Terms & Conditions

ONLINE STORE TERMS AND CONDITIONS

iguanatrend.com

        The online store available at the website iguanatrend.com is run by Gabriela Wełniak, running a business under the name IGUANATREND Gabriela Wełniak, entered into the Central Register and Information on Economic Activity, having the address of the main place of business and delivery address: ul.  Agrestowa 2, 43-384 Jaworze, NIP: 9371087448, REGON: 070450697, e-mail address: biuro@iguanatrend.pl, telephone number: +48 660 458 318, hereinafter referred to as the Seller.

       The online store terms and conditions available at iguanatrend.com define the terms and conditions of using the Online Store and the manner of providing services by the Seller electronically, concluding sales contracts via the Online Store, including, inter alia, the rights and obligations of the Seller and the Customer, the right and procedure for withdrawing from the contract and the complaint procedure.

       The data controller of personal data processed in connection with the implementation of the provisions of the Terms and Conditions is the Seller. Personal data is processed for purposes, to the extent and based on the principles set out in the Privacy Policy published on the website of the online store iguanatrend.com. Providing of personal data is voluntary. Each person whose personal data is processed by the Seller has, inter alia, the right to inspect its content and the right to update and correct it.

       The Customer may not waive his rights granted to him in the Act of 30 May 2014 on consumer rights (Journal of Laws, item 827, as amended). The provisions of the Terms and Conditions less  favorable to the Customer than the provisions of the Act are invalid and the provisions of the Act shall prevail. The provisions of the Terms and Conditions do not exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any arising doubts  should always be explained in favor of the customer. In the event of a possible non-compliance of the provisions of the Terms and Conditions with the above-mentioned rules,  these rules will prevail.

 

Contents:

§ 1 Definitions

§ 2 General provisions 

§ 3 Electronically supplied Services 

§ 4 Sales contract

§ 5 Order processing and delivery

§ 6 Payment methods

§ 7 Warranty and complaints

§ 8 The right to withdraw from the contract

§ 9 Out-of-court dispute resolution 

§ 10 Entrepreneurs

§ 11 Final provisions

 

Appendix No. 1 Withdrawal form template

Appendix No. 2 Notice of withdrawal from the Contract

 

§ 1

Definitions

  1. Business day - one day from Monday to Friday, excluding public holidays.
  2. Contact form - an interactive form enabling Customers to contact the Seller.
  3. Registration form - an interactive form available in the Online Store that allows you to create 

     a Customer Account.

  1. Order form - an interactive form available in the Online Store that allows placing an Order, in 

     particular by adding the Goods to the electronic cart and defining the terms of the Contract for

     the sale of the Goods with the Seller.

  1. Client:
  2. a) a natural person with full legal capacity, and in cases under generally applicable law, also a natural person with limited legal capacity,
  3. b) legal person,
  4. c) an organizational unit without legal personality, but  having  a legal capacity under the law, - which has concluded or intends to conclude a Sales Contract with the Seller, and which uses or intends to use the Service or Electronic Service.
  5. Civil Code - the Act of April 23, 1964, the Civil Code (Journal of Laws No. 16, item 93, as amended), hereinafter also referred to as the Civil Code.
  6. Customer - a natural person who performs a legal transaction with the entrepreneur not related directly to its business or professional activity.
  7. Customer  Account - Electronic Service, having its  individual name (login) and password provided by the Customer, a set of data in the Seller's ICT system, which collects data provided by the Customer, including contact information and the history of Orders placed in the Online Store.
  8. Entrepreneur - a natural person, legal person or organizational unit that is not a legal person, having legal capacity, conducting business or professional activity on its own behalf.
  9. Terms and Conditions - Terms and Conditions of the Online Store available at the website 

        iguanatrend.com. 

  1.   Online Store - the Seller's online store available at the website iguanatrend.com. 
  2. Seller - Gabriela Wełniak, running a business under the name IGUANATREND Gabriela  

       Wełniak, entered in the Central Register and Information on Economic Activity, having the 

       address of the main place of business and address for service: ul. Agrestowa 2, 43-384 

       Jaworze, NIP: 9371087448, REGON: 070450697, e-mail address: biuro@iguanatrend.pl,

        telephone number: +48 660 458 318.

