TERMS AND CONDITIONS
The owner and the administrator of the CITY DONNA Online Store available on the website: www.citydonna.com (hereinafter referred to as the „Store”) is:
CD FASHION ÖMER ATASEVEN, a limited liability company registered according to the law of Poland, with its registered office at 67b/2 Graniczna Street, 93-428 Łódź, Poland, entered into the Central Register and Information on Economic Activity (CEIDG), NIP: 7251994289, represented by the owner Mr Ömer Ataseven (hereinafter referred to as the „Administrator„).
These Terms and Conditions define the rules of concluding transactions in the Online Store, both by the Consumers and by the professional entities registered as entrepreneurs.
- The Administrator – the owner of the Online Store, responsible for running, updating and operating the website www.citydonna.com and the execution of orders, being at the same time an administrator processing personal data of customers for the purposes of concluding and executing sales transactions in the Store, as well as preparing billing documentation, promotion, marketing and information activities;
- The Customer – a natural person with full or limited legal capacity, or a legal person or an organizational unit without legal personality, but having legal capacity, making purchases in the Store;
- The Customer Account – a database with the information about the Customer, containing personal data identifying the Customer, used to fulfill the Customer’s orders and the history of the Customer’s orders. Registering a Customer Account is voluntary;
- The Customer Service Department – representatives / employees of the Administrator authorized to contact the Customer directly, for the purpose of performing the purchase agreement, delivering products and services provided in the Store and providing direct assistance and information to Customers in placing and processing the order;
- Order Fulfillment Time – the time from placing the order by the Customer, in which the Store will complete the order, until the delivery to the carrier performing the form of delivery selected by the Customer, taking into account only working days;
- The Personal Data – data of the natural person, identifying the identity of the Customer, voluntarily provided to the Administrator in the form of name, surname / company name, address or registered office, NIP, REGON, KRS, e-mail address and telephone number (depending on the Customer’s will), registered in the Customer’s Account or provided once, processed for marketing purposes and / or to ensure the possibility of selling and delivering products, pursuant to art. 6 clause 1 lit. f) the regulation on the protection of personal data of 27th April 2016 (GDPR). Withdrawal or lack of consent to provide and process personal data can make the transaction impossible to carry out and execute, including the delivery of goods and issuing an invoice in accordance with the provisions of the Taxation Acts (according to VAT regulations);
- Working Days – all days of the week from Monday to Friday, excluding public holidays.
- GENERAL RULES:
- The CITY DONNA Online Store is purchasing the goods on the Internet in accordance with the rules of these Terms and Conditions. The Administrator is not responsible for the correct working and availability of the website on individual devices used by the Customers.
- Information about the purchased goods and services, as well as the rules of the Order Fulfillment, rights and obligations of the Parties are provided by the Administrator through a written information on the website or directly by contacting the Customer Service Department.
- It is recommended to read the content of those Terms and Conditions before placing an order, which may facilitate the efficient and correct course of transactions made in the Store.
III. REGISTRATION OF THE CUSTOMER ACCOUNT:
- The Customer can make a purchase through a registered Customer Account or without registering. There is no obligation to register and create a Customer Account, each time providing the necessary data at the stage of ordering.
- Regardless of the consent or disagreement to record data on the Customer Account, the Customer who places an order and wants to make a purchase must provide data enabling the delivery of goods or issuing a settlement document.
- Registering the Customer Account is recommended in particular for the Customers who make more frequent or wholesale purchases. The Customer may set up a Customer Account at any time with the first or each subsequent purchase by completing the form available on the Store’s website in the „Registration” tab.
- Having the Customer Account facilitates, among others checking the current order status and speeds up the process of placing subsequent orders.
- In order to register the Account, the Customer must provide an email address, specify a password for the Account and accept the Store Terms and Conditions.
- The Customer’s login and password are confidential and are determined by the Customer. These data should not be disclosed or made available to third parties in any form. The account is activated by the Administrator no later than the next working day from the moment of providing the Customer’s data and verifying the email address.
- Collecting the Personal Data from the Customer is not necessary to conclude and perform the purchase agreement, however, the lack of contact is needed for the purpose of delivering the goods. The Personal Data of the Customer are necessary to issue an invoice and are specified in the VAT Taxation Act. Without providing this data, it is not possible to issue a VAT invoice.
