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TERMS & CONDITIONS

The Online Shop www.swingfashion.pl cares about consumer rights. The consumer may not waive the rights conferred on them by the Consumer Rights Act. The conditions of the agreements less favourable to the consumer than those of the Consumer Rights Act shall be void and, in their place, the conditions of the Consumer Rights Act shall be in effect. Therefore, the Terms and Conditions herein are not intended to exclude or limit any consumer rights conferred on the consumer by the mandatory provisions of the law, and if any doubts arise the agreement must be settled in favour of the consumer. In case of any inconsistencies between these Terms and Conditions and the above laws, priority is given to these laws and these shall be applied.

 

§1. General provisions

1. The Online Shop operating at the Internet address www.swingfashion.pl is run by Katarzyna Rupińska who conducts business as SWING KATARZYNA RUPIŃSKA (business address: ul. Przemysłowa 24, 18-305 Szumowoshop@swingfashion.pl, tax identification number (NIP): 7231608395, REGON: 200878423). This enterprise is entered in the Central Registration and Information on Business.

 

2. These Terms and Conditions apply to both consumers and entrepreneurs (except §9 of these Terms and Conditions, which is addressed only to entrepreneurs).

 

  1. The administrator of personal data processed in connection with the implementation of these Terms and Conditions is the Service Provider. Personal data is processed based on the principles and for the purposes outlined in the Privacy Policy of the Online Shop. Providing personal data is voluntary. Any person whose personal data the service provider processes has the right to ask for their content and the right to update and amend it.

 

4. GLOSSARY:

 

1) WORKING DAY - a weekday from Monday to Friday, excluding public holidays;

2) REGISTRATION FORM - a form available in the Online Shop used to create an Account;

3) ORDER FORM - an Electronic Service, an interactive form available in the Online Shop that allows submission of orders, especially by adding Products to the electronic shopping cart and by establishing the conditions of the Sales Agreement, including the method of delivery and payment;

4) CUSTOMER - (1) a natural person with full legal capacity; (2) a legal person; or (3) an organizational unit lacking legal personality, which is recognized under the law as having legal capacity; - who or that has concluded or intends to conclude a Sales Agreement with the Seller;

5) THE CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No 16, pos. 93, as amended);

6) ACCOUNT - an Electronic Service, identified by its individual username and password provided by the Customer, a collection of resources in Service Provider’s the ICT system, which collects data provided by the Customer and information about the purchases made by them in the Online Shop

7) NEWSLETTER - an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail that allows all users of the service to automatically receive content (from the Service Provider) cyclically in the form of subsequent editions of the newsletter containing information about products, new arrivals and sales in the Online Shop;

8) PRODUCT - a movable item offered by the Seller via the Online Shop which constitutes the object of the Sales Agreement between the Customer and Seller;

9) TERMS AND CONDITIONS - the Terms and Conditions of the Online Shop contained herein;

10) INTERNET/ONLINE SHOP - the Service Provider’s Online Shop www.swingfashion.pl;

11) SELLER, SERVICE PROVIDER - Katarzyna Rupińska who conducts business as SWING KATARZYNA RUPIŃSKA (business address: ul. Przemysłowa 24, 18-305 Szumowo, shop@swingfashion.pl, tax identification number (NIP): 7231608395, REGON: 200878423). This enterprise is entered in the Central Registration and Information on Business;

12) SALES AGREEMENT - a contract of sale transacted between the Customer and Seller via the Online Shop;

13) ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Shop;

14) SERVICE RECIPIENT - (1) a natural person with full legal capacity; (2) a legal person; or (3) an organizational unit lacking legal personality, which is recognized under the law as having legal capacity; - who or that has concluded or intends to conclude a Sales Agreement with the Seller;

15) CONSUMER RIGHTS ACT - the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended);

16) ORDER - a Customer’s declaration of intent submitted using the Order Form, aimed directly at entering into a Sales Agreement with the Seller.

 

 

§2. ELECTRONIC SERVICES

1. The Online Shop offers the following Services: an Account, an Order Form and a Newsletter:

 

1) Account - the Customer can use the account after carrying out a total of these following steps - (1) filling in the registration form; (2) after having acquainted with Terms and Conditions, checking the box “I accept Terms and Conditions. I agree to receiving information in accordance with the Act on the Rendering of Electronic Services (Journal of Laws 2002, No 144, pos.1204, as amended); (3) clicking on the button labeled “Register”; (4) confirming the willingness to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided by the Customer. When completing the Registration Form the Service Recipients are required to provide the following information: e-mail address, password.

 

The Electronic Account Service is provided free of charge for an indefinite period. The Customer has the ability, at any time and for any reason, to remove an Account by sending the appropriate request to the Service Provider (via e-mail to the shop@swingfashion.pl);

 

2) Order Form - a Customer can place Orders 24 hours a day via www.swingfashion.pl. The use of the Order Form begins when a Customer adds a Product to the electronic cart in the Online Shop. An Order is submitted when the Customer carries out the following steps - (1) completing the Order Form, (2) clicking on the button labeled “Summary”, (3) clicking on the button labeled “I order with obligation to pay” - up to this point it is possible to modify manually entered data (follow the displayed messages and information available on the website). The Customer is obliged to provide the following customer data in the Order Form: name, telephone number, e-mail address, address (street, house number, postcode, city, country) and information concerning the Sales Agreement: Product/Products the number of Products, place and manner of delivery of the Product/Products, method of payment. The Customers who are not consumers are also obliged to provide the company name and TIN (tax identification number).

