Regulations of the online store www.igibu.store
These Regulations outline the general terms, rules and method of sales used by Slow Fashion Sp. z o. o. with its headquarters in Łódź, Poland (owner of the brand “IGIBU”) via the online store www.igibu.store ( “the Online Store”).
Section 1 DEFINITIONS
1. Business days – weekdays from Monday to Friday, excluding public holidays.
2. Delivery – an actual action involving delivery by the Seller to the Customer, via a Supplier, of the Goods specified in an order.
3. Supplier – an entity that the Seller is cooperating with in relation to the Delivery of Goods:
a) courier company – DPD Polska Sp. z o.o. with its headquarters in Warsaw; parcel box system (Paczkomat);
d) Poczta Polska S.A. with its headquarters in Warsaw, Poland.
4. Password – a series of letters, numbers or other characters chosen by the Customer during Registration at the Online Store, used to secure access to the Customer Account at the Online Store.
5. Customer – an entity to which electronic services may be rendered in accordance with the Regulations and legal provisions, or with which a Sales Agreement may be concluded.
6. Customer Account – a panel that is individual to every Customer, opened for the given Customer by the Seller after the Customer goes through Registration and concludes a service provision agreement for running the Customer Account.
7. Login – an individual designation of a Customer, created by the Customer, comprised of a series of letters, numbers or other characters, required together with the Password to create a Customer Account in the Online Store.
8. Regulations – these Regulations.
9. Registration – an actual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
10. Seller – Slow Fashion with its headquarters in Łódź, Poland, UL. ŚWITEZIANKI 36, 91-496, NIP (Tax ID): 7262688538, REGON (National Business Registry No.) 520503425, entered into the Register of Entrepreneurs of the National Court Register under KRS (National Court Register) No. 0000934268, producing and selling clothing under the brand “IGIBU”, which it owns, and via the online store under the domain www.igibu.pl.
11. Store’s Website – the websites on which the Seller runs the Online Store, operating under the domain www.igibu.pl.
12. Goods – a product presented by the Seller via the Store’s Website that may be the subject of a Sales Agreement.
13. Sales Agreement – a distance sales agreement between a Customer and the Seller concluded under the terms specified in the Regulations.
Section 2 GENERAL PROVISIONS AND USE OF THE ONLINE STORE
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Store’s Website, and patterns, photos, forms, logos posted on the Store’s Website (with the exception of logos and photos presented on the Store’s Website for the purpose of presenting goods whose copyrights belong to third parties) belong to the Seller, and may be used only in the manner specified in and in accordance with the Regulations and with the written consent of the Seller.
2. The Seller uses the mechanism of “cookies”, which, when Customers use the Store’s Website, are saved by the Seller’s server on the hard drive of the Customer’s end device. “Cookies” are used to ensure the correct functioning of the Store’s Website on the Customer’s end devices. This mechanism does not damage the Customer’s end device and does not cause configuration changes in the Customer’s end devices or the software installed on these devices. Each Customer can disable the “cookies” mechanism in the web browser of their end device. The Seller would like to highlight that disabling “cookies” may, however, cause difficulties or prevent the use of the Store’s Website.
3. To place an order in the Online Store via the Store’s Website, and to use the services available on the Store’s Websites, the Customer must have an active e-mail account.
4. It is prohibited for the Customer to provide unlawful content or use the Online Store, the Store’s Website or free services provided by the Seller in a manner that is contrary to the law or common decency, or that infringes the personal rights of third parties.
5. The Seller declares that the public nature of the internet and the use of electronic services may involve the risk of unauthorised obtainment and modification of Customer data; therefore, Customers should use appropriate technical measures to minimise the above-mentioned risks. In particular, they should use anti-virus programs and programs that protect the identity of internet users. The Seller will never ask the Customer to provide it with any form of the Password.
Section 3 REGISTRATION
1. In order to create a Customer Account, the Customer may register free of charge.
2. Registration is not required to place an order in the Online Store.
3. In order to Register, the Customer should complete the registration form provided by the Seller on the Store’s Website, and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
4. When completing the registration form, the Customer has the opportunity to read the Regulations, accepting their content by marking the appropriate field in the form.
5. During Registration, the Customer may voluntarily consent to the processing of their personal data for marketing purposes by checking the appropriate box in the registration form. In this case, the Seller clearly informs about the purpose of collecting the Customer’s personal data, as well as about the known or expected recipients of such data.
