"Bag" means the functionality of the Online Shop, which shows the Products selected by the Customer and allows the Customer to submit and modify the Order, in particular: number of Products, delivery address, forms of payment method, invoice address.
"Customer" means any natural person who is acting for purposes which are outside his/her business or profession and uses the Online Shop or otherwise makes a legal transaction with the Seller, particularly based on placing an Order which is not related directly to both business or professional activity (Consumer). Legal persons cannot be Customers themselves and buy Products or submit Orders using the Online Shop; Any such action will be bound by these Terms and Conditions. If any legal person is interested in purchasing Products, please send an email on this following address email@example.com.
"Consumer Rights Act" means the law of polish Act of Consumer Rights of 30 May 2014 (OJ 2014 item. 827).
"Terms of Delivery and Returns" means the terms of delivery of the Products and terms of return of Unwanted or defective Products, which form an integral part of these Regulations.
"Electronic invoice" means any invoice issued and received electronically as referred to art. 2 point 32 of VAT Act.
"Terms and Conditions" means these Terms and Conditions for the online shop Vanity & Co.
"Invoice" means any document containing the particulars required by the VAT Act and regulations issued pursuant art. 2 point 31 of the Act of Tax on goods and services thereto .
"My Account" means the Online Shop website where Customer has the ability to manage his or her orders and personal informations as well as receive notifications and receive informations about a submitted Order.
"Online Shop" means a shop run by the Seller on the Internet under the website address of http://vanityand.co
"Order" means any offer of purchase of the Product(s) presented by the Seller to the Customer via the Online Shop, presented on the order form generated by the Online Shop website and specifying the type and number of Products, their price, delivery terms and method of payment, which binds for 7 (seven) days.
"Seller" means DLX Concept LLC based in Warsaw (Nowoursynowska street 147/46, 02-776) entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS no. 0000622864, REGON 364708292, NIP 9512415217, with its share capital of 5,000 PLN.
2. General Terms and Conditions
2.1. These Terms and Conditions set out the rules for Customers of using the Online Shop, and specifically: placing orders for Products available on the Online Shop, delivering ordered Products, making a payment by the Customer the sale price of the Products, the Customer's right to withdraw from this contract, and the rules for addressing and handling complaints. Online Shop does not sell products to legal persons. Legal persons can not buy Products using the Online Shop or submit Orders; Any such action will be bound by these Terms and Conditions. If any legal person is interested in purchasing Products, please send an email on this following address firstname.lastname@example.org. The Seller has the right to withdraw from any contract entered with the legal person, which may be executed by the Seller within 30 days of the date of entering into a contract with the legal person.
2.2. The Customer is statutorily obliged to read these Terms and Conditions carefully before ordering any of the Products at this Online Shop. By ordering a Product, you agree to understand and be legally bound by these Terms and Conditions. If Customer does not accept the Terms and Conditions, Customer will not be able to order any Products from the Online Shop.
2.4. The Condition of using the Online Shop, including browsing the Products available on the Online Shop and submitting an Order means that it satisfies the following minimum technical requirements by the Customer data transmission system of: (a) a working Internet connection enabling HTTPS two-way communication;
(b) properly installed web browser that supports HTML 5 and Cascading Style Sheets technology (CSS3), such as Internet Explorer version 9.0 or higher, Mozilla Firefox version 12.0 or higher. Browsers should work with a minimum screen resolution of 1024 x 768 pixels;
2.5. The Customer is entitled and obliged to use the Online Store according to its purpose. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Online Shop, including in particular: (a) from any interfering with the contents of the Online Shop, including his or her own, or My Account, b) from providing incorrect data or (c) from using any forms of payment instruments which belongs to other people to purchase Products. The Customer undertakes not to submit any unlawful content or content that is inconsistent with public decency.
3.1. Customer may use the Online Shop as follows: (a) as a Customer holding My Account and placing an Order after logging into My Account; or (b) by using the "Order without registration" formula without logging in or registering in My Account.
3.2. REGISTRATION "MY ACCOUNT". In order to register My Account, the Customer must complete the registration form, i.e. the following data: (i) title (ii) name and surname; (iii) email address; (iv) invoice address; (iv) delivery address (if different from the invoice address); (vi) password.
3.3. Online Shop registration and normal use of the features offered by the Online Shop (including access to the information about the Products available on the Online Shop, My Account registration) is free.
3.4. Once you have registered in the Online Shop, you can log in to My Account by entering your email address and password.
3.5. Seller may block My Account (i.e. prevent the Customer from accessing My Account or making changes to My Account) if he suspects that Customer's actions regarding the Online Shop violate applicable laws or rules of these Terms and Conditions. A notification of blocking a Client's account intention should be sent to the Customer's e-mail address indicated in My Account 7 (seven) days in advance, unless such notice may result in loss of evidence that may be used for legal, criminal or administrative purposes. The Seller may block My Account for the time necessary to verify Client actions, but no longer than for a period of 30 days. Blocking My Account means suspension of Customer's ability to place Orders and any other functionality assigned to My Account. If the Seller confirms during the above period that the Customer has violated the applicable laws or provisions of these Terms and Conditions, the Seller may terminate the online service contract entered with the Customer and related to My Account with immediate effect by deleting My Account. An order accepted for execution by the Seller which has not yet been executed at the time of blocking My Account will not be executed and the contract entered will be terminated.
