Terms and Conditions
§1 GENERAL PROVISIONS
- These regulations define the rules for making purchases in the Anna Otton online store – https://annaotton.com from Anna Otton Anna Zielińska, Gandalfa 1/16, 02-673 Warsaw, Poland, NIP: 521-393-12-39.
- The terms used in the regulations mean:
- Customer – a natural person (with full legal capacity) or a legal person who made or intends to make a purchase in the Anna Otton online store.
- Seller – Anna Otton Anna Zielińska, Gandalfa 1/16, 02-673 Warsaw, NIP: 521-393-12-39.
- Store – an online store maintained by the Seller in the domain https://annaotton.com.
- Consumer – pursuant to the Act of 23 April 1964 Civil Code – User who, as a natural person, performs a legal act not directly related to his business or professional activity.
- User Account – an account in the Store, assigned to a given Customer, containing the data provided during registration,
- Regulations – this document with all attachments.
- The store offers retail clothing and fashion accessories via the Internet.
The above products are available through the Store in the form of ready-made products.
- Detailed information about the products can be found on the website https://annaotton.com, as well as by e-mail at the Seller’s e-mail address.
- The Customer may contact the Seller by post to the address indicated in point 2 b and by e- mail to the following e- mail address: email@example.com.
§2 CONDITIONS OF USING THE SERVICE
- To be able to place an order through the Store, the Customer must meet the following technical requirements:
- have a computer, laptop or other device with Internet access,
- have access to e-mail,
- use a web browser (it is recommended to use the latest version),
- use the minimum screen resolution of 1024×768,
- enable the option of saving cookies in the browser.
- The online store provides electronic services in the form of:
- account registration and maintenance of the User Account,
- order form,
- contact form.
- For the provision of the above-mentioned The Store does not charge any fees.
- The above services are provided for an indefinite period. The customer may at any time, without giving a reason, resign from a given service by sending an appropriate e-mail to the Seller’s e-mail address. The customer may withdraw from the contract for the provision of each service without giving any reason within 14 days from the date of placing the order in the manner specified above.
§3 CONCLUDING CONTRACTS
- The contract is concluded between the Seller and the Customer.
- All prices listed on the Store’s website are gross prices (including VAT) specified in Polish zlotys or Euro. Product prices do not include shipping costs.
- If it concerns a given product, the Seller shall exercise due diligence to ensure that the photos of the products reflect their color, nature, texture and condition. The colors of the products in the photos, in relation to different resolution, calibration and brightness of the Buyer’s computer screen on which the photos are displayed or the use of flash, may differ slightly from the reality. For this purpose, the store publishes, in addition to the photo, a description of the product and its color. If in doubt, please contact the Seller in advance.
- Orders may be placed via the Store’s website using the Order Form (without registration) or using the User Account. The seller does not sell by phone or via e-mail.
- To make a purchase, the Customer selects the products he is interested in in the Store by clicking the appropriate button. After selecting products, the customer goes to the tab where he defines the method of delivery of products and payment for them.
- Then the customer clicks the “Order and pay” button, which redirects the customer to the page containing information about the order. This information includes, among others: determining the main features of the ordered goods, indicating the total price including taxes and delivery charges, presenting the Customer’s data provided in the order form.
- In order to place an order, the customer is obliged to confirm the order by clicking the “Order and pay” button under the order summary.
- Clicking the “Order and pay” button is tantamount to declaring the Customer’s knowledge of placing an order entailing the obligation to pay.
- The contract of sale is concluded when the Customer confirms the order, which is when the “Order and pay” button is clicked.
- After placing the order by the Customer, the Seller sends an e-mail confirming that the order has been placed for execution, together with data on its implementation, which include, among others: defining the main features of the ordered goods, order completion date, indication of the total price including taxes and fees for delivery, presentation of the Customer’s personal data provided in the order form.
- Consolidation, protection and sharing of the content of the concluded contract takes place by:
- making these regulations available on the Store’s website,
- reservation of the content of the contract in the Store’s IT system.
- The Seller reserves the right to refuse to execute the order under the sales contract if the Customer’s contact details are incorrect.
§4 DATES AND METHODS OF PAYMENT
- The website offers the following payment methods for the order:
- by bank transfer to the Seller’s bank account (prepayment),
- through an external payment provider (prepayment).
- The customer is obliged to make the payment within 3 working days from the date of purchase.
