Terms of service
TERMS AND CONDITIONS
A contract between the Buyer and the Seller may be concluded in two ways.
Before placing an order, the Buyer has the right to negotiate all terms of the contract with the Seller, including terms that change the provisions of these Terms and Conditions. Such negotiations should be conducted in writing and sent to the Seller's address (PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ ul. Ksawerów 21, 02-656 Warszawa, Polska NIP: 5214055745 REGON: 527609440).
If the Buyer chooses not to conclude the contract through individual negotiations, these Terms and Conditions and the applicable laws apply.
TERMS AND CONDITIONS
1. Definitions
1. Personal Data Controller:
PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Ksawerów 21 02-656 Warszawa, Polska
NIP: 5214055745
REGON: 527609440
2. Postal address:
PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Ksawerów 21 02-656 Warszawa, Polska
3. Address for complaints and returns:
MERCHISMORE (ZWROT CANDELA)
ul. Ksawerów 21,
02-656 Warszawa,
Polska
4. Delivery price list - the list of available delivery methods and their costs, available at candelaclothes.pl/dostawa.
5. Contact details:
PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Ksawerów 21 02-656 Warszawa, Polska
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 make it possible to identify a person if this would require excessive cost, time or effort.
2. Sensitive data - personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade union membership, as well as data concerning health, genetic code, addictions, sex life, convictions, decisions on penalties and fines, and other decisions issued in court or administrative proceedings.
3. Delivery - a type of transport service, specifying the carrier and cost, listed in the delivery price list available at candelaclothes.pl/dostawa
4. Proof of purchase - an invoice, bill or receipt issued in accordance with the Polish Act on Goods and Services Tax of 11 March 2004, as amended, and other applicable laws.
5. Product page - a single subpage of the shop containing information about a single product.
6. Business Customer - an adult natural person with full legal capacity, a legal person or an organisational 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 Polish 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 Art. 2(5) of the Polish Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
9. Consumer - an adult natural person with full legal capacity, making a purchase from the Seller that is not directly related to their business or professional activity.
10. Cart - a list of products compiled from the products offered in the shop based on the Buyer's choices.
11. Buyer - both the Consumer and the Business Customer.
12. Place of delivery - the postal address or pickup point indicated by the Buyer in the order.
13. Moment of delivery - the moment when the Buyer or a third party designated by the Buyer to collect the item takes possession of the item.
14. ODR online platform - the EU website 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, available at
https://webgate.ec.europa.eu/odr
15. Payment - online payments are handled by Autopay S.A. The methods of paying for the subject of the contract and delivery are listed at
https://candelaclothes.pl/Platnosci and https://candelaclothes.pl/Dostawa
1. Authorised entity - an entity authorised to resolve consumer disputes out of court within the meaning of the Polish Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016, as amended.
2. Privacy policy - the rules for the processing of Buyers' personal data by the Personal Data Controller, the rights of Buyers and the obligations of the Data Controller, available at: candelaclothes.pl/regulamin
3. Consumer law - the Polish 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 that is given in the Seller's shop as the unit of measure for its price (price/unit).
5. Subject of the contract - the products and delivery that are the subject of the contract.
6. Subject of performance - the subject of the contract.
7. Pickup point - a place of delivery that is not a postal address, listed in the overview provided by the Seller in the shop.
8. UOKiK register - the register of authorised entities kept by the Polish Office of Competition and Consumer Protection under the Act on Out-of-Court Resolution of Consumer Disputes of 23 September 2016, as amended, 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 the contract.
11. Shop - the website available at candelaclothes.pl through which the Buyer can place an order.
12. Seller:
PMCORP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Ksawerów 21
02-656 Warszawa, Polska
NIP: 5214055745
REGON: 527609440
registered in the National Court Register (KRS) under number: 0001084563
13. System - a set of cooperating IT devices and software that processes and stores data, and sends and receives data over telecommunications networks using a terminal device appropriate for the given type of network, commonly referred to as the Internet.
14. Processing time - the number of hours or working days stated on the product page.
15. Payment cards - payments in the shop can be made with the following payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
16. Contract - an off-premises or distance contract within the meaning of the Polish Act on Consumer Rights of 30 May 2014 in the case of Consumers, and a sales contract within the meaning of Art. 535 of the Polish Civil Code 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 item sold with the contract, in particular if the item:
19. does not have the properties that an item of this kind should have due to the purpose specified in the contract or resulting from the circumstances or its intended use;
20. does not have the properties that the Seller assured the Consumer it has,
21. 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 use;
22. was delivered to the Consumer incomplete;
23. in the event of incorrect installation and commissioning, if these were carried out by the Seller or a third party for whom the Seller is responsible, or by the Consumer following instructions received from the Seller;
24. does not have a property assured by the manufacturer or its representative, or by a person who places the item on the market in the course of their business, or by a person who presents themselves as the manufacturer by placing their name, trademark or other distinguishing mark on the item sold, unless the Seller did not know of these assurances and, reasonably assessed, could not have known of them, or they could not have influenced the Consumer's decision to conclude the contract, or their content was corrected before the contract was concluded.
