ONLINE SHOP TERMS AND CONDITIONS – sortedclothes.eu
TABLE OF CONTENTS
- General provisions
- Electronic Services in the Online Shop
- Conditions for concluding a Sales Contract
- Methods and deadlines of payment
- Costs, methods and delivery time
- Complaints / liability for non-conformity (Consumers) and warranty (Entrepreneurs)
- Out-of-court complaint and redress procedures (ADR)
- Right of withdrawal from the contract
- Provisions concerning Entrepreneurs
- Final provisions
- Model withdrawal form
1. GENERAL PROVISIONS
1.1. The Online Shop available at www.sortedclothes.eu is run by Karolina Tryndoch, conducting business activity under the name sortedclothes.eu, entered into the Central Registration and Information on Business of the Republic of Poland (CEIDG), having: business address and address for service of correspondence: Warszawska 40/2a, 40-008 Katowice, Poland, VAT ID (NIP): PL6272741133, e-mail: info@sortedclothes.eu, (hereinafter: the “Seller” or “Service Provider”).
1.2. These Terms and Conditions (the “Regulations”) are addressed to: (i) Consumers; (ii) Entrepreneurs; and (iii) from 1 January 2021 also to natural persons concluding a contract directly related to their business activity, when it does not have a professional character for them (the so-called “Entrepreneur on Consumer Rights”). Where a clause applies only to Entrepreneurs, this is indicated explicitly.
1.3. IMPORTANT (B2B profile of the Shop): The Shop is primarily intended for business customers (Entrepreneurs). The Seller may refuse to accept or execute an Order if it indicates that the Customer acts as a Consumer, unless the Seller explicitly accepts such an Order.
1.4. The Controller of personal data processed in the Online Shop is the Seller. Personal data are processed for purposes, for the period and on the grounds indicated in the Privacy Policy published on the Shop website.
1.5. The Customer is obliged to use the Online Shop in a manner consistent with the law and good customs, including providing truthful data and not providing unlawful content.
1.6. Definitions
- BUSINESS DAY – Monday to Friday, excluding public holidays in Poland.
- ACCOUNT – an Electronic Service enabling access to Customer resources and Order history.
- ORDER FORM – an Electronic Service allowing the Customer to place an Order.
- CUSTOMER – an entity concluding or intending to conclude a Sales Contract with the Seller.
- CONSUMER – a natural person performing a legal transaction not directly related to their business or professional activity.
- ENTREPRENEUR – an entity conducting business activity.
- PRODUCT – a movable item available in the Online Shop.
- SALES CONTRACT – a contract for sale of Products concluded between the Customer and the Seller via the Online Shop.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider via the Online Shop.
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
2.2. Account
2.2.1. The Account is created after: (1) completing the Registration Form and (2) clicking the “Save” (or equivalent) button.
2.2.2. The Account is provided free of charge for an indefinite period. The Customer may delete the Account at any time by sending a request to: info@sortedclothes.eu or in writing to the Seller’s address.
2.3. Order Form
2.3.1. Using the Order Form begins with adding Products to the cart. Placing an Order requires: (1) completing the Order Form and (2) clicking “Confirm purchase” (or equivalent).
2.3.2. The Customer provides at least: name/company, address, e-mail, phone number, Product(s), quantity, delivery method and payment method. Entrepreneurs may be required to provide VAT ID.
2.3.3. The Order Form is provided free of charge and is single-use; it is concluded when an Order is placed or earlier discontinued.
2.4. Newsletter
2.4.1. The Newsletter is provided free of charge for an indefinite period. The Customer may unsubscribe at any time via e-mail to info@sortedclothes.eu.
2.5. Technical requirements
- device with Internet access, e-mail access, up-to-date web browser, cookies and JavaScript enabled.
2.6. Complaints regarding Electronic Services
2.6.1. Complaints related to Electronic Services may be submitted:
- in writing: Warszawska 40/2a, 40-008 Katowice, Poland
- by e-mail: info@sortedclothes.eu
2.6.2. The Seller responds within 14 calendar days.
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
3.1. The Sales Contract is concluded after the Customer places an Order and the Seller confirms acceptance of the Order for execution by e-mail.
3.2. Prices are given in PLN and include taxes, unless clearly stated otherwise (e.g., B2B intra-EU supply rules may apply depending on VAT status and delivery country).
3.3. The Customer is informed during checkout about the total price (including delivery and any additional costs) before placing the Order.
3.4. The content of the Sales Contract is made available by: (1) publishing these Regulations on the website and (2) sending the Order confirmation e-mail.
4. METHODS AND DEADLINES OF PAYMENT
4.1. Available payment methods:
- bank transfer to the Seller’s account;
- electronic payments and cards via Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland) – current methods displayed at checkout.
4.2. Payment deadline: if the Customer chooses electronic payment or card, the Customer is obliged to pay within 7 calendar days from concluding the Sales Contract (unless the Shop states a shorter deadline at checkout).
5. COSTS, METHODS AND DELIVERY TIME
5.1. Delivery is payable unless stated otherwise. Delivery costs are shown at checkout and in the delivery information section on the website.
