TERMS AND CONDITIONS
TERMS AND CONDITIONS
A contract between the Buyer and the Seller may be concluded in two ways.
The Buyer has the right, before placing an order, to negotiate all terms of the contract with the Seller, including those that amend the provisions of the following terms and conditions. Such negotiations should be conducted in writing and addressed to the Seller (PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Ksawerów 21, 02-656 Warsaw, Poland, NIP: 5214055745, REGON: 527609440).
In the event that the Buyer waives the option of concluding a contract through individual negotiations, these terms and conditions and the relevant legal provisions shall apply.
TERMS AND CONDITIONS
1. Definitions
1. Personal Data Administrator:
PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Ksawerów 21, 02-656 Warsaw, Poland
NIP: 5214055745
REGON: 527609440
2. Postal address:
PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Ksawerów 21, 02-656 Warsaw, Poland
3. Complaints and returns address:
MERCHISMORE (CANDELA RETURN)
ul. Ksawerów 21
02-656 Warsaw
Poland
tel. 511001416
e-mail: kontakt@merchismore.pl
4. Delivery Price List – the list of available delivery methods and their costs, located at candelaclothes.pl/dostawa.
5. Contact details:
PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Ksawerów 21, 02-656 Warsaw, Poland
NIP: 5214055745
REGON: 527609440
e-mail: kontakt@merchismore.pl
1. Personal data – any information relating to an identified or identifiable natural person. Information shall not be considered to allow the identification of a person if it would require excessive costs, time, or action.
2. Sensitive data – personal data containing information about racial or ethnic origin, political opinions, religious or philosophical beliefs, affiliation with a denomination, party, or trade union, as well as data regarding health, genetic code, addictions, sexual life, convictions, rulings on punishment and criminal fines, as well as other rulings issued in judicial or administrative proceedings.
3. Delivery – a type of transport service, including the identification of the carrier and the cost, listed in the delivery price list found at candelaclothes.pl/dostawa.
4. Proof of purchase – an invoice, bill, or receipt issued in accordance with the Act on Tax on Goods and Services of March 11, 2004, as amended, and other relevant legal provisions.
5. Product card – a single sub-page of the store containing information about a single product.
6. Customer – an adult natural person with full legal capacity, a legal person, or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to their business or professional activity.
7. Civil Code – the Civil Code Act of April 23, 1964, as amended.
8. Code of Best Practice – a set of rules of conduct, in particular ethical and professional norms, referred to in Article 2(5) of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
9. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to their business or professional activity.
10. Cart – a list of products compiled from the products offered in the store based on the Buyer's choices.
11. Buyer – both the Consumer and the Customer.
12. Place of delivery – the postal address or collection point indicated in the order by the Buyer.
13. Moment of delivery – the moment at which the Buyer or a third party indicated by them for collection takes possession of the item.
14. ODR Internet Platform – an EU website operating based on Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC,
15. Payment – The entity providing online payment services is Autopay S.A. The method of payment for the subject of the contract and delivery is listed at
https://candelaclothes.pl/Platnosci and https://candelaclothes.pl/Dostawa
1. Authorized entity – an entity authorized for the out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, as amended.
2. Privacy Policy – the principles of processing personal data of Buyers by the Personal Data Administrator, the rights of Buyers, and the obligations of the Data Administrator, which is located at: candelaclothes.pl/regulamin
3. Consumer Law – the Consumer Rights Act of May 30, 2014.
4. Product – the minimum and indivisible quantity of items that can be the subject of an order, which is provided in the Seller's store as a unit of measure for determining its price (price/unit).
5. Subject of the contract – products and delivery that are the subject of the contract.
6. Subject of performance – the subject of the contract.
7. Collection point – a place for delivery of the item that is not a postal address, listed in the list made available by the Seller in the store.
