§ 1 Definitions
Postal
address – ul. Homera 33a, 04-624 Warsaw
Complaint
address - ul. Homera 33a, 04-624 Warsaw or by e-mail:
customerservice@italian-collection.com
Price list - presentation of prices of goods
with their descriptions posted on the
Store's website at: www.italian-collection.com
Contact
details: info@italian-collection.com
Delivery - a type of transport service
consisting in the delivery by the Seller to the Customer, via the Supplier, of
the Goods specified in the Order together with the Supplier and the cost specified
in the Delivery Price List.
Supplier - a courier company with which
the Seller cooperates in the scope of Delivery of Goods.
Proof of
purchase -
invoice, bill or receipt issued in accordance with applicable regulations.
Product
card - a
single Store subpage containing information about a single product.
Customer - an adult natural person with
full legal capacity, legal person or organizational unit without legal
personality but having legal capacity.
Consumer - a Customer who is a natural
person making a purchase from the Seller not directly related to his business
or professional activity.
Basket - a list of products prepared
from products offered in the Store based on the Buyer's choices.
Buyer - both Consumer and Customer.
Place of
delivery - postal
address or collection point indicated in the Order by the Buyer.
Handover
time - the
time when the Buyer or a third party indicated by him for pickup takes
possession of the item.
Payment - method of payment for the
subject of the Agreement and delivery.
Consumer
law (or Consumer Act) - the
Consumer Rights Act of 30 May 2014.
Product - the minimum and indivisible
quantity of items that can be the subject of the Order, and which is provided
in the Seller's Store as a unit of measure when determining its price
(price/unit).
Subject of
the Agreement -
Products and Delivery subject to the Agreement.
Collection
point - the
place of delivery of the Product to the Buyer by the Seller.
Regulations – the Regulations herein (in the
Online Store).
GDPR - Regulation of the European
Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection
of individuals with regard to the processing of personal data and on the free
movement of such data, and repealing Directive 95/46/EC (General Data
Protection Regulation)
Store - the website available at www.italian-collection.com
through which the Buyer may place an Order.
Seller - G&G.PL Sp. z o.o. Sp. k. with its registered office in Warsaw, ul. Homera 33a, unless another entity was indicated as the Seller in the product description.
Completion
date - the
number of hours or working days specified on the product card.
Goods - Products sold by the Seller via
the Online Store Website.
Agreement - Agreement concluded outside the
business premises or at a distance as provided in the Act on consumer rights of
30 May 2014 in the case of Consumers and a Sales Agreement as provided in Art.
535 of the Civil Code in the case of Buyers.
Defect - both a physical defect and a
legal defect.
Order - the Buyer's declaration of
intent made through the Store clearly stating: the type and quantity of
products; type of delivery; payment method; place of delivery, Buyer's data
directly aimed at concluding the Agreement between the Buyer and the Seller.
§ 2 General terms and conditions
1. The agreement is concluded in
Polish, in accordance with Polish law and these Regulations. If the Order is
placed on a foreign language version of the Store, the agreement is concluded
in a language version chosen by the Customer, in accordance with Polish law and
these Regulations.
2. The Seller is obliged and agrees
to provide services and deliver items free from defects.
3. All prices provided by the Seller
are in the Polish currency or in Euro and are gross prices (including VAT plus
other taxes and duties - if due).
Product prices do not include the cost
of delivery, which is calculated at the Basket summary before placing the
Order. Delivery costs may depend on the delivery option chosen by the Customer
as well as the location and payment method.
4. The Seller does not grant the
Buyer a guarantee as provided in Art. 577 of the Civil Code, however, he
informs the Buyer about known guarantees granted by third parties for products
in the Store - if applicable.
5. Future confirmations, access,
consolidation and protection of all relevant provisions of the Agreement
allowing gaining access to this information shall be formally documented by
sending an e-mail with attachments to the address provided by the Buyer and in
paper form, together with relevant required attachments to the completed Order,
in accordance with applicable regulations.
6. The Seller provides the Buyer
using the system that the Store works correctly in the following browsers:
Microsoft Edge, Google Chrome, Mozilla Firefox, Opera and Apple Safari. The
latest browser versions should be used. Using other browsers or their older
versions does not guarantee the correct operation of the Store.
7. A fiscal receipt is issued for
each Order and sent to the Consumer along with the ordered Goods. An invoice is
issued at the Customer's request. To receive an invoice, the Customer selects
the appropriate option on the order.
8. The Store may also offer Products
that are sold by entities other than the Seller. In this situation, the product
description includes information about the relevant seller and sales documents
(receipt, invoice) will be issued by that seller. Regardless of the actual
seller, all rights of the Buyer, including complaints, settlements and returns
will be implemented through the Seller and on the terms set out in these
Regulations.
