ARTICLE 1 GENERAL PROVISIONS
These Terms and Conditions are applicable to services provided by the Provider via the Website http://dresscome.co.uk/.
Provider - Adrian Pażucha IT CONSULTING, with registered office in Limanowa (34-600), Grunwaldzka 6e, Tax ID (NIP): 7372141999, National Business Registry Number (REGON): 121298891, registered in the Central Registration and Information on Business (CEIDG) database, administered by the competent minister for economy; e-mail: email@example.com, owner of the Website.
User — a natural person having full capacity to enter into legal transactions, and in the cases provided for by the mandatory legislation also a natural person having limited capacity to enter into legal transactions, a natural person conducting a business activity, a legal entity, or an organisational unit without legal personality, utilising the services provided electronically by the Provider,
Consumer — a natural person making the legal action not directly related to its business.
Terms and Conditions — these Terms and Conditions — defining the terms of usage of the Website;
Webpage — webpages utilised by the Provider to run the Website, within the domain http://dresscome.co.uk/.
Durable Medium — a material or a tool allowing the User or the Provider to store information made available to them, in a way enabling one to access the information in the future for the period of time appropriate for the purpose of the information and enabling one to recover the stored information without any changes.
Vendor — a natural person conducting a business activity or a legal entity utilising the electronic services of the Provider, displaying their Goods via the Website; Vendors may display their Goods on the Website once they conclude separate contracts with the Provider, specifying the rules of their cooperation.
Goods — moveable goods from the Vendor’s inventory displayed on the Website, which may constitute a subject of a sales contract concluded between the User and the Vendor once the User is redirected to an external website with the Vendor’s online shop.
All rights to the Website, including financial copyrights, intellectual property rights to its name, domain, Webpage, as well as form templates and logotypes, belong to the Provider, and their usage may only occur with the Provider’s written consent.
The Website is made available by the Provider via the Internet and the Webpage as a computerised information technology database.
The Provider reserves the right to place advertising content regarding the Goods and third party services on the Website in forms usually employed on the Internet.
Users and third parties are forbidden from using the Website and the Webpage to send unsolicited commercial information.
The Webpage displays Goods, which the User can purchase from the relevant Vendor. The Website does not mediate any conclusion of sales contracts, nor is it a party in any such contracts. When the User selects the option “SEE IN STORE” available next to a given Good, they shall be redirected to the relevant Vendor’s website, which they can then use to order the Good.
The Provider provides their services within and outside of the Republic of Poland.
These Terms and Conditions are available free of charge on the Website http://dresscome.co.uk/ in a form allowing them to be downloaded, saved and printed for any future reference – this does not mean, however, that the Terms and Conditions (or their fragments) may be copied or utilised for personal reasons, which is forbidden.
ARTICLE 2 USAGE OF THE WEBSITE
Using the Website means any operation by the User which makes them acquainted with the content of the Webpage.
The User is obliged to utilise the Website in accordance with these Terms and Conditions, in a manner consistent with the applicable provisions of the law, as well as the principles of social co-existence and morality.
Any action undertaken by the User should ensure the respect for individual rights of any third parties, especially other Users utilising the Website.
The Provider takes utmost care to provide their services via the Website in a fully satisfactory manner to the Users.
While utilising the Website, the User is forbidden from making any changes to its content, structure, form, graphics, as well as Website and Webpage functionalities.
The User is forbidden from placing any illegal content on the Website and from using the Website, the Webpage or the services provided by the Provider in an illegal manner, or in a manner infringing on the principles of morality, personal rights of third parties, or justified interests of the Provider.
The User is allowed to utilise the Website resources only for their own use. The User is forbidden from using the resources or functions of the Website to conduct commercial activity or activity that would infringe on the Provider’s interests.
The Provider declares that the public nature of the Internet and usage of electronic services may carry a risk of the User’s data being acquired or modified by unauthorised third parties, therefore the Users should employ all applicable technical means to minimise such a risk. Specifically, the Provider recommends using anti-virus software to protect the identity of Internet users.
