Terms & Conditions
Regulations define the rules for shopping at ‘Avantines Clothing’ operating within the Internet domain avantinesclothing.bigcartel.com offered by ‘Avantines Clothing M. Kołodziej, A. Wojtasik, General Partnership’. These Regulations have been based on common law on Polish territory .
Regulations define the rules for shopping at Avantines Clothing and the rules and laws related to customers with all kinds of activities related to performing transactions at online shop at www.avantinesclothing.bigcartel.com. Regulations define laws, obligations and responsibilities of Avantines Clothing M. Kołodziej, A. Wojtasik, general partnership as a manager and runner of Avantines Clothing Shop as well as a supplier of wide range of clothes available within avantinesclothing.bibcartel.com domain. Registration and purchase at Avantines Clothing shop through our website, phone or fax can only be made after confirmation and acceptance of these rules and decisions.
I . DEFINITIONS
E-mail address – marking of ICT system allowing to communicate by means of e-communication.
Personal data – all information concerning identified or possible to identify natural person, processed by Supplier in order to provide Services defined in these Regulations as well as for statistical aims connected with running business by Supplier.
Trade information – every information meant to be directly or indirectly used for promoting Goods, services or Supplier’s image, excluding information making communication by means of ICT with a defined person available as well as information about goods and services not used for achieving trade effect of a desired subject who commissioned its distribution, especially without remuneration or other benefits from producers, sellers and service providers.
Purchaser – a natural person , legal person, organizational unit having legal capacities as well as public institutions and budget units being a purchaser as defined by article 2, item 7 of Act on Rendering Electronic Services, making use of Services offered by Avantines Clothing on the basis of Contract as well as making use of Services offered within Orders made through website, phone or fax.
Appropriate Law – law binding in Poland
Supplier – Avantines Clothing M. Kołodziej, A. Wojtasik , general partnership seated in 53-333 Wrocław, Powstańców Śląskich Str entered into Register of Entrepreneurs of the National Court Register run by District Court for Wrocław – Fabryczna, Economic Department VI of the National Court Register under the number KRS: 0000559204, Identification Number: 8992767825
Domain owner – Big Cartel LLC, by means of which Purchaser makes use of Services offered by Avantines Clothing Shop on the basis of Contract or within Orders.
Regulations – these Regulations of offering Services by Supplier. Regulations are available free of charge at the Internet address: avantinesclothing.bigcartel.com
Terms of Service – defined by the domain Owner available free of charge at the Internet address: bigcartel.com, binding both Purchaser and Supplier, independently of Regulations decisions.
Permanent Customers – Purchasers who have made at least ten Orders within which they paid for a given Good in a proper and adequate way.
ITC System – a set of supporting IT devices and software making data processing and storing as well as sending and receiving them through telecommunication nets by means of appropriate for that kind of net final device as defined by law of July 16, 2004 Telecommunication Law possible ( Law Gazette 2004, no 171, item 1800 with changes).
Means of electronic communication – technical solutions , among them telecommunication devices and programming tools supporting them, making individual communication over a distance by means of data transmission between telecommunication Systems, especially electronic mail possible.
Goods – accessories offered for sale by Avantines Clothing Shop at the Internet address: avantinesclothing.bigcartel.com
Contract – contract on online services concluded between Supplier and Purchaser when accepted by the User of the registration process.
PDPA – act of August 29, 1997 on personal data protection (Law gazette 2002, no 101, item 926 with changes).
Services – activities aiming at selling by Supplier to Purchaser goods available at the Internet Avantines Clothing Shop on the website avantinesclothing.bigcartel.com, e-mail, phone or fax, including Agreement concluding and its realization.
ARES – act of July 18, 2002 on rendering electronic services (Law gazette 2002, no 144, item 1204 with changes).
User – Purchaser who used Avantines Clothing services.
Order – service consisting in making an order for a good at Avantines Clothing Shop.
II. GENERAL ASSUMPTIONS
Laws and responsibilities of Supplier and Purchaser connected with electronic, phone and fax services.
Rules for making Orders for Goods and services available at www. avantinesclothing.bigcartel.com, in an electronic way.
Personal Data Protection rules for people using online services through avantinesclothing.bigcarte.com, in accordance with PDPA.
Supplier offers e-services through avantinesclothing.bigcartel.com.
