§ 1 Preamble
The Regulations define the rights and obligations of Varlesca.pl online store users and the rules of its operation.
§ 2 General provisions
1. The owner and the administrator of the online store www.varlesca.pl is VARLESCA Beata GÄsicka., ul. Wejherowska 56a, 84-240 Reda, NIP: 588-235-25-76, Regon:221201598
2. Both the layout of the graphic elements and the siteâs content, including the posted photos, are the property of Varlesca.pl online store and enjoy legal protection under copyright law.
3. The Varlesca trademark is a registered and claimed trademark.
§ 3 Definitions
1. Terms used in the terms and Conditions shall have the following meanings:
1.1 Gift Certificate - bearer certificate, allowing the Customer to pay the productâs price in the store to the value of the money accumulated on the certificate, recorded on a tangible medium (plastic card, paper) or in digital form (in a file in PDF format).
1.2 Business day - one day from Monday to Friday, excluding public holidays.
1.3 Registration form - a form available in the online store that allows for creating a Customer Account.
1.4 Order Form - an electronic service that allows you to place an order.
1.5 Customer - a natural person, a legal person, an organizational unit without legal personality, using the online store, as well as an entrepreneur running a sole proprietorship.
1.5.1 Consumer - a natural person making a legal transaction with an entrepreneur (e.g., conclusion of an agreement) not directly related to his/her business or professional activity, as well as a person running a business whose PKD (Polish Classification of Activity) is not associated with the Sellerâs activity.
1.6 Account - an electronic service with an assigned login and password, in which the data given by the Customer and information about orders placed by him/her in the online store are saved.
1.7 Newsletter - electronic service provided by the Seller via e-mail, which allows you to receive from the Seller information about Products, news, and promotions in the online store.
1.8 Product - a movable item available in the online store, subject to a Sales Contract between the Customer and the Seller.
1.9 Seller: VARLESCA Beata GÄsicka. ul. Wejherowska 56a/3, 84-240 Reda, KRS: 0000881258, NIP: 588-246-55-76, Regon: 221201598
1.10 Sales Contract - a contract of sale of a Product concluded or entered into between the Customer and the Seller via the online store.
1.11 Order - Customerâs declaration of will submitted via Order Form aimed directly at concluding a contract of sale of a Product with the Seller.
§ 4 Account
1. The technical requirement to use Varlesca.pl online store is to have a computer or other electronic device with access to a web browser and access to the Internet.
2. To create an account, it is necessary to fill in the contact form with the Customerâs personal data. Each account is assigned an individual login and password. Setting up an account is voluntary and optional.
3. The customer agrees not to provide third parties with data by which he logs on to the online store.
4. The benefits of having an account are checking your purchase history, participating in contests, and receiving newsletters.
§ 5 Terms and conditions of concluding a sales contract
1. The customer can place an order after registration through their account, as well as without an account. In both cases, it is necessary to fill out an order form to place an order.
1.1 The Customer running a business-related/unrelated to the Sellerâs activities must sign a statement: I am purchasing in connection with the business of a professional nature YES / NO on the order form.
2. The prices listed on the website are expressed in euros (EUR) and include the applicable tax.
3. The order summary shows the total price of the item and shipping costs. The Customer is informed about all costs while filling in the order form. There are no hidden costs in the order process.
4. Before placing an order, the Customer should read the terms and conditions and accept them. Acceptance of the terms and conditions is voluntary but necessary to place an order correctly.
5. Acceptance of a completed order form by clicking the button âI am buying with the obligation of payâ is equivalent to the conclusion of a contract of sale by the Buyer.
6. After placing an order, the Seller shall immediately inform the Customer about accepting the order for processing. Confirmation will be done by sending the Customer an e-mail to the e-mail address that was entered by the Customer in the form when placing the order.
7. The order is recorded in the online store system as proof of the contract.
8. In the event that the Customer fails to collect the shipment, the sales contract shall be deemed not performed for reasons attributable to the Customer. The Seller shall be entitled to claim reimbursement of the actually incurred costs related to the execution of the order and the return of the shipment to the Seller.
§ 6 Preorder products
1. Products available for pre-order are items whose shipment will take place later than the standard order processing time indicated in the description of the given product.
2. The shipping date for pre-order products is approximate and may change due to circumstances beyond the Sellerâs control (e.g., delays in deliveries from the manufacturer or distributor). The Customer will be informed via email of any change in the order fulfillment date.
3. If an order includes both in-stock products and pre-order products, the order may be divided into several shipments, depending on the availability of individual products.
3.1. For orders shipped outside the territory of the Republic of Poland, the order fulfillment date shall correspond to the latest shipping date among the pre-ordered products. Such orders are not divided into separate shipments.
4. For each shipment dispatched separately, separate delivery costs are charged in accordance with the applicable price list. By placing an order, the Customer agrees to charging of separate delivery costs.
