These Regulations set out the terms and conditions for the provision of services by the Service Provider using the website https://grubaniciaszyte.pl/.
§ 1.
Definitions
Whenever the Regulations refer to:
Service Provider - it should be understood as Karol Pajak conducting business activity under the firm G.N.S. KAROL PAJĄK, ul. Ogrodowa 7, 32-087 Bibice, NIP: 9371101958, REGON: 070878308
Service - means a lingerie or tailoring service performed on the Client's individual order from the Service Provider's own materials, consisting in the manufacture (sewing) for the Client of underwear (bra, panties, swimsuit, bathrobe, etc.) or other garments according to the dimensions (standard or individual) specified by the Client and based on the model selected by the Client and presented on the website https://grubaniciaszyte.pl/.
Service provided electronically - it should be understood as a free service, available at https://grubaniciaszyte.pl/, provided electronically by the Service Provider to the Customer under the terms of the Regulations,
i.e. Order form service, which allows the conclusion of a contract between the Customer
and the Service Provider electronically (sending and receiving data is done by means of data communications systems, at the individual request of the Service Recipient, without the simultaneous presence of the parties);
Customer - shall mean an individual, legal entity or organizational unit with legal capacity, making or intending to make an Order for Services with the Service Provider using the order form available on the website https://grubaniciaszyte.pl/;
Consumer - should be understood as a Customer who is a natural person making or intending to make an Order for Services from the Service Provider not directly related to his/her business or professional activity or not having a professional character for that person, arising in particular from the subject of his/her business activity;
Order - shall mean an order placed using the order form available on the website https://grubaniciaszyte.pl/ a statement of intent by the Customer specifying the Service ordered by indicating: the selected model of underwear (other garment) to be made (sewn), the necessary dimensions of the underwear (other garment) and the quantity of underwear (other garment) ordered; the selected method of payment and delivery of the sewn underwear (other garment), as well as the Customer's personal information (name, address of residence, shipping address, telephone, e-mail address, optional company name and Tax Identification Number);
Privacy Policy - means the Privacy Policy available at https://grubaniciaszyte.pl/.
§ 2.
General provisions
As a prerequisite for the Customer to order the Service through the website https://grubaniciaszyte.pl/, the Customer must read the Terms of Service and Privacy Policy.
and compliance with their provisions .
The content of the Terms and Conditions and Privacy Policy is made available to the Customer free of charge before the Order is placed, and may be obtained, reproduced free of charge
and recorded by the Service Recipient at any time through the website https://grubaniciaszyte.pl/.
Before placing an Order, the Customer confirms that he/she has read and accepts all provisions of the Terms and Conditions and Privacy Policy.
The information on the website https://grubaniciaszyte.pl/ regarding the Service offered by the Service Provider, in particular the descriptions and prices posted on the website, does not constitute an offer, but an invitation to conclude a contract
within the meaning of Art. 71 of the Law of April 23, 1964. Civil Code (i.e., Journal of Laws of 2020, item 1740).
The use of the website https://grubaniciaszyte.pl/ is possible provided that the Service Recipient provides at his own expense:
computer hardware with an operating system that allows the use of
From the resources of the Internet,
Internet connection,
access to an individual electronic mail (e-mail) account,
a properly configured web browser in the latest official version
With cookies enabled (e.g. Mozilla Firefox, Google Chrome, Safari, Opera).
The use of services provided electronically may involve risks on the part of any user of the Internet, consisting in the possibility of introducing harmful software into the recipient's data communications system and acquiring
and modification of his data by unauthorized persons. To avoid the risk of such threats, the Service Recipient should use appropriate technical measures to minimize their occurrence, in particular, anti-virus and firewall programs.
In particular, the Service Recipient shall:
not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,
use of the https://grubaniciaszyte.pl/ website in a manner that does not interfere with its operation, in particular by using certain software or devices,
not to take actions such as: sending or posting unsolicited commercial information (spam) within the https://grubaniciaszyte.pl/ website,
use of the website https://grubaniciaszyte.pl/ in a manner that is not burdensome to other Service Recipients and to the Service Provider,
use of any content posted within the https://grubaniciaszyte.pl/ website only for your own personal use,
use of the https://grubaniciaszyte.pl/ website in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.