§ 3 Conclusion and implementation of the Agreement
1. Orders can be placed around the
clock (24/7).
2. In order to place an Order, the
Buyer should perform at least the following steps, which can be repeated as
needed:
• Add a product to the Cart;
• Select the Delivery type;
• Select Payment type;
• Select item Delivery;
• Place an Order in the Store.
3. Available payment methods
will be displayed when placing the order. The Customer chooses the payment
method. Payments are serviced by PayLane sp. z o.o. which is located in Gdańsk
at ul. Norwida 4, zip code: 80-280, KRS: 0000227278.
4. The Seller may allow the Customer
to take advantage of special discounts by providing codes, promotional coupons
or gift cards. The condition of using the discount is:
a. Registration of the coupon or
entering the code before completing the Order by clicking the "BUY"
button (or equivalent);
b. Registering a coupon or code with
a value lower than the purchase value. A discount sale cannot be
completed if, after using the coupon, its purchase value was equal to or lower
than PLN 0.
5. The Agreement with the Buyer is
concluded:
a. Upon confirmation of acceptance
of the Order by the Seller sent to the e-mail address provided by the Buyer -
if the Customer chooses the "COD" payment option;
b. Upon Seller’s receipt of payment
for the Order, about which the Seller informs the Buyer by sending a message
confirming acceptance of the Order to the e-mail address provided by the Buyer
- if the Buyer chooses the option of payment by bank transfer or via an
electronic payment system.
6. If the Buyer fails to collect the
Order delivered by the Seller, the Agreement is
deemed as cancelled by the Buyer.
The provisions of § 4 shall apply accordingly.
7. If all or some of the ordered
items are unavailable, the Seller shall inform the Customer by telephone or
e-mail, also informing about the possible date of availability of the entire
Order. In such a situation, the Buyer may, at his own discretion:
a. Cancel Order in full;
b. Cancel part of the Order;
c. Agree to extend the delivery date
for all or part of the Order,
notifying the Seller by e-mail.
Lack of information from the Buyer
within 3 business days from the date of Seller’s notification about
unavailability of the goods shall be tantamount to canceling the Order, about
which the Seller notifies the Customer by e-mail.
The refund of the sale price is
accomplished in the same way as the method of payment within 3 business days
from the day of Order cancellation.
8. The Customer's COD Order is
processed immediately after the conclusion of the Agreement in accordance with
point 5 letter a, and the Order paid by bank transfer or via the electronic
payment system after the conclusion of the Agreement in accordance with point 5
letter b.
9. The time of delivery of the Goods
depends on the availability of the Goods from its producer or distributor. The
Customer will be notified by email about the approximate delivery date.
10. When collecting the Order, the
Customer is required to check the parcel's condition while the courier is
present. In the event of any damage or signs of infringement of the entire
shipment, the Customer and Courier shall draw up an appropriate report, copies
of which shall be sent by the Customer immediately to the Seller by e-mail.
§ 4 Right to withdraw
1. Pursuant to Art. 27 of the
Consumer Law, the Consumer has the right to withdraw from a Distance Contract,
without giving a reason and without incurring costs, except for the costs
specified in Art. 33 and Art. 34 Consumer Law.
2. The withdrawal period from the
Contract concluded remotely is 14 days from the date of delivery of the Goods
and to meet the deadline it is enough to send a statement before its
expiry.
3. The Consumer may submit a
statement of withdrawal from the Agreement on the form attached as Annex 2 to
the Consumer Law, either as an e-mail or a traditional form or any other form
consistent with Consumer Law, including the withdrawal form available on the
Store's website. A template of the form compliant with the abovementioned
attachment is available on pages https://www.italian-collection.com/index.php?route=account/return/add
4. The Seller excludes the
possibility of submitting a statement of withdrawal from the Contract in a form
other than in writing.
5. The Seller will immediately
confirm to the Consumer by e-mail (provided when concluding the Agreement or
other means, if provided in the submitted declaration) that he received a
statement of withdrawal from the Agreement.
6. A withdrawal from the Agreement
results in the Agreement being considered null and void.
7. The Consumer is must return the
Goods to the Seller immediately, but no later than on the 14th day after the
issue of the Goods.
8. The Consumer sends back the Goods
referred to in point 7, at his own expense and risk.