5. Pre-order purchases are processed only after full payment has been made in advance.
§ 7 Payment terms and conditions
1. The customer has the following forms of payment available:
1.1 Payment via fast payment system: Przelewy24, PayU, PayPo.
1.2 Payment with a Gift Certificate according to the rules described in § 9.
1.3 Payment on delivery (InPost, DPD courier) is available only for shipments within Poland and does not apply to pre-order purchases.
2. If the payment is not completed within 30 minutes from placing the order, the order may be cancelled and no sales agreement shall be concluded.
3. Orders above 1000 PLN are sent only with prepayment.
4. We do not accept payments by traditional bank transfer.
§ 8 Terms and conditions of order delivery
1. In the case of choosing payment by bank transfer or credit card, the order will be forwarded for execution when the payment is credited to the Sellerâs bank account.
2. the lead time for orders is 1-4 business days.
3. Product delivery is available in the territory of the Republic of Poland and outside the country according to the price list of courier companies.
4. Product delivery to the Customer is payable unless the Sales Agreement provides otherwise. Product delivery costs are public and are contained in the âDelivery Costsâ tab and in the course of placing the Order.
5. In-person collection of purchases made in the online store is impossible.
6. The time of transporting the product to the customer in the country is 1-2 working days (per the contract with the company supplying the product).
7. The Customer is obliged to check the package in the courierâs presence. If any damage to the package is noticed, it is necessary to write a damage protocol in transit and immediately notify the Seller about this fact by sending an e-mail. Failure to document the damage protocol with the courier may prevent the initiation of the complaint procedure and thus the return of the goods.
8. The Pre-order shipping date listed is approximate and is subject to change.
§ 9 Gift Vouchers
1. A Gift Voucher is a bearer goods voucher entitling the User to pay for Products offered in the Sellerâs online store, up to the value of the funds credited to the Voucher. The Gift Voucher may be issued in digital form (PDF file) or in material form.
2. The issuer of the Gift Voucher is the Seller within the meaning of these Terms and Conditions.
3. The Purchaser of the Gift Voucher is the person who transfers funds to the Seller in an amount equal to the value of the Voucher.
4. The User of the Gift Voucher is its holder, entitled to redeem the Voucher in the Sellerâs online store.
5. The Seller undertakes to deliver the Gift Voucher to the Purchaser and to accept it for redemption in the Sellerâs online store, in accordance with these Terms and Conditions.
6. The Gift Voucher is non-refundable and not exchangeable for cash.
7. The Gift Voucher is valid for a period of 2 months from the date of its issue. Information about the validity period of the Gift Voucher is provided prior to concluding the purchase agreement, in particular in the product description.
8. The Gift Voucher is intended for single use only. The Seller does not issue duplicate Gift Vouchers.
9. The Gift Voucher:
9.1. may be redeemed exclusively in the Sellerâs online store,
9.2. is not redeemable for cash,
9.3. has a validity period after which it cannot be redeemed during the ordering process.
10. After the expiry of the validity period, the User may contact the Seller in order to receive a new Gift Voucher with a value corresponding to the unused funds.
11. If the price of the Products purchased using the Gift Voucher exceeds its value, the User shall pay the difference using the available payment methods.
12. In the event of withdrawal from the contract or return of Products purchased using a Gift Voucher, the User shall receive a new Gift Voucher with a value corresponding to the returned Products. The new Gift Voucher shall be valid for 2 months from the date of its issue.
§ 10 Complaints- lack of conformity with the contract
1. The Seller shall be liable to the Consumer for the lack of conformity of the goods with the contract in accordance with the provisions of the Act of 30 May 2014 on Consumer Rights.
2. Goods are considered to be in conformity with the contract if, in particular, they:
- correspond to the description, type, quantity, quality, completeness and functionality,
-are fit for the purposes for which goods of the kind are normally used,
- possess the features and properties typical for goods of that kind.
3. The Seller is liable for any lack of conformity of the goods with the contract that existed at the time of delivery and becomes apparent within 2 years from the date of delivery of the goods to the Consumer.
4. The Consumer may submit a complaint in any form, in particular:
- in writing,
- by electronic means (e-mail)
- via the complaint form available on our website.
The use of a complaint form is not mandatory.
5. For the purpose of facilitating the complaint procedure, the Consumer may attach proof of purchase; however, the lack of proof of purchase shall not constitute grounds for refusing the consider the complaint.
6. In the event of a lack of conformity of the goods with the contract, the Consumer may request:
- repair of the goods, or
- replacement of the goods.
7. The Seller may propose an alternative solution if bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs.
8. If the lack of conformity of the goods with the contract is significant, or if the Seller:
- refused to bring the goods into conformity with the contract,
- failed to bring the goods into conformity within a reasonable time,
- the lack of conformity persists despite repair or replacement,
the Consumer may submit a statement requesting a price reduction or withdrawal from the contract.
9. The Seller shall respond to the Consumerâs complaint within 14 calendar days from the date of its receipt. Failure to respond within this period shall be deemed acceptance of the complaint.
10. If you notice any missing items, delivery defects, or discrepancies with your order, please contact our Customer Service Department by email at [email protected].
