TERMS AND CONDITIONS
The owner of an online store registered under the domain AmelieSophie.com is MYRE Sp. o.o. with registered office in (02-606) Warsaw, Odyńca 7/1, Poland, REGON: 146679518, VAT# PL5213649945, registered in the National Court Register, under KRS number 0000462277, e-mail info@AmelieSophie.com, hereinafter referred to as „Seller” .
Seller conducts commercial activity of selling clothes.
The terms used herein have the following meaning:
User - a person who has full legal capacity (a non-incapacitated adult), an individual who has limited legal capacity (a person who has completed 13 or more years or is partially incapacitated) acting with the prior consent of his legal representative (eg. parent), a legal person, an organizational unit other than a legal person that the law recognizes the legal capacity which respectively acquires or intends to acquire goods from a store or who uses or intends to use the service "My account" and the services provided by the Seller electronically.
Customer - an adult person with full legal capacity, legal person or organizational unit without legal personality and having legal capacity, making the purchase from the Seller directly related to its business or professional activity.
Consumer - a person making the legal action not directly related to his business or professional activity.
Buyer - both consumer and customer.
Electronic Service - a service provided electronically by the Seller to the User via the online store.
Code of Practice - a set of rules of conduct, in particular the ethical and professional standards, as referred to in Article 2 point 5 of the Act on combating unfair commercial practices of 23 August 2007, as amended.
Registration Form - a form available in the online shop for creating a User Account.
Order Form - e-service, interactive form available in the online store that allows to order, in particular by adding the products to the electronic cart and determine the terms and conditions of sale, including the delivery method and payments.
My Account / User Account - each individual’s panel launched on his behalf by the Seller after the User Registration, under which services are provided by the Store to the Buyers, in order to facilitate the conclusion of the contract of sale at a distance and to contact the Store, to settle the agreement, to enable planning by the user of their purchases and to track the selected goods.
Bag means an interactive form available on the website used to contact the Store and allow the submission of the Buyer’s offer to buy.
Regulations - these Regulations provide electronic services within the online store www.ameliesophie.com
Price is the total price of the Product gross price (ie. Containing the VAT due), given by the Seller.
Discount Code means a combination of numbers, letters or other characters, which filled in the designated place will provide the Buyer a discount;
Delivery - the type of transport service and the identity of the carrier and the cost of the delivery service
Working days - days from Monday to Friday, excluding public holidays falling on these days.
§2 General provisions
1. These Regulations define the rules for the use of the e-Store available at AmelieSophie.com and define the principles and conditions for the provision of free services provided electronically by the Seller.
2. All rights to the online shop, including copyrights, intellectual property rights to its name, Internet domain, Website, as well as patterns, forms, logos and images belong to the Seller, and their use can be carried out only in the way defined and in accordance with the Regulations.
3. The Regulations shall define in particular:
a. The rules for the registration and use of the account in the Shop;
b. the terms and conditions of the electronic Orders in the Shop;
c. rules for concluding agreements of sale of products using services in the Shop;
d. the technical requirements necessary to support the ICT system (PC, laptop, etc.), which is used by the Buyer,
e. complaints procedure.
4. Buyers can get access to these Rules at any time via a link found on the home page AmelieSophie.com Store, download it and print it.
5. Confirmation of the relevant provisions of the sales contract concluded between the Seller and the Buyer is followed by sending information by the Buyer via e-mail, as well as in the traditional form, by attaching a printout confirming agreement to the package containing the ordered goods, or any documentation that was issued on Buyer’s request.
6. The condition of using the services provided by the Store is a prior reading the Store’s service description, terms, price list, as well as all the provisions of these Regulations.
7. The offer presented on the e-store as well as descriptions of goods are only an invitation to tender, and not an offer within the meaning of the Civil Code. The contract is concluded only upon confirmation of the Order by the Seller.
§3 Technical requirements and Cookies
1. In order to use the Online Shop, the Buyer shall have access to a computer workstation or terminal device, which has:
a) access to the Internet;
b) any properly configured web browser;
c) active and properly configured e-mail account.