  1. Goods - movable items available in the Online Store which are the subject of the Sales 

       Contract concluded between the Customer and the Seller.

  1. Sales contract - a contract for the sale of the Goods concluded or concluded remotely between the Customer and the Seller via the Online Store.
  2. Distance contract - a contract concluded between the Seller and the Customer  as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the  date  of  conclusion of the contract.
  3. Service - a service offered on the Store's website, intended for sale, in particular cutting and sewing courses.
  4. Electronic service -  electronically supplied service  by the Seller to the Customer via the  Online Store.
  5. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws, item  827, as amended), hereinafter referred to as the Consumer Rights Act.
  6. Order - the Customer's declaration of intent submitted via the Online Store, using the Order Form, aimed at concluding the Contract for the sale of the Good / Service with the Seller, specifying in particular its terms, as well as the type and quantity of the Good / Service, method and cost of delivery, form of payment and Customer data necessary to perform the contract.

§ 2

General provisions

  1.   The Terms and Conditions are l available on the website iguanatrend.com, in a way that allows each user to obtain, reproduce and record its content by printing or saving on a carrier at any time.
  2.   The Terms and Conditions are for both Customers and entrepreneurs using the Online Store (unless a given provision clearly indicates that it applies only to Clients who are Customers), and the provisions of § 10 of the Terms and Conditions apply only to entrepreneurs using the Online Store ( i.e. performing legal actions directly related to their business or professional activity).
  3.   The data controller of personal data processed in connection with the implementation of the provisions of the Terms and Conditions is the Seller. Personal data is processed for the purposes, to the extent and based on the principles set out in the Privacy Policy published on the Online Store website iguanatrend.com. 
  4.   The Seller declares that it complies with all the rules for the protection of personal data of Customers under the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws No. 133, item 883, as amended).
  5.   Providing personal data is voluntary. Each person whose personal data is processed by the Seller has the right to inspect its content and the right to update and correct it.
  6.   The Customer agrees to the collection, storage and processing of personal data by the Seller for purposes directly related to the implementation of the service or product ordered in the Online Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the Privacy Policy of the Online Store.
  7.   The Customer is obliged to use the Online Store and the services offered by the Seller in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Terms and Conditions, the principles of social coexistence, bearing in mind the respect for personal rights as well as copyrights and intellectual property of the Seller and third parties. It is forbidden for the user or the customer to provide illegal content.
  8.   The purchase of the Goods may only be made by the Customer who has its place of residence or  having its registered office in the territory of the Republic of Poland.
  9.   All information about the Goods and Services provided by the Seller via the Online Store (including descriptions, prices) provided on the Store's website iguanatrend.com, do not constitute an offer within the meaning of Art. 66 of the Civil Code, but the invitation to conclude a contract specified in Art. 71 of the Civil Code
  10. Using the Online Store iguanatrend.com means any activity of the Customer which leads to the Customer becoming familiar with all the content posted on the website of the Online Store.
  11. The Online Store has the right to organize occasional contests and promotions, the terms of which will be provided each time on the Store's website iguanatrend.com 
  12. Promotions of the Goods organized via the Online Store cannot be combined, unless the terms and conditions of a given promotion state otherwise.

§ 3

Electronically supplied Services 

 

  1. The Seller provides the following free Services via the Online Store: Contact form, Order form, Account.
  2. Use of all Services available in the Online Store (conclusion of a contract for the provision of electronic services) is voluntary and free of charge.

3.Using the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:

  1. a) a computer, laptop or other multimedia device with Internet access,
  2. b) access to e-mail,
  3. c) a web browser that supports cookies,
  4. d) enabling Javascript in the web browser.
  5. The Customer pays fees related to access to the Internet and data transmission in accordance with the tariff of its Internet service provider.
  6. The services indicated in sec. 1 above are provided by the Seller 7 days a week, 24 hours a day. Messages about possible interruptions in the provision of Services will be made available on the website of the Online Store iguanatrend.com. 
  7. The contract for the provision of the Service which is the  viewing the information posted on the Store's website is concluded for a definite period of time and ends when the Customer closes the Store's website iguanatrend.com. 

7.The Customer is obliged to enter data in accordance with the facts.