8. UOKiK Register – the register of authorized entities maintained by the Office of Competition and Consumer Protection based on the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
9. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
10. Item – a movable object that can be or is the subject of the contract.
11. Store – the online service available at candelaclothes.pl, through which the Buyer can place an order.
12. Seller:
PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Ksawerów 21
02-656 Warsaw, Poland
NIP: 5214055745
REGON: 527609440
registered and visible in the National Court Register (KRS) under number: 0001084563
13. System – a set of cooperating IT devices and software, ensuring the processing and storage, as well as the sending and receiving of data via telecommunications networks using a terminal device appropriate for the given type of network, colloquially referred to as the Internet.
14. Execution time – the number of hours or working days indicated on the product card.
15. Payment cards – payments in the store can be made using payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
16. Contract – a contract concluded off-premises or remotely within the meaning of the Consumer Rights Act of May 30, 2014, in the case of Consumers, and a sales contract within the meaning of Article 535 of the Civil Code Act of April 23, 1964, in the case of other Buyers.
17. Defect – both a physical defect and a legal defect.
18. Physical defect – non-compliance of the sold item with the contract, in particular if the item:
19. does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or intended use;
20. does not have properties that the Seller has assured the Consumer exist;
21. is not suitable for the purpose of which the Consumer informed the Seller upon conclusion of the contract, and the Seller did not raise any objections to such use;
22. was delivered to the Consumer in an incomplete state;
23. in the event of incorrect installation and commissioning, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
24. does not have the properties that the manufacturer or its representative or the person who introduces the item to the market as part of their business activity assured, as well as a person who, by placing their name, trademark, or other distinguishing mark on the sold item, presents themselves as the manufacturer, unless the Seller was unaware of these assurances or, assessing reasonably, could not have known, or they could not have influenced the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
25. Legal defect – a situation where the sold item is the property of a third party or is encumbered by the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or ruling of a competent authority.
26. Order – a statement of intent by the Buyer submitted via the store, clearly specifying: type and quantity of products; type of delivery; type of payment; place of delivery; and Buyer's data, aiming directly at the conclusion of a contract between the Buyer and the Seller.
2. General terms
1. The contract is concluded in Polish, in accordance with Polish law and these terms and conditions.
2. The place of delivery must be located within the territory of the Republic of Poland.
3. The Seller is obligated and undertakes to provide services and deliver items free of defects.
4. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
5. All deadlines are calculated in accordance with Article 111 of the Civil Code, i.e., a deadline specified in days ends with the expiration of the last day, and if the beginning of a deadline specified in days is a certain event, the day on which this event occurred is not included in the calculation of the deadline.
6. Confirmation, making available, recording, and securing all essential provisions of the contract in order to gain access to this information in the future takes place in the form of:
7. order confirmation by sending the following to the indicated email address: the order, pro forma invoice, information about the right of withdrawal, these terms and conditions in PDF version, a sample withdrawal form in PDF version, and links for independent download of the terms and conditions and the withdrawal form;
8. enclosing printed copies of the following with the fulfilled order sent to the indicated place of delivery: proof of purchase, information about the right of withdrawal, these terms and conditions, and a sample withdrawal form.
9. The Seller informs about any guarantees known to them granted by third parties for products found in the store.
10. The Seller does not charge any fees for communicating with them using means of distance communication, and the Buyer shall bear the costs in the amount resulting from the agreement the Buyer has concluded with a third party providing a specific service enabling distance communication.
11. The Seller ensures that the Buyer using the system can operate the store correctly in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. The use of third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store; therefore, to obtain full functionality of the candelaclothes.pl store, all such software should be disabled.
12. The Buyer may use the option of having their data saved by the store to facilitate the process of placing subsequent orders. For this purpose, the Buyer should provide a login and password necessary to access their account. The login and password are a string of characters determined by the Buyer, who is obliged to keep them confidential and protect them from unauthorized access by third parties. The Buyer has the option to view, correct, update, and delete their account in the store at any time.
