Terms / Conditions
These Terms and Conditions set rules for using the Online Shop, run by the Seller under website address www.en.wearchartbeat.pl
Seller: Chartbeat Agata Szadkowska with its registered office in Zgorzala (05-500), address: ul Pelikana 2G/1, entered into the register of entrepreneurs - Central Registration and Information on Business (CEIDG), and European Union Taxpayer Identification Number (NIP UE/EU VAT ID): PL7282618417, and Business Id. Number (REGON): 362609574, is the Seller and the Owner of the Wear.Chartbeat Online Shop.
Contact data and postal address:
e-mail address: email@example.com
postal address: Bozowka 5, 26-910 Magnuszew, Poland
§ 1. DEFINITIONS
1. Order Cancellation – a possibility to terminate the Sale Agreement or lack of acceptance to enter into such agreement for the reasons beyond the control of the Seller, set up in the Terms and Conditions; in the event of Order Cancellation, the Customer receives a notification of such cancellation with the justification of this action to the e-mail address given during the purchase process.
2. Order Lead Time – time in which the order is completed and handed over to the carrier which will deliver the Order to the address given by the Customer; order lead time does not include delivery time.
3. Working days – mean weekdays from Monday till Friday (excluding days which are statutory free from work).
4. Customer – an entity having full capacity to perform acts of law, who places an order or registers themselves in the Online Shop according to the Terms and Conditions, and to whose benefit the Seller renders electronic services.
5. Consumer – Customer being a natural person, performing acts of law which are not in connection with their commercial or professional activity.
6. Account – dedicated to the Customer, modifiable element of the Online Shop, created after completing Registration process by the Customer.
7. Shopping Cart – integral part of the Online Shop and purchase system, in which the Customer approves Order details, that is type and quantity of selected items, delivery data, invoice data, payment method.
8. Newsletter – free service rendered electronically, by which the Online Shop informs Customers about new materials and events appearing within the scope of activities of the Online Shop by periodically sending chosen, edited content in the form of an electronic letter.
9. Terms and Conditions – these Terms and Conditions of the Online Shop.
10. Registration – procedure carried out by the Customer in the manner set forth in the Terms and Conditions in order to process the Order and be able to use given functionalities of the Online Shop.
11. Online Shop (Shop) – website accessible at www.en.wearchartbeat.pl, by using which the Customer may particularly place and Order for available Items.
12. Item – product presented in the Online Shop, which may be the subject of a Sale Agreement; important features of each Item are presented at a subpage assigned to it; the image of an Item presented on the pages of the Online Shop is just a visualization of its factual appearance and is of purely informative nature.
13. Sale Agreement – agreement of sale of an Item, within the meaning of the Act of April 23, 1964 – the Civil Code, concluded in accordance with the Terms and Conditions between the Seller and the Customer, through the purchase system of the Shop.
14. Order – statement of will of the Customer leading directly to the conclusion of Sale Agreement setting forth its important conditions.
§ 2. GENERAL RULES
1. These Terms and Conditions set forth rules for usage of the Online Shop, particularly conditions of placing and modifying Orders, making payments and other rights and responsibilities of the Customer and the Seller.
2. The Online Shop is engaged in retail sale of Items, in particular children clothing, via Internet within the territory of the Republic of Poland.
3. The Online Shop renders also free services electronically, in particular by managing Customer Account, Newsletter and making available functionalities of the Shop, including interactive Order form.
4. These Terms and Conditions are accessible free of charge before concluding the agreement on the website of the Online Shop, and also, at a Customer’s demand, in such a way as to enable the Customer to obtain, replay, and save the Terms and Conditions via ITC system.
5. Getting acquainted with these Terms and Conditions and their acceptance is the condition of using the website, completing Registration and placing an Order in the Online Shop.
6. Information contained in the Online Shop is not an offer within the meaning of the Act of April 23, 1964 – the Civil Code, but is an invitation to conclude an agreement.
7. In order to use the Online Shop and finalize an Order, the following minimum technical requirements must be met:
a) appliance with Internet access,
c) active e-mail account,
d) recommended minimum resolution of the screen is 1024×768 pixels.
8. The Customer is forbidden to:
a) deliver content which is forbidden by law, including content infringing personal rights and other rights of any third parties,
b) act in a manner infringing the law or in order to evade the law, as well as contrary to the rules of social coexistence or principles of morality;
c) use the Online Shop in a manner disrupting its functioning or onerous to the Seller or other Customers.
