§ 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 Gęsicka., ul. Wejherowska 56a, 84-240 Reda, entered in the National Court Register under KRS number: 0000881258, NIP: 588-246-55-76, Regon: 388067390
2. Both the layout of the graphic elements and the site’s 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 mean:
1.1 Gift Certificate - bearer certificate, allowing the Customer to pay the product’s 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 Seller’s 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 Gęsicka. ul. Wejherowska 56a/3, 84-240 Reda, KRS: 0000881258, NIP: 588-246-55-76, Regon: 388067390
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 - Customer’s 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 Customer’s 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 Seller’s activities must sign a statement: I am purchasing in connection with the business of a professional nature YES / NO on the order form.
2. Prices given on the website are in Polish zloty and include the applicable VAT 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 password “I am buying with the obligation of payment and collection” 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.
§ 6 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 § 8.
1.3 Payment on delivery (courier Inpost) - does not apply to orders with pre-order.
2. If you place an order and do not pay for it within 30 minutes using payment methods made available by us, the sales contract is terminated due to the Customer’s fault, and the order is automatically canceled.
3. Orders above 1000 PLN are sent only with prepayment.
4. Free shipping applies to all domestic orders over 299 PLN (does not apply to pre-orders).
5. We do not accept payments by traditional bank transfer.
§ 7 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 Seller’s 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 “Delivery Costs” 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 courier’s 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.
§ 8 Gift Certificates
1. Gift Certificate - bearer certificate, allowing the Customer to pay the price of the Product in the store to the value of the funds accumulated on the certificate, recorded on a tangible carrier (plastic card, paper) or in digital form (in a file in PDF format).
2. Issuer - Seller as defined in these Terms and Conditions.
3. Buyer - a person who transfers funds to the Certificate Issuer in an amount equal to the value of the certificate, in exchange for which the Certificate Issuer provides the Issuer with a Gift Certificate.
4. User - The holder of a gift certificate who presents it for redemption in a stationary or online store.
5. The Issuer undertakes to provide the Buyer with the Gift Certificate and accept it for redemption in a stationary or online store. The Buyer agrees to provide the Issuer with funds in an amount equal to the value of the Certificate.
6. Gift certificates are not redeemable for cash.
7. The Gift Certificate is valid for two months from the date it is issued to the Buyer. The validity period cannot be extended.
8. The gift certificate is for single-use; the Issuer does not reproduce a duplicate gift certificate.
9. The Issuer is not responsible for Gift Certificates that are lost or damaged after they are issued to the Buyer. The User shall have no claim against the issuer in the event of the loss, destruction, or theft of a Gift Certificate.
10. The Issuer is obliged to inform the User that the Gift Certificate:
10.1 can only be redeemed in the online store;
10.2 is not redeemable for cash;
10.3 has an expiration date after which it cannot be redeemed.
11. The Issuer is entitled to refuse to redeem a Gift Certificate in the event that:
11.1 its expiration date;
11.2 The certificate is damaged to such an extent that its data cannot be read.
12. In the event that the price of the Products purchased by the User using a Gift Certificate is higher than the value of the gift certificate, the User shall pay the difference in cash or by payment card.
13. In the event that the User cancels a contract or returns Products purchased with a Gift Certificate, the User will receive a new certificate from the Seller with a value equivalent to the price of the Products to be returned. A Gift Certificate issued by the Merchant to the User per this section shall be valid for two months from the issue date.
14. A gift certificate is a single-use certificate, meaning that it must be used for purchases with a value equal to or greater than the value of the certificate. For purchases below the value of the gift certificate, the gift certificate cannot be used a second time, and a new gift certificate will not be created for the remaining amount.
§ 9 Complaints and returns
1. The Seller is obliged to provide the Customer with a product free from defects.
2. Returned goods should be secured appropriately, packed, and sent back complete in undamaged condition to the store’s address: Varlesca, ul. Wejherowska 56a / 3, 84-240 Reda, together with the confirmation of sale and the enclosed return form.
