Terms and Conditions
Date of publication: 03.07.2020
All capitalized terms used herein and not otherwise defined shall have the meanings set forth below:
- “Store” means an online store available at chylak.com;
- “Seller” means Zofia Chylak-Widmańska doing business under the name Zofia Chylak-Widmańska, EU VAT number PL 118 159 70 53, Polish Statistical Identification Number REGON 146974571;
- “Product” and “Products” mean all products offered by the Seller for sale in the Store;
- “Customer” and “User” mean a person using the Store, a Store user;
- “Terms and Conditions” and “Terms” mean these Terms and Conditions, constituting a set of rules for using the Store and purchasing the Products;
- “Contract” means a contract of sale concluded by the Customer and the Seller via the Store. The rules resulting from the Terms and Conditions apply to contracts of sale.
§2 GENERAL INFORMATION
- To use the Store, each Customer must read these Terms and Conditions and accept them.
- By placing an order, the Customer agrees to use the Store in accordance with the provisions hereof, in the version in force on the date of placing the order.
- If the Customer does not accept these Terms and Conditions, it is impossible for him/her to use the Store and purchase any Products offered by the Seller.
- All Products offered for sale are new and unused.
§3. NEWSLETTER AND AVAILABILITY NOTIFICATIONS (WAITLIST)
- The Customer may sign up for notifications about Products and the latest events concerning the Chylak brand (“Newsletter”) by filling out the form on the Store’s website in the Contact or Newsletter tab (https://chylak.com/eu/en/contact).
- To subscribe to the Newsletter, the Customer must provide his/her email address to which (s)he wishes to receive the Newsletter, and confirm acceptance of these Terms and Conditions.
- The Newsletter is sent electronically (by e-mail).
- By providing an email address, the Customer agrees to:
- Processing his/her personal data in accordance with these Terms and Conditions in order to receive notifications about Products and the latest events concerning the Chylak brand (marketing purposes);
- Receiving commercial information from the Store within the meaning of Article 10 sec. 2 of the Act of July 18, 2002 on the Provision of Services by Electronic Means (unified text: Journal of Laws of 2019, item 123, 730) to the e-mail address provided during registration.
- The Customer can at any time unsubscribe from the Newsletter by clicking on the link at the bottom of each email (s)he receives.
- The Customer may sign up for a service of entering the Customer on the waiting list a one-time back-in-stock notification regarding the Product selected by the Customer (“Waitlist”), by filling out the form on the Store’s website next to the specific Product selected by the Customer.
- To receive the Availability Notification, the Customer must provide his/her e-mail address to which (s)he wishes to receive a one-time back-in-stock notification regarding the selected Product, and confirm acceptance of these Terms and Conditions. The notification is sent electronically (by e-mail).
- A one-time back-in-stock notification pertains to one selected Product at a time. To receive notification in respect of a greater number of selected Products, the Customer must sign up for waiting list for each of these Products.
- The provisions of § 3 para. 4 above apply accordingly.
§4 CONTRACT OF SALE
- The Customer concludes a Contract by placing an order on the Store’s website. The Contract is concluded between the Customer and the Seller. These Terms and Conditions constitute a model Contract.
- The sales process consists of the following: (i) adding Products to the bag; (ii) proceeding to checkout; (iii) confirming the content of the order as placed; (iv) payment; (v) verifying the order; (vi) confirming the order for implementation (conclusion of the Contract); (vii) delivery.
- To place an order and go through the order process:
- Choose Products from the available offer, their colors, sizes and quantity;
- On the Store’s website displaying a given Product, click “ADD TO BAG”;
- Click “PROCEED TO CHECKOUT”;
- Verify the list of ordered Products;
- Fill in contact details;
- Choose a delivery method and accept its cost;
- Choose a payment method;
- Confirm your order by clicking “PLACE ORDER”.
- Until the selection of Products is confirmed by clicking “PLACE ORDER”, the Customer can make changes regarding Products, contact details for the delivery of Products, delivery method, payment method, as well as the form of purchase confirmation, i.e. a receipt or VAT invoice (a change in this respect later on is impossible, e.g. it will not be possible to issue an invoice instead of a receipt once a receipt has been issued, or issue a correction of an invoice not required under the financial law; also it will be impossible to change in the purchaser’s details on the invoice, in particular as a result of resale).
