Terms of service

TERMS AND CONDITIONS OF THE CH-UNITY ONLINE STORE

 

1. General provisions

  1. These regulations (hereinafter: "Regulations"), Specifies the terms and conditions of using the CH-UNITY online store operating at the internet address: https://store.ch-unity.com/ (hereinafter:"Shop”).
  2. The regulations are the regulations referred to in Art. 8 of the Act of July 18, 2002 on the provision of electronic services (hereinafter: "Act on the provision of electronic services”).
  3. The online store is owned by Agnieszka Dębecka-Murzyniak, running a business under the name: WZORCOWNIA with its registered office in Łódź at ul. Franciszkańska 112a, 91-845, entered into the Central Register and Information on Economic Activity, with NIP: 7262512911, REGON number: 1-014-941-13, (hereinafter: "Dealer”).
  4. Contact with the Seller is possible via:
    • by e-mail - at: welcome@ch-unity.com
    • traditional mail - at the address:
      CH-UNITY Agnieszka Dębecka-Murzyniak,
      ul. Franciszkańska 112a, 91-845 Łódź;
    • telephone - at the number: +48 505 402 242
  5. As part of the activities performed, the Seller sells Products that can be purchased by Buyers using the Store, and provides the services indicated in the Regulations by electronic means.
  6. Information about the Products available in the Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a sales contract within the meaning of art. 71 of the Act of 23 April 1964 Civil Code (hereinafter: "Civil Code”).
  7. Before using the Store, the Customer is obliged to read the Regulations and the Privacy Policy.

 

2. Definitions

  1. Working day - a day which is not a day off from work within the meaning of the provisions of the Act of 18 January 1951 on public holidays;
  2. Customer - User or Buyer;
  3. Civil Code - the term defined in § 1 sec. 6 of the Regulations;
  4. Consumer - a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity;
  5. Account - a panel created in the IT system of the CH-UNITY Store, enabling the User to use its functionality, in particular to purchase Products;
  6. Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who concluded a Sales Agreement with the Seller or took steps to conclude it;
  7. privacy policy - a document containing information on the processing of personal data by the Seller;
  8. Product - clothing products and accessories available at the CH-UNITY Store, which can be purchased by the Buyer;
  9. Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, which special provisions grant legal capacity, conducting business or professional activity on its own behalf;
  10. Entrepreneur with Consumer rights - a natural person running a business or professional activity on his own behalf, who concluded an Agreement with the Seller directly related to his business activity, but not having a professional character for that person, resulting in particular from the subject of his business activity;
  11. Regulations - the term defined in § 1 sec. 1 of the Regulations;
  12. Dealer - the term defined in § 1 sec. 3 of the Regulations;
  13. Agreement - Sales Agreement or Account Service Agreement;
  14. Agreement for the provision of the Account Service - an agreement for the provision of electronic services within the meaning of the Act on the provision of electronic services, the subject of which is the free creation and maintenance of an Account by the Seller for the benefit of the User for an indefinite period;
  15. Sales agreement - a sales contract within the meaning of the Civil Code, the subject of which is the sale to the Buyer of the Product selected by him available in the Store;
  16. Consumer Rights Act - the Act of May 30, 2014 on consumer rights;
  17. Act on the provision of electronic services - the term defined in § 1 sec. 2 of the Regulations;
  18. User - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who concluded an Agreement with the Seller for the provision of the Account Service or took steps to conclude it;
  19. Order - the Buyer's statement to the Seller, which specifies the number and type of Products that the Buyer wants to purchase.

 

3. Technical requirements

  1. For the proper use of the Store by customers, it is necessary to collectively:
    • connection to the Internet;
    • having devices that allow you to use the resources of the Internet;
    • using a web browser that allows displaying hypertext documents on the screen of the device, linked to the Internet by a web service, and supports the JavaScript programming language, and accepts cookies;
    • having an active e-mail account.
  2. As part of the CH-UNITY Store, it is forbidden for customers to use viruses, bots, worms or other computer codes, files or programs (in particular those automating the processes of scripts and applications or other codes, files or tools).
  3. The Seller informs that it uses cryptographic protection of electronic transfer and digital content by using appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing the data, including SSL encryption, the use of access passwords and anti-virus programs or against unwanted software.
  4. The seller informs that despite the use of the security referred to in paragraph 3 above, the use of the Internet and services provided electronically may be at risk of getting into the ICT system and the Customer's device, malicious software or gaining access to data on this device by third parties. In order to minimize this threat, the Seller recommends the use of anti-virus programs or measures to protect identification on the Internet.

 

4. Rules for using the Store

  1. The Customer is obliged to use the CH-UNITY Store in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good manners.
  2. The provision of illegal content by the Customer is prohibited.