 

The Electronic Service Order Form is provided free of charge, of a one-off nature and terminated at the time the Order is placed or when the Customer terminates the Order before completion;

 

3) Newsletter - the Customer can subscribe to the Newsletter by carrying out the following steps: (1) providing e-mail address under the “Subscribe to the Newsletter” tab displayed on the website of the Internet Shop; (2) clicking on the button labeled “Subscribe”.

 

The Electronic Service Newsletter is provided free of charge for an indefinite period of time. The Service Recipient has the ability, at any time and without giving any reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via shop@swingfashion.pl;

 

2. Technical requirements necessary for the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox 17.0 or higher, Internet Explorer 10.0 or higher, Opera 12.0 or higher, Google Chrome 23.0 or higher, Safari 5.0 or higher, Microsoft Edge 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabled cookies and Javascript in the Internet browser.

 

3. Complaints related to the provision of Electronic Services may be submitted:

1) in writing to the address: przemysłowa 24, 18-305 Szumowo;

2) in electronic form via e-mail to the address (shop@swingfashion.pl,):.

 

  1. It is highly recommended to include in the description of the complaint: (1) information and circumstances relating to the subject matter of the complaint; (2) the e-mail address provided when registering Account or placing an Order; (3) contact details of the Customer who files the complaint. The abovementioned requirements are only recommendations and do not affect the effectiveness of the complaint with the omission the recommended description of the complaint. The Service Provider shall respond to the complaint immediately, not later than within 14 days from the date of its submission.

 

5. The Service Recipient is obliged to use the Internet Shop in a manner consistent with the law and morality, respecting the personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data in line with the actual situation. The Service Recipient is prohibited from providing illegal content.

 

§3. CONDITIONS OF SALES AGREEMENTS

1. In accordance with the law, the Customer and the Seller enter into a Sales Agreement when the Customer places an Order by filling in the Order Form via the Online Shop in accordance with §2 ust 1 pkt.2 of the Terms and Conditions and the Internet Shop confirms the order.

 

2. The Internet Shop accepts the order by sending to the Customer, via electronic mail on a durable medium to the e-mail address provided by the Customer (an Order confirmation).

 

 

3. TheProduct price displayed on the Online Shop is given in Euro (EUR) and includes VAT. That price does not include cost of delivery. The total price including the taxes of the Product being the subject of the Order, as well as the delivery costs (including transport, delivery and postal services fees), and if the amount cannot be determined - the obligation to pay them, is displayed on the website of the Online Shop during the Order submission process, when the Customer expresses his or her will to be bound by the Sales Agreement.

 

4. Procedure for concluding the Sales Agreement at the Internet Shop using the Order Form:

1) conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order in the Online Shop in accordance with clause 2 sub clause 1 par.2 of the Terms and Conditions;

2) after placing the Order, the Seller confirms receipt of the Order and at the same time accepts the Order for execution by sending an e-mail to the e-mail address provided by the Customer. This e-mail contains at least the Seller’s statement of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail, the Customer and the Seller enter into a Sales Agreement.

 

§4. METHODS AND TERMS OF PAYMENT

 

1. The Seller accepts the following methods of payment:

1) traditional bank transfer to the Seller’s bank account:

76 1020 1332 0000 1002 0915 4560

Bank: PKO BP

Swing Katarzyna Rupińska

Payment title: Order number

2) electronic payments and payments using payment card via services:

a) PayU.pl

b) Dotpay.pl

c) PayPal.com

Current payment methods are specified on the Online Shop website under the tab “Methods of payment” and on the websites: www.payu.pl, www.dotpay.pl, www.paypal.com;

3) in cash, in the event of choosing “cash on delivery” payment method or in-store pickup.

 

 

 

2. Payment deadline:

1) bank transfer payments, electronic payments and credit card payments shall be made within 7 days from the date of conclusion of the Sales Agreement

2) in the event of in-store pickup or “cash on delivery” payment method, immediately upon delivery or in-store pickup.

 

§5. COSTS, METHODS, TIME OF DELIVERY OR IN-STORE PICKUP

 

1. Delivery of ordered Products is executed on the territory of the Republic of Poland and other countries in the World, i.e.: Belarus, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia Lithuania, Luxembourg, Malta, Monaco, Norway, Portugal, Slovakia, Slovenia, Sweden, Switzerland, Ukraine, the United Kingdom.

 

2. Deliveryof the Product to the Customer is payable unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are specified on the Online Shop website under the tab “Cost of delivery” and are indicated to the Customer during the submission of the Order, including when the Customer expresses his or her will to be bound by the Sales Agreement.

 

3. The Seller shall provide the Customer with the following methods of delivery or receipt of the Product:

1) on the territory of the Republic of Poland:

a) courier shipment through DPD (the courier company) 15 PLN;

b) cash on delivery shipment through DPD (the courier company) 20 PLN;

c) in-store pickup at: Butik Swing w Galerii Alfa (Białystok), Butik Swing w Galerii Bursztynowej (Ostrołęka), Butik Swing Royal Wilanów (Warszawa), Butik Swing w Centrum Skorosze (Warszawa). In-store pickup is free of charge;

2) outside the territory of the Republic of Poland: courier shipment through a courier company 65 PLN.

 

4. The delivery date of the Product on the territory of the Republic of Poland is up to 7 Working Days, outside the territory of the Republic of Poland is up to 10 Working Days.

 

The delivery date does not apply to the Products with the following status: “custom-made”. In such cases, the deadline is set individually. For Products with different delivery dates, the delivery limit is the longest one, however this delivery limit cannot exceed 30 Working Days.