2. E-Shop allows custom services using widely available software
in the form of web browsers that accept cookie files, eg .: browser Firefox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Internet Explorer version 7 or later and Safari.
3. Shop with the prior consent of the Buyer, User, or their representative stores cookies on their computer that are necessary: to conclude the distance sales and its performance, to service "My account" and to facilitate the User and the Buyer the use of the Site by Shop maintaining session (by which it is unnecessary to re-type the password), and the creation of viewing statistics pages.
4. Files introduced by the store to the Buyer's or their representative’s computer does not collect their personal data, do not affect the configuration of the operating system or software and can be removed at any time.
5. The user may at any time remove placed cookies or block the placement of cookies by using the options available in the web browser.
§4 Registration in the e-Store and setting the User Account
1. Registration is not required to place an order in the Online Shop.
2. Creation of a User Account is free of charge for the Buyer.
3. In order to register Buyer must complete the registration form available in the "Sign up" section.
4. In order to register, the purchaser should complete the registration form made available by the Seller on the website Store and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form.
5. During the filling out of the registration form, the Buyer has the opportunity to familiarize himself with the Regulations, accepting their contents by marking the appropriate box on the form.
6. Registration in the online store, as well as the use of the functionality of the online store are free of charge.
7. By registering, an Account is created. All Buyer’s data and information is collected in this Account. Provision of services in the Account is of an unlimited duration.
8. After submitting a registration form the Buyer shall receive promptly electronically to the email address provided on the registration form Registration confirmation by the Seller. From this moment the contract is concluded for the provision of electronic services running of the User Account, and the buyer gets access to the user account and can make changes to his registration data, except for the Login.
9. The service "My account" is provided once the account is active.
10. Access to the User's account is password-protected. The user defines his own password.
11. The user may at any time terminate the agreement for the provision of the "My Account" service with an immediate effect without giving reasons by deleting the account. To delete your account just send an e-mail to the Seller requesting its removal.
12. The above does not apply to situations in which the Seller is carrying out an Order placed by the Buyer. In this case, the effect of terminating the contract will be at the moment of realisation of an Order.
13. The seller may terminate the contract for the provision of the "My account" service in case of a User’s breach of the provisions of these Regulations. Denunciation shall be effected by e-mail sent to the email address specified by the User in the account settings.
§5 Placing orders
1. Both buyers that are registered with an Account on site, as well as unregistered Buyers can make purchases through the online store.
2. Conclusion of the Sale Agreement between the Buyer and the Seller happens after prior Buyer’s submission of an order using the Order Form in the Online Shop.
3. Electronic order service is provided free of charge by the Seller and is terminated at the time of placing the Order or upon receipt of an early termination of the Order by the Buyer.
4. When ordering, the Buyer is obliged to provide valid contact and personal information.
5. Before placing an order the Buyer can check the availability of his chosen products. Information on availability is located at the description of each product.
6. Before choosing the product the Buyer has the opportunity to look at the photographs of the goods and to read the product’s description.
7. Sales promotion and sale is allocated to a limited number of products and the Order fulfillment is in the order in which it is received, upon availibility of products intended for this type of sale.
8. In order to submit an Order, the Buyer launches shopping bag by clicking the command "add to bag” next to the selected goods. Then in the Order panel the Buyer determines the quantity of goods he wishes to purchase.
9. The Buyer may return to the selection of all products to add more goods to the Bag, remove the selected products (the command "delete"), or open up the payment and delivery page (click "continue") where he defines the method of delivery and form of payment.
10. After clicking the "Next" buton, the Buyer is transferred to the panel where he can input the delivery address in the appropriate fields and write contact details to enable the conclusion of the agreement and its implementation.
11. Buyers should also get acquainted with these regulations and accept them by marking the appropriate box.
12. Until the Buyer receives an e-mail confirmation of sending the products by the Seller, he may make any changes in the Order on the type, size or quantity of the products ordered. For this purpose it is necessary to send an e-mail to email@example.com.