  1. The "Account" service (available in the "Log in" or "Register" tab and at the stage of filling in the Order Form):
  2. a) Using the Account is possible after finishing two steps: filling in the Registration Form (including  the e-mail address), and then clicking the "Register" box,
  3. b) Filling in the Registration Form  means entering the data indicated in the displayed message frame  by the Customer, including: first name and surname, address: street, house / flat number, zip code, city, telephone number, e-mail address, a password having the minimum number of characters indicated in the displayed message frame. These data will be used to place Orders in the Store under  the Order Form.
  4. c) The condition of registration and opening an Account is the acceptance  of  the content of the Terms and Conditions and the Privacy Policy by the User or the Customer and the provision of personal data specified in the Registration Form.
  5. d) The  contract on  electronically supplied services  in the form  of  a Customer Account as part of the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to delete the Account to the e-mail address of the Online Store (biuro@iguanatrend.pl) or in writing to the address of the registered office of the Seller.
  6. `Contact form` service:
  7. a) The contract for the provision of electronic services that allows Customers to contact the Seller via an interactive form is concluded for a definite period of time when you start to fill in  it and it is terminated when the Seller replies the Customer.
  8. b) Using the Contact Form  is possible after clicking the `Contact Form` tab, providing a valid e-mail address, filling in at least the `Content` box and clicking the `Send` button.
  9. `Order Form` service:
  10. a) The contract on the electronically supplied Services that allows Customers to place an Order via an interactive form is concluded for a definite period when the Customer adds the first Good / Service to the electronic cart in the Online Store and is terminated when the Order Form is not completed or when the completed Order Form is sent to the  Seller and placing the Order by the Customer (by clicking the `I confirm the purchase` button).
  11. b) The process of filling in the Order Form enables each Customer  to read it before making a decision to conclude the Contract or to amend the Contract.
  12. c) Placing an Order takes place after the Customer finishes the following steps: after completing the Order Form and clicking the `I confirm purchase` button on the Online Store website - until you click the `I confirm purchase` button, you can modify the entered data  (following the prompts displayed on the website of the Online Store).
  13. d) The Customer must put  the following data in the Order Form: first  name and surname, address (street, house number, apartment number, zip code, city, country), e-mail address, telephone number and data regarding the concluded Sales Contract: Goods / Service, quantity, place and method of delivery of the Goods / place and method of providing the Service, method of payment for the Goods / Service.
  14. The complaint procedure:
  15. a) The Customer, in the event of non-performance or improper performance of the Service provided electronically by the Seller, is entitled to submit a complaint under the Terms and Conditions.
  16. b) Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Store (excluding the complaint procedure for the Goods, which is described in § 7 of the Terms and Conditions), the Customer may submit in particular: in writing to the following address: ul. Agrestowa 2, 43-384 Jaworze, via e-mail to the Seller's e-mail address: biuro@iguanatrend.pl, 
  17. c) it is recommended to  provide the following information in the complaint (which will be helpful for the Seller during  investigation of  the complaint and may speed up this  process): circumstances regarding the subject of the complaint and the appearance of any defects, e.g. the type and date of the defect,  the Customer's request concerning defect, contact details of the person submitting the complaint / Customer. These recommendations are not mandatory and do not affect the effectiveness of considering a given complaint.
  18. d) the Seller must express its standpoint   on a given complaint immediately, but not later than within 14 calendar days from the date of its submission.
  19. The right to withdraw from the contract concerning  the  provision of services by electronic means is granted to the Client who is a Customer on the terms  set out the Terms and Conditions.
  20. The Customer who is provided  the Account service for indefinite period of time, has the right to terminate the contract concerning the service without giving any reason, with immediate effect. The exercise of this right will take place after sending a written notice of termination of the contract concerning the provision of electronic services by post  or via e-mail.
  21. In the event of a breach by the Customer of the provisions of the Terms and Conditions, the Seller reserves the right to terminate the contract on Electronic Services provided  for indefinite period of time  by giving 14. days prior written notice.

