Terms and conditions of the Sun.Sea.Salt online store
- The Sun.Sea.Salt online store available under the https://sunseasaltstore.com is administered by IPATROL Mateusz Wietecha, ul. Wrzeciono 12/174, 01-961 Warsaw, NIP no. 521-36-68-138, REGON no. 147148830
- These Terms and Conditions are directed to both Customers and Businesses that use the Store and define the rules for the use of the online Store and the rules and procedures for concluding Sales Contracts with the Customer remotely through the Store.
- The use of the Online Store and the placement of an Order shall constitute an acceptance of these Terms and Conditions and a statement that its contents have been familiarized with.
- Orders may only be made by persons over the age of 18 and who are not under the supervision of a legal guardian.
These Terms and Conditions contain capitalized terms which shall have the following meaning:
Customer: A natural person entering into an agreement with the Seller by way of the Store, the subject matter of which is not connected with that person’s business or profession.
Client: An entity that purchases via the Store.
Business: a natural person, legal entity, legal person or organizational unit that uses the Store but which is not a legal person and whose legal capacity is granted by a separate statute and carries out economic activity in its own name.
Store: The online store administered by the Seller under the website https://sunseasaltstore.com.
Distance Contract: a contract entered into with the Customer within the framework of a structured remote contracting system (within the Store) without the physical presence of the parties, with exclusive use of one or more means of remote communication up to and including the conclusion of the contract.
Terms and Conditions: The regulations of the Store.
Order: A statement of will of the Client submitted using the Order Form and aimed directly at the conclusion of a Product or Products Sales Contract with the Seller.
Account: The Client’s account in the Store where data regarding it is stored including data on the Orders made by it in the Store.
Registration Form: a form available in the Store which allows for the creation of an Account.
Order Form: an interactive form available in the Store which allows for an Order to be made, specifically by adding Products to the Cart as well as specifying the terms of the Sales Contract, including the method of delivery and payment.
Cart: a part of the software of the Store which shows the Products that the Client has chosen to buy, also allowing for the determination and modification of the details of the Order, including the number of products.
Product: a movable object that is available in the Store which is the subject matter of the Sales Contract between the Client and the Seller.
Sales Contract: A contract of sale for the Product entered into between the Client and the Seller by way of the online Store. The Sales Contract is also understood to mean, according to the Product’s features, a service contract and a contract of specific work in the case of customized work, on the basis of the information provided by the Client.
Contacting the Store
The Client may contact the Store and the Seller through the use of the details provided below:
- The Seller’s correspondence address: ul. Puławska 231, 02-715 Warsaw
- The Seller’s e-mail address: email@example.com
- The Seller’s bank account number: 26 2490 0005 0000 4001 0018 80605.
In order for the Client to use the Store and make orders for the products offered, the following requirements must be satisfied:
- having an end device with internet access with Google Chrome, Mozilla Firefox, Safari
- having an active email account;
- accepting cookies;
- installing “Flashplayer 188.8.131.52”
- The Seller to the fullest extent permitted by law shall not be liable for any interruption in the operation of the Store due to force majeure, unauthorized acts of third parties or incompatibility of the online Store with the Client’s technical infrastructure.
- Browsing the Store’s wares does not require the creation of an Account. Placement of orders by the Clients for Products from the Store’s wares is possible either after the creation of an Account in accordance with the provisions of these Terms and Conditions, or by providing the necessary personal and address data to enable the Order without creating an Account.
- The prices quoted in the Store are in Polish zlotys and are gross prices inclusive of VAT, and do not include the costs of shipping the Product to the Client.
- The ultimate (final) amount to be paid by the Client shall consist of the price of the Product and the cost of delivery (including transport, delivery and postal fees), which the Client is informed about on the Store’s website during the Order submission process, including the moment the willingness to enter into the Sales Contract is expressed.
Creating an Account in the Store
- In order to create an account in the Store, the Registration Form must be filled out. The following data is required: forename, surname, address, phone number, e-mail and password.
- Creating an account in the Store is free of charge.
- Logging in into the Account is done by providing the login and password as set in the Registration Form.
- The Client may delete its Account at any point in time, without providing the reasons and without incurring any monetary penalties, by sending an appropriate request to the Seller by e-mail or in writing to the contact details provided in these Terms and Conditions.
The Rules for making an Order:
In order to make an Order, the Client must:
- Log in to the Store (optional).
- Choose the Product to Order, specifying the size and, depending on the Product that is being ordered, the provision of the following parameters may be required: the size of the bra and the size of the panties – or size of a one-piece costume, and then clicking “Add to Cart”.
- Log in to the Store or choose proceed with the Order without registering.
