1. PRELIMINARY PROVISIONS

 

1. This document sets out the terms and conditions of sale and provision of services as part of the online shop operated at

www.pgclothes.com by Katarzyna Milczarkiewicz conducting business activity under the name KP Katarzyna Milczarkiewicz with registered office in Kobyłka, ul. Bohaterów Ossowa 8b, 05-230 Kobyłka, entered into the register of entrepreneurs of the CEiDG in Warsaw, Tax Identification Number (NIP): 5212801109, contact telephone number +48 664 144 259, open Monday-Friday between 12-4 p.m., according to the principles set out in these Terms and Conditions.

 

2. Contacting the Seller by phone, the Customer bears the costs of a regular phone call according to the rates of the operator chosen by the Customer.

 

3. The Terms and Conditions are continuously available on the website of the Store in a way that makes it possible to obtain, reproduce and record their content by printing or saving them on a carrier at any time, and they are made available to the Customer after the conclusion of the agreement in a way that makes it available in the future.

 

4. Acceptance of these Terms and Conditions is voluntary, however it is necessary to use the Online Shop, including creating an account in the Online Shop or placing an Order.

 

5. For the purposes of interpreting the Terms and Conditions, the following provisions shall mean:

 

1. Business Day - any day of the week from Monday to Friday excluding public holidays;

 

2. Order Form - an interactive form made available in the Online Shop which enables the Customer to place an Order;

 

3. Customer - a natural person with full legal capacity, a natural person conducting business activity, a legal person or an organisational unit that is not a legal person but to which specific provisions grant legal capacity, concluding a Sales Agreement;

 

4. Civil Code - the Act of 24 April 1964 - Civil Code (i.e. Journal of Laws of 2020, item 1740, as amended);

 

5. Account - a separate part of the Online Shop, individually assigned to the Customer;

 

6. Consumer - a natural person who, through the Shop, uses services provided electronically or concludes a sales agreement to the extent not directly related to their business or professional activity, i.e. a consumer within the meaning of Article 221 of the Civil Code. A natural person who enters into a contract directly related to their business activity is also considered a consumer, when the content of the contract indicates that it is not of a professional nature for them, arising in particular from the subject of their business activity, as disclosed in CEIDG;

 

7. Product - goods presented in the Online Shop, being a movable item, intended for sale;

 

8. Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;

 

9. Terms and Conditions - present document;

 

10. Registration - a one-time action involving the creation of an Account by the Customer, made using the registration form made available by the Seller on the website of the Online Shop;

 

11. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.

 

12. Online shop - the online shop operated by the Seller, available at www.pgclothes.com 

   

13. Seller - Katarzyna Milczarkiewicz conducting business under the name KP Katarzyna Milczarkiewicz with registered office in Kobyłka, ul. Bohaterów Ossowa 8b, 05-230 Kobyłka, Tax Identification Number (NIP): 5212801109,

 

14. Contract of sale - concluded between the Customer and the Seller as a result of the Order, contract of sale within the meaning of the Civil Code;
15. Electronic services - services provided by the Seller electronically within the meaning of the Act of 18 July 2002 on provision of electronic services (Journal of Law s No. 144, item 1204 as amended);

 

16. Consumer Rights Act - the Act of 30 May 2014 on consumer rights ( Journal of Laws of 2019, item 369 as amended),

 

17. Act on provision of services by electronic means - Act of 18 July 2002 on provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);

 

18. User - each individual Internet user who uses Electronic Services provided in the Online Shop;

 

19. Order - a declaration of the Customer, submitted via an electronic Order Form, constituting an offer to conclude a Sales Agreement for a Product presented in the Online Shop,

 

20. Shopping Cart - a service made available to each Customer who uses the Online Shop, which enables the Customer to place an Order for one or several Products, to enter discount codes allowing for the reduction of the Price on the principles laid down in separate agreements/regulations, to display a summary of the Price of individual Products and of all the Products altogether (including, if applicable, the costs of shipping), to display the expected date of delivery of the Products,

 

21. Contract concluded at a distance - contract concluded with the Consumer as part of an organised distance contracting system within the Shop, 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 conclusion of the contract,

 

22. Proof of purchase - a receipt or bill issued in accordance with the Value Added Tax Act of 11 March 2004 as amended and other relevant legislation.

6. The Seller has the right to organise occasional competitions and promotions, the terms and conditions and rules of which will always be displayed on the Shop’s website or set out in separate regulations.

 

7. Promotions in the Internet Shop cannot be combined, unless the regulations of a given promotion state otherwise.

 

8. Contracts in the Shop are concluded in the Polish language.

 

2. RULES FOR THE USE OF THE ONLINE SHOP

1. In order to use the Online Shop, it is necessary for the User's ICT system to meet the following requirements:

 

1. computer or mobile device with access to the Internet,
2. access to e-mail,
3. standard web browser,
4. Cookies and Javascript enabled in the web browser,
5. a program to read and write PDF files.

 

2. The use of the Electronic Services, may involve risks on the part of any Internet user, consisting of the possibility of introducing harmful software into the User's ICT system and obtaining and modifying their data by unauthorised persons. The User is advised to use appropriate technical measures to minimise their occurrence.

 

3. The Seller informs that the Shop uses the mechanism of cookies. The rules of their use are regulated by the Cookie Policy available on the Shop's website.

 

4. It is prohibited to provide and transmit content prohibited by law, including content that promotes violence, defamatory content or content violating personal rights and other rights of third parties.

