The capitalized expressions in this Terms and Conditions will have the following meaning unless otherwise stated in the Terms of Service:
1. Store – Internet store fluffkidswear.com
2. Goods – all products offered for sale in the Store
3. Customer – the person who purchases the Goods in the Store
4. Regulations – these regulations.
5. Sales Contract – the contract concluded by the Customer with the Store.
The contract is governed by the law of 2 March 2000 on the protection of certain consumer rights and on liability for damage caused by a dangerous product.
§2 GENERAL INFORMATION
2. These Regulations are addressed to Store Customers – defines the rules of placing orders in the Store and the rules of entering Sales Contracts.
3. Store allows to purchase goods via the Internet at fluffouterwear.com.
4. Information on the products in the Store, including descriptions and prices of the Goods, are the invitation to submit a bid to enter a Sale Contract within the meaning of article 71 of the Polish Civil Code., in accordance with the terms and conditions of the Regulations.
5. Photos and presentations of the offered Goods are exemplary and serve to present specific models.
6. Goods in the Store are marked in detail. The Customer has access to information about the characteristics of the Goods, their prices, the materials they are made of etc.
7. Store Customer is obliged to:
a) Use content posted on the Store’s website solely for own use;
b) Use the Store in a manner consistent with the law in force in the territory of the Republic of Poland and the provisions of the Regulations.
User may make an order for the service in the form of receiving the Newsletter by filling in the form on the website of the Store through which they agree to:
a) receiving from the Store commercial information within the meaning of article 10 section 2 of the Act of 18 July 2002
on the provision of electronic services to the e-mail address provided at the registration
c) the only customer personal data held by us are details provided during registration (* passwords are held encrypted without possibility of decryption) and any additional addresses provided via customer account or when placing an order.
d) we do not hold customers’ payment data (i.e., card details) provided when placing an order (payment by card on our website). Additionally, all data entered by our customers is encrypted with an SSL certificate. Since the beginning, our online shop allowed customers to view and edit their personal data held by us.
e) the GDPR now also requires us to allow customers to request a complete removal of their personal data from our shop. To meet this requirement, by the date GDPR comes to life, we’re implementing such an option. Customers will be able to request their account’s removal by clicking on a button in their customer account or by selecting the relevant option in the contact form. Please note, removal of customer’s account means complete and irreversible removal of customer’s data from our shop. * Our shop’s password verification is a comparison of encrypted password provided by customer and their encrypted password held in our database.
§4 CONCLUSION OF SALE AGREEMENT
1. The Customer may enter a Sales Contract by placing an order on the Store page. The Sales Contract is concluded between the Customer and the Store.
2. Orders can be placed 24 hours a day, 24 hours a day. Orders placed on non-working days will be made on the first working day from the date on which the order was placed.
3. The condition for placing an order on the website of the Store is to provide the Customer with the data necessary for the delivery of the Goods to the Customer and to generate an account.
4. In order to place an order, the Goods must be selected from the available offer, their colour, size and quantity, by adding them to the “Basket”.
5. Until the product selection is confirmed with the button “Place an order”, the customer can make changes and modifications of the Goods in the order as well as the contact details for the delivery of the Goods and the issue of the account.
6. Sending the order by the Customer (confirmation with the “Place order” button after selecting the payment) constitutes the Customer’s offer submitted to the Store for the purpose of concluding the Sales Agreement, in accordance with the Regulations.
7. After placing the order by the Customer, the confirmation will be shown on the Store’s website, a message will be sent to the e-mail address provided in the order, containing information about the ordered Goods, the value of the order, the selected type of delivery and payment, and the Customer’s contact details. This message is a confirmation that the Store has received an offer to purchase the Goods by the Customer.
8. In special cases, the quantity of the Goods that the Customer purchases may be limited, about which the Customer is informed each time when placing the order.
9. The customer receives confirmation of the acceptance of their offer for execution by electronic means (the so-called “Confirmation of order acceptance”) to the pre-given e-mail address. Receiving the above-mentioned confirmation concludes the Sales Agreement for the Goods ordered by the Customer.
10. The Sales Contract is concluded in accordance with these Regulations.
11. The Customer has the right to cancel the order before receiving the order confirmation from the Store. To this end, the Customer should immediately contact the Store by e-mail and inform the Store of the resignation of the order.
12. The store reserves the right to refuse the order under the Sales Agreement if the Customer’s contact details are incorrect, there will be no payment authorization in the electronic payment system selected during the order (PayPal, Stripe or Dotpay) or the payment has not been made within the specified time.
