Terms and Conditions of the movswear.com online store
I. Definitions The terms used in the Terms and Conditions mean:
1. Customer - a natural person, legal person or organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order in the Store;
2. Consumer - in accordance with art. 22 [1] of the Civil Code means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
3. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Terms and Conditions - these Terms and Conditions, which define the general terms of sale and the rules for the provision of electronic services within the movswear.com online store;
5. Online Store (Store) - a website available at movswear.com, through which the Customer may place Orders; 6. Goods - articles presented in the Online Store;
7. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between MOVSWEAR and the Customer, concluded using the Store's website;
8. Act on consumer rights - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
9. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
10. Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying, in particular, the type and quantity of the Goods.
II. General provisions
1. These Terms and Conditions define the rules for using the online store available at movswear.com.
2. These Terms and Conditions are the regulations referred to in Art. 8 of the Act on the provision of electronic services.
3. The MOVSWEAR online store, operating at movswear.com, is run by MOVSWEAR NATALIA GROCHAL, ul. Podchorążych 35C/16, 94-234 Łódź, NIP: 7272544657, REGON: 389792270. The economic activity is registered in the Central Register and Information on Economic Activity (CEIDG), kept by the minister responsible for the economy.
4. These Terms and Conditions specify in particular: - the terms and conditions for submitting Orders via the online store; - the rules for concluding Sales Agreements with the use of services provided as part of the Online Store.
5. In order to be able to use the Online Store, the Customer should meet the following technical requirements necessary to cooperate with the Seller's IT system: - have a personal computer (PC) or another electronic device with software that allows browsing websites and accepts cookies and with JavaScript support enabled, - have active access to the Internet, - have an e-mail account (e-mail)
6. In order to use the online store, the Customer should obtain access to a computer station or terminal device with Internet access.
7. In accordance with applicable law, the owner of the MOVSWEAR store reserves the right to limit the provision of services via the Online Store to persons who have reached the age of 18 years. In this case, potential customers will be notified of the above.
8. Customers can access these Terms and Conditions at any time via the link on the main page of movswear.com, download it and print it out.
III. Rules for using the Online Store
1. The customer may place an order without registering in the Store, after reading and accepting these Terms and Conditions.
2. In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data sent on the Internet by unauthorized persons.
3. The customer is obliged in particular to: - use the Online 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. - not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties, - using the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices, - failure to take actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store, - using the Online Store in a way that is not inconvenient for other customers and for MOVSWEAR, - use of any content included in the Online Store only for personal use.
IV. Procedure for concluding a Sales Agreement
1. To conclude a Sales Agreement via the Online Store, go to the movswear.com website and select the Goods by taking further technical steps based on the messages displayed to the Customer and information available on the website.
2. The selection of the Goods ordered by the Customer is made by adding them to the basket.
3. When placing the Order - until the 'Order and pay' confirmation button is pressed - the Customer may modify the entered data and the selected Goods. For this purpose, the Customer must follow the messages displayed and the information available on the website.
4. After the Customer using the Online Store provides all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order includes, among others description of the selected goods or services, the total price, and all other costs.
5. The Customer is obliged to provide up-to-date data consistent with the actual state, and the Seller is entitled to verify the data provided by the Customer and if the Customer provides false or outdated data, the order will not be accepted for execution.
6. To send an Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the button confirming the submission of the Order.
7. The Customer may place Orders 24 hours a day, on all days of the week, including public holidays.
8. Information about the Goods provided on the Store's website constitutes an offer within the meaning of Art. 66 of the Civil Code. Sending the Order by the Customer is a declaration of will to conclude a Sales Agreement with MOVSWEAR, in accordance with the Terms and Conditions. The contract is treated as concluded when the Customer's Order enters the IT system of the Online Store, provided that the Order complies with the Terms and Conditions. After concluding the contract, the Customer receives an e-mail confirming all essential elements of the Order.