13. After making changes to the order the Buyer will receive e-mail confirmation about the changed Order details.
14. Before each shipment of the Order by the Seller, the Buyer is informed of the total price for the selected Goods and Delivery, as well as for all additional costs that are required to be paid according to the sales contract.
15. Placing an order by the Buyer means submitting an offer to the Seller to conclude a sales contract of goods ordered by the Buyer.
16. After placing the order an electronic confirmation of receipt will be sent by the Seller, to the provided Buyer’s email address, with an order summary.
17. Summary of the Order will include information:
a. Shop information including: address, e-mail address and phone number;
b. the unit and the total price of all products;
c. order price = total price of products + contract execution costs (including payment and delivery);
d. a form of delivery - including the time limit, which will be delivered and if there are any restrictions concerning delivery eg. weight, location;
e. the method of payment;
f. information on the right to withdraw from the contract without giving any reason within 14 days;
g. information about the warranty;
18. The Buyer may place orders in the Online Shop via the website Store, 7 days a week, 24 hours a day.
§ 6 Prices and payment methods
1. The prices given in the Online Shop are expressed in EUR, unless otherwise indicated, and include VAT. Buyers may see a conversion to their currency based on their location.
2. Product prices do not include delivery costs.
3. Information on the total contract value is always presented in the Bag after the Buyer chooses the form of delivery of the Order and method of payment.
4. In case the payment for the Order in the form of prepayment to the account will not affect the account of the store within 14 days from the date of confirmation of the order’s execution, the order will be canceled and Purchase Contract will be terminated.
5. The buyer has a choice of the following payment methods:
a. bank transfer to the Seller's bank account (in this case the performance of the contract will be initiated after sending the Buyer by the Seller to confirm the order and after receipt of funds in the Seller's bank account);
b. bank transfer via an external payment system: PayPal, by credit card.
§ 7 Execution of Orders and Deliveries
1. The seller is obliged to deliver the flawless Goods that are subject to Sales Contract.
2. Execution of orders takes place on working weekdays from Monday to Friday.
3. Orders placed on non-working days are treated as filed on the first working day following the day of the order.
4. Parcel with the ordered products is sent when all the selected items are available to be shipped.
5. In certain cases, the fee for delivery of ordered goods can be paid in whole or in part by the Seller.
6. Delivery of purchased products is done by sending the Goods via a carrier to the address specified by the Buyer in the Order Form. Delivery time depends on the client's address. Usually it takes from 1 to 5 days maximum.
7. It is possible to do a pick up of the Order personally in the opening hours of the Store.
8. The Seller is responsible for the risk of accidental loss or damage of the Goods
until the Buyer receives it.
9. In the case of unjustified refusal to accept the parcel by the Buyer, who is a Consumer, without the use of the opportunity to withdraw from the contract within 14 days from the date of refusal to receive the shipment, the Seller has the right to charge the Buyer the costs of shipping, return it to the sender and customs import duties tax if paid by the Seller. If the unjustified refusal to accept the parcel shall be an entity that is not a Consumer, the Seller may charge it postage fees at anytime.
§8 Complaints relating to the Orders
1. According to Art. 558§1 of the Civil Code, the Seller completely excludes liability to physical and legal defects (warranty) of the products.
2. As a result of washing the products, there is a possible shrinkage by no more than 4%. Such shrinkage of the product may not form the basis of a complaint.
3. In case of Product’s defect or non-compliance of the Good with the offer, the consumer is entitled to claim the complaint by notifying the Seller and writing a declaration of will in any form, in particular:
a. in writing to the following address: Amelie et Sophie, ul. Odyńca 7/1, 02-606, Warsaw, Poland
b. WhatsApp: +48 501 265 061
c. writing an e-mail: firstname.lastname@example.org
4. The requirements listed in the previous sentence have the form of recommendations only and do not affect the effectiveness of the complaint made without the recommended description of the complaint.