9. Returned Goods should be new,
unused, with all original price tags and labels attached, in the same condition
and packaging in which they were delivered. The packaging can be opened as
necessary to check the compliance of the Goods with the concluded agreement. If
the returned Goods fail to meet the above criteria, in accordance with Art. 34
section 4 of the Consumer Act, the Seller shall draw up a damage report,
specifying the type and amount of damage and send the damage report to the
Buyer within 7 days from the date of receipt of the returned Goods, containing
the refund of the sale price minus the amount of compensation for the reduced
value of the Goods (total price minus the damage compensation amount).
10. The Consumer shall be liable for
reducing the value of the Goods as a result of improper use, exceeding the
extent necessary to establish the nature, characteristics and functioning of
the Goods.
11. The Seller shall refund all payments made
by the Consume, including the costs of delivering the purchased Goods to the
Consumer. However, the Seller will not refund the additional costs to the
Consumer in accordance with Art. 33 of Consumer Law. The Seller reimburses the
payment using the same method as the Consumer’s, unless the Consumer has
expressly agreed to a different payment method that does not involve any costs
for him, and in the case of a COD, the amount will be returned to the bank
account provided by the Customer.
12. If a discount coupon was used, the
basis for claims for refund of the purchase price to the Consumer is the actual
purchase price incurred after deducting the calculated discount, not the price
indicated in the price list. If the coupon was used to purchase more than one
Product, its value for the purposes of exercising the Consumer's rights is
determined in proportion to the reduced price relative to the entire Basket of
Goods subject to discount. The price ratio of each Product before the discount
is assumed as the basis for calculating the price of individual Products after
the discount. This reservation does not apply to gift cards which, as regards
the Consumer's rights, are treated as a substitute for cash.
13. In accordance with Art. 38 of
Consumer Law, the Consumer cannot withdraw from the Agreement:
• Where the subject of the service is a
non-prefabricated item, manufactured according to the Consumer's specification
or to satisfy his individual needs (e.g. t-shirts with individually ordered
print);
• Where the subject of the service
is an item delivered in a sealed package, which, after opening the package on
or after delivery, cannot be returned due to health protection or hygiene
reasons (e.g. underwear) ;
• Where the subject of the service
are audio or visual recordings or computer software delivered in a sealed
package, if the package was opened after delivery;
• Newspapers, periodicals or magazines delivered, with the exception of
subscription contracts;
• Where the subject of the service are
items that after delivery, due to their nature, are inseparably connected with
other things (e.g. underwear sets).
§ 5 Warranty
1. Pursuant to Art. 558 §1 of the
Civil Code, the Seller completely excludes liability for physical and legal
defects (warranty) to Customers who are not Consumers.
2. The Seller shall be liable to the
Consumer on the terms set out in Art. 556 of the Civil Code and subsequent for
defects (warranty).
3. If the Consumer has concluded an
Agreement and a physical defect has been found within one year of delivery of
the item, it shall be deemed as having existed at the time the liability was
passed to the Consumer.
4. If the item sold has a defect, the
Consumer may:
• Submit a request for a price
reduction;
• Submit a statement of withdrawal
from the Agreement;
unless the Seller immediately and without undue inconvenience to the
Consumer, replaces the defective item with a non-defective one or removes the
defect. However, if the item has already been replaced or repaired by the
Seller or the Seller has not satisfied the obligation to replace the item with
a non-defective one or remove the defect, he loses the right to exchange the
item or remove the defect.
5. The Consumer may, instead of the
removal of the defect proposed by the Seller, request the replacement of the
item for a non-defective one or instead of the replacement of the item demand
the removal of the defect, unless bringing the item into compliance with the
Agreement in the manner chosen by the Consumer is impossible or would require
excessive costs compared to the method proposed by the Seller, while the
assessment of excessive costs includes the value of the item free from defects,
the type and significance of the defect found and also the inconvenience to
which the Consumer would otherwise be exposed.
6. The Consumer may not withdraw from
the Contract if the defect is insignificant.
7. The Seller must replace the
defective item for a non-defective one or remove the defect within a reasonable
time without undue inconvenience to the Consumer.
8. The Seller may refuse to satisfy
the Consumer's request if bringing the defective item into conformity with the
Agreement according to the Buyer’s request is impossible or would require
excessive costs compared to the other way of making it compliant with the
Agreement.
9. The Consumer who exercises the
rights under the warranty must deliver the defective item to the complaint
address at the expense of the Seller. In the event of non-performance of the
obligation by the Seller, the Consumer has the right to return the item at the
expense and risk of the Seller.
10. The costs of replacement or repair
are charged to the Seller (subject to the provisions of Art. 561 1 of
the Civil Code).
11 The Seller
must accept a defective item from the Consumer to exchange the item for a
non-defective one or accept the Consumer’s withdrawing from the Agreement.