 

5. Persons using the Services and concluding a Sales Agreement on behalf of another person should be duly authorised in this respect. By accepting the Terms and Conditions, the person referred to in the preceding sentence declares that they are authorised to use the Services and/or to conclude a Sales Agreement by the person on whose behalf the agreement is concluded.

 

6. Through the Online Shop, the Seller makes it possible to use free services, which are provided by the Seller 24 hours a day, 7 days a week.

 

7. The User is obliged to use the Shop in a manner consistent with the provisions of law, the provisions of the Terms and Conditions and generally accepted principles on the Internet.

 

3. INFORMATION ABOUT THE PLACEMENT OF SEARCH RESULTS

The Seller informs that placement is to be understood as the granting by the online shop of a certain visibility to products or the weight given to search results on the shop's website.

1. Search engine of the online shop

When the user types certain content into the search engine window of the online shop, they launch a search programme, which starts searching product indexes in order to find the searched content:

• the search engine uses a defined dictionary of synonyms;
• the search engine has the functionality of presenting suggestions, which are matches containing phrases entered by the user. As search results, the user receives products whose indexes contain the text entered by the user or their synonyms.

2. Product categories

The user has the possibility to search for a given product through the functionality of selecting further tabs of product categories in the online shop.

3. Order of presentation of search results

The order in which the search results are presented or given a specific visibility depends, first of all, on the settings of the presentation criterion by the user. The order of presentation of search prompts in the online shop search engine as well as search results within the search engine or product categories, in the event that more than one product fulfils the conditions entered by the user (phrase or selected category), depends on the algorithm for assigning a specific score to a given product. The higher the score, the earlier the product is presented. The score for a given product is awarded on the basis of algorithms based on matching search phrases with product names or their numeric identifiers (e.g. EAN, SKU) found in the Seller's shop.

 

4.  ELECTRONIC SERVICES

1. The Seller enables Users to use the following free electronic Services: Account, Order Form, Newsletter.

 

2. In order to start using the Account service it is necessary to register in the Online Shop, which is done by sending to the Seller a filled out registration form available on the website of the Shop.

 

3. The contract for maintaining an Account is concluded as soon as the User receives confirmation of Registration for an indefinite period of time. The User may terminate the agreement at any time by sending an appropriate statement to the Seller or by using the "delete Account" button.
4. The Seller provides an Order Form enabling the purchase of the Products presented in the Shop. The service of making the Order Form available is provided for a limited period of time and is terminated as soon as the Order Form is sent to the Seller.

 

5. Each User has the possibility to subscribe to the Newsletter in order to receive commercial and promotional information from the Seller to the e-mail address provided by the User. The Newsletter service is provided for an indefinite period of time. Each User may revoke their consent to the sending of the Newsletter at any time by sending a request to the Seller to remove them from the list of subscribers or by unsubscribing on their own using the link contained in the Newsletter.

 

6. In the event of breach of the provisions of these Terms and Conditions, the Seller, upon prior ineffective call to cease the breach with setting an appropriate time limit, may terminate the agreement for provision of Electronic Services with immediate effect.

 

7. The Customer may submit any complaints concerning the services provided electronically and related to the functioning of the online shop www.pgclothes.com to the following e-mail address: kontakt@polishgirl.pl.
8. A complaint submitted this way will be considered by the Seller within 14 days of its receipt by the Seller.

 

5. PRODUCT SALES AND OPINIONS

1. All Products available in the Online Shop are brand new, free from physical and legal defects and have been legally introduced into the Polish market, unless the Seller has marked them as defective.

 

2. Each Product available in the Shop has a description. Each Product description indicates the basic characteristics of the Product, in particular the type, price.

 

3. Products available in the Shop should be used in a manner consistent with the information contained in the Product description or in the information placed on the Product or attached to the Product.

 

4. Prices of Products presented in the Shop are gross prices and include all components, including VAT. The price of a Product does not include its delivery costs, unless expressly stated in its description.

 

5. Information about the Products presented in the Online Shop do not constitute an offer but an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.

 

6. Pictures and descriptions of Products placed in the Shop are for illustrative purposes only. Photographs and descriptions of the Products illustrate in a demonstrative manner the properties, appearance and usable parameters of the Product. The appearance of the Product in the photos presented in the Shop may differ slightly from the appearance of the Product being the subject of the Sales Agreement. Differences in the appearance of the Products may result from technical reasons related to the device with which the Customer uses the Shop.

 

7. In order to conclude a Sales Contract through the Online Shop, the Customer must go to the website www.pgclothes.com and make a selection of products, taking subsequent technical steps based on the messages displayed to the Customer and the information available on the website.

 

8. The Customer selects the ordered Goods by adding them to the shopping cart.
9. During the process of placing the Order - until the moment of pressing the "Order" button - The Customer has the possibility of modifying the data entered and data referring to the selection of the Goods. In order to do so, it is necessary to follow the messages displayed to the Customer and the information available on the website. In order to place an Order, it is necessary to correctly fill in the Order Form.

 

10. In the Order Form, the Buyer must provide true personal data. The Buyer will be held responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in a situation where the Buyer has provided false data or where the data raises reasonable doubts of the Seller as to its correctness. In such a case, the Buyer will be informed by phone or e-mail about the Seller's doubts. In such a situation, the Buyer has the right to clarify any circumstances related to the verification of the veracity of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller shall provide any clarifications after the Buyer has made contact.