6. The Customer’s consent to the processing of their personal data for marketing purposes is not required to conclude an agreement with the Seller for the electronic provision of the Customer Account Management service. The consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The statement may, for example, be sent to the Seller’s address via electronic mail or in paper form to the Seller’s address.
7. After sending a completed registration form, the Customer immediately receives, electronically to the electronic mail address provided in the registration form, Registration confirmation by the Seller. At this moment, an agreement is concluded for the electronic provision of the Customer Account Management service, and the Customer gains access to the Customer Account and may make changes to the data provided during Registration, except for the Login.
Section 4 ORDERS
1. The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Polish Civil Code. It is an invitation to Customers to submit offers to conclude Sales Agreements.
2. The Customer may place orders in the Online Store via the Store’s Website seven days a week, 24 hours a day.
3. A Customer placing an order via the Store’s Website completes an order by selecting the Goods they are interested in. Adding the Goods to the order is done by selecting the “ADD TO CART” command under the given Goods presented on the Store’s Website. After completing the entire order and indicating in the “CART” the Delivery Method and the form of payment, the Customer places the order by sending the order form to the Seller, selecting the “BUY AND PAY” button on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs they are required to incur in connection with the Sales Agreement.
4. Placing an order constitutes the Customer’s submission to the Seller of an offer to conclude a Sales Agreement for the Goods that are the subject of the order.
5. After placing the order, the Seller sends a confirmation of its submission to the electronic mail address provided by the Customer.
6. Next, after confirming the order, the Seller sends information about the acceptance of the order to the electronic mail address provided by the Customer. Information about the acceptance of the order for processing is the Seller’s declaration of acceptance of the offer referred to in Section 3 paragraph 4 above, and upon its receipt by the Customer, a Sales Agreement is concluded.
7. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer’s electronic mail address or in writing to the address specified by the Customer when placing the order.
8. If the order is paid for using a payment card, its processing begins at the moment a positive authorisation of the transaction is obtained.
Section 5 PAYMENTS
1. The prices on the Store’s Website listed next to the given Goods are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be required to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the Delivery Method and placing the order.
2. The Customer may choose the following methods of paying for the ordered Goods:
a) bank transfer to the Seller’s bank account (in this case, the processing of the order will commence after the Seller sends the Customer confirmation of the order and after the funds are credited to the Seller’s bank account);
b) payment card – Visa, Visa Electron, MasterCard, Maestro, American Express, Diners;
The entities providing online payment services are:
PayU SA with its headquarters in Poznań, Poland, 60-166 Poznań, at ul. Grunwaldzka 186, national payment institution, supervised by the Polish Financial Supervision Authority, entered into the Register of Payment Services under number IP1/2012, entered into the Register of Entrepreneurs kept by the District Court in Poznań – Nowe Miasto i Wilda in Poznań, 8th Economic Division of the National Court Register under KRS (National Court Register) No. 0000274399, with a share capital of PLN 4,944,000, fully paid up, holder of NIP (Tax ID): 779-23-08-495, REGON (National Business Registry Number) 300523444.
3. The Customer is each time informed by the Seller on the Store’s Website about the date by which they are required to pay for the order in the amount resulting from the concluded Sales Agreement.
4. In the event of the Customer’s failure to make the payment within the time limit referred to in Section 4 paragraph 3, the Seller shall set an additional payment deadline for the Customer and inform the Customer about it on a Durable Medium. Information about the additional payment deadline shall also include information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller shall send the Customer a statement of withdrawal from the agreement on a Durable Medium pursuant to Article 491 of the Polish Civil Code.
5. If the goods are returned based on an effective complaint or withdrawal from the sales contract within 14 days of the moment when the Customer took possession of the goods, the funds paid for the purchase of the goods and the delivery costs shall be refunded to the Customer’s account.
6. In the situations outlined in Section 4 paragraph 5, the funds shall be refunded into the Customer’s bank account from which they were paid to the Seller’s account. If there is a need to carry out a refund for a transaction made by the Customer with a payment card, the Seller will make the refund to the bank account assigned to the Customer’s payment card.
Section 6 DELIVERY
1. The Seller sends goods within the territory of the Republic of Poland and Member States of the European Union (excluding Cyprus, Greece and Malta) according to the agreed price list, which is displayed at the time of placing the order.
2. The Seller is required to deliver the Goods that are the subject of the Sales Agreement free of any defects.
3. The Seller publishes information on the number of Business Days needed to ship and complete the order on the Store’s Website.