10.1. The Seller shall arrange for the collection of the faulty product at its own expense.
§ 11 Returns, right of withdrawal
1. A Consumer and a Consumer-Entrepreneur who has concluded a distance contract shall have the right to withdraw from the contract within 14 calendar days from the date of receipt of the goods, without giving any reason.
2. To meet the deadline, it is sufficient to submit a statement of withdrawal in any form, in particular:
- by electronic means (e-mail),
- in writing to the Sellerâs address.
The use of a withdrawal form, if made available, is not mandatory.
3. The Consumer may withdraw from the contract within 14 days from the date of receipt of the goods by submitting a statement of withdrawal or by returning the goods, provided that the intention to withdraw from the contract is clear from the circumstances. In the event of withdrawal from the contract, The Consumer shall return the goods to the Seller without undue delay and no later than 14 days from the date of withdrawal from the contract.
4. The Consumer shall bear the direct costs of returning the goods to the Seller.
5. The Seller shall reimburse the Consumer all payments received, including the cost of delivering the goods to the Consumer, in an amount corresponding to the cheapest standard delivery method offered by the Seller, without undue delay and no later than 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, subject to point 6 below.
6. The Seller may withhold the refund until the returned goods have been received.
7. The Consumer shall be liable for any reduction in the value of the goods resulting from use of the goods beyond what is necessary to ascertain their nature, characteristics and functioning.
8. In the case of returning footwear, the original packaging should not be used as the shipping package. The box should be additionally protected with external packaging.
9. The right of withdrawal shall not apply in the cases specified in Article 38 of the Act on Consumer Rights, in particular with respect to:
- sealed goods which are not suitable for return for health protection or hygiene reasons, if the packaging has been opened after delivery,
- swimwear, underwear and other hygienic products, if hygienic seals or protective elements have been removed after delivery.
10. Returns are not accepted in the form of cash-on-delivery shipments or shipments sent to parcel lockers or collection points.
If a return is sent in such a manner, the Seller has the right to refuse acceptance of the shipment.
Returned goods should be sent to the Sellerâs warehouse address:
Varlesca
ul. Wejherowska 56A/3
84-240 Reda
Poland
11. The Seller shall refund the payment for the goods using the same payment method as used to pay for the order, in accordance with the following rules:
a. In the case of payment via the Przelewy24 platform â to the bank account from which the payment for the order was made.
b. In the case of payment via the PayU platform â to the bank account from which the payment for the order was made.
c. In the case of cash-on-delivery payment â to the bank account number provided in the form.*
* If no form is used, the bank account number may also be provided to the Seller by other means, in particular by e-mail.
§ 12 Provisions concerning entrepreneurs
1. This section of the Terms and Conditions and the provisions contained therein apply only to Customers who are not consumers and, in the case of a sole proprietorship, do not have a professional nature of the Seller.
2. Seller has the right to withdraw from the contract of sale concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Agreement may take place without giving any reason and does not give rise to any claims on the part of the Customer, who is not a consumer.
3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including the prepayment requirement in whole or in part and regardless of the process of payment chosen by the Customer and the fact of concluding a sales contract.
§ 13 Personal data and cookies
1. The Seller processes the Customerâs personal data only to carry out the order.
2. The Seller may process the Customerâs personal data for purposes other than implementing the order after obtaining his consent.
3. Personal data of Users are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and applicable provisions of law, in a manner ensuring the highest possible level of security and preventing access by unauthorised third parties. The User has the right to access their personal data, to rectify them and to request their erasure.
4. The Seller uses cookies, which are small text information stored on the final device of the Customer (e.g., computer, tablet, smartphone). The Sellerâs IT system can read cookies.
5. The seller stores cookies on the Customerâs terminal equipment and then gains access to the information contained therein for statistical purposes, marketing purposes (remarketing), and to ensure proper operation of the online store.
6. The Seller hereby informs the Customer that it is possible to configure the Internet browser in such a way as to prevent the storage of cookies on the Customerâs end device. In such a situation, the customerâs use of the online store may be problematic.
7. The Seller hereby indicates that the Customer may delete cookies after they have been saved by the Seller, through the appropriate functions of the Internet browser, programs used for this purpose, or the use of proper tools available within the operating system used by the Customer.
8. When signing up to receive a product, the customer agrees to receive an e-mail informing about the restocking of a specific product in the online store www.varlesca.pl. E-mail messages will be sent 3 times, each time the stock level is replenished.
§ 14 Final provisions
1. In matters not covered by these Terms and Conditions shall apply universally applicable provisions of Polish law and other relevant provisions of universally applicable law.
2. Current Regulations of the online store are published on the website www.varlesca.pl. At the Customerâs request can be sent electronically to the e-mail address indicated in the registration form.
3. The Seller reserves the right to change the Terms and Conditions. Contracts concluded before the change, the version of the Terms and Conditions in force on the date of the contract of sale shall apply.
If you have additional questions, please get in touch with us:
tel: +48 881-275-255