13. By submitting an order (by adding the Goods to the Cart and then paying for them), Customer is making an offer to the Seller (Store) to purchase the Goods. The Seller (Store) may, at its own discretion, accept such an offer or reject (cancel) it.
14. Acceptance of the offer submitted by the Customer is effective when the confirmation of the contract conclusion is sent electronically (via e-mail), thus confirming the acceptance of the order – in accordance with §4 point 9 of the Regulations. If the offer submitted by the Customer is rejected, the Seller will send information about the rejection by e-mail and will refund the fee to the bank account from which it was made.
15. In justified cases, especially in the case of a high price of the Goods, the Seller may use a special ordering procedure, in which the Customer will be obliged to pay an advance to place the order. The customer will be informed about the need to make an advance payment when placing the order. Store, together with the confirmation of the order acceptance, will enable the Customer to pay the remaining part of the price in the manner described in the Regulations
16. The Seller may cancel the order placed by the Customer who is not a Consumer (i.e. withdraw from the Sales Agreement within the meaning of Article 395 of the Civil Code) from the conclusion of the Sales Agreement until the expiry of 14 days from the date of Delivery of the Goods. Withdrawal from the Sales Agreement in this case may take place without giving a reason, particularly when the order indicates the purchase of the Goods for resale. Withdrawal does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
§5 DELIVERY AND RECEIVING
1. The deadline for placing orders in the Store, indicated during order placement, is the most probable time during which the order will be executed. In exceptional cases, the time of order fulfilment is confirmed by the Store employee by e-mail or by phone.
2. Products are delivered to the address indicated by forwarding companies, namely DHL, UPS, In Post. Product delivery charges are included in the order submission process. Estimated delivery time is up to 10 business day from the day following the shipment. The maximum period of order fulfilment should not exceed 14 working days, and in no case 30 days from the date of conclusion of the contract of sale.
3. The ordering process begins when the Customer’s order price and shipping costs appear on the Store’s account in the selected payment system (PayPal, Dotpay, Credit card transactions process through Dotpay.pl and Stripe, bank transfer)
4. Upon receipt of the package delivered by the courier, the Customer should in their presence carefully check the completeness of the contents of the consignment, the state of the outer packaging and the status of ordered goods. In case of damage to the consignment, the Customer should prepare with the courier the damage protocol, in two identical copies signed by the Customer and the courier.
§6 SALES, PRICES, PAYMENTS
1. The price of a given Product on the Store website is binding parties upon receipt of the confirmation by the Customer of acceptance of the order. The price referred to in the preceding sentence will not be altered irrespective of its changes in the Store, which may occur after the confirmation of acceptance of the order is sent to the Customer.
2. Prices of Goods in the Store are gross prices. The prices are given in EURO (€).
3. The method of payment for the Goods is chosen by the Customer. The Store allows Customer to make electronic payments in the payment system PayPal, Dotpay or bank transfer before delivery. Credit card transactions and money transfer are processed through Dotpay.pl or Stripe. Realization of the order starts after receiving the payment for the Goods.
4. The Store reserves the right to change the prices of the Goods in the Store, the introduction of new Goods for sale, the conduct and cancellation of promotional actions on the Store website or the introduction of changes in accordance with the Civil Code and other laws. These changes will not violate the rights of persons who have entered the Contract of Sale of the Goods offered in the Store before the above-mentioned changes.
5. In the event of the Customer selecting a ‘cash on delivery’ payment method, the customer is obliged to make a payment upon receipt of the item.
6. Available forms of payment:
• PayPal payments
• Dotpay payments
• Credit card transactions process through Dotpay.pl and Stripe.
• Bank transfer- transfer directly to Fluff` mBank bank account.
St. Szwejka 36, 20713 Lublin, Poland
Taxpayer Identification Number: 712-274-70-63
Bank account number: PL 81 1140 2004 0000 3702 7689 6217
§ 7 GUARANTEE, RETURNS AND COMPLAINTS
1. The Store as a seller is liable to the consumer being a Consumer within the meaning of article 221 of the Civil Code. For the nonconformity of the Goods purchased by the Customer with the Sales Contract, to the extent specified by the Law on special terms of consumer sale and amendment of the Civil Code of 27 July 2002.
2. All goods offered in the Store are new. Photos of the goods are exemplary, as most of the goods are handmade, with exceptional materials. There may be slight differences in the appearance of the products.
3. The Store reserves the right to make changes to the prices and quantities of the Goods in the Store, during the day, to withdraw or introduce particular products to the Store offer, to carry out and withdraw promotional campaigns on the Store website, as well as to modify them.
