Terms of service

ARTICLE 1 – DEFINITIONS

In these general terms and conditions, the following definitions apply:

Cooling-off period: the period within which the Consumer may exercise the right of withdrawal;

Consumer: a natural person who is not acting in the exercise of a profession or business and who enters into a Distance Contract with the Entrepreneur;

Fixed-term transaction: a Distance Contract relating to a series of products and/or services, for which the obligation to deliver and/or receive is spread over time;

Durable data carrier: any means that enables the Consumer or Entrepreneur to store information in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the option for the Consumer to withdraw from the Distance Contract within the Cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to Consumers at a distance;

Distance Contract: a contract concluded within the framework of a system organised by the Entrepreneur for the distance selling of products and/or services, whereby the contract is concluded exclusively by one or more means of Distance Communication;

Means of Distance Communication: means that can be used for concluding a contract without the Consumer and the Entrepreneur having to be in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.

ARTICLE 2 – IDENTIFICATION OF THE ENTREPRENEUR

Katowice-Chic.com

Address: Brzozowa 6, 62-872 Borek, Poland
E-mail: info@Katowice-chic.com
Telephone: +48 732 125 683

ARTICLE 3 – SCOPE

These General Terms and Conditions apply to every offer made by the Entrepreneur and to every Distance Contract and order concluded between the Entrepreneur and the Consumer.

Before a Distance Contract is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, the Consumer will be informed, before the Distance Contract is concluded, that the General Terms and Conditions are available for inspection at the Entrepreneur’s premises and that they will be sent free of charge to the Consumer upon request.

If the Distance Contract is concluded electronically, the text of these General Terms and Conditions may, contrary to the previous paragraph and before the Distance Contract is concluded, be made available to the Consumer electronically in such a way that the Consumer can store them on a Durable data carrier. If this is not reasonably possible, the Consumer will be informed where the General Terms and Conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.

If, in addition to these General Terms and Conditions, specific product or service conditions apply, the Consumer may, in case of conflicting conditions, rely on the provision that is most favourable to the Consumer.

ARTICLE 4 – THE OFFER

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The Entrepreneur expressly reserves the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer. If the Entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the Entrepreneur.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the contract.

The product images are a true representation of the products offered. However, the Entrepreneur does not guarantee that the colours displayed match the actual colours of the products exactly.

Each offer contains information that makes it clear to the Consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

  • the price, excluding customs clearance costs and import VAT. Additional costs are borne by and at the risk of the customer;
  • any shipping costs;
  • the manner in which the contract will be concluded and which steps are required for that purpose;
  • the existence or non-existence of the Right of withdrawal;
  • the method of payment, delivery and performance of the contract;
  • the period for accepting the offer, or the period during which the Entrepreneur guarantees the price;
  • the costs of using means of Distance Communication, if these are calculated on a basis other than the standard basic rate;
  • whether the contract will be archived after its conclusion, and if so, how it can be consulted by the Consumer;
  • the way in which the Consumer, before concluding the contract, can check the information provided by him in the context of the contract and, if desired, correct it;
  • any other languages in which, in addition to Polish, the contract can be concluded;
  • the codes of conduct to which the Entrepreneur has submitted and the way in which the Consumer can consult these codes of conduct electronically; and
  • the minimum duration of the Distance Contract in the case of a fixed-term transaction.

ARTICLE 5 – THE CONTRACT

The contract is concluded at the moment the Consumer accepts the offer and meets the associated conditions, subject to the provisions of paragraph 4 of this article.

If the Consumer has accepted the offer electronically, the Entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Entrepreneur, the Consumer may dissolve the contract.

If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, the Entrepreneur will observe appropriate security measures.

The Entrepreneur may, within the limits of the law, obtain information about the Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to a responsible conclusion of the Distance Contract. If, on the basis of this investigation, the Entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request, or to attach special conditions to its performance.