- If there is a need to return funds for a transaction made by the customer, the Seller shall refund to the same payment instrument with which the customer made the payment.
§5 DELIVERY METHODS AND COSTS
- The Customer bears the costs of delivery of the ordered products to the destination.
- Products are delivered to the address indicated all over the world. Fees for the delivery of products are given in the panel and in the e-mail confirming the acceptance of the order.
- The Seller delivers products by courier.
- The order fulfillment time is up to 7 business days from the receipt of the payment for the ordered goods on the Seller’s account (or, in the case of payment by credit card, from the moment of obtaining a positive payment authorization).
§6 RIGHT TO WITHDRAW FROM THE AGREEMENT
- The Customer has the right to withdraw from the contract concluded with the Seller within 14 days from the date of receipt of the shipment or personal collection of the goods, without giving any reason.
- The declaration of withdrawal from the contract may be submitted by the Customer using the return form at the end of the regulations. The Customer is obliged to attach the completed form to the inside of the package along with the returned product.
- The Customer bears the direct costs of returning the purchased products.
- The Seller reserves the right to refuse to accept the products returned by the Customer in the following cases, which would occur due to the Customer’s fault:
- product with a torn tag,
- clear signs of usage of the product, such as dirt or damage.
- The seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer’s statement on withdrawal from the contract, return to the consumer all payments made by him, including the cost of product delivery (excluding additional costs resulting from the method of delivery chosen by the customer other than the cheapest standard delivery method provided by the Store). The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the consumer has expressly agreed to a different method of payment refund.
- The Seller may withhold the reimbursement of payments received from the Consumer until the Product is returned.
§7 PRODUCT COMPLAINT (WARRANTY FOR DEFECTS)
- The Seller is obliged to deliver products free from physical and legal defects.
- The Seller’s liability for physical or legal defects shall expire two years after the product is released. Before the above deadline, the consumer may notify the Seller about the defect by sending an appropriate e-mail to the following address: firstname.lastname@example.org.
- The consumer is not bound by the above-mentioned methods of submitting complaints. He may submit a complaint in any way provided that a durable medium is used.
- The complaint should include:
- name and surname or company of the buyer,
- address of residence / registered office for correspondence,
- attached proof of purchase of the product (e.g. receipt, invoice, bank transfer etc.),
- precise marking of the claimed goods,
- indication of the defect describing the non-compliance of the goods with the contract and the date of its occurrence,
- the claimant’s request (withdrawal from the contract, price reduction, product replacement, removal of the defect),
- the date of filing and the signature of the person submitting the complaint.
- The Seller confirms the impact of the complaint and calls on the consumer to immediately deliver the defective product to the Seller in order to respond to the complaint.
- If the complaint is not accepted, the goods will be sent back together with the opinion as to the unjustified nature of the complaint.
- If the Seller does not respond to the Consumer’s complaint within 14 calendar days from the date of delivery of the complaint, it is assumed that he has accepted the consumer’s complaint and his request.
§8 EXTRAJUDICIAL METHODS OF RESOLUTION OF DISPUTES
- In order to resolve a dispute arising in connection with making purchases in the Store, the consumer has the option of using the assistance of the following institutions before bringing a case in a common court:
- to use a permanent consumer arbitration court, referred to in the Act of December 15, 2000 on the Trade Inspection by submitting an application for settlement of a dispute arising from the sales contract,
- applying to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings in order to amicably resolve the dispute,
- asking for help from the poviat or municipal consumer ombudsman or a social organization whose purpose is to protect consumer rights.
- Detailed information on the possibilities for consumers to use out-of-court dispute resolution and the availability of procedures are available at the offices and on the websites of institutions such as the Trade Inspection, poviat (municipal) consumer ombudsmen, social organizations dealing with the protection of consumer rights, as well as the Office of Protection Competition and Consumers.
- At the address http://ec.europa.eu/consumers/odr, there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services.
§9 FINAL PROVISIONS
- The Seller reserves the right to amend these Regulations due to changes in the provisions of applicable law or changes in the manner of concluding and performing contracts. These changes will not affect the placed, implemented or performed orders and contracts.
- In matters not covered by these Regulations, the provisions of generally applicable law shall apply, in particular the Act of 23 April 1964 Civil Code and the Act of 30 May 2014 on consumer rights. The law applicable to the sales contract is Polish law, unless the law applicable to the consumer’s place of residence regulates his rights in a way that is more favorable to the consumer.
- The Regulations are valid from 02/04/2022.