- By clicking “PLACE ORDER”, the order is placed as indicated by the Customer.
- The order together with information about costs of the Product and its delivery will be displayed on the Store’s website.
- Immediately after placing the order, the Customer shall make the payment, using the selected payment method. Once the order has been placed, the Customer has 10 minutes to pay for it. After this time the order is automatically canceled.
- Once the order has been paid, an e-mail is sent to the e-mail address provided in the order, with a summary of information about the order, i.e. the type of Products, the value of the order, the chosen method of delivery and its cost, the payment method and the Customer’s contact details.
- Once the payment has been received and credited to the Store, the Seller processes the Customer’s order to verify it. After successful verification, the Seller accepts the order for implementation. The Customer will receive an electronic confirmation of the acceptance of their order for implementation (the so-called “Confirmation of order acceptance”) to the indicated e-mail address. The order is processed up to 14 business days from the time the payment is credited to a respective account.
- Orders can be placed 24 hours a day, 7 days a week. Orders placed on non-business days will be processed on the first business day following the day on which the order is placed.
- An order may be placed and will be processed only if the Customer provides the data necessary for the delivery of the Product, and also accepts these Terms and Conditions.
- The Customer may cancel his/her order until the moment (s)he receives the Confirmation of order acceptance from the Store. To cancel the order, the Customer should immediately contact the Store via firstname.lastname@example.org and inform about cancellation.
- Confirmation of order acceptance is the Seller’s decision. The Seller reserves the right to refuse to accept an order placed by the Customer, in particular if:
- The Customer has placed on order on the terms referred to in para. 15 below;
- The Customer’s contact details are incomplete or incorrect;
- Payment is not authorized in the electronic payment system selected when placing the order; or
- Payment has not been made within the required time limit;
- The Product is not available.
- If the order is not accepted and its execution is refused, the Customer will not receive the confirmation referred to in para. 9 above. In addition, the Customer will receive an e-mail from the Store informing that the offer has not been accepted, a contract of sale has not been concluded and the order has been canceled.
- Since the demand for Products offered by the Seller is high, in order to control periods of Products’ limited availability, the Seller hereby reserves that the Customer may purchase no more than (i) 2 (two) pieces of the same Product in one order; or (ii) 3 (three) pieces of different or the same Products in a calendar quarter counted from the date of acceptance of the first order for processing. In such cases, the Seller reserves the right to refuse to process an order placed by the Customer or to withdraw from the already concluded contract of sale (by way of a declaration made by e-mail within 14 days of the receipt by the Customer of the confirmation and e-mail referred to in para. 9 above).
- The Store offers delivery by courier to the address provided by the Customer.
- The order starts to be executed after the funds, paid by the Customer as the price and shipping costs, are credited to the Seller’s bank account in the selected payment system (PayPal or Braintree), and the order is successfully verified by the Seller.
- The Customer is informed about the cost of delivery of the Products in the ordering process. The Customer covers the cost of the Product’s delivery to the provided correspondence address.
- Once order is shipped the Customer will receive an email with all tracking details.
- In exceptional cases, in particular when there might be a delay in delivery of the Product, the time of order execution is additionally confirmed by an employee of the Store by e-mail or telephone.
- Products are delivered by UPS courier to the address indicated by the Customer in the order.
- The estimated delivery time of international orders is 5-7 business days from the day following posting. The delivery time for orders delivered by an external company (UPS) may be extended for reasons beyond the Seller’s control. The estimated delivery time of domestic orders is 1-2 business days from the day following posting.
- Upon receiving the delivery by courier, the Customer should, in the presence of the delivering courier, carefully check the contents of the shipment, the condition of outer packaging and condition of the ordered Product. If any damage is detected, the Customer should draw up a damage report with the courier, in two identical copies signed by the Customer and the courier.
§6 SALE, PRICE, PAYMENTS
- The price of a given Product on the Store’s website binds the parties from the moment the order is placed and the Customer receives confirmation from the Seller that the order has been accepted, irrespective of any subsequent changes in the Store.
- The Customer pays all costs associated with shipping the Product and customs.
