Terms and conditions

THE REGULATIONS OF THE ONLINE STORE IZABELA ŁAPIŃSKA

This website contains regulations (hereinafter referred to as the “Regulations”), based on which the Online Store of Frywolitka limited liability company with its registered seat in Warsaw at Dymińska 2/112 Street, 01-519 Warsaw,  NIP 5252750298 operating at the following address: www.izabelalapinska.com (hereinafter referred to as the “Store”) delivers goods (hereinafter referred to as the “Goods”) available on this website (hereinafter referred to as the “Website”). Before ordering the Goods from the Website, please read the content of these Regulations. By ordering the Goods offered on the Website, you accept these Regulations, and the provisions contained therein become binding on you. IZABELA ŁAPIŃSKA Online Store (hereinafter referred to as the “Store”) stores the content of the Agreement concluded with the Customer for a period of 12 months. The correspondence with the Customer is conducted electronically to the e-mail address provided by the Customer. These Regulations are available to the public and can be downloaded at any time from the Website. The Regulations determine, among others, ways of placing Orders, conclusion of the Agreement between the Seller and the Customer, delivery of Goods, withdrawal from the Agreement, the procedure to be followed in case the Customer receives defective Goods,

Acceptance of the Regulations is voluntary, but if the Customer fails to do accept them, it is not possible to place an order at www.izabelalapinska.com. The acceptance of the Regulations is made when placing an order via the online store www.izabelalapinska.com.

REGULATIONS

I. Definitions:

Each time the Regulations refer to:

Seller – it means Frywolitka limited liability company with its registered seat in Warsaw at Dymińska 2/212 Street, 01-519 Warsaw, entered into the Register of Entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register with the number KRS 0000731505, NIP 5252750298, REGON 380212331;

Store – an online store run by the Seller at the Internet address: www.izabelalapinska.com;

Price – it is understood as the gross price of the Goods placed next to the information about the Goods, not taking into account the costs of delivering the Goods to the place indicated by the Customer. The prices of the Goods in the Store are expressed in Polish zlotys or in Euro and include VAT;

Goods – goods offered by the Seller for retail sale in the Store;

Supplier – a courier company cooperating with the Seller at a given time;

Working day – a day that is not a Saturday or Sunday or any other day off. The day on which commercial banks in Poland carry out payment transactions;

Customer – a natural person with at least limited legal capacity and at least 18 years of age, as well as a legal person or an organizational unit without legal personality, having legal capacity and capacity to perform acts in law;

Delivery cost– is the cost related to the delivery of the Goods ordered by the Customer between the Store and the place designated by the Customer as the place of delivery of the Goods;

Seller’s liability – means the liability regulated by common law and the content of these Regulations;

Website – means this website www.izabelalapinska.com or individual sub websites;

Agreement – a contract for the sale of the Goods concluded in accordance with these Regulations between the Seller and the Customer via the Store;

Act – means the Act of 30 May 2014 on consumer rights (Journal of Laws of 24  June 2014, item 827);

Order – Customer’s order placed in the Store as a result of completing the form in order to purchase the Goods in the Store.

II. Information about the online store:

The offer of www.izabelalapinska.com includes the Seller’s products. Especially clothing. On the product website, apart from its name, photo, price, size information, material composition and other useful information, you will usually find information about the actual size of the product.

Prices in the online store www.izabelalapinska.com are gross. The price of the product does not include delivery costs in the amount indicated for the delivery method selected by the Customer.

www.izabelalapinska.com cares for the rights of consumers and makes every effort to ensure that the provisions of contracts concluded via www.izabelalapinska.com with Customers who are consumers are consistent with the consumer law. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights under mandatory provisions of law, and any possible doubts are interpreted to the benefit of the consumer. In the event of an unintentional non-compliance of the provisions of the Regulations with the above provisions, the law shall prevail.