13. The Seller complies with the code of best practice.
14. The Buyer is obliged to:
a.a. not supply or transmit content prohibited by law, e.g., content promoting violence, defamatory, or infringing personal rights and other rights of third parties,
a.b. use the store in a way that does not disrupt its functioning, in particular through the use of specific software or devices,
a.c. not undertake actions such as: sending or posting unsolicited commercial information (spam) within the store,
a.d. use the store in a non-disruptive manner for other Buyers and the Seller,
a.e. use all content posted within the store only for personal use,
a.f. use the store in accordance with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the terms and conditions, as well as general netiquette rules.
3. Conclusion of contract and execution
1. Orders can be placed 24 hours a day.
2. In order to place an order, the Buyer should perform at least the following actions, some of which may be repeated multiple times:
3. adding a product to the cart;
4. selection of delivery type;
5. selection of payment type;
6. selection of the place of delivery;
7. placing an order in the store by using the "Buy and pay" button.
8. The contract with the Consumer is concluded upon placing the order.
9. Execution of a Consumer's order paid via cash-on-delivery follows immediately, and for an order paid via bank transfer or electronic payment system, it follows after the Consumer's payment is credited to the Seller's account, which should occur within 30 days of placing the order, unless the Consumer was unable to perform the obligation through no fault of their own and informed the Seller thereof.
10. The contract with the Customer is concluded upon acceptance of the order by the Seller, which the Seller informs the Customer about within 48 hours of placing the order.
11. The execution of a Customer's order paid for on delivery takes place immediately after the conclusion of the contract, and for orders paid for by bank transfer or via an electronic payment system, after the conclusion of the contract and the crediting of the Customer's payment to the Seller's account.
12. The execution of a Customer's order may be subject to payment of the whole or part of the order value, or to obtaining a trade credit limit of at least the order value, or the Seller's consent to ship the order on delivery (payable upon receipt).
13. The dispatch of the subject of the contract occurs within the time frame specified on the product card, and for orders consisting of multiple products, within the longest time frame specified on the product cards. The time period begins at the moment of order execution.
14. The purchased subject of the contract is sent along with the sales document chosen by the Buyer using the type of delivery selected by the Buyer to the place of delivery indicated by the Buyer in the order, together with the attached annexes referred to in §2 point 6b.
4. Right of withdrawal from the contract
1. Pursuant to Article 27 of the Consumer Rights Act, the Consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in Article 33 and Article 34 of the Consumer Rights Act.
2. The time limit for withdrawing from a distance contract is 14 days from the moment of the receipt of the goods, and sending a statement before its expiry is sufficient to meet the deadline.
3. The Consumer may submit a statement of withdrawal from the contract using the form, a template of which constitutes Annex No. 2 to the Consumer Rights Act, on the form available at candelaclothes.pl/formularz-zwrotu, or in another form compliant with the Consumer Rights Act.
4. The Seller shall immediately confirm to the Consumer via e-mail (provided upon concluding the contract, or another if provided in the submitted statement) the receipt of the statement of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is considered not concluded.
6. The Consumer is obliged to return the item to the Seller immediately, no later than 14 days from the day on which they withdrew from the contract. Sending the item back before the expiry of the deadline is sufficient to meet the deadline.
7. The Consumer sends back the items that are the subject of the contract from which they withdrew at their own expense.
8. The Consumer does not bear the costs of supplying digital content that is not stored on a tangible medium if they did not consent to the performance of the service before the expiry of the withdrawal period or were not informed about the loss of their right of withdrawal when giving such consent, or if the entrepreneur failed to provide confirmation in accordance with Art. 15 sec. 1 and Art. 21 sec. 1 of the Consumer Rights Act.
9. The Consumer is liable for the decrease in the value of the item resulting from using it in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the item.
10. The Seller shall immediately, no later than within 14 days from the day of receipt of the statement of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made, including the costs of delivering the item to the Consumer; however, if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller shall not reimburse the Consumer for the additional costs in accordance with Art. 33 of the Consumer Rights Act.