§ 4

Sales Contract

  1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store.
  2. The condition for placing an Order is  an active e-mail.
  3. The procedure for concluding a Sales Contract in the Online Store using the Order Form is as follows:
  4. a) selecting the Good / Service following technical steps based on the messages and other information displayed on the website (in particular, the choice  of goods or services takes place by clicking the `Add to basket` button),
  5. b) filling in the relevant data indicated in the Order Form (especially the data necessary for the performance of the contract): first name, surname, e-mail address, telephone number, delivery address (street, house number, apartment number, zip code, city, as well as the method of delivery and payment method)
  6. c) after provision  of   all the necessary data by the Customer, a summary of the placed Order will be displayed (the summary contains information on the description of the Goods / Service ordered, the unit price and the total price of the Goods / Services ordered, including taxes and other fees, delivery costs and other costs, if any,  delivery method,  payment method, customer data),
  7. d) placing an Order is possible after providing the necessary personal data, accepting the content of the Terms and Conditions (by checking the appropriate checkbox), confirming that you have read the provisions on withdrawing from the contract (by checking the appropriate checkbox) and clicking the `I confirm purchase` button.
  8. The Seller enables the Customer to set up a Customer Account via the Registration Form. Registration  is one-time, voluntary and free of charge. The data provided during the Account registration will be used to process all Orders.
  9. Immediately after receiving the Order, the Seller shall send an e-mail to the Customer's e-mail address provided during the Order  procedure, the statement  on acceptance of the Order which is also its confirmation. Upon receipt of the above message by the Customer, a Sales Contract is concluded between the Customer and the Seller.
  10. The message summarizing and confirming the Order contains all the previously agreed terms of the Sales Contract, in particular the quantity and type of the Goods / Service, the total price, including  delivery costs and the amount of discounts granted (if applicable to a given Order).
  11. Saving, security, disclosure and confirmation to the Customer of the content of the concluded Sales Contract (its essential provisions) takes place by making the Terms and Conditions available on the Online Store website and sending the Customer to its  the e-mail address, the message referred to in sec. 4 above. The content of the concluded Sales Contract is additionally saved and secured in the IT system of the Seller's Online Store. 
  12. A Customer who has set up an Account has the option to check the status of the Order after logging in.  

§ 5

Order processing and delivery

  1. The delivery of the Goods is available on the territory of the Republic of Poland and takes place at the address indicated by the Customer during the Order procedure.
  2. Services provided by the Seller, such as cutting and sewing courses, are provided at the place of the Seller's main business activity.
  3. The delivery of the Goods to the Customer is payable, unless the Sales Contract provides otherwise. The costs of delivery of the Goods (in particular, charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's website when placing the Order, in particular when the Customer expresses its will to accept the Sales Contract and in the information tab on delivery costs (tab `Delivery costs` and  `Order performance time`).
  4. Personal collection of the Goods by the Customer at the Seller's premises is free of charge.
  5. The Seller ensures the Customer  the following methods of delivery or collection of the Goods:
  6. a) Personal collection ul. Agrestowa 2, 43-384 Jaworze (personal collection is possible on business days from Monday to Friday, information about the exact date and time of collection will be sent by e-mail to the e-mail address provided by the customer).
  7. b) Courier delivery,
  8. c) Cash courier on delivery,
  9. d) InPost parcel lockers.
  10. The date of delivery of the Goods to the Customer is from 3 to 10 business days, unless a shorter deadline is specified in the description of the Goods or during placing the Order or if the date has been individually agreed with the Customer. In the case of Goods with different delivery times, the delivery date is the longest indicated date, but not longer than 7 business days. The beginning of the period of delivery of the Goods to the Customer is counted as follows: if the Customer chooses the method of payment by bank transfer, electronic payment or using a payment card - from the date of crediting the Seller's bank account or settlement account, and if the Customer selects the method of payment on delivery - from the date of the conclusion of the Sales Contract.
  11. The delivery time  directly depends  on the choice of the delivery method  by the Customer when placing the Order. 
  12. The exact date of delivery of the Goods if personally collected,  not longer than 7 business days, will be agreed with the Customer individually, and then confirmed by the Seller via a message sent to the Customer's e-mail address. The Customer will be additionally informed by the Seller about the readiness of the Goods for collection.
  13. In the event of exceptional circumstances or if the Seller is not able to perform  the order within the indicated period, the Seller will immediately contact the Customer in order to determine the further procedure, including setting a different date for the contract or changing the delivery method.
  14. During filling in the Order Form and in the e-mail confirming the Order, the Customer is informed about the costs of the chosen method of delivery of the Goods.
  15. The Customer is entitled to cancel or amend the Order, but no later than until the Seller sends a message confirming the acceptance of the Order, by contacting the Seller by phone or e-mail. Cancellation or change after the expiry of the deadline is possible if agreed with the Seller.
  16. After receiving the parcel, the Customer or a third party authorized by it should, if possible, carefully check the condition of the packaging (e.g. whether it is not damaged, there has been no defects made by an unauthorized person, whether the content of the packaging is intact). In the event of damage or other faults, the Customer should, if possible, in the presence of the courier, draw up a damage report and notify the Seller of this fact. If the Goods are probably damaged (e.g. the packaging is damaged), the Seller asks the Customer not to accept the parcel. The recommendations mentioned above do not in any way exclude or limit the Customer's rights to submit a complaint under provisions of the Terms and Conditions. The above-described recommended behavior of the Customer is only intended to help the Seller in determining the causes and liability for the damage. If a damage report is not prepared the Customer has still right to complain about  damage  of the parcel. The complaint submission procedure remains the same, regardless of the application or non-application of the above recommendations.