Upon delivery of the product or service to the Consumer, the Entrepreneur will send the following information in writing or in such a way that it can be stored by the Consumer on a Durable data carrier:

  • the visiting address of the Entrepreneur’s establishment where the Consumer can address complaints;
  • the conditions under which and the manner in which the Consumer may exercise the Right of withdrawal, or a clear statement regarding the exclusion of the Right of withdrawal;
  • information on any existing after-sales service and warranties;
  • the information included in Article 4 paragraph 3 of these conditions, unless the Entrepreneur has already provided this information to the Consumer prior to the performance of the contract; and
  • the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a fixed-term transaction, the provisions of the previous paragraph apply only to the first delivery.

Every contract is concluded subject to sufficient availability of the products concerned.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the Consumer has the right to dissolve the contract without giving reasons within 30 days. The Cooling-off period starts on the day after the Consumer, or a third party designated by the Consumer who is not the carrier, has received the product, after having informed the Entrepreneur accordingly.

During the Cooling-off period, the Consumer will handle the product and its packaging with care. The Consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product and whether he wishes to keep it. If the Consumer makes use of the Right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the clear and reasonable instructions given by the Entrepreneur.

If the Consumer wishes to exercise the Right of withdrawal, he is obliged to inform the Entrepreneur thereof within 30 days after receiving the product. The Consumer must do so by means of a written message or by e-mail. After the Consumer has indicated that he wishes to exercise his Right of withdrawal, he must return the product within 30 days. The Consumer must be able to prove that the product has been returned in time, for example by means of a proof of shipment.

If the Consumer has not made it known within the periods mentioned that he wishes to exercise his Right of withdrawal, or has not returned the product to the Entrepreneur, the purchase is deemed final.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the Consumer exercises his Right of withdrawal, the costs of returning the products are borne by the Consumer.

If the Consumer has already made a payment, the Entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the Entrepreneur has received the product back, or that the Consumer can provide conclusive proof of the return.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

The Entrepreneur may exclude the Right of withdrawal for the products and services described in paragraphs 2 and 3. Exclusion of the Right of withdrawal is only possible if the Entrepreneur has clearly stated this in the offer, or at least before the conclusion of the contract.

Exclusion of the Right of withdrawal is possible for products:

  • that have been manufactured according to the Consumer’s specifications;
  • that are clearly of a personal nature;
  • that cannot be returned due to their nature;
  • that can spoil or age quickly;
  • whose price is subject to fluctuations on the financial market over which the Entrepreneur has no influence;
  • individual newspapers and magazines;
  • audio and video recordings and computer software of which the seal has been broken by the Consumer; and
  • hygienic products of which the seal has been broken by the Consumer.

Exclusion of the Right of withdrawal is possible for services:

  • relating to accommodation, transport, restaurant services or leisure activities, to be carried out on a specific date or during a specific period;
  • whose performance has begun with the explicit consent of the Consumer before the expiry of the Cooling-off period;
  • relating to bets and lotteries.

ARTICLE 9 – PRICE

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

In the event of a price reduction after purchase, the customer is not entitled to a refund of the difference. The customer agrees to the price applicable at the time of purchase.

Notwithstanding the provisions of the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the Entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are guide prices will be stated in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the Entrepreneur has stipulated this and:

  1. they are the result of statutory regulations or provisions; or
  2. the Consumer is authorised to terminate the contract with effect from the day on which the price increase takes effect.

The place of supply is the country where transport starts, in accordance with Article 5(1) of the 1968 VAT Act. In this case, the supply takes place outside the EU. The postal service or courier will then charge import VAT or customs clearance costs to the customer. Therefore, the Entrepreneur does not charge VAT.

All prices are subject to printing and typographical errors. The Entrepreneur is not liable for the consequences of such errors and is not obliged to deliver the product at the incorrect price.

ARTICLE 10 – CONFORMITY AND WARRANTY

The Entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the Entrepreneur also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the Entrepreneur, manufacturer or importer does not affect the legal rights and claims that the Consumer may assert against the Entrepreneur on the basis of the contract.

Any defects or incorrectly delivered products must be reported to the Entrepreneur in writing within 30 days after delivery. The products must be returned in their original packaging and in new condition.

The warranty period of the Entrepreneur corresponds to the warranty period of the manufacturer. However, the Entrepreneur is not responsible for the ultimate suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the Consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the Entrepreneur and/or on the packaging;
  • the defect is wholly or partly the result of regulations laid down by the government regarding the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND PERFORMANCE

The Entrepreneur will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the Consumer has made known to the Entrepreneur.

