TERMS AND CONDITIONS

Terms and Conditions of the CONTROVERSY online store.

I. Definitions.

§ 1

In these Terms and Conditions of the online store www.controversyjeans.pl, hereinafter referred to as the “Terms”, the following expressions shall have the following meanings:

II. General provisions.

§ 2

The Terms set out the rules for the provision of electronic services by the Seller to Customers, consisting of enabling them to conclude, via the Internet, contracts for the sale of goods available in the Store’s assortment at the prices given on the relevant subpages of the Store, after prior registration in the store.

§ 3

The content presented on the Store’s pages, in particular announcements, advertisements, price lists and other information, does not constitute an offer within the meaning of Articles 66 and 66(1) of the Polish Civil Code, but an invitation to submit offers.

§ 4

The prices of goods in the Store’s assortment are expressed in Polish zloty and include VAT. The Seller may modify the Store’s assortment and the prices of goods, and may run and cancel promotional campaigns. Changes do not affect sales contracts for individual goods already concluded with Customers.

§ 5

A purchase in the Store may be made after providing the customer’s complete data and address details when placing an order as part of the Registration process, and in the case of customers who are not consumers, the complete data of the business conducted.

§ 6

1. Using the Store does not require the Customer’s computer or other device to meet any special technical conditions. It is sufficient to have: access to the Internet, an e-mail address, and a standard operating system and web browser.
2. Proper use of the Store, as well as placing an order, requires cookies to be enabled in the web browser. Cookies are used to maintain the Customer’s session after logging in and to maintain the order placement process. They can then be deleted using the appropriate options available in the web browser or by means of other software. Detailed information about cookies is contained in the provisions of the Policy.

IV. Setting up an account.

§ 7

1. A person wishing to conclude an account agreement with the Seller should click the “My Account” tab at the top of the Store, and then the “Create Account” button in the “New Customers” section. The form found there constitutes the Seller’s offer addressed to the future Customer regarding the conclusion of an account agreement.
2. Next, the above form should be completed, providing: first name, surname, e-mail address, address, possibly business details, a password and other information specified there.
3. Adding unlawful content to the form is prohibited.
4. Acceptance of the Terms and the Policy is required to submit the form and complete the registration procedure in the Store.
5. Clicking the “Send” button sends the registration form to the Seller and is tantamount to the person setting up the Account accepting the Seller’s offer referred to in paragraph one of this section. At that moment, an account agreement is concluded between the Seller and the person who completed the registration form.
6. After concluding the agreement in accordance with the paragraph above, the Seller sends the Customer a message confirming the creation of the Account to the e-mail address they provided.
7. If the Customer is a Consumer, they have the right to withdraw from the account agreement, without giving reasons, within 14 days of its conclusion, i.e. from the moment specified in paragraph five of this section. The provisions of § 12(2) and (4) apply accordingly.
8. The Seller recommends that the Customer carefully store their Store login data so that no unauthorised persons gain access to it.
9. After setting up an Account, the Customer is able to: edit their data, place orders, view the status of order fulfilment, and view the history of orders and returns.
10. The account agreement with the Customer is concluded for an indefinite period.
11. The Customer may terminate the account agreement at any time by sending a termination notice to the Seller’s address given at the beginning, by e-mail to the address given at the beginning, or in another form. The account agreement will be terminated with immediate effect.

V. Placing an order.

§ 8

1. The sale of goods takes place on the basis of orders placed by the Customer. The Customer may place an order using an account, after logging in with the password obtained, or without an account, after accepting the Terms and the Policy and providing all data necessary to conclude, handle and perform the sale.
2. Orders may be placed 7 days a week, 24 hours a day, provided that orders are processed within three business days of the final order being placed and other conditions provided for in the Terms being met, in particular those concerning the crediting of the store’s bank account with the appropriate sum resulting from the order in the case of orders not paid cash on delivery. For orders not paid cash on delivery, failure to credit the store’s account with the amount resulting from the order within 24 hours of placing the order results in cancellation of the order.

§ 9

1. In order to conclude a sales contract with the Seller, the Customer – with or without an account – selects goods in the Store by choosing the quantity of a given model, colour and size, and then clicking the “Add to cart” icon next to the given product. Goods in the cart are not yet ordered, and the Customer may add further goods to the cart, remove goods placed there, and also give up making the purchase.
2. After adding goods to the cart, the Customer may change the quantity of goods they wish to buy in the Store by changing the relevant field, as well as remove goods from the cart. The Customer should then click the “Proceed to checkout” button.
3. The purchased goods are delivered only by shipment at the buyer’s expense, unless a discount on delivery costs has been granted, which depends on the store’s current offer.
4. At this stage, the Customer should choose the payment method. The summary will indicate information about delivery and the selected payment method, as well as their cost. The amount to be paid (the order value) will then also be updated by adding to it the fee for the selected payment methods and the delivery amount.
5. After adding to the cart all the goods the Customer wishes to order, and verifying or completing the shipping data, its correctness should be checked. At this stage, the Customer may also add notes to the order. The goods displayed in the summary, together with their quantity and prices, and the selected delivery and payment method together with their cost, constitute the Seller’s offer to the Customer to purchase these goods. At this point, the Customer should indicate whether they wish to receive an invoice documenting the sale being made.
6. The order should then be confirmed by clicking the buy button or an equivalent one. Clicking this button constitutes the Customer’s acceptance of the Seller’s offer referred to in the paragraph above and results in the conclusion of a sales contract between the Customer and the Seller.
7. If the “Prepayment” payment method is selected, after clicking the buy button or an equivalent one the Customer will be redirected to the website of the entity handling online payments. Payment is processed on the basis of the terms and conditions available on the website of the entity handling online payments.

