TERMS AND CONDITIONS OF VARLESCA.PL
§ 1 Preamble
This document outlines the terms and conditions (hereinafter T&C) of the use of Varlesca.pl website and purchase of items through the Varlesca.pl online store.
§ 2 General Provisions
1. The owner and administrator of this website is Trade System Krzysztof Gęsicki -Sole Proprietor entity, Wejherowska 56a/3 street, 84-240 Reda, registered under NIP: 588 203 30 32 , Regon 221063972.
2. The layout of graphic elements and their contents, as well as the contents of the website itself, including photographs, are the property of the Varlesca.pl online store and are protected by copyright law.
3. The Varlesca brand is an officially registered trademark.
§ 3 Definitions
1. The following words and phrases applied to this T&C document are defined as:
1.1 Gift voucher - a voucher which entitles the bearer to redeem its value against the price of a product in one of the high-street (brick-and-mortar) stores, up to the amount of the actual current (remaining) money value, in the form physical token (plastic or paper card) or in a digital format (a PDF file).
1.2 Working day - every official work day of the week; Monday to Friday, excluding weekends and public holidays.
1.3 Registration form - the online form available at the online store, which allows for creating a Customer's Account.
1.4 Order Form - digital service which allows for placing an order.
1.5 Customer - a natural person, legal entity or a non-juristic body of persons using the services of the online store.
1.6 Account (Customers' Account)- an online service with an assigned User Name and Password, which stores the data provided by the Customer and details of orders made by the Customer in the online store.
1.7 Newsletter – digital service provided by the Seller via e-mail, which allows one to receive the information about products, new comings and special offers available at the online store.
1.8 Product – a physical goods offered on varlesca.pl constituting the subject matter of a sales contract between the Seller and a Customer.
1.9 The Seller - Trade System Krzysztof Gęsicki , Wejherowska 56a/3 Street, 84-240 Reda, NIP: 588 203 30 32 , Regon 221063972.
1.10 Sales Contract - legal contract for the purchase of goods by a buyer (a Customer) from the Seller, formed through the online store.
1.11 Order - expressed consent given by the Customer in writing via the Order Form solely for the purpose of entering the Sales Contract with the Seller.
§ 4 The Account
1. Using the services of the Varlesca.pl online store requires the computer or other electronic device with an access to the Internet and equipped with a web browser.
2. In order to open the account the Customer's personal data must be provided, by filling out the registration form. Each has its unique User name and password assigned. Opening the account is voluntary.
3. The Customer acknowledges that he/she must not reveal the account login details to a third party.
4. The account holder may benefit from being able to verify his/her shopping history, to participate in special offers and contests and receiving newsletters.
§ 5 The conditions of entering the sales contract
1. The Customer may place the order through his registered personal account or without registering at all. In either case, the order form must be filled out.
2. Prices on the website are in Polish Zloty (PLN) and include VAT.
3. The order summary contains the total order amount and the cost of delivery. The Customer is informed about all the costs during the completion of the order form. There are no hidden charges.
4. Before placing an order the Customer should read and accept the T&C. Accepting the T&C is voluntary, yet necessary for the correct completion of order.
5. Accepting and submitting a filled-out order form by clicking "I buy with an obligation to pay and receive" is tantamount to entering the sales contract by the Customer.
6. Immediately after placing an order the Seller will inform the Customer that the order is accepted and will be processed. The confirmation email will be sent to the address provided by the Customer in the order form.
7. The record of the order is made in the online store's system, as a proof of forming the sales contract.
§ 6 Payment
1. The Customer may choose from the following payment methods:
1.1 Payment by cash on the delivery.
1.2 Wire transfer to Seller's bank account, either regular or through the PayU service.
1.3 PayPal transfer, only in case of shipping abroad. Charges will vary, depending on the recipient’s country of residence.
1.4 Payment by a gift voucher, in accordance with § 8. of this document.
2. Should the Customer select the bank transfer, wire transfer via a third-party operator or credit / debit card payment, he/she is obligated to complete the payment within the 15 minutes timeframe, counting from the moment of the sales contract. Missing that deadline will result in the termination of the sales contract due to Customer's fault and cancelling the order.