 

5. Creating an Account

  1. In order to create an Account, the User should perform the following steps:
    1. enter the website of the CH-UNITY Store;
    2. click on the "create account" tab and then "sign up";
    3. enter the following mandatory data in the displayed form:
      • name,
      • name,
      • e-mail address,
      • created account password,
    4. it is mandatory to check the checkbox next to the declaration of reading the Regulations and the Privacy Policy and accepting their provisions;
    5. optionally - check the box next to the declaration of consent to receive commercial information from the Seller about new products, promotions and events, sent via e-mail;
    6. click "create an account".
  2. The User gains access to the Account immediately after clicking the "create an account" option.
  3. By clicking the "create an account" option, the User concludes an Agreement for the provision of the Account Service.
  4. After creating the Account, the User may supplement the mandatory data stored on it with the following optional data:
    1. address;
    2. Phone number;
  5. By means of the Account, the User may, in particular, store his data and view the placed Orders.
  6. The User may at any time and without giving any reason terminate the Agreement for the provision of the Account Service with immediate effect by deleting the Account. For this purpose, he should contact the Seller by e-mail.
  7. If the User uses the Account in a manner inconsistent with generally applicable law, the provisions of the Regulations or good practice, as well as the User provides illegal content, the Seller may block the Account, which is tantamount to his termination of the Agreement for the provision of the Account Service with with a notice period of 14 days. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted.
  8. Blocking or deleting the Account does not affect the performance of the Sales Agreements concluded by the User before blocking or deleting the Account.

 

6. Purchase of Products

  1. The prices of the Products available in the Store are impressed in Polish zlotys (PLN) and constitute the gross value (they include all mandatory price components, including VAT due).
  2. The Buyer may purchase Products both after creating an Account and without creating it. In the case of creating an Account, the Buyer should log in to it before starting shopping.
  3. In order to purchase the Product, the Buyer should perform the following steps:
    1. enter the Store's website;
    2. enter the tab of the selected product and click "add to cart";
    3. enter the "basket" tab and click "order";
    4. in the displayed form, enter or select the following data:
      • name,
      • name,
      • Phone number,
      • e-mail address,
      • delivery address (street, house number, apartment number, city, postal code, country),
      • Delivery method,
      • payment method,
      • NIP (if the Buyer is an Entrepreneur or Entrepreneur with Consumer rights);
    5. it is mandatory to check the checkbox next to the declaration of reading the Regulations and the Privacy Policy and accepting their provisions;
    6. if the Buyer is an Entrepreneur or Entrepreneur with Consumer rights - select the appropriate checkbox next to the declaration of the nature of the concluded sales contract (professional or non-professional);
    7. optionally - check the box next to the declaration of consent to receive commercial information from the Seller about new products, promotions and events, sent via e-mail;
    8. click "buy and pay" and then pay for the Product in accordance with the selected payment method.
  4. The Buyer may choose one of the following methods of Product delivery:
    1. courier delivery;
    2. InPost parcel locker
    3. InPost courier
    4. personal collection at the address: ul. Franciszkańska 112a, 91-845 Łódź
  5. Payment for the Product may be made by the Buyer:
    1. by bank transfer to the Seller's bank account:
      Agnieszka Dębecka-Murzyniak
      83114020040000370277529009
    2. by transfer using the Przelewy24 Mollie payment system (including BLIK, online payment via a selected bank, card payment, PayPal);
    3. in cash upon receipt of the Product delivered by the courier;
    4. in cash upon personal collection of the Product;
  1. Clicking the "buy and pay" option by the Buyer is tantamount to submitting an offer to purchase the Products covered by the Order.
  2. After placing the Order, the Buyer receives a confirmation of its submission to the e-mail address provided by him.
  3. If it is not possible to complete the Order, the Seller shall notify the Buyer about it by means of a message sent to the e-mail address provided by him. In the case referred to in the preceding sentence, no Sales Agreement is concluded between the Seller and the Buyer. If the Order referred to in this paragraph 8 has been previously paid for by the Buyer, the Seller shall promptly return all payments made by him.
  4. In the case of transferring the Order for execution, the Seller shall notify the Buyer about it by means of a message sent to the e-mail address provided by him. Upon receipt by the Buyer of the message referred to in the preceding sentence, the Sales Agreement is concluded between the Seller and the Buyer.
  5. Tracking - it is possible to track the shipment by the number of the waybill provided after the order has been processed
  6. If the placed Order, for which the Buyer chose the payment option for the Product before its delivery, is not paid within 2 days from the date of its submission, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 2 days from the date of ineffective expiry of the deadline for payment of the Order. The Buyer shall be informed about the Seller's withdrawal from the Sales Agreement and cancellation of the Order by means of a message sent to the e-mail address provided by him.

