Terms of service

§1
GENERAL PROVISIONS

  1. The Store at www.carlamoreno.pl operates in accordance with these Terms and Conditions.
  2. These Terms and Conditions specify the conditions for concluding and terminating Product Sales Contracts, the complaints procedure, the types and scope of electronic services provided by the Store at www.carlamoreno.pl, the rules for providing those services, and the conditions for concluding and terminating contracts for their provision.
  3. Every Service User is required to comply with these Terms and Conditions as soon as they take steps to use the Electronic Services of the Store at www.carlamoreno.pl.
  4. Matters not governed by these Terms and Conditions are subject to the provisions of:
    1. the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended);
    2. the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827);
    3. the Act of 23 September 2016 on Out-of-Court Resolution of Consumer Disputes (Journal of Laws of 2016, item 1823);
    4. the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended), and other applicable provisions of Polish law.

§2
DEFINITIONS USED IN THESE TERMS AND CONDITIONS

  1. CONTACT FORM — the form available at www.carlamoreno.pl that enables a message to be sent to the Service Provider.
  2. REGISTRATION FORM — the form available at www.carlamoreno.pl that enables an Account to be created.
  3. ORDER FORM — the form available at www.carlamoreno.pl that enables an Order to be placed.
  4. CUSTOMER — a Service User who intends to conclude or has concluded a Sales Contract with the Seller.
  5. CONSUMER — a natural person who enters into a legal transaction with a business that is not directly related to that person's business or professional activity.
  6. ACCOUNT — a set of resources in the Service Provider's IT system, identified by an individual username and password, in which Service User data, including information about Orders placed, is stored.
  7. PRODUCT — a movable item or service available in the Store that is the subject of a Sales Contract between the Customer and the Seller.
  8. TERMS AND CONDITIONS — these Store terms and conditions.
  9. STORE — the Service Provider's online store operating at www.carlamoreno.pl.
  10. SELLER, SERVICE PROVIDER — Michał Ławecki, conducting business under the name Michał Ławecki CARLA MORENO, entered in the Central Registration and Information on Business of the Republic of Poland, maintained by the minister responsible for economic affairs. Place of business and address for correspondence: ul. Bursaki 6, 20-150 Lublin; tax identification number (NIP): 9462672827; business registration number (REGON): 368177041; email: carlamorenocollection@gmail.com; telephone: 883 200 042.
  11. SALES CONTRACT — a contract for the sale of a Product concluded between the Customer and the Seller through the Store.
  12. ELECTRONIC SERVICE — a service provided electronically by the Service Provider to a Service User through the Store.
  13. SERVICE USER — a natural person, legal person or organisational unit without legal personality to which the law grants legal capacity, using an Electronic Service.
  14. ORDER — the Customer's declaration of intent constituting an offer to conclude a Product Sales Contract with the Seller.

§3
PRODUCT INFORMATION AND ORDERING

  1. The Store at www.carlamoreno.pl sells Products over the internet on a retail and wholesale basis.
  2. Products offered in the Store are new, free from physical and legal defects, and have been lawfully placed on the Polish market.
  3. Information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specified Product on the terms stated in its description.
  4. The Store’s base currency is the Polish zloty (PLN). Depending on the selected country, prices may be displayed and payments made in the currency of that market. The payment currency and amount are displayed when placing the Order. The Product price includes all components, including VAT, and excludes delivery costs.
  5. The Product price displayed on the Store's website is binding at the time the Customer places the Order. It will not change, regardless of any changes to the prices of individual Products in the Store after the Order has been placed.
  6. Orders may be placed:
    1. through the website using the Order Form at www.carlamoreno.pl, 24 hours a day throughout the year;
    2. by email to carlamorenocollection@gmail.com;
    3. by telephone on +48 883 200 042.
  7. To place an Order, the Customer must register an Account in the Store.
  8. To place an Order in the Store, the Customer must read and accept these Terms and Conditions when placing the Order.
  9. The Store processes Orders placed from Monday to Friday during its working hours, namely 8:00–15:00 on working days. Orders placed on working days after 15:00, on Saturdays, Sundays or public holidays will be considered on the next working day.
  10. Products offered in promotions or sales are available in limited quantities. Orders for such Products will be processed in the order in which they are received until the Product's stock is exhausted.

§4
CONCLUSION OF THE SALES CONTRACT

  1. To conclude a Sales Contract, the Customer must first place an Order using a method provided by the Seller in accordance with §3 clauses 6 and 8 of these Terms and Conditions.
  2. After an Order is placed, the Seller will promptly confirm its receipt.
  3. The confirmation of acceptance of the Order referred to in clause 2 of this section makes the Order binding on the Customer. Receipt of the Order is confirmed by email.
  4. The confirmation of receipt of the Order includes:
    1. confirmation of all essential elements of the Order;
    2. a contract withdrawal form;
    3. these Terms and Conditions, including information about the right to withdraw from the contract.
  5. A Sales Contract between the Customer and the Seller is concluded when the Customer receives the email referred to in clause 4 of this section.
  6. Acceptance of the Order for processing is confirmed promptly after payment under the Sales Contract has been received, by an email sent to the Customer.
  7. Each Sales Contract will be confirmed by proof of purchase, either a fiscal receipt or a VAT invoice, which will be included with the Product.