 

11. The Buyer declares that all data provided by them in the order form are true, while the Seller is not obliged to verify their truthfulness and correctness, although they have such a right in accordance with section 7 above.

 

12. Registration on the website is not necessary to place an order in the Online Shop.

 

13. After the Customer using the Online Shop has provided all the necessary data, a summary of the Order placed will be displayed. The summary of the Order placed shall contain information on:

 

 a) the subject of the Order,

    b) unit price and total price of the ordered products or services, including delivery costs and additional costs (if any),

    c) selected payment method,

    d) selected delivery method,

14. In order to send the Order, it is necessary to accept the Terms and Conditions, provide personal data marked as mandatory and press the "Order" button.

 

15. Placing an Order constitutes an offer from the Customer to conclude a contract of sale for the Products of their choice. The Customer automatically receives a confirmation of the receipt of the Order in the Seller's ICT system.

 

16. The Seller sends to the Customer's e-mail address a confirmation of acceptance of the Order for execution, which constitutes a statement of acceptance of the Customer's offer and at that moment the contract of sale of the Products is concluded.

 

17. The Seller performs actions aimed at ensuring availability of the Products presented in the online shop. In exceptional cases, in particular when multiple customers place an order for the same product at the same time, it may happen that a given product is not actually available. In such a case, the Customer will be informed of the impossibility of fulfilling the order (on the basis of the relevant provisions of the Civil Code, including Articles 493-495 of the Civil Code, which may apply).

 

18. The seller does not allow adding opinions about products in the online shop. The seller indicates that consumer reviews posted on Google are not verified by the Seller.  
19. The sales contract is concluded in the Polish language, with the content compliant with the Terms and Conditions.

 

6. PAYMENTS

1. Payment for the Product in the Online Shop is made via:

 

1. prepayment through the electronic payment system Przelewy24 operated by PayPro SA ul. Kanclerska 15, 60-327 Poznań, in accordance with the rules of the system (https://www.przelewy24.pl/regulamin), and PayPal;

 

2. The Seller will cancel an unpaid order within 24 hours of its receipt. In case of cancellation of part or all of the order, the payment to the customer is refunded immediately, but no later than within 14 days from the date of cancellation - in full or in the relevant part of the price, respectively.
3. The payment shall be refunded using the method of payment used by the customer - unless the customer has expressly agreed to a different method of refund (including refund to a different bank account).

 

7. PRICE OF PRODUCTS

1. All prices quoted in the Shop are in Polish zloty and include taxes, including value added tax (gross price).

 

2. Information on the price of the Product, the features and essential characteristics of the Product are available in the Shop and placed next to the presented Product.

 

3. The Seller shall display the price of the Product or service in a clear and unambiguous manner. Whenever a reduction in the price of a product or service is indicated next to the information about the reduced price (e.g. reduced as a result of temporary promotions) in the online shop, the Seller shall display the lowest last price of the Product available on the website of the online shop within the last 30 days before the price reduction was applied.
4. The binding and final price is the price shown in the Shopping Cart in the Order summary at the time the Customer places the Order via the Shop.

 

5. The Seller reserves the right to change the prices of the Products presented in the Shop, to withdraw Products and introduce new Products. The above entitlement shall not affect Order(s) which were placed before the effective date of any of the changes referred to above.

 

6. The Seller reserves the right to make changes to the prices of the Products on an ongoing basis and to conduct and cancel promotions, discounts and sales. The right referred to in the preceding sentence does not affect Orders placed before the change of price, terms of promotions, discounts or sales. The duration of promotional actions is limited. Discounts and promotions do not add up. Promotions, discounts and sales are valid during the period and under the conditions indicated each time in the description of a given Product in the Shop. A promotion, discount or sale lasts until 23:59 on the last day of its validity. Promotional, discount or sale prices are included and apply only to Products ordered through the Shop.
7. The Customer can browse Products by category or by using the search engine.

 

8. The fulfillment of the Order is subject to the availability of the Product in the Store. The Seller performs actions aimed at ensuring the availability of Products presented in the Online Shop. In exceptional cases, in particular when multiple Customers place an Order for the same Goods at the same time, it may happen that a given Good is not actually available. In such a case, the Customer, due to the impossibility of fulfillment, will receive information about the impossibility of fulfilling the Order (on the basis of relevant provisions of the Civil Code, including the application of Articles 493-495 of the Civil Code).

 

9. DELIVERY

1. The Goods are delivered to the address indicated by the Customer when placing the Order.

 

2. The Order Processing time is up to 2 working days, and during promotional periods and in the case of personalised orders, this time may be extended, of which the Customer will be informed by email, irrespective of the quantity purchased. Order processing begins after:

• payment by electronic transfer - after confirmation received by the Seller from the payment operator.

 

3. The Seller makes every effort to ensure that the order is processed and dispatched as soon as possible.  

 

4. After the aforementioned order processing period, the goods are released to the carrier. The time limit for the Seller to dispatch the order is a maximum of 2 working days counted from the moment the Order is completed and sent by the Seller (from the moment it is marked as dispatched in the system).

 

5. Delivery of ordered Goods is carried out by courier, parcel lockers or personal collection after prior arrangement with the Seller via email or contact number.

 

6. The costs of delivery are precisely defined when placing an order and are visible under the list of selected products. The customer's total payment is the sum of the price of all products ordered and the cost of delivery.

 

7. The Seller fulfills orders within the territory of the Republic of Poland, the European Union and outside the European Union.