§ 6

Payment methods

  1. The Seller ensures the following payment methods:
  2. a) electronic and payment card payments - payments made via the Dotpay S.A. electronic payment system, ul. Wielicka 72, 30-552 Kraków - the current possible payment methods are available on the website https://www.dotpay.pl/metody-platnosci/, via the tpay payment system belonging to the company: Krajowy Integrator Płatności S.A. ul. Św. Marcin 73/6 61-808 Poznań - the current possible payment methods are available on the website http://www.tpay.com/dla-biznesu/metody-platnosci, as well as via Blue Media S.A., ul. Powstańców Warszawy 6, 81-718 Sopot - the current possible payment methods are available on the website http://www.bluemedia.pl/, 
  3. b) traditional transfer to the Seller's bank account kept by ING Bank Śląski S.A., bank account number: 42 1050 1070 1000 0091 4541 0586,
  4. c) cash on delivery,,
  5. d) in installments via mBank: details of installment payments are available on the mBank website, and the legal note is displayed when completing the Order Form at the stage of selecting payment methods (for more information, see the `Purchase in installments` tab and at the link: https://ssl.dotpay.pl/erata/mbank/kalkulator). 

2.If the Customer selects payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the date of receipt of the message confirming the acceptance of the order by the Seller, including the total cost of the order together with delivery (cost from the date of conclusion of  the Contract Sales).

  1. If the Customer chooses cash on delivery, the Customer is obliged to make the payment upon delivery.
  2. After selecting the payment method specified in the Terms and Conditions, the Order will be posted after the payment is credited to the Seller's bank account.
  3. The Seller documents the sale of the Goods with a receipt and, at the Customer's request, issues an  invoice. The proof of purchase is delivered to the Customer together with the Goods.

§ 7

Warranty and complaints

  1. The seller is liable to the buyer if the goods sold has a physical or legal defect. The basis and scope of the Seller's liability to the Customer, in a situation where the sold Goods have a physical or legal defect, have been established under generally applicable law, including those specified in the Civil Code. (in particular in Articles 556-576 of the Civil Code).
  2. The Seller is obliged to deliver Goods without defects to the Customer.
  3. The Seller is liable to the Customer under the warranty for physical defects (a physical defect is  a non-compliance of the good sold with the contract) and for legal defects.
  4. A complaint may be submitted, for example, in writing to the address of the Seller's registered office: ul. Agrestowa 2, 43-384 Jaworze or by e-mail to its e-mail address: biuro@iguanatrend.pl. 
  5. The Seller will respond to the Customer's complaint immediately, but not later than within 14 calendar days from the date of submission of the complaint. Failure to respond to the Seller within the above-mentioned period means that the Seller considered that the Customer `s  complaint is justified.
  6. It is recommended to include the following information in the complaint (which will be helpful for the Seller during investigation of the complaint and may speed up the whole  process): circumstances regarding the subject of the complaint - the Goods and the appearance of any defects, e.g. the type and date of the defect, the Customer`s request concerning defects (requests for a method of restoring compliance with the Sales Contract or request to reduce the price or withdrawal from the Sales Contract), contact details of the person submitting the complaint / Customer. The recommendations provided are not mandatory and do not affect the effectiveness of investigation of a given complaint.
  7. The Customer who exercises the rights under the warranty should, at the expense of the Seller, deliver the defective Goods to the address of the Seller's registered office: ul. Agrestowa 2, 43-384 Jaworze. If, for example, due to the type of Goods, its delivery by the Customer would be very difficult, the Customer is obliged to make the Goods available to the Seller at the place where the Goods are stored.