§5
PAYMENT METHODS

  1. The Seller provides the following payment method:
    1. a traditional bank transfer to the Seller's bank account.
  2. For payment by traditional bank transfer, payment should be made to account number 57 1600 1462 1882 0758 7000 0001 at Bank BNP PARIBAS, held by Michał Ławecki CARLA MORENO, ul. Bursaki 6, 20-150 Lublin; NIP: 9462672827; REGON: 368177041. Enter “Order no. …” in the transfer reference.
  3. The payment methods available for a particular Order are displayed during checkout.
  4. The Customer must pay the price under the Sales Contract within 7 working days of its conclusion, unless the Sales Contract provides otherwise.
  5. The Product will be dispatched after payment has cleared.

§6
PRODUCT DELIVERY COSTS, TIMES AND METHODS

  1. Delivery within Poland is free for orders of PLN 100 or more. Delivery to the other countries served is free for orders of PLN 300 or more. For France, Spain and Ukraine, delivery for orders below PLN 300 currently costs PLN 39. Amounts are converted into the currency of the selected market. For other countries, below the free delivery threshold, delivery costs are displayed when placing the Order and depend on the country and selected delivery method.
  2. The time required to deliver a Product consists of the time needed to prepare it and the carrier's delivery time:
    1. Dispatch takes place on the next working day after payment for the Order has cleared.
    2. The carrier's delivery time is calculated from dispatch and depends on the country and selected carrier service.
  3. Products purchased in the Store are dispatched to Poland, Austria, the Czech Republic, Germany, Romania, Slovakia, France, Spain and Ukraine. The delivery methods available for the selected address are displayed during checkout.
  4. Products purchased in the Store may be collected in person at Bursaki 6, 20-150 Lublin.

§7
PRODUCT COMPLAINTS

  1. Complaints under the commercial guarantee.
    1. The Seller provides a 24-month guarantee for Products offered in the Store.
    2. Proof of purchase is the document entitling the Customer to exercise rights under the guarantee.
  2. Complaints under the statutory warranty for defects.
    1. The basis and scope of the Seller's liability to a Customer who is a Consumer or an entity referred to in §10 of these Terms and Conditions under the statutory warranty covering physical and legal defects are specified in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
    2. Product defects and the associated request may be reported by email to carlamorenocollection@gmail.com or in writing to Bursaki 6, 20-150 Lublin.
    3. The written or electronic report should include as much information and detail as possible about the complaint, particularly the nature and date of the problem and contact details. This information will significantly facilitate and accelerate the Seller's consideration of the complaint.
    4. To assess physical defects, the Product must be delivered to Bursaki 6, 20-150 Lublin.
    5. The Seller will respond to the Customer's request without delay and no later than 14 days after the complaint is submitted.
    6. For a complaint submitted by a Customer who is a Consumer or an entity referred to in §10, failure to consider the complaint within 14 days of its submission is equivalent to accepting it. For a justified complaint from such a Customer, the Seller covers the costs of collection, delivery and replacement of the Product with one free from defects.
    7. The response to the complaint is provided on paper or another durable medium.

