Statute
The Regulations define the rules for the provision of sales services via the website of the online store operating under the domain: www.piapimo.pl . It is a document required under Article 13 of the Act of 30 May 2014 on Consumer Rights.
The owner and administrator of the store is:
PIAPI & MORE Aneta Kowalska
with its registered office in Dąbrówka at ul. Cisowa 22/1, 62-070 Dąbrówka,
NIP 6971917862, REGON 016264666,
tel. +48 535 009 200, e-mail: hello@piapimo.com
Before placing an order, the BUYER has the right to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following terms and conditions – within the limits permitted by law. These negotiations must be in writing to be valid. If the BUYER waives the option of concluding a contract through individual negotiations, the following terms and conditions shall apply.
A. Definitions
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ONLINE STORE – means that the AGREEMENT for the sale or provision of a service is concluded electronically and if the CONSUMER is a party to the contract, it is carried out under the conditions described in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).
SELLER and SERVICE PROVIDER – PIAPI & MORE Aneta Kowalska with its registered office in Dąbrówka at ul. Cisowa 22/1, 62-070 Dąbrówka, NIP 6971917862, REGON 016264666 – sales agreement concluded via the ONLINE STORE website www.piapimo.pl - CUSTOMER a natural person, a legal person and an organizational unit that is not a legal person, to which special provisions grant legal capacity, and which concludes or intends to conclude a contract or uses other services offered through the ONLINE STORE website.
- CONSUMER – CUSTOMER, a natural person concluding a legal transaction with the SELLER that is not directly related to its business activity – precise definition – Civil Code Art. 22.
- PRODUCT – an item offered for sale or a service offered in the ONLINE STORE.
- REGULATIONS – these Regulations of the ONLINE STORE.
- ORDER – a declaration submitted electronically or by telephone about the willingness to conclude a contract (order a product or service).
- SALES AGREEMENT – a PRODUCT sales agreement concluded remotely via the ONLINE STORE.
B. General provisions.
- Scope of activity – mail order sales via the website of clothing and textile products.
- Seller – in order to enable the conclusion of a contract, provides the following services via the website of the online store:
- The provision of electronic services in the above-mentioned scope is free of charge.
- The contract for the provision of electronic services consisting in enabling the submission of an Order in the Online Store by completing an order form is concluded for a fixed period of time – for the period of completing and processing the order – and is terminated upon submission and acceptance of the Order.
- The agreement for the provision of electronic services consisting of maintaining and administering the CUSTOMER Account on the WEBSITE is concluded for an indefinite period. The moment of conclusion is deemed the completion of the CUSTOMER registration process on the WEBSITE.
- The "newsletter" service is provided for an indefinite period. The agreement is concluded upon consent to receive newsletters at the CUSTOMER's address provided during registration.
- The CONSUMER may withdraw from the contract for the provision of services without giving reasons within 14 days of concluding the contract – except when the provision of the service begins before the expiry of this period with the CONSUMER’s consent – by submitting a declaration of withdrawal from the contract to the entrepreneur:
- In the case of a service concluded for an indefinite period, both parties have the right to terminate the contract:
- Complaints will be reviewed promptly, no later than within 14 days. Failure to review the complaint within this period will constitute acceptance of the complaint.
- To interface with the SERVICE PROVIDER's IT system, the CUSTOMER must have access to a computer or other device capable of communicating with the STORE website via the internet. In the case of a computer, the system should be equipped with a web browser (for example: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, or another device with similar parameters). Recommended monitor resolution – no lower than 1024×768. Mobile devices must be equipped with software – provided by the device manufacturer – enabling the performance of operations equivalent to those of the aforementioned computer browsers. An active email account is also required. To fully utilize all the ONLINE STORE features, JavaScript and cookies must be enabled. The use of scripts and cookies is discussed in the PRIVACY POLICY located in the tab on the ONLINE STORE website.
- CUSTOMER – is obligated to enter data into the system that is factually accurate, in accordance with the law, and in accordance with good practice. The data provided must not infringe upon the personal rights or property rights of third parties.
- The SELLER is a VAT payer and issues a sales document – a receipt or invoice – for each product sale transaction.
- Commercial information – price lists, descriptions, advertisements and other information about the Products available on the SELLER’s website constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- The provisions of these REGULATIONS are not intended to exclude or limit any rights of the CUSTOMER who is also a CONSUMER within the meaning of the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended) – to which he or she is entitled under applicable law. In the event of any inconsistency between the provisions of these REGULATIONS and the above provisions, those provisions shall prevail.
C. Order.
- The ONLINE STORE ships orders worldwide. For orders from abroad, shipping terms, including costs and delivery times, are negotiated individually.
- The SELLER complies with the Code of Good Practices within the meaning of the Act of 23 August 2007 on counteracting unfair market practices (content available at: www.uokik.gov.pl/download.php?id=546 )
- Before placing an order, the CUSTOMER must read these TERMS AND CONDITIONS. The CUSTOMER expressly confirms that they have read and accepted all provisions of these Terms and Conditions upon registration in the system and before final confirmation of the order. The order form will not be accepted without such confirmation.
