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Terms and Conditions

Terms and conditions of Ewa Płatek Kids Fashion online store

It defines, among others, the rules of concluding sales agreements through the store, containing the most important information about the Seller, the store and the Consumer’s rights.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order completion
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Disclaimers
§ 12 Provisions concerning non-consumer buyers
Attachment No. 1: withdrawal form template

§ 1 DEFINITIONS

Business days – days from Monday to Friday except for public holidays.
Account – regulated by separate regulations free-of-charge Store function (service provided electronically), through which the Buyer can set up his individual account in the Store. 
Consumer – Consumer within the meaning of the Civil Code.
Buyer – any entity purchasing in the Store.
Terms and Conditions – these rules and regulations.
Store – Ewa Płatek Kids Fashion Internet store run by the Seller at https://ewaplatek.pl. 
Seller – MODJO Group Sp. z o.o., ul. Międzyleska 2-4 pok. 305, 50-514 Wrocław, NIP  8992909797

§ 2 CONTACT WITH THE SELLER

  1. Postal address: Ewa Kopeć ul. Międzyleska 2-4, loc. 107, 50-514 Wrocław
  2. E-mail address: sklep@ewaplatek.pl
  3. Phone: +48504384549

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store you need:
    • A device with Internet access
    • A web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

  1. Prices of goods visible in the Store are total prices for the goods, including VAT.
  2. The Seller points out that the total price of an order consists of the price of the goods indicated in the Store and, if applicable, the cost of delivery of the goods.
  3. The product selected for purchase must be added to the shopping cart in the Store.
  4. Then the Buyer chooses from available in the Store: a method of delivery of goods and a method of payment for the order, as well as gives the data necessary to complete the order.
  5. An order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
  6. Placing an order is the same as concluding a sales agreement between the Buyer and the Seller.
  7. Seller shall provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest at the time of delivery of goods.
  8. Buyers can register in the Shop, i.e. create an Account or make purchases without registration by providing their data for each order.

§ 5 PAYMENTS

  1. The order placed can be paid for, depending on the buyer’s choice:
    1. By ordinary bank transfer to the Seller’s bank account.
    2. Through a payment platform:
      • PayPal
    3. Cash on delivery, i.e. in cash at the time of delivery of goods to the Buyer.
    4. By card or cash at the time of personal collection of the goods.
  2. If the Buyer chooses to pay in advance, the order must be paid for within 1 Business Day of placing the order.
  3. The Seller informs that in case of some payment methods, due to their specificity, payment of the order by those method is possible only directly after placing the order.
  4. Buyer making purchases at the Store accepts the use of electronic invoices by the Seller. Buyer has the right to withdraw his or her acceptance.

§ 6 ORDER EXECUTION 

  1. The seller is obliged to deliver the goods without defects.
  2. The order processing time in Poland is up to 3 working days and in case of foreign shipments the processing time is up to 30 working days.
  3. In case the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after it has been paid.
  4. If within one order the Buyer has purchased goods with different processing times, the order shall be completed within the time limit applicable to the goods with the longest processing time.
  5. Countries of delivery: all countries to which it is possible to ship the goods.
  6. Goods purchased in the Store are delivered depending on the method of delivery chosen by the Buyer:
    1. Through courier company
    2. Through the Polish Post
  7. The Buyer may collect the goods in person at the company’s headquarters during its opening hours.
  8. If the Buyer has chosen personal collection, the goods will be ready for collection on the indicated order completion date, and if the Seller has indicated a date of shipment of the goods – on that date.

§ 7 THE RIGHT TO WITHDRAW FROM THE CONTRACT

  1. A consumer has the right to withdraw from a contract concluded with the Seller through the Shop, subject to § 8 of the Regulations, within 14 days without providing any reason.
  2. The withdrawal period expires after 14 days from the date:
    1. In which the Consumer took possession of the goods or in which a third party other than the carrier and the person indicated by the Consumer took possession of the goods.
    2. On which the Consumer has taken possession of the last of the items or on which a third party, other than the carrier and the person indicated by the Consumer, has taken possession of the last of the items in the case of a contract that involves the transfer of ownership of multiple items that are delivered separately.
  3. In order for the Consumer to exercise the right of withdrawal he must inform the Seller, using the data specified in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information transmitted by e-mail).
  4. The consumer may use the withdrawal form template located at the end of the Terms and Conditions, but it is not mandatory.
  5. In order to meet the withdrawal deadline it is sufficient for the Consumer to send information concerning the exercise of his right of withdrawal before the withdrawal period has expired. 