- All product prices in the Store are gross. They are quoted in Euros (EUR), United States Dollars (USD) or British Pounds (GBP).
- The Customer may change the currency to another currency available in the Store by selecting a different language version.
- The method of payment for Products is selected by the Customer when placing the order. The Store offers 2 (two) payment methods:
- Electronic payment via PayPal; or
- Electronic payment via Braintree.
- The order’s processing begins after the Seller receives the payment for the Product and ends after the Customer receives the Product. Once the Product has been delivered, the risk associated with the Product (including loss or destruction) burdens the Customer.
- The Store reserves the right to change the prices of Products in the Store, introduce new Products for sale, carry out and cancel promotional campaigns on the Store’s websites, or make changes in accordance with the Civil Code and other applicable laws. These changes will not violate the rights of persons who have already concluded contracts of sale of the Products offered in the Store before the changes.
§7 RIGHT OF WITHDRAWAL
AND WARRANTY FOR DEFECTS
statutory right of withdrawal
1. The Customer may withdraw from the Contract within 14 (fourteen) calendar days (counting from the day following the delivery of the order), subject to para. 2 below, without giving any reason, subject to para. 3-5 below.
2. The right of withdrawal from the Contract concluded by the Customer does not pertain to Contracts for a Product manufactured according to the Customer’s specifications or serving to satisfy the Customer’s individual needs.
3. Products can be returned:
- By courier at the Customer’s expense to the following address: ul. Dobra 14/16, 00-388 Warsaw (mailing address only).
- Returns from within the European Union:
The Customer will be refunded by the Seller the equivalent of the Product purchase price and the one-time cost of delivery to the Customer up to the cheapest shipping fee in the Seller’s offer (i.e. UPS courier) (the shipping cost originally incurred when the purchase and delivery of the Product from the Store to the Customer was made). For the avoidance of doubt, the Seller will not refund the cost of returning the Product to the Seller.
- Returns from outside the European Union:
The Customer will be refunded by the Seller the Product purchase price. The Seller does not refund the costs of the Product’s delivery to the Costumer and its return to the Seller, as well as the costs associated with customs clearance incurred both when shipping and returning the Product.
4. The Seller does not cover the cost of returning the Product by cash on delivery (COD) shipping. If COD shipping is selected as a method of returning the Product, the Seller has the right to charge the Customer with all costs that will be incurred.
5. The Customer can withdraw from the Contract by submitting to the Seller a return form in writing. The declaration can be submitted on a form attached hereto: Download the Contract Withdrawal Form. The withdrawal declaration must be hand-signed.
6. The Customer sends the return form in hard copy to the following address: ul. Dobra 14/16, 00-388 Warsaw, attaching the document to the shipment containing the Product
7. To meet the 14-day time-limit specified in para. 1 above, the return form should be sent together with the returned Product before the expiry of this time-limit.
8. If the Customer withdraws from the Contract in the manner and within the time limit indicated above, the Contract is considered not executed.
9. Once the Contract is withdrawn from, the Customer must return the Product to the Seller with the labels sewn in, unused and clean, odorless, immediately, but no later than 14 days from the day on which (s)he withdrew from the Contract.
10. The Seller shall immediately, not later than within 14 days from the date of receipt of the Customer’s return form and delivery of the returned Product to the Seller, refund the Product’s purchase price to the Customer using the same method of payment as used by the Customer (in the case of payment by credit card, the payment will be refunded to the same credit card). The Seller may withhold the funds in the indicated period until the returned Product is delivered to the Seller.
11. The above rules shall apply to Customers from and outside the European Union. Customers from outside of the European Union are required to complete a customs declaration and clearly indicate in it that the shipment relates to the return of goods. The customs clearance card and invoice should agree as to value and currency, and be attached to the package marked as return.
warranty for defects
1. The Seller must provide Customers with Products with no defects. The Seller is liable to Customers who are consumers for non-compliance of the Product with the Contract (Product defects).
2. The Customer may file a complaint under the warranty for defects (Article 556 et seq. of the Act of April 23, 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended)). As part of a complaint procedure, the Customer may request one of the following four actions:
- Replacing the Product with a new one;
- Repairing the Product by the Seller;
- Reducing the Product purchase price, or
- Withdrawal from the Contract if the Product’s defect is significant.