- If the option to make an Order without registration is chosen – fill out the Order Form by including the Client’s information such as address, telephone number and e-mail, and if the recipient is different than the Client itself, provide other delivery details including forename, surname of the addressee and the type of shipment (delivery method).
- Choose one of the available payment methods and, depending on the method chosen, pay for the order within a time limit of 3 days.
- Choose the product and size, click “add to cart”, enter a coupon if applicable, choose the method of delivery and click “complete the order”, fill out the personal details including the delivery address, select the payment method and click “submit your order”.
- Placing an order entails a payment obligation.
Proposed methods of delivery and payment
- The Client may use the following methods of delivery of the ordered Product:
- Postal service
- DPD Courier delivery
- The Store allows for payment to be made via electronic payments or by bank transfer to the Seller’s bank account.
- The Client chooses the method of delivery and accepts the payment method when making the Order.
Performance of the Sales Contract
- The conclusion of the Sales Contract between the Client and the Seller occurs after the Client places an Order through the use of the Order Form in the online Store.
- After the Order is placed, the Seller confirms its receipts without delay and simultaneously starts to process the Order.
- Confirmation of the receipt of the Order and its processing is effected by the Seller sending the Client an appropriate e-mail to the address provided in the Order, which contains the Seller’s statement of receipt and its decision to process the Order and confirmation of the conclusion of a Sales Contract.
- Upon receipt of the above e-mail, the Sales Contract between the Client and the Seller is concluded.
- If the Client pays by bank transfer, electronic payment or by card, the Client is obliged to make payment within the deadline indicated in the “Rules for making an Order” – otherwise the Order will be cancelled and the contract will be considered null and void.
- The Product will be sent by the Seller within the time specified in the description, in the manner chosen by the Client when making the Order.
- If Products with varying dates of delivery are chosen, the furthest indicated date shall be the date of delivery.
- The start of the delivery period of the Product to the Client shall be calculated from the date the Client’s payment is registered on the Seller’s bank account.
- The delivery costs provided on the Store’s website are for the delivery of the product in Poland.
- The delivery of the Product outside the Republic of Poland takes up to 14 working days, and the delivery price to EU Member States is PLN 15 (Polish Post) or PLN 70 (DPD courier).
- Delivery of the Product to the Client is chargeable. The costs of delivery of the Product (including shipping, delivery and postal charges) are indicated to the Client on the Store’s website when Products are added to the Cart in the “Sum” tab, and are also indicated when the Client expresses its willingness to enter into the Sales Contract.
Right to withdraw from the contract.
- The Consumer may withdraw from the Sales Contract within 14 days without providing any reasons.
- The time period specified in point 1 above starts being calculated upon delivery of the Product to the Consumer.
- In the case of a Contract for many Products, that are delivered separately, in tranches or in parts, the time period specified in point 1 above shall be calculated from the date of delivery of the last item, part or piece.
- The Consumer may withdraw from the Contract by submitting a statement of withdrawal to the Seller. To satisfy the time period for the withdrawal from the Contract, it will suffice for the Consumer to send a statement before the expiration of this deadline.
- The statement may be sent by traditional post or by electronic post by sending a statement to the Seller’s e-mail address. The statement may also be made on a form that is attached to the Act dated 30 May 2014 on consumer rights Journal of Laws 2014, item 827, dated 9 March 2017, Journal of Laws 2017, item 683, however this is not mandatory.
- If the statement is sent by the Consumer by e-mail, the Seller will send a statement confirming the receipt of the statement of withdrawal from the Contract without undue delay.
The consequences of withdrawing from the Contract
- In the event of withdrawal from the Contract concluded at a distance, the Contract will be considered null and void.
- In the event of withdrawal from the Contract, the Seller shall, no later than within 14 days of receiving the Consumer’s statement of withdrawal, return all payments made by the Consumer to it without delay, including the costs of delivery, except for the additional costs of delivery if the Consumer chooses a delivery method other than the simplest method of delivery offered by the Seller.
- The Seller shall reimburse the payment using the same methods that were used by the Consumer in the initial transaction, unless the Consumer expressly agreed to a different solution that does not incur additional costs for it.
- The Seller may withhold the reimbursement until the product has been returned or until proof of return is provided to it, whichever occurs first.
- The Consumer shall send the product to the Seller’s address provided in these Terms and Conditions without delay, no later than within 14 days of its statement of withdrawal from the Contract. This deadline will be met if the Consumer sends the Product before the lapse of this 14-day period.
- The Consumer is liable only for the reduction in value of the Product resulting from its use for purposes other than that necessary to establish the nature, features and functionality of the Product.
- The right to withdraw from the distance contract is not available to the Consumer in regard to contracts for:
- Prefabricated items, manufactured according to the specifications of the Consumer or with a purpose of satisfying its individual needs, in accordance with art. 12 item 1 point 12 and art. 38 of the Consumer Rights Act, which is to be construed as a Product made upon a Consumer’s special request after giving the required dimensions necessary to produce the Product.