25. Legal defect - a situation where the item sold is the property of a third party or is encumbered with a third party's right, and also where a restriction on the use or disposal of the item results from a decision or ruling of a competent authority.
26. Order - the Buyer's declaration of intent submitted via the shop, clearly specifying: the type and quantity of products; the type of delivery; the type of payment; the place of delivery and the Buyer's details, aimed directly at concluding a contract between the Buyer and the Seller.
2. General conditions
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 in the territory of the Republic of Poland.
3. The Seller is obliged and undertakes to provide services and deliver items free from defects.
4. All prices given 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 time limits are calculated in accordance with Art. 111 of the Civil Code, i.e. a time limit specified in days ends at the end of the last day, and if the beginning of a time limit specified in days is a certain event, the day on which that event occurred is not taken into account when calculating the time limit.
6. Confirmation, provision, recording and securing of all material terms of the contract in order to access this information in the future takes the form of:
7. confirmation of the order by sending to the e-mail address provided: the order, a pro forma invoice, information on the right of withdrawal, these Terms and Conditions in pdf format, a model withdrawal form in pdf format, and links to download the Terms and Conditions and the model withdrawal form;
8. enclosing with the completed order, sent to the indicated place of delivery, printed: proof of purchase, information on the right of withdrawal, these Terms and Conditions, and a model withdrawal form.
9. The Seller informs about guarantees known to it that have been granted by third parties for products in the shop.
10. The Seller does not charge any fees for communication with it by means of distance communication, and the Buyer bears the costs thereof in the amount resulting from the contract concluded with a third party providing the Buyer with a specific service enabling distance communication.
11. The Seller ensures that the shop works correctly for Buyers using the system 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 above 1024 px. The use of third-party software affecting the operation and functionality of the browsers Internet Explorer, FireFox, Opera, Chrome and Safari may affect the correct display of the shop, so to obtain full functionality of the candelaclothes.pl shop, all of it should be disabled.
12. The Buyer may use the option of having the shop remember their details to make placing subsequent orders easier. To do so, the Buyer should provide a login and password needed to access their account. The login and password are character strings set by the Buyer, who is obliged to keep them secret and protect them against unauthorised access by third parties. The Buyer may view, correct and update their data and delete their account in the shop at any time.
13. The Seller complies with the code of good practice.
14. The Buyer is obliged to:
a.a. not provide or transmit content prohibited by law, e.g. content promoting violence, defamatory content or content infringing personal rights and other rights of third parties,
a.b. use the shop in a manner that does not disrupt its operation, in particular through the use of specific software or devices,
a.c. refrain from activities such as sending or posting unsolicited commercial information (spam) within the shop,
a.d. use the shop in a manner that is not burdensome for other Buyers and for the Seller,
a.e. use any content posted in the shop only for their own personal use,
a.f. use the shop in accordance with the laws in force in the territory of the Republic of Poland, the provisions of these Terms and Conditions and the general rules of netiquette.
15. Product photos presented in the shop are for illustrative purposes and are taken in studio conditions or during photo sessions. The actual shade of a product may differ slightly from the one shown in the photos, among other things due to the lighting during the session and the Buyer's screen settings.
3. Conclusion and performance of the contract
1. Orders can be placed 24 hours a day.
2. To place an order, the Buyer should perform at least the following steps, some of which may be repeated:
3. adding a product to the cart;
4. choosing the type of delivery;
5. choosing the type of payment;
6. choosing the place of delivery;
7. placing the order in the shop by using the "Buy and pay" button.
8. A contract with a Consumer is concluded when the order is placed.
9. An order by a Consumer paid cash on delivery is processed immediately, and an order paid by bank transfer or via an electronic payment system is processed 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 make the payment through no fault of their own and informed the Seller of this.
10. A contract with a Business Customer is concluded when the Seller accepts the order, of which it informs the Business Customer within 48 hours of the order being placed.
11. An order by a Business Customer paid cash on delivery is processed immediately after the contract is concluded, and an order paid by bank transfer or via an electronic payment system after the contract is concluded and the Business Customer's payment has been credited to the Seller's account.
12. Processing of a Business Customer's order may be conditional on payment of all or part of the order value, on obtaining a trade credit limit at least equal to the order value, or on the Seller's consent to sending the order cash on delivery.