 

5. The delivery time of the Product to the Customer begins as follows:

1) in the event of payment by a bank transfer, by credit card or electronic payments - from the date when the bank account of the Seller is credited;

2) in the event of in-store pickup or “cash on delivery” payment - from the date of concluding the Sales Agreement.

 

 

 

§6. COMPLAINTS (REPORTING DEFECTS OF A SOLD PRODUCT)

 

1. The legal basis and the scope of the Seller’s responsibility to the Consumer (a natural person who purchases the Product for non-business purposes) under the regulations concerning the liability for physical and legal defects are defined, in particular, by the Civil Code (Art.556-Art.576).

 

2. The Seller is obliged to provide the Consumer a Product without defects.

  1. A complaint may be file, for example:

1) in writing to the following address: Swing Katarzyna Rupińska, ul. Składkowskiego 4, 02-495 Warszawa;

2) via e-mail to the following address shop@swingfashion.pl,.

 

4. It is strongly recommended to include the following information in a description of the complaint:

1) information and circumstances related to the subject of the complaint, in particular the nature and date of the defect;

2) preferred manner of removal of the defect;

3) contact details of the Consumer who files the complaint.

 

Along with the submitting the complaint, proof of purchase of the Product must be also

given to the Seller. This may be, for example, the receipt, a copy of the receipt, a payment

record or any other proof.

 

5. The Seller shall respond to the Consumer’s complaint within 14 days at the latest. If the Seller fails to meet the deadline, the complaint is deemed to be justified.

 

6. The Consumer who exercises the rights under warranty is obliged, at the Seller’s expense, to deliver the defective Product to the address: Swing Katarzyna Rupińska, ul. Składkowskiego 4, 02-495 Warszawa. If, due to the nature of the Product or the way it was installed, the delivery of the Product would be significantly difficult, the Consumer is obliged to make the Product available to the Seller at the place where the Product is located.

 

§7. NON-JUDICIAL WAYS OF REVIEWING COMPLAINTS AND ACCESS TO THESE PROCEDURES

 

1. Detailed information on the possibility of using non-judicial means of dealing with complaints by the Consumer and rules on access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

 

2. Examples of non-judicial means of dealing with complaints that can be used by a Consumer:

1) a request for settlement of a dispute to the Permanent Consumer Arbitration Court (more information at: http://www.spsk.wiih.org.pl);

2) an application to the provincial inspector of the Trade Inspection for a mediation and amicable settlement of a dispute between the Consumer and the Seller;

3) free help of the municipal or district ombudsman;

4) a complaint via the ODR platform: http://ec.europa.eu/consumers/odr.

 

§8. RIGHT OF THE WITHDRAWAL FROM THE SALES AGREEMENT

 

1. A Consumer who entered into a Sales Agreement at a distance may withdraw from this agreement within 14 days without stating any reason and at no cost, except for the costs specified in §8 ust 8. In order to meet the deadline, it is sufficient to send a notification before the end of the withdrawal period. The notification of the withdrawal may be submitted for example:

1) in writing to the address: Swing Katarzyna Rupińska, ul. Składkowskiego 4, 02-495 Warszawa;

2) in electronic form via e-mail to the address:

 

2. A template of a withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in § of the Terms and Conditions and on the website of the Online Shop in the tab. The Consumer may use this template, but it is not obligatory.

3. The withdrawal period starts:

1) in case of a contract in the execution of which the Seller releases the Product and is obliged to transfer its ownership (e.g. Sales Agreement) - from the moment when the Consumer or a third party designated by him, other than carrier, comes into possession of the Product, and in case of an agreement which: (1) covers many Products which are delivered separately, in batches or in parts - from the moment when the Consumer comes into possession of the last Product of it; (2) consists of a regular supply of Products for a fixed period of time - when the Consumer comes into possession of the first Product;

2) for other contracts - from the date of the contract conclusion.

 

4. In case of withdrawal from the Sales Agreement concluded at a distance, the Sales Agreement is deemed non-concluded.

 

5. The Seller is obliged to, immediately but no later than within 14 days from the date of receiving of the Consumer’s withdrawal notification, return to the Consumer all payments made by him, including delivery costs of the Product (except the additional cost of the delivery method other than the cheapest delivery method offered by the Seller chosen by the Consumer). The Seller returns the payment using the same method of payment, which the Consumer used, unless the Consumer has expressly agreed to another way of reimbursement, which does not involve him at all costs. If the Seller has not offered to receive the Product himself from the Consumer, he may refrain from reimbursing payments received from the Consumer until the Product is returned or the Consumer provides proof of the return, whichever is the earlier.

 

6. The Consumer is obliged to, immediately but no later than within 14 days from the date of informing the Seller about withdrawing from the agreement, return Product to the Seller or transfer it to a person authorized by the Seller for receipt, unless the Seller has offered to receive the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address: Swing Katarzyna Rupińska, ul. Składkowskiego 4, 02-495 Warszawa.

 

7. The Consumer is liable for a decrease in the value of the product resulting from using the product in a way other than necessary to determine the nature, qualities and functioning of the product.

 

8. Possible costs related to the withdrawal from the contract by the Consumer and which the Consumer is obliged to pay:

1) additional cost of the delivery method, if the Consumer has chosen other than cheapest delivery method offered by the Seller;

2) the Consumer bears the direct cost of returning the Product.

