Terms & Coditions
ANIMALS WAVE ONLINE STORE – TERMS OF SALE
- These Terms of Sale (hereinafter referred to as “ToS”) govern the terms and conditions of using the Animals Wave online store on www.animalswave.com (hereinafter referred to as the “Store”).
- The store is the property of Natalia Zwierzyńska operating business under the business name Natalia Zwierzyńska Animals Wave “ at Beli Bartoka 24, lok. 95, 92-547 Łódź, on the basis of a record in the Polish Central Business Registration and Information Service, Tax Identification Number (NIP): 7282756065, Business Statistical Number (REGON): 101788257 (hereinafter referred to as the “Seller”).
- You can contact the Seller:
- By email at: firstname.lastname@example.org;;
- By postal mail to: ul. Beli Bartoka 24 lok. 95, 92547 Łódź, POLAND
- As part of their business, the Seller delivers the clothing Products (hereinafter: "Products") purchased by the Buyers against payment.
- The information about the Products available on the Store, in particular their descriptions, technical parameters, performance characteristics and prices, is deemed to be an invitation for you to make an agreement for the supply of digital content within the meaning of Article 71 of the Civil Code of 23 April 1964 (hereinafter referred to as the “Civil Code”).
Any capitalized words and terms used in these Terms of Sale shall have the following meanings:
- Business Day means a day that is not a public holiday within the meaning of the Public Holiday Act of 18 January 1951;
- Customer or you means the User or Buyer;
- Civil Code has the meaning defined in Section 1(6) of these ToS;
- Consumer means an individual making a legal transaction with the Seller which is not directly related to their business or professional activity;
- Account - a panel created in the Store's computer system, enabling the User to use its functionality, in particular to purchase Products;
- Buyer means a person that is a Consumer, Entrepreneur, or Entrepreneur with Consumer’s Rights that has made an Agreement for the Supply of Product the Seller or has taken steps intending to make that Agreement;
- Products means a clothing product available in the Store that can be purchased by the Buyer;
- Agreement for the provision of Account Services - agreement for the provision of services by electronic means within the meaning of the Act of 18 July 2002 on the provision of services by electronic means, the subject of which is the gratuitous creation and maintenance of an Account by the Seller for the User for an indefinite period of time;
- Seller or we, us or our has the meaning defined in Section 1(3) of these ToS;
- Agreement means the Agreement for the Supply of Digital Content or Account Agreement;
- User means a person that is a Consumer, Entrepreneur, or Entrepreneur with Consumer’s Rights that has made an Account Agreement with the Seller or has taken steps intending to make that Agreement;
- Order means the Buyer's statement made for the Seller of the number and type of Products the Buyer wishes to purchase.
- If you want to take advantage of all the functionalities of the Store, you must meet all the following conditions:
- Have an Internet connection;
- Have hardware enabling you to access Internet resources;
- Have an active e-mail account.
- You must not use any viruses, bots, worms or other computer codes, files or programs (in particular, process automation scripts and applications or other code, files or tools) within the Store.
- We use cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular, to prevent unauthorized access to data; such securities include SSL encryption, use of access passwords and anti-virus or anti-wanted software.
- Despite applying the safeguards referred to in Subsection 3 above, we cannot guarantee that using the Internet and electronic services will be free of risk of malware gaining access to the ICT system or your device or free of risk of unauthorized persons gaining access to the data stored on this device. To minimize that risk, we recommend using anti-virus programs or other means preventing your identification on the Internet.
- You agree to use the Store in compliance with generally applicable law, these Terms of Sale and good mores.
- Providing unlawful content is prohibited.
- In order to create an Account, the User should perform the following steps:
- enter the Shop website;
- click on the "sign in" tab and then select the "no account" option
- enter the following mandatory data in the form that appears:
- first name,
- e-mail address,
- the created password for the Account;
- click on the "create account" option.
- The User gains access to the Account immediately after clicking on the option "create account".
- Clicking the "create account" option is equivalent to concluding an Agreement for providing the Account Service by the User.
- After creating an Account, the User may supplement the compulsory data saved therein with the following optional data:
- address of residence;
- telephone number;
- e-mail address
- name and surname.
