Statute
STATUTE
The conclusion of a contract between the Buyer and the Seller may occur in two ways.
The Buyer has the right to negotiate any provisions of the contract with the Seller before placing an order, including those changing the provisions of the regulations below. These negotiations should be conducted in writing and sent to the Seller's address (PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ul. Ksawerów 21, 02-656 Warsaw, Poland NIP: 5214055745 REGON: 527609440).
If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and relevant legal provisions shall apply.
STATUTE
1. Definitions
1. Personal Data Administrator:
PMCORP LIMITED LIABILITY COMPANY
ul. Ksawerów 21 02-656 Warsaw, Poland
NIP: 5214055745
REGON: 527609440
2. Postal address:
PMCORP LIMITED LIABILITY COMPANY
ul. Ksawerów 21 02-656 Warsaw, Poland
3. Complaints and returns address:
Labran Logistics
Levelkowa Street 2A,
74-400, Debno,
Poland
4. Delivery price list – a list of available delivery types and their costs available at candelaclothes.pl/dostawa.
5. Contact details:
PMCORP LIMITED LIABILITY COMPANY
ul. Ksawerów 21 02-656 Warsaw, Poland
NIP: 5214055745
REGON: 527609440
e-mail: kontakt@candelaclothes.pl
1. Personal data - any information relating to an identified or identifiable natural person. Information is not considered to enable the identification of a person if it would require excessive costs, time or actions.
2. Sensitive data – personal data containing information on racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union affiliation, as well as data on health, genetic code, addictions, sexual life, convictions, penal decisions and fines, as well as other decisions issued in court or administrative proceedings.
3. Delivery – type of transport service along with the name of the carrier and cost listed in the delivery price list available at candelaclothes.pl/dostawa
4. Proof of purchase – invoice, bill or receipt issued in accordance with the Act on Tax on Goods and Services of 11 March 2004, as amended, and other applicable legal provisions.
5. Product card – a single store subpage 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 its business or professional activity.
7. Civil Code – the Civil Code Act of 23 April 1964, as amended.
8. Code of good practice – a set of rules of conduct, in particular ethical and professional standards referred to in Article 2, point 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
9. Consumer – an adult natural person with full legal capacity who makes a purchase from the Seller that is not directly related to his or her business or professional activity.
10. Basket – a list of products prepared 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 of the goods – postal address or collection point indicated in the order by the Buyer.
13. Moment of delivery of the item – the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
14. ODR online platform – an EU online service operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and available at
https://webgate.ec.europa.eu/odr
15. Payment - The entity providing online payment services is Autopay SA. 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 to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended.
2. Privacy Policy - the principles of processing the Buyers' personal data by the Personal Data Administrator, the Buyers' rights and the Data Administrator's obligations, which can be found at: candelaclothes.pl/regulamin
3. Consumer law – Act on Consumer Rights of 30 May 2014.
4. Product – the minimum and indivisible quantity of items that may be the subject of an order, and which is given in the Seller’s store as a unit of measurement when determining its price (price/unit).
5. Subject of the contract – products and delivery that are the subject of the contract.
6. Subject of the performance – the subject of the contract.
7. Pick-up point – the place of delivery of the item that is not a postal address, listed in the list provided by the Seller in the store.
8. UOKiK Register – the register of authorized entities maintained by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of 23 September 2016, with subsequent amendments, 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 27 April 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 item that may be or is the subject of a contract.
11. Shop – online service available at candelaclothes.pl, through which the Buyer can place an order.
12. Seller:
PMCORP LIMITED LIABILITY COMPANY
ul. Ksawerów 21
02-656 Warsaw, Poland
NIP: 5214055745
REGON: 527609440
registered and visible in the National Court Register under the number: 0001084563
13. System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using the end device appropriate for a given type of network, commonly referred to as the Internet.
14. Completion date – the number of hours or business days specified on the product card.
15. Payment cards - you can make a payment in the store using the following payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
16. Agreement – an agreement concluded outside the entrepreneur’s premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.