9. The Seller provides protection of the electronic data transfer by using technological and organizational means in order to protect data from being acquired by unauthorized persons. However, the Seller underlines the fact that using the Internet and electronic services may pose a threat of a malicious software getting to the ITC system and computer of the Customer and unauthorized access by third parties to Customer’s data, including personal data. In order to minimize such threats, the Customer should use appropriate technical protection, e.g. anti-virus software or software protecting identification data in the Internet.
10. All agreements are concluded subject to the provisions of Polish law and in Polish language.
§ 3. REGISTRATION
1. Every Customer has a possibility to create an individual Account in order to facilitate the process of placing an Order, including saving the delivery address, following current Order status and see the history of ordered Items. Customer completes Registration procedure for this purpose.
2. Customer obtains status of a registered Customer after completing necessary registration proceedings in the Online Shop in accordance with the interactive form (particularly indicating their true data) which is available after clicking the ‘Register’ icon, and following detailed messages appearing at the website of the Online Shop during the procedure.
3. Customer may also create an account during the procedure of placing an Order by clicking ‘I want to create an account’ icon.
4. Upon confirmation of Registration, an agreement to provide electronic services of managing the Account is concluded between the Customer and the Seller.
5. During Registration process, Customer sets login and password which will be used to access the created Account. Customer may not disclose the password to any third parties. The Account is non-transferable.
6. After completing Registration, each logging in takes place with the use of data indicated by the Customer in the registration form. Customer leaving the Online Shop should log out each time, particularly in order to keep their data safe.
7. The Account contains information indicated by the Customer during Registration. A logged in Customer may modify their data and remove the Account with all personal data by reporting such demand to the Seller. More detailed information on protection of personal data is given in § 9.
8. Customer is obliged to update the Account data accordingly.
§ 4. ORDERS
1. Electronic orders may be placed 24 hours a day, 7 days a week during the whole year, provided that they are processed during Working Days till 4 p.m.
2. Orders may be placed by Customers, who:
a) Have the status of a registered Online Shop User,
b) Do not have the status of a registered Online Shop User.
3. A Customer who does not have a registered account places and Order omitting the Registration procedure and logging in.
4. Customer creates and Order by adding Items to the Shopping Cart digitally. Effective addition will be shown in the Item number changing in the Shopping Cart Icon, and after entering the Cart the Items will be shown in the Order list.
5. After going to ‘Purchase’ bookmark, Customer chooses payment and delivery method and delivery address for the Order.
6. After completing the Order, Customer confirms it and sends it to the Seller by clicking the digital button ‘Pay Now’.
7. Customer has the ability to modify the Order via electronic sale system of the Online Shop till the moment of clicking the ‘Pay Now’ button.
8. Customer may change the Order, particularly correct any mistakes that may occur in the entered data till the moment of posting the Items to the Customer, by immediate, direct contact (via telephone or e-mail) with the Seller.
9. Information displayed in the Online Shop are only an invitation to make offers by the Customers. Placing an order by a Customer is equivalent to making a statement of will to enter into a Sale Agreement of an Item. Conclusion of a Sale Agreement takes place at the moment of sending an Order confirmation by the Seller to the e-mail address indicated during the Ordering process.
10. An Order is effective if a Customer correctly fills in the Order Form and correctly enters contact data, including a proper address to which the ordered Items should be posted. The Seller will contact the Customer in the event the given data ate incorrect or incomplete. If contact is not possible through the fault of the Customer, the performance will be deemed unenforceable and the Seller may cancel the Order or withdraw from the Agreement.
11. The text of the agreement is saved, secured and disclosed via the sale system of the Online Shop and is attached to the posted Items. Customer has also free access to the agreement after logging in to the Customer Account.
12. If the Customer does not receive the confirmation within 3 days from making an offer, this offer becomes unbinding. Receipt of the confirmation is understood as introduction of the message into an electronic communication means so that the Customer may acquaintance themselves with it.
13. In the event the Seller cannot temporarily make the performance as specified by the Customer, the Seller may make a substitute performance, which would be equivalent in quality and purpose, and at the same price, notifying the Customer about their right to reject this Order, withdraw from the agreement and return the Item(s) at the cost of the Seller. Customer may also alternatively demand the Seller to fulfil the Order in part, cancel the whole Order and return the advance payment, or to defer the fulfilment of the Order till the moment the missing Item(s) will be available.