§ 10

1. The methods, costs and delivery times of goods, as well as payment handling, are specified each time when placing an order. The following payment methods are available: various types of online payments, cash on delivery.
2. The Customer may choose from the following delivery methods: InPost parcel locker, Poczta Polska.
3. Detailed information on delivery methods and costs and on payment handling can be found in the “Delivery and payment” tab.
4. The ordered goods are delivered to the Customer in the manner indicated in the order.
5. The costs related to the delivery of goods and payment handling are borne by the Customer.

§ 11

After the order is processed, an electronic invoice documenting the given order, within the meaning of the Act of 11 March 2004 on the tax on goods and services (consolidated text: Journal of Laws 2011, No. 177, item 1054), will be sent to the e-mail address indicated by the Customer.

VI. Returns and complaints.

§ 12

1. If the Customer is a Consumer, or where the Customer is a natural person concluding a sales contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity they conduct, made available under the provisions on the Central Register and Information on Business Activity, then they have the right to withdraw from the sales contract concluded with the Seller, without giving reasons, within 14 days of the day on which the Customer took possession of the goods, or on which a third party other than the carrier and indicated by the Customer took possession of the goods. If the contract covers multiple items delivered separately, this deadline expires after 14 days from the day on which the Customer took possession of the last item, or on which a third party other than the carrier and indicated by the Customer took possession of the last item.
2. To exercise the right of withdrawal, the Customer should inform the Seller of their decision to withdraw from the contract by way of a statement. The so-called “return form” and proof of purchase should be placed in the parcel together with the returned item. Store address: CONTROVERSY. Poland, Łódź, ul. Jaracza 8, 90-268, www.controversyjeans.pl.
3. The above return right cannot be exercised by persons who purchase a given item in connection with their business activity while additionally requesting the issue of a VAT invoice; however, it may be exercised by natural persons concluding a Sale directly related to their business activity, where the content of the contract shows that it was not of a professional nature for them, resulting in particular from the subject of the business activity they conduct, made available under the provisions on the Central Register and Information on Business Activity.
4. The right of withdrawal does not apply if the subject of the service is goods delivered in sealed packaging which, once the packaging has been opened, cannot be returned for health protection or hygiene reasons (traces of cosmetics), if the packaging was opened after delivery.
5. In the event of withdrawal from the contract, the Seller returns to the Customer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest ordinary delivery method offered by the Seller), without undue delay and in any case no later than 14 days from the day of receipt of the Customer’s statement of withdrawal from the contract. The Seller will refund the payment using the same payment methods used by the Customer in the original transaction.
6. The Seller may withhold the refund until the item is received or until proof of its return is provided, whichever occurs first. A Customer sending a return is obliged to keep the proof of return shipment and present it at the store’s request.
7. The Customer should send back or hand over the item to the Seller without undue delay, together with the completed return form with the data, and in any case no later than 14 days from the day on which they informed of their withdrawal from the contract. The deadline is met if the Customer sends the item back before the 14-day period expires.
8. The Customer bears the direct cost of returning the item.
9. The Customer is liable for any diminished value of the item resulting from handling it other than what was necessary to establish the nature, characteristics and functioning of the item.
10. In the event of a lost parcel and non-receipt of the returned goods, the Store will not refund the funds.
11. The Store does not collect shipments sent cash on delivery or via parcel lockers.
12. The address for returns is: CONTROVERSY. Poland, Łódź, ul. Jaracza 8, 90-268.

§ 13

1. The Seller informs that it is obliged to deliver goods free from defects.
2. Immediately after receiving the goods, the Customer is obliged to check them in the presence of the courier and, within 6 hours, to inform the Store by e-mail of any irregularities found that may be attributable to the Store, with the obligation to make and send appropriate photographic documentation, failing which it will be deemed that irregularities described later do not burden the Store.
3. Complaints regarding the provision of electronic services by the Seller or regarding the purchased goods may be submitted in writing to the Seller’s address given at the beginning, or by e-mail to the following e-mail address: biuro@controversyjeans.pl
4. The complaint should include: the order number (or other data allowing it to be identified), the Customer’s contact details enabling a response to the complaint submitted, and a description of the event that is the basis for the complaint.
5. The Seller will respond to complaints within 14 days of the date of their receipt by the Seller.

VII. DISCOUNTS AND PROMOTIONS

§ 14

1. Discounts and promotions cannot be combined in our store.

2. Clothing purchased in the sale section is non-returnable.

§ 16

The Terms are available at the Seller’s registered office and on the website www.controversyjeans.pl/regulamin