13. The subject of the contract is dispatched within the time stated on the product page, and for orders consisting of several products within the longest of the times stated on the product pages. The time limit starts when the order is processed.
14. The purchased subject of the contract, together with the sales document chosen by the Buyer, is sent by the delivery method chosen by the Buyer to the place of delivery indicated by the Buyer in the order, together with the attachments referred to in §2 point 6b.
4. Right of withdrawal
1. Pursuant to Art. 27 of the Consumer law, the Consumer has the right to withdraw from a distance contract without giving any reason and without incurring any costs, except for the costs specified in Art. 33 and Art. 34 of the Consumer law.
2. The time limit for withdrawal from a distance contract is 14 days from the moment of delivery, and sending the statement before the deadline is sufficient to meet it.
3. The Consumer may submit a statement of withdrawal on the form set out in Annex 2 to the Consumer law, on the form available at candelaclothes.pl/formularz-zwrotu, or in any other form compliant with the Consumer law.
4. The Seller will immediately confirm to the Consumer by e-mail (the address given when concluding the contract, and another one if given in the statement) receipt of the statement of withdrawal.
5. In the event of withdrawal, 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 they withdrew from the contract. Sending the item back before this deadline is sufficient to meet it.
7. The Consumer returns the items covered by 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 performance before the end of the withdrawal period, or were not informed of the loss of their right of withdrawal when giving such consent, or the trader did not provide confirmation in accordance with Art. 15(1) and Art. 21(1) of the Consumer law.
9. The Consumer is liable for any diminished value of the item resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the item.
10. The Seller will, without delay and no later than 14 days from the day of receipt of the Consumer's statement of withdrawal, refund all payments made by the Consumer, including the costs of delivering the item to the Consumer; if the Consumer chose a delivery method other than the cheapest standard delivery offered by the Seller, the Seller will not refund the additional costs, in accordance with Art. 33 of the Consumer law.
11. The Seller makes the refund using the same means of payment as used by the Consumer, unless the Consumer has expressly agreed to another means of payment that does not involve any costs for them.
12. The Seller may withhold the refund until it has received the item back or until the Consumer has supplied proof of having sent it back, whichever is earlier.
13. In accordance with Art. 38 of the Consumer law, the Consumer does not have the right of withdrawal from a 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 end of the withdrawal period;
15. where the subject of performance is a non-prefabricated item, made to the consumer's specifications or clearly personalised;
16. where the subject of performance is an item that deteriorates rapidly or has a short shelf life;
17. where the subject of performance is an item supplied in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging was opened after delivery;
18. where the subject of performance consists of items which, after delivery, are by their nature inseparably mixed with other items;
19. where the subject of performance is sound or video recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
20. for the supply of digital content not stored on a tangible medium, if performance began with the Consumer's express consent before the end of the withdrawal period and after the trader informed them of the loss of the right of withdrawal;
21. for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
5. Warranty (statutory liability for defects)
1. Pursuant to Art. 558 §1 of the Civil Code, the Seller completely excludes its liability towards Business Customers for physical and legal defects (statutory warranty).
2. The Seller is liable to the Consumer for defects (statutory warranty) on the terms set out in Art. 556 et seq. of the Civil Code.
3. In the case of a contract with a Consumer, if a physical defect is found within one year of the moment of delivery, it is presumed to have existed at the time the risk passed to the Consumer.
4. If the item sold 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 undue inconvenience to the Consumer replaces the defective item with one free from defects or removes the defect. However, if the item has already been replaced or repaired by the Seller, or the Seller has not fulfilled its obligation to replace the item with one free from defects or to remove the defect, it does not have the right to replace the item or remove the defect.
1. Instead of the removal of the defect proposed by the Seller, the Consumer may demand replacement of the item with one free from defects, or instead of replacement demand removal of the defect, unless bringing the item into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared with the method proposed by the Seller; when assessing whether costs are excessive, the value of the item free from defects, the type and significance of the defect found and the inconvenience to which another method of satisfaction would expose the Consumer are taken into account.
2. The Consumer may not withdraw from the contract if the defect is insignificant.
3. If the item sold has a defect, the Consumer may also:
4. demand replacement of the item with one free from defects;
5. demand removal of the defect.
6. The Seller is obliged to replace the defective item with one free from defects or remove the defect within a reasonable time and without undue inconvenience to the Consumer.
7. The Seller may refuse to satisfy the Consumer's demand if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared with the other possible way of bringing it into conformity with the contract.
8. If the defective item has been installed, the Consumer may demand that the Seller dismantle and reinstall it after replacing it with one free from defects or removing the defect, but must bear part of the related costs exceeding the price of the item sold, or may demand that the Seller pay part of the costs of dismantling and reinstallation up to the price of the item sold. If the Seller fails to fulfil this obligation, the Consumer is entitled to carry out these actions at the Seller's cost and risk.