11. The Seller shall make the refund using the same payment method as the one used by the Consumer, unless the Consumer has explicitly agreed to a different payment method which does not involve any costs for them.
12. The Seller may withhold the refund of the payment received from the Consumer until receipt of the item back or until the Consumer provides proof of sending it back, whichever occurs earlier.
13. In accordance with Article 38 of the Consumer Rights Act, the Consumer does not have the right to withdraw from the contract:
14. where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period;
15. where the subject of the performance is a non-prefabricated item manufactured according to the consumer's specifications or intended to satisfy their individualized needs;
16. where the subject of the performance is an item that deteriorates rapidly or has a short shelf life;
17. where the subject of the performance is an item delivered in a sealed package which cannot be returned after opening due to health or hygiene reasons, if the package was opened after delivery;
18. where the subject of the performance are items that, after delivery, due to their nature, become inseparably combined with other items;
19. where the subject of the performance are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
20. for the supply of digital content that is not stored on a tangible medium, if the performance has begun with the Consumer's express consent before the expiry of the withdrawal period and after being informed by the entrepreneur about the loss of the right of withdrawal;
21. for the supply of newspapers, periodicals, or magazines, except for subscription contracts.
5. Warranty
1. Based on Article 558 § 1 of the Civil Code, the Seller completely excludes liability towards Customers for physical and legal defects (warranty).
2. The Seller bears liability towards the Consumer on the principles specified in Article 556 of the Civil Code and following for defects (warranty).
3. In the case of a contract with a Consumer, if a physical defect is detected before the expiry of one year from the moment of the item's delivery, it is assumed that it existed at the time the risk passed to the Consumer.
4. If the sold item has a defect, the Consumer may:
5. submit a statement requesting a price reduction;
6. submit a statement of withdrawal from the contract;
unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller, or if the Seller has not fulfilled the obligation to replace the item with a defect-free one or to remove the defect, they are not entitled to the right to replace the item or remove the defect.
1. Instead of the defect removal proposed by the Seller, the Consumer may demand the replacement of the item with a defect-free one, or instead of replacing the item, demand the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller; in assessing the excess of costs, the value of the defect-free item, the nature and significance of the defect found are taken into account, and the inconveniences to which the Consumer would be exposed by another method of satisfaction are also considered.
2. The Consumer may not withdraw from the contract if the defect is immaterial.
3. If the sold item has a defect, the Consumer may also:
4. demand the replacement of the item with a defect-free one;
5. demand the removal of the defect.
6. The Seller is obliged to replace the defective item with a defect-free one or remove the defect within a reasonable time without excessive inconvenience to the Consumer.
7. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into compliance with the contract in the manner chosen by the buyer is impossible or, compared to the other possible method of bringing it into compliance with the contract, would require excessive costs.
8. In the event that the defective item has been installed, the Consumer may demand that the Seller dismantle and re-install it after the replacement with a defect-free one or after the defect is removed; however, they are obliged to bear part of the associated costs exceeding the price of the sold item, or may demand from the Seller payment of part of the costs of dismantling and re-installation, up to the amount of the price of the sold item. In the event of the Seller's failure to perform the obligation, the Consumer is authorized to perform these activities at the Seller's expense and risk.
9. A Consumer exercising rights under the warranty is obliged to deliver the defective item at the Seller's expense to the complaint address, and if, due to the nature of the item or the way it is installed, delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of the Seller's failure to perform the obligation, the Consumer is authorized to send the item back at the Seller's expense and risk.
10. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
11. The Seller is obliged to accept the defective item from the Consumer in the event of replacing the item with a defect-free one or withdrawing from the contract.
12. The Seller shall respond within fourteen days to the following based on Article 561[5] of the Civil Code: a statement requesting a price reduction, a request to replace the item with a defect-free one, a request to remove the defect. The Seller shall respond within thirty days (Art. 7a of the Consumer Rights Act) to any other statement of the Consumer not covered by the fourteen-day period specified in the Civil Code.
