To begin with, our full registration details as the administrator of the store and seller: Krystyna Biłak running a business under the name "Dress Up Krystyna Biłak, ul. Prosta 43, 43-300 Bielsko-Biała, NIP 5471747965, BDO 000547387."
Below you will find the terms and conditions, which include information on how to place an order leading to the conclusion of a contract, details regarding the fulfillment of the contract, available delivery and payment methods in the store, the procedure for withdrawal from the contract, and the complaint process.
If you have any comments, questions, or doubts, I am at your disposal at dressup.questions@gmail.com.
Best regards and happy shopping, Krystyna Biłak
These Terms and Conditions are effective from January 29, 2024.
§ 1
Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
- Buyer – a natural person, legal person, or an organizational unit without legal personality,
- Consumer – a natural person who enters into a sales agreement with the Seller not related to their business or professional activity,
- Terms and Conditions – these Terms and Conditions available at https://htpps-sklep7339616-shoparena-pl-regulamin,
- Store – the online store operating at https://dressup-polska.pl/,
- Seller – Dress Up Krystyna Biłak, ul. Prosta 43, 43-300 Bielsko-Biała, NIP 5471747965, BDO 000547387.
§ 2
Preliminary Provisions
Through the Store, the Seller conducts retail sales while simultaneously providing services to Buyers electronically. Through the Store, the Buyer can purchase products displayed on the Store's pages.
These Terms and Conditions specify the rules and conditions for using the Store, as well as the rights and obligations of the Seller and Buyers.
To use the Store, particularly to make a purchase, no specific technical requirements need to be met by the Buyer’s computer or other devices. The following are sufficient:
- access to the Internet,
- a standard operating system,
- a standard web browser,
- an active email address.
The Buyer cannot make a purchase in the Store anonymously or under a pseudonym.
It is prohibited to provide unlawful content while using the Store, especially by sending such content through forms available in the Store.
All product prices listed on the Store's pages are gross prices.
§ 3
Electronic Services
Through the Store, the Seller provides electronic services to the Buyer. The primary electronic service provided by the Seller to the Buyer is enabling the Buyer to place an order in the Store, leading to the conclusion of a contract with the Seller. Placing an order is possible without the need for an account in the Store.
If the Buyer decides to create an account in the Store, the Seller also provides the service of creating and maintaining an account for the Buyer. The account stores the Buyer's data and the history of orders placed in the Store. The Buyer logs into the Account using their email address and the password they have defined.
Creating an account in the Store occurs by checking the appropriate checkbox during the ordering process or by filling out a separate account registration form available in the Store. The Buyer can delete their account at any time from the account management panel or by sending a relevant request to the Seller. Deleting the account will not remove information about orders placed using the account, which the Seller will retain until the expiration of claims arising from the contract concluded through the Store / for the entire duration of the Store's operation, unless the Buyer previously objects to the storage of this information, and the Seller has no overriding interest in keeping it.
If the Buyer chooses to subscribe to the newsletter, the Seller also provides the electronic service of sending the Buyer emails or SMS containing information about new products, promotions, or the results of any competitions held by the Seller. Subscription to the newsletter occurs by filling out and submitting the newsletter subscription form or by checking the appropriate checkbox during the ordering process. The Buyer can unsubscribe from receiving the newsletter at any time by clicking the unsubscribe button visible in each newsletter email or by sending a relevant request to the Seller.
The services provided electronically to the Buyer are free of charge. However, sales contracts concluded through the Store are subject to payment.
To ensure the safety of the Buyer and data transmission in connection with the use of the Store, the Seller undertakes technical and organizational measures appropriate to the level of security risk of the services provided, particularly measures to prevent unauthorized access to and modification of personal data.
The Seller takes steps to ensure the proper functioning of the Store. The Buyer should inform the Seller about any irregularities or interruptions in the operation of the Store. Any complaints related to the operation of the Store can be submitted by the Buyer via email to dressup.questions@gmail.com. In the complaint, the Buyer should specify the type and date of the irregularity related to the functioning of the Store. The Seller will respond to all complaints within 30 calendar days from the date of receipt of the complaint and will inform the Buyer of its resolution via the email address provided in the complaint.