The Customer may choose any of the above, and please note that the Seller may propose a different solution from among those indicated above within the time-limits provided for by the law.
3. The Customer should fill out a complaint form (Warranty Claim Form) and attach a receipt or other proof of purchase. Attaching a receipt or invoice can facilitate and speed up the processing of the Customer’s complaint.
4. The Customer sends the Product subject to the complaint, together with the complaint form Warranty Claim Form to the following address: ul. Dobra 14/16, 00-388 Warsaw.
5. The Seller may refuse to replace or repair the Product, if these actions cannot be performed by the Seller or cause excessive costs. In such a case, the Customer may change the claim.
6. Communication is carried out electronically.
7. When requesting a price reduction of the Product, the Customer shall specify the amount by which the price is to be reduced. If the Customer’s request to reduce the Product’s purchase price is the first choice made in the complaint procedure for a given Product, the Seller may offer replacement or repair.
8. The Customer may request withdrawal from the contract only if the defect of the Product is significant.
9. Natural leather is sensitive to external conditions and needs to be handled with care. Over time, some scratches, scuffs, abrasion, fading, discoloration might appear, the leather may soften, and the gloss layer may gradually rub off, yet these are normal process for this type of material. Similarly, metal fittings can change color over time. These are normal and unavoidable processes, as they result from normal tear and wear.
10. The Customer receives information on how his/her complaint is decided within 14 days from the day the Seller receives the Product.
11. If the complaint with the Product returned by courier is granted, the Seller will send to the Customer the Product in perfect condition (repaired or new), immediately, within 30 business days from the moment of granting the complaint, and if this proves impossible (e.g. Product is out of stock), the Customer shall be refunded by the Seller the equivalent of the Product’s purchase price and the one-time cost of delivery to the Customer up to the cheapest shipping fee in the Seller’s offer (i.e. UPS courier).
12. If the complaint is not granted, the Product shall be forwarded or sent back to the Customer together with the information on the lack of grounds for complaint.
product damage during transport
- If the Customer finds out that the Product has been damaged during transport, the Customer must draw up a damage report in the presence of the delivering courier.
- Complaints arising from a damage to the Product during transport are examined on the basis of a damage report drawn up by the Customer and the delivering courier.
- The Seller may refuse to accept the returned Product if it is damaged, if the return is made after the set time limit has expired, or the Product delivered to the Store is incomplete.
- The Seller does not accept COD shipments.
- The Seller accepts only Products sent back as courier shipments to the correct correspondence address.
- The provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) apply to all matters not covered in this §7.
§8 FINAL PROVISIONS
- Returns and complaints about Products should be sent by courier to the following address: ul. Dobra 14/16, 00-388 Warsaw (mailing address only).
- E-mail correspondence should be sent to: email@example.com.
- In any matters not covered by these Terms and Conditions, the applicable provisions of Polish law shall apply, including the Act of April 23, 1964 – Civil Code, the Consumer Rights Act of May 30, 2014, the Competition and Consumer Protection Act of February 16, 2007.
- In the event any provision of these Terms and Conditions is considered invalid, the remaining provisions shall remain in force.
- The Customer and the Seller shall resolve all disputes by way of talks, the purpose of which will be to settle the disputed matter by agreement. If it is impossible to settle the matter amicably, a common court shall be competent and have jurisdiction to settle disputes between the Customer and the Seller.
- The Seller reserves the right to amend these Terms and Conditions at any time. Amendments to the Terms are effective from the moment they are published on the Store’s website. Amendments to the Terms do not apply to orders placed by the Customer and executed by the Seller. The provisions of the Terms in force at the time of placing the order shall apply to accepted orders. Amendments to the Terms do not affect the Customers’ acquired rights.
- The Store’s administrator takes measures to ensure that the Store’s website works properly, to the extent that it results from current technical know-how, and undertakes to remove immediately any irregularities reported by Customers. The Store is not responsible for business disruptions caused by Internet failures.
- All photos, graphics, logos, publications and texts available in the Store are protected by the Copyright and Related Rights Act of February 4, 1994 (Journal of Laws 1994, No. 24, item 83). It is prohibited to unlawfully copy, multiply or distribute any content posted on the Store’s website.