- By means of an Account, the User may, in particular, store data and view submitted Orders.
- The User may at any time and without providing reasons terminate the Agreement for the provision of the Account Service with immediate effect by deleting the Account. In order to do so, the User shall log into the Account, click on the option "edit data" and then "delete account".
- Seller may terminate the contract for the provision of Account Services with immediate effect and remove the Account if the User uses the Store in a manner inconsistent with the generally applicable law, the provisions of the Rules of Procedure, as well as with good manners or provides content of an illegal nature.
Deletion of the Account does not affect the execution of sales contracts for Products concluded by the User before deletion of the Account.
- All the prices of Products available in the Store are expressed in euros (EUR) and represent gross value (they include all mandatory price components, including applicable VAT).
- If you want to buy a Product, you must:
- Go to the Store website;
- Open the tab of a given product and click “Add to basket”;
- Open the tab “Basket” and click “Place order”;
- Enter or select the following details in the form displayed:
- country of delivery,
- postal code,
- e-mail address,
- method of delivery,
- method of payment,
- first name,
- telephone number,
- address (street, house number, apartment number, city, postal code, country);
- You must tick the checkbox next to the statement acknowledging that you agree to have the digital content supplied and as such, you waive your right to withdraw from the agreement.
- Optionally, you may tick the checkbox next to the statement acknowledging that you agree to receive emails from the Seller with marketing information about new products, promotions and events;
- Add to the Order a discount code or comment for the Seller;
- After placing an Order, you will receive an order confirmation e-mail to the provided e-mail address.
- Immediately after the payment is credited to our bank account, we will provide you with the purchased Product by sending it to the email address you provided. The receipt of the message referred to in the preceding sentence shall be tantamount to the conclusion of the Product sales agreement between the Seller and the Buyer;
- If a submitted Order is not paid within [...] days from its submission or its implementation is impossible, the Seller is entitled to cancel the Order. The Buyer is informed about cancellation of the Order by a message sent to the e-mail address provided by the Buyer. If a cancelled Order has been previously paid for by the Buyer, the Seller shall immediately refund all payments made by the Buyer.
- The Seller is obliged to deliver the purchased Product to the Buyer in a defect-free condition.
- The Seller ships the Products to addresses located in the territory of the Republic of Poland and the EU countries, the United States and Australia.
The shipping costs of the Product shall be borne by the Buyer.
In case of shipping to countries outside the European Union, the Buyer shall bear the costs of customs charges. The Buyer may find the exact amount of due charges on the website of the Integrated Tariff of the European Communities (TARIC), which contains the current rates of due charges (http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310).
The Product is shipped within 10 working days from the date of booking the payment for the Product on the Seller's bank account.
The Product is delivered to the Buyer - according to his choice made while placing the Order - by courier or to a parcel machine chosen by him.
The Product delivered to the Buyer should be in an intact condition.
If the Product is delivered by a courier, the Buyer should check the Product in his presence. If the package is damaged, the Buyer should write a damage protocol and contact the Seller.
Right of withdrawal from the sales contract
- The Consumer has the right to withdraw from the contract of sale of the Product without giving any reason within 14 days from the date on which he or she or a third party indicated by the Consumer, who is not a carrier took possession of the Product.
The right of withdrawal shall be exercised by the Consumer by submitting to the Seller a statement of withdrawal from the sales contract of the Product. In order to meet the withdrawal deadline it is sufficient to send the withdrawal declaration before the deadline referred to in paragraph 1 above.
The statement of withdrawal should be sent by the Consumer by e-mail to the following address: email@example.com or attached to the package with the returned product. The statement referred to in the preceding sentence should include:
- name and surname of the Consumer;
- mailing address;
- clear statement of withdrawal;
- number of Order;
- the date of the Order.
The Seller shall send the Buyer an immediate confirmation of receipt of the notice of withdrawal on a durable medium by e-mail.
In the case of exercising the right of withdrawal, the Buyer shall send back the Product to the Seller within 14 days from the date of withdrawal. To meet the deadline referred to in the preceding sentence, it is sufficient to send back the Product before its expiry.