Any content or actions in any way breaching these Terms and Conditions may be reported via the e-mail address firstname.lastname@example.org.
ARTICLE 3 SERVICES
The Provider provides electronic services to the Users, via the Website, free of charge. The services are provided 24 (twenty four) hours a day, 7 (seven) days a week.
The Provider provides the following free services to the Users:
Ability to browse and compare, free of charge, the prices of Goods displayed on the Website;
Allowing the Users to place their opinions on the Website in a form of a rating, specified by selecting a number of stars in the opinion tab.
The free service of browsing and comparing the prices allows the Users to acquaint themselves with the offers of the Vendors displaying their Goods on the Website. The service allows one to search for specific Goods based on their categories and their price ranges, as per the User's settings; it also allows one to compare the prices of given Goods from various Vendors displaying their Goods on the Website. The service does not require the User to provide any personal data.
With the free service of placing opinions, the Provider allows Users to publish individual and subjective opinions concerning specific Goods displayed on the Website and the Webpage. Placing an Opinion requires selecting a number of stars corresponding to the User’s rating in the opinion tab.
If the Provider determines that the user-added content may be considered illegal, they reserve the right to delete it.
The User may resign from the opinion service at any time by ceasing placing any content on the relevant Webpages.
The Provider is entitled to block a User from access to the Website services if the User should be found to hinder the Provider or other Users, breach any provisions of the law or these Terms and Conditions, as well as when such blockage is justified by security reasons, specifically: breaching Webpage security measures – it is forbidden to attempt to introduce any harmful data into the Provider’s computerised system (malware, including bots, viruses, spyware, “worms”, etc.). Any service blockage as per the provision above shall last for a time period necessary to resolve the underlying issue.
If a contract is concluded with the User, the Provider shall confirm the contract’s provisions by providing the User with a copy of them on a Durable Medium.
ARTICLE 4 COMPLAINTS
If the User feels that the Provider is not providing their services or provides them improperly, they may file a formal complaint.
A complaint may be filed via e-mail to the e-mail address: email@example.com.
The complaint should contain: the name and surname, the applicable e-mail address, the description of alleged breaches, and one’s requests relating thereto.
If the complaint is found to not contain sufficient information, the Provider shall revert to the User and request additional data before responding to the complaint.
The Provider formally responds to a properly filed complaint within 14 days for Users also being consumers, and 30 days for Users not being consumers.
The response to the complaint shall be sent solely to the complaining User’s e-mail address.
Any complaints concerning Goods purchased from Vendors, or improper exercising of the sales contract by the Vendor, should be filed directly to the Vendor selling the Good or providing the service.
ARTICLE 5 WITHDRAWAL FROM THE CONTRACT
A User also being a consumer has the right to withdraw from a distance Contract, without providing any reasons thereto, within 14 days of concluding the contract on providing services by electronic means.
The above provision is not applicable in the following instances:
provision of services, where the trader carried out a service as per the consumer’s express consent, where the consumer had been informed before the service was provided that they would lose their right to withdraw from the Contract once the service is carried out,
contracts for services for which the price or remuneration is dependent on variations of the financial market, outside of the trader’s control, which may occur before the contract withdrawal term is due,
contracts for services covering non-prefabricated items, manufactured based on the consumer’s specifications or used to serve their own, individual needs,
contracts for services covering items that quickly deteriorate or with short “best consumed before” time frames,
contracts for services covering items delivered in a sealed packaging, which, once opened by the consumer, prevents the item from being returned due to health or hygiene concerns,
specific contracts for services covering items that, due to their inherent nature, are inseparably connected to other items once delivered,
contracts for services covering alcoholic beverages, the price for which was established when concluding the Service Contract, and which may be delivered only after 30 days, and their price is dependent on variations of the financial market, outside of the trader’s control,
contracts in which the consumer expressly demanded that the trader performs urgent repairs or conservatory works. If the trader provides any additional services to those requested by the consumer, or delivers any items other than spare parts required to perform repairs or conservatory works — the consumer has the right to withdraw from the contract with regards to the additional services or items,
contracts for services covering sound or video recordings, or software delivered in a sealed packaging, if the packaging was opened by the consumer following the delivery,
journals, periodicals, or magazines, except subscription contracts,
contracts concluded at a public auction,
contracts for services covering accommodation other than for residential purpose, transport of goods, car rental services, catering, or services related to leisure activities, if the contract provides for a specific date or period of performance,
contracts covering supply of digital content which is not supplied on a tangible medium, if the service has begun with the consumer's prior express consent and with the acknowledgement by the consumer of losing the right to withdraw.