9. A Consumer exercising rights under the statutory warranty is obliged, at the Seller's expense, to deliver the defective item to the complaints address, and if, due to the type of item or the way it was installed, delivery by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where it is located. If the Seller fails to fulfil its obligation, the Consumer is entitled to send the item back at the Seller's cost and risk.
10. The costs of replacement or repair are borne by the Seller, except in the situation described in §5 point 10.
11. The Seller is obliged to accept the defective item from the Consumer in the event of replacement with an item free from defects or withdrawal from the contract.
12. Within fourteen days, the Seller will respond to the following, based on Art. 5615 of the Civil Code: a statement requesting a price reduction, a demand for replacement of the item with one free from defects, a demand for removal of the defect. Within thirty days (Art. 7a of the Consumer law), the Seller will respond to any other statement of the Consumer not covered by the fourteen-day time limit specified in the Civil Code.
Otherwise, the Consumer's statement or demand is deemed to have been accepted as justified.
1. The Seller is liable under the statutory warranty if a physical defect is found within two years of the moment the item was delivered to the Consumer, and if the item sold is used, within one year of the moment the item was delivered to the Consumer.
2. The Consumer's claim for removal of the defect or replacement of the item sold with one free from defects expires one year from the day the defect was found, but not earlier than two years from the moment the item was delivered to the Consumer, and if the item sold is used, not earlier than one year from the moment the item was delivered to the Consumer.
3. If the use-by date of the item specified by the Seller or the manufacturer ends after two years from the moment the item was delivered to the Consumer, the Seller is liable under the statutory warranty for physical defects of the item found before that date.
4. Within the time limits specified in §5 points 15-17, the Consumer may submit a statement of withdrawal from the contract or of price reduction due to a physical defect of the item sold, and if the Consumer demanded replacement of the item with one free from defects or removal of the defect, the time limit for submitting a statement of withdrawal or price reduction begins when the time limit for replacement of the item or removal of the defect expires without effect.
5. If one of the rights under the statutory warranty is pursued before a court or an arbitration court, the time limit for exercising the Consumer's other rights under this title is suspended until the proceedings are finally concluded. This also applies accordingly to mediation proceedings, whereby the time limit for exercising the Consumer's other rights under the statutory warranty begins to run from the day the court refuses to approve the settlement concluded before the mediator or the mediation ends without success. 20. §5 points 15-16 apply to the exercise of rights under the statutory warranty for legal defects of the item sold, except that the time limit begins on the day 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 an action brought by a third party - from the day on which the ruling issued in the dispute with the third party became final.
6. If, due to a defect of the item, the Consumer has submitted a statement of withdrawal from the contract or of price reduction, they may demand compensation for the damage they suffered by concluding the contract without knowing of the defect, even if the damage resulted from circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the item, reimbursement of expenditure to the extent that they have not benefited from it and have not been reimbursed by a third party, and reimbursement of the costs of the proceedings. This is without prejudice to the provisions on the obligation to compensate for damage on general terms.
7. The expiry of any time limit for finding a defect does not exclude the exercise of rights under the statutory warranty if the Seller fraudulently concealed the defect.
8. Where the Seller is obliged to provide a performance or a financial performance to the Consumer, it will do so without undue delay and no later than within the time limit provided by law.
6. Final provisions
1. None of the provisions of these Terms and Conditions is intended to infringe the Buyer's rights, nor may it be interpreted in this way, because in the event of any part of the Terms and Conditions being inconsistent with applicable law, the Seller declares unconditional compliance with and application of that law in place of the contested provision of the Terms and Conditions.
2. Registered Buyers will be notified electronically (to the e-mail address provided during registration or ordering) of changes to the Terms and Conditions and their scope. The notification will be sent at least 30 days before the new Terms and Conditions come into force. Changes will be introduced in order to adapt the Terms and Conditions to the applicable law.
3. The current version of the Terms and Conditions is always available to the Buyer in the Terms and Conditions tab (candelaclothes.pl/regulamin). During the processing of the order and throughout the period of after-sales care, the Buyer is bound by the Terms and Conditions accepted when placing the order, except where the Consumer considers them less favourable than the current ones and informs the Seller that they choose the current version as binding.
4. In matters not regulated by these Terms and Conditions, the relevant applicable laws apply. Disputes, if the Consumer so wishes, are resolved through mediation before the Provincial Inspectorates of the Trade Inspection or through proceedings before the arbitration court at the Provincial Inspectorate of the 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 choosing any authorised entity listed in the UOKiK register. The Seller declares its intention and agrees to the out-of-court resolution of consumer disputes.
As a last resort, the matter is resolved by the court with local and subject-matter jurisdiction.