Purchaser is obliged to obey the rules of the Regulations as soon as they decide to make use of the services offered by Supplier.
Supplier is the owner of copyright laws of all Goods showed on the website avantinesclothing.bigcartel.com.
Photos on avantinesclothing.bigcartel.com are used to demonstrate and show the Goods available in the shop.
Rules of the Regulations complement Terms of Service available on bigcartel.com. In case of possible coming into conflict with these Regulations, they do not exclude nor limit application of rulings of General Terms of Service placed on the owner’s site: bigcartel.com – in that case the rulings of Terms of Service are binding.
III. TERMS OF SERVICE
Technical requirements necessary for interaction with ITC System the Supplier makes use of:
Access to the Internet,
Internet browser enabling displaying HTLM documents on the screen,
Browser accepting email account.
Supplier informs Purchaser of the possibility to note down their IP address in order
to generate statistics and streamline the Service.
Supplier reserves that using the Service may be connected with standard risk resulting from the use of the Internet. Purchaser is advised to undertake appropriate measures in order to minimalize the risk.
Purchaser commits himself to start rendering services connected with the Contract immediately, however, not later than 24 hours from the time of completing the process of founding an account.
IV. ADDITIONAL ARRANGEMENTS
Accepting the Regulations, the User agrees to all conditions included in it and commits to obey them.
A condition to conclude a contract , besides giving data which are discussed in these Regulations, is a consent to choose the Law Applicable for the Contract , that is Polish law.
Giving consent to choose the Law Applicable is voluntary, however, necessary to place an Order and buy Goods.
V. ORDERS AND THEIR EXECUTION
Execution of Purchaser’s Order is possible only in Poland or in a form of delivery from Poland to EU countries.
Current information about the Goods available are on the Internet site of Avantines Clothing Shop: avantinesclothing.bigcartel.com
Information about the Goods are on the Internet site avaninesclothing.bigcartel.com are not an offer as defined by the Civil Code.
Placing an order Purchaser:
chooses ordered Goods,
chooses the way of delivery, the address of delivery and the address VAT invoice is to be made out to,
in case Purchaser is a natural person not running any business activities, it is necessary to give Personal Data such as: name, surname, address, PIN number or any other appropriate for a given EU country, email address,
in case Purchaser is a natural person running business activities, legal person, organizational unit having legal capacities or a public institution or budget unit, it is necessary to give the following data: name, surname, address, email address, phone number, company name and TIN.
Immediately after placing an order Supplier sends Purchaser a message about details of placed order and the way of executing it as well as information about the way of confirming the Order to a given email address or in any other way they agreed on.
After confirming the Order, Supplier sends Purchaser information about receiving the Order by Supplier to a given email address or in any other way they agreed on.
In case of not confirming the Order by Purchaser, Supplier will delete Purchaser’s personal Data.
Purchaser placing an order and confirming it, concludes a sales contract with Supplier.
The Order will be executed under on condition that the ordered Good is available in Supplier’s stock.
Only limited number of Goods is on discount or sales. Orders are fulfilled on a first-come, first-served basis until the end of stock.
Purchaser with the ordered Good gets VAT invoice made out by Supplier.
VI. PRICES OF GOODS
All prices at www.avantinesclothing.bigcartel.com are given in Euro and include VAT. They are binding on the day of purchase; shipping costs are not included in the price.
Supplier reserves the right to change prices of Goods available on www.avantinesclothing.bigcartel.com, launch new Goods into an offer. It also stipulates the right to hold and cancel special offers or introduce changes into them. These rights have no impact on the prices of Goods Ordered before new prices, conditions of special offers or sales are put into effect.
In case of Orders of one Purchaser for goods on regular offer whose total cost (price) equals at least 120,00 euros (in words: one hundred and twenty 00/100), the Supplier covers the shipping cost.
In case of Orders of one Purchaser for goods on regular offer whose total cost (price) equals less than 120,00 euros (in words: one hundred and twenty 00/100), a flat shipping cost of 5-35 EUR (in word five to thirty five 00/100) will be added to it.