 

8. The duration of delivery after the parcel has been picked up by the carrier depends on the type of delivery method chosen by the customer and is specified by the regulations of individual carriers.

 

9. To consolidate, secure, make available and confirm important provisions of the Goods Sales Agreement to the Customer, a confirmation is sent to the provided email address and a printout of the confirmation or specification of the Order or a receipt or a VAT invoice is attached to the parcel containing the Goods.

 

10. COMPLAINTS CONCERNING THE SELLER'S LIABILITY FOR NON-CONFORMITY OF GOODS WITH THE CONTRACT

 

1. The basis and extent of the Seller's liability to the Consumer if the product sold is not in conformity with the contract are set out in the Consumer Rights Act.

 

2. The Seller undertakes to deliver Products that are free from physical and legal defects, unless it follows from the Product description that the Product is defective. The non-conformity of the Product with the contract, which became apparent before the expiry of two years from the time of delivery of the Product, shall be presumed to have existed at the time of delivery, unless the contrary is proven or this presumption cannot be reconciled with the specific nature of the Product or the nature of the non-conformity of the Product with the contract.

 

3. Before accepting the parcel with the purchased Product, the Customer should check that the parcel has not been damaged in transit. If damage is found, the Customer is entitled to refuse to accept the consignment and then contact the Seller to determine the further course of action.

 

4. In the case of defects in the Product, the Seller shall be liable to the Customer, who is a Consumer, under the Seller's liability for non-compliance of the goods with the contract for defects under the principles set out in Article 43a-43g of the Consumer Rights Act.

 

5. The description of each product in the Shop includes its properties and technical parameters.

 

6. If the product requires it, The Seller provides the Customer with information on how to use the purchased product, in the form of a document attached to the product or in the form of information published on the Seller's website or sent as a PDF file in an email message addressed to the Customer. This information also sets out the rules for the maintenance of the purchased product.

 

7. Goods are in conformity with the contract if the following features are in conformity with the contract:

a) description, type, quantity, quality, completeness and functionality;

b) suitability for the specific purpose for which it is needed by the Consumer, which the Consumer has notified the Seller at the latest at the time of the conclusion of the Contract and which the Seller has accepted.

 

8. In addition, the goods, in order to be deemed to be in conformity with the contract, must:

1. be fit for the purposes for which a product of that kind is normally used, taking into account applicable law, technical standards or good practice;

2. appear in such quantity and have such characteristics, including durability and safety and, in relation to goods with digital elements, also functionality and compatibility, as are typical of goods of that kind and which the Consumer may reasonably expect, taking into account the nature of the goods and the public assurance made by the Seller, its predecessors in law or persons acting on their behalf, in particular in advertising or on labeling, unless the Seller shows that:

a) they were not aware of the public assurance in question and, judging reasonably, could not have been aware of it,

b) prior to the conclusion of the contract the public assurance was rectified under the conditions and in the form in which the public assurance was given, or in a comparable manner,

c) the public assurance did not influence the consumer's decision to conclude the contract;

3. be supplied with packaging, accessories and instructions which the Consumer may reasonably expect to be supplied;

4. be of the same quality as the sample or design which the Seller made available to the Consumer before the conclusion of the Contract and correspond to the description of such sample or design.

 

9. If a product is not in conformity with the Contract, the Consumer may request its repair or replacement.

 

10. The Seller may make a replacement when the Consumer demands a repair, or the Seller may make a repair when the Consumer demands a replacement, if bringing the Product into conformity with the Contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Contract.

 

11. When assessing whether the costs to the Seller are excessive, account shall be taken of all the circumstances of the case, in particular the significance of the non-conformity of the product with the contract, the value of the conforming product and the undue inconvenience to the Consumer caused by the change in the method of bringing the product into conformity with the contract.

 

12. The Seller shall carry out repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer of the lack of conformity with the contract and without undue inconvenience for the Consumer, taking into account the specific nature of the Product and the purpose for which the Consumer purchased it. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.

 

13. The Consumer shall make the Product that is to be repaired or replaced available to the Seller. The Seller shall collect the product from the Consumer at their own expense.

 

14. If the product has been assembled before the non-conformity of the product with the contract became apparent, the Seller shall disassemble the product and reassemble it after repair or replacement or have these operations performed at their expense.

 

15. The consumer shall not be obliged to pay for the normal use of the product which was subsequently replaced.

 

16. If the product is not in conformity with the contract, the Consumer may make a declaration demanding a price reduction or withdrawal from the Contract when:

a) the Seller has refused to bring the product into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;

b) The Seller has failed to bring the product into conformity with the contract in accordance with article 43d paragraphs 4-6 of the Consumer Rights Act;

c) the lack of conformity of the product with the contract continues even though the Seller has tried to bring the product into conformity with the contract;

d) the lack of conformity of the product with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without prior use of the means of protection set out in Article 43d of the Consumer Rights Act;

e) it is clear from the Seller's statement or circumstances that the Seller will not bring the product into conformity with the contract within a reasonable time or without undue inconvenience to the Consumer.

 

17. The reduced price must remain in such proportion to the contract price as the value of the non-conforming product remains to the value of the conforming product. The Seller shall reimburse the Consumer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days of receipt of the Consumer's statement on price reduction.

 

18. The Consumer may not withdraw from the contract and claim a refund of the price of the product if the lack of conformity of the product with the contract is insignificant. The lack of conformity of the product with the contract shall be presumed to be material.