- Orders can be placed electronically 24 hours a day, 7 days a week.
- Telephone orders can be placed using the telephone number provided in the CONTACT tab. In the case of a distance contract concluded by telephone, the SELLER confirms the content of the proposed contract by sending it to the CUSTOMER, recorded on paper or another durable medium. For the contract to be valid, the CONSUMER submits a declaration of acceptance of the terms and conditions and conclusion of the contract – this declaration is effective if recorded on paper or another durable medium after receiving confirmation from the SELLER.
- If the content of the contract states that its performance gives rise to an obligation to pay the amount due to the CONSUMER, for the contract to be valid, the CONSUMER is obliged to confirm his/her understanding of the obligation to pay the amount specified in the contract and submit a declaration by accepting the order using the following formula: "ORDER WITH OBLIGATION TO PAY".
- The order is fulfilled (preparation and shipment of PRODUCTS) by the SELLER:
- The order fulfillment time for products in stock is between 3 and 7 business days, counting from the date specified in the previous section. In most cases, we process orders within 48 hours. For custom-made products, the deadline will be specified when placing the order.
- If the CUSTOMER is a CONSUMER, the SELLER is obligated to deliver the item to the CUSTOMER immediately, no later than thirty days from the date of the contract, unless the contract provides otherwise. In the event of a delay by the SELLER, the CONSUMER may set an additional deadline for delivery of the item, and if this deadline expires to no avail, the CONSUMER may withdraw from the contract.
- If the SELLER declares that he will not perform this obligation, the other party may withdraw from the contract without setting an additional deadline.
D. Prices.
- Prices for products offered in the Store are gross prices in Polish zloty and include VAT. Prices do not include shipping costs, which are indicated at the time of order placement.
- The exact shipping cost is provided during order acceptance and depends on the shipping method and order value. The CUSTOMER selects the shipping and payment method and confirms their selection when completing the order form.
- The price binding on the CUSTOMER is the price current at the time of placing the order.
E. Payment methods:
- prepayment – by transfer to the bank account provided in the SELLER’s details or sent in the order confirmation;
- Przelewy 24 payment system – the service is provided by PayPro Spółka Akcyjna with its registered office in Poznań at ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under the KRS number 0000347935, Tax Identification Number (NIP) 7792369887, with the share capital of PLN 4,500,000.00, fully paid up, entered into the register of national payment institutions maintained by the Polish Financial Supervision Authority under the UKNF entity number IP24/2014, as a national payment institution.
- payment by payment card – the payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the KRS number 0000347935, NIP 7792369887, Regon 301345068;
- PayPal online payment system – a system administered by Paypal Polska Spółka z o. o. ul. E.Plater 53, 00-113, Warsaw;
F. Shipping of goods
- Shipping (delivery) costs are calculated according to the current courier rates and depend on the weight and size of the shipment, the chosen shipping method, and the selected payment method. The CUSTOMER is informed of the costs when completing the interactive order form, selects the shipping method, and accepts the shipping costs when placing the ORDER.
- Detailed information about shipping costs is available in the "Delivery" tab on the ONLINE STORE website.
- Delivery costs are borne by the CUSTOMER.
- In the case of shipping abroad, shipping costs and delivery time are determined individually.
- We ship purchased products via DPD courier.
G. Complaints and withdrawal from the contract (returns) in relations with CUSTOMERS who are not CONSUMERS (applies to entrepreneurs).
- This section of the Regulations applies only to relations with BUYERS who are not CONSUMERS.
- Upon receipt of the shipment containing the ordered products, the CUSTOMER who is not a CONSUMER is obligated to inspect the shipment in the time and manner customary for shipments of this type. If the CUSTOMER discovers that the Product has been lost or damaged during transportation, the CUSTOMER is obligated to take all necessary actions to determine the carrier's liability.
- The SELLER's liability towards a CUSTOMER who is not a CONSUMER, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the price paid and delivery costs under the concluded contract. The SELLER is liable towards a CUSTOMER who is not a CONSUMER only for typical damages that are foreseeable at the time the contract is concluded and is not liable towards a CUSTOMER who is not a CONSUMER for lost profits.
- Any disputes arising between the Seller/Service Provider and the CUSTOMER who is not a CONSUMER shall be submitted to the court having jurisdiction over the registered office of the SELLER.
- Regulations regarding the principles of warranty for defects and quality guarantees – not mentioned above – in contracts with entrepreneurs are adopted directly in the wording adopted in the Civil Code, Articles 556-581.
