Terms & Conditions
1. General information.
These Terms and Conditions set out general terms, conditions and rules of sales carried out by the online store available at www.pavonada.com. The regulations refer to regulations in art. 8 of the Act on the provision of electronic services.
The Regulations define the rules for using the Store, in particular the rules for registering and using the account as part of the Store, the terms and conditions for submitting Orders via electronic means as part of the Store, the rules for concluding Sales Agreements using the services provided as part of the Store and the rules for complaint proceedings.
The store is run by Adrianna Płachetko-Krajewska conducting a business under the company name "Adrianna Płachetko-Krajewska" entered into CEIDG by the Minister of Economy, NIP 8792641143, REGON 364961269, e-mail: firstname.lastname@example.org, address PAVONADA, ul. Agatowa 14/1, 87-100 Toruń, hereinafter referred to as the Seller in these Regulations.
The subject of the Store's activity is retail sale of clothing and accessories. The Seller also provides the Customers with electronic services regarding running the store, in particular, such as: enabling online conclusion of contracts for the sale of goods in the Store and enabling the creation of Customer accounts in the Store.
The customers of the Store may be natural persons with full legal capacity, as well as legal persons and organizational units without legal personality, to which the provisions of law grant legal capacity and which place Orders within the Store.
The store operates in Poland.
In order to use the Store, the Customer should gain access to the ICT system and web browser on his own.
The customer is obliged to refrain from any activity that could affect the proper functioning of the Store. The customer is obliged in particular to:
• not to interfere with the content of the Store or its technical elements
• not to provide or transmit content prohibited by law, in particular content that promotes violence, or violates personal rights and other rights of third parties
• refraining from actions such as: sending or posting unsolicited commercial information (spam) within the Store
• use the Store in a way that is not inconvenient for other customers and for the Seller
• not to conduct any commercial, advertising or promotional activities on the Store's websites
• use the Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
The Customer may at any time unsubscribe from the Store, without giving a reason and without incurring costs, by sending to the Store via e-mail to the following address: email@example.com or in writing to the postal address indicated in point 3 above of the Terms and Conditions, requests to delete the Customer's account along with an indication of the e-mail address (e-mail address) currently registered in the Store.
The Seller may deprive the Customer of the right to use the Online Store, and may limit his access to some or all of the Store's resources, with immediate effect, in the event of a breach of the Regulations by the Customer, in particular when the Customer:
• during registration in the Store, he provided false, outdated, misleading or violating the rights of third parties
• has infringed the personal rights of third parties through the Store
• engages in other behaviors that may be considered to be inconsistent with applicable law or general principles of using the Internet or detrimental to the good name of the Seller.
A customer who has been deprived of the right to use the Store may not re-register without the prior consent of the Seller.
Out of far-reaching caution, the Seller informs that the use of the Internet and services provided electronically may be at risk of malicious software getting into the ICT system and user's device, as well as unauthorized access to customer data. The customer should therefore use appropriate technical security measures, in particular appropriate anti-virus or other software protecting the customer.
2. Procedure for placing an Order.
Orders may be placed using the form on the website www.pavonada.com without the need to register and create a customer account.
Orders may also be placed electronically by customers who have registered an individual account at www.pavonada.com.
The Customer's account is created by correctly filling in the registration form on the website www.pavonada.com. In the form, the Customer is obliged to provide:
name and surname or company name
address of the place of residence or registered office
delivery address (if different from the place of residence or registered office)
NIP (in the case of people purchasing for the purposes of running a business)
landline or mobile phone number
contact e-mail address
Customer's name for the purposes of using the Store (login)
Creating an account allows a registered customer to place orders without having to fill in the order form each time, tracking the status of orders placed and viewing the purchase history.
Placing an order on behalf of a legal person or an organizational unit without legal personality is tantamount to submitting a declaration that the person placing the order is authorized to represent this entity.
An order is placed by performing the following steps:
placing the ordered goods in the shopping cart from the website and determining its quantity, color and size.
confirmation of personal data and consent to their processing in order to fulfill the order.
selecting the place of delivery.
choosing the payment method.
choosing the method of delivery and delivery costs.
order confirmation with the button "Order with payment obligation"
Sending an incorrectly completed form will not be treated as placing an order by the Customer.
In the event of any ambiguities regarding the forms sent, the Seller reserves the right to contact the Customer in advance for clarification. In the event of not obtaining explanations, the Store is entitled to refuse to confirm the order, about which the Customer will be informed immediately.