 

19. If the lack of conformity applies only to certain products delivered under the contract, the Consumer may withdraw from the contract only in respect to those products and also in respect to other products purchased by the Consumer together with the non-conforming products, if the Consumer cannot reasonably be expected to agree to keep only the conforming products.

 

20. In the event of withdrawal from the contract, the Consumer shall immediately return the product to the Seller at the Seller's expense. The Seller shall reimburse the price to the Consumer immediately, but no later than within 14 days of receipt of the product or proof of its return.

 

21. The Seller shall refund the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer.

 

22. The Consumer may withhold payment of the price until the Seller has fulfilled its obligations under Articles 43d and 43e of the Consumer Rights Act.

 

23. The Seller shall not be liable for the non-conformity of the product with the sales contract if the Consumer, at the latest at the time of the conclusion of the sales contract, received clear information that the purchased product is defective (e.g. a product with damage, soiling, etc.) accepted the lack of a specific product feature.

 

24. The Customer submits the product complaint by sending the product complained about to the Seller's address, including the content of the complaint notification in the parcel. Alternatively, the consumer can inform the Seller about the complaint by sending an email beforehand.

The Customer may make a complaint using the Complaint Form prepared by the Seller, however, the use of the form is not obligatory. If the Customer resigns from the possibility of using the Complaint Form, he is obliged to make a complaint in writing, specifying as far as possible (which means that the requirements specified in this section are only a recommendation and do not affect the effectiveness of complaints made without the recommended description of the complaint):

1. identification details (first and last name) contact details (email, telephone number) and address details (address) to enable the complaint process to be properly carried out,

2. designation of the product complained about, date of its purchase and designation of the document confirming the purchase (VAT invoice/paragon), which will significantly accelerate the complaint process,

3. information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect/non-compliance of the Product with the agreement,

4. the Customer's request, i.e. request for the manner of bringing the product into conformity with the sales agreement (repair or replacement) or statement of price reduction or withdrawal from the sales agreement,

5. possible indication of the bank account to which the price paid is to be refunded,

6. information on whether the customer has the status of an entrepreneur on the rights of the Consumer.

 

25. It is recommended that the product complained about is clean, which will significantly accelerate the consideration of the complaint.

 

26. The Seller undertakes to consider any complaint regarding the Product within 14 days.

 

27. The Seller shall not be liable if, due to the fact that the Consumer has provided incorrect address or name details or an incorrect bank account number, (i) it is not possible to send the Product free of defects or to refund the price, (ii) there is a delay in doing so, (iii) the price refund is made to a bank account not belonging to the Consumer or (iv) the Product free of defects is sent to an address not belonging to the Consumer.

 

28. None of the provisions of the Terms and Conditions shall limit the rights of the Consumer which they are entitled to under the provisions of the law in force on the territory of Poland. In the event of the existence of a provision of this nature, the provisions of the law in force on the territory of Poland, in particular the Civil Code, shall apply.

 

29. The consumer may exercise the rights under the Seller's liability for non-conformity of the goods with the contract regardless of the rights under the manufacturer's guarantee. If the Product is covered by a guarantee, information on this subject will always be included in the description of the Product in the Shop. Detailed conditions for exercising rights under the guarantee referred to in this paragraph can be found in the guarantee card enclosed with the Product covered by the guarantee in question.

 

30. Complaints should be addressed to the Seller:

1. by post, to the address: 

Pg Clothes

ul. Smulikowskiego 14/3,

 00-389 Warszawa

with the annotation "Online shop - complaint”

 

At the same time, if possible, please contact us in advance by email at:  kontakt@polishgirl.pl 

 

31. An example of a complaint form can be downloaded from the Seller's website. 

 

32. In the case of a defect in the Product, the Seller may be liable to Entrepreneurs on the basis of the warranty provisions under art. 556 et seq. Civil Code.

 

33. The Seller shall not be liable for any damage or loss of profit to the Entrepreneur unless the above damage was caused intentionally by the Seller.

 

34. For the avoidance of doubt, the provisions of par. 32-33 above shall not apply to a natural person concluding a contract directly related to their business activity when the content of such a contract indicates that it is not of a professional nature for that person, in particular resulting from the subject of their business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

 

 

11. WITHDRAWAL FROM CONTRACT BY THE CUSTOMER

 

1. The Customer has the right to withdraw from a contract concluded at a distance or off-premises within 14 days without giving any reason.
2. The deadline for withdrawal expires after 14 days from the day on which the Customer took possession of the item or on which a third party other than the carrier and indicated by the Customer took possession of the item.

 

3. In order to exercise the right of withdrawal, the Customer must inform the Shop of their decision to withdraw from this contract by an unequivocal statement e.g. a letter sent by email to: 

kontakt@polishgirl.pl  or by post to:  

Pg Clothes

ul. Smulikowskiego 14/3,

 00-389 Warszawa

with the annotation: “Online shop - withdrawal” 

 

In order to meet the withdrawal deadline, it is sufficient for the Customer to send the information concerning the exercise of their right of withdrawal before the withdrawal deadline expires.

 

4. In the case of return of goods from an order to which a promotional freebie was attached, the Customer is obliged to return the said freebie as well. In the case of refusal to return the free gift, the Shop will refund the price of the returned items minus the value of the free gift - in accordance with the price of the free gift.

