Terms and Conditions

TERMS & CONDITIONS
OF USING E-SHOP AT WWW.ALDONABARCACCI.COM

This page contains the terms & conditions. Please read these terms & conditions carefully before ordering any products from us. You should understand that by ordering any of our products, you agree to be bound by these terms & conditions.
By placing an order at www.aldonabarcacci.com, you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at www.aldonabarcacci.com for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing by us.

The present Terms and Conditions provide rules of online shopping at www.aldonabarcacci.com whose owner is Aldona Kwapisz, conducting business activity under the name “„ALDONA KWAPISZ BARCACCI DESIGN” at ul. Jeziorowa 49 W, zip code 03-994 Warsaw, REGON 141662140, NIP 1230941770.
Contact details of the owner:
e-mail: contact@aldonabarcacci.com,
corespondency address:
Aldona Barcacci (AEK B Futur)
268, Avenue de la Californie
BP 3196
06204 Nice, France
Mobile: 0033 670 970 379

§ 1 Definitions :
Terms and Conditions – means this document. When referring to rendering electronic services this terms and conditions shall mean terms and general conditions referred to in Article 8 of the Act on Rendering Electronic Services (Official Journal 2002 No. 144, 1204).
Seller – ALDONA KWAPISZ BARCACCI DESIGN”, NIP 1230941770, REGON 141662140.
Buyer – natural person who finished at least 13 years old, providing that a person under 18 years old has parents’ (or legal representative’s) permission to buy at www.aldonabarcacci.com (the “Consumer”).
Subject of transaction – Products presented in the Online Shop which Buyer intends to purchase. Seller shall update the information about offered Products with due diligence. If some of Ordered Products are despite the Seller due diligence unavailable, Seller is obliged to promptly inform Buyer about this situation via telephone or e-mail.
Privacy Policy – rules on personal data protection binding in the Online Shop and described in paragraph 9 of this Terms and Conditions.
Products – items (clothing and accessories) offered in the Online Shop.
Sale Agreement – sale agreement between Seller and Buyer concerning Products and concluded by electronic services.
Online Shop – online shop at www.aldonabarcacci.com.
Website(s) of the shop – a page or subpage www at www.aldonabarcacci.com
Order – Customer’s statement of will to enter into Sale Agreement and determining Products as Subject of transaction.

§ 2 General Terms
1. By placing an Order the Buyer confirms that the content of the Terms and Conditions is known to him/her and agrees to be bound by these Terms and Conditions.
2. Online Shop conducts retail sale.
3. All Products offered in Online Shop are new products.

§ 3 Placing an order
1. All prices presented on the Websites of the Shop are gross prices (tax added) and they don’t include delivery costs.
2. Orders can be place via Websites of the shop, by telephone or e-mail indicated on the Websites of the shop.
3. Orders placed via Websites of the shop can be placed 24 hours per day, 7 days a week.
4. Orders can be placed after filling in the order form and providing correct and obligatory contact details, including exact delivery address and correct e-mail address.
5. In case the provided data are not complete or correct, Seller shall contact with Buyer. If contacting Buyer is not possible, Seller has the right to cancel the Order and refund the funds on via PayPal to the account linked with Buyer’s e-mail address.
6. A condition to start placing an Order is a registration in the Online Shop. Registration is understood as filling in and accepting the registration form which is available on one of the Websites of the shop. A condition to register is to provide personal date marked as compulsory.
7. By placing an Order in the Online Shop Customer confirms that the content of these Terms and Conditions is known to him/her and that he/she fully accepts them.
8. Customer may register in the Online Shop as a returning customer by setting up on the Website of the shop a username and password (password is confidential) which can be used for future shopping in the Online Shop. Seller is not responsible for damages caused by Customer’s revealing his/her login or password to third parties or by not updating his/her personal data.
9. Buyer agrees for issuing and sending electronic documents containing his/her Order’s details via electronic mail to indicated by him/her during registration process e-mail address. This consent covers also sending electronic VAT invoices.
10. Buyer can use an option to remember his/her personal data by the system in order to facilitate placing future Orders. For this reason Buyer shall provide a username (login) and password required to have an account access. Buyer’s password is confidential (Seller has no access to this information). 12. Buyer is obliged to keep his/her password secret and protect access to it from unauthorized third persons.
11.After placing an Order, Buyer shall receive an automated reply from the Online Shop confirming that the Order was accepted.
12. Order’s processing starts after the funds for the ordered Products are credited on Seller’s PayPal account.

§ 4 Delivery
1. Ordered Products are sent to the address indicated in the registration form or provided to Seller by Buyer via e-mail indicated on the Contact page of the Online Shop. Online Shop shall notify Buyer immediately about incorrect data provided in the registration form or in the e-mail which makes a delivery impossible or may cause delay.
2. Ordered Products are delivered via professional delivery companies or via Polish post office. Under separate agreement (concluded via electronic mail) Buyer and Seller may agree that Buyer shall pick up ordered Products at the registered seat of Seller or other place agreed between Seller and Buyer.
3. Ordered Products are delivered within deadlines indicated separately in description of each Product on the Websites of the shop calculated from the moment when price for the Products is duly noted on Seller’s PayPal account.
4. Buyer shall cover delivery costs. Delivery costs depend on the delivery system chosen by Buyer and on the country of destination. Buyer may check delivery costs at the phase of verifying a shopping cart by choosing option “Calculate Shipping” (before proceeding to checkout and placing the Order).