12. Within 14 days, the Seller shall
respond to:
• Price reduction requests;
• Statements of withdrawal from the
Agreement;
• Requests to replace the item with
one free of defects;
• Defect removal requests.
Otherwise, the Consumer's statement or request shall be deemed justified.
13. The Seller shall be liable under
the warranty if a physical defect is found within two years of the item being
handed over to the Consumer and within one year of the item handed over to the
Consumer, is the said item has been used.
14. The Consumer's claim to remove the
defect or exchange the sold item for a one free of defects expires after one
year, counting from the day the defect was found, however not earlier than two
years after the item was released to the Consumer and within one year of the
item handed over to the Consumer, is the said item has been used.
15. If the expiry date of the item
specified by the Seller or the manufacturer ends after two years from the date
of delivery of the item to the Consumer, the Seller shall be liable under the
warranty for physical defects of this item found before the expiry of that
period.
16. Within the time limits specified
in § 5 points 13-15, the Consumer may submit a statement of withdrawal from the
Agreement or a price reduction request, due to a physical defect of the item
sold, and if the Consumer requested replacement of the item for one free of
defects or removal of the defect, the deadline for submitting a statement of
withdrawal from the Agreement or price reduction request begin with the
ineffective expiry of the deadline for replacing an item or removing a defect.
17. If one of the rights under the
warranty is subject to court or arbitration court proceedings, the time limit
for exercising other rights the Consumer enjoys thereunder shall be suspended
until the final and valid termination of the proceedings.
Accordingly, the above also applies to
mediation proceedings, where the deadline for exercising other rights under the
warranty enjoyed by the Consumer, begins to run from the day the court refuses
to approve the settlement concluded before the mediator or the ineffective
termination of mediation.
18. § 5 points 13-14 shall apply to
exercise the rights under the warranty for legal defects of the sold item,
except that the period begins on the date on which the Consumer learned about
the existence of the defect, and if the Consumer learned about the existence of
the defect only as a result of actions of a third party – as of the date on
which the decision issued in the dispute with the third party became final.
19. If, due to defective items, the
Consumer has made a statement on withdrawal from the Agreement or requested a
price reduction, he may request compensation for the damage he suffered because
he concluded the Agreement without being aware of the existence of the defect,
even if the damage was a result of circumstances not attributable to the
Seller, in particular, he may demand reimbursement of the costs of concluding
the Agreement, costs of collecting, transporting, storing and insuring Goods,
reimbursement of expenses made to the extent to which he has not benefited when
using the Goods, and has not received their reimbursement from a third party
and reimbursement of the costs of the process. This does not prejudice the
provisions on the obligation to repair damages on general principles.
20. It is the Consumer's
responsibility to check that the Goods have not been damaged during transport
at the time of receiving the Goods from the Supplier and in the event of
visible damages - to fill in the appropriate report in accordance with the
Supplier's standards in this respect. The warranty does not cover visible
physical damage to the Goods, unless they were reported by the Consumer to the
courier at the time of receipt.
21. In the case of physical damage
invisible at the time of receipt (e.g. rupture of bra underwires, damage to the
lining of the pocket, discoloration), the condition of the right to use the
warranty in this regard is to report the damage to the Seller within 7 days of receipt of the Goods.
22. The expiry of any period for
identifying a defect does not prejudice the exercise of warranty rights if the
Seller has fraudulently concealed the defect.
§ 6 Privacy policy – personal data
1. The Controller of personal data sets provided by the Store's customers is the Seller, G&G.PL Sp. z o.o. Sp. k. based in Warsaw.
2. Controller’s contact
details:
a. Address: ul. Homera 33a, 04-624 Warsaw
b. email:
info@italian-collection.com
c. internet: www. italian-collection.com
3. The Seller agrees to protect
personal data in accordance with applicable provisions on the protection of
personal data and the Act on the provision of electronic services and in
accordance with Regulation 2016/679 of the European Parliament and of the
Council on the protection of individuals with regard to the processing of
personal data and on the free movement of such data and repealing Directive
95/46/EC (General Data Protection Regulation).
4. Customer's personal data provided
during registration or placement of orders will be processed by the Seller
solely for the purpose of completing orders and marketing the Seller's own
services (e.g. information about current promotions, new store
options or sending a newsletter).
5. The legal basis for data
processing is the agreement between the Customer and the Seller or an exchange
of correspondence to conclude the contract (Article 6 (1) letter and GDPR) as
well as the legitimate interest of the administrator in sending marketing
information and maintaining contact with the customer (Article 6 (1) letter f
GDPR).