5. Notification of complaint should contain the following information:
a. the name and surname;
b. the mailing address, and e-mail address and telephone number;
c. the object of the complaint;
d. the cause of the complaint;
e. the request of the complaint;
f. signature (personal signature in the case of a complaint submitted by mail).
6. In case of a contract with a Consumer, if a physical defect has been detected within a year since the release of Goods, it is assumed that it existed at the time of the transfer to the Consumer.
7. If the item sold has a defect the Buyer may:
a. make a statement of demand of a price reduction;
b. make a statement of withdrawal from the Contract, unless the Seller immediately and without undue inconvenience to the Consumer, replaces the faulty item with a one that is free of defects or removes the defect.
8. Instead of the Seller’s proposal to remove the Product defects the Buyer may require an exchange of Goods free from defects or instead of exchanging Products require removal of defects, unless bringing the Good into compliance with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, whereby the evaluation of these costs take into account the value of the goods free of defects, the nature and the importance of the defect as well as the inconvenience to the Consumer of the other solution.
9. If the item sold has a defect, the Buyer can also:
a. require the exchange of Product for the Good which is free from defects;
b. to request the removal of defects.
10. A Consumer who performs the warranty actions, is obliged to deliver, at the Seller's expense, the defective Product to the given address.
11. The Buyer is obliged to share the Product at the place where the Good is situated. In the event of non-performance of duty by the Seller the Consumer is entitled to return the items at the expense and risk of the Seller.
12. If due to defects of the purchased Good the Consumer filed a statement of withdrawal from the Contract or price reduction, he may claim a compensation for the Contract, not knowing about the existence of defects, even if the damage was the result of circumstances for which the Seller shall not bear responsibility, in particular, he may request reimbursement according to the Contract, the cost of receiving, transport, storage and insurance of Goods, reimbursement of expenses to the extent in which they did not benefit from them, and did not receive their refund by a third party and did not get the reimbursement for the process. This is without prejudice to the provisions of the obligation to repair the damage on general principles.
13. The consumer also has the opportunity to benefit from non-judicial means of dealing with complaints such as mediation at the provincial inspectorates of the Trade Inspection, Permanent Amicable Consumer Courts, Consumer Rights Advocates, non-governmental organizations.
14. Detailed information on the possibility of the Buyer who is a consumer of non-judicial ways of recognizing complex complaints and redress and the rules for access to amicable dispute resolution procedures are available on the premises and on the websites of district (municipal) consumer advocates, social organizations whose tasks statut is to protect consumers, the Provincial Inspectorates of the Trade Inspection, as well as in the Office of Competition and consumer protection, based in Warsaw.
15. If the buyer is the Consumer, any disputes arising from the Rules of the Store or sales agreements can also be resolved by the online platform http://ec.europa.eu/consumers/odr/
§ 9 Warranty and the exchange of merchandise
1. Warranty claims are dealt with under the terms of the warranty, if one has been granted for the Product.
2. There is an opportunity to exchange an incorrectly chosen size of the Product to another.
3. If the Buyer desires to exchange the Good for a different size they have to send this information by email to the Seller’s email address email@example.com and return the product at their own expense.
4. The product in another size will be sent to the address indicated by the Buyer at the Seller's expense.
5. The Buyer is liable for any diminished value of the Product as a result of its use beyond what is necessary to establish the nature, characteristics and functioning of the Product.
§10 The right to withdraw from the Sales Agreement
1. The Consumer is not entitled to the right of withdrawal from a distance contract in case of the custom made Good, produced according to Consumer’s specifications or used to satisfy Consumer’s individual needs.
2. The Consumer has no right of withdrawal from a distance contract if the Seller made a full service with the expressed consent of the Consumer, who has been informed before the provision that the Consumer will lose the right to withdraw from the contract.
3. Subject to §10 p.1 to 2 hereof Buyer who is a Consumer, who signed a sale agreement at a distance, may withdraw from the contract within 21 days without giving any reason.