    EFFECTS OF WITHDRAWAL
  6. In the case of withdrawal from the contract the Seller returns to the Consumer all payments received from him, including the costs of delivery of goods (except for additional costs arising from the chosen by the Consumer way of delivery other than the cheapest ordinary way of delivery offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed of the Consumer’s decision to exercise the right of withdrawal.
  7. Reimbursement will be made by the Seller using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in any case the Consumer will not incur any fees in connection with this return.
  8. The Seller may withhold reimbursement until the Seller has received the goods or until it has been provided with reason of its return, whichever event occurs first.
  9. Seller asks for return of goods to the address: Ewa Kopeć ul. Międzyleska 2-4, loc. 107, 50-514 Wrocław immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about withdrawal from the sales contract. The deadline is met if the consumer sends back the goods before the expiry of the 14-day period.
  10. The consumer shall bear the direct costs of returning the goods.
  11. The consumer shall only be liable for any diminished value of the goods resulting from the use of the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
  12. If the goods, due to their nature, cannot be returned in the usual way by post the Consumer will also have to bear the direct costs of returning the goods. About the estimated amount of these costs the Consumer will be informed by the Seller in the description of goods in the Store or when placing an order.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal from a distance contract does not apply to the Consumer in relation to the contract:
    1. In which the object of the supply is a non-refabricated thing produced according to consumer specifications or used to meet his individual needs.
    2. In which the object of the service is a thing delivered in a sealed package that cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery.
    3. In which the subject matter of the performance are things which after delivery, by their nature, are inseparable from other things.

§ 9 COMPLAINTS

  1. In case of a defect in the goods, the Buyer has the right to claim the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if a guarantee was granted.
  2. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
    1. Submit a price reduction declaration
    2. In the case of a material defect, make a statement of withdrawal from the contract
    3. Require the item to be replaced by one free of defects
    4. Demand removal of the defect
  3. The Seller asks for submitting complaints on the basis of the warranty to the postal or electronic address specified in § 2 of the Terms and Conditions.
  4. If it turns out that in order to consider the complaint it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, in case of a Consumer at the expense of the Seller, to the address Ewa Kopeć ul. Międzyleska 2-4, loc. 107, 50-514 Wrocław
  5. If a warranty has been additionally granted, information about it, as well as about its conditions, is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be sent to the e-mail address specified in § 2 of the Terms and Conditions.
  7. The complaint will be considered by the Seller within 14 days. 

    OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
  8. In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
    1. Mediation conducted by the territorially competent Regional Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    2. The assistance of a permanent amicable consumer court operating at the Provincial Trade Inspection Inspectorate, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    3. Free assistance from a city or county consumer advocate.
    4. ODR’s online platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL INFORMATION

  1. The administrator of the personal data provided by the Buyer while using the Store is the Seller.
  2. The Buyer’s personal data is processed on the basis of the contract and for the purpose of its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is contained in the privacy policy posted in the Store.

§ 11 DISCLAIMERS

  1. It is prohibited for the Buyer to provide content of an unlawful nature.
  2. Each order placed in the Store constitutes a separate contract of sale and requires a separate acceptance of the terms and conditions. The contract is concluded for the time and for the purpose of fulfilling the order.
  3. Contracts concluded on the basis of these Terms and Conditions shall be concluded in the Polish language.
  4. None of the provisions of these Regulations does not exclude or in any way limit the rights of the Consumer under the law.
  5. The provisions relating to goods shall apply mutatis mutandis to digital content, unless the Terms of Use specify these matters separately.

§ 12 PROVISIONS CONCERNING NON-CONSUMER BUYERS

  1. The right of withdrawal from a distance contract does not apply to an entity other than the Consumer.
  2. Any liability of the Seller in relation to the Buyer who is not a Consumer is excluded.
  3. In case of a possible dispute with the Buyer who is not a Consumer, the competent court shall be the court having jurisdiction over the registered office of the Seller.