Subject to what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur will execute accepted orders with due speed but at least within 14 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be carried out, the Consumer will be informed of this no later than 14 days after the order was placed. In such a case, the Consumer is entitled to terminate

ARTICLE 12 – FIXED-TERM TRANSACTIONS: DURATION, TERMINATION AND RENEWAL

Termination

The Consumer may terminate a contract concluded for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time subject to the agreed termination rules and a notice period of no more than one month.

The Consumer may terminate a contract concluded for a fixed term, which extends to the regular delivery of products (including electricity) or services, at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

In the case of contracts as referred to in the previous paragraphs:

  • the Consumer may terminate at any time and is not restricted to termination at a specific time or in a specific period;
  • termination may take place in the same way as the contract was concluded;
  • the notice period for the Consumer is the same as the notice period that the Entrepreneur has stipulated for himself.

Renewal

A contract concluded for a fixed term which extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.

Notwithstanding the previous paragraph, a contract concluded for a fixed term which extends to the regular delivery of daily papers, newspapers, weeklies and magazines may be tacitly renewed for a fixed term of a maximum of three months if the Consumer may terminate this renewed contract towards the end of the renewal with a notice period of no more than one month.

A contract concluded for a fixed term which extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the Consumer may terminate it at any time with a notice period of no more than one month. In the case of a contract for the regular, but less than once a month, delivery of daily papers, newspapers, weeklies and magazines, the notice period is no more than three months.

A fixed-term trial or introductory subscription to daily papers, newspapers, weeklies and magazines is not tacitly renewed and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the Consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the amounts owed by the Consumer must be paid within 7 working days after the start of the Cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of services, this period starts after the Consumer has received the confirmation of the contract.

The Consumer has the duty to immediately report inaccuracies in payment data provided or stated to the Entrepreneur.

If the Consumer does not meet his payment obligation(s) in time, the Entrepreneur has the right, subject to legal limitations, to charge the Consumer the reasonable costs made known in advance.

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints about the performance of the contract must be submitted fully and clearly described to the Entrepreneur within 7 days after the Consumer has discovered the defects.

Complaints submitted to the Entrepreneur will be answered within 14 days from the date of receipt. If a complaint foreseeably requires a longer processing time, the Entrepreneur will reply within 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Submitting a complaint does not suspend the Entrepreneur’s obligations, unless the Entrepreneur indicates in writing that he will suspend his obligations.

If a complaint is found to be justified, the Entrepreneur will, at his option, replace or repair the delivered products free of charge.

ARTICLE 15 – DISPUTES

Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply are governed exclusively by Polish law, even if the Consumer resides abroad.

ARTICLE 16 – SMS MARKETING

By consenting to SMS marketing from Katowice-chic during checkout or by signing up through our subscription tools, you agree to receive recurring SMS messages (regarding your order, including abandoned cart reminders), marketing offers and transactional texts such as review requests, even if your number is registered on a state or federal “do not call” list. Message frequency may vary. Consent is not a condition of purchase.

To opt out of SMS marketing messages and notifications, reply STOP to any message you receive or use the unsubscribe link provided in each message. You acknowledge that other methods of opting out, such as using other words or requests, are not considered a proper means of opting out. We do not charge a fee for this service, but you are responsible for any charges imposed by your carrier for text messaging. Message and data rates may apply.

If you have any questions, text HELP to the number from which you receive messages. You can also contact us via our website: https://katowice-chic.com/pages/kontakt.

We reserve the right to change the telephone numbers or short codes used to provide the service. In such cases, you will be notified. You acknowledge that messages sent to a changed number, including STOP or HELP requests, may not be received by us and we are not responsible for fulfilling such requests.

To the extent permitted by law, you agree that we are not liable for any failed, delayed or misdirected delivery of information sent via the service, for any errors in such information or for any actions you take or refrain from taking in reliance on the information or the service.

Your privacy is important to us. You can read how we collect and use your personal data in our Privacy Policy (https://www.katowice-chic.com/pages/polityka-prywatnosci).