17. Defect – both a physical defect and a legal defect.
18. Physical defect – non-conformity of the sold item with the contract, in particular if the item:
19. it does not have the properties that a thing of this type should have having regard to the purpose specified in the contract or resulting from the circumstances or intended use;
20. does not have any properties of which the Seller assured the Consumer,
21. it is not suitable for the purpose of which the Consumer informed the Seller when concluding the contract, and the Seller did not raise any objection to such intended use;
22. was delivered to the Consumer in an incomplete state;
23. in the event of incorrect installation and start-up, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by a Consumer who followed the instructions received from the Seller;
24. it does not have the properties assured by the manufacturer or his representative or the person who introduces the item into circulation within the scope of his business activity and the person who, by placing his name, trademark or other distinguishing mark on the sold item, presents himself as the manufacturer, unless the Seller was not aware of these assurances or, judging reasonably, could not have been aware of them or they could not have influenced the Consumer's decision to conclude the contract, or when their content was corrected before the conclusion of the contract.
25. Legal defect – a situation when the sold item is the property of a third party or is encumbered with the rights 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 declaration of will of the Buyer submitted through the store, clearly specifying: the type and quantity of products; type of delivery; type of payment; place of delivery of the goods, Buyer's data and aiming directly at concluding a contract between the Buyer and the Seller.
2. General conditions
1. The Agreement is concluded in Polish, in accordance with Polish law and these regulations.
2. The place of delivery of the item must be located in the territory of the Republic of Poland.
3. The Seller is obligated and undertakes to provide services and deliver goods free from defects.
4. All prices provided by the Seller are expressed in Polish currency and are gross prices (include 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 expressed in days ends on the expiry of the last day, and if the beginning of a deadline expressed in days is a certain event, the day on which that event occurred is not taken into account when calculating the deadline.
6. Confirmation, disclosure, recording and securing of all essential provisions of the agreement in order to obtain access to this information in the future takes the form of:
7. confirmation of the order by sending to the specified e-mail address: order, pro forma invoice, information on the right to withdraw from the contract, these regulations in PDF format, a sample withdrawal form in PDF format, links to download the regulations and the sample withdrawal form;
8. attach the following printed items to the completed order, sent to the indicated place of issue: proof of purchase, information on the right to withdraw from the contract, these regulations, and a sample withdrawal form.
9. The Seller informs about any known guarantees provided by third parties for products available in the store.
10. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the agreement he has concluded with a third party providing him with a specific service enabling distance communication.
11. The Seller guarantees the Buyer using the system that the store will operate correctly in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution of over 1024 px. The use of third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the candelaclothes.pl store, all of them should be disabled.
12. The Buyer may use the option of saving their data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password, necessary to gain access to their account. The login and password are a series of characters set by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Buyer has the possibility to view, correct, update data and delete the account in the store at any time.
13. The Seller complies with the code of good practice.
14. The buyer is obliged to:
aa not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
to use the store in a way that does not disrupt its operation, in particular through the use of specific software or devices,
and refrain from taking actions such as: sending or placing unsolicited commercial information (spam) within the store,
to use the store in a way that is not burdensome for other Buyers and the Seller,
ae use of any content posted on the store only for your own personal use,
to use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as the general rules of netiquette.
3. Conclusion of the contract and its implementation
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 of the goods;
7. placing an order in the store by using the "Buy and pay" button.
8. The conclusion of the contract with the Consumer takes place at the moment of placing the order.
9. The fulfillment of the Consumer's order paid cash on delivery takes place immediately, and the order paid by bank transfer or via an electronic payment system after the Consumer's payment has been credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the service due to no fault of his own and informed the Seller about it.
10. The conclusion of the contract with the Customer takes place at the moment of acceptance of the order by the Seller, about which the Customer is informed within 48 hours of placing the order.