 

5. Effects of withdrawal from the contract:

    a) The Seller shall immediately, no later than within 14 days of receipt of the Consumer's statement of withdrawal from the Sales Contract, refund to the Consumer all payments made by the Consumer, including the purchase price of the Product and the costs of delivery of the Product to the Consumer. In any case, no later than 14 days from the day on which the Shop was informed of the Consumer's decision to exercise the right of withdrawal. Reimbursement shall be made using the same method used by the Consumer unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for the Consumer. The Shop may withhold the reimbursement of the payment until it has received the item or until it has provided proof of its return, whichever event occurs first.

    b) The Consumer is obliged to return the Goods to the Seller at their own expense - immediately, but no later than within 14 days from the date on which they withdrew from the Sales Contract. It is sufficient to send the Goods back to the Seller's address before this deadline;

    c) The right of withdrawal from the Sales Agreement does not apply, inter alia, to the Customer being the Consumer with reference to agreements in which the Goods are non-prefabricated items manufactured to the Consumer's specifications or serving to satisfy their individual needs (Article 38 of the Act on Consumer Rights);

    d) If the Consumer exercising their right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.

e) in the event that the Sales Contract covered more than 1 Product, and the Consumer has withdrawn from the Sales Contract only in part (with respect to some of the Products covered by the Sales Contract), the Seller shall be entitled to reimburse the delivery costs in proportion to the extent to which the Consumer has withdrawn from the Sales Contract. In such a case, the Seller shall reimburse the Consumer such part of the delivery costs as corresponds to the number of Products returned in relation to the total number of Products covered by the Sales Contract in question.

    f) In the case of withdrawal, the Client who is the Customer shall bear only the direct costs of returning the Goods, i.e. the costs of sending the Goods to the Seller.

    g) The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

    h) The address to which the Customer shall return the Goods is:

Pg Clothes

ul. Smulikowskiego 14/3,

 00-389 Warszawa

 

6. A sample withdrawal form can be downloaded from the Seller's website.

 

7. The provisions of this §9 of the Terms and Conditions concerning the consumer shall apply pursuant to Article 38a of the Consumer Rights Act as of 1 January 2021 and for agreements concluded as of that date, also to the Buyer who is a natural person concluding an agreement directly related to their business activity, when it results from the content of that agreement that it does not have a professional character for that person, in particular resulting from the subject of their business activity made available on the basis of the provisions of the Central Register and Information on Business Activity.

 

8. The Customer who is an Entrepreneur is not entitled to withdraw from the sales contract concluded with the Seller.

 

9. The Seller is entitled to withdraw from the sales contract concluded with the Customer who is the Entrepreneur within 14 calendar days from the date of its conclusion. In this case the withdrawal from the sales contract may take place without giving any reason and does not create any claims on the part of the Customer who is the Entrepreneur against the Seller.

 

10. A Consumer who has created a Customer Account may, within 14 days, withdraw from the Customer Account agreement without giving any reason and without incurring any costs other than those provided for by law (which is the statutory right of withdrawal for Customers who are Consumers). The period for withdrawal from the Customer Account agreement starts from the day the Customer accesses the digital content or service.

 

12. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES ON ACCESS TO THESE PROCEDURES

1. The Consumer has the possibility to use out-of-court complaint handling and redress procedures. Among others, the Consumer has the possibility to:

 

1. apply to a permanent amicable consumer court to resolve a dispute arising from the concluded contract,
2. apply to the voivodeship inspector of the Trade Inspection to initiate mediation proceedings for amicable settlement of a dispute between the Consumer and the Seller,

 

3. use the assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.

 

2. The Consumer may look for more detailed information on out-of-court ways of dealing with complaints and pursuing claims at the website http://www.polubowne.uokik.gov.pl.

 

3. The Consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking out-of-court settlement of disputes concerning contractual obligations arising from an online sales contract or service contract.

 

13. PERSONAL DATA

1. The Customer's personal data registered in the Shop is processed by the Seller as the data controller in accordance with applicable Polish and EU law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) for purposes related to transactions performed within the Shop and for purposes resulting from the legally justified interests pursued by the Seller, as well as on the basis of the Customer's consent - for purposes in accordance with the content of the consent granted, including for commercial and marketing purposes.

 

2. The administrator of personal data (within the meaning of Article 4(7) of the GDPR) of the Customers, including Users using the Shop's functionalities, is the Seller, that is Katarzyna Milczarkiewicz conducting business activity under the name KP Katarzyna Milczarkiewicz with registered office in Kobyłka, ul. Bohaterów Ossowa 8b, 05-230 Kobyłka, Tax Identification Number (NIP): 5212801109,

 

3. Personal data is used only to carry out orders and, subject to the Customer's consent - to inform about new products, services and promotions offered by the shop www.pgclothes.com and will not be made available to other entities.

 

4. The data provided will be processed on the basis of Article 6(1)(GDPR) for the purposes indicated in pt. 1 above.

 

5. The provision of personal data by the Customer in the Shop is voluntary, but necessary to carry out transactions within the Shop. Failure to provide personal data makes it impossible to create an account in the Shop and to carry out transactions within the Shop. This does not apply to the processing of data for commercial and marketing purposes, which is carried out only in the case of voluntary consent, independently of transactions within the Shop.
6. The Customer has the right to request from the Seller access to personal data concerning them, the right to rectify, delete or restrict processing.

 

7. The Customer has the right to withdraw their consent to the processing of personal data at any time without affecting the legality of the processing carried out on the basis of consent before its withdrawal.