 

9. The right to withdraw from a Sales Agreement concluded at a distance is not available to the Consumer in relation to agreements:

1) provision of services, if the Seller performed the full service with the Consumer’s express consent, and the Consumer, before the start of the service, was informed that upon the Seller’s performance, he or she loses his or her right of withdrawal;

2) where price or remuneration depends on fluctuations on the financial market, of which the Seller has no control, and which may occur before the expiration of the withdrawal period;

3) where the subject of the provision is a non-prefabricated product, manufactured according to the specifications of the Consumer or to satisfy his or her personalized needs;

4) where the subject of provision is a perishable Product or a Product with a short shelf life;

5) where the Product is supplied in a sealed package which cannot be returned for health or hygiene reasons after opening the package, if the packaging has been opened after delivery;

6) where supplied Products, after the delivery, are, by their nature, inseparably linked to other things;

7) where the subject of the provision are alcoholic beverages whose price was agreed upon the conclusion of the Sales Agreement, and whose delivery may take place only after 30 and whose value depend on fluctuations on the financial market over which the Seller has no control;

8) where the Consumer expressly requested that the Seller should come to him/her for the purpose of making an urgent repair or maintenance;

9) where the subject of the provision is sound or visual recordings or software delivered in a sealed packaging if the packaging has been opened after its delivery;

10) for providing newspapers, periodicals or magazines, except for a subscription agreement;

11) concluded in a public auction;

12) for providing accommodation services, other than for the purposes of residence, carriage of goods, rental of cars, catering services, leisure, entertainment, sports or cultural events if the agreement contains a specified date or period of provision of such service;

13) for providing digital content that is not recorded on a durable media, if the provision of performance started with the Consumer’s express consent prior to the expiration of the withdrawal period and after informing him or her by the Seller of the loss of the right of withdrawal.

 

§9. PROVISIONS CONCERNING ENTREPRENEURS

 

1. This item of the Terms and Conditions and the provisions contained therein apply only to entrepreneurs (non-consumer Customers and Service Recipients).

 

2. The Seller is entitled to withdraw from the Sales Agreement concluded with a non-consumer Customer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not generate any non-consumer Customer claims against the Seller.

 

3. In case of non-consumer Customers, the Seller is entitled to limit the available payment methods, including requirement to prepay in whole or in part, irrespective of the method of payment chosen by the non-consumer Customer and the conclusion of the Sales Agreement.

 

4. Upon the Product delivery by the Seller to the carrier, all the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the non-consumer Customer. In such case, the Seller shall not be liable for loss, shortage or damage of the Product arising from the moment of its acceptance for transportation until delivery to the Customer and for delay in the transportation of the

 

  1. When sending the Product to the Customer by a carrier-service, the non-consumer Customer is obliged to examine the shipment in time and in a manner adopted for consignments of this kind. If he or she finds that there has been a defect or damage to the Product during the transportation, they are obliged to take all necessary steps to determine the liability of the carrier.

 

6. According to art. 558 § 1 of the Civil Code, the liability of the Seller for the Product under the implied warranty for the Product for a non-consumer Customer is excluded.

 

7. In case of non-consumer Users, the Service Provider may terminate the Service Agreement with immediate effect and without stating the reasons by sending to a non-consumer User a relevant statement.

 

8. The Service Provider/Seller’s liability to a non-consumer Customer/Client, regardless of its legal basis, is limited, both within a single claim and for any claim in total, up to the price paid and delivery costs under the Sales Agreement, but no more than up to one thousand zlotys. The Service Provider/Seller is liable to the non-consumer Customer/Client for typical damages only at the time of conclusion of the contract and shall not be liable for lost profits to the non-consumer Customer/Client. Any disputes between the Service Provider/Seller and the non-consumer Customer/Client shall be submitted to the competent court for the location of the Service Provider/Seller.

 

§10. FINAL PROVISIONS

 

1. Agreements concluded by the Seller through the Online Shop are concluded in Polish.

 

2. Amendment of the Terms and Conditions:

1) the Seller reserves the right to amend the present Terms and Conditions for important reasons, for example: due to the amendment to legal regulations, due to the change of methods of delivery, due to the change of terms of payment;

2) in case of concluding on the basis of these Terms and Conditions continuous contracts (e.g. providing Electronic Service - Account) the amended regulations are binding for the Service Receiver, if the requirements specified in Art. 384 and 384 [1] of the Civil Code, that is, the Customer has been properly notified of the changes and does not terminate the agreement within 14 days from the date of notification. If the amendments to the Terms and Conditions result in the introduction of any new fees or increasing the present fees, the Customer may withdraw from the contract;

3) no amendments to these Terms and Conditions can violate the rights acquired by the Customers who are consumers before the effective date of such amendments, in particular, the amendments of these Terms and Conditions shall not affect any Orders being submitted or already submitted.

 

3. In any matters not regulated in these Terms and Conditions, Polish law will apply, in particular:

1) the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No 16, pos. 93, as amended);

2) the Act on the Rendering of Electronic Services (Journal of Laws 2002, No 144, pos.1204, as amended);

3) the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

 

§11. TEMPLATE OF A FORM OF WITHDRAWAL FROM THE AGREEMENT (APPENDIX No.2 OF ACT ON CONSUMER RIGHTS)

Template of a form of withdrawal from the agreement

(It is necessary to complete and return only if you wish to withdraw from the agreement)

 

- Addressee:

Swing Katarzyna Rupińska

ul. Składkowskiego 4, 02-495 Warszawa

(

The Online Shop www.swingfashion.pl cares about consumer rights. The consumer may not waive the rights conferred on them by the Consumer Rights Act. The conditions of the agreements less favourable to the consumer than those of the Consumer Rights Act shall be void and, in their place, the conditions of the Consumer Rights Act shall be in effect. Therefore, the Terms and Conditions herein are not intended to exclude or limit any consumer rights conferred on the consumer by the mandatory provisions of the law, and if any doubts arise the agreement must be settled in favour of the consumer. In case of any inconsistencies between these Terms and Conditions and the above laws, priority is given to these laws and these shall be applied.