§ 3.
Placing an Order and Performing the Service
The Service Provider provides Services exclusively in the territory of Poland.
The performance of the Service is carried out at the individual request of the Service Recipient.
Ordering of the Service by the Customer requires:
placing an Order by filling in the order form available on the website https://grubaniciaszyte.pl/ and
making payment of the price for the Service.
The contract for the electronic provision of the order form service comes into effect when it is made available for the purpose of placing an Order. The order form service is a one-time service and is terminated when the Order is placed by the Customer or when the Order form is discontinued before the Order is placed.
In the order form, the Service Recipient indicates: the selected model of underwear (other garment), the necessary dimensions of underwear (other garment), the quantity of underwear (other garment) ordered; the selected methods of payment and delivery of the sewn underwear (other garment), as well as personal data (name and surname, address of residence, shipping address, telephone, e-mail address, optionally company name and Tax Identification Number). The Customer confirms the placement of the Order by selecting the "Order and pay" option (or any other option confirming the order with the obligation to pay).
Submission of the Order by the Client constitutes an offer to the Service Provider to conclude a contract, the subject of which is the performance of Services for the benefit of the Client.
After placing an Order, the Customer receives a confirmation of acceptance of his offer by the Service Provider by e-mail, to the e-mail address indicated by the Customer.
The service is provided by the Service Provider based on the details of the selected model and the indicated dimensions of underwear (other clothing) received from the Customer.
The Service Provider stipulates that the Customer's provision of erroneous, false, incorrect or incomplete data in the order form may lead to improper processing of the Order, for which the Service Provider is not responsible.
The Service Provider shall commence performance of the Service after payment of the price by the Customer.
The time for performance of the Service is 8/9 working days and is calculated from the time of receipt of payment by the Service Provider.
The performance of the Service is carried out by sewing underwear (other clothing) according to the individual order of the Service Recipient and sending the Service Recipient the sewn underwear (other clothing) to the address indicated in the order form.
§ 4.
Price and method of payment
The price of the Service is the gross price and is given in Polish zloty.
The price of the Service includes the price of materials used to perform the Service.
The performance of the Service is documented by an invoice sent via email.
The price of the Service does not include the cost of delivery of the sewn lingerie (other clothing) to the Customer and any costs arising from the payment method selected by the Customer.
Payment for the Service shall be made by wire transfer, card, BLIK or fast online transfer through the Przelewy24 system.
§ 5.
Delivery method and cost
The service provider sends the sewn underwear (other clothing) only on the territory of Poland.
The cost of delivery of sewn lingerie (other clothing) depends on the selected method of delivery:
InPost courier service - PLN 15.00,
InPost parcel machine - PLN 15.00.
The cost of delivery of sewn underwear (other clothing) shall be borne by the Customer.
The sewn lingerie (other garment) is delivered to the Customer through the supplier selected by the Customer to the address indicated in the order form.
If an Inpost parcel machine is selected, the delivery address will be the address of the parcel machine selected by the Customer at the time of placing the order.
§ 6.
Complaint procedure
The Service Provider has an obligation to duly provide the Service.
The service provider is obliged to sew underwear (other clothing) without defects.
A complaint may relate to the non-performance or improper performance of the Service by the Service Provider.
The consumer has the right to make a complaint based on the warranty provisions of the Civil Code.
With respect to Service Recipients who are not Consumers, the warranty is excluded.
The consumer may file a complaint:
by sending the complaint AGAINST the underwear to. G.N.S. KAROL PAJĄK, 7 Ogrodowa St., 32-087 Bibice, NIP: 9371101958, REGON: 070878308.
The complaint should contain the Consumer's identification data (name, residence address, mailing address, e-mail address), a description of the reported objections and an indication of the Consumer's desired solution to the problem.
If the data or information provided by the Consumer is not sufficient to process the complaint, the Service Provider will immediately contact the Consumer in order to supplement the existing deficiencies of the complaint.
The complaint is processed immediately, no later than 30 days from the date of receipt of the complaint. The Service Provider shall respond to the complaint in writing or electronically, if the Consumer has provided an e-mail address, within 30 days of receipt. Failure to respond within 30 days shall be treated as acceptance of the complaint.