VII. TIME OF ORDER EXECUTION
In case the Good is on stock, predicted time of the Order execution is between 7 to 14 working days. The time of the Order execution is the time when Purchaser confirms the Order in accordance with items 5.5 – 5.7 of these regulations and shipment of the Good by Supplier on working days only. In case the payment for the ordered Good is to take place before the Good is given to Purchaser, the execution time is the time between the confirmation of the order by Purchaser in accordance with items 5.5 – 5.7 of these regulations and shipment of the Good by Supplier on working days only, however, not earlier than the Supplier gets the money for the given Order.
In case the Good is not currently on the stock, all shipping costs will be covered by Supplier if the cost of the unavailable Good exceeds 15 EUR (fifteen 00/100). The unavailable Good will be shipped as soon as it is available on the stock. In case the value of the unavailable Good does not exceed 15 EUR (fifteen 00/100), the Order is cancelled. Purchaser will be emailed about it and will be asked to make an Order for the same Good again later on.
In case the Ordered Good is unavailable for longer period than 30 days, Purchaser will be informed about the delay of the Order. Purchaser is entitled to choose the further way of execution after being informed about conditions and possibilities of execution by Supplier. If Purchaser paid for the unavailable Good, Supplier will send the money back to Purchaser within 14 (fourteen) calendar days, counting from the moment Purchaser cancels the whole Order or only part of it.
The Order for Goods of different execution time is sent after completion of the whole Order. The date of the Good shipment equals the longest time of execution of particular Orders.
The Orders are sent to the address denoted by Purchaser by independent carrier companies (e.g. Poczta Polska, other courier companies). There is also possibility to collect Goods in a place denoted by Purchaser.
The declared time of delivery by the courier company in Poland lasts 10 working days. However, Supplier is not responsible for exceeding that time.
Supplier is not responsible for not delivering the Good or its delay resulting from giving the wrong or inaccurate address by Purchaser or other reasons caused by the courier.
As soon as the ordered Good is given to the courier, the risk connected with accidental loss or damage is on Purchaser’s side. Purchaser is obliged to control the delivered Good and its completeness. In case the delivered Good is damaged or incomplete, Purchaser is obliged to draw up, together with the courier, a protocol of loss as well as take photos of it.
These documents will be the basis for warranty responsibility of Supplier or courier.
VIII. PAYMENTS AND OVERPAYMENTS
Purchaser pays for the Ordered Good by means of electronic money transfer to a bank account of Supplier denoted in an email mentioned in item 5.6. of these Regulations.
The dates of payment for the Ordered Good are defined for Purchaser in the following way:
for natural people - prepayment to Supplier’s bank account within 7 days from the date of confirming the Order by Purchaser in accordance with items 5.5 – 5.7 of these Regulations,
for natural people – running business activities, legal people – prepayment to Supplier’s bank account within 7 days from the date of confirming the Order by Purchaser in accordance with items 5.5 – 5.7 of these Regulations,
for Permanent Purchasers – transfer to Supplier’s bank account within 30 days of collecting the Good by Purchaser.
In case of overpayments due to payments for the ordered Goods, Supplier transfers the money to the bank account Purchaser used to pay for the Good after Purchaser has submitted a motion to return the overpayment immediately, no later than 14 days from getting the motion from Purchaser.
IX. COMPLAINTS
All Goods available at Avantines Clothing Shop are legal and authentic.
Supplier is responsible for inconsistency of Goods with the conditions defined in an act of May 30th, 2014 on customer’s laws (Law gazette 2014, article 827) and in an act of April 23th, 1964 - Civil Code (Law gazette 1964, article 93 with changes).
Supplier is responsible on account of warranty in accordance with the rules defined in an act of April 23rd 1964 – Civil Code (Law gazette 1964, no 16, article 93 with changes).
For Purchasers who are not customers the warranty period is 1 year since the date of concluding the contract for a given Good.
If Purchaser, after receiving the Good, notices any manufacturing defects, they can exercise the right to the warranty of the Good.
In case of making a complaint Purchaser should send the Good back by Post Office or courier to Supplier’s address. Purchaser should also attach the invoice and description of defects of the purchased Goods. Supplier does not accept cash on delivery nor freight forward Goods.
Purchaser sending faulty goods to Supplier is obliged to attach a statement with the following data: name and surname of Purchaser or name of the company, accurate home address or seat address and email address, the date of purchase, the name of Good, the price, detailed description and circumstances of the resultant damage or defect and Purchaser’s requests. Making a complaint Purchaser is also obliged to attach the receipt, especially original or copy of the receipt or VAT invoice.