 

7. Execution of the Order

  1. If the Buyer has chosen the option of personal collection of the ordered Product, he may collect it at the following address: [ul. Franciszkańska 112a, 91-845 Łódź] within [7] days from the date of receipt of the message from the Seller confirming that the Product has been prepared for collection.
  2. In the event of failure to collect the Product by the Buyer within the time limit specified in paragraph 1 above, the Seller has the right to withdraw from the Sales Agreement within 5 days from the date of ineffective expiry of the deadline for receipt of the Product. The Buyer shall be notified of the Seller's withdrawal from the Sales Agreement by means of a message sent to the e-mail address provided by him. If, before the Seller withdraws from the Sales Agreement, the Buyer paid for the Product, the Seller returns all payments made by him immediately after the Seller withdraws from the Sales Agreement.
  3. The Seller sends Products to addresses located in the territory of the Republic of Poland / European Union / USA, Mexico, Canada, Australia.
  4. In the case of shipment to countries outside the European Union, the Buyer bears the cost of customs duties. Detailed information on the amount of fees payable can be found on the website of the Integrated Tariff of the European Communities (TARIC), which contains the current rates of fees payable: (http://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=) en & redirectionDate = 20110310).
  5. Product shipping costs are covered by the Buyer or the seller (depending on the order amount).
  6. The Product is shipped within 2-5 Business Days from:
    1. posting the payment for the Product on the Seller's bank account - if the Buyer makes a payment for the Product before its delivery;
    2. receipt by the Buyer of the message about the transfer of the Order for execution - if the Buyer chooses the option of paying for the Product upon its delivery.
  7. The Seller is obliged to deliver the purchased Product to the Buyer in a defect-free condition.
  8. The product delivered to the Buyer should be intact.
  9. If the Product is delivered by a courier or postal worker, the Buyer should check the Product in his presence. If the Product package is damaged, the Buyer should write a damage report and contact the Seller.

 

8. The right to withdraw from the Sales Agreement

  1. The provisions of this § 8 apply only to the Buyer who is a Consumer or an Entrepreneur with the rights of a Consumer.
  2. The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 days from the date of taking possession of the Product by him or a third party indicated by the Consumer, not being a carrier.
  3. The Buyer exercises the right to withdraw from the Sales Agreement by submitting to the Seller a declaration of withdrawal from the Sales Agreement (hereinafter: "Statement"). To meet the deadline for withdrawal from the Sales Agreement, it is enough to send the Statement before the deadline referred to in paragraph 2 above.
  4. The declaration may be submitted by the Buyer in any form, in particular on the form constituting Annex 2 to the Act on consumer rights. In order to improve the implementation of the right to withdraw from the Sales Agreement, the Seller recommends, however, submitting a Statement in the manner indicated in paragraph 5-7 below.
  5. The Buyer may submit the Declaration in the form of:
    1. electronic;
    2. paper
  6. If the Declaration is selected in electronic form, the Buyer should send by e-mail to the address indicated in paragraph 1. 4 lit. a of the Regulations, a message containing the following elements:
    1. Buyer's name and surname;
    2. e-mail address;
    3. correspondence address;
    4. a clear statement of withdrawal from the Sales Agreement;
    5. indication of the Products which the withdrawal from the Sales Agreement concerns;
    6. order number;
    7. date of placing the Order
  7. If the Declaration is selected in paper form, the Buyer should print and complete the form constituting Annex 1 to the Regulations, and then send it together with the Product to the address indicated in paragraph 10 below.
  8. The Seller shall send the Buyer a confirmation of receipt of the Statement immediately after receiving it, by e-mail.
  9. In the event of exercising the right to withdraw from the Sales Agreement, the Buyer should return the Product to the Seller within 14 days from the date of withdrawal from the Sales Agreement. To meet the deadline referred to in the preceding sentence, it is enough to return the Product before its expiry.
  10. The Product should be returned to the following address:

CH-UNITY Agnieszka Dębecka-Murzyniak
ul. Franciszkańska 112a,
91-845 Lodz

  1. The consumer bears the direct costs of returning the Product.
  2. The reimbursement of payments made by the Buyer takes place after the Seller receives the returned Product or proof of its return by the Buyer, whichever occurs first. The reimbursement is made using the same payment method that was used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different solution. The buyer does not bear the costs of returning the payment made.
  3. The Buyer is responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
  4. The Buyer is not entitled to withdraw from the Sales Agreement if:
    1. The product is a non-prefabricated item, manufactured according to the Buyer's specifications or serving to satisfy his individual needs;
    2. The purchased product shows signs of use, is damaged, stained, etc.