9. The sales contract is concluded in Polish, in accordance with the Terms and Conditions.
10. Customers can access these Terms and Conditions at any time via the link on the main page of movswear.com, download it and print it out.
V. Delivery
1. The delivery of the Goods is limited to the following European Union countries: Poland, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Malta, Germany, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary, Italy and takes place at the address provided by the Customer when placing the Order. Delivery options to other countries are determined individually after the Customer contacts the Store.
2. Delivery of the ordered Goods is carried out via: - Courier company - Parcel lockers It is not possible to collect the ordered goods in person in our store. Full rules and prices for the delivery of products can be found in the 'Delivery' tab at this link https://movswear-pl.shoplo.com/page/delivery-and-returns. Additionally, delivery costs will be indicated when placing the Order.
3. The delivery date is a maximum of 7 business days and is counted from the moment of obtaining positive payment authorization.
4. Damage to the Goods caused during delivery. In the case of distance consumer purchase, our Store always bears the risk of accidental damage or loss of goods during transport. If the goods are delivered with obvious damage caused during transport, we kindly ask you to report such a defect to the carrier as soon as possible and contact us. A delay in submitting such a complaint or making contact does not have any consequences for the statutory claims of the Customer and their satisfaction, in particular for the Customer's rights under the statutory warranty for defects (point VIII of the Regulations). Faster reporting of noticed damage caused during transport helps us in pursuing our own claims against the carrier or transport insurer.
VI. Prices and payment methods
1. Commodity prices are given in Euro and include all components, including VAT.
2. The entity providing online payment services is Paypal.
Payment methods available:
Credit cards:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro
4. If there is a need to return funds for a transaction made by the Customer with a payment card, the Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
VII. The right to withdraw from the contract
1. By law, the Customer has the right to withdraw from this contract within 14 days without giving any reason.
2. To exercise the right to withdraw from the contract, the Customer must inform us (email: movswear@gmail.com) about his decision to withdraw from this contract by an unequivocal statement (by e-mail). The customer may use our model withdrawal form, but it is not obligatory. The form is available at the bottom of the page in the 'Delivery and returns' tab
https://movswear-pl.shoplo.com/page/delivery-and-returns; After receiving the parcel with the return of the goods, we will immediately send you an e-mail confirmation of receipt of the information about withdrawal from the contract.
3. In order to meet the deadline for withdrawing from the contract, it is sufficient for the Customer to send information (by e-mail) regarding the exercise of the Customer's right to withdraw from the contract before the deadline to withdraw from the contract. Please send the package with the returned goods immediately after informing us of your intention to withdraw from the contract. More details on returns can be found in the 'Delivery and returns' tab https://movswear-pl.shoplo.com/page/delivery-and-returns
Consequences of withdrawal from the contract
1. In the event of withdrawal from the contract, the Seller shall return to the Customer all payments received from him, except for the costs of delivering the Product, immediately, and in any case not later than 14 days from the date on which the Seller was informed about the Customer's decision to exercise the right to withdraw from the contract. The reimbursement will be made by the Seller using the same payment methods that were used by the Customer in the original transaction unless the Customer expressly agrees to a different solution. In any event, the Customer will not incur any fees in connection with this reimbursement. The Seller may, however, withhold the reimbursement until receipt of the Product or until the Customer provides proof of its return, depending on which event occurs first. In order to avoid any doubts in such a situation, the Product / Products should / should be sent to the following address of the Seller: MOVSWEAR ul. Podchorążych 35 c, m 16, 94-234 Łódź.
2. When withdrawing from the contract, the customer should return the item to us immediately, and in any case not later than 14 days from the day on which he informed us about the withdrawal from this contract.
3. In the event of withdrawal from the contract, the Customer shall bear the direct costs of returning the Product (s) to the Seller.
4. The Customer is responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics, and functioning of the Product.
5. The Seller reserves and informs that pursuant to Art. 38 of the Act of May 30, 2014. on consumer rights (i.e. Journal of Laws of 2019, item 124, as amended), the right to withdraw from a contract concluded outside the business premises or at a distance is not entitled to the consumer, in particular with regard to: - Agreements where the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs. This applies to the clothing made to the customer's special order. Such an order is previously agreed individually between the Store and the Customer.