§ 4
Placing an Order
The Buyer can place an order as a guest. A registered customer is a Buyer who has an account in the Store. The Buyer can create an account by checking the appropriate checkbox during the ordering process or by filling out a separate account registration form available in the Store.
If the Buyer has an account in the Store, they should log in before placing an order. Logging in is also possible during the ordering process by clicking the link available in the displayed message.
Placing an order involves filling out the order form after adding the products the Buyer is interested in to the cart. In the form, it is necessary to provide data required to fulfill the order. During the ordering process, the Buyer also selects the delivery method for the ordered products and the payment method for the order. A condition for placing an order is acceptance of the Regulations, which the Buyer should read beforehand. If the Buyer has any doubts regarding the Regulations, they may contact the Seller.
The order placement process is completed by clicking the button to finalize the order. Clicking the finalize button constitutes the Buyer’s declaration of intent leading to the conclusion of a sales contract with the Seller.
If the Buyer has chosen online payment during the order placement, they will be redirected to the payment gateway operated by an external payment provider to make the payment for the order after clicking the finalize button. If the Buyer has chosen cash on delivery, they will be redirected to the Store's page with order confirmation after clicking the finalize button.
In the order form, the Buyer must provide true personal data. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend order fulfillment if the Buyer has provided false data or if there are reasonable doubts about the accuracy of the data provided. In such a case, the Buyer will be informed by phone or email about the Seller's doubts. In this situation, the Buyer has the right to clarify all circumstances related to the verification of the provided data. If there is a lack of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer contacts them.
The Buyer declares that all data provided by them in the order form is true, while the Seller is not obligated to verify their truthfulness and accuracy, although they have the right to do so as per paragraph 7 above.
§ 5
Delivery and Payment
The available delivery methods for the order are described on the Store's website and presented to the Buyer during the ordering process. The delivery cost is borne by the Buyer unless the Seller specifies otherwise on the Store's website. The Seller has the right to decide to split the order into several separate shipments without incurring additional costs for the Buyer.
The delivery time is 7 business days from the moment the order is paid. In the case of cash on delivery, the 7 days are counted from the moment the order is placed.
The available payment methods for the order are described on the Store's website and presented to the Buyer during the ordering process. These include: online payments, BLIK, PayPo, cash on delivery, and card payments.
Electronic payments, including card payments, are handled by Blue Media S.A. Accepted payment cards include Visa, Visa Electron, MasterCard, MasterCard Electronic, and Maestro.
If the Buyer requests an invoice, it will be sent to the Buyer electronically at the email address provided in the order form, which the Buyer simultaneously agrees to.
By choosing deferred payment via PayPo Sp. z o.o., the Buyer also declares that, according to the definition specified in the Act on Counteracting Money Laundering and Terrorism Financing, the Buyer does not hold a politically exposed position, is not a family member or close associate of a person holding a politically exposed position. The Buyer is aware of the criminal liability for submitting a false declaration.
§ 6
Order Fulfillment
Order fulfillment involves assembling the ordered products, packaging them for delivery to the Buyer, and dispatching the shipment to the Buyer according to the delivery method selected by the Buyer. The order is considered fulfilled at the moment the shipment is dispatched to the Buyer (handed over to the carrier responsible for transport).
The fulfillment time for the order is always indicated for each product. The ordered products should be delivered to the Consumer within 30 days, unless a longer period is explicitly specified by the Seller in the product description. In such cases, by placing the order, the Buyer agrees to the longer fulfillment time specified in the product description.
If the Buyer orders products with different fulfillment times, the fulfillment time for the entire order is determined by the longest time among all products included in the order. The Seller may propose splitting the order into several independent shipments to expedite the fulfillment time for some products.
If the Buyer chooses to pay by bank transfer or credit card, the order fulfillment time is calculated from the date the Seller's bank account or settlement account is credited.
§ 7
Consumer's Right of Withdrawal
A Consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days from the date of taking possession of the purchased items.
As of January 1, 2021, the right to withdraw from the contract as described in this paragraph, and as provided by the Consumer Rights Act, also applies to individuals entering into a contract with the Seller directly related to their business activity, provided that the contract indicates it is not of a professional nature, particularly regarding the subject of their business activity registered in the Central Register and Information on Business Activity. Therefore, as of January 1, 2021, the rights referred to in this paragraph also apply to individuals meeting the above criteria.