 

9. Complaints about the Products

  1. Based on Article. 558 § 1 of the Civil Code, the Seller's liability under the warranty towards Buyers who are Entrepreneurs or Entrepreneurs with Consumer rights is excluded. The further provisions of this § 9 apply only to the Buyer who is a Consumer.
  2. The Seller is liable to the Buyer under the warranty if the Product purchased by him has a physical or legal defect. The implementation of the Buyer's rights under the warranty takes place in accordance with the provisions of art. 556 and following of the Civil Code, subject to the provisions of this § 9.
  3. The Buyer submitting a complaint due to Product defects should send:
    1. a self-signed complaint declaration, constituting Appendix No. 2 to the Regulations;
    2. proof of purchase of the Product or its photocopy;
    3. Product covered by the complaint;

to the address:

CH-UNITY Agnieszka Dębecka-Murzyniak
Franciszkańska 112a street,
91-845 Lodz
  1. The Buyer who submitted a complaint and delivered the Product covered by it to the Seller, may request the Seller to reimburse the costs incurred for its delivery. In case of:
    1. accepting the complaint - the Seller shall immediately reimburse the Buyer for the costs of delivering the Product covered by the complaint;
    2. failure to accept the complaint because it is unfounded - the costs of delivering the Product covered by the complaint are not refundable.
  2. The deadline for considering the complaint and responding to it is 14 days from the date of delivery of the Product and a correctly completed complaint statement to the Seller. Failure to reply within the time limit indicated in the preceding sentence is tantamount to recognizing the complaint by the Seller.
  3. The Seller shall reply to the complaint by e-mail to the Buyer.
  4. If it is not possible to remove a defect in the Product or replace it with a Product free from defects, the Seller shall inform the Buyer about the possibility of submitting a declaration of price reduction or withdrawal from the Sales Agreement. Depending on the Buyer's choice, the Seller returns to the Buyer all or part of the price for the defective Product within 14 Business Days from the date the Buyer chooses one of the services offered by the Seller.
  5. The Buyer may not withdraw from the Sales Agreement if the Product defect is irrelevant.

 

10. Complaints about services provided electronically

  1. The User may submit a complaint in the event that the Seller provides electronic services in a manner inconsistent with the Regulations, which results in particular in the incorrect operation of the Store or any of its elements.
  2. The user submitting a complaint for the reasons indicated in paragraph 1 above, should be sent by e-mail to the address indicated in § 1 sec. 4 lit. a of the Regulations, a message containing the following elements:
    1. User's first and last name;
    2. e-mail address;
    3. description of observed irregularities.
  3. To the complaint referred to in paragraph 3 above, the provisions of § 9 sec. 5-6 of the Regulations above shall apply accordingly.

 

11. Seller's intellectual property

  1. All components of the Store, in particular:
    1. Store name;
    2. Store logo;
    3. photos and descriptions of Products;
    4. the principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases

- are subject to legal protection under the provisions of the Act of February 4, 1994 on Copyright and Related Rights, the Act of June 30, 2000 - Industrial Property Law and other generally applicable provisions of law, including the provisions of European Union law.

  1. Any use of the intellectual property of the Seller without its prior, express consent is prohibited.

 

12. Personal data protection

Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: https://store.ch-unity.com/policies/privacy-policy

 

13. Out-of-court dispute resolution

  1. The provisions of this § 13 apply only to Customers who are Consumers.
  2. The customer has the option of using extrajudicial means of dealing with complaints and redress.
  3. Detailed information on the possibility for the Customer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites:
    1. poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
    2. Provincial Inspectorates of the Trade Inspection;
    3. Office of Competition and Consumer Protection.
  4. The customer may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

 

14. Amendments to the Regulations

  1. The Seller may amend the Regulations in the event of:
    1. changing the subject of the Seller's activity;
    2. making a technical modification of the Store requiring the provisions of the Regulations to be adapted to them;
    3. the legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.
  2. Customers will be informed about the change in the Regulations by publishing its amended version on the Store's website, at least 14 days before the changes come into force. Within the time limit referred to in the preceding sentence, the amended version of the Regulations will be sent to Users by e-mail.
  3. The provisions of the then binding Regulations shall apply to Sales Agreements concluded before the effective date of the new Regulations.
  4. A User who does not agree to the amendment of the Regulations may terminate the Agreement for the provision of the Account Service by deleting the Account with immediate effect until the amendments to the Regulations enter into force. Failure to terminate the notice shall be deemed consent to the Seller providing electronic services in accordance with the amended provisions of the Regulations.

 

15. Final provisions

  1. The following attachments are part of the Regulations:
    1. Appendix No. 1 - Statement of withdrawal from the Sales Agreement;
    2. Appendix 2 - Complaint Statement.
  2. The current version of the Regulations is valid from: 01/01/2021