§ 8

The right to withdraw from the contract

  1. Pursuant to Art. 27 of the Act on consumer rights, the Client who is a Customer has the right to withdraw from the Contract concluded remotely without giving a reason.
  2. The right to withdraw from the contract is in effect  for 15 calendar days from the moment the Customer or a third party designated by the Customer, other than the carrier, accepted the Goods.
  3. In order to exercise the statutory right to withdraw from the contract, the Customer submits to the Seller an unequivocal declaration of will, sending it to the address of the registered office: ul. Agrestowa 2, 43-384 Jaworze or the Seller's e-mail address: biuro@iguanatrend.pl. 
  4. The Customer may use the form - Declaration of withdrawal from the contract, included in  Appendix No. 1 to the Terms and Conditions. The use of the form proposed by the Seller is not mandatory and does not affect the exercise of the Customer's right to withdraw from the Contract.
  5. To meet the deadline specified in sec. 2, it is enough to send a declaration of withdrawal from the contract by e-mail or to the address of the Seller before its expiry.
  6. The Customer who has  delivered the declaration of withdrawal from the contract by e-mail, will be immediately informed about the acceptance of the declaration of will by e-mail or in writing to the address provided in the Order Form.
  7. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, return to the Customer all payments received from it, including the costs of delivery of Goods. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of payment refund, without bearing  any additional costs for it.
  8. The Seller shall refrain from reimbursing the payments referred to above until the Goods are received or until the Customer confirms their sending, in case if the Seller is not obliged to collect the Goods in person.
  9. After withdrawing from the contract, the Customer is obliged to return the purchased Goods to the Seller or a person authorized by it  immediately, and  not later than within 14 calendar days from the date of submitting the Declaration of withdrawal.
  10. If the Customer  choose a method of delivery of the Goods other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the additional costs incurred by the Customer.
  11. The Customer bears the direct costs of returning the Goods.
  12. The Goods should be returned to the Seller's address: ul. Agrestowa 2, 43-384 Jaworze.
  13. The Customer is only liable for a decrease in the value of the good as a result of using it in a way that goes beyond what is necessary to determine the nature, characteristics and functioning of the good.
  14. The right to withdraw from a distance contract is not granted to the Client who is a Customer in relation to contracts:
  15. a) on the provision of services, if the Seller has fully performed the service with the express consent of the Customer, who was informed before the commencement of the service that after the performance of the service by the Seller, it will lose the right to withdraw from the contract,
  16. b) where the price or remuneration depends on fluctuations in the financial market not  controlled by the Seller  and which may occur before the deadline to withdraw from the contract,
  17. c) which  subject matter is  a non-prefabricated product, manufactured according to the Customer's specifications or serving to satisfy its individual needs,
  18. d) which subject matter is a Product that deteriorates quickly or has a short shelf life,
  19. e)  which  subject of subject matter is a Product delivered in a sealed package, which after opening the package cannot be returned due to health or hygiene reasons, if the package has been opened after delivery,
  20. f) which  subject matter is Products that after delivery, due to their nature, are inseparably connected with other things,
  21. g) which  subject matter is alcoholic beverages, the price of which was agreed upon conclusion of the Sales Contract, and the delivery of which may take place only after 30 days and the value of which depends on price fluctuations on the market over which the Seller has no control,
  22. h) where the Customer has expressly requested the Seller to come to it for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Customer, or provides Products other than spare parts necessary for repair or maintenance, the Customer has the right to withdraw from the contract with regard to additional services or Products,
  23. i) which  subject matter are  sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
  24. j) which subject matter is delivery of  newspapers, periodicals or magazines, with the exception of subscription contracts,
  25. k) concluded through a public auction,
  26. l)  on provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the service day or period,
  27. m) on  delivery of digital content that is not recorded on a tangible medium, if the performance  of the service began after the Customer's express consent and before the deadline to withdraw from the contract and after informing the Seller about the loss of the right to withdraw from the contract.