In order to withdraw from the Contract, one needs to declare their intent to do so via e-mail or traditional mail within the statutory period of 14 days from the day of the conclusion of the Contract. A non-consumer User has no right to withdraw from the Contract.
ARTICLE 6 LIABILITY
The Provider is not liable for the Vendors not exercising or improperly exercising contracts (especially when the Goods are not corresponding to the provisions of the contract, or they have defects, etc.) – liability for such issues is always at the side of the Vendor that the User concluded the contract with.
The Provider is not liable for telecommunication providers, with which the User concluded any contracts, not exercising or improperly exercising their services.
The Provider is not liable for any Internet-related outages or issues that may prohibit the User from utilising the Website. Specifically, the Provider is not liable for any losses incurred by the User as a result of loss of data or inability to transfer data caused by outages preventing the User from accessing the Provider’s Webpages.
The Provider is not liable for damages incurred by the User resulting from force majeure, as per the applicable provisions of the Polish law.
The Provider is not liable for validity and accuracy of information on Goods displayed by the Vendors on the Website.
The liability for quality, safety and legality of Goods displayed on the Website lies solely with the relevant Vendor.
Liability for legality of product images, graphics, texts and trademarks/logotypes displayed along with the Goods, as well as other content placed on the Website, lies solely with the Vendors placing such content on the Website. Any claims relating to illegal usage of content specified above should be filed directly to the Vendor that added it.
If the Provider finds that content placed on the Website by Vendors infringe on the mandatory rules of law, these Terms and Conditions, or third party rights – the Provider reserves the right to delete such content.
ARTICLE 7 PERSONAL DATA AND COOKIES
Personal data shall be processed by the Provider solely on the basis of being authorised to do so and solely for the purposes of providing the relevant electronic services.
Anyone that provides the Provider with their personal data shall have the right to access, correct, and update it.
The Provider shall make it possible to delete one's personal data from their database. The Provider may refuse to delete the personal data if the User has been found to infringe on the mandatory rules of law and their personal data is necessary to clarify the relevant circumstances and determine the User’s liability.
The Provider protects the acquired personal data and maintains all due diligence to secure it from unauthorised access or use. The collection of acquired personal data of Users is treated as a separate database stored in the Provider’s server in a special security zone providing appropriate protection.
The Provider shall not transfer, sell and make available the collected personal data of Users to any other people or institutions, unless it is done with the User’s express consent or on their request, in accordance with the mandatory rules of law, or on a request from court, public prosecutor, police, or other organs authorised to make such a request, if the User is found to have infringed on the mandatory rules of law.
The Provider may entrust the processing of the personal data of the Website Users to other subjects, to process the data in the Provider’s name, based on separate personal data processing contracts – specifically, the Provider shall entrust the processing of the personal data of the Website Users to the hosting service provider.
The personal data of the Website Users is processed by the Provider for the period necessary to provide the service to the User, or until the User retracts their consent to process their personal data, or until the User files a formal request to cease the processing of their personal data. The User personal data may be processed for a period of time longer than specified above, if it is required or allowed by specific provisions of the law.
If a User’s personal data is processed illegally, they have the right to file a formal complaint to a relevant supervisory body responsible for personal data protection.
The Provider reserves the right to reveal collective, general statistical data regarding the Users to cooperating companies and websites. Such data may concern the visibility of Webpages and shall not contain any User personal data.