3. With the cash on delivery payment method, the Customer must pay the total amount by cash to the courier, upon receiving the order.
§ 7 Conditions and the date of delivery
1. In case of cash on delivery payment, the order will be processed immediately after it is placed.
2. Orders paid either by bank transfer or card payment, the order will be processed immediately after the funds reach the Seller's bank account.
3. The processing of orders can take 1-5 working days
4. The cost of shipment within the area of Republic of Poland, as well as abroad, will be calculated by the Post Office or courier company with their own tariffs and pricing guides.
5. The product delivery is chargeable, unless the sales contract states otherwise. The costs of delivery are overt and may be found in the "Shipping costs and charges" section, as well as during placing an order.
6. It is not possible to pick up an order placed online in person.
7. The time of delivery (Poland) is estimated between 1 and 5 working days (as specified by a particular mail or courier company).
8. The Customer is responsible for examining the parcel in the presence of the delivery man. Should the product be damaged, please make sure you fill out the damage report form with the delivery man and notify the Seller of this fact by sending an email. The damage report is necessary to start the complaint and refund procedures.
§ 8 Gift Vouchers
1. Gift voucher - a voucher which entitles the bearer to redeem its value against the price of a product in one of the brick-and-mortar stores, up to the amount of the actual current (remaining) money value, in the form physical token (plastic or paper card) or in a digital format (a PDF file).
2. Issuer – the Seller, as defined in §2 of this T&C.
3. Buyer – a person who transfers the money equivalent of the voucher's value to the Issuer, and receives from the Issuer the gift voucher in return.
4. User - the gift voucher holder, who actually redeems its value either online or in one of high-street stores.
5. The Issuer obliges himself to issue the gift voucher to the Buyer and subsequently to honour it either online or in the high-street store. The Buyer is compelled to pay the Issuer the amount equal to voucher's face value.
6. A gift voucher is non-refundable.
7. Vouchers bought in the high-street store can be redeemed only in a high-street store. Similarly, vouchers bought online may be redeemed exclusively in the online store.
8. A gift voucher is valid for two months from the date of the issue. The period of validity cannot be extended.
9. A gift voucher may be used only once. The duplicate cannot be issued.
10. The Issuer is not responsible for vouchers which are lost or damaged after being issued to the Buyer. In case of loss, damage or theft of the gift voucher the User is not entitled to claim any form of compensation from the Issuer whatsoever.
11. The Issuer is obligated to inform the User, that a gift voucher:
11.1 may be redeemed only in the online or a high-street store.
11.2 is non-refundable
11.3 has a period of validity, after which it will expire and cannot be used
12. The Issuer has a right to refuse to accept and redeem a gift voucher, if:
12.1 a voucher has expired;
12.2 it has been damaged to the degree of making it unreadable.
13. Should the total price of products bought by the voucher User exceed its actual value, the User will have to pay the difference by cash or card.
14. In case of renouncing the contract or returning the Goods bought with a gift voucher, the User will receive from the Issuer a new voucher with the value equal to the total cost of Products due to be returned. The voucher issued on the basis of the above statement will have an expiry date set exactly two months from the date it was issued.
15. A gift voucher is valid for a one-off payment, which means it ought to be redeemed against the purchase of goods for the amount equal or higher than its value. If the total price is less than its value, the voucher cannot be re-used and the difference will not be refunded.
§ 9 Returns and Refunds
1. The Seller has the responsibility of providing the Customer with the product free of any faults and flaws.
2. All returns and refunds claims should be made by sending a completed form by email to [email protected], or by post or courier to Varlesca, ul. Wejherowska 56a/3, 84-240 Reda.
3. The product which is being returned should be properly packed, secured and sent intact to the following address: VARLESCA, 56a/3 Wejherowska Street, 84-240 Reda, Poland, along with a completed return/refund form and the proof of purchase. You can download the form from www.varlesca.pl.
4. In order to obtain a refund or process a return, a receipt or an invoice is necessary.
5. The Seller will handle a return claim as soon as possible, however, no later than within 14 calendar days from the date it was submitted. To initiate a return or refund procedure, apart from the proof of purchase (receipt or invoice), a relevant form, available at www.varlesca.pl, must be correctly filled out. Sending wrong or incorrectly completed form may cause a delay in handling of the claim.