§ 9

Out-of-court dispute resolution 

  1. The Client  who is a Customer has the right to use out-of-court dispute resolution methods.
  2. Information on the possibility of exercising such a right and relevant procedures are available at the offices and on the websites of municipal (poviat) Customer ombudsmen, social organizations which statutory tasks include Customer protection, Voivodship Inspectorates of Trade Inspection and at the Internet addresses of the Office of Competition Protection and Customers: http://www.uokik.gov.pl/spory_konsumenckie.php, http://www.uokik.gov.pl/sprawy_indywidualne.php, http://www.uokik.gov.pl/wazne_adresy.php. 
  3. For Clients who are Customers, there are various possibilities of using out-of-court dispute resolution, including:
  4. a) applying to a permanent  Customer Arbitration Court referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws No. 4, item 25, as amended), the rules of organization and operation of permanent customer arbitration courts are set out in the Regulation of the Minister of Justice of September 25, 2001  on the rules of organization and operation of permanent amicable Customer courts. (Journal of Laws No. 113, item 1214, as amended),
  5. b) requesting the voivodship inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller,
  6. c) using the help of a poviat (municipal) Customer ombudsman or a social organization which statutory tasks include Customer protection (e.g. the Customer Federation),
  7. d) using the electronic method of resolving disputes with the Seller via the EU platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL 

§ 10

Entrepreneurs

  1. This paragraph of the Terms and Conditions and the provisions contained therein apply only to Clients who are not Customers.
  2. In the event of differences in the provisions of the Terms and Conditions contained in § 10 (concerning only entrepreneurs) in relation to the other provisions of the Terms and Conditions, the provisions of § 10 shall prevail.
  3. The Seller has the right to withdraw from the Sales Contract concluded with the Client who is not a Customer within 14 calendar days from the date of its conclusion. In this case, the right to withdraw is available without giving any reason by sending an appropriate notice.
  4. In the case of Clients who are not Customers, the Seller may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending an appropriate notice. 
  5. The Seller has the right to limit the available payment methods, and may require prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Contract.
  6. Upon the transfer of the Goods by the Seller to the selected carrier for the Client who is not a Customer, the benefits and burdens related to the Goods and the risk of accidental loss or damage l are also transferred. The  Seller is not responsible for the loss, defect or damage to the Goods arising from its acceptance  for transport until its delivery to the Customer, and is not responsible for delay in the delivery of the Goods.
  7. In the case of delivery of the Goods by a carrier, the Client who is not a Customer is obliged to inspect the Goods  during the  time and in the manner accepted for such Goods. If it finds that there has been a loss or damage to the Goods during transport, it is obliged to perform all actions necessary to determine the liability of the carrier.
  8. In the case of Clients who are not Customers, the invoice is the document which make the Customer eligible  to submit a  complaint concerning  a defective product.
  9. Having regard to the provision of Art. 558 § 1 of the Civil Code The Seller's liability under the warranty for the Goods in relation to the Client who is not a Customer is excluded.
  10. The Seller's liability to the Client who is not a Customer, regardless of its legal basis, is limited, in case  of  a single claim, as well as in case of all  claims, up to the amount of the price paid and delivery costs under the Sales Contract, but no more than the amount of PLN 1,000.00 (one thousand zlotys 00/100). The Seller is liable to the Client who is not a Customer only for typical damage foreseeable at the time of concluding the Contract and is not responsible for lost profits.
  11. Disputes arising between the Seller and a Client who is not a Customer shall be submitted to the court having jurisdiction over the registered office of the Seller.

§ 11

Final Provisions

  1. Contracts are concluded in Polish via the Online Store
  2. The Seller respects all the rights of the Customer under the provisions of Polish law.