 

§1. General provisions

1. The Online Shop operating at the Internet address www.swingfashion.pl is run by Katarzyna Rupińska who conducts business as SWING KATARZYNA RUPIŃSKA (business address: ul. Przemysłowa 24, 18-305 Szumowoshop@swingfashion.pl, tax identification number (NIP): 7231608395, REGON: 200878423). This enterprise is entered in the Central Registration and Information on Business.

 

2. These Terms and Conditions apply to both consumers and entrepreneurs (except §9 of these Terms and Conditions, which is addressed only to entrepreneurs).

 

  1. The administrator of personal data processed in connection with the implementation of these Terms and Conditions is the Service Provider. Personal data is processed based on the principles and for the purposes outlined in the Privacy Policy of the Online Shop. Providing personal data is voluntary. Any person whose personal data the service provider processes has the right to ask for their content and the right to update and amend it.

 

4. GLOSSARY:

 

1) WORKING DAY - a weekday from Monday to Friday, excluding public holidays;

2) REGISTRATION FORM - a form available in the Online Shop used to create an Account;

3) ORDER FORM - an Electronic Service, an interactive form available in the Online Shop that allows submission of orders, especially by adding Products to the electronic shopping cart and by establishing the conditions of the Sales Agreement, including the method of delivery and payment;

4) CUSTOMER - (1) a natural person with full legal capacity; (2) a legal person; or (3) an organizational unit lacking legal personality, which is recognized under the law as having legal capacity; - who or that has concluded or intends to conclude a Sales Agreement with the Seller;

5) THE CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No 16, pos. 93, as amended);

6) ACCOUNT - an Electronic Service, identified by its individual username and password provided by the Customer, a collection of resources in Service Provider’s the ICT system, which collects data provided by the Customer and information about the purchases made by them in the Online Shop

7) NEWSLETTER - an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail that allows all users of the service to automatically receive content (from the Service Provider) cyclically in the form of subsequent editions of the newsletter containing information about products, new arrivals and sales in the Online Shop;

8) PRODUCT - a movable item offered by the Seller via the Online Shop which constitutes the object of the Sales Agreement between the Customer and Seller;

9) TERMS AND CONDITIONS - the Terms and Conditions of the Online Shop contained herein;

10) INTERNET/ONLINE SHOP - the Service Provider’s Online Shop www.swingfashion.pl;

11) SELLER, SERVICE PROVIDER - Katarzyna Rupińska who conducts business as SWING KATARZYNA RUPIŃSKA (business address: ul. Przemysłowa 24, 18-305 Szumowo, shop@swingfashion.pl, tax identification number (NIP): 7231608395, REGON: 200878423). This enterprise is entered in the Central Registration and Information on Business;

12) SALES AGREEMENT - a contract of sale transacted between the Customer and Seller via the Online Shop;

13) ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Shop;

14) SERVICE RECIPIENT - (1) a natural person with full legal capacity; (2) a legal person; or (3) an organizational unit lacking legal personality, which is recognized under the law as having legal capacity; - who or that has concluded or intends to conclude a Sales Agreement with the Seller;

15) CONSUMER RIGHTS ACT - the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended);

16) ORDER - a Customer’s declaration of intent submitted using the Order Form, aimed directly at entering into a Sales Agreement with the Seller.

 

 

§2. ELECTRONIC SERVICES

1. The Online Shop offers the following Services: an Account, an Order Form and a Newsletter:

 

1) Account - the Customer can use the account after carrying out a total of these following steps - (1) filling in the registration form; (2) after having acquainted with Terms and Conditions, checking the box “I accept Terms and Conditions. I agree to receiving information in accordance with the Act on the Rendering of Electronic Services (Journal of Laws 2002, No 144, pos.1204, as amended); (3) clicking on the button labeled “Register”; (4) confirming the willingness to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided by the Customer. When completing the Registration Form the Service Recipients are required to provide the following information: e-mail address, password.

 

The Electronic Account Service is provided free of charge for an indefinite period. The Customer has the ability, at any time and for any reason, to remove an Account by sending the appropriate request to the Service Provider (via e-mail to the shop@swingfashion.pl);

 

2) Order Form - a Customer can place Orders 24 hours a day via www.swingfashion.pl. The use of the Order Form begins when a Customer adds a Product to the electronic cart in the Online Shop. An Order is submitted when the Customer carries out the following steps - (1) completing the Order Form, (2) clicking on the button labeled “Summary”, (3) clicking on the button labeled “I order with obligation to pay” - up to this point it is possible to modify manually entered data (follow the displayed messages and information available on the website). The Customer is obliged to provide the following customer data in the Order Form: name, telephone number, e-mail address, address (street, house number, postcode, city, country) and information concerning the Sales Agreement: Product/Products the number of Products, place and manner of delivery of the Product/Products, method of payment. The Customers who are not consumers are also obliged to provide the company name and TIN (tax identification number).

 

The Electronic Service Order Form is provided free of charge, of a one-off nature and terminated at the time the Order is placed or when the Customer terminates the Order before completion;

 

3) Newsletter - the Customer can subscribe to the Newsletter by carrying out the following steps: (1) providing e-mail address under the “Subscribe to the Newsletter” tab displayed on the website of the Internet Shop; (2) clicking on the button labeled “Subscribe”.

 

The Electronic Service Newsletter is provided free of charge for an indefinite period of time. The Service Recipient has the ability, at any time and without giving any reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via shop@swingfashion.pl;

 

2. Technical requirements necessary for the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox 17.0 or higher, Internet Explorer 10.0 or higher, Opera 12.0 or higher, Google Chrome 23.0 or higher, Safari 5.0 or higher, Microsoft Edge 25.10586.0.0 or higher; (4) recommended minimum screen resolution: 1024x768; (5) enabled cookies and Javascript in the Internet browser.