14. Order Lead Time usually takes 2 (two), but not longer than 10 (ten) Working Days, subject to provisions of section 13 of this paragraph. Order processing begins:
a) by regular bank transfer – after booking the payment by the Seller,
b) by digital payment (Card/Braintree, PayPal, PayU etc.) – after receiving the payment confirmation from the operator.
§ 5. PRICES AND PAYMENTS
1. Prices shown at the sites of the Online Shop:
a) are gross prices (they include all taxes and duty, including VAT),
b) do not contain delivery costs, which depend on the Customer’s choice of the delivery method during Order completion.
2. Total sum of the Order, i.e. total value of the Item(s) plus delivery costs, is shown to the Customer each time before placing the Order with the Seller.
3. The binding price is shown to the Customer in the Order summary at the moment of placing an Order with the Seller.
4. The Customer may choose one of the following payment method:
a) online payment:
i) Electronic payment via payment system PayU, managed by PayU S.A.,
ii) Electronic payment via PayPal international payment system,
iii) Regular bank transfer to the Seller’s account (account data are given in the Order confirmation).
5. A sales document is issued to each purchased Item. An invoice is issued on Customer’s demand.
6. Prices shown in the Online Shop may be subject to change (e.g. during promotions or on sale). Order Conditions cannot be changed in the case of a Customer who have placed an offer as stipulated in Paragraph 4 of the Terms and Condition before price change.
§ 6. DELIVERY
1. Customer incurs Delivery costs (subject to provisions of section 6) which are added to the Order value in the Order summary.
2. Order is sent to the address indicated in the Order Form or in the Customer Account. The Seller will contact the Customer immediately in the event the effective delivery is impossible due to incorrectly filled in Order form.
3. Order is posted provided that the Customer has paid the Order value, unless the Customer has chosen payment at delivery or personal collection.
4. Parcels are delivered by National Post Office operators or courier company UPS.
5. Delivery within the territory of Poland takes up to 10 (ten) Working Days, but it is usually not longer than 2 (two) Working Days from the moment the Order is completed and posted by the Seller.
6. In the event a parcel suffered damage of any kind before handing it over to the Customer, the carrier is obliged to promptly draw up a report stating the condition of the parcel and circumstances in which damage occurred. The carrier should do the same at the Customer’s demand, if the Customer claims that the parcel has been damaged.
§ 7. WITHDRAWAL FROM THE AGREEMENT
1. Consumer who entered into a remote agreement may withdraw from it without stating grounds by way of a written statement filed within 14 (fourteen) days from the date of handing over the Item to the Customer, and in the case of service from the date of the conclusion of the agreement.
2. To observe this time limit, it is sufficient to send a written statement before the time limit lapses.
3. In the event of withdrawal, the agreement is deemed non-concluded and the Customer is released from all liabilities. The subject of the performance shall be returned to the Seller in an unchanged condition, unless change was necessary in the ordinary scope of business.
4. The return should be made immediately, no later than within 14 (fourteen) days. If the Customer has made any advance payments, the Customer is entitled to statutory interest from the date of the advance payment.
5. The Customer returns Item(s) to the address indicated at the "Returns" page. If the Customer withdraws form the agreement and simultaneously returns the Item(s), the Customer should attach a written statement of withdrawal. The Customer should also attach the sales document.
6. Costs of returning the Item(s) to the Seller in the case of a remote agreement is incurred by the Consumer.
7. The returned product must not bear any signs of use, in particular traces of hair.
8. The Customer is responsible for reducing the value of the goods due to any misuse, improper use or staining.
9. The Seller has the right to charge the Customer with additional costs, if the Customer returns damaged goods or goods whose value is decreased in any way (eg. costs of cleaning from hair, stains or dirt).
§ 8. COMPLAINTS
1. If the Item(s) is not in accordance with the agreement, Customer may demand bringing it to the condition set forth in the agreement by free repair or replacement to a new one(s), unless the repair or replacement entail excessive costs. In such event, the Customer may demand an appropriate discount or withdraw from the agreement (return of products and money).
2. The Customer loses such right if the Customer does not notify the Seller about the Item’s inconsistency with the agreement within 2 (two) months from stating such inconsistency. To observe this time limit it is sufficient to send a notification before it lapses.
3. Each Customer is entitled to file a complaint. Customer who is not a Consumer and the Seller indemnify themselves from the warranty for defects.
4. The Seller is responsible for the Item’s inconsistency only in the case it has been stated before the lapse of 1 (one) year from the moment of handing the Item over to the Customer.