3.Any  change to the Terms and Conditions may be made only for important reasons, such as a change of the law, change of payment methods, change of delivery methods - to the extent to which these changes affect the implementation of the provisions of the Terms and Conditions. (this applies, for example, to the Account service). The amended Terms and Conditions bind the Seller if the requirements specified in art. 384 and 3841 of the Polish Civil Code are still apply.

  1. In the event of conclusion of  contracts other than  continuous ones on the basis of the Terms and Conditions (this applies to, for example, Sales Contracts), the amendments to the Terms and Conditions will not in any way infringe the acquired rights of Clients who are Customers before the date of entry of  the amendments to the Terms and Conditions (including: amendments to the Terms and Conditions shall not will affect the placed or placed Orders and concluded, implemented or performed Sales Contracts).
  2. In a situation  when  the result  of  new  amendments to the Terms and Conditions would be new fees or an increase  of applied fees, the Client who is a Customer may exercise the right to withdraw from the contract.
  3. The Seller is obliged to inform the Customers about each amendment to the Terms and Conditions on the website of the Online Store, at least 14 days before the updated version of the Terms and Conditions comes into force.
  4. The Customer has the right not to accept the new wording of the Terms and Conditions.
  5. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). d.), the Act on Customer rights.
  6. Appendixes to the Terms and Conditions constitute the  integral part of the Terms and Conditions.
  7. The Terms and Conditions come into force on 05.06. 2017

 

 Appendix 1

Withdrawal form template for download click here

 

Addressee:

Gabriela Wełniak, IGUANATREND Gabriela Wełniak, ul. Agrestowa 2, 43-384 Jaworze, NIP: 9371087448, REGON: 070450697, e-mail address: biuro@iguanatrend.pl, telephone number: +48 660 458 318

Statement:

I ……………………………………………………… hereby inform about my withdrawal from the Sales Contract (description, name): ..................……………………………………………………

...................................................................................................................................................

Order number / invoice number: ………………………………………………………………… ..

Date of receipt of the Goods (if applicable):… ……………………………………………………………

Delivery address (if applicable): …………………………………………………………………… .....

Gross price (excluding delivery costs): …………………………………………………………………

Customer e-mail address: ………………………………………………………………………………… ..

Customer contact number: …………………………………………......……………………………… .....

Reason for withdrawal (fill in optional - optional field): …………………………………………………………………………………………………………………………………………………………………………………...............……………………………………. ………………………………................................................................................................................ 

Bank account number............................................... .................................................. ...................

Account owner data ............................................... .................................................. ........................

Date and signature (if the statement is made in writing) 




Appendix No. 2 Notice of withdrawal from the Contract 

You have the right to withdraw from this contract within 15 days without giving any reason. The deadline will expire after 15 days from the day:

  1. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
  2. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the goods,
  3. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or party,
  4. on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first  good.

      In order to use the right to withdraw from the contract, you must inform us  (Gabriela Wełniak, IGUANATREND Gabriela W Wollak, Agrestowa 2, 43-384 Jaworze, NIP: 9371087448, REGON: 070450697, e-mail address: biuro@iguanatrend.pl, telephone number: +48 660 458 318) of your decision to withdraw from this contract by an unequivocal statement (for example: a letter sent by post, fax or e-mail).

 You can use the  withdrawal form template, but it is not obligatory.

You can also fill in and submit the withdrawal form or any other unequivocal statement electronically on our website (www.iguanatrend.pl). If you use this option, we will immediately send you a confirmation of receipt of the information on withdrawal from the contract on a durable medium (e.g. by e-mail).

     To meet the withdraw deadline, it is enough for you to send information concerning your  exercise of the  right  of  withdrawal from the contract before the deadline of withdraw from the contract.

 

Effects of withdrawal from the contract

 

In the event of withdrawal from this contract, we will refund immediately all payments received from you, including the costs of delivery  (except  additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us),  and in any case no later than 14 days from the day on which we are informed about your decision to exercise the right to withdraw from the contract. We will refund the payment using the same payment methods that you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not bear any fees as a result of this reimbursement.

       We may withhold the reimbursement until we have received the goods back or  you  have supplied evidence of having  back the goods, whichever is the earliest.

       You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 calendar days  has expired.

       You will have to bear the direct cost of returning the goods.

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