§8
RIGHT TO WITHDRAW FROM THE CONTRACT

  1. Subject to clause 10 of this section, a Customer who is also a Consumer or an entity referred to in §10 of the Terms and Conditions and who has concluded a distance contract may withdraw from it without giving a reason by submitting the appropriate statement within 14 days. Sending the withdrawal statement provided by the Store before the deadline is sufficient to meet this deadline.
  2. In the event of withdrawal, the Sales Contract is deemed not to have been concluded. The Consumer or entity referred to in §10 of the Terms and Conditions must return the Product to the Seller or hand it over to a person authorised by the Seller to receive it without delay, and no later than 14 days after withdrawing from the contract, unless the Seller has offered to collect the Product. Sending the Product back before the deadline is sufficient to meet this deadline.
  3. When withdrawing from a Sales Contract, the Product must be returned to the following address:
    Bursaki 6, 20-150 Lublin    .
  4. The Consumer or entity referred to in §10 of the Terms and Conditions is liable for any reduction in the Product's value resulting from handling beyond what is necessary to establish its nature, characteristics and functioning. To establish the nature, characteristics and functioning of Products, the Consumer or entity referred to in §10 should handle and inspect them only in the same manner as would be possible in a physical shop.
  5. Subject to clauses 6 and 8 of this section, the Seller will refund the value of the Product together with its delivery costs using the same payment method used by the Consumer, unless the Consumer or entity referred to in §10 of the Terms and Conditions has expressly agreed to another refund method that does not involve any charges for them. Subject to clause 7 of this section, the refund will be made without delay and no later than 14 days after the Seller receives the statement of withdrawal from the Sales Contract.
  6. If the Consumer or entity referred to in §10 of the Terms and Conditions has chosen a delivery method other than the least expensive standard delivery method offered by the Store, the Seller is not required to refund the additional costs incurred.
  7. Unless the Seller has offered to collect the Product from the Consumer or entity referred to in §10 of the Terms and Conditions, the Seller may withhold the refund of payments received from the Consumer until the Product has been returned or the Consumer or entity referred to in §10 has provided proof of sending it back, whichever occurs first.
  8. A Consumer or entity referred to in §10 of the Terms and Conditions who withdraws from the Sales Contract in accordance with clause 1 of this section bears only the cost of returning the Product to the Seller.
  9. The fourteen-day withdrawal period for the Consumer or entity referred to in §10 of the Terms and Conditions begins on the day on which that Consumer or entity takes possession of the Product, or, in the case of a service, on the day the contract is concluded.
  10. The right to withdraw from a distance contract does not apply to a Consumer or entity referred to in §10 of the Terms and Conditions in the case of a Sales Contract:
    1. for a non-prefabricated item manufactured according to the Consumer's specifications or intended to meet their individual needs;
    2. for an item delivered in sealed packaging that cannot be returned for health protection or hygiene reasons once the packaging has been opened, if the packaging was opened after delivery;
    3. for items that, by their nature, become inseparably mixed with other items after delivery;
    4. for a service, if the Seller has fully performed the service with the Consumer's express consent and the Consumer was informed before performance began that they would lose the right to withdraw once the Seller had fully performed the service.
  11. Both the Seller and the Customer have the right to withdraw from the Sales Contract if the other party fails to fulfil its obligation within the strictly specified time limit.

§9
PROVISIONS FOR BUSINESS CUSTOMERS (B2B)

  1. This section applies only to business customers who are not covered by the protection under the Consumer Rights Act referred to in §10 of these Terms and Conditions.
  2. The Seller may withdraw from a Sales Contract concluded with a Customer who is not a Consumer within 14 working days of its conclusion. In this case, withdrawal may take place without giving a reason and does not give the non-Consumer Customer any claims against the Seller.
  3. The Seller may limit the payment methods available to Customers who are not Consumers, including requiring prepayment of part or all of the sale price, regardless of the payment method selected by the Customer and the fact that the Sales Contract has been concluded.
  4. The benefits and burdens associated with the Product and the risk of its accidental loss or damage pass to the non-Consumer Customer when the Seller hands the Product over to the carrier. In this case, the Seller is not liable for any loss, shortage or damage arising between the carrier's receipt of the Product and its delivery to the Customer, or for any delay in carriage.
  5. If the Product is sent by a carrier, a Customer who is not a Consumer must inspect the shipment at the time and in the manner customary for shipments of that kind. If the Customer finds that the Product has been lost in part or damaged during carriage, they must take all steps necessary to establish the carrier's liability.
  6. The Service Provider may terminate an Electronic Service contract with immediate effect and without giving a reason by sending a termination notice to the Service User who is not a Consumer.

§10
PROVISIONS FOR SOLE TRADERS WITH CONSUMER RIGHTS

Effective from 1 June 2020

  1. A sole trader conducting a one-person business, excluding commercial companies, is covered by the protection provided by the Consumer Rights Act, provided that the Sales Contract concluded with the Seller is not of a professional nature for that sole trader.
  2. The person conducting business referred to in clause 1 of this section is protected only in relation to:
    1. prohibited contractual provisions, also known as unfair contract terms;
    2. liability under the statutory warranty for physical and legal defects in a Product, in accordance with §7;
    3. the right to withdraw from a distance contract, in accordance with §8.
  3. The sole trader referred to in clause 1 loses these consumer protection rights if the Sales Contract concluded with the Seller is of a professional nature. This is verified on the basis of that person's entry in the Central Registration and Information on Business of the Republic of Poland, particularly the Polish Classification of Activities codes indicated there.
  4. The sole traders referred to in clause 1 are not covered by the institutional protection provided to Consumers by district consumer ombudsmen or by the President of the Office of Competition and Consumer Protection (UOKiK).

§11
TYPES AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the following Electronic Services to be used through the Store:
    1. concluding Product Sales Contracts;
    2. maintaining an Account in the Store.
  2. Electronic Services are provided to Service Users in the Store under the conditions set out in these Terms and Conditions.
  3. The Service Provider may place advertising content on the Store's website. Such content forms an integral part of the Store and the materials presented in it.