 

3. Complaints related to the provision of Electronic Services may be submitted:

1) in writing to the address: przemysłowa 24, 18-305 Szumowo;

2) in electronic form via e-mail to the address (shop@swingfashion.pl,):.

 

  1. It is highly recommended to include in the description of the complaint: (1) information and circumstances relating to the subject matter of the complaint; (2) the e-mail address provided when registering Account or placing an Order; (3) contact details of the Customer who files the complaint. The abovementioned requirements are only recommendations and do not affect the effectiveness of the complaint with the omission the recommended description of the complaint. The Service Provider shall respond to the complaint immediately, not later than within 14 days from the date of its submission.

 

5. The Service Recipient is obliged to use the Internet Shop in a manner consistent with the law and morality, respecting the personal rights, copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data in line with the actual situation. The Service Recipient is prohibited from providing illegal content.

 

§3. CONDITIONS OF SALES AGREEMENTS

1. In accordance with the law, the Customer and the Seller enter into a Sales Agreement when the Customer places an Order by filling in the Order Form via the Online Shop in accordance with §2 ust 1 pkt.2 of the Terms and Conditions and the Internet Shop confirms the order.

 

2. The Internet Shop accepts the order by sending to the Customer, via electronic mail on a durable medium to the e-mail address provided by the Customer (an Order confirmation).

 

 

3. TheProduct price displayed on the Online Shop is given in Euro (EUR) and includes VAT. That price does not include cost of delivery. The total price including the taxes of the Product being the subject of the Order, as well as the delivery costs (including transport, delivery and postal services fees), and if the amount cannot be determined - the obligation to pay them, is displayed on the website of the Online Shop during the Order submission process, when the Customer expresses his or her will to be bound by the Sales Agreement.

 

4. Procedure for concluding the Sales Agreement at the Internet Shop using the Order Form:

1) conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed the Order in the Online Shop in accordance with clause 2 sub clause 1 par.2 of the Terms and Conditions;

2) after placing the Order, the Seller confirms receipt of the Order and at the same time accepts the Order for execution by sending an e-mail to the e-mail address provided by the Customer. This e-mail contains at least the Seller’s statement of receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail, the Customer and the Seller enter into a Sales Agreement.

 

§4. METHODS AND TERMS OF PAYMENT

 

1. The Seller accepts the following methods of payment:

1) traditional bank transfer to the Seller’s bank account:

76 1020 1332 0000 1002 0915 4560

Bank: PKO BP

Swing Katarzyna Rupińska

Payment title: Order number

2) electronic payments and payments using payment card via services:

a) PayU.pl

b) Dotpay.pl

c) PayPal.com

Current payment methods are specified on the Online Shop website under the tab “Methods of payment” and on the websites: www.payu.pl, www.dotpay.pl, www.paypal.com;

3) in cash, in the event of choosing “cash on delivery” payment method or in-store pickup.

 

 

 

2. Payment deadline:

1) bank transfer payments, electronic payments and credit card payments shall be made within 7 days from the date of conclusion of the Sales Agreement

2) in the event of in-store pickup or “cash on delivery” payment method, immediately upon delivery or in-store pickup.

 

§5. COSTS, METHODS, TIME OF DELIVERY OR IN-STORE PICKUP

 

1. Delivery of ordered Products is executed on the territory of the Republic of Poland and other countries in the World, i.e.: Belarus, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia Lithuania, Luxembourg, Malta, Monaco, Norway, Portugal, Slovakia, Slovenia, Sweden, Switzerland, Ukraine, the United Kingdom.

 

2. Deliveryof the Product to the Customer is payable unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are specified on the Online Shop website under the tab “Cost of delivery” and are indicated to the Customer during the submission of the Order, including when the Customer expresses his or her will to be bound by the Sales Agreement.

 

3. The Seller shall provide the Customer with the following methods of delivery or receipt of the Product:

1) on the territory of the Republic of Poland:

a) courier shipment through DPD (the courier company) 15 PLN;

b) cash on delivery shipment through DPD (the courier company) 20 PLN;

c) in-store pickup at: Butik Swing w Galerii Alfa (Białystok), Butik Swing w Galerii Bursztynowej (Ostrołęka), Butik Swing Royal Wilanów (Warszawa), Butik Swing w Centrum Skorosze (Warszawa). In-store pickup is free of charge;

2) outside the territory of the Republic of Poland: courier shipment through a courier company 65 PLN.

 

4. The delivery date of the Product on the territory of the Republic of Poland is up to 7 Working Days, outside the territory of the Republic of Poland is up to 10 Working Days.

 

The delivery date does not apply to the Products with the following status: “custom-made”. In such cases, the deadline is set individually. For Products with different delivery dates, the delivery limit is the longest one, however this delivery limit cannot exceed 30 Working Days.

 

5. The delivery time of the Product to the Customer begins as follows:

1) in the event of payment by a bank transfer, by credit card or electronic payments - from the date when the bank account of the Seller is credited;

2) in the event of in-store pickup or “cash on delivery” payment - from the date of concluding the Sales Agreement.

 

 

 

§6. COMPLAINTS (REPORTING DEFECTS OF A SOLD PRODUCT)

 

1. The legal basis and the scope of the Seller’s responsibility to the Consumer (a natural person who purchases the Product for non-business purposes) under the regulations concerning the liability for physical and legal defects are defined, in particular, by the Civil Code (Art.556-Art.576).