To withdraw from the contract, the Consumer must inform the Seller of their decision through a clear declaration, such as a letter sent by post, fax, or email as a scanned document. The letter must be signed legibly by the Buyer.
The Consumer may use the withdrawal form available at /userdata/public/upload/formularz-odstapienia-od-umowy.pdf, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Consumer to send information regarding the exercise of their right of withdrawal before the withdrawal period expires.
The Consumer is obliged to return the product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day they withdrew from the contract, unless the Seller has proposed to collect the item themselves. To keep the deadline, it is sufficient to send the product back before it expires.
The Consumer bears the direct costs of returning the item.
In the event of withdrawal from the contract, the Seller will refund all payments received from the Consumer, including the cheapest delivery cost available in the Store (if the cost was covered by the Consumer), without delay and in any case no later than 14 days from the day the Seller was informed of the exercise of the right of withdrawal. The refund will be made using the same payment method that the Consumer used in the original transaction, unless the Consumer has explicitly agreed to another solution. In any case, the Consumer will not incur any fees related to the form of the refund.
If the Seller has not proposed to collect the item from the Consumer, they may withhold the refund of payments received from the Consumer until the item is returned.
The Consumer is responsible for any decrease in the value of the product resulting from the use of the product beyond what is necessary to establish its nature, characteristics, and functioning.
In the event of a need to refund a transaction made by the Consumer using a credit card, the Seller will make the refund to the bank account linked to the Consumer's credit card.
§ 8
Liability for Defects
The Seller is obliged to deliver a product to the Buyer that is free from defects. The Seller is responsible to the Buyer if the sold product has a physical or legal defect (warranty for defects).
If the sold product has a defect, the Buyer may:
- request an exchange of the product for one free from defects,
- request the removal of the defect,
- submit a statement to reduce the price,
- submit a statement to withdraw from the contract.
If the Buyer identifies a defect in the product, they should inform the Seller, specifying their claim related to the identified defect or submitting a relevant declaration.
The Buyer may use the complaint form available at /userdata/public/upload/formularz-reklamacyjny.pdf, although this is not mandatory.
The Buyer may contact the Seller both by traditional mail and electronically.
The Seller will respond to the complaint submitted by the Buyer within 14 days from the date the complaint is received, using the same communication method that was used to submit the complaint.
Details regarding the Seller's warranty for defects are governed by the provisions of the Civil Code (Articles 556 – 576).
As of January 1, 2021, the provisions regarding the Seller's warranty for defects in sold goods concerning Consumers also apply to individuals entering into a contract with the Seller directly related to their business activity, provided that the contract indicates it is not of a professional nature, particularly regarding the subject of their business activity registered in the Central Register and Information on Business Activity.
§ 9
Personal Data and Cookies
The data controller of the Buyer's personal data is the Seller. The personal data of the Buyer is processed for the following purposes and based on the following legal grounds:
- conclusion and performance of the contract - Article 6(1)(b) of the GDPR,
- fulfillment of tax and accounting obligations - Article 6(1)(c) of the GDPR,
- defense, pursuit, or establishment of claims related to the contract, which is a legitimate interest pursued by the Seller - Article 6(1)(f) of the GDPR,
- identification of returning customers, which is a legitimate interest pursued by the Seller - Article 6(1)(f) of the GDPR,
- handling inquiries from Buyers that do not yet lead to the conclusion of a contract, which is a legitimate interest pursued by the Seller - Article 6(1)(f) of the GDPR,
- sending newsletters, after prior consent - Article 6(1)(a) of the GDPR.
The recipients of the Buyer's personal data include: courier companies, tax offices, accounting firms, law offices, hosting providers, invoicing system providers, CRM system providers, and mailing system providers.
Due to the use of the Mailerlite mailing system, the personal data of Buyers who have subscribed to the newsletter is transferred to the Mailerlite provider and stored on servers located in the European Union. The Mailerlite provider guarantees an adequate level of personal data protection.
The Buyer's personal data is stored in the Seller's database for the duration of the business operations to ensure the ability to identify returning customers. However, the Buyer may object to this and request the removal of their data from the Seller's database. If such an objection is made before the expiration of the statute of limitations for claims arising from the contract, the Seller will have a legitimate interest in retaining the Buyer's data until the statute of limitations period expires. Accounting documentation containing the Buyer's personal data is stored for the period required by law.
