These Regulations sets out the general terms, conditions and manner of sales by Jamrog Film & Fashion. based in Jerzykowie, through the online store Melissa dessous (hereinafter: "Online Store") and defines the terms and conditions for the provision by Jamrog Film & Fashion. based in Jerzykowie free services electronically.
§ 1 Definitions
- Working days - means weekdays from Monday to Friday excluding public holidays.
- Delivery - means the physical act approach to provide the Customer by the Seller, through the Supplier, the Goods specified in the order.
- Supplier - means the Polish Post Office that is associated with Seller in the assessment and delivery of the Goods.
- Password - is a string of letters, digits, or other selected by the customer during the Registration in the Online Shop, used to protect access to customer accounts in the Online Shop.
- Client - is the entity for which compliance with the Regulations and laws can be provided electronically or services which may be concluded contract of sale.
- Consumer - means any natural person making the entrepreneur legal action related directly to his business or professional activity.
- Customer Account - means an individual panel for each client, running on his behalf by the seller, after the customer registration and conclusion of an agreement the service carrying customer accounts.
- Login - means the individual client identification, established by him/her, consisting of a string of letters, digital, or other required along with the password to create a customer account in the Online Shop. Login is an appropriate e-mail address of the client.
- Entrepreneur - means a natural person, legal person or organizational unit who is not a legal entity, which the law recognizes the legal capacity, leading in their own name business or professional activity and making the legal actions directly related to his/her trade or profession.
- Registration - means the real act made in the manner described in the regulations, required to use all the functionality of the Online Store by the client.
- The store www.melissa.com.pl, e-mail: firstname.lastname@example.org,is run by Jamrog Film & Moda Janusz Jamrog entered in the Central Registration and Information on Economic Activity, TIN: 781-126-15-25, code: 639784389, located at: ul. Zaciszna 24, 62-007 Jerzykowo , Pobiedziska commune, district of Poznan, which is also the owner of Shop.
- Website Shop - means websites, run by the seller, operating in the domain melissa.com.pl
- Goods – mean the products described by the seller on the Web Site Store, which could be the subject of the sale agreement.
- Hard media - means a material or tool to enable the customer or the seller to store information addressed personally to him/her in an accessible way for future reference, for the time appropriate to the purpose of the information is used, and that can be restored unchanged.
- The contract of sale – means a contract of sale made at a distance, on the terms specified in the regulations, between the customer and seller.
§ 2 General regulations and the use of the Internet Store
- All rights to the online shop, including copyrights, intellectual property rights to its name, the Internet domain, Website Store, as well as patterns, forms, logos appearing on the Website Shop (except for logos and images presented on the website Store for presentation purposes of the goods to which the copyrights belong to third parties) belong to the seller, and using them is possible only in a specified way and in accordance with the rules and expressed approval of the seller in writing.
- The seller uses the "cookies" that, when you use the Website Customers Shop, are stored by seller’s hard disc server on end user device. The purpose of using "cookies" is to provide the correct functioning of the Website Shop on a customer ‘s end user device. This mechanism does not destroy the client’s end user device, and does not change the configuration of the these devices or any software installed on them. Every customer is allowed to disable the "cookies" on his/her web browser device. The seller indicates that the disabling of "cookies" may, however, cause difficulties or problems to access the Website Shop.
- To place an order in the Online Shop via the Website Store and to use the services available on the Internet Sites Store, the customer must have an active email account.
- It is prohibited to the customer to supply illegal content and use Website Shop Site or free services provided by the seller, in a manner contrary to the law, morality, violation of personal rights of third parties.
- The Seller declares that the public function of the Internet and the use of services provided by electronic means may be associated with the risk of acquiring and modifying customer’s data by unauthorized persons, so customers should apply appropriate technical means to minimize the risks mentioned above. In particular, they should use anti-virus software to protect personal identity in the Internet. The seller never asks the client for an access to any form of passwords.
§ 3 Registration
- To create a customer account, the customer shall be obliged to make a free registration.
- Registration is not required to place an order in the Online Shop.
- In order to register, the client must complete the registration form provided by the seller on the Website Store and send the electronically completed registration form to the seller by choosing appropriate function in the registration form. During the registration the client establishes an individual password.
- During the registration, the customer has the opportunity to become familiar with the regulations, accepting its contents by marking the appropriate box on the form.
- After sending a completed registration form, the customer is given a confirmation of a registry from the seller via email address provided earlier in the form . From the moment the contract is concluded for the electronically providing services of customer accounts and the customer is allowed to access to customer account and make changes to the data provided during registration, except for the login.
§ 4 Orders
- The information on the Website is not a seller’s offer , within the meaning of the Civil Code, it is only an invitation for the clients to conclude the sale.
