1. Seller - company operating under the company name CREATIVE Mateusz Kania having its registered address in Wrocław (ul. Piesza 2/20, Wrocław 51-109), NIP tax identification number 6842617508, REGON state statistical number 365622440, WINTERTAL Online Shop Customer Service Office telephone number +48 668 574 687(fees charged as per the operator's rates), e-mail address: email@example.com.
enables Users to become acquainted with the Goods offered by the Shop. Through the Shop, the Seller makes available adequate system, ICT and technological tools to provide the foregoing services.
3. Shop Website the website available at https://wintertal.com.
4. Terms and Conditions - these Terms and Conditions, setting out rules for the use of the Shop, in particular the rules for the conclusion of contracts of sale of the Goods offered by the Shop, the rules for performance thereof, and the rules of the complaint procedure.
5. User - a natural or a legal person, or an organisational unit without legal personality, who uses Shop functionalities.
6. Client - a User who has entered into contract of sale with the Seller.
7. Consumer – a User being a natural person and performing a legal action with the Seller that is not directly related to the business or professional activity thereof, in particular entering into a contract of sale through the Shop.
8. User Account - each User's individual panel activated therefor by the Seller (following User registration and conclusion of a contract for the provision of the User Account operation service), storing the data provided by the User upon User Account registration, with the establishment of a User Account not being required to use the Shop, including to view the Shop's offer and to place orders.
9. Goods - movables offered by the Shop that may constitute the subject matter of a contract of sale between the User and the Seller.
10. Contract of Sale - a contract of sale of Goods concluded between the User and the Seller through the Shop pursuant to the provisions of the Terms and Conditions.
11. GDPR - Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
12. Newsletter - service made available by the Seller and consisting in the provision of commercial information, in particular with respect to the offered products and services in the form of electronic messages (e-mails), by electronic mail to the User specified e-mail address.
2. On the Shop Website, the Seller presents Goods belonging in particular to the following categories: women's clothing, men's clothing, clothing accessories.
3. The Seller carries out the sale of the Goods through the Shop with the use of the Internet.
4. Upon the User's expression of will to be bound by a Contract of Sale (by means of placing an order) at the latest, the Seller shall provide the User, via the Shop Website, with information on the main features of the Goods; information on the Goods offered by the Seller, detailed descriptions thereof identifying the main features thereof is provided under each of the Goods displayed on the Shop Website.
5. The User shall use the Shop without disrupting its operation, in compliance with the law, provisions of the Terms and Conditions, morality and respect for the rights and personality rights of others. The User shall be prohibited to provide illegal content.
1. The Seller provides information on matters related to Shop queries, including contracts of sale, at the following WINTERTAL Online Shop Customer Service Office telephone number: +48 668 574 687. The fee for one call shall be as per the operator's tariff.
2. The User may submit queries directed at the Seller directly via the Shop Website. To that end, the User shall select a contact form on the Shop Website, enter the required data enabling the Seller to provide answers in relevant fields of the query form and select required fields.
3. With respect to the fulfilment of the order placed, including the need to specify the details of the order placed, the Seller may contact the User via electronic mail or phone, with the latter only possible if the User has provided a contact phone number.
4. The Seller shall provide a functionality consisting in notifying the User of availability of specific Goods offered by the Shop; to receive the same, in the 'Product Availability Notification' window, the User shall:
1. Prices of Goods on the Shop Website are stated in EUR, USD and PLN, and they are gross prices, i.e. they include taxes, including the tax on goods and services (VAT), but they exclude the Costs of Delivery of the Goods.
2. The Costs of Delivery of the Goods include, among others, fees for postal services, and they depend on the form of payment selected by the Client and the value of the Prices of Goods in the order placed.
3. The final amount to be paid for the order placed shall include the Price of the Goods and the Costs of Delivery of the Goods.
4. The User shall be notified of the final amount to be paid on the Shop Website when placing the Order, also directly prior to and upon order confirmation and placement. They are the total costs that the User shall pay, including applicable taxes. The final amount to be paid shall be indicated in the message confirming order receipt.
5. The final amount to be paid indicated in the manner provided for item 4 shall not change.
1. The Seller provides services enabling the User to create a User Account on the Shop Website. Through the User Account, the Seller enables the User to use additional Shop functionalities following a single registration and each log in, with User Account registration and operation being free of charge.
2. User Account registration shall be voluntary, in particular in that the User may view the Online Shop offer and place orders without registering a User Account.