§12
CONDITIONS FOR PROVIDING ELECTRONIC SERVICES AND CONCLUDING ELECTRONIC SERVICE CONTRACTS

  1. The Electronic Services specified in §11 clause 1 are provided by the Service Provider free of charge.
  2. Contract duration:
    1. A contract for an Electronic Service enabling an Order to be placed in the Store is concluded for a fixed term and terminates when the Service User places the Order or stops placing it.
    2. A contract for an Electronic Service consisting of maintaining an Account in the Store is concluded for an indefinite period.
  3. The technical requirements for using the Service Provider's IT system are:
    1. a computer or mobile device with internet access;
    2. access to email;
    3. a web browser;
    4. cookies and JavaScript enabled in the browser.
  4. The Service User must use the Store in accordance with the law and good practices, respecting the personal rights and intellectual property rights of third parties.
  5. The Service User must provide information that is factually correct.
  6. The Service User must not provide unlawful content.

§13
COMPLAINTS CONCERNING ELECTRONIC SERVICES

  1. Complaints concerning Electronic Services provided through the Store may be submitted by the Service User by email to carlamorenocollection@gmail.com.
  2. The email should provide as much information and detail as possible about the complaint, particularly the nature and date of the problem and contact details. This information will significantly facilitate and accelerate the Service Provider's consideration of the complaint.
  3. The Service Provider will consider the complaint without delay and no later than 14 days after its submission.
  4. The Service Provider's response will be sent to the email address provided in the complaint or by another method specified by the Service User.

§14
TERMINATION OF ELECTRONIC SERVICE CONTRACTS

  1. Termination of an Electronic Service contract:
    1. A contract for an ongoing Electronic Service provided for an indefinite period, namely maintaining an Account, may be terminated by notice.
    2. The Service User may terminate the contract with immediate effect and without giving a reason by sending an appropriate statement by email to carlamorenocollection@gmail.com.
    3. The Service Provider may terminate a contract for an ongoing Electronic Service provided for an indefinite period if the Service User breaches these Terms and Conditions, particularly by providing unlawful content, after an earlier request to stop the breach within a reasonable time has proved ineffective. In that case, the contract terminates 7 days after the termination notice is given, this being the notice period.
    4. Termination ends the legal relationship with effect for the future.
  2. The Service Provider and Service User may terminate an Electronic Service contract at any time by mutual agreement.

§15
INTELLECTUAL PROPERTY

  1. All content published at www.carlamoreno.pl is protected by copyright and, subject to §15 clause 3 and content posted by Service Users and used under a licence, a transfer of economic copyright or permitted use, belongs to Michał Ławecki, conducting business under the name Michał Ławecki CARLA MORENO, ul. Bursaki 6, 20-150 Lublin; NIP: 9462672827; REGON: 368177041. The Service User is fully liable for damage caused to the Service Provider as a result of using any content of www.carlamoreno.pl without the Service Provider's consent.
  2. Any use by anyone of any element of the content of www.carlamoreno.pl without the Service Provider's express written consent infringes the Service Provider's copyright and gives rise to civil and criminal liability.
  3. All trade names, Product names, business names and logos used on the Store's website at www.carlamoreno.pl belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions and photographs presented on the Store's website at www.carlamoreno.pl are used for information purposes.

§16
FINAL PROVISIONS

  1. Contracts concluded through the Store are concluded in accordance with Polish law.
  2. If any part of these Terms and Conditions is inconsistent with applicable law, the appropriate provisions of Polish law apply in place of the disputed provision.
  3. Disputes arising from Sales Contracts between the Store and Consumers will first be addressed through negotiations aimed at reaching an amicable settlement, taking into account the Act on Out-of-Court Resolution of Consumer Disputes. If this is not possible or is unsatisfactory to either party, disputes will be resolved by the competent ordinary court in accordance with clause 4 of this section.
  4. Court resolution of disputes:
    1. Disputes between the Service Provider and a Service User or Customer who is also a Consumer or an entity referred to in §10 are submitted to the courts with jurisdiction under the Code of Civil Procedure Act of 17 November 1964 (Journal of Laws No. 43, item 296, as amended).
    2. Disputes between the Service Provider and a Service User or Customer who is not a Consumer, as referred to in §9, are submitted to the court with jurisdiction over the Service Provider's registered place of business.
  5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, particularly by applying, after the complaints procedure has ended, for mediation or for the case to be considered by an arbitration court. The application form is available at http://www.uokik.gov.pl/download.php?plik=6223. A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available at http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also obtain free assistance from a district or municipal consumer ombudsman or a social organisation whose statutory responsibilities include consumer protection. Pursuing claims out of court after the complaints procedure has ended is free of charge.
  6. To resolve a dispute amicably, the Consumer may in particular submit a complaint through the Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/.