4. Any item purchased in the Store may be complained about within the applicable terms and conditions of the complaint if there are defects stating its non-compliance with the Sales Contract.
In order to start the complaint process, please download and fill in the complaint form (Download the complaint form), which, together with the goods, should be returned to the address:
Aleja Kraśnicka 215A
20718 Lublin, Poland
5. The Customer will receive information about how the complaint will be handled within 14 days from the date of receipt parcel of the complained Goods by the Store. In the case of a positive courier complaint processing, the Store will send to the Customer a full or repaired product within 14 days, and if this is not possible (e.g., it is out of stock), the Store will refund the full price of the Goods price paid. In case of non-consideration of the complaint, the Goods will be returned together with the opinion about the complaint’s negligence.
6. In the event of damage to the Goods during the transportation to the Customer, the Customer shall prepare a protocol of damage in the presence of the courier. Complaints arising from damage to the Goods during transportation will be dealt with based on the damage protocol drawn up by the Customer and the courier.
7. The Customer has the right to withdraw from the Sales Contract without giving a reason within 14 days from the date of receipt of the Goods. The Goods are subject to return within 14 days from the date of receipt together with the return form, which is a document confirming the return (Download the Return Form) to the address:
Aleja Kraśnicka 215A
20718 Lublin, Poland
8. Returnable merchandise has original tagged tags, is unused and clean, odourless.
9. Money will be returned to the account number given to Customer by the Customer within 14 days of receipt by the Store. If payment is made using a payment card, The Store will refund money to the bank account assigned to the payer’s card.
10. The Store reserves the right to refuse acceptance of the Goods in the event of the return of a defective Goods, return made after the expiry of the time limit or delivery to the Store of defective Goods, i.e., incomplete.
11. Shipping costs relating to return / replacement of the Goods remain to be borne by the Customer. The Store does not accept Goods shipped in ‘cash on delivery’ method.
2. The only customer personal data held by us are details provided during registration (* passwords are held encrypted without possibility of decryption) and any additional addresses provided via customer account or when placing an order.
3. We do not hold customers’ payment data (i.e., card details) provided when placing an order (payment by card on our website). Additionally, all data entered by our customers is encrypted with an SSL certificate. Since the beginning, our online shop allowed customers to view and edit their personal data held by us.
4. The GDPR now also requires us to allow customers to request a complete removal of their personal data from our shop. To meet this requirement, by the date GDPR comes to life, we’re implementing such an option. Customers will be able to request their account’s removal by clicking on a button in their customer account or by selecting the relevant option in the contact form. Please note, removal of customer’s account means complete and irreversible removal of customer’s data from our shop. * our shop’s password verification is a comparison of encrypted password provided by customer and their encrypted password held in our database.
6. Cookies are used for the following purposes:
a) create statistics to help Customer understands how users use the Store’s Web site to improve their structure and content;
b) defining a user profile to display matched content to ad networks, particularly the Google Network.
§9 FINAL PROVISIONS
1. The Administrator and sole proprietor of the Store is Soliss Jarosław Makowski, a business owner with registered office in Lublin, address:
St. Szwejka 36,
20713 Lublin, Poland,
Taxpayer Identification Number 7122747063.
2. Customer personal data when ordering in the Store is processed by the Store solely for order processing.
3. The customer, when submitting the order, agrees to use the Store in accordance with the provisions of these Regulations, as of the date of placing the order. Failure to accept the provisions of these Terms and Conditions prevents the purchase of the Goods offered by the Store.
4. Polish law applies to the Contract for the Sale of Goods in the Store.
5. In matters not covered by these Regulations, the provisions of the Civil Code or other laws applicable to the activity and functioning of the Store shall apply accordingly.
6. The court responsible for settling disputes is the local court having jurisdiction according to the rules in force.
7. The Store reserves the right to make changes to the Terms at any time. Changes to the Terms and Conditions apply since publication on the Store. Changes to the Terms and Conditions can not violate the rights of acquired Customers using the Store.
8. The Store Administrator shall take steps to ensure that the Store website is fully functioning properly to the extent it is based on current technical knowledge and undertakes to immediately remove any irregularities reported by the Customer. The Store is not responsible for interruptions caused by Internet crashes.
9. All photographs, graphics, logos, publications, and texts available in the Store are protected by the Act of 4 February 1994. On copyright and related rights (Journal of Laws of 1994, No. 24 item 83). It is prohibited to illegally copy, duplicate, or distribute any content of the Store.