6. The full scope of Seller's liability to the Customer is determined by provisions of generally applicable law, especially of the civil code. For sales contracts the basis and the scope of Seller's liability to the Customer in regards to the non-compliance of the goods with the contract of sales are determined by the Common consumer law.
7. In case of receiving an incomplete order, please contact our Customer Service Department at once, however, no later than within 24 hours from the time of delivery.
§ 10 Right of withdrawal
1. The Customer has the right to withdraw from the purchase agreement on a voluntary basis within 14 days without giving any reason and without incurring any additional costs, except for the costs of returning the product(s) to the Seller. The Customer may send the statement informing about his decision to withdraw from the contract by email to [email protected] or by post or courier to Varlesca, 84-240 Reda, ul. Wejherowska 56a/3.
2. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. This applies especially to returns of underwear and lingerie.
3. The Seller shall promptly, not later than within 14 calendar days from the date of receiving the product(s) and the Customer's withdrawal statement, reimburse to the Customer all payments made by him, including the costs of delivering the Goods (except for any additional costs in case the Customer has chosen a method of delivery of the Goods other than the cheapest usual delivery method).
The Seller, depending on the original payment method, will process the refund:
a. for cash on delivery and bank transfers to the bank account using the number provided in the order form.
b. for PayPal payments back to the PayPal account,
c. for PayU payments back to the PayU account,
d. for Przelewy24 back to the Przelewy24 account, from which the order was paid for. Unless the Seller have offered to pick the returning product(s) from the Customer, he may withhold the reimbursement of payments received from the Consumer until receiving of the Goods.
4. The Customer must return the product(s) to the Seller without any delay, no later than within 14 calendar days from the date of withdrawal. Any costs incurred directly due to the return are borne by the Customer.
§ 11 Provisions regarding Entrepreneurs, sole proprietor and business entity
1. The following paragraph of T&C and provisions outlined hereby, apply exclusively to any Customers who are not consumers.
2. The Seller has the right to withdraw from the contract of sale formed between himself and the Customer within the 14 calendar days' period, from the date of entering the agreement, without giving any specific reason. It does not give the Customer, who is not a Consumer at the same time, any basis to raise any claims whatsoever.
3. In case of Customers not being Consumers, the Seller has the right to limit the available payment methods and to demand the payment upfront, either the total amount or just a part of it, regardless of the payment method chosen by the Customer or the fact of entering the contract of sale.
§ 12 Personal data and cookies
1. The Seller processes the Customer's personal data for the sole purpose of fulfilling the contract.
2. The Seller may processes the Customer's personal data for other purposes too, provided that he obtained the Customer's consent beforehand.
3. Personal details of service users are secured, in accordance with the 1997 Data Protection Act, by the highest possible means, to prevent data from any unauthorised third-party actions. The Customer has the right to access his/her personal details provided, the right to making changes and/or removing them at all.
4. The Seller uses 'cookies', which are small data files stored on the Customer's terminal device such as a PC, tablet or a smartphone. Cookies may be read by the Seller's IT system.
5. The Seller stores cookies on the Customer's terminal device and, subsequently, gains the access to the information they contain for statistical and commercial (remarketing) purposes, as well as to ensure the correct functioning and performance of the online store.
6. Hereby, the Seller informs the Customer, that the web browser settings can be modified in order to prevent cookies from being stored on the device. Should the Customer utilize that feature, the use of the online store may become hindered.
7. Hereby, the Seller gently points out, that once the cookies are saved by us, they may be deleted by the Customer by the means of relevant web browser functions, programs specially designed for this task or adequate tools in which the operating system used by the Customer is equipped.
§ 13 Final provisions
1. In matters not covered by these Terms and Conditions, the provisions of Polish law, including the Civil Code and other relevant provisions of Polish law shall apply.
2. The current, up-to-date version of these online store T&C is published on the www.varlesca.pl website and may be sent to the email address provided by the Customer in the registration form, at any times upon their request.
3. The Seller reserves himself the right to amend the Terms and Condition. Any such changes will be effective upon publishing the revisions and are not applicable for contracts entered into before the amendment. Please always refer to the document from the date the contract commenced.