Zofia Chylak-Widmańska doing a business under the business name Zofia Chylak-Widmańska, EU VAT number PL 118 159 70 53, Polish Statistical Identification Number REGON 146974571, is the data controller in respect of personal data of the Store’s Users (the “Controller”).
Use of personal data
The User personal data is processed for the purposes of:
- Conclusion and performance of orders and contracts of sale between the Controller and the User on the terms described herein;
- Marketing of the Controller’s own Products and services, including sending, upon prior consent, messages containing commercial information, in particular in the form of Newsletter, in the form of Availability Notification;
- Other purposes, arising from the legitimate interests of the Controller.
Providing personal data by Users is voluntary, but necessary to make transactions in the Store. When Users subscribe to the newsletter, electronic mailing with commercial information about promotions and new Products available in the Store will be sent to their e-mail address.
When placing an order in the Store, Users provide the following personal data:
- Email address;
- Address details – home address, zip code, city;
- Phone number;
- Name and surname.
When using the Newsletter or Availability Notification service, Users provide only their e-mail addresses.
Navigation data may also be collected from Users, including information about links and hyperlinks they decide to click, or other activities undertaken in the Store. If requested, the Controller will provide personal data to authorized state authorities.
The User personal data is secured by the Controller against unauthorized use, modification or destruction by the use of appropriate technical and organizational measures.
Cookies are used for the following purposes:
- Creating statistics that help understand how Users use the Store’s websites, which allows us to improve the Store’s structure and content;
- Adapting the Store’s content to the User’s preferences and optimizing the use of websites; e.g. cookies allow in particular to recognize the User’s device – its type (e.g. laptop, smartphone, tablet) and properly display a website adapted to the end device;
- Making sure that Users have read information about Cookies.
We can distinguish two categories of cookies:
Due to the lifetime of cookies:
(i) Permanent files that are stored on the User’s end device for a specified period contained in the file parameters or until they are physically removed from the end device by the User;
(ii) Session files are temporary files that are stored on the User’s end device until (s)he leaves the Store’s website.
Due to the purpose for which cookies files are used, we divide them into:
(i) Statistical files that are used to collect anonymous statistics for the Store;
(ii) Cookies that are used to ensure data security and confidentiality;
(iii) Functional files that make it possible to remember preferred functionalities of the Store;
Transfer of personal data to other entities
The User personal data is transferred to service providers used by the Controller when running the Store. In particular, personal data may be transferred to payment operators (e.g. PayPal or tpay.com) to make payments and to courier companies (e.g. UPS) to deliver the Product to the indicated address. If the User subscribes to the Newsletter or to the Availability Notification, the User’s email address and preferred language version will be forwarded to MailChimp.
Personal data will not be made available by the Controller to other entities, except for those with an appropriate legal basis, in particular if personal data is necessary to perform the contract to which the User is a party.
International transfer of personal data
The Seller’s servers are located in the European Union. The User data may be transferred to countries outside the European Economic Area. All of them meet the required rules for the storage and processing of personal data of citizens of EU Member States.
Storage and deletion of personal data
The User personal data will be stored by the Controller as long as it is necessary to perform the contract, and after that time for a period corresponding to the period of limitation of claims (in the scope of performance of contracts concluded by the User, e.g. contact details, correspondence and transaction records), until the User withdraws his/her consent (to the extent that data is processed on the basis of consent) or until the User objects.
Users can withdraw their consent to data processing for marketing purposes or consent to sending commercial information at any time by sending an e-mail containing information about withdrawal of consent with the indication which consent is withdrawn at: firstname.lastname@example.org. After withdrawing consent(s), the User will not receive marketing materials or commercial information from the Controller. The withdrawal of consent(s) does not affect the lawfulness of the processing that was carried out based on consent before its withdrawal.
It is possible to object to the processing of personal data by the Controller by sending an email message containing such objection to the following address: email@example.com
Once the objection has been submitted, the User will not receive any marketing materials from the Controller.
Users have the right to access their data and rectify, delete, limit processing and object to the processing. For this purpose, Users should contact the Controller by email at firstname.lastname@example.org