4. The Delivery date and the time frame for the processing of the order specified on the Store’s Website are counted in Business Days in accordance with Section 1 paragraph 1. 1.
5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form. If InPost Paczkomaty Sp. z o.o. based in Kraków, Poland, is chosen as the Supplier, the Delivery address will be the address of the parcel locker chosen by the Customer at the time of placing the order.
6. On the day of sending the Goods to the Customer, information confirming the dispatch of the shipment by the Seller is sent to the Customer’s electronic mail address.
7. The Customer should examine the delivered package within a time and in the manner accepted for shipments of the given type in the presence of the Supplier’s employee. In the event of a loss or damage to the shipment, the Customer has the right to request the Supplier’s employee to draw up an appropriate report.
8. If the Customer is absent from the address indicated by them, provided when placing the order as the Delivery address, the Supplier’s employee will leave a notification or attempt a phone call to determine a date on which the Customer will be present. If the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer electronically or via telephone, arranging another date and cost of Delivery with the Customer.
Section 7 WARRANTY
1. The Seller shall ensure that the Goods are delivered free of physical and legal defects. The Seller shall be liable to the Customer if the Goods have a physical or legal defect (warranty).
2. If the Goods have a defect, the Customer may:
a) Submit a statement of withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Goods with Goods that are free of defects, or eliminates the defect.
This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with Goods that are free of defects or to eliminate the defects. The Customer may, instead of the defect elimination proposed by the Seller, request replacement of the Goods with Goods that are free of defects.
b) Request replacement of the defective Goods with Goods that are free of defects, or the elimination of the defect. The Seller is required to replace the defective Goods with Goods that are free of defects, or to eliminate the defect within a reasonable time without excessive inconvenience to the Customer. The Seller may refuse to satisfy the Customer’s request if bringing the defective Goods into compliance with the Sales Agreement in a manner chosen by the Customer is impossible or would require excessive costs compared with the second possible way of bringing the defective Goods into compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
3. A Customer who exercises their rights under the warranty is required to deliver the defective item to the Seller’s address. In the case of a Customer who is a Consumer, the cost of delivery shall be covered by the Seller.
4. The Seller is liable under warranty if a physical defect is found within two years from the delivery of the Goods to the Customer. A claim for elimination of a defect or replacement of the given Goods with defect-free Goods shall expire after one year; however, this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement due to a defect in the Goods. If the Customer requested the replacement of the Goods with defect-free Goods, or the elimination of the defect, the deadline to withdraw from the Sales Agreement or submit a statement on price reduction begins with the ineffective expiry of the deadline for replacing the Goods or eliminating the defect.
Section 8 COMPLAINTS
1. Any complaints related to the Goods or the implementation of the Sales Agreement may be directed by the Customer in writing to the Seller’s address by sending it to the following electronic mail address: firstname.lastname@example.org or to the following mailing address: IGIBU, ul. Mokotowska 45/17, Warszawa 00-533, Poland, with the note “COMPLAINT”.
2. The Seller, within 14 days from the date of receipt of the request containing the complaint, shall respond to the complaint regarding the Goods or the complaint related to the implementation of the Sales Agreement reported by the Customer.
3. The Customer may submit a complaint to the Seller in connection with the use of the free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the following address: email@example.com. In the complaint, the Customer should include a description of the problem. The Seller shall consider complaints and provide the Customer with an answer immediately, but not later than within 14 days.
§ 9 WITHDRAWAL FROM THE SALES AGREEMENT
1. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 14 days without providing a reason.
2. The time frame for withdrawing from the Sales Agreement starts from the moment the Customer takes possession of the Goods. The Customer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. The statement may be submitted on the form, a template of which has been placed by the Seller on the Store’s Website at: Withdrawal form . To meet the deadline, it is sufficient to send the statement before the deadline expires.
3. In the event of withdrawal from the Sales Agreement, it is considered void and the Parties to the Sales Agreement are required to return the benefits to the other Party.
4. If the Customer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted their offer, the offer ceases to be binding.
5. The Seller is required to immediately, not later than within 14 days from the date of receipt of the Customer’s statement on withdrawal from the Sales Agreement, refund all payments made by them, including the cost of Delivery of the Goods to the Customer. The Seller may withhold the refund of payments received from the Customer until receipt of the Goods or until the Customer provides proof of sending the Goods back – whichever occurs first.
6. The Customer is required to return the Goods to the Seller immediately, but not later than within 14 days from the date on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to send the Goods back to the Seller’s address before the deadline expires.