3. In order to create a User Account, on the Shop Website the User shall:
4. Alternatively to the method described in item 4, the User may also create a User Account on the Shop Website by purchasing Goods without registration, then the 'Create an account' option in the order summary view after selecting check-box indicating confirmation of their having read and accepted the Terms and Conditions of the Shop.
5. Following registration by the User, the Seller shall promptly send to the User's address for electronic correspondence provided thereby during registration an e-mail confirming registration of the User Account.
6. Upon receipt by the User of the e-mail confirming registration, a contract for the provision of the User Account operation service is concluded, with the services being provided free of charge for an indefinite period of time.
7. The Seller shall have the right to terminate the contract for the provision of the User Account operation service subject to a 14-day period of notice solely for important causes consisting in persistent violations by the User of the obligations thereof provided for in item I 5 of the Terms and Conditions, in the event of a prior request from the Seller to the User to stop violations, establishing an additional 14-day period therefor, and the User's failure to do the same within the said period.
8. A statement of termination of the contract for the provision of the User Account operation service may be submitted by the Seller to the e-mail address provided by the User.
9. The User shall have the right to terminate the contract for the provision of the User Account operation service at any time, without notice, for any reason and at no cost, in particular by sending the Seller an e-mail to the following address: firstname.lastname@example.org, requesting to delete the Account and indicating the electronic mail (e-mail) address registered with the Shop.
10. Expiry of the contract for the provision of the User Account operation service shall result in the blocking and deletion of the User Account, which shall not affect the rights of the User acquired prior to the expiry of the contract.
1. Within the framework of the Newsletter service, CREATIVE Mateusz Kania shall send information in the form of an-email, hereinafter referred to as the 'Newsletter', to the electronic mail (e-mail) address provided by the User. The Newsletter service shall be provided free of charge for an indefinite period of time.
2. The Newsletter shall contain information on the WINTERTAL brand product offer, new collections, current promotions, information on the opening of new Outlets, and other messages regarding the WINTERTAL brand and products offered thereby, including opinions, press releases, links to the WINTERTAL brand's friendly websites.
3. Each Newsletter shall contain:
4. The use of the Newsletter service shall depend on the User having a computer or another multimedia device with access to the Internet, and on the User having an active electronic mail (e-mail) account.
5. The User may order the Newsletter service by performing the following registration steps at http://wintertal.com in the 'NEWSLETTER' field:
6. Pressing (clicking) the link confirming registration shall add the User's electronic mail (e-mail) address to the e-mailing list. The User's electronic mail (e-mail) address shall be used to send Newsletters thereto.
7. Provision of the User's electronic mail (e-mail) address during registration shall be required to provide the Newsletter service.
8. The User may, at any time, for any reason and at no cost, change the previously specified electronic mail (e-mail) address whereto the Newsletter is sent, resigning from the previously provided Newsletter service by pressing (clicking) the 'Unsubscribe from the Newsletter' link provided in the footer of each Newsletter and then re-order the Newsletter service by performing the registration steps described in detail in item 6 hereinabove, specifying the User's new electronic mail (e-mail) address in the form available at https://wintertal.com, in the 'NEWSLETTER' field.
9. The User may, at any time, for any reason and at no cost, resign from the Newsletter service, in particular by means of :
10. Within the framework of the Newsletter service provision, the User shall not provide or transfer illegal content.
2. In order to place an order directly on the Shop Website, the User shall:
3. Orders shall be fulfilled in the order of the placement thereof.
4. The User placing an order shall be interpreted as making the Seller a proposal to enter into a contract of sale of the Goods being the subject matter of the order.
5. Detailed information on ways of placing an order is available on the Shop Website, within the footer located in the 'Customer Service': 'Order Placement' block.
1. Upon the User placing an order, the Seller shall send an electronic mail confirming order receipt and contract conclusion to the User specified electronic mail address.
2. A contract of sale of Goods between the User as a Client and the Seller shall be concluded upon receipt of the foregoing electronic mail by the former.
3. Material provisions of the contract of sale of the Goods shall be recorded, secured, made available and confirmed by means of sending of the foregoing electronic mail containing attachments in the form of these Terms and Conditions, instructions on the right of withdrawal, and a declaration of withdrawal form.
1. The Seller shall provide the following methods of payment for Goods:
2. Goods ordered from the Shop shall be delivered:
3. The Seller shall commence fulfilment of the order placed immediately after sending a confirmation of the order placed by electronic mail and, in the event of selection of prepayment as the payment method, after the entire value of the Price of the Goods and the Costs of Delivery of the Goods has been credited to the Seller's bank account.