3. Price and Conditions of concluding a sales contract.
All prices of goods are expressed in Polish zlotys and euro and are gross prices (including VAT).
The price does not include delivery costs, which are added to the final cost of the order depending on the method of delivery chosen by the Customer, the value of the order and promotions related to delivery costs in force on the day of ordering. When placing an order, the customer is informed about the delivery costs, which together make up the value of the order.
The goods offered in the store are brand new. Photos and presentations of the Products offered are examples and are used to present specifically indicated models. The Seller tries to ensure that the photos of the Products reflect their actual condition. There may be slight differences in the appearance of the Products.
After the Customer has placed a successive order, the Customer receives an e-mail containing the final confirmation of all essential elements of the Order, including confirmation of receipt of the Order with attachments in pdf format in the form of these Regulations, instructions on the right to withdraw from the contract and a model declaration of withdrawal from the contract as well as other information referred to in Art. 12 sec. 1 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
The receipt of the e-mail message specified in point 4 above by the Customer is considered a declaration of acceptance of the offer by the seller, which means the conclusion of a sales contract.
The Store reserves the right to change the prices of goods on offer, introduce new goods to the offer, organize promotional campaigns on the Store's websites. Changing the terms of the contract, in particular the price, may not take place after the order has been placed by the customer.
The contract is concluded in Polish or English.
Each product purchased in the Store is accompanied by the original receipt or a VAT invoice if the customer has requested a VAT invoice.
The customer can pay the price in the following way:
By bank transfer to the Store's account no. 24 1240 4009 1111 0010 7482 7023. The customer should pay the price for the ordered Products together with delivery costs immediately, but not later than within 3 days from the date of receipt of the order confirmation referred to in point III. The goods will be sent after the payment is credited or the transfer confirmation is sent to the e-mail address firstname.lastname@example.org.
Cash on delivery (only for purchases delivered in Poland)
Using the payment platform Przelewy24
The Goods are delivered to the address indicated by the Customer when placing the Order in Poland or the European Union.
The ordered goods are delivered by courier via UPS Polska Sp. z o.o. Detailed delivery costs can be found on the website at pavonada.com/ceny-wysylek. Additionally, delivery costs will be indicated when placing the Order.
The delivery date is up to 2 business days from the date of sending the Order by the Customer and its full payment. Orders placed with cash on delivery will be processed within 1 business day from the date of placing the order. The Seller will endeavor to send the goods to the Customer on the day of placing the Order by the Customer and paying for it along with the shipping costs, provided that the Order has been placed and paid for by 12.00.
The order status can be checked on the Store's website in the "Order history" tab available after logging into the Customer's individual account.
6. Warranty and complaints
The seller is obliged to deliver the goods to the customer without physical and legal defects.
The seller is liable for defects in the goods on the terms set out in the provisions of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended), in particular in Art. 556 and following of the Civil Code.
If the item sold has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective item with a defect-free one or removes the defect.
The customer may not withdraw from the contract if the defect is irrelevant.
Complaints may be submitted electronically to the e-mail address email@example.com. or in writing to the address of the Seller.
The complaint should contain at least: name and surname, correspondence address and e-mail address of the Customer, the date of conclusion of the contract constituting the basis for the complaint, the subject of the complaint with an indication of the Customer's request and all circumstances justifying the complaint. If possible, the customer should attach to the advertised goods a proof of purchase - a receipt.
Complaints will be considered no later than 14 days from the date of receipt of the complaint by the Seller. The Customer will be informed about the method of considering the complaint in accordance with the data provided in the complaint.
In the event that the Customer is not a consumer within the meaning of art. 22  of the Civil Code, the Seller's liability under the warranty is excluded.
7. Complaints regarding the provision of e-services.
1. The Seller takes steps to ensure the proper operation of the Store to the extent that results from the current technical knowledge and undertakes to remove any irregularities reported by customers in this regard within a reasonable 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 by e-mail to the address firstname.lastname@example.org.
4. Filing a complaint should include the name and surname, correspondence address, type and date of irregularities related to the functioning of the Store.
8. Withdrawal from the contract and return of goods.
A consumer who has concluded a distance contract may withdraw from it within 14 days without giving any reason.
The period for withdrawal from the contract begins on the day on which the Consumer took possession of the goods or on which a third party indicated by the Consumer other than the carrier came into possession of the goods.
In order to exercise the right to withdraw from the contract, the Consumer must inform the Seller about the decision to withdraw by means of a unilateral statement by means of a letter sent by e-mail to email@example.com or in writing to the address of the seller indicated in point I.3 of the Regulations.