- The customer can place orders in the Online Shop via the Website Shop 7 days a week, 24 hours a day.
- Placing an order via the Website Store, the customer completes the order by selecting goods, which is interested, size, colour and quantity. Adding goods to the order is done by selecting the "ADD TO BASKET" under the product presented on the Website Store. When completed the whole order in the “BASKET” and choosing delivery and payment method, customer places an order by sending the order form to the seller, after selecting the Website Store button "TO ORDER". Before each order , the client is informed of the total price for the chosen products and delivery service, as well as all additional costs that are required to pay in connection with the contract of sale.
- Placing an order by the Client means making an offer of contract of sale to the seller of the goods involved in the contract.
- After placing an order, the seller will send the confirmation to the e-mail address provided by the customer.
- After order confirmation, the seller shall send the admission to realization to the given e-mail address. Information about the acceptance of an order is a statement of seller’s offer acceptance referred to §4. 4 above and as soon as it is received by the customer is also a conclusion of the sale.
§ 5 Payments
- The prices on the Website Store are the gross prices and do not include information about delivery costs and any other costs that the customer will be required to pay in connection with the contract of sale, of which the client will be informed when choosing a method of delivery and payment.
- The customer can choose the following methods of payment:
- bank transfer to the seller's bank account (in this case, the realization of the contract will be initiated after sending the order confirmation to the customer by the seller. The dispatch will be made after receiving the money on the seller's bank account);
- transfer by PayPal payment system, with the payment to the seller’s e-mail email@example.com (in this case, the realization of the contract will be initiated after sending the confirmation of the contract to the customer by the seller and after PayPal information about customer’s payment);
- The customer is obliged to make payment within 7 days for the order at the value resulting from the signed Agreement.
- In case of default of payment by the client in the time specified in §5. The seller determines the customer additional time for payment and informs the customer via e-mail or in writing. Information on the additional period for payment also indicate that after the expiry of that period, the seller withdraws from the sales agreement. In the case of ineffective expiry of the second deadline for payment, the seller will send to the customer via e-mail or written statement of withdrawal from the contract based on Art. 491 of the Civil Code.
§ 6 Delivery
- The seller fulfills orders from all over the world.
- The seller is obliged to deliver the product which is the subject of the sales agreement free from defects.
- The Seller publishes on the Website Store information about the number of working days required for delivery and completion of the contract.
- The term of the delivery and completion the contract indicated on the Website Shop is calculated from the moment of payment done by the client and acceptance the money on seller’s account.
- The ordered goods are delivered to the customer via the deliverer at the address indicated in the order form.
Delivery time varies, depends on the availability of the ordered product (for example: size / colour of underwear) and is usually between 1-14 working days. In special cases, this period may be extended (the customer service informs individually), but the delivery time will not be longer than 30 days.
For orders consisting of more products but supposed to be delivered in one parcel, the completion date will depend on the date of completion the last element of a contract by the store, unless the parties agree otherwise.
The customer can cancel the order at any stage of its realization, without giving any reason.
- The customer should examine the parcel delivered, in time and in a manner acceptable to the delivery of that type, in the presence of a delivery service employee. In case of defect or damage to the parcel, the customer has the right to demand the suitable written report from the delivery service worker.
- The customer may collect the ordered products in person. It can be done in the vendor’s office on working days, after making an appointment by e-mail or by phone.
- The seller, attaches the cash register receipt or VAT invoice (if preferred) to every item that is the subject of a delivery .
- In case of the customer’s absence at the indicated address specified when ordering a delivery address, a delivery service employee leaves an advice note or tries to contact by phone. In case of a return sending the ordered products by the delivery service, the seller will contact the customer by e-mail or phone again, to arrange the time and cost of delivery.
§ 7 Warranty
- The seller ensure the delivery of goods, free of physical and legal defects. The seller is responsible if the product has a physical or legal defect (warranty).
- If a product has a defect the customer may:
- make a declaration to reduce prices or to terminate the contract of sale, unless the seller immediately and without any inconvenience for the customer, replaces the defective product for free from defects or removes the defect.
This limitation does not apply if the product has already been replaced or repaired by the vendor or the vendor did not satisfy the obligation to exchange the goods for free from defects or remove defects.
The customer has the right to exchange the product or demand a defect removal if it is possible and would not require excessive costs in comparison with the method proposed by the seller. When evaluating these costs, the value of the goods free from defects is taken into account, the kind and importance of the defects, and customer’s inconvenience.
- demand the exchange of the defective products for free of defects or defect removal. The seller is obliged to replace the defective product for free of defects or remove the defect within a reasonable time without excessive inconvenience to the customer.
The seller may refuse customer’s demand, if the chosen way of defect removal is impossible or in comparison with other possible way ,the demand would require excessive costs.