4. The time for fulfilment of the order placed shall be inclusive of the period wherein the Seller completes the Goods ordered and prepares the same for shipment.
5. The time for fulfilment of the order placed shall be 14 business days; it shall commence once the Seller commences fulfilling the same, and it shall end once the Seller forwards the parcel to the entity providing postal services and specified in item 2.
6. The time for fulfilment of the order placed shall be exclusive of the time of delivery of the Goods that covers the period from the parcel delivery to the entity providing postal services by the Seller to the moment of the parcel delivery to the Client by the said entity.
7. Detailed information on delivery of Goods, including the Costs of Delivery of Goods, has been provided in the 'Customer Service': 'Costs and time of delivery' block footer on the Shop Website.
8. Each parcel containing the Goods shall be appended with an accounting document in the form of an accounting note or a VAT invoice (subject to that the VAT invoice shall only be appended if the User requested delivery thereof).
A Consumer who has entered into a distance contract may withdraw therefrom within 30 days, for any reason and at no cost, save for the costs specified in the instructions on the right of withdrawal containing information on the manner of and time for exercising the right of withdrawal and the costs of returning articles to be paid by the Consumer in the event of withdrawal, constituting Annex 1 here to.
2. The Seller shall be held liable towards the Client for any defects of Goods according to the terms specified in applicable regulations, in particular Article 556 et seq. of the Polish Civil Code.
3. A complaint may be filed by the Client in any manner sufficiently revealing the will thereof.
4. In order to facilitate the same, the Seller:
The Client shall not be obligated to use or observe the foregoing recommendations of the Seller or the complaint notification procedure described on the Shop Website, and non-use thereof shall not have an impact on the effectiveness of complaints submitted irrespective of the recommended description of the complaint.
5. Complaints relating to services provided by the Seller electronically may in particular be submitted by sending an e-mail to email@example.com
6. The Seller shall examine every complaint and express their opinion thereon by immediately providing a reply specifying the manner of handling the same, not later however than within 14 days of the date of complaint submission. The User shall be notified of the manner of handling the complaint in the manner provided for in the complaint notification.
7. In the event of any deficiencies in the submitted complaint, the Seller shall request the client to remedy the same in accordance with the Client's contact data indicated therein.
1. To use the shop, inclusive of viewing the Shop offer, the User shall require an end device with Internet access and the Internet Explorer, Mozilla Firefox, Opera, Google Chrome or Apple Safari web browser.
2. Moreover, in order to place orders, the User shall require an active e-mail account .
1 CREATIVE Mateusz Kania shall be the controller of the personal data (in the meaning of Article 4 (7) of the GDPR) of Users using Shop functionalities.
2. The Seller has appointed a Data Protection Supervisor (DPS) who may be contacted in matters concerning personal data protection and the exercise of the rights related thereto. To that end, the User may contact the Data Protection Supervisor by means of electronic mail at firstname.lastname@example.org, or by means of traditional mail at CREATIVE Mateusz Kania, ul. Piesza 2/20, Wrocław 51-109 (annotated with 'Data Protection Supervisor (DPS)).
3. Users' personal data may be processed for the following purposes and based on the following legal grounds:
4. Users' personal data may be disclosed to the following categories of recipients:
5. Users' personal data may be transferred by the Seller outside the European Economic Area (EEA) as part of using subcontractors' services (out of the categories of recipients referred to in item 4 hereinabove). In such case, the Seller shall ensure legally required personal data protection measures, namely (depending on the case): i) provision to a subcontractors located in a third country in respect whereof a decision has been made, finding an adequate level of protection in accordance with the requirements of Article 45 of the GDPR; ii) data are provided on the basis of a data transfer agreement with a subcontractor that has been based on the Standard Contractual Clauses adopted by a decision by the European Commission; iii) data are provided within the framework of binding corporate rules applied by the subcontractor and referred to in Article 47 of the GDPR; 47, and iv) data are provided to a subcontractor participating in the Privacy Shield. For more information on the Seller's security measures associated with the transmission of data outside the EEA can be obtained by contacting the Data Protection Supervisor appointed by the Seller.
6. Apart from the foregoing instances, Users' personal data may be transferred outside the EEA only in those cases wherein a specific User is ordering from a country located outside the EEA and expected the goods ordered to be delivered to the said country. In such case, the Seller shall transfer the User's personal data outside the EEA solely to properly fulfil the order placed and deliver the same to the address specified therein, in accordance with the User's request.