The declaration of withdrawal from the contract may be submitted using the form, a model of which is attached to these Regulations, but it is not obligatory and may be in any form. The Seller will inform the Consumer about receiving a declaration of withdrawal from the contract.
In the event of withdrawal from the contract, the Customer is obliged to immediately return the goods to the Seller, but not later than within 14 days from the date on which the Customer informed the Seller about the withdrawal from the contract. The deadline is met if the Customer sends the Product before the deadline of 14 days. The customer bears the direct cost of returning the goods.
In the event of withdrawal from the contract, the Seller shall reimburse the Customer for all payment costs received from him, including the cost of delivery of goods, immediately, and in any case not later than within 14 days from the date on which the Seller was informed by the Customer about his decision to exercise the right to withdraw. from the contract.
The reimbursement will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
The Seller may withhold the reimbursement until receipt of the goods or until the Consumer provides proof of the return of the goods, depending on which event occurs first.
The consumer is only responsible for reducing the value of the item resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the item.
According to Art. 38 of the Act of 30 April 2014 on consumer rights (Journal of Laws of 2014, item 827), the right to withdraw from a distance contract is not available to the Consumer in relation to contracts:
for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, 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 his individual needs.
in which the subject of the service is an item that deteriorates quickly or has a short shelf life.
in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery.
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
9. Personal Data.
The administrator of personal data within the meaning of the Act on the Protection of Personal Data is the Seller - Adrianna Płachetko-Krajewska running a business under the name "Adrianna Płachetko-Krajewska" entered into CEIDG by the Minister of Economy NIP 8792641143, REGON 364961269.
The Seller processes the Customers' personal data in order to correctly fulfill orders and contracts for the provision of electronic services, fulfill other legally justified purposes of data administrators or recipients and justified purposes of the data administrator (including direct marketing of the data controller's own products and services). Customers' personal data is processed in compliance with the security rules required by the Act of August 29, 1997 on the protection of personal data.
Providing personal data by the Customer is voluntary, however, the lack of consent to their processing makes it impossible to set up an account in the Store or place an order.
The customer has the right to inspect their data and correct them.
The Seller uses "cookies". Information collected using "cookies" allows you to customize services and content to the individual needs and preferences of customers, as well as to develop general statistics on the use of the Store by customers. Only in the web browser the option that allows you to save "cookies" does not prevent the use of the Store, however, it may cause some difficulties or limitations in using it.
10. Dispute resolution.
In matters relating to disputes between the Seller and the Consumer to which these Regulations apply, the competent court is a common court resulting from legal provisions.
In matters relating to disputes between the Seller and the Customer other than specified in act 1, resulting from transactions to which these Regulations apply, the competent court will be a common court having jurisdiction over the seat of the Seller.
11. Final Provisions.
All correspondence as well as goods returned or complained about should be sent to the following address: PAVONADA, ul. Agatowa 14/1, 87-100 Toruń.
The Customer may contact the Store also via the contact form available on the Store's website, as well as via e-mail firstname.lastname@example.org.
In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of 23 April 1964 Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended), and in the case of Customers who are Consumers also include the provisions of the Act of April 30, 2014 on consumer rights (Journal of Laws of 2014, item 827), as well as the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2014, No. 144, item 1204, as amended).
The Regulations are made available to the Customer only in electronic form on the Store's website.
Customers can access these Regulations at any time via the link on the main page of pavonada.com, download it and print it out.
To the extent permitted by law, the Seller has the option to amend the regulations, in particular for reasons resulting from the change in legal provisions affecting the provisions of the Regulations and technical reasons.
Customers who have accounts in the Store will be notified of the amendment to the Regulations by e-mail provided during registration 14 days before the amendments to the Regulations enter into force. In addition, the wording of the Regulations after the changes will be made available on the Store's website 14 days before the changes come into force.
The Customer accepts or refuses to accept the provisions of the Regulations in the new wording, if the content of the Regulations has been changed since the last login.
Orders placed before the amendments to the Regulations enter into force are implemented in accordance with the current content of the Regulations.
The regulations are valid from September 14, 2017.
12. The model declaration of withdrawal from contract.
Name and Surname of the Client
A declaration of withdrawal from an off-premises contract
I declare that I withdraw from the sales contract concluded on .......... regarding the goods ........................ received on ... ............ contained in .....................
PLEASE SEND EXCHANGES AND RETURNS TO:
Ul Agatowa 14/1