 

2. The Seller is obliged to provide the Consumer a Product without defects.

  1. A complaint may be file, for example:

1) in writing to the following address: Swing Katarzyna Rupińska, ul. Składkowskiego 4, 02-495 Warszawa;

2) via e-mail to the following address shop@swingfashion.pl,.

 

4. It is strongly recommended to include the following information in a description of the complaint:

1) information and circumstances related to the subject of the complaint, in particular the nature and date of the defect;

2) preferred manner of removal of the defect;

3) contact details of the Consumer who files the complaint.

 

Along with the submitting the complaint, proof of purchase of the Product must be also

given to the Seller. This may be, for example, the receipt, a copy of the receipt, a payment

record or any other proof.

 

5. The Seller shall respond to the Consumer’s complaint within 14 days at the latest. If the Seller fails to meet the deadline, the complaint is deemed to be justified.

 

6. The Consumer who exercises the rights under warranty is obliged, at the Seller’s expense, to deliver the defective Product to the address: Swing Katarzyna Rupińska, ul. Składkowskiego 4, 02-495 Warszawa. If, due to the nature of the Product or the way it was installed, the delivery of the Product would be significantly difficult, the Consumer is obliged to make the Product available to the Seller at the place where the Product is located.

 

§7. NON-JUDICIAL WAYS OF REVIEWING COMPLAINTS AND ACCESS TO THESE PROCEDURES

 

1. Detailed information on the possibility of using non-judicial means of dealing with complaints by the Consumer and rules on access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

 

2. Examples of non-judicial means of dealing with complaints that can be used by a Consumer:

1) a request for settlement of a dispute to the Permanent Consumer Arbitration Court (more information at: http://www.spsk.wiih.org.pl);

2) an application to the provincial inspector of the Trade Inspection for a mediation and amicable settlement of a dispute between the Consumer and the Seller;

3) free help of the municipal or district ombudsman;

4) a complaint via the ODR platform: http://ec.europa.eu/consumers/odr.

 

§8. RIGHT OF THE WITHDRAWAL FROM THE SALES AGREEMENT

 

1. A Consumer who entered into a Sales Agreement at a distance may withdraw from this agreement within 14 days without stating any reason and at no cost, except for the costs specified in §8 ust 8. In order to meet the deadline, it is sufficient to send a notification before the end of the withdrawal period. The notification of the withdrawal may be submitted for example:

1) in writing to the address: Swing Katarzyna Rupińska, ul. Składkowskiego 4, 02-495 Warszawa;

2) in electronic form via e-mail to the address:

 

2. A template of a withdrawal form is included in Appendix 2 to the Consumer Rights Act and is additionally available in § of the Terms and Conditions and on the website of the Online Shop in the tab. The Consumer may use this template, but it is not obligatory.

3. The withdrawal period starts:

1) in case of a contract in the execution of which the Seller releases the Product and is obliged to transfer its ownership (e.g. Sales Agreement) - from the moment when the Consumer or a third party designated by him, other than carrier, comes into possession of the Product, and in case of an agreement which: (1) covers many Products which are delivered separately, in batches or in parts - from the moment when the Consumer comes into possession of the last Product of it; (2) consists of a regular supply of Products for a fixed period of time - when the Consumer comes into possession of the first Product;

2) for other contracts - from the date of the contract conclusion.

 

4. In case of withdrawal from the Sales Agreement concluded at a distance, the Sales Agreement is deemed non-concluded.

 

5. The Seller is obliged to, immediately but no later than within 14 days from the date of receiving of the Consumer’s withdrawal notification, return to the Consumer all payments made by him, including delivery costs of the Product (except the additional cost of the delivery method other than the cheapest delivery method offered by the Seller chosen by the Consumer). The Seller returns the payment using the same method of payment, which the Consumer used, unless the Consumer has expressly agreed to another way of reimbursement, which does not involve him at all costs. If the Seller has not offered to receive the Product himself from the Consumer, he may refrain from reimbursing payments received from the Consumer until the Product is returned or the Consumer provides proof of the return, whichever is the earlier.

 

6. The Consumer is obliged to, immediately but no later than within 14 days from the date of informing the Seller about withdrawing from the agreement, return Product to the Seller or transfer it to a person authorized by the Seller for receipt, unless the Seller has offered to receive the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the following address: Swing Katarzyna Rupińska, ul. Składkowskiego 4, 02-495 Warszawa.

 

7. The Consumer is liable for a decrease in the value of the product resulting from using the product in a way other than necessary to determine the nature, qualities and functioning of the product.

 

8. Possible costs related to the withdrawal from the contract by the Consumer and which the Consumer is obliged to pay:

1) additional cost of the delivery method, if the Consumer has chosen other than cheapest delivery method offered by the Seller;

2) the Consumer bears the direct cost of returning the Product.