III. Registration and conditions for placing Orders

  1. The Customers entitled to place Orders for Goods are:
    1. The ones having the status of a registered user of the Store;
    2. The ones submitting an Order without registration and providing the required information for the purposes of the Order
  2. The status of a registered user of the Store is obtained by the Customer after performing the following steps:
    1. Correct completion of the registration form on the Store’s website (in particular, providing the personal data required in the form and establishing a login and password by the Customer);
    2. Activating the account by entering the link sent to the Customer’s e-mail address.
  3. Registration activities are performed once. With each subsequent Order, the Customer uses the login and password previously set on the Store’s website. After using the login and password set by the Customer, she/he has the option to update the data provided during registration. Login and password are confidential.
  4. A Customer who has the status of a registered user of the Store places an order after logging in to the Store by adding the Goods presented in the Store to the Cart, then confirming the order for the Goods by selecting the button – “Order and pay”.
  5. A Customer who does not have the status of a registered user of the Store places an order by adding the Goods presented in the Online Store to the Cart, then completes the Order Form by entering the details of the recipient of the Order and the address to which the Goods are to be delivered, selects the type of shipment (method of delivery of the Goods), confirming placing an Order for Goods by selecting the button: “Order and pay” – by accepting the data necessary to complete the order.
  6. In the Order, the Customer should additionally indicate the data required to issue a VAT invoice, if she/he requests a VAT invoice, and if they are different from the Customer’s data.
  7. In order to conclude a Sales Agreement via the Store, go to the website www.izabelalapinska.com, select Goods by taking further technical steps based on the messages displayed to the Customer and information available on the Website;
  8. The selection of the Goods ordered by the Customer is made by adding them to the cart.
  9. When placing an order, the Customer selects products, specifying in particular the size and color (if there is a choice), as well as the quantity (in pieces) of the ordered product, and selects the method of payment and delivery.
  10. When placing an Order – until the moment you press the “Order and pay” button – the Customer may modify the entered data and the selection of the Goods.
  11. In order to send the Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the “Order and pay” button.
  12. After placing an Order, the Customer receives an e-mail from the Seller containing the Order number and confirmation of all essential elements of the Order.
  13. The sales contract is concluded in Polish or English, in accordance with the Regulations.
  14. The Online Store sells goods on the territory of the Republic of Poland and the European Union.
  15. Orders can be placed 7 days a week, 24 hours a day.
  16. The Customer’s account registered at www.izabelalapinska.com is an additional service provided by the Seller for an indefinite period of time. Setting up and using a Customer Account is free of charge. You can sign out at any time.

The Customer account speeds up the ordering process at www.izabelalapinska.com and allows the Customer to use additional functions of the online store, such as:

IV. Payment

  1. The Customer may only use the following payment methods:
    • By bank transfer or payment to the Seller’s bank account specified below to the account in the currency in which the purchase was made;
    • With the help of and through the secure transfer system – Przelewy24 (payment cards);
    • With the help of and via PayPal (applies to transactions in EUR)
    • Cash on delivery (payable at the Supplier’s)
  2. Prices in the Store are given in Polish zlotys for Customers from Poland and in EURO for Customers outside Poland.
  3. In the case of payment made by payment to the Seller’s bank account, the transfer order should include in the transfer title:
    • Customer’s first and last name or the Customer’s company,
    • Order number.

The amount due for the Product should be transferred to the bank account

Recipient: Frywolitka limited liability company

Dymińska 2/112 Street
01-519 Warsaw, Poland

Account for Customers from Poland (PLN):

Bank: Alior Bank

Account number:74 2490 1057 0000 9900 2547 3507

Account for Customers outside Poland (EUR):

Name of the Bank: Alior Bank

Swift/BIC: ALBPPLPW

Address of the Bank:………..

IBAN: PL 63 2490 0005 0000 4600 2185 0191

  1. The Customer is obliged to make the payment within 3 calendar days from the date of the Sale Agreement – otherwise the order may be canceled.
  2. The obligations of the Customer resulting from the contract of sale of the Goods remain in force until the payment of the entire amount due for the Goods and the costs of delivery of the Goods is paid.
  3. The ownership of the ordered product is transferred to the Customer only after the Seller has paid its price.