Model withdrawal form
1. A model withdrawal form that the customer can use is available at the bottom of the page in the 'Delivery and returns' tab https://movswear-pl.shoplo.com/page/delivery-and-returns
2. The client may also use the format as below: - Recipient: MOVSWEAR NATALIA GROCHAL, ul. Podchorążych 35C/16, 94-234 Łódź, movswear@gmail.com - I hereby inform you about my withdrawal from the contract of sale of the following items - Date of receipt - Name and surname of the consumer - Consumer's address - Consumer's signature (only if the form is sent in paper version) - Date
3. However, it is not obligatory to use one of the above-provided return forms to make a return.
VIII. Complaints about the Goods
1. The Seller is obliged to provide the Customer with a Product free from defects, and therefore is liable to the Customer if the Product has a physical or legal defect.
2. Complaints may be submitted: - by mail to the following address: MOVSWEAR, Podchorążych 35C / 16 Street, 94-234 Łódź Poland - via e-mail to the following address: movswear@gmail.com.
3. The complaint will be considered by the Seller within 14 days from the date of delivery of the complaint.
4. If the complaint is considered in favor of the Customer, the Seller will repair or replace the Product in question with a new, full-fledged Product or return the value of the purchased Product.
5. The consumer submitting the complaint is obliged to deliver the Product to the Seller together with the proof of the purchase contract.
IX. Complaints regarding the provision of electronic services
1. MOVSWEAR takes steps to ensure that the Online Store functions properly, to the extent that results from the current technical knowledge, and undertakes to remove any irregularities reported by customers within a reasonable time.
2. The customer may notify us of any irregularities or interruptions in the functioning of the Online Store website. Please report any irregularities related to the functioning of the Store by e-mail to the following address: movswear@gmail.com.
3. In a complaint regarding irregularities related to the functioning of the Online Store website, please indicate the type and date of the irregularity.
4. We undertake to respond to the complaint immediately, not later than within 14 days from the date of its submission.
X. Out-of-court ways of dealing with complaints and redress
1. Please be advised that there are possibilities of using out-of-court complaint and redress procedures. Their use is voluntary and may only take place if both parties to the dispute agree to it. - The consumer may request the initiation of proceedings for out-of-court settlement of consumer disputes regarding the concluded Sales Agreement to the Trade Inspection, in accordance with art. 36 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended). - The consumer may also apply for a dispute regarding the concluded Sales Agreement to be examined by a permanent arbitration court operating at the appropriate voivodeship inspectorate of the Trade Inspection, in accordance with art. 37 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended). - The European Commission also provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform). It is available at http://ec.europa.eu/consumers/odr/. ;
2. Detailed information on the settlement of consumer disputes, including the possibility for the Consumer to use extrajudicial means of dealing with complaints, redress and the rules of access to these procedures are available at the offices and on the websites of the provincial inspectorates of the Trade Inspection and at the Internet address: https: // uokik .gov / spory_konsumenckie.php.
XI. Final Provisions
1. The court competent for resolving disputes with Consumers is the court having jurisdiction over the applicable provisions of the Code of Civil Procedure.
2. The settlement of any disputes arising between MOVSWEAR and a customer who is not a consumer is subject to the court having jurisdiction over our seat.
3. In matters not covered by these Regulations, the provisions of applicable law shall apply, in particular the provisions of the Act of 23 April 1964 Civil Code (uniform text, Journal of Laws of 2014, item 121, as amended) and the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827). In the event of any conflict of these Regulations with the rights of customers and provisions resulting from generally applicable provisions, generally applicable provisions of Polish law shall apply.
4. The Seller reserves the right to amend these Regulations at any time. In the event of a change in the Regulations, Orders placed before the date of the change will be implemented on the basis of the rules in force before the changes are introduced.