6. Store Customer data may be
entrusted to a delivery company, cooperating with the Store, a company
providing financial and accounting services for the Store, an IT company
operating the Store and producers or distributors of the Goods, if the
specificity of the order requires it or it is necessary for its implementation.
If the Customer uses the form of payment
through third-party company that supports this payment (e.g. PayPal), the
Customer's data will be entrusted to this company only to the extent of making
payments - in accordance with its privacy policy.
7. The Customer's data will be
processed from the time of placing the order until the expiry of the limitation
period applicable in accordance with the civil law for the given type of
transaction - solely to protect against possible claims of the Customer and to
enable the exercise of his rights - e.g. under warranty or guarantee.
8. The Customer has the right to
access, rectify, update and delete his personal data at any time, or request
the transfer of personal data to another Controller and to object to the processing
of personal data for the purposes of marketing the Seller's own services.
9. The Controller does not use data
profiling to assess Users' personality traits nor does
it use automated decision-making algorithms in this regard.
10. Any Customer who considers that in
connection with the processing of his data, the Store violated his rights or
freedoms, is entitled to lodge a complaint with the supervisory authority,
which in Poland is the President of the Office for Personal Data Protection.
11."Use of this site requires
personal data processing of a client in the following matter: ... (for example:
first name and last name, phone number, e-mail, billing address, etc.). Data
will be processed by: ... (merchants name) in a way that is crucial to agreeing
on a contract, as well as its fulfillment. Transaction data, in that personal
data, can be transferred for the benefit of PayLane Sp. z o.o. located in
Gdańsk at Norwida 4, zip code: 80-280, KRS: 0000227278, on the terms that it
will beneficial on in service connected to order payments. A client has the
right to see the content of his data and any corrections made to it. Sharing of
information is voluntary, however, at the same time it is crucial to using this
site" .
§ 7 Cookie policy
1. The Seller may register Cookies on his websites.
Cookies are small text files stored on the Customer's computer, which store
some
of the Customer's activities on the Seller's websites.
2. Cookie files may contain
information about the subpages opened by the Customer as part of the
www.italian-collection.com website, saved passwords (e.g. login passwords),
order history, IP number of the Customer's computer, location from which the
customer logged in to the website www.italian-collection.com , the type and specification of
the device that the Customer used to log in (e.g. a smartphone, tablet or
personal computer), type and version of the web browser used by the Customer,
auto-complete text fields and check boxes based on previously entered
information.
3. Cookies are used by the Seller for
statistical purposes, to develop and adapt offers to the needs of Customers,
optimize the website and its presentation, and improve the speed and stability
of operations, plus for marketing purposes by turning on the display of
personalized marketing messages and proposed product lists, based on site
activities. They also can be used to present the Seller's partners' ads on the
Seller's websites.
4. The data saved in cookies may be,
to a limited extent, automatically made available to Google Inc. with its
registered office in the United States in connection with the use of the Seller
services such as Google Pixel, Google Maps and Google Analytics.
If the person visiting the Seller's
websites does not agree to this sharing, he may independently disable this
option in the web browser settings according to the manufacturer's instructions.
5. The use of cookies is voluntary
and fully controlled by the Customer. Cookies can be disabled and if they are
already registered, deleted from the memory of the web browser settings, while
most web browsers by default include active consent to the
registration of cookies.
Cookie deactivation and deletion are specified in the settings of the specific
browser.
6. Disabling cookies may limit the
functionality of the website provided by the Seller, e.g. prevent it from
remembering the shopping Basket.
7. More information about cookies,
including how to disable them, can be found on
websites dedicated to cookies e.g. https://support.google.com/adwords/answer/2407785
§ 8 Final provisions
1. No provision in these Regulations
is intended to violate the Buyer's rights. It also cannot be interpreted in
this way, because in the event of non-compliance of any part of the Regulations
with the applicable law, the Seller declares absolute compliance with and
application of this law in place of the challenged provision of the Regulations.
2. The Seller reserves the right to
cover certain Products with a separate promotion, the terms of which may be
described in the Promotion Regulations. In the event of non-compliance of these
Regulations with the Promotion Regulations, the Promotion Regulations shall
prevail.
3. The current version of the
Regulations shall always be available to the Buyer in the Regulations tab. During
the implementation of the Order and throughout the entire period of after-sales
care of the Buyer, the Regulations he accepted when placing the Order shall
apply, except for the situation when the Consumer finds them less favorable
than current and informs the Seller about the selection of the current ones
as binding.
4. In matters not covered hereunder,
the relevant applicable legal provisions shall apply.
If the Consumer wishes to do so, any disputes shall be resolved by mediation or
arbitration court.