3.6. The Customer may request the removal of My Account at any time by sending an email from the email address in My Account to the following email address: email@example.com. Upon receipt of such request, My Account belonging to the Customer will be removed by the Seller. My Account, which has been deleted, can not be restored. The electronic service contract associated with My Account expires upon the deletion of My Account.
3.7. FORMULA "ORDER WITHOUT REGISTRATION". You may place your Orders online using the "Order without registration" formula. In this case, the Customer is required to provide the following information before submitting the Order on the contact form: (i) title (ii) name and surname; (iii) email address; (iv) invoice address; (v) delivery address (if different from the invoice address); (vi) and to submit the statements referred to paragraph 5.2 below. Abovementioned steps are necessary to place an Order.
4. Product informations
4.1. Including information about prices, pictures and descriptions of Products at the Online Shop website does not mean that this is an offer; it is merely an invitation to enter into a contract referred to art. 71 of polish Civil Code.
4.2. All prices include VAT and are quoted in Polish zloty or other currency options - also in US dollars and Euros. Product prices do not include delivery costs if such costs are incurred. If the Seller charges the Customer with delivery costs, they are subject of the Order value (see Terms of Delivery and Returns). The total cost of the Order (i.e. the price of the Products and any delivery costs) is indicated in the Bag before the Order is placed by the Customer.
4.3. Information regarding the price of the Product covered by the Order is binding until Customer receives the Order Confirmation in accordance with point 5.
4.4. The seller has the right to change the price of the Product offered at the Online Shop as well as post information about new Products, withdraw Products, conduct or cancel promotional campaigns on the Online Shop website, or make changes of it thereto. The authority referred to the preceding sentence shall not affect the Order submitted and accepted for execution by the Seller prior to the date of entry into force of the last amendment.
4.5. The Customer is not entitled to copy or use the Product's photos or descriptions or any other information placed on the Online Shop website for any purpose other than viewing or purchasing Products. Use of images, descriptions or other information placed on the Online Shop for other purposes may constitute a violation of both copyright and intellectual property rights.
5. Orders submission
5.1. The customer can place an order as follows: (a) using My Account - after registering My Account and logging in to My Account; (b) using the "Order without registration" formula - i.e. without having to register or log in to My Account after fulfilling the requirements set out in paragraph 3.7 above.
5.3. Orders in the Online Shop may be submitted for twenty four (24) hours per day throughout the calendar year, while acquaintance with the Order submitted after 17:00 and on public holidays in Poland will take place in the next business day. Access to the Online Shop may be temporarily and without prior notice suspended in the event of system failure, maintenance or repairs for reasons beyond the Seller's control. Seller has the right to temporarily discontinue or discontinue the provision of part or all of the functionality of the Online Shop to update or remove any identified errors, viruses or illegal material. The above will be conducted in such a way and in such a time as to ensure the least possible impediments to the User, but may result in temporary difficulties in using the Online Shop. If possible, the Seller will provide prior notification of suspending or interrupting the operation of the Online Shop.
5.4. Customer Submits a Product Order means placing an offer to the Seller to conclude a distance sale of the Products indicated in the Order in accordance with these General Terms and Conditions. The Customer's offer is binding for a period of 7 (seven) days.
5.5. Upon receipt of the Order, the Seller will send an email confirming the Order to the email address indicated in My Account or the registration form ("Order without registration"). Seller hereby informs the Customer that this does not mean that the Order submitted by the Customer has been accepted.
5.6. Acceptance of the Order will be confirmed by the Seller in a separate way, by e-mail to the email address provided by the Customer ("Order Confirmation"). After acceptance of the Order by the Seller is concluded the distance sale contract Products indicated in the Order between the Seller and the Customer. Confirmation of the Order is the Seller’s statement about acceptance of the offer referred to point 5.4. In the absence of confirmation by the Seller of acceptance of the Order within 7 (seven) days of the date of placing the Order, the distance sale contract of the Products covered by the Order will not take effect and the Customer's offer will expire.
5.7. In case of Customer makes a statement of withdrawal from a distance sale contract prior to acceptance by the Seller of the Order, such Order shall expire.
5.8. Once the Order is confirmed to accept by the Seller, any changes to the Order being placed may be made by sending an email to firstname.lastname@example.org, but they must be submitted no later than the Customer receives the Order Confirmation. The above condition is without prejudice to the consumer's right to withdraw from the contract in accordance with point 8 below.