 

9. The right to withdraw from a Sales Agreement concluded at a distance is not available to the Consumer in relation to agreements:

1) provision of services, if the Seller performed the full service with the Consumer’s express consent, and the Consumer, before the start of the service, was informed that upon the Seller’s performance, he or she loses his or her right of withdrawal;

2) where price or remuneration depends on fluctuations on the financial market, of which the Seller has no control, and which may occur before the expiration of the withdrawal period;

3) where the subject of the provision is a non-prefabricated product, manufactured according to the specifications of the Consumer or to satisfy his or her personalized needs;

4) where the subject of provision is a perishable Product or a Product with a short shelf life;

5) where the Product is supplied in a sealed package which cannot be returned for health or hygiene reasons after opening the package, if the packaging has been opened after delivery;

6) where supplied Products, after the delivery, are, by their nature, inseparably linked to other things;

7) where the subject of the provision are alcoholic beverages whose price was agreed upon the conclusion of the Sales Agreement, and whose delivery may take place only after 30 and whose value depend on fluctuations on the financial market over which the Seller has no control;

8) where the Consumer expressly requested that the Seller should come to him/her for the purpose of making an urgent repair or maintenance;

9) where the subject of the provision is sound or visual recordings or software delivered in a sealed packaging if the packaging has been opened after its delivery;

10) for providing newspapers, periodicals or magazines, except for a subscription agreement;

11) concluded in a public auction;

12) for providing accommodation services, other than for the purposes of residence, carriage of goods, rental of cars, catering services, leisure, entertainment, sports or cultural events if the agreement contains a specified date or period of provision of such service;

13) for providing digital content that is not recorded on a durable media, if the provision of performance started with the Consumer’s express consent prior to the expiration of the withdrawal period and after informing him or her by the Seller of the loss of the right of withdrawal.

 

§9. PROVISIONS CONCERNING ENTREPRENEURS

 

1. This item of the Terms and Conditions and the provisions contained therein apply only to entrepreneurs (non-consumer Customers and Service Recipients).

 

2. The Seller is entitled to withdraw from the Sales Agreement concluded with a non-consumer Customer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not generate any non-consumer Customer claims against the Seller.

 

3. In case of non-consumer Customers, the Seller is entitled to limit the available payment methods, including requirement to prepay in whole or in part, irrespective of the method of payment chosen by the non-consumer Customer and the conclusion of the Sales Agreement.

 

4. Upon the Product delivery by the Seller to the carrier, all the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the non-consumer Customer. In such case, the Seller shall not be liable for loss, shortage or damage of the Product arising from the moment of its acceptance for transportation until delivery to the Customer and for delay in the transportation of the

 

  1. When sending the Product to the Customer by a carrier-service, the non-consumer Customer is obliged to examine the shipment in time and in a manner adopted for consignments of this kind. If he or she finds that there has been a defect or damage to the Product during the transportation, they are obliged to take all necessary steps to determine the liability of the carrier.

 

6. According to art. 558 § 1 of the Civil Code, the liability of the Seller for the Product under the implied warranty for the Product for a non-consumer Customer is excluded.

 

7. In case of non-consumer Users, the Service Provider may terminate the Service Agreement with immediate effect and without stating the reasons by sending to a non-consumer User a relevant statement.

 

8. The Service Provider/Seller’s liability to a non-consumer Customer/Client, regardless of its legal basis, is limited, both within a single claim and for any claim in total, up to the price paid and delivery costs under the Sales Agreement, but no more than up to one thousand zlotys. The Service Provider/Seller is liable to the non-consumer Customer/Client for typical damages only at the time of conclusion of the contract and shall not be liable for lost profits to the non-consumer Customer/Client. Any disputes between the Service Provider/Seller and the non-consumer Customer/Client shall be submitted to the competent court for the location of the Service Provider/Seller.

 

§10. FINAL PROVISIONS

 

1. Agreements concluded by the Seller through the Online Shop are concluded in Polish.

 

2. Amendment of the Terms and Conditions:

1) the Seller reserves the right to amend the present Terms and Conditions for important reasons, for example: due to the amendment to legal regulations, due to the change of methods of delivery, due to the change of terms of payment;

2) in case of concluding on the basis of these Terms and Conditions continuous contracts (e.g. providing Electronic Service - Account) the amended regulations are binding for the Service Receiver, if the requirements specified in Art. 384 and 384 [1] of the Civil Code, that is, the Customer has been properly notified of the changes and does not terminate the agreement within 14 days from the date of notification. If the amendments to the Terms and Conditions result in the introduction of any new fees or increasing the present fees, the Customer may withdraw from the contract;

3) no amendments to these Terms and Conditions can violate the rights acquired by the Customers who are consumers before the effective date of such amendments, in particular, the amendments of these Terms and Conditions shall not affect any Orders being submitted or already submitted.

 

3. In any matters not regulated in these Terms and Conditions, Polish law will apply, in particular:

1) the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No 16, pos. 93, as amended);

2) the Act on the Rendering of Electronic Services (Journal of Laws 2002, No 144, pos.1204, as amended);

3) the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

 

§11. TEMPLATE OF A FORM OF WITHDRAWAL FROM THE AGREEMENT (APPENDIX No.2 OF ACT ON CONSUMER RIGHTS)

Template of a form of withdrawal from the agreement

(It is necessary to complete and return only if you wish to withdraw from the agreement)

 

- Addressee:

Swing Katarzyna Rupińska

ul. Składkowskiego 4, 02-495 Warszawa

(shop@swingfashion.pl)

 

I/We(*) hereby inform you of my/our withdrawal from the sales agreement of the following items(*)/ of the agreement for the delivery of the following items(*)/of the agreement for the performance of the following service(*)

 

- Date of agreement conclusion(*)/receipt(*)

 

- Name and surname of the Consumer(s)

- Consumer’s (s’) address

- Signature of the Consumer(s) (only if the form is sent in a paper form)

- Date

 

(*) Delete where not applicable

)

 

I/We(*) hereby inform you of my/our withdrawal from the sales agreement of the following items(*)/ of the agreement for the delivery of the following items(*)/of the agreement for the performance of the following service(*)

 

- Date of agreement conclusion(*)/receipt(*)

 

- Name and surname of the Consumer(s)

- Consumer’s (s’) address

- Signature of the Consumer(s) (only if the form is sent in a paper form)

- Date

 

(*) Delete where not applicable

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