4. In the event of withdrawal from a distance contract, the contract is considered voided. All the Goods shall be returned unchanged, with all original tags still attached.
5. The deadline to withdraw from the Purchase Agreement will expire after 21 days from the date on which the Consumer came into possession of the Goods or the date the last part of the Goods in executed contract were received by the Consumer - if the order is executed in parts.
6. To meet the deadline the Buyer just needs to notify the Seller about the declaration of withdrawal before the time of its submitting deadline.
7. If the consumer chooses the option to notify the Seller of a withdrawal from the Sales Agreement via e-mail or other forms of electronic communication, the Seller will send the Buyer an acknowledgment of receipt of such a withdrawal on a durable medium (eg. by e-mail).
8. Not later than 21 days from the date of the declaration of withdrawal from the Contract, Consumer returns the unchanged Product to the address of the Store, unless a change was necessary in the ordinary management.
9. According to his right of withdrawal, the Consumer does not incur any costs beyond the direct cost of returning the Product back to the Store.
10. If the returned Goods are incomplete or bear traces of use, beyond the ordinary management of the Good, the Consumer is liable for any diminished value of the goods.
11. The Seller is obliged to refund the consumer the cost of the Good purchased within 14 days from the date of receipt by the Seller of the Consumer’s statement to withdraw from the contract. This does not include the cost of returning the goods back to the Store, which is borne by the Consumer.
12. The cost of import taxes and duties, if paid by the Seller, will be deducted from the refund amount.
§11 Free of charge services
1. The Seller provides to the Buyer, free electronic services such as: Form, Newsletter, User Account.
2. Services are provided seven days a week, 24 hours a day.
3. Newsletter service can be used by any buyer who will put their e-mail address, using the registration form provided by the Seller on the website Store. After a completed registration form, the Buyer shall promptly electronically receive, on his email address provided on the registration form, a confirmation by the Seller. From that moment the Contract is concluded for the provision of electronic service of receiving a free Newsletter.
4. Each Newsletter contains information about the possibility and procedures to resign from the service of free Newsletter.
5. The Buyer may at any time resign from receiving the Newsletter by unsubscribing via the link included in each e-mail sent as a Newsletter or through the activation of the corresponding field in the User Account.
1. The Administrator of the Buyers data, that they voluntarily submitted as part of registration, placing an order and providing electronic services by the Seller or in other circumstances specified in the Regulations, is the Seller.
2. The Seller processes the Buyer’s personal data to carry out orders, provide electronic services and other objectives set out in the Regulations. The data is processed exclusively according to the law or to the Buyer’s consent in accordance with applicable laws.
3. Seller protects entrusted personal information and makes every effort to protect them from unauthorized access or use.
4. The Seller transfers the personal data of the Buyer to the Delivery Provider to the extent necessary to carry out deliveries.
5. Anyone who provides the Seller with personal data, has the right of access to their content and to correct and change them.
6. The Buyer has the right to access his personal data, correct them, request to cease processing, object to their processing and their removal.
7. Consent to the processing of data can be revoked at any time by submitting an appropriate statement in a durable medium to the Seller. The declaration may be, for example, sent to the email address of the Seller.
8. To access or improve the processing of personal data one should send a notification to the Seller at the address: MYRE Sp. o.o. with its registered office in Warsaw at ul. Odyńca 7/1, 02-606, Warsaw, Poland as well as by e-mail: firstname.lastname@example.org
§13 The obligations of the Buyer and the protection of intellectual property
1. The Buyer is obliged in particular to:
a. use of e-Store without disturbing its functioning, in particular through the use of specific software or equipment;
b. refrain from activities such as sending or posting unsolicited commercials (spam) on the e-Store;
c. The use of e-Store without major inconvenience to other Buyers and the Seller;
d. The use of any content contained in the e-Shop only for personal use;
e. The use of e-Store in accordance with Polish law, the provisions of the Regulations and the general principles of using the Internet.
2. It is prohibited to use any material published on the Store website (including pictures and descriptions of Goods) without the prior written consent of the Seller.