5. All complaints should be filed to the address indicated at the beginning. The Item being subject to complaint should be delivered along with the sale document and complaint application.
6. To facilitate the complaint procedure, particularly to state the inconsistency of the Item with the agreement, Customer should contain the following information in the complaint application:
a) Customer data enabling the Seller to contact and identify the Customer, particularly e-mail address and telephone number,
b) date of the conclusion of the sale agreement,
c) paid sum and payment method,
d) grounds for the complaint,
e) optionally preferred method of dealing with the complaint or remove defects.
7. The Seller will consider the complaint application within 14 (fourteen) days.
8. Complaint procedure concerns electronic services accordingly, including complaints concerning the Newsletter.
1. Personal data indicated by the Customer are processed by the Seller who is the Administrator of Personal Data (AFD) under Act of August 29, 1997 on Protection of Personal Data (Journal of Laws 1997, No. 133 item 883 as amended).
2. Purposes and scope of processed personal data are defined by given consents and data filled in and sent by way of appropriate forms.
3. Personal data, particularly: name, surname, postal address, e-mail address, telephone number, login, IP address of the computer from which the Order has been placed or the Account was registered, will be processed for the following purposes:
a) to execute provisions of law,
b) create Customer Account, finalize Orders, provide Newsletter service, consider filed complaints and return performances in the case of a withdrawal from the agreement.
4. Processing Customer’s personal data for the marketing purposes needs separate consent in order to send Newsletter and trade offers to the indicated e-mail address.
5. For the purpose of Newsletter service, the Seller processes only e-mail addresses of the Customers.
6. Indicating personal data is voluntary, but the lack of consent to process personal data marked as obligatory may render it impossible for the Seller to provide services, including finalizing the Order or managing Customer Account.
7. These consents may be revoked at any time by sending such demand to the e-mail address or postal address indicated at the beginning of these Terms and Conditions.
8. Statutory authorization to process data necessary to act in accordance with the law is the legal basis for processing personal data in the case described in point 3 section a, and in the case described in point 3 section b, it is a contractual authorization to process personal data in events when it is necessary to fulfil legally reasoned purposes by the administrator of the data, receiver of the data, by consent of the Customer.
9. The data are disclosed only for the purpose of providing services and fulfilling the agreement (particularly to a courier company and accountant office). Personal data gathered by the Service Provider may also be disclosed to:
a) authorized state organs at their demand and under according provisions of law,
b) other persons and entities in the events set forth by the provisions of law.
10. Disclosure of personal data to any unauthorized entities may take place only after obtaining prior consent of the person in question.
11. Customer has the right to:
a) access their personal data, amend, supplement, correct and update the data by way of electronic communication with the administrator of the data or by editing Customer Account data,
b) demand temporal or permanent cessation of personal data processing or data deletion provided the data has turned out to be incomplete, not updated, untrue or gathered in a manner violating the provisions of law,
c) object to personal data processing – in the statutory cases – and demand deletion of personal data as soon as they become redundant for the purpose they were gathered.
12. Entrusted personal data are kept and protected in accordance with the applicable regulations: Act of June 29, 1997 on the Protection of Personal Data (Journal of Laws No. 101 of 2002, item 926 as amended) and the Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws 2002, No. 144, item 1204, as amended), the Regulation of April 29, 2004 by the Minister of Internal Affairs and Administration as Regards Personal Data Processing Documentation and Technical and Organizational Conditions Which Should be Fulfilled by Devices and Computer Systems Used for the Personal Data Processing (Journal of Laws of 2004 No. 100, item 1024).
13. The Seller provides proper technical and organizational means ensuring safety of personal data disclosed by the users, particularly means which render it impossible to access the data by any third parties or process them in a manner violating provisions of law, preventing data loss, damage or destruction.
14. After the Customer stops using services provided by the Seller as a result of termination of the agreement or lack of acceptance for these Terms and Conditions, Customer’s personal data may be processes in the scope necessary to state any violations and seek liability in connection to violation of law or these Terms and Conditions by the Customer.
15. For the proper functioning of the website, the Seller uses cookie files. Cookie files are information packages by which the Customer uses websites and which are saved on the Customer’s appliance and usually contain website address, date of placing, termination date, unique number and some additional information. Cookies may come from the administrator of the Online Shop or may be external files, which means they are placed by partners of the administrator via the Online Shop.