 

8. Personal data will be processed for the period necessary for the execution of orders, services, marketing activities and other services performed for the Customer. Personal data will be deleted in the following cases:

 

- when the data subject requests erasure or withdraws the consent given;

- when the data subject does not take action for more than 10 years (inactive contact);

- after obtaining information that the data stored is out of date or inaccurate.

 

9. Some data in the scope of: email address, name and last name, may be stored for a further period of 3 years for evidential purposes, the handling of complaints and claims related to the services provided by the Online Shop - this data will not be used for marketing purposes.

 

10. Data concerning orders of Goods and paid services, competitions and loyalty programmes will be stored for a period of 5 years from the date of delivery of the order.

 

11. Data relating to Customers who are not logged in will be stored for a period of time corresponding to the life cycle of the cookies stored on their devices or until they are deleted from the Customer's device by the Customer.

 

12. The personal data of the Customer concerning the Customer’s preferences, behaviour and choice of marketing content may be used as the basis for automated decisions to determine the sales opportunities of the Online Shop.

 

13. The Customer has the right to lodge a complaint with the President of the Office for Personal Data Protection if they consider that the processing of personal data concerning them violates the law.

 

14. The Customer's personal data will be processed in the form of analytical, sales and marketing profiling, in order to adapt the materials directed by the Seller to the Customer's needs and interests and to make measurements that will allow the Seller to improve the services it provides. Recipients of personal data may include:

- Katarzyna Milczarkiewicz running a business under the name KP Katarzyna Milczarkiewicz with its registered office in Kobyłka, 8b Bohaterów Ossowa Street, 05-230 Kobyłka, Tax Identification Number (NIP): 5212801109, as the administrator of the personal data, as well as:

- entities entitled to obtain personal data on the basis of mandatory provisions of European Union or Polish law, e.g. courts or public administration bodies, state authorities,

- banks and entities providing electronic payments for the purpose necessary for the performance of the sales contract and for the purpose necessary for the handling of payments related to the conclusion and performance of the sales contract,

- suppliers or subcontractors acting on behalf of the Seller for the purpose of preparation, production, packing and shipping of products subject to a sales contract,

- IT service providers and providers of IT software,

- accounting firms providing financial and bookkeeping services,

- auditors or auditing firms providing audit services,

- law firms providing legal advice,

- postal operators and courier services.

 

15. All entities to whom we entrust the processing of personal data shall process personal data on the basis of a personal data processing entrustment agreement concluded with the Seller and only in accordance with the Seller's instructions.

 

16. The Administrator carefully selects the entities with which they cooperate or whose services they use to process personal data, striving to ensure maximum protection of the data by applying appropriate protection and security measures for personal data required by law.

 

17. Personal data may be transferred to processing entities cooperating with www.pgclothes.com (e.g. courier company carrying out the delivery of purchased products, IT service provider, debt collection company, mailing company, etc.). Data will not be transferred to recipients located in countries outside the European Economic Area.

 

14. INTELLECTUAL PROPERTY RIGHTS

1. All rights to the Shop, including property copyright, intellectual property rights to its name, its Internet domain, the Shop's website, as well as templates, forms, logotypes of photographs placed on the Shop's website (with the exception of some logotypes and photographs presented in the Shop, the copyrights to which belong to third parties) belong to the Seller.

 

2. Products provided by the Seller that are available in the Shop are the intellectual property of the Seller, are a work within the meaning of the Act on Copyright and Related Rights and are subject to legal protection.

 

3. Any use by anyone, without the explicit written consent of the Seller, of any of the elements comprising the content and the content of the www.pgclothes.com website constitutes an infringement of the copyright vested in the Seller and results in civil and criminal liability.

 

 

15. COOKIE POLICY

 

1. The website may collect information related to logging in, i.e. IP address, type of browser, language, access times and the address from which the user was redirected (so-called cookies).

 

2. Cookies are computer data stored in the form of text and number files which are placed on the Internet user's terminal equipment. Such a terminal device may be a mobile phone, laptop or tablet. These files are used and placed when an Internet user connects to a website.

 

3. The Shop operator is the entity placing cookie files on the Shop User's terminal device and accessing them.

 

4. Cookies are used for the following purposes: adapting the content of the Shop’s websites to the preferences of the User and optimising the use of the websites; in particular, these files make it possible to recognise the device of a Shop User and appropriately display the website, adjusted to the User's individual needs, open statistics which help to understand how Shop Users use the websites, which makes it possible to improve their structure and content.

 

5. The Shop uses two main types of cookies: "session" cookies and "permanent" cookies (persistent cookies). "Session" cookies are temporary files which are stored on the User's terminal equipment until they leave the website or the software (web browser) is switched off. "Persistent" cookies are stored on the User's terminal equipment for the time specified in the parameters of the cookies or until they are deleted by the User.

 

6. The following types of cookies are used within the Shop: 

- vessential" cookies, enabling the use of the services available within the Shop, e.g. authentication cookies used for services requiring authentication within the Shop;

- "security" cookies, e.g. used to detect abuse of authentication within the Shop;

- "performance" cookies, enabling the collection of information about the use of the Shop's websites;

- "functional" cookies, enabling "remembering" the User's selected settings and personalising the User's interface, e.g. with respect to the selected language or region of origin of the User, font size, web page layout, etc;

- "advertising" cookies which make it possible to provide Users with advertising content more tailored to their interests.