4. The basis for return or claim is the sales receipt or invoice.
5. The Seller will respond to the complaint as soon as possible, no later than 14 calendar days from the date of its submission. The basis for initiating the complaint or return procedure is an adequately completed complaint or return form available on the website www.varlesca.pl and confirmation of sale or invoice. Sending a different form or an incorrectly filled-out form may cause a delay in processing a complaint.
6. The full range of the Seller’s liability and obligations to the Customer is set out in commonly applicable laws, particularly the Civil Code. For sales contracts, the basis and scope of the Seller’s liability to the Customer for non-compliance with the product with the sales contract are generally applicable provisions of consumer sales law.
6.1 The Seller is liable under warranty. Legal basis: Article 558 § 1 and 560 of the Civil Code
In the event of a defect, a consumer may file a warranty claim with the seller and request one of four actions:
-exchanging goods for new ones;
-repairs of goods;
-price reductions;
-the cancellation of the contract - if the defect is significant.
It is up to the consumer to choose a request. If the trader disagrees with this choice, he may, under certain conditions, propose another solution, but this must be within the premises allowed by law. The following circumstances may be taken into account:
-ease and speed of replacement or repair of goods;
-the character of the defect -substantial or immaterial;
-whether the goods have been previously advertised.
6.2 The Customer-Consumer is covered by the provisions of the Civil Code on warranty for defects.
7. In case of noticed shortages, defects in the shipment, or non-compliance with the order, please immediately contact our Customer Service Department by e-mail, but no later than within 24 hours from receipt of the shipment from the courier.
7.1 After verifying the notification, the Seller shall have the defective product collected at its expense.
7.2 A collection order is made only for the defective product. If other products are included in the return, the Customer will be charged PLN 14.99 as this will be treated as a return.
8. we do not accept returns sent COD or sent to a parcel locker.
§ 10 Right of withdrawal
1. The Customer who is a consumer and the Customer who conducts business activity and has concluded a remote contract can withdraw from it within 14 calendar days without giving any reason and without incurring additional costs, except for the cost of transport to the Seller. The customer’s statement of withdrawal can send by e-mail to the address [email protected] or by courier (Poczta Polska) to the address Varlesca, 84-240 Reda, ul. Wejherowska 56a / 3.
1.1 Customer A consumer running a sole proprietorship will be able to exercise the right of withdrawal as a Consumer only if it does not directly concern the industry in which the entrepreneur specializes and the purchase itself is not of a professional nature.
2. In the event of withdrawal, the consumer and the customer-consumer shall be materially liable only for the diminished value of the goods resulting from the handling other than what is necessary to assess their properties, characteristics, and functionality. This situation applies in particular to the return of underwear.
3. The Seller is obliged to immediately, no later than 14 calendar days from the date of receipt of product return and customer’s statement of withdrawal from the contract, return
to the Customer all payments made by the Customer, including the costs of delivery of the product (except for the additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method.
Seller shall refund payment for the goods as described:
a. When paying Paypal to your Paypal account,
b. With PayPo payment to PayPo account,
c. When paying via the Przelewy24 Platform to the account from which payment for the order was made.
d. When paying cash on delivery to the account number specified in the form.
4. Customer must immediately return the product to the Seller no later than 14 calendar days from the withdrawal date. The Customer bears the direct costs of returning the product.
§ 11 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.
§ 12 Personal data and cookies
1. The Seller processes the Customer’s personal data only to carry out the order.
2. The Seller may process the Customer’s personal data for purposes other than implementing the order after obtaining his consent.
3. Personal data of the service users are protected per the Act of 29/08/1997 on the protection of personal data in the best possible way to prevent access by third parties. The User has the right to inspect their personal data, modify and delete them.
4. The Seller uses cookies, which are small text information stored on the final device of the Customer (e.g., computer, tablet, smartphone). The Seller’s IT system can read cookies.
5. The seller stores cookies on the Customer’s 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 Customer’s end device. In such a situation, the customer’s 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.
§ 13 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 Customer’s 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