V. Order Processing and Delivery

    1. As soon as the Seller confirms the acceptance of the Customer’s Order for execution, a contract for the sale of the Goods is concluded. The confirmation is made by sending the information to the Customer via e-mail in which the Seller confirms the acceptance of the Customer’s Order for execution.
    2. The Seller reserves the right for additional verification of the Customer’s data, e.g. by telephone contact.
    3. The Seller has the right to refuse to execute Orders:
      • placed on an incorrectly completed Order form,
      • indicating the purchase of the Goods for resale,
      • submitted in violation of these Regulations.
      • when the Price for the Goods or its availability is the result of an obvious mistake of the Seller or an error of the IT system,
    4. Placing Orders in the Store is possible 24 hours a day, all days of the year.
    5. The goods covered by the Order are delivered to the Customer by the Seller.
    6. The content of sales contracts concluded in the Store is stored by the Store’s IT system for a period of at least 3 months from the date of conclusion of each contract, and the content of these contracts is made available only to the parties to the contract or at the request of authorized public authorities in accordance with the law. Each Customer who has completed the registration procedure, after logging in, has access to all their sales contracts concluded in the Store for the period of their storage in the IT system specified in the first sentence.
    7. The terms of the sales contract are specified in these Regulations, applicable law and individual arrangements between the Seller and the Customer.
    8. The Seller sends the sales documents and any corrections via e-mail.
    9. Acceptance of the Regulations also means consent to the use of electronic invoices within the meaning of Art. 106n paragraph. 1 of the Act of 11 March 2014 on tax on goods and services, Journal of Laws 2011 No. 177 item 1054 as amended.
    10. The delivery of the Goods is limited to the area of ​​the European Union and takes place at the address indicated by the Customer when placing the Order;
    11. The Seller carries out Orders by courier via the Supplier.
      • The choice of the method of delivery is made by the Customer when placing the Order. The Customer may choose the following methods of receiving the ordered Products: paid delivery of Products to the Customer’s address provided by the Supplier when placing the Order
      • Free pickup at the IzabelaLapinska Showroom in Warsaw at Mokotowska 40/5 Street, after prior appointment by phone +48 608314226 or by e-mail shop@izabelalapinska.com
    12. Additionally, the delivery costs will be indicated at the time of placing the Order;
    13. The delivery costs are borne by the Customer and are provided on the website when placing the Order;
    14. The Customer undertakes to collect the Product which is sent;
    15. The Seller undertakes to deliver the Goods without defects;
    16. If the packaging of the package delivered to the Customer is damaged or shows signs of being opened by third parties, the Customer has the right to refuse to accept the Goods. In the above situation, the Customer may request the Supplier to draw up a protocol stating the reason for refusing to accept the shipment and is asked to inform the Seller about such occurrence;
    17. Delivery time: the delivery is carried out through the Supplier. Delivery time up to 3 working days in Poland and up to 7 working days in the EU;
    18. The order processing in the Store is up to 5 business days, counted from the moment the payment is credited to our account. The time the Supplier needs to deliver the Goods should be added to it;
    19. The Seller is not responsible for delays in the delivery of the parcel for reasons beyond his/her control;
    20. All Goods prepared for shipment are inspected by the Seller and the packaging is marked with the Seller’s logo. If the Customer receives a shipment with damaged stickers indicating interference with the shipment by third parties, the Customer should refuse to accept such a shipment and notify the Seller about this fact;
    21. If the Customer provides an incorrect delivery address for the Goods, the Seller shall not be responsible for the time of delivery of the Goods to the Customer. In a situation where the delivery address of the product is considered by the Supplier as particularly difficult, unusual or associated with excessive costs, the Seller will contact the Customer to agree on the additional cost of Delivery of the Goods to the Customer;
    22. If www.izabelalapinska.com, acting through the Supplier, delays the execution of the order (i.e. if the order has not been completed despite the lapse of 30 days from the date of its submission), the Customer may set an additional deadline for the delivery of the item, and after its ineffective expiry may withdraw from the contract.

VI. Withdrawal from the Agreement

  1. Subject to point 9 below, the Customer who is a consumer may, within 14 days from the date of delivery of the goods to her/him, withdraw from the concluded sales contract without giving any reason by submitting a declaration of withdrawal from the contract of sale of the Goods in accordance with art. 27 of the Act of May 30, 2014 on consumer rights;
  2. The Customer withdraws from the concluded sales contract by submitting to the Seller a declaration of withdrawal from the contract in any way, in particular:
    • by traditional mail, on the form attached to these Regulations, which is here
    • by electronic means to the email address: shop @ izabelalapinska.com using the model withdrawal form in the Annex here,
  3. To meet the deadline, it is enough to send a statement before its expiry;
  4. In the event of withdrawal from the contract, the contract is considered not concluded. If the Consumer submitted a declaration of withdrawal from the contract before the Seller accepted his/her offer, the offer ceases to be binding;
  5. In the event of withdrawal from the contract, the Consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the date on which she/he withdrew from the contract. To meet the deadline, it is enough to return the items before the deadline. The consumer bears only the direct cost of returning the item;
  6. The returned or exchanged Product:
    • should have original and undamaged packaging provided by the Seller,
    • should be complete,
    • have tags and security measures.
    • it cannot bear traces of use.
  7. The above requirements regarding the return of the Product do not infringe or limit the Customer’s rights to file a complaint in accordance with the law.
  8. The Goods are returned to the following address:

Showroom IzabelaLapinska

Mokotowska 40/5 Street
00-543 Warsaw, Poland

  1. The right to withdraw from the contract is not granted to the consumer in the cases specified in detail in Art. 38 sec. 1 of the Act of 30 May 2014 on consumer rights, including in relation to contracts:
    • provision of services, if an entrepreneur has fully performed the service with the express consent of the consumer, who was informed prior to the commencement of the service that after an entrepreneur has fulfilled the service, she/he will lose the right to withdraw from the contract;
    • in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy her/his individual needs;
      and in relation to the contract:
    • in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging was opened after delivery,
    • in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract.
  2. The Seller shall promptly, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract, return to the Consumer all payments made by him/her, including the costs of delivering the goods. If the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer;
  3. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed a different method of return, which does not involve any costs for him/her;
  4. The Seller may withhold the reimbursement of payments received from the Consumer until receiving the Goods back.
  5. Considering that the Seller informed the Consumer about the right to withdraw from the concluded contract, as well as the method and dates of withdrawal, the Consumer is responsible for the decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish its nature, characteristics and functioning;

VII. Complaints about the Goods

  1. The Seller is liable to the Customer if the sold product has a physical or legal defect (implied warranty), where the physical defect consists in the non-compliance of the sold product with the contract. The Seller is liable under the implied warranty if a physical defect is found within 2 (two) years from the date of delivery of the product to the Customer. Any provision of this chapter ( hereinafter referred as “Product Complaint”) shall not exclude or limit the rights of Customers purchasing products as Consumers, provided for in an applicable law, including in particular art. 556 – 576 of the Civil Code.
  2. The Seller, within 14 (fourteen) calendar days, will respond to the Customer’s complaint under the implied warranty and notify him/her of the further procedure.
  3. The complaint under the implied warranty should contain the details of the person or entity submitting the complaint (name and surname or full name, contact details) as well as the reason for the complaint and the content of the request. In order to consider a complaint under the implied warranty by the Seller, the Customer should deliver the advertised product or products together with a proof of purchase of this product (s) to the Seller and a description of complaint in the manner specified below:
    • the product being complained about, proof of purchase and description of the complaint should be sent to the following address:
      Showroom IzabelaLapinska; Mokotowska 40/5 Street; 00-543 Warsaw
  4. If the complaint is considered in favor of the Customer – the Seller shall immediately replace the defective product with a product free from defects or remove the defect. This does not affect the Customer’s ability to submit a statement on price reduction or withdrawal from the contract in accordance with applicable regulations. If it is not possible to replace the product, remove the defect of the product or reduce the price, the Seller will refund the amount immediately in accordance with applicable law.
  5. The Customer purchasing the product for purposes related directly to his professional or business activity (the Customer who is not a Consumer) has the right to file a complaint in accordance with the applicable legal provisions, while the Seller’s liability under the implied warranty for physical defects of the products is limited to the Customer’s rights to demand that the defect be removed. In this case, the Seller shall, at his option, immediately replace the defective product with a product free from defects or remove the defect. The seller may also withdraw from the contract by reimbursing such a Customer who is not a Consumer the price paid for the product with a physical defect. In the remaining scope, the Seller’s liability under the implied warranty for product defects in relation to Customers who are not Consumers is excluded. Subject to mandatory provisions of law, to the maximum extent permitted by law, the Seller’s liability for damage caused to Customers who are not Consumers is limited to the amount that such Customer paid the Seller for the purchase of a given product.

VIII. Complaints regarding the provision of electronic services

  1. The Seller takes actions to ensure that the Store operates properly, to the extent that it results from the current technical knowledge and undertakes to remedy any irregularities reported by Customers within a reasonable period of time.
  2. The Customer is obliged to immediately notify the Seller of any irregularities or interruptions in the functioning of the Store.
  3. Irregularities related to the functioning of the Store may be reported by the Customer in writing to the following address: Showroom IzabelaLapinska; Mokotowska 40/5 Street; 00-543 Warsaw shop@izabelalapinska.com or using the contact form.
  4. In the complaint, the Customer should provide his name and surname, correspondence address, type and date of the irregularities related to the functioning of the Store.
  5. The Seller undertakes to consider each complaint within 14 days, and if it was not possible, to inform the Customer during this period when the complaint will be considered.