Complaints are investigated by Supplier within 14 days from the date of receiving the parcel with the Good.
If the complaint is admitted by Supplier , the damaged Good will be repaired or replaced into another one. If it is not possible the Supplier will return the equivalent of the price of the Good or offers other goods available at Avantines Clothing Shop.
Purchaser gets the shipping costs back as soon as the complaint is admitted .
Supplier is responsible only for faults and defects of the Good if they are discovered within the warranty period.
The warranty does not cover in particular:
damages resulting from repairs carried out by other people than the Supplier or someone authorized to do it,
damages caused by external factors (lightning discharge, faulty functioning of electricity gas, sewage or energy supply system),
damages resulting from the Good maintenance different from those advised by the Supplier,
Unintentional, by the Good producer, change of colours resulting from applique designs and materials used to make the Good, in particular differences in texture where small differences are not the defect of the product but they result from specification of given materials and natural properties and faults of materials (it also refers to differences caused by various dates of production).
In the event of any breach of any of the terms and conditions the complaint cannot be admitted.
X. WITHDRAWAL FROM THE CONTRACT
Purchaser is entitled to withdraw from the contract in writing within 14 days from getting the Good for no apparent reason on condition that the ordered Good is returned. If Purchaser wants to withdraw from the contract, he/she is obliged to contact Customer Service Department of the Supplier in order to agree on the date and place of collection of the Good by Supplier. Purchaser incurs the shipping costs. If Purchaser has already paid for the Good, Supplier will send the money back reduced by the cost of the Good collection from Purchaser within 14 (fourteen) calendar days to the bank account denoted in the withdrawal statement.
Withdrawal from the contract is possible if the Good has not been used nor damaged. It must be complete.
The Supplier does not accept cash on delivery nor freight forward deliveries.
XI. PROTECTION OF PERSONAL DATA (PRIVACY POLICY)
Supplier is the administrator of personal data of Purchasers.
Range of processed personal data is as follows: name, surname, home/seat address, email address, company name, TIN, PIN.
Supplier can also process service data within IP address for statistics or streamlining the Service.
Supplier on the basis of PDPA in relation to ARES is entitled to process Personal Data of the Purchaser in order to use the Service and execution of the Order in accordance with the Regulation of Service settlement (bookkeeping), complaint investigation, claims by virtue of payment for using the Service and also archiving reasons.
Placing an Order, Purchaser gives consent to process and use his/her personal data in order to execute the Order, in particular to give personal data to a courier in order to execute chosen , by Purchaser, way of shipment.
Supplier ensures security of Purchaser’s Personal Data.
Moreover, Supplier ensures technical measures preventing not entitled people from obtaining and modifying Personal Data sent electronically.
Supplier ensures total security of Purchaser’s Personal Data from the the third parties and their disclosure with a reservation that in particular situations disclosing of data can be demanded by the law.
Purchaser has right to inspect, correct or demand to stop using his/her Personal Data.
Giving personal data is voluntary, however, necessary to place an Order and purchase Goods.
Email address can be used by Supplier to send trade information via email only after giving consent by Purchaser. Purchaser can withdraw his/her consent at any moment giving no reason.
XII. FINAL DECISIONS
These Regulations come into effect on 30.06.2015
Binding Regulations are available for Purchaser at avantingclothing.bigcartel.com
Supplier reserves the right to unilateral change of Regulation rulings without justifying the reasons to Purchaser, with restriction of item 4.
Supplier is obliged to inform Purchaser about accomplished changes in the Regulations placing it on the Internet site at the address avantinesclothing.bigcartel.com and informing Purchaser directly emailing him/her at a given by him/her email address.
Changes in the Regulations come into effect 7 days after being placed on the Internet site of avantinesclothing.bigcartel.com.
Order placed before changes in the Regulations come into effect, in accordance with item 6 are executed in compliance with the Regulations binding on the day of placing the order.
In case defined in item 4, Purchaser has right to terminate the Contract immediately after getting information about changes in the Regulations. Purchaser is obliged to email Supplier about it. Not doing it means Purchaser has accepted changes in the Regulations.
All disputes resulting from Regulations and Contract will be adjudicated by the court of general jurisdiction of the Republic of Poland.
Cases not regulated in these Regulations are subject to articles and laws of Civil code, PDPA, ARES and other legal articles.