 

7. In many cases, web browsing software (web browser) allows cookies to be stored on the User's terminal device by default. Users of the Shop can make changes to their cookie settings at any time. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the web browser settings or inform each time a cookie file is placed on the Shop User's device. Detailed information on the possibility and methods of using cookies is available in the settings of your software (web browser).

 

8. The Shop Operator informs that restrictions on the use of cookies may affect some of the functionality available on the Shop’s websites.

 

9. Cookies placed on the Shop User's terminal device may also be used by advertisers and partners cooperating with the Shop Operator.

 

10. More information on cookies is available at www.wszystkoociasteczkach.pl or in the "Help" section of the Internet browser menu.

 

16. SERVER LOGS

 

1. Using the website involves sending requests to the server where the website is stored. Each request made to the server is recorded in the server logs.

 

2. The logs include, among other things, the User’s IP address, the date and time of the server, information about the User’s browser and the operating system used. The logs are saved and stored on the server.

 

3. The data stored in the server logs are not associated with specific users of the website and are not used by us to identify the User.

 

4. The server logs are only ancillary material for the administration of the website and their contents are not disclosed to anyone other than those authorised to administer the server.

 

 

17. FINAL PROVISIONS

 

1. The Seller has the right to amend the Terms and Conditions for important reasons, which are considered to be in particular changes in legal regulations. Orders accepted for fulfillment prior to the effective date of changes to the Terms and Conditions shall be fulfilled as before.

 

2. The Seller reserves the right to introduce and cancel offers, promotions and to change the prices of products in the Shop without prejudice to the rights acquired by the Buyer, including in particular the terms of agreements concluded prior to the change.

 

3. The Seller reserves the right to amend the Terms and Conditions at any time. If the provisions of the Terms and Conditions are changed, the provisions of the Terms and Conditions in the wording valid as of the date of the conclusion of the Agreement shall apply to Agreements concluded before the introduction of the change.

 

4. The Seller reserves the right to amend the Terms and Conditions to the extent permitted by applicable law. The Seller shall be entitled to unilaterally amend the Terms and Conditions to the extent not individually agreed with the User for justified reasons. A justified reason is considered to be in particular:

 

• a change in universally applicable law in the Republic of Poland to the extent that such a change in the law modifies the content of the Terms of Use or imposes an obligation on the Seller to modify the Terms of Use in a specific manner;
• the Terms and Conditions need to be supplemented, clarified or modified due to universally applicable laws in Poland or the need to make these Terms and Conditions more transparent - in the scope in which such supplementation, clarification or modification is allowed by legal regulations or due to the need to make these Terms and Conditions more transparent;
• issuing by public administration authorities of decisions or acts of analogous nature, as well as guidelines to the extent to which such documents modify the content of the Terms and Conditions or impose an obligation on the Seller to modify the Terms and Conditions in a specific manner;
• introduction by the Seller of new functionalities of the Website or modification of their current scope - to the extent to which the new functionalities modify the content of the Terms of Use;
• introduction by the Seller of new or modification of existing IT systems - to the extent that they affect the content of the Terms and Conditions and the modification of the Terms and Conditions is objectively necessary and directly related to the introduction of new or modification of existing IT systems;
• the emergence of court or administrative rulings which indicate that the content of the Terms and Conditions is contrary to the law - to the extent that from the point of view of the Consumer or Entrepreneur on the rights of the Consumer the proposed change to the Terms and Conditions is in their favour.

 

5. The Seller informs the User about the proposed change to the Terms and Conditions by publishing it on the Website:

 

• the content of the proposed change to the Terms and Conditions;
• the effective date of the amended Terms and Conditions;
• the uniform content of the Terms and Conditions after the changes.

 

6. The shop reserves the right to change the email addresses given in the Terms and Conditions. The changes referred to in the previous sentence do not constitute an amendment to the Terms and Conditions.

 

7. If the content of the new Terms and Conditions is not accepted, the Buyer has the right to terminate the account agreement at any time by deleting the account or by submitting to the Seller an appropriate statement, in any form, of termination of the account agreement.

 

8. Any disputes arising between Katarzyna Milczarkiewicz conducting business activity under the name KP Katarzyna Milczarkiewicz withregistered office in Kobyłka, ul. Bohaterów Ossowa 8b, 05-230 Kobyłka, Tax Identification Number (NIP): 5212801109, and the Customer, who is a consumer within the meaning of Article 22[1] of the Civil Code, shall be referred to the competent courts in accordance with the provisions of the relevant provisions of the Civil Procedure Code.

 

9. Any disputes arising between [the entity operating the online shop] and a Customer who is not a consumer within the meaning of Article 22[1] of the Civil Code shall be referred to the court having jurisdiction over the registered office of the entity operating the online shop.

 

10. In matters not regulated, the provisions of the applicable law, including the Civil Code and the Act on Consumer Rights shall apply. If the applicable law grants to Customers who are consumers more favourable mandatory and legally required regulations than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions shall be directly replaced by the specific norms of the applicable law and shall thus be binding upon the Seller.

 

 

18. COPYRIGHT NOTICE OF THE TERMS AND CONDITIONS OF SALE

The owner of all material copyrights in the template of these Terms and Conditions of Sale is the Contractor of the work, who has granted to this shop the non-exclusive and non-transferable right to use these Terms and Conditions of Sale for the purpose of its own commercial activities on the Internet. The copying and distribution of the template of these Terms and Conditions of Sale without the consent of the Contractor of the work is prohibited and may be subject to both criminal and civil liability.

 

Shop regulations until 31/12/22