11. The Customer's order paid cash on delivery will be fulfilled immediately after the conclusion of the agreement, and the order paid by bank transfer or via an electronic payment system will be fulfilled after the conclusion of the agreement and the Customer's payment has been credited to the Seller's account.
12. Fulfillment of the Customer's order may be dependent on payment of all or part of the order value or obtaining a trade credit limit of at least the value of the order or the Seller's consent to send the order cash on delivery (payable on delivery).
13. The subject of the contract will be sent within the time specified on the product card, and for orders consisting of multiple products, within the longest time specified on the product cards. The time period begins upon completion of the order.
14. The purchased subject of the contract is sent, together with the sales document selected by the Buyer, by the type of delivery selected by the Buyer to the place of delivery of the item indicated by the Buyer in the order, together with the attached attachments referred to in §2 point 6b.
4. Right to withdraw from the contract
1. The consumer has the right to withdraw from a contract concluded at a distance, under Article 27 of the Consumer Law, without giving any reason and without incurring any costs, except for the costs specified in Article 33 and Article 34 of the Consumer Law.
2. The time limit for withdrawal from a contract concluded at a distance is 14 days from the date of delivery of the item, and to meet the time limit it is sufficient to send a declaration before its expiry.
3. The Consumer may submit a declaration of withdrawal from the contract on a form, the template of which constitutes Annex No. 2 to the Consumer Law, on a form available at candelaclothes.pl/formularz-zwrotu or in another form consistent with the Consumer Law.
4. The Seller shall immediately confirm to the Consumer by e-mail (provided when concluding the contract and another one if provided in the submitted declaration) receipt of the declaration of withdrawal from the contract.
5. In the event of withdrawal from the contract, the contract is deemed not to have been concluded.
6. The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline, it is sufficient to return the item before it expires.
7. The consumer returns the items that are the subject of the contract from which he or she withdrew at his or her own expense.
8. The consumer shall not bear the costs of providing digital content that is not recorded on a tangible medium if he or she has not consented to the provision of the service before the deadline for withdrawal from the contract expires or has not been informed of the loss of his or her right to withdraw from the contract at the time of granting such consent or the entrepreneur has not provided confirmation in accordance with Article 15 paragraph 1 and Article 21 paragraph 1 of the Consumer Law.
9. The consumer is liable for any reduction in the value of the item that is the subject of the contract resulting from using it in a way that goes beyond 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 date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods to the Consumer, and 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 additional costs in accordance with Article 33 of the Consumer Law.
11. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to another method of payment that does not involve any costs for him.
12. The Seller may withhold the refund of the payment received from the Consumer until the Seller receives the returned goods or until the Consumer provides proof of sending them back, depending on which event occurs first.
13. In accordance with Article 38 of the Consumer Law, the consumer has no right to withdraw from the contract:
14. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract expires;
15. where the subject of the provision is a non-prefabricated item, manufactured according to the consumer’s specifications or intended to meet his individual needs;
16. where the subject of the service is an item that spoils quickly or has a short shelf life;
17. where the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
18. where the subject of the performance are items which after delivery, due to their nature, are inseparably connected with other items;
19. where the subject of the provision are audio or visual recordings or computer programs supplied in a sealed package, if the package was opened after delivery;
20. for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the entrepreneur informed him of the loss of the right to withdraw from the contract;
21. for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements.
5. Warranty
1. Pursuant to Article 558§1 of the Civil Code, the Seller completely excludes liability towards Customers for physical and legal defects (warranty).
2. The Seller is liable to the Consumer under the terms specified in Article 556 of the Civil Code and subsequent articles for defects (warranty).
3. In the case of a contract with a Consumer, if a physical defect is discovered within one year from the date of delivery of the item, it is assumed that it existed at the time the risk was transferred 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 declaration 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 the Seller has not fulfilled the obligation to replace the item with a defect-free one or remove the defect, he is not entitled to replace the item or remove the defect.