16. User may switch off of or limit the functioning of cookie files on their appliance according to the instructions of the Internet browser producer; however; it may cause that some or all functions of the Online Shop become unavailable. The User agrees to use cookie files by not changing settings switching off the cookie files.
17. Discovering Customer’s identity is not possible by using cookie files.
18. Files generated directly by the Online Shop cannot be read by other websites. External cookie files may be read by external servers.
19. The Online Shop uses cookie files to:
a) maintain User session (own files),
b) adjust content of the website to user’s preference (own files),
c) ensure data safety (own files),
d) create statistics (anonymous) which enable the Administrator to optimize functionalities of the website (external files),
e) combine website functions with external services used by the user (external files),
f) show marketing information suitable to the user’s preference and limit amount of advertisement shown (external files).
20. The Online Shop uses two basic types of cookie files:
a) session – deleted upon closing of the user’s session;
b) permanent – closing the user’s session does no delete the files.
21. Each user may, at any time, delete cookie files saved at their appliance according to the instructions of the Internet browser producer.
22. The website may save http requests, therefore some information may be saved in server log files, including IP address of the computer from which the request was made, customer station name – identification executed by http protocol, if possible, date and system time of the registration and request in the website, number of bytes send by the server, URL address of the site previously visited by the user, if the Customer entered the site using a link, information on user’s Internet browser, information on errors which occurred during http transaction.
23. Log files may be stored as a material for proper website administration. Only persons entitled to administer the ITC system have access to the information.
24. Log files may be analyzed in order to create statistics of Online Shop traffic and occurring errors. Summing up of such information does not enable identification of Customers.
§ 10. NEWSLETTER
1. Newsletter subscription is provided by the Seller to the benefit of Customers who have given their consent voluntarily.
2. In order to subscribe to the Newsletter, a Customer needs to:
a) order Newsletter service via interactive form available at www.en.wearchartbeat.pl giving their e-mail address,
b) accept these Terms and Conditions and agree to processing of personal data contained in the Form by the Service Provider for the marketing purposes and to receive trade information connected to the Newsletter service via electronic communication means,
c) click ‘Sign up’ icon
3. At the moment of subscription acceptance, the Seller enters into an agreement with the Customer to provide Newsletter service for the indefinite time.
4. The User may terminate the agreement for Newsletter service at any time by deactivating the subscription. Resignation from the Newsletter effects by activation of proper link placed in the footnote of each electronic letter sent as a Newsletter.
5. The Service Provider ensures safety of electronic transfer by using technical means in the scope corresponding to safety threats to Newsletter service.
6. Consent to receive trade information via electronic communication means sent by the Service Provider is voluntary and may be revoked at any time.
§ 11. CHANGE OF THE TERMS AND CONDITIONS
1. The Seller may change these Terms and Conditions due to important reasons, particularly legal or technical.
2. Registered Customers will be informed about the change in the Terms and Conditions by e-mail sent to the address given during Registration, 14 days before amended Terms and Condition come into force, and unregistered Customers by a message shown at the home page for 14 days before the amended Terms and Conditions come into force.
3. Customer needs to accept or refuse to accept the Terms and Conditions again.
4. In the event of refusing the acceptance of the Terms and Conditions, the Customer may delete their account at any time.
5. Orders placed before new Terms and Conditions come into force are finalized according to the current Terms and Conditions.
§ 12. FINAL PROVISIONS
1. Provisions of common law, particularly Act of March 2, 2000 on the Protection of Some of the Consumer’s Rights and on Responsibility for the Damage Caused by a Dangerous Product (Journal of Laws 2000 No. 22, item 271 as amended) and Act of July 27, 2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176 as amended), Act of April 23, 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93 as amended) apply in the cases not regulated by these Terms and Conditions.
2. Provisions of the Terms and Conditions cannot be contradictory to applicable provisions of law, particularly concerning consumer rights. If any provision of these Terms and Conditions violates such provisions, the Seller does not apply it in the agreements with Consumers. The operation of the store is regulated by Polish law, in accordance with European Union law in the field of consumer rights.
3. All materials including graphic elements, composition of these elements, trademarks and other elements shown in the Online Shop are subject of exclusive rights, particularly intellectual property rights and industrial property law. Using the materials published in the Online Shop in any form needs the Seller’s consent each time.
4. Any disputes arising between the Seller and a Customer, and a Customer who is not a Consumer are adjudicated by a competent Polish common court of venue for the Seller (Poland).