H. Right to withdraw from the contract (RETURN OF GOODS) in the case of distance selling involving the CONSUMER.
- A CUSTOMER who has concluded a distance contract may withdraw from it within 14 days without giving any reason and without incurring any costs other than those provided for by law (which constitutes a contractual right of withdrawal also granted to Customers who are not Consumers, i.e., individuals concluding a contract directly related to their business activities, when the content of the contract indicates that it is not of a professional nature for these individuals, arising in particular from the subject of their business activity, disclosed under the provisions of the Central Registration and Information on Business). To meet the deadline, it is sufficient for the Customer to submit a declaration to the Service Provider before its expiry. The Customer may submit any unequivocal declaration in which they inform of their withdrawal from the Sales Agreement. A declaration of withdrawal from the Sales Agreement may be submitted, for example:
- After sending the declaration, the CONSUMER is obligated to return the PRODUCT to the CORRESPONDENCE address provided in the SELLER's details within 14 calendar days (counted from the date of sending the declaration of withdrawal from the contract) – unless the SELLER has offered to collect the PRODUCT itself. The date of shipment determines whether the deadline has been met.
- The CONSUMER is liable for any reduction in the value of the item resulting from its use in a manner other than that necessary to establish the nature, characteristics and functioning of the item.
- The SELLER is obliged to immediately, no later than within 14 days from the date of receipt of the Customer's declaration of withdrawal from the contract and the goods in an unchanged state, return the payment made by the Customer to the Customer.
- The CUSTOMER bears the direct costs of returning the Product (the cost of sending the products back to the Service Provider).
- The SELLER does not accept parcels sent "cash on delivery".
- The shipment should be protected against damage during transport.
I. Liability under warranty and guarantee in the case of sales involving a CONSUMER.
- The SELLER is obliged to deliver the Product to the Customer free from defects.
- The basis and scope of the SELLER's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are specified in the provisions of the Civil Code, in particular in Article 556 et seq. of the Civil Code.
- The Seller is released from liability under the warranty if the CONSUMER knew about the defect at the time of conclusion of the contract.
- In the event of a defect or non-compliance of the delivered PRODUCT with the contract, the CONSUMER has the right to file a complaint.
- The complaint should be submitted electronically to the email address: hello@piapimo.com by submitting a completed complaint form – description of the complaint, scope of the complaint ( DrukReklamacyjny.pdf ).
- When using the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code:
- If it turns out that in order to consider the complaint it is necessary to deliver the complained goods to the Seller, the Customer is obliged to deliver these goods.
- The reduced price should be in proportion to the price resulting from the contract in which the value of the item with the defect is in proportion to the value of the item without the defect.
- The SELLER will review the complaint without undue delay. No later than 14 calendar days from the date of receipt of the complaint, and will inform the CONSUMER in writing or electronically about the status of the complaint within that time. Leaving the complaint unanswered within this time period is equivalent to accepting the complaint.
- After the complaint is accepted, the SELLER will reimburse the CONSUMER for the costs incurred by the CONSUMER in connection with the complaint. The SELLER will transfer the amount due to the CONSUMER to their bank account.
- If the acceptance of the complaint is related to the repair or replacement of the goods, the SELLER will send the product back to the CONSUMER at his own expense.
J. Processing and protection of the CUSTOMER's personal data:
The scope, purpose, and basis for processing the CUSTOMER's personal data by the SERVICE PROVIDER are specified in the PRIVACY POLICY. The PRIVACY POLICY can be found here .
K. Final Provisions
- The contract is concluded in Polish and under the jurisdiction of Polish law. However, this choice does not deprive the consumer of the protection afforded by provisions that cannot be derogated from by agreement, under the law of the country where the consumer has their habitual residence and the entrepreneur directs their business activities to that country, and the contract falls within the scope of that activity.
- The Regulations are available at all times in the REGULATIONS tab on the Seller's website and may be copied and printed by the Buyer at any time. The REGULATIONS may also be sent at any time by email or post at the CUSTOMER's request. The REGULATIONS, along with any attachments, are also delivered to CUSTOMERS as an attachment to the email confirming the order and conclusion of the contract.
- In matters not regulated in the Regulations, the provisions of Polish law shall apply, in particular the Act of 24 June 2014 on consumer rights (Journal of Laws of 2019, item 134), the Act of 23 April 1964 – the Civil Code (Journal of Laws of 2018, item 1025, as amended).
- If the REGULATIONS contain provisions that are inconsistent with the above-mentioned or other provisions in force in the Republic of Poland, these provisions shall take precedence over the wording of the REGULATIONS.
- If any provision of these TERMS AND CONDITIONS is deemed unlawful, invalid, or otherwise unenforceable to the extent permitted by law, it shall be deemed excluded to that extent. The remaining provisions of these TERMS AND CONDITIONS shall remain in effect.
- All names of the PRODUCTS offered for sale by the ONLINE STORE are used for identification purposes and may be protected and registered under the provisions of the Industrial Property Law (Journal of Laws of 2001, No. 49, item 5081, as amended).
- All product names and photos offered for sale by the Store are used for identification purposes and may be protected and registered under the provisions of the Industrial Property Law, the Copyright and Related Rights Act.
- Any disputes arising between a Customer who is not a Consumer and the Service Provider shall be resolved by the court having jurisdiction over the registered office of the Service Provider.