The rights of the Buyer related to personal data processing include the right to request access to personal data, their rectification, deletion, restriction of processing, the right to object to processing, the right to data portability, and the right to lodge a complaint with the President of the Office for Personal Data Protection.
Providing personal data by the Buyer is voluntary but necessary to contact the Seller, conclude a contract, or subscribe to the newsletter.
The store uses cookie technology.
Details regarding personal data and cookies are described in the privacy policy available at https://dressup-polska.pl/strona/polityka-prywatnosci.
§ 10
Intellectual Property Rights
The Seller hereby informs the Buyer that the content available on the store's pages and elements of physical products (e.g., graphic designs) may constitute works within the meaning of the Act of February 4, 1994, on Copyright and Related Rights, to which copyright belongs to the Seller.
The Seller informs the Buyer that further distribution of copyrighted content by the Buyer without the Seller's consent, except for personal use within the scope of permissible use, constitutes an infringement of the Seller's copyright and may result in civil or criminal liability.
§ 11
Out-of-Court Methods of Complaint Resolution and Claims Enforcement
The Seller agrees to submit any disputes arising in connection with the sale of goods to mediation proceedings. Details will be determined by the parties involved in the conflict.
Consumers have the option to use out-of-court methods for resolving complaints and enforcing claims. Among other options, Consumers may:
- submit a request to a permanent consumer arbitration court for the resolution of a dispute arising from the concluded sales contract,
- approach the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for an amicable resolution of the dispute between the Buyer and the Seller,
- seek assistance from a district (municipal) consumer rights advocate or a consumer protection organization.
Consumers can also use the ODR platform available at http://ec.europa.eu/consumers/odr. This platform is designed to resolve disputes between consumers and businesses seeking an out-of-court settlement for contractual obligations arising from online sales agreements or service agreements.
§ 12
Final Provisions
The Seller reserves the right to introduce and withdraw offers, promotions, and change product prices in the Store without prejudice to the rights acquired by the Buyer, particularly the terms of contracts concluded before such changes.
The Seller reserves the right to amend the Terms and Conditions without prejudice to the rights acquired by the Buyer based on contracts concluded prior to the change of the Terms and Conditions.
All disputes related to contracts concluded through the Store will be adjudicated by a Polish common court with jurisdiction based on the Seller’s place of business. This provision does not apply to Consumers, for whom jurisdiction will be determined according to general rules. Starting from January 1, 2021, this provision will also not apply to individuals entering into contracts with the Seller directly related to their business activity, provided that the contract does not have a professional character for that person, particularly based on the subject of their business activity as defined in the Central Register and Information on Economic Activity; for such individuals, jurisdiction will be determined according to general rules.
All archived versions of the Terms and Conditions will be available for download in .pdf format—links will be provided below the Terms and Conditions.
The regulations for individual competitions organized by the Seller are available here.
§ 13
Reviews in the Online Store
Customers of the Online Store have the option to voluntarily and free of charge submit reviews regarding their purchases made in the Online Store. Reviews may include evaluations, photos, or descriptions of the purchased products.
After purchases are made in the Online Store, the Seller provides the necessary data to create an email invitation to a company that manages the survey process. The sending of surveys and the collection of reviews in forms is fully managed by TrustMate SA, located at Bartoszowicka 3, 51-641 Wrocław. TrustMate SA sends an email to the Customer requesting a review along with a link to an online form that allows for submission of the review. This online form enables the Customer to respond to the Seller’s questions about their purchases, rate them, add their own description, and include photos of the purchased product. If the Customer does not submit a review after receiving the first invitation, TrustMate may resend the invitation.
A review can only be submitted by a Customer who has made purchases in the Seller’s Online Store. Reviews submitted by Customers are published by the Seller in the Online Store and on the TrustMate.io profile.
Submitting a review cannot be used by the Customer for illegal activities, particularly actions constituting unfair competition against the Seller, or actions that violate personal rights, intellectual property rights, or other rights of the Seller or third parties.
Reviews may only be submitted for products that have actually been purchased in the Seller’s Online Store. It is prohibited to enter into fictitious or sham sales agreements for the purpose of submitting a review. The Seller or its employees, regardless of their employment basis, may not be the authors of the reviews.
A submitted review may be removed at any time by its author.