The Provider utilised “cookies”, which are saved on the hard drive of the User’s end device when the User utilises the Webpages.
Usage of the “cookies” is meant to improve the functionality of the Webpages on User’s end devices. This functionality causes no damage to the User’s end device and makes no configurational changes to the end devices, nor to software installed on such devices. “Cookies” are not meant to identify Users.
The Provider utilises “cookies” to:
store information concerning the Users’ end devices;
verify and develop the Provider offers;
collect statistical data.
Users may disable the “cookie” functionality in the Internet browsers on their end devices. The Provider underlines, however, that disabling “cookies” may decrease the performance of, or make it impossible to use the Webpages.
ARTICLE 8 COPYRIGHT PROTECTION
All photographs and other materials (including texts, graphics, logotypes, etc.) available on the website http://dresscome.co.uk/ are considered property of the Provider or have been utilised by the Provider with consent of third parties possessing the relevant copyrights.
Copying the photographs and other graphical materials, as well as reprinting any of the texts available on the website http://dresscome.co.uk/, or their publication on the Internet without prior written consent of the Provider or the third party possessing the relevant copyright, is forbidden.
Downloading photographs from the website http://dresscome.co.uk/ and using them for promotional or commercial purposes is also forbidden for all external parties. Any usage of the above mentioned materials without a prior written consent of the Provider or the third party possessing the relevant copyright is against the law and may constitute a basis for initiating legal proceedings against the party engaging in such activities.
ARTICLE 9 CONTRACT TERMINATION
Each of the Parties may terminate the contract on providing services by electronic means at any time and without giving any reason thereto, subject to the other Party retaining the rights acquired as per the contract before its termination and subject to the provisions of this article.
The Provider terminates the contract on providing services by electronic means by sending a statement of will to the User to the e-mail address that they provided when placing an opinion, with the termination occurring after a notice period of 7 (seven) days.
The User terminates the contract on providing services by electronic means by sending a statement of will to the Provider to their e-mail address, with the termination occurring after a notice period of 7 (seven) days.
Once the contract is terminated or expires, all information regarding the User is deleted from the Website. The User is requested to provide, in their statement of will specified in section 3 of this article, the e-mail address that they specified in the opinion form – so that the content added by the User may be deleted.
ARTICLE 10 FINAL PROVISIONS
The Provider reserves the right to introduce limitations to the usability of the Website caused by technical issues, conservatory works, or upgrade implementation. Simultaneously, the Provider is obligated to limit the above mentioned technical breaks to night time and to have them last as briefly as possible.
The Provider reserves the right to introduce changes to the Terms and Conditions. All changes to the Terms and Conditions shall be announced on the Website in advance. The changes shall be introduced not earlier than after 7 days of their announcement. If the User does not accept the introduced changes, the contract on providing services by electronic means shall be terminated, as per the article 9.
The changes to the Terms and Conditions shall not aim at modifying the rights that the Users acquired prior to introducing them.
The provisions of these Terms and Conditions are not aiming at waiving or limiting any of the rights of the User being a consumer, applicable as per the mandatory rules of law. Should any of the provisions of these Terms and Conditions not comply with the above mentioned rules of law, the rules of law shall take precedence.
Any conflicts between the Provider and the Users shall be resolved in an amicable manner or by means of mediation proceedings assisted by an independent, neutral mediator.
Any detailed information, contract details, and lists of consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection. The User may also file their complaint via the European Union’s ODR platform (online dispute resolution), available at: http://ec.europa.eu/consumers/odr/.
If a conflict with a User also being a consumer cannot be resolved amicably, it shall be resolved by the relevant court as per the Polish law.
For disputes between the Provider and non-consumer Users, the relevant court shall be the court of competent jurisdiction as per the Provider’s registered address.
Any matters not regulated by these Terms and Conditions shall be regulated by the applicable provisions of the Polish law, unless specific mandatory rules of law, including international agreements or EU laws, assume primacy of another jurisdiction, such as e.g. the User’s country of residence.
These Terms and Conditions are applicable starting with January 26th 2018.