1. Instead of the removal of the defect proposed by the Seller, the Consumer may request the replacement of the goods with defect-free goods or, instead of replacing the goods, request the removal of the defect, unless bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Seller, whereby the assessment of the excessive costs takes into account the value of the goods free from defects, the type and significance of the defect found, and also the inconvenience to which the Consumer would be exposed in another manner of satisfaction.
2. The consumer may not withdraw from the contract if the defect is insignificant.
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 that the defect be removed.
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 conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs in comparison with another possible manner of bringing the item into conformity with the contract.
8. In the event that the defective item has been installed, the Consumer may request that the Seller dismantle and reinstall it after replacing it with a defect-free item or removing the defect, but is obliged to bear part of the related costs exceeding the price of the sold item or may request that the Seller pay part of the costs of dismantling and reinstalling it, up to the price of the sold item. In the event of failure to fulfill the obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
9. A consumer who exercises warranty rights is obliged to deliver the defective item to the complaint address at the Seller's expense, and if, due to the type of item or the way it was installed, the 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 failure to fulfill the obligation by the Seller, the Consumer is entitled to return the item 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 defective goods from the Consumer in the event of exchanging the goods for defect-free ones or withdrawal from the contract.
12. The Seller shall respond within fourteen days to the following statements based on Article 5615 of the Civil Code: a statement requesting a price reduction, a request to replace the item with a defect-free item, a request to remove a defect. The Seller shall respond within thirty days (Article 7a of the Consumer Law) to any other statement of the Consumer that is not covered by the fourteen-day period specified in the Civil Code.
Otherwise, it is deemed that he has recognised the Consumer's statement or request as justified.
1. The Seller is liable under the warranty if the physical defect is discovered within two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, within one year from the date of delivery of the item to the Consumer.
2. The Consumer's claim for removal of the defect or replacement of the sold item with a defect-free item expires after one year from the date the defect was discovered, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of sale is a used item, within one year from the date of delivery of the item to the Consumer.
3. If the expiry date of the item specified by the Seller or manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of the item found before the expiry of that period.
4. Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or a reduction in price 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 removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or reduction in price begins upon the ineffective expiry of the time limit for replacement of the item or removal of the defect.
5. In the event of an investigation before a court or arbitration court of one of the warranty rights, the time limit for exercising other rights to which the Consumer is entitled under this title shall be suspended until the proceedings are legally concluded. The same shall apply to mediation proceedings, with the time limit for exercising other warranty rights to which the Consumer is entitled starting to run from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective conclusion of mediation. 20. §5 points 15-16 shall apply to the exercise of warranty rights for legal defects of the sold item, with the proviso that the time limit shall start to run from the date on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of a third party claim - from the date on which the ruling issued in the dispute with the third party became legally binding.
6. If, due to a defect in the goods, the Consumer has made a declaration of withdrawal from the contract or a reduction in price, he may demand compensation for the damage he suffered because he concluded 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, and in particular he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the goods, reimbursement of expenses made to the extent to which he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the proceedings. This does not prejudice the provisions on the obligation to compensate for damage on general principles.
7. The expiry of any time limit for identifying a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
8. If the Seller is obliged to provide a service or financial benefit to the Consumer, it will do so without undue delay, no later than the time limit provided for by law.
6. Final provisions
1. None of the provisions of these regulations are intended to violate the Buyer's rights. Nor can they be interpreted in this way, because in the event of any inconsistency of any part of the regulations with applicable law, the Seller declares unconditional submission to and application of this law in place of the disputed provision of the regulations.
2. Registered Buyers will be notified of changes to the regulations and their scope electronically (to the e-mail address provided during registration or order). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced in order to adapt the regulations to the applicable 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 the order and throughout the entire period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except for the situation when the Consumer considers it less favorable than the current one and informs the Seller of the selection of the current one as binding.
4. In matters not regulated by these regulations, the relevant 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 a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-trial or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those in the UOKiK register. The Seller declares its intention and consents to the out-of-court resolution of the consumer dispute.
Ultimately, the case is decided by a court with local and subject matter jurisdiction.