These Terms and conditions set out the principles of providing sales services through the website www.amsustore.com - a document required under Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights. It applies to consumers from EU Member States. The seller and the administrator of the online store is:
AMSU by Radosław Borowski
Company address: Wiązana 59E, 04-680 Warsaw, Poland
telephone +48 501 849 653, e-mail: firstname.lastname@example.org
The company Register number in Poland: Central Register and Information on Economic Activity (CEIDG)- REGON: 302224562, VAT - tax number: PL5562728100.
- Customer - a natural person and a legal entity or an organizational unit without legal personality but with capacity to enter into legal transactions, which is part of or intends to enter into a contract or use the other services offered via the online store.
- Consumer- a Customer who is natural person using the online store for personal use or consumption, not for purposes related directly to business or professional activity.
- Sales contract - means any contract under which the seller transfers or undertakes to transfer the ownership of the product to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services.
- Service contract - means any contract other than a sales contract under which the seller supplies or undertakes to supply a service to the consumer and the consumer pays or undertakes to pay the price thereof.
- Order - electronic declaration to fulfill the contract (order of product or service).
B. General provisions
- The customer is obliged to enter data into the system based on the facts that are consistent with the law and morality. Shared data can not violate personal rights or property rights of third parties.
- Commercial information - pricing, descriptions, advertising and other product information on the seller's website constitutes an invitation to enter the contract.
- Product must be of merchantable quality, fit for their purpose and must meet the description of the product in the online store.
- Order by electronic means can be placed 24 hours a day, 7 days a week.
C. Ordering procedure
- Subject of activity - organized distance sales - using the internet - of clothes and accessories. The seller delivers the product ordered through www.amsustore.com to consumer in EU Member States and beyond it.
- Order fulfillment process (preparation of the product for shipment) shall initiate:
- in case the payment method is cash on delivery is chosen – after the confirmation of the order when it is directed to be processed; and
- in case the online payment is chosen - after the receipt of the payment.
- The order completion period is provided in the description of the product.
- Unless the parties have agreed otherwise on the time of delivery, the seller shall deliver the product by transferring the physical possession or control of the product to the consumer without undue delay, but not later than 30 days from the conclusion of the contract. If the delay in delivery exceeds 30 days, the customer shall be entitled to withdraw from the contract.
- If the seller declares being unable to deliver the product within deadline, the customer shall be entitled to withdraw from the contract by giving a written notice. In this case upon termination of the contract, the seller shall without undue delay refund the payment made under the contract.
- Prices of products are provided in PLN and EURO currency and are gross prices (including taxes required by law).
- The price presented at the time of order is binding.
- Delivery costs are not included in the price.
E. Terms and Means of payment
- The payment for the product purchased via distance sales channels shall be made by means of:
- cash on delivery - paid directly to a courier (applicable only to orders shipped within Poland);
- prior to delivery - bank transfer or payment with a credit or a debit card through Dotpay (Wielicka 72, 30-552 Cracow) payment system, which administers the personal data provided during payment process necessary to complete it; and
- prior to delivery - electronic payment through on-line PayPAL - administered by Paypal Polska Spółka z o.o. ul. E. Plater 53, 00-113, Warsaw.
- In case of payment before delivery the customer is obliged to make a payment within 7 days from receiving a notification of order, unless the parties to the contract agree otherwise.
- The seller has a right to refuse to fulfil orders, limit the method of payment or request prepayment.
- Shipping costs shall be covered by the customer, unless product description specifies otherwise.
- While filling in the order form, the customer selects and approves the means and costs of delivery.
- The seller cooperates with courier companies.
G. Claims and right to withdrawal in case of the customer that is not a consumer (refers to companies)
- The customer shall verify the completeness of delivered order with due diligence, directly upon its receipt. In the event he notices any quantity or quality defects etc. The customer should notify the seller immediately of this fact.
- Possible liability for damages of the seller towards the customer under any title is limited to actual losses on the part of the customer but up to the value of the ordered product, and exclude lost or anticipated benefits, costs of dismantling or recall of the product, loss of the reputation of the customer, etc.
- The right to withdrawal from the contract is cancelled.
H. The right to withdrawal of a consumer as a customer
- The Consumer has a period of 14 days (counted from the day on which the Consumer or a third party other than the courier and indicated by transfer of physical possession of the product to the Consumer), to withdraw from the contract and return the product without specifying a reason.
- The Consumer shall bear only the direct cost of returning the product.
- If the customer chooses a more expensive type of delivery than the cheapest standard delivery offered by the seller, the Consumer is entitled only to a refund of the cost of the cheaper delivery type. The seller can withhold repayment until the product is returned or the evidence that the product has been sent back, whichever come the earlier
- To withdraw from the contract, the Consumer must inform the seller of the decision to exercise his/her right to withdrawal using either the Withdrawal form (attachment No.1), or other communication method (e.g. e-mail), before the 14 days period expires. There is no requirement to provide a reason for the cancellation. In case of any dispute, it is the customer’s responsibility to prove the withdrawal process was carried out correctly.
- After receiving the notification regarding the request to withdraw from the Contract the seller will send email confirmation of cancellation of contract and verify the address for shipment of return.
- Unless the seller has offered to collect the product himself/herself, the Consumer shall send back the product to the seller or to a person authorised by the seller to receive the product, without undue delay and in any event not later than 14 days from the day of the communication of the withdrawal decision was sent.