§ 7.
Out-of-court ways of handling complaints and claims by Consumers
The use of out-of-court means of handling complaints and claims is voluntary. The following provisions are for informational purposes and do not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution. Service provider's statement of consent or refusal to participate
in proceedings for out-of-court settlement of consumer disputes shall be submitted by the Service Provider in writing in the event that the dispute is not resolved following a complaint filed by the Consumer.
Detailed information on the possibility for the consumer to use the
of out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition Protection
The report was published by the National Commission for Consumer Affairs:
- http://www.uokik.gov.pl/spory_konsumenckie.php;
- http://www.uokik.gov.pl/sprawy_indywidualne.php;
- http://www.uokik.gov.pl/wazne_adresy.php.
The consumer has the following examples of out-of-court means of complaint handling and redress:
The consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Law of December 15, 2000. on Commercial Inspection (i.e., Journal of Laws of 2020, item 1706), with a request for settlement of a dispute between the Consumer and the Service Provider,
The consumer is entitled to turn to the Provincial Inspector of Commercial Inspection, in accordance with Art. 36 of the Law of December 15, 2000. On Trade Inspection
(i.e., Journal of Laws of 2020, item 1706), with a request to initiate mediation proceedings
On amicable settlement of the dispute between the Consumer and the Service Provider,
A consumer may obtain free assistance in resolving a dispute between him and the Service Provider, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
§ 8.
Withdrawal from the contract
In accordance with the provisions of the Law of May 30, 2014. On consumer rights (i.e. OJ.
of 2020. pos. 287) a consumer has the right to withdraw from a contract - in the performance of which the trader issues a thing, being obliged to transfer its ownership - concluded off-premises or at a distance, without giving any reason, by submitting an appropriate statement in writing to the trader within 14 days from the date of taking possession of the thing, subject to paragraph. 2-4.
According to Art. 38 point 3 of the Consumer Rights Act, the right of withdrawal from a contract concluded off-premises or at a distance is not available to the consumer
with respect to a contract in which the subject of performance is a non-refabricated item, produced to the consumer's specifications or serving to meet his individualized needs.
Consumer - by accepting these Regulations and placing an Order using the order form available on the website https://grubaniciaszyte.pl/- is informed of the content of Art. 38(3) of the Consumer Rights Law.
Taking into account that underwear (other garments) tailor-made by the Service Provider - both according to standard and individual dimensions - is a non-refabricated and personalized item - produced according to the Consumer's specifications and serving to meet his individualized needs, the Consumer is not entitled to withdraw from the contract concluded with the Service Provider.
§ 9.
Gift vouchers
You can place an order for a gift certificate by email or on our social media. Vouchers are named, issued for a selected amount, in a printable version sent by email after the payment is credited. The voucher is valid for one year from the date of issue. To use the gift voucher, place an order at https://grubaniciaszyte.pl/,(choosing bank transfer) and send the voucher to us in an email attachment. The voucher should be used once.
§ 10.
Copyright
All works available on the website https://grubaniciaszyte.pl/, in particular photos, graphic materials and content are subject to the copyright of the Service Provider or third parties and are protected under the Law of February 4, 1994. On Copyright and Related Rights (i.e., Journal of Laws 2021, item 1062). The use of these works is permitted only to the extent that it does not exceed the use permitted under applicable law.
§ 11.
Data protection
The Service Recipient's personal data is processed by the Service Provider as the personal data controller.
Provision of personal data by the Customer is voluntary, but necessary to use the Service provided by the Service Provider.
For detailed provisions on the protection of the Customer's personal data, please refer to the Privacy Policy.
§ 12.
Final provisions
Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act
On the provision of electronic services; the Law on Consumer Rights, the Law on Personal Data Protection.
The regulations are effective as of 31.03.2022.
Any changes to these Regulations will be communicated to Service Recipients through information on the website https://grubaniciaszyte.pl/.
The version of the Terms and Conditions in effect on the date the order was placed by the Customer shall apply to orders placed before the change in the Terms and Conditions.