7. In the event of a withdrawal, the Customer shall only bear the direct costs of the return of the Goods.
8. If due to their nature, the Goods cannot be returned by regular mail, the Seller shall inform the Customer about the costs of returning the item on the Store’s Website.
9. The Customer is responsible for a decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
10. The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer expressly agreed to a different method of refund that does not involve any costs to be incurred by the Seller .
Section 10 FREE SERVICES
1. The Seller provides Customers with a free Newsletter service by electronic means.
2. The Newsletter service is provided seven days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services listed, about which it shall inform Customers in a manner that is appropriate for an amendment of the Regulations.
4. The Newsletter service can be used by any Customer who enters their electronic mail address via the registration form provided by the Seller on the Store’s Website. After sending the completed registration form, the Customer immediately receives electronic confirmation from the Seller sent to the electronic mail address provided in the registration form. At this moment, an agreement for the provision of the Newsletter service by electronic means is concluded.
5. The Newsletter service involves the Seller sending to the electronic mail address messages in electronic form containing information about new products or services in the Seller’s offer. The Newsletter is sent by the Seller to all Customers who have subscribed.
6. Each Newsletter addressed to given Customers contains, in particular, information about the sender, a completed “subject” field specifying the content of the message and information about the possibility and method of cancelling the free Newsletter service.
7. The Customer may, at any time, unsubscribe from the Newsletter by unsubscribing via the link in each electronic mail message sent as part of the Newsletter service or by activating the relevant field in the Customer Account.
Section 11 PERSONAL DATA PROTECTION
1. The Seller is the controller of the Customers’ personal data provided to the Seller voluntarily as part of orders placed and the Seller’s provision of electronic services, or under other circumstances specified in the Regulations.
2. The Seller processes Customers’ personal data to process orders and provide electronic services, as well as for other purposes specified in the Regulations. The data are processed only on the basis of the law or consent expressed by the Customer in accordance with applicable law.
3. The Customer provides their personal data to the Seller voluntarily, with the proviso that failure to provide specific data in the ordering process prevents submission and processing of the order.
4. Anyone who provides the Seller with their personal data has the right to access and correct such data.
5. The Seller shall ensure that personal data can be erased from the collection. The Seller may refuse to erase personal data if the Customer has not paid all amounts due the Seller, or has violated applicable law, and the retention of the personal data is necessary to clarify these circumstances and establish the Customer’s liability.
6. The Seller shall protect the personal data provided to it, and shall make every effort to protect them against unauthorised access or use.
7. The Seller shall provide the Customer’s personal data to the Supplier to the extent necessary to complete the Delivery.
8. If the Customer selects payment via the PayU Payment System, their personal data will be transferred to PayU S.A. to the extent necessary for the payment to be made.
9. You have the right to request information about the content of the data stored about you, as well as the right to request a change, blocking or erasure of data, as well as the right to rectify errors, supplement your data or update your data. To do this, please contact us at: firstname.lastname@example.org
Section 12 TERMINATION OF THE AGREEMENT (DOES NOT APPLY TO SALES AGREEMENTS)
1. Both the Customer and the Seller may terminate an agreement for the provision of electronic services at any time and without giving reasons, subject to the preservation of the rights acquired by the other party before the termination of the above-mentioned agreement and the provisions below.
2. The Seller may terminate an agreement for the provision of electronic services by sending an appropriate declaration of will to the Customer to the electronic mail address provided by the Customer when using the service.
Section 13 FINAL PROVISIONS
1. The Seller shall be liable for non-performance or improper performance of the agreement; however, in the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store’s Website.
3. In the event of a dispute arising based on a concluded Sales Agreement, the parties shall strive to resolve the matter amicably. The law applicable to the resolution of any disputes arising under these Regulations is Polish law.
4. Each Customer may use out-of-court methods of consideration of complaints and pursuing claims. In this regard, the Customer may use mediation. Lists of permanent mediators and existing mediation centres are provided and made available by the Presidents of the relevant Regional Courts.
5. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented based on the Regulations that were in force on the date the Customer placed the order. Amendments to the Regulations shall come into force seven days from the date of their publication on the Store’s Website. The Seller shall inform the Customer seven days before the entry into force of the new Regulations about the change in the Regulations by means of an electronic mail message containing a link to the text of the amended Regulations. If the Customer does not accept the new Regulations, they are required to notify the Seller of this fact, which shall result in the termination of the agreement in accordance with the provisions of Section 11.
6. The Regulations shall enter into force on 8 November 2022.