Annex 1 to the Terms and Conditions

Below is a withdrawal form template that the Consumer may or may not use: 

WITHDRAWAL FORM TEMPLATE
(this form must be completed and returned only if you wish to withdraw from the contract)

Ewa Kopeć, ul. Międzyleska 2-4, loc. 107, 50-514 Wrocław
Ewa Kopeć email address: sklep@ewaplatek.pl

– I/We(*) …………………………………………………………… hereby inform(*) of my/our withdrawal from the contract of sale of the following items:

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………………………………………………………

– Receiving date …………………………………………………………………………………………………………..

– First and last name of Consumer(s): ………………………………………………………………………………………………………………

– Consumer’s address(es): …………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………………………………………….

…………………………………………………………………………………
Consumer’s signature
(only if the form is submitted on paper)


Date ……………………………………..

(*) Delete as appropriate.

Account Terms and Conditions

Ewa Płatek Kids Fashion store account terms and Conditions

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data 
§ 7 Disclaimers

§ 1 DEFINITIONS

Account – regulated by separate regulations free-of-charge Store function (service provided electronically), through which the Buyer can set up his individual account in the Store. 
Buyer – any entity purchasing in the Store.
Store – Ewa Płatek Kids Fashion Internet store run by the Seller at https://ewaplatek.pl. 
Seller – Business days – days from Monday to Friday except for public holidays.
Account – regulated by separate regulations free-of-charge Store function (service provided electronically), through which the Buyer can set up his individual account in the Store. 
Consumer – Consumer within the meaning of the Civil Code.
Buyer – any entity purchasing in the Store.
Terms and Conditions – these rules and regulations.
Store – Ewa Płatek Kids Fashion Internet store run by the Seller at https://ewaplatek.pl. 
Seller – MODJO Group Sp. z o.o., ul. Międzyleska 2-4 pok. 305, 50-514 Wrocław, NIP  8992909797.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: Ewa Kopeć ul. Międzyleska 2-4, loc. 107, 50-514 Wrocław
  2. E-mail address: sklep@ewaplatek.pl
  3. Phone: +48504384549

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store you need:
    • Active e-mail account
    • A device with Internet access
    • A web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

  1. Creating an Account is voluntary and depends on the will of the Buyer.
  2. The Account gives the Buyer additional options, such as: viewing the history of Orders placed by the Buyer in the Store, checking the status of the Order, or editing the Buyer’s data.
  3. In order to set up an Account, you must complete the appropriate form in the Store.
  4. At the moment of creating an Account is concluded for an indefinite period of time between the Buyer and Seller an agreement to run the Account under the rules set out in the Regulations.
  5. The Buyer may cancel the Account at any time without incurring any costs.
  6. In order to resign from the Account, you should send your resignation to the Seller at the e-mail address: shop@sklep142771.shoparena.pl, which will result in the immediate deletion of the Account and termination of the agreement to maintain the Account.

§ 5 COMPLAINTS

  1. Complaints regarding the operation of the Account should be sent to the e-mail address  sklep@ewaplatek.pl.
  2. The complaint will be considered by the Seller within 14 days. 

    OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES
  3. In the event that the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things: z:
    1. Mediation conducted by the territorially competent Regional Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    2. The assistance of a permanent amicable consumer court operating at the Provincial Trade Inspection Inspectorate, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    3. ODR’s online platform available at: http://ec.europa.eu/consumers/odr/.

§ 6 PERSONAL INFORMATION

  1. The administrator of the personal data provided by the Buyer while using the Store is the Seller.
  2. The Buyer’s personal data is processed on the basis of the contract and for the purpose of its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is contained in the privacy policy posted in the Store.