§ 5 Methods of payments
Payments for ordered Products shall be made via PayPal. PayPal protects your financial information with industry-leading security and fraud prevention systems. When you use PayPal, your financial information is not shared with the Seller. Once your payment is complete, PayPal system shall email a receipt for the transaction.

§ 6 Receiving delivery
When receiving a delivered Order from post or delivery company Buyer should verify if the packaging was not damaged during transportation. In particular any signs showing the the packaged was open should be noted. In case of noticing that the package was damaged or open Buyer should refuse to accept the package, write a relevant statement in the presence of delivery person and immediately notify the Seller about this situation.

§ 7 Right to withdraw from a purchase / Exchanges and returns
1. Customer is entitled to withdraw from Sale Agreement without any justification by filing a relevant written notice. This right is limited in time and can be filed only within 10 days following the day of receiving ordered Products.
2. Customer is not entitled to withdrawal right referred to in point 1 above in case of ordering Product with characteristics determined by Customer in his Order or directly linked with the Customer (custom orders understood as designs of Products modified according to Customer’s request or made to custom measurements).
3. Right to withdraw from Sale Agreement concerns exclusively purchase made by natural persons and not related with business or professional activity.
4. Return of Product under procedure referred to in point 1 of this paragraph shall be accepted only when the Product is returned with all elements, not damaged and without visible signs of usage.
5. Customer shall cover delivery costs when returning Product under right referred to in point 1 above.
6. Returned Products must be accompanied with written statement about will to withdraw from the Sale Agreement and with the information on bank account number to which money for Products should be refunded.
7. Within two working days from receiving returned Products Online Shop shall verify if the Product was returned in accordance with requirements described in point 4 above. If Product was returned properly and the right to withdraw from the Sale Agreement is not excluded under rules of point 3 above, Online Shop shall refund the Buyer within 7 working days following the data of receiving returned Product.

§ 8 Returns
1. When Product is subject to complain it can be return on cost of the Seller at the address indicated in these Terms and Conditions.
2. Repaired product is resend to the Buyer on the Seller’s cost.
3. When Product is not adequate to what was ordered, Buyer is entitled to send it back, on the cost of the Seller, together with a description of inconsistencies and expectations on how the case should be solved.
4. The Customer’s right described in this paragraph expires if the Customer doesn’t notify the Online Shop about Product’s inconsistencies before two months from noticing it.

§ 9 Privacy and personal data protection
1. Every time when Client use the Online Shop he/she shall be bound by the Privacy Policy. Client before commencing using the Online Shop must review this Privacy Policy to be sure that he/she agrees with it. Acceptance of this Privacy Policy is condition to use the Online shop.
2. Personal data provided by the Client will be processed and stored by the Seller for the following purposes:
– the performance of the Sale Agreement concerning Products purchased by the Client or performance of any other agreement concluded between the Seller and the Client,
– responding to Client’s requests and questions,
– providing Client’s with the information on Products,
3. If the Client provide the Seller with personal data of a third party, Client is obliged to inform this third person about the use of such data and obtaining the relevant express consent for processing this data by the Seller.
4. Seller being data controller undertakes to keep the Client’s personal data confidential and to ensure the exercise of the Client’s access, rectification, erasure and objection rights by sending a letter to the Seller’s address provided on the Websites of the shop or by e-mail to contact@aldonabarcacci.com.
5. Personal data are used to perform the Sale Agreements, therefore it might be handed to entities responsible for delivery of Products to the Client.
6. Client by placing an Order confirms that the personal data provided is true and accurate and undertakes to notify any change or alteration of the same. Any loss or damage caused to the Online Shop by providing erroneous, inexact or incomplete information on the registration forms will be the exclusive responsibility of the Client.
7. Cookies: the Online Shop uses cookies which are small text files stored on your computer that contains information on navigation in the Websites of the shop whose objective is to improve the use of the Online Shop and which do no harm to your computer. The Websites of the shop use cookies for storing session information (so called “session cookies” which used only during the time use visit the Website, they are never permanently stored on your computer and disappears when you close your browser). These cookies are required for the Websites of the Shop to function. The Online Shop cannot operate without these cookies. Used cookies help us for example to manage the shopping cart and carry out on-line purchase. We do not store sensitive information as password or credit card data. We also don’t use cookies to generate advertising addressed to the Client. Cookies can be deactivated, however, if you select this configuration you might not be able to use all functions of the Online Shop which means that you will not be able to place an Order. If the Client prefers to restrict, block or erase the cookies from the Website of the shop, he/she can do so by modifying browser’s configuration.

§ 9 Miscellaneous
1. Issues not regulated under the Terms and Conditions shall be subject of relevant legislation, in particular the Act on Rendering Electronic Services (Official Journal 2002 No. 144, 1204).
2. The Sale Agreements shall be governed by Polish law.
3. Any dispute arising from, or related to using the Terms and Conditions and performing Sale Agreement concluded between Seller and Client, shall be subject to the jurisdiction of courts relevant according to Polish Code on Civil Procedure (Official Journal No. 43 sec. 296).
4. The Seller reserve right to change these Terms and Conditions, provided that in relation to the Sale Agreements concluded before such a change shall be applied the version of Terms and Conditions binding at the moment of placing the Order by Client.
5. Date of publication of the Terms and Conditions: 1 December 2013.

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