- The customer, who exercises the right to warranty, is obliged to deliver the defective product at the seller's address.
- The seller is responsible under the warranty if physical defect is found before the expiry of two years from the date of delivery the goods to the customer. The claim for the defects removal or the exchange of the products to be free from defects expires after a year, but the term cannot be completed before the deadline specified in the first sentence. At that time, the customer may terminate the contract of sale, or make a statement about the price reduction because of defects. If the customer demanded the replacement of the goods or defect removal, the deadline to terminate the contract of sale agreement or making a statement about reducing the price begins at the moment of ineffective deadline to replace the goods or defect removal.
§ 8 Complaints
- Any complaints relating to the goods or execution of this agreement of sale may be made in writing at the address of the seller.
- In order to consider the complaint of the goods, the customer must send or deliver the defective product to the seller.
- The seller considers the customer’s complaints within 14 days, beginning with the date of receiving it, and gives the answer in writing.
§ 9 Guarantee
- The goods sold by the seller may be guaranteed by the producer or distributor of the goods.
- In the case of goods under warranty, the information concerning the content of the guarantee is always presented on the Website Store.
§ 10 Termination of the contract of sale
- The client as a consumer who has entered into sale agreement may withdraw from the contract of sale within 14 days without giving any reason.
- The deadline to withdraw from the contract of sale starts at the moment of taking possession of the goods by the customer.
The customer can terminate the contract of sale, by making a statement of withdrawal for the sellers. Declaration may be made on a form placed by the seller with the goods sent. Sending a statement before its expiry is enough to respect the time limit.
- In case of withdrawal the contract of sale, it is considered null and void.
- If the customer makes a statement to terminate the contract of sale before the seller accept the offer, the offer ceases to be binding.
- The seller is obliged to return the payments made by the customer, not later than 14 days from the date of receiving the withdrawal declaration. The seller may withhold the refund of payments until receiving the products back .
- The Seller is not obliged to refund any additional costs to the customer.
- The customer is required to return the goods to the seller immediately, no later than within 14 days from the date of termination. To comply with this deadline the customer should return the goods to the address of the seller before expiry.
- In case of termination the customer is responsible only for the direct cost of returning the goods.
- The customer is responsible for the reduction in the value of the goods as a result of using it in a way that goes beyond a necessary to establish the characteristics and functioning of the goods.
- The seller makes a refund of the payment using the same method used by the customer.
§ 11 Free services
- The Seller provides free of charge electronic services:
- Contact Form;
- Recommend to a friend;
- Operation of customer accounts;
- Post opinion.
- Services specified in § 11 paragraph. 1 above are provided seven days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, form, time, and method of providing access to mentioned services, about which the clients will be informed in a manner appropriate to change the Regulations.
- The “Contact Form” service , means sending the message to the seller by using the form on the Website Shop.
- The cancellation of the free service “ Contact Form” is possible at any time and consists of discontinuation of querying the seller.
- The “Recommend to a friend” free service is to enable the seller sending e-mails on customer’s choice of products, to customer’s friends. Before sending the message, the customer specifies goods intended to be the subject to prompt, and then using the "Recommend to a Friend" fills in the form by entering his/her e-mail address and the e-mail address of a friend, whom he/she wants to recommend the selected product. The customer cannot use this service for any other purpose than recommending the goods. The client does not receive any remuneration or other benefits for this service.
- The cancellation of the “Recommend to a friend” free service, is possible at any time and consists of discontinuation of sending commands about selected products to customer’s friends.
- Customer Account Service is available after registration according to the terms described in the regulations and is to provide the customer with a dedicated panel as part of the Web Site Store, which allows the customer to modify data provided during registration, as well as monitor the status of orders, and the history of orders already completed.
- The customer who has made registration may request to make a deletion of the Customer Account, and it can be removed within 14 days from the day of the request.
- The “Post opinion” service, is to enable registered customers posting their individual and subjective statements on the Website Store.
- Cancellation of services placing opinion is possible at any time and is to discontinue posting of content by you on the Website Store.
- The seller is entitled to block the free services access in the case of acting against the customer’s or seller’s property and good, against the law or regulations, as well as for safety reasons - in particular, breaking down the Client security or other hacking activities. The service will be blocked as long as needed for customer’s safety. The seller shall notify the client about safety system problems by e-mail to the address provided by the customer in the registration form.
§ 12 Customer's responsibility for internet posts and contents
- When posting contents and making it available, the customer makes a voluntary share of contents. Posted contents does not express the opinion of the seller and should not be identified with its activities. The seller is not a content provider but the entity that provides adequate ICT resources.