Otherwise, it is considered that they have recognized the Consumer's statement or request as justified.
1. The Seller is liable under the warranty if a physical defect is detected before the expiry of two years from the moment the item was delivered to the Consumer, and if the subject of the sale is a used item, before the expiry of one year from the moment the item was delivered to the Consumer.
2. The Consumer's claim for removal of the defect or replacement of the sold item with a defect-free one becomes statute-barred after one year, counting from the day the defect was detected, but no earlier than after the expiry of two years from the moment the item was delivered to the Consumer, and if the subject of the sale is a used item, before the expiry of one year from the moment the item was delivered to the Consumer.
3. In the event that the shelf life of the item specified by the Seller or the manufacturer expires after two years from the moment the item was delivered to the Consumer, the Seller is liable under the warranty for physical defects of the item detected before the expiry of this period.
4. Within the time limits specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or a price reduction due to a physical defect of the sold item, and if the Consumer requested the replacement of the item with a defect-free one or the removal of the defect, the time limit for submitting the statement of withdrawal from the contract or price reduction begins at the moment of the ineffective expiry of the time limit for replacing the item or removing the defect.
5. In the event of pursuing one of the rights under the warranty before a court or arbitration court, the time limit for exercising other rights to which the Consumer is entitled under this title is suspended until the final conclusion of the proceedings. This also applies accordingly to mediation proceedings, with the time limit for exercising other rights under the warranty to which the Consumer is entitled beginning to run from the day the court refuses to approve a settlement reached before a mediator or from the ineffective conclusion of mediation. 20. For exercising rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, with the proviso that the time limit begins from the day the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of a third party's lawsuit – from the day the ruling issued in the dispute with the third party became final.
6. If, due to a defect in the item, the Consumer has submitted a statement of withdrawal from the contract or a price reduction, they may demand compensation for damage incurred by concluding the contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller is not responsible; in particular, they may demand reimbursement of the costs of concluding the contract, costs of collection, transport, storage, and insurance of the item, reimbursement of expenditures made to the extent they did not benefit from them and did not receive a refund from a third party, and reimbursement of court costs. This does not prejudice the provisions on the obligation to repair damage on general principles.
7. The expiry of any time limit for detecting a defect does not exclude the exercise of rights under the warranty if the Seller has fraudulently concealed the defect.
8. The Seller, provided they are obligated to provide a performance or financial benefit to the Consumer, shall perform it without undue delay, no later than within the period provided for by law.
6. Final provisions
1. None of the provisions of these Regulations is intended to infringe upon the rights of the Buyer. Nor can it be interpreted in such a way, as in the event of the non-compliance of any part of the Regulations with applicable law, the Seller declares absolute subordination to and application of such law in place of the challenged provision of the Regulations.
2. Registered Buyers will be notified electronically (at the e-mail address indicated during registration or order) of any changes to the Regulations and their scope. The notification will be sent at least 30 days before the new Regulations enter into force. Changes will be introduced to adapt the Regulations to the current legal status.
3. The current version of the Regulations is always available to the Buyer in the Regulations tab (candelaclothes.pl/regulamin). During the execution of an order and throughout the entire post-sales service period, the Buyer is bound by the Regulations accepted by them when placing the order. Except in situations where the Consumer considers it less favorable than the current one and informs the Seller of their choice to have the current version apply.
4. In matters not regulated by these Regulations, appropriate applicable legal provisions shall apply. Disputes, if the Consumer expresses such a will, shall be resolved through mediation proceedings before the Provincial Inspectorates of Trade Inspection or in proceedings before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g., via the EU ODR online platform, or by selecting any entitled entity from those found in the UOKiK registry. The Seller declares their intention and consent to out-of-court consumer dispute resolution.
Ultimately, the case shall be settled by a court with local and subject-matter jurisdiction.