5.2. Delivery methods: courier parcel.
5.3. Delivery time: up to 14 Business Days, unless a shorter period is stated in the Product description. The delivery period is counted from the date the Seller’s account is credited (unless the Seller states otherwise).
6. COMPLAINTS / LIABILITY FOR NON-CONFORMITY (CONSUMERS) AND WARRANTY (ENTREPRENEURS)
6.1. Consumers and Entrepreneurs on Consumer Rights (PL rules)
6.1.1. If the Customer is a Consumer (or an Entrepreneur on Consumer Rights), the Seller is liable for lack of conformity of the goods with the contract on the principles resulting from the Polish Act of 30 May 2014 on Consumer Rights (in particular Article 43a et seq.).
6.1.2. In the first place, the Consumer may request repair or replacement, and only in statutory cases may request a price reduction or withdraw from the contract (refund) in connection with non-conformity.
6.1.3. The complaint may be submitted:
- in writing: Warszawska 40/2a, 40-008 Katowice, Poland
- by e-mail: info@sortedclothes.eu
6.1.4. The Seller responds to a Consumer complaint within 14 calendar days.
6.2. Entrepreneurs (B2B)
6.2.1. For Customers who are not Consumers (and not Entrepreneurs on Consumer Rights), the Seller’s liability may be based on the Civil Code warranty rules; however, pursuant to Article 558 § 1 of the Civil Code, the Seller excludes liability under warranty to the fullest extent permitted by law.
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES (ADR)
7.1. A Consumer may use out-of-court ways of handling complaints and pursuing claims (ADR). In Poland, information is available via the Office of Competition and Consumer Protection (UOKiK).
7.2. Important update: the EU Online Dispute Resolution (ODR) platform has been discontinued and is no longer available.
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. Standard right of withdrawal (Consumers)
8.1.1. A Consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason, except where an exception applies under mandatory law.
8.1.2. To meet the deadline, it is sufficient to send the withdrawal statement before the deadline expires. The statement may be sent:
- in writing: Warszawska 40/2a, 40-008 Katowice
- by e-mail: info@sortedclothes.eu
8.1.3. The Seller refunds payments within 14 days from receiving the withdrawal statement, using the same payment method unless the Consumer agrees otherwise. The Seller may withhold reimbursement until receiving the returned Product or proof of its return, whichever occurs first.
8.1.4. The Consumer returns the Product within 14 days from withdrawing. The Consumer bears direct return costs, unless the Seller explicitly agrees otherwise.
8.2. No right of withdrawal – statutory exceptions
8.2.1. The right of withdrawal does not apply to contracts listed in mandatory law, including in particular a contract where the subject is a non-prefabricated Product made to the Consumer’s specifications or clearly personalised.
8.2.2. Important clarification (compliance): Packaging customisation alone (e.g., printing a name on a standard shipping carton) does not automatically qualify as “goods made to the consumer’s specifications”. The exclusion applies only where the Product itself is genuinely non-prefabricated / individually made according to the Consumer’s specification or clearly personalised.
8.3. Made-to-order bundles (only if the Shop truly offers this product type)
8.3.1. If (and only if) the Customer orders a made-to-order bundle compiled according to the Customer’s individual specification (e.g., individually selected parameters confirmed at checkout), such a Product may be treated as non-prefabricated / personalised. In that case, the right of withdrawal may be excluded in accordance with mandatory law.
8.3.2. Where this exclusion applies, the Shop will clearly indicate it on the Product page and at checkout, and the Customer will be required to acknowledge this before placing the Order.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section applies to Customers who are Entrepreneurs (B2B) and, where allowed, also to other non-consumer Customers.
9.2. The Seller may withdraw from the Sales Contract within 14 days of its conclusion (B2B), unless mandatory law of the Customer’s habitual residence provides otherwise and applies in a manner that cannot be contractually excluded.
9.3. The Seller may limit payment methods and request prepayment (B2B).
9.4. The Seller’s liability is limited to the maximum extent permitted by law (B2B). The Seller is not liable for lost profits.
9.5. Any disputes between the Seller and an Entrepreneur Customer shall be submitted to the court competent for the Seller’s registered office, unless mandatory law provides otherwise.
10. FINAL PROVISIONS
10.1. Contracts concluded via the Online Shop are concluded in English.
10.2. The Seller may amend these Regulations for important reasons, including changes in law or payment/delivery methods, to the extent affecting performance of these Regulations.
10.3. In matters not regulated herein, generally applicable provisions of Polish law shall apply, in particular the Civil Code and the Act on rendering electronic services, as well as mandatory consumer protection provisions.
10.4. These Regulations do not exclude mandatory consumer protection rules of the country of the Consumer’s habitual residence, where such rules cannot be excluded by contract.
11. MODEL WITHDRAWAL FORM
(This form should be completed and returned only if you wish to withdraw from the contract)
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Addressee: I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*): Ordered on (*) / received on (*): Name of Consumer(s): Address of Consumer(s): Signature of Consumer(s) (only if this form is notified on paper): Date: (*) Delete as applicable. |