The Product should be sent to the following address:
„Natalia Zwierzyńska Animals Wave
- Rokicińska 26
The consumer shall bear the direct costs of returning the Product.
A refund of payment made by the Consumer shall be made upon receipt by the Seller of the returned Product or proof of its return by the Consumer, whichever occurs first. Reimbursement shall be made using the same method of payment as was used by the Consumer in the original transaction, unless the Consumer expressly agrees to a different solution. The Consumer shall not bear the cost of returning the payment made.
- The Consumer shall be liable for any decrease value of the Product resulting from the use of the Product in a manner other than that necessary to establish the nature, characteristics and functioning of the Product.
Complaints about Products
- The Seller shall provide the Buyer with the statutory warranty if the Product purchased by the Buyer has a physical or legal defect. Buyer’s rights under the statutory warranty shall be executed as specified in Section 556 et seq. of the Civil Code, subject to Section 9 hereof.
- Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty towards buyers who are not consumers is excluded.
- If you want to make a complaint regarding defects in the Product, you should email the following information to the following address: firstname.lastname@example.org:
- a scan of a self-signed claim declaration, including:
- name and description of the Product,
- Order number,
- details of the Consumer (name and surname, correspondence address, e-mail address, telephone number),
- precise description of Product defects,
- transfer details,
- a scan of the proof of purchase of the Product;
and then send these documents in hard copy together with the Product to the following address:
„Natalia Zwierzyńska Animals Wave
- Rokicińska 26
- Costs of returning the Product shall be borne by the Consumer. In the case of accepting the complaint, the Seller shall reimburse to the Consumer the costs referred to in the preceding sentence.
- Your complaint will be handled within 14 days from the date we receive the complaint containing all the elements indicated in Subsection 3 above. If you do not receive any response within the period specified in the preceding sentence, it means we found your complaint well-founded.
- We will send you the response to your complaint by email.
- If it is not possible to remove a defect from the Product or to replace it with a Product free from defects, we will inform you that you have the right to demand a partial refund or withdraw from the Agreement for the Supply of Digital Content. Depending on your choice, we will give you a partial or full refund for the defective Product within 14 Business Days from the day you choose one of the options we offer.
The Customer may lodge a complaint also in the event of improper functioning of the Store or any of its elements.
The complaint referred to in section 8 above should be sent by the Customer by e-mail to the following address: email@example.com. It should include:
- the Customer's first and last name,
- e-mail address,
- description of irregularities noticed.
Section 8(5) and Section 8(6) hereof shall apply accordingly to the complaint referred to in Subsection 8 above.
Seller’s Intellectual Property
- Any use of Seller's intellectual property (The Store name, the Store logo, trademark, Photos and descriptions of Products without Seller's prior express consent is prohibited.
Out-of-Court Dispute Resolution
- There are various out of court complaint and redress mechanisms available to the Customer.
- Detailed information about out-of-court complaint and redress procedures and how to initiate them is available in the registered offices of the following institutions and on the websites:
- District (municipal) consumer advocates, social organizations whose statutory activities include consumer protection;
- Regional Inspectorates of Trading Standards Association;
- Office of Competition and Consumer Protection.
- You may also use the online dispute resolution (ODR) platform available on: http://ec.europa.eu/consumers/odr/.
- We may amend these ToS if:
- Our objects change;
- Technical modifications to the Store are made that require these ToS to be adapted;
- We have a legal obligation to make some modifications, including the obligation to adapt the ToS to the current legal status.
- We will inform the Customer of any modifications of these ToS by publishing the updated ToS on the Store's website at least 14 days before the modifications take effect. The amended version of these ToS will be sent to the Users by e-mail by the date mentioned above.
- Any Agreements for the Supply of Digital Content made before the effective date of the amended ToS shall be governed by the provisions of the then effective ToS.
- If you do not accept the changes to the ToS, you may terminate the Account Agreement with immediate effect before the changes to the ToS take effect. To do so, you have to delete your account. If you do not send your notice, it shall be deemed as your consent to the provision of electronic services by the Seller in compliance with the non-profit amended ToS.
Last updated: 05.10.2020 r.