7. Personal data obtained shall be stored by the Seller throughout the period of performance of the Contracts of Sale concluded, until they are correctly settled, and throughout the period of Shop service provision (to Users) for the period of agreements on the provision of services by electronic means; moreover:
8. The Seller shall provide each User with the right to exercise all of their rights under the GDPR, i.e. the right to request access to the personal data thereof, the right to rectify, delete or demand restriction of processing thereof, the right to data transfer, and the right to object to the processing thereof, on the terms and in the cases provided for in the provisions of the GDPR.
9. In the case of the Seller processing personal to realise a legitimate interests thereof (specified hereinabove), each User shall have the right object to data processing for reasons relating to a specific situation thereof.
10. Data processed to realise a legitimate interest consisting in the Seller carrying out direct marketing shall be processed solely until objection to this form of processing. The User shall have the right to object to the processing of the personal data thereof for direct marketing purposes, including profiling, at any time.
11. In the event of the Seller processing personal data pursuant to a consent given by the User, any individual shall have the right to withdraw the consent to the processing of the personal data thereof at any time, which shall not affect legality thereof preceding the withdrawal.
12. Provision of personal data with respect to:
13. The Seller shall not conduct User data processing operations in an automated manner resulting in decisions having legal effects thereon or similarly and significantly affecting the situation thereof. Possible automated data processing, including profiling, shall be used solely to analyse and forecast individual preferences of Users using the Shop.
14. Any individual personal data whereof are processed by the Seller shall have the right to file a data processing related complaint with the supervisory body, i.e. the Inspector General for Personal Data Protection; as of the entry into force of the new act on personal data protection, with the legal successor thereof, i.e. the Head of the Office For Personal Data Protection having its registered address at ul. Stawki 2, 00-193 Warsaw.
1. The consumer can use extrajudicial methods for handling complaints and bringing claims. The rules for access to these procedures are available at the premises or on the websites of entities authorised to carry out extrajudicial dispute resolution, such as, in particular, consumer ombudsmen or the Voivodeship Inspectorates of the Trade Inspection, a list whereof is available on the website of the Office of Competition and Consumer Protection at http: //www.uokik.gov.pl/.
2. The authorised entity having jurisdiction over the registered address of the Seller in the meaning of Article 31 (1) of the Act dated 23 September 2016 on extrajudicial consumer dispute resolution shall be (in accordance with the list made available on the website of the Office of Competition and Consumer Protection https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php) Trade Inspection - Małopolskie Voivodeship Trade Inspector in Cracow. The website address of the authorised entity is as follows: www.krakow.wiih.gov.pl.
3. An online platform for EU consumer - entrepreneur dispute resolution (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking extrajudicial resolution of disputes concerning contractual obligations arising from online contracts of sale or agreements for the provision of services.
1. The Terms and Conditions shall be made available on the Shop Website at https://wintertal.com in a form enabling obtainment, viewing and recording of the same with the User's ICT system.
The Terms and Conditions shall also be sent in a form enabling obtainment, viewing and recording thereof by the User to the e-mail address provided thereby in the event of entering into an agreement for the provision of services by electronic means, or a contract of sale of Goods through the Shop, with the Seller.
2. Provisions hereof are not designed to restrict or exclude any Users' rights under the law. The Seller shall respect any and all Users' rights stipulated in applicable laws, in particular those stipulated in the provisions of the Act dated 23 April 1964 - the Polish Civil Code, and the Act dated 30 April 2014 on consumer rights.
3. The Seller stipulates the right to amend these Terms and Conditions for important reasons covering:
4. Each User shall be informed of the content of the amendments to the Terms and Conditions by means of information made available on the Shop Website at https://wintertal.com.
5. A User having a User Account shall be notified of an amendment to the Terms and Conditions by means of sending information on the same to the electronic mail address thereof. A User using the Newsletter service shall be notified of an amendment to the Terms and Conditions by means of sending information on the same to the electronic mail address thereof.
6. Amendments hereto shall not enter into force with respect to a particular User earlier than following 7 calendar days of the date of their having been informed of the same in the proper manner.
7. In the event of an amendment hereto, contracts and agreements concluded prior to the date of entry into force of the same shall be performed pursuant to the Terms and Conditions in the wording applicable on the date of conclusion thereof.