IX.Personal data protection – privacy policy

  1. By completing the order form in the Store, the Customer agrees to the collection and processing the personal data provided in the form within the meaning of the Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926 as amended) by the Seller.
  2. Providing personal data by the Customer is voluntary, but necessary to purchase the Goods and use services provided electronically, which require providing personal data. The Seller processes personal data in order to provide electronic services, conclude and perform contracts for the sale of products ordered by the Customer in the Store.
  3. The Customer may agree to receive advertising and commercial information from the Seller via the Registration form and mark the appropriate option in it. This information may be provided to the Customer, among others by means of electronic communication. Expressing consent is not a condition for the execution of Order.
  4. The Customer has the right to access and correct the personal data provided, as well as to request deletion of data.
  5. Detailed provisions regarding the protection of the Customer’s personal data can be found on the Store’s website dedicated to the privacy policy

X. Additional Provisions

Server logs

The collected server logs are stored for an indefinite period of time and used to generate statistics supporting the administration of the website www.izabelalapinska.com;

These summaries are aggregate and do not contain features that identify visitors to the website www.izabelalapinska.com. Logs are not disclosed to persons not related to the management of the website www.izabelalapinska.com;

Technical requirements

The technical requirements necessary for the Customer to use the website www.izabelalapinska.com and the services provided through it (including placing an order in the online store www.izabelalapinska.com) are:

  1. A computer device with Internet access,
  2. Internet browser,
  3. Enabling Cookies in the web browser and having the upadated Javascript,
  4. Having and providing an e-mail address that allows you to send information regarding the implementation of the order,
  5. Software for opening PDF files (to read files made available by izabelalapinska.com to download PDF format, e.g. these Regulations).

Illegal Content

It is forbidden for the Customer to provide illegal content to the online store www.izabelalapinska.com.

Copyright

All rights to the website www.izabelalapinska.com, and in particular copyrights to the content of this website, including the website layout, photos, videos, graphics, trademarks, the Seller’s logo and other content and elements, are vested in the Seller;

Therefore, it is forbidden to copy, modify or otherwise use the website www.izabelalapinska.com or its parts without the consent of the Seller.

Amendments to the Regulations

The Seller may change the Regulations of the online store www.izabelalapinska.com in the event of:

In the event of a change in the Regulations, the Seller will publish the new Regulations on the website www.izabelalapinska.com, and will also inform the Customer by e-mail about changing the Regulations.

Within 14 days from the date of informing the Customer about the amendment to the Regulations, the Customer is entitled to terminate the contract concluded with the Seller to which the amendment to the Regulations applies.

The changed Regulations will be binding to the Customer if, within 14 days from the date of receipt of information about its change, he/ she does not submit to the Seller (in writing or by e-mail) a declaration that he/she does not accept the new Regulations. The failure to accept the amendment to the Regulations by a Customer is tantamount to the Customer’s termination of the contract with the Seller, the Regulations of which have been changed and not approved by the Customer.

The introduced changes to the Regulations may not infringe the rights acquired by the Customer (in particular, the amendment to the Regulations is irrelevant to the contracts for the sale of goods concluded by the Customer with the Seller before the amendment to the Regulations occurred).

XI. Final Provisions

  1. The settlement of any disputes arising between the megaled.pl Online Store and the Customer who is a Consumer within the meaning of Art. 22 [1] of the Civil Code, is subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure. Settlement of any disputes arising between the Seller’s company and the Customer who is not a Consumer within the meaning of art. 22 [1] of the Civil Code, is subject to the court having jurisdiction over the seat of the Seller’s company;
  2. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply;
  3. These Regulations and the Agreement as well as all obligations arising from the Regulations and the Agreement are subject to the Polish law.
  4. The Seller reserves the right to introduce restrictions on the use of the Store caused by its technical service, maintenance works or works on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that the above-mentioned breaks take place at night and last as short as possible;
  5. After the shipment of the purchased goods, the Store, as part of the contract with the Customer, may send an invitation to fill out a questionnaire to the e-mail address in order to examine her/his opinion on the transaction. The Customer is entitled, but not obliged to complete it;
  6. The Regulations shall apply from 01.09.2020;

XII. Notices

All notices under the Agreement between the Customer and the Seller must be in writing and may be delivered in person, by registered letter or by letter with confirmation of receipt or by e-mail, and addressed to the appropriate person at the latest address known to the other party. For the avoidance of doubt, for the purposes of the Agreement and these Regulations, e-mails are treated as notifications in writing.