5.9. The Customer will be notified by the Seller in case of any changes to the Order status via email.
5.10. In the event of that for any reason on the part of the Seller the fulfillment of the part of the Order is not possible (f.ex. the order is not available), the Seller may offer to the Customer: (a) cancellation of the entire Order (if the Customer is using this option, the Seller shall be relieved of the obligation Order execution; in case of that the customer has already paid the price for the Product, the Seller will return the full amount to the customer); (b) canceling the Order in the part where the Order is not available within the time specified in the Order (if Customer uses this option, the Order will be partially executed, the Seller will be relieved of the obligation to fulfill the remainder of the Order; in case of that he has already paid the price for the Products, the Seller will reimburse the Customer for the amount corresponding to that portion of the order that has been canceled); (c) waiting until the Product is available (if Customer takes advantage of this opportunity, the Order will be executed when all Products are available.) The Seller will inform the Customer of the approximate delivery date of the entire Order. (d) Waiting until the Product is available and providing the Product that is currently available (if Customer takes advantage of this opportunity, the Order will be executed and delivered in parts, meaning that the unavailable Product will be delivered at a later date). The Seller will inform the Customer about the approximate delivery date of the entire Order. Seller will cover the delivery costs of the Product, which will be available and delivered at a later date.
5.11. If within 7 (seven) days after receiving information from the Seller about the occurrence of the circumstances described in paragraph 5.10 above, the Customer will not choose any method of fulfilling the Order proposed by the Seller (including if it is not possible to contact the Customer for reasons not on the Seller’s side), Seller will proceed in accordance with paragraph 5.10 (b) above. A notification of this fact will be sent to the Customer's e-mail address indicated in My Account or to the registration form ("Order without registration"). The customer may withdraw from the distance sale contract to the extent it has been fulfilled in accordance with point 8.
5.12. The Seller will use its best endeavors to ensure that the Products displayed at the Online Shop website conform to the Seller's existing stock.
5.13. In the case of promotion campaigns or sales involving a limited number of Products, the Order will be executed in accordance with the Order Confirmation for those Products until the supplies covered by such sales form are exhausted.
6. Forms of payment
6.1. Payments at the Online Shop may be made:
(a) using credit cards, debit cards, in accordance with the Seller's specific ordering terms - if this payment method is currently available; (b) by electronic transfer to Seller's bank account - if this payment method is currently available; (c) using Seller's PayPal - if this payment method is currently available; (d) cash on delivery (COD) - if this payment method is currently available.
6.2. In the case of the form of payment referred to in point 6.1 (a), the Cardholder is subject to verification and authorization by the Acquirer. The Seller may share the Cardholder's personal information with third parties that are required to enable the Seller to carry out verification and authorization. In the event that the Acquirer refuses to authorize payments to Seller, Seller will not be liable for any delay or failure to deliver the ordered Product, which may result from the above.
6.3. The price to be paid will be set out in the Order Confirmation. The Order will be executed immediately after the conclusion of the distance sale contract, i.e. from receiving the Order Confirmation. With the exception of point 6.1. (d) payment should be made within 7 (seven) days from receiving the Order Confirmation.
6.4. Seller will not charge Customer’s credit/debit card until Seller sends the Order. Payment must be made prior to delivery of Products. The seller will charge the full amount to be paid from the Customer's credit / debit card before sending the Products. The Seller may suspend the delivery of Products until full payment has been received. The seller may terminate the contract with the Customer or terminate it immediately if the Customer for no reason fails to make a payment within the prescribed time limit and fails to make payment within seven days from the date of receipt of the reminder notification sent from the Seller for payment of the Product.
6.5. In the case of the form of payment referred to point 6.1 (a), (b) or (c) above, the successful payment authorization will be considered as the moment of payment.
6.6. The Seller will issue an Invoice documenting the sale in the form and within the time limit specified in accordance with the provisions of the VAT Act. By agreeing to the General Terms and Conditions, the Customer also agrees to receive the Electronic Invoice as the primary proof of sale and submits the request for receipt. The Electronic Invoice will be sent directly to the Customer's email address.
Terms of Delivery of the Products are set out in the Supplies document.
8. Right to withdraw from the contract
Terms of Return Unwanted Products (withdrawal conditions) are specified in the Exchange and Returns document.
9. Complaint procedure
Terms of Returns for defective products are set out in the Complaints document
10. Other terms
10.1. The Seller shall not be liable for failure or delay in performance of any obligation of the Seller arising from the distance sale agreement between the Customer and the Seller due to force majeure.
11. Amendments to these Regulations
11.1. Seller has the right to change these Terms and Conditions or any part thereof, including the Terms of Delivery, Exchange and Returns. These changes will not violate Customer's rights under the contracts submitted prior to the date of entry into force of the above changes. In the event of such changes, the Seller will inform the Customer of the modification by giving a consolidated text of the amended Terms and Conditions on the Online Shop website next to the previous version together with the change notification. The amendment of the Terms and Conditions shall enter into force within 14 (fourteen) days of its publication on the Online Shop website.
12. Applicable law and jurisdiction