- The customer declares that:
- he/she is entitled to use copyrights, industrial property rights and / or rights related to - appropriately - tracks, objects of industrial property rights (eg. trade marks) and / or objects of related rights, which make up the content;
- posting and sharing (services referred to in §11) personal data, images and information about third parties took place legally, and voluntary with the consent of the people they relate;
- agrees the insight into the content published ,by other customers and the seller, as well as authorizes the seller to use them free of charge in according to these Regulations;
- agrees to make adaptations of works within the meaning of the law on copyright and related rights.
- The customer is not entitled to:
- post ,according to services referred to in § 11, personal data of third parties, and publicize the images of the third parties without the legally required authorization or approval of a third party;
- post (services referred to in § 11) the contents of an advertising and / or promotion.
- The seller is responsible for the contents posted by customers provided that he/she receives the notification in accordance with § 13 of the regulations.
- It is forbidden to share by customers the contents of which could, in particular:
- be published on bad purpose, for example with the intention of infringement of any third party rights;
- infringe any third party rights, including rights relating to the protection of copyright and related rights, the protection of industrial property rights, business secret or in connection with the obligations of confidentiality;
- have an offensive character or directed to be a threat to others, include words contrary to good morals (eg. the use of vulgarisms or expressions generally considered offensive);
- be in conflict with the interests of the seller;
- otherwise violate the rules, morals, applicable law, social norms or moral.
- In case of notification in accordance with § 13 of the regulations, the seller has the right to modify or remove contents posted by customers in the context of their use of the services, referred to in § 11, in particular with regard to the contents to which, based on the reports of third parties or the authorities, stated that they may violate these terms and conditions or applicable law. The seller does not carry ongoing monitoring of the contents posted.
- The customer agrees to the free use of his/her contents posted on Website Store by the seller.
§ 13 Notification- danger or rights violation
- If the customer or any other person or entity considers that the contents published on the Website Store infringes their rights, personal goods, feelings, morals, beliefs, principles of fair competition, know-how, the secret protected by law or under liabilities, he/she may notify the seller about a potential violation.
- The Seller informed about the potential violation, take immediate action to remove improper contents from the Website Store.
§ 14 personal data protection
- The administrator of all personal information, voluntarily provided to the seller as part of the registration, single ordering and in the provision of electronic service, described in the regulations, is the Seller.
- The seller processes personal information for the purpose of customer orders, electronic services and other purposes set out in the regulations. The data is processed only under the law or consent given by the customer.
- The collection of personal data provided to the seller is reported to the General Inspector of Personal Data Protection.
- Personal data provided to the seller are given to him voluntarily however, failing data, specified in the regulations, in the process of registration makes creating Customer Account impossible. In this case placing an order without customer account registration is also not possible.
- Anyone who gives personal data to the seller, has the right of access and to correct them.
- The seller provides the ability to remove personal data from the base, especially in the case of the removal of the customer accounts. The seller may refuse to remove personal data if the customer fails to pay all amounts due to seller or violated the law, and keeping the personal data is necessary to explain the circumstances and determine the responsibility of the customer.
- The seller protects the personal data and makes every effort to protect them from unauthorized access or use.
- The seller forwards client’s personal data to the deliverer to the extent necessary for the delivery.
§ 15 Termination (not applicable to the contract of sale)
- Either the customer and the seller may terminate the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the agreement and the provisions below.
- The customer, who has registration, terminates the contract for electronic services by sending the seller an appropriate declaration of will, by any means of communication at a distance.
- The seller terminates the contract for electronic services by sending the appropriate declaration of will to the email address provided by the customer during registration.
§ 16 Final resolution
- The seller is responsible for failure to execute or improper realization of the contract, but in case of contracts with customers who are entrepreneurs, the seller is responsible only for an intentional causing harm and within the limits the losses actually incurred by the client, being entrepreneur.
- The contents of these regulations may be printed, copied or downloaded at any time from the Shop Website.
- In case of a dispute under concluded sales contracts, the parties will seek to resolve the matter amicably. The law applicable to any dispute arising under these regulations is the Polish law.
- Each customer can make use of non-judicial means of dealing with complaints and redress. In this case, it is possible to make use of mediation by the Client. The lists of mediators and existing mediation centers are shared by the Governing of appropriate District Courts.
- The seller reserves the right to change these regulations. All orders accepted by the seller before the date of the new regulations are based on the rules of procedure, which was in force at the date of the order sent by the customer. The change of the regulations enters into force within 7 days of the publication on the Website Store. The seller will notify the client 7 days before the entry of the new regulations into force by means of electronic message containing a link to the text of the changed regulations. In case the customer does not accept the new regulations, he/she is obliged to notify the seller of that fact with the result of termination of the contract in accordance with the provisions of §15.
- Regulations come into force on 25 December 2014.