- The Consumer shall only be liable for any diminished value of the product resulting from the handling of the product other than what is necessary to establish the nature, characteristics and functioning of the product.
- The seller shall reimburse all payments received from the Consumer, including, if applicable, the costs of delivery to the customer, without undue delay and in any event not later than 14 days from the day of the communication of the withdrawal decision was sent, using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has explicitly agreed otherwise and provided that the Consumer does not incur any fees as a result of such reimbursement.
- The seller may withhold the refund until the product is returned or consumer provides the evidence that the product has been sent back, whichever is the earliest.
- The seller does not accept any shipments, which require payment on delivery.
- The right of withdrawal is excluded in circumstances published in the Appendix No. 1 “Exceptions from the right of withdrawal".
I. The liability under the warranty and warranty services
- The seller is obliged to deliver a product, which is the subject of the contract - without the drawbacks.
- The seller is responsible for defects that had been present before the product had been handed over to the customer unless the defects were result of a different cause that had been present at that time. Warranty period: 2 years.
- The seller is released from the responsibility for warranty defects if the customer knew about the defect at the time of purchase.
- In case of defect or non-compliance of the delivered product with the contract, the Consumer has the right to submit a complaint.
- To fill a complaint, we recommend using a Complaint form (Appendix No. 3). Consumer can use any other form, as long as it describes the basis of the complaint and a request regarding the removal of faults. It has to be delivered electronically (e-mail) or by post to the address of the seller.
- The seller considers the complaint without undue delay. No later than within 14 calendar days from the date of receipt of the complaint the seller has to inform the Consumer in writing or electronically on the status of the complaint. Leaving a complaint without a response is equal to acknowledging it.
J. Processing and protection of personal data
- The seller is the Administrator of personal information collected through the online store.
- The Administrator submitted the application to the registry Chief Inspector for Personal Data Protection in Poland (GIODO) collection of personal data processed in connection with this online store.
- Any personal information provided during the order placement process is used solely for the purpose of forming, executing, amending or terminating the contract between the Seller (service provider) provider and the customer and is not shared with other institutions or third parties. Data acquisition and processing is carried out in accordance with the Act of 29 August 1997. Data Protection / Journal. Laws No. 133, item. 883, as amended.
- To fulfil the service contract is necessary for Consumer to provide the following information:
- e-mail; and
- telephone number.
- The Consumer has the right to access the data, correct it and demand its removal at any time.
K. Final provisions - legal information
- The contract - is formed in compliance with legal provisions applicable for the territory of Poland.
- The provisions of these Terms and conditions are not intended to exclude or limit any rights of Consumers in accordance to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on Consumer rights.
- All photos posted on the Website and descriptions are protected under the Act on Copyright and Related Rights – are of a creative character. They can't be copied without permission of the seller.
- In case of disputes related to the execution of the contract the parties will seek to resolve the dispute out-of-court in the mediation proceedings including an Alternative and Online Dispute Resolution (ADR/ODR). If the dispute is not settled amicably jurisdiction to resolve the dispute would be the Civilian Court.
L. Technical Conditions of Use
- The seller - in order to allow completion of a contract a the online store ensures:
- establishing and administering the Client account;
- processing the order of the product; and
- upon agreement – sending the Customer commercial information about products, promotions, etc. in a form of newsletter.
- Provision of electronic services in the above-mentioned range is free of charge.
- The contract for the electronic services provision involving the processing and administration of the Customer’s account at the online store is set for an indefinite period. The completion of the registration process is considered as the moment the contract enters into life.
- The contract for the electronic services provision which enables submitting the Order by filling out the order form is set for a definite period - the period of placing and processing of orders - and shall be terminated upon the order is delivered to the customer.
- The Consumer can withdraw from the contract for the service provision without giving a reason within 14 days from the conclusion of the contract - with the exception of the provision of the service that have started before the expiry of that period given the Consumer’s consent – submitting the form to withdraw from the contract to the seller:
- using an electronic Withdrawal form (Appendix No. 2); and
- by e-mail or in writing to the address of the seller (Service provider).
- In the terms of services for an indefinite period both parties have the right to terminate the contract:
- The Consumer can terminate the electronic services provision contract at any time by submitting a relevant declaration in electronic or written form to the e-mail or postal address of the seller. The seller shall immediately confirm the receipt of the declaration. The seller within 7 days of receiving the notice will delete the data records of protected personal data relating to the service and will stop providing the service.
- Customer and Service provider may terminate the contract for the provision of electronic services at any time with bilateral consent.
- Complaints will be dealt with as soon as possible, not later than within 14 days. No resolution of the complaint within this period results in automatic recognition of the complaint.
Appendix No. 1 Exceptions from the right of withdrawal
- service contracts after the service has been fully completed if the Consumer expressed his/her consent to start providing the service, and with the acknowledgement that he/she will lose his/her right of withdrawal once the contract has been completed by the seller;
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the seller and which may occur within the withdrawal period;
- the supply of goods made to the Consumer’s specifications or clearly personalised;
- the supply of goods which are, after delivery, according to their nature, inseparably connected with other items; and
- contracts concluded at a public auction.
Appendix No. 2 – “Withdrawal form”
Appendix No. 3 – “Complaint form”
Last update date: 10.05.2018