§ 7 DISCLAIMERS

  1. It is prohibited for the Buyer to provide content of an unlawful nature.
  2. The Agreement for maintaining an Account shall be concluded in the Polish language.
  3. In the event of the occurrence of important reasons referred to in paragraph 4, the Seller shall have the right to amend these Account Terms and Conditions.
  4. The important reasons referred to in paragraph 3 are:
    1. the need to adapt the Store to the legal regulations applicable to its operations
    2. improve the security of the service provided
    3. change of the Account functionality requiring modification of the Account rules.
  5. The Buyer will be informed about the planned change of the regulations of the Account at least 7 days before the change comes into force through an e-mail sent to the address assigned to the Account.
  6. If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller’s e-mail address sklep@ewaplatek.pl, which will result in termination of the agreement for maintaining the Account as of the effective date of the planned change or earlier, if the Buyer submits such a request.
  7. If the Buyer has not objected to the planned change by the time it comes into force, it shall be deemed to have accepted it, which shall not constitute any obstacle to future termination of the contract.
  8. In case of a possible dispute with the Buyer who is not a Consumer, the competent court shall be the court having jurisdiction over the registered office of the Seller.
  9. None of the provisions of these Regulations does not exclude or in any way limit the rights of the Consumer under the law.

Newsletter Terms and Conditions

Płatek Kids Fashion

§ 1 DEFINITIONS

Newsletter – a service provided free of charge by electronic means, through which the Customer may receive from the Service Provider by electronic means pre-ordered messages concerning the Store, including information about offers, promotions and news in the Store. 
Store – the Ewa Płatek Kids Fashion Internet store operated by the Service Provider at the address https://ewaplatek.pl.
Service Provider – entrepreneur conducting business under the name Ewa Kopeć, registered in the Central Register of Business Activity and Information, maintained by the minister responsible for economy, NIP 9151653472, REGON no.: 381894002, 2-4, ul.  Międzyleska 2-4, loc. 107, 50-514 Wrocław
Customer – each entity using Newsletter service.

§ 2 Newsletter

  1. The Customer may voluntarily use the Newsletter service.
  2. In order to use the Newsletter service it is necessary to have a device with a web browser in the latest version, supporting JavaScript and cookies, with access to the Internet and an active e-mail account.
  3. Emails sent under this service will be sent to the email address provided by the Customer when signing up for the Newsletter.
  4. The Customer, in order to conclude an agreement and sign up for the Newsletter service, first gives his/her e-mail address in a designated place in the Store, to which he/she wishes to receive messages sent under the Newsletter. Then, at the email address provided in the first step, the Service Provider will send an email to the Customer verifying the email address, which will contain a link to confirm the Customer’s wish to subscribe to the Newsletter. Upon confirmation of the Customer’s wish to subscribe to the Newsletter, a service agreement shall be concluded and the Service Provider shall commence providing the service to the Customer.
  5. Messages sent within the Newsletter will include information about the possibility of unsubscribing from it, as well as a link to unsubscribe.
  6. The Customer may unsubscribe from the Newsletter, without giving any reason or incurring any costs, at any time using the option referred to in sec. 5 or by sending a message to Provider’s email address: sklep@ewaplatek.pl.
  7. The Customer’s use of the link to unsubscribe from the Newsletter or sending a message with a request to unsubscribe from the Newsletter shall result in immediate termination of the agreement for the provision of this service.

§ 3 Complaints

  1. Complaints concerning the Newsletter shall be reported to the Service Provider at the following e-mail address: sklep@ewaplatek.pl.
  2. Service Provider will respond to the complaint within 14 days of receiving the complaint.

§ 4 Personal Data

  1. The administrator of the personal data provided by the Customer while using the Newsletter is the Service Provider.
  2. The Customer’s personal data is processed on the basis of the contract and for the purpose of its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Service Provider is contained in the privacy policy posted in the Store.

§ 5 Final provisions

  1. Service Provider reserves the right to change these regulations only for important reasons. An important reason shall be understood as a necessity to amend the regulations due to modernization of the Newsletter service or change in legal regulations, affecting the provision of service by the Service Provider.
  2. Information on planned changes to the rules will be sent to the Customer’s email address provided when signing up for the Newsletter at least 7 days before the changes take effect.
  3. If the Customer does not object to the planned changes by the time they become effective, the Customer will be deemed to have accepted them.
  4. If the Customer does not accept the planned changes, he or she should send information about it to the e-mail address of the Service Provider: sklep@ewaplatek.pl, which will result in termination of the contract for the provision of services upon entry into force of the planned changes
  5. It is prohibited for the Customer to provide unlawful content.