- Items delivered in a sealed package, which cannot be returned for health or hygiene reasons, if the package has been opened after delivery – as in cases when the bottom of the bikini has been tried on.
- The provision of services, if the Seller has performed full service with the express consent of the Consumer, who has been informed prior to the provision of the service that it would lose the right to withdraw from the agreement after the service is provided by the Seller.
- Items that, following delivery, by their nature, are inseparably linked to other items.
- The Consumer bears the costs associated with the return of the items.
- The Sales Contract covers products that are new and without defects.
- In the event of a defective item purchased from the Seller, the Client has a right to lodge a complaint in accordance with rules on warranties contained in the Polish Civil Code.
- If the Client is a Business, the parties waive liability for warranties.
- Complaints should be lodged in writing or by electronic means to the Seller’s Store address provided in these Terms and Conditions. It is recommended for the complaint to include, i.a. a brief description of the defect, the circumstances (including the date of occurrence), the details of the Client lodging the complaint as well as the Client’s request in connection with the defective product.
- Goods sent back through the complaint procedure should be sent to the contact address provided in these Terms and Conditions.
- The Seller has 30 days within which to respond to the Consumer’s complaint, calculated from the day the complaint is received, in accordance with the Consumer Rights Act.
- The Seller shall not be liable for indirect losses which are the result of incidental loss or damage, such as the loss of anticipated benefits and other losses to the Client’s possessions which may be caused by, amongst others, failure to deliver the Product, or failure to meet other obligations under these Terms and Conditions.
- Subject to the preceding point 7, the maximum liability of the Seller for any loss or damage resulting from the order made cannot exceed the total value of the order.
Out-of-court complaint and redress procedures
- Detailed information regarding the Client’s possibility to use out of court complaint handling methods and redress as well as the rules governing the access to these procedures are available at the offices and websites of the county (municipal) consumer advocates, social organisations whose statutory tasks include consumer protection, the Voivodship Inspectorate of Trade Inspection and under the following websites of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php; http://www.uokik.gov.pl/wazne_adresy.php.
- The Consumer can use the following methods of out-of-court complaint handling and redress:
- The Consumer is entitled to seek redress at the permanent consumer arbitration court, referred to in Art.37 of the act dated 15 December 2000 on Trade Inspection (Journal of Laws 2014, item 148, as amended), by filing a claim requesting the initiation of mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
- The Consumer has a right to seek redress at the Voivode Inspector of Trade Inspection, in accordance with Art. 36 of the Act dated 15 December 2000 on Trade Inspection (Journal of Laws 2014, item 148, as amended), by filing a claim requesting the initiation of mediation proceedings for the amicable settlement of the dispute between the Consumer and the Seller.
- The Consumer can obtain free assistance in settling disputes between it and the Seller, and use the free assistance of the county (municipal) consumer advocate or social organisation, whose statutory tasks include consumer protection (Eg. Consumer Federation, Polish Consumer Association).
Personal data in the online Store
- The personal data collected from the Client in the online store is administered by the Seller as the personal data controller.
- The Client’s personal data collected by the Seller through the online store is collected to fulfil the Sales Contract, and, if the Client expressly consents, it may also be used for marketing purposes.
- In order to fulfil the contract, the following entities may be the recipients of personal data of the Store’s Clients:
- Selected carriers or agents making deliveries on the order of the personal data controller.
- In the case of a Client that uses electronic payments or pays by card, selected entities handling those payments in the online Store.
- The Client has the right to access and modify its personal data.
- The disclosure of personal data is voluntary, although the failure to disclose personal data specified in these Terms and Conditions and necessary for the performance of the Sales Contract results in the inability to conclude this contract.
- The contracts concluded via the online Store are concluded in Polish.
- The Seller reserves the right to make changes to these Terms and Conditions for significant reasons, such as: changes in the law, changes in payment and delivery methods – only to the extent that they affect the performance of the provisions of these Terms and Conditions. The Seller will inform the Client of any such changes 7 days in advance.
- In matters not regulated by these Terms and Conditions, the Polish acts of law apply, such as: the Civil Code, Act on Provision of Services by Electronic Means, Act on Consumer Rights, Personal Data Protection Act.
- The Client has the right to use out-of-court complaint and redress procedures. To this end it may file a complaint through the ODR online platform, available under the following website: http://ec.europa.eu/consumers/odr/.
- The Store complies with the code of good practice, with its actions based on its trust to its contractors, and its actions shaped by its willingness to satisfy the recipient of its services, the simplicity of its online store, the ease of processing orders and its close cooperation between the brand and the Clients.