- Refusal to provide a telephone number and / or email address does not constitute an obstacle in concluding a purchase agreement with the Customer, but may significantly complicate its implementation. It is not possible to create a Customer Account without providing an email address.
- If the Administrator plans to process the Customer’s Personal Data for a purposes other than the purpose for which the Personal Data were collected, before proceeding to such processing, the Administrator will inform the Customer about this purpose and provide all relevant information.
- The Administrator is not obliged to transfer the Customer’s Personal Data outside the EEA area including the European Union, Norway, Liechtenstein and Iceland, and in the event of such intentions, the Administrator will provide such information to the Customers.
- In order to maintain the security of the Personal Data and limit the risks associated with unauthorized access to the Account, the Customer should:
- log out of the Customer Account after the session is over (simply closing the browser is not sufficient), do not leave the device unattended after logging in to the Customer Account;
- keep the login and password to the Customer Account secret, and not disclose it to other people;
- use the Store’s services only through trusted devices, i.e. computer, tablet, mobile phone, with updated anti-virus programs and operating systems;
- avoid remembering data (as login and password) in specific on foreign computers;
- avoid using the Store website via an open network and / or the network of an unknown provider.
- PLACING ORDERS:
- Orders from the Customers in the Online Store can by submitted via the Internet system for 24 hours a day, 7 days a week.
- Contact with the Customer Service Department is possible only on the business days, from Monday to Friday from 9.00 a.m. to 5.00 p.m. Contact details are available in the „Contact” tab.
- The information posted on the Store’s website does not constitute an offer within the meaning of the Civil Code, but only an invitation to submit offers.
- By sending an order to the Store, the Customer agrees to conclude a sales contract for the ordered goods or services. The Store sends back the information to the e-mail address provided by the Customer for the purpose of verification by the Customer of the placed order. After that the Customer Service Department sends an order confirmation to the e-mail address provided by the Customer, which confirms the conclusion of the purchase agreement. The Store has the right to ask the Customer to confirm the order, in particular for each transaction, in order to prepare a pro forma invoice and accept it.
- To place the Order correctly, the Customer takes the following steps:
- selects the type, quantity and characteristics of the goods,
- selects the method of delivery and payment,
- log into the Customer Account (if he has any) in order to provide the Administrator with the data necessary to carry out the delivery process or without logging into the Customer Account – submitt the contact details necessary to complete the order and issue an invoice, including in particular: name, surname / the Customer’s name, delivery address and the address to which the VAT invoice should be issued (these can be different addresses), voluntarily also e-mail address and contact telephone number.
- After placing the order, the Store provides the Customer with a confirmation of the purchase, which will be sent to the email address provided by him.
- In case of unavailability of the goods covered by the Customer’s order (all the goods) in the Store’s warehouse, the Customer Service Department will notify the Customer of this fact immediately and return the paid amount to the Customer. The notification will be sent to the email address provided by the Customer in the order form.
- In case of unavailability of some of the goods covered by the Customer’s order in the Store’s warehouse, at the Store’s suppliers or for other reasons preventing the implementation of the order within the time provided for in this order, the Customer Service Department will notify the Customer of this fact immediately. The Customer will have the following options:
- partial implementation – the Customer’s choice of this option results in the fulfillment of the order for only available goods and the Store is being released from the obligation to perform an order for unavailable goods,
- cancellation of the entire order – the Customer’s choice of this option releases the Store from the obligation to complete the order and the Store will return the amount paid by the Customer.
- A limited number of goods is intended for promotional sales and sales. Such orders are processed in the order in which confirmed orders are received, until the stocks covered by this form of sale are exhausted.
- The Customer can make changes to the order or cancel it during the Order Processing Time, but only until the goods are released to the carrier. Changes can be made by contacting the Customer Service Department via e-mail or by phone (contact details are included in the Contact tab).
- PRICES OF GOODS
- All the prices of goods are posted on the Store’s website – are given in PLN currency, include all taxes, do not contain information on delivery costs and include discounts granted to the Client.
- The price given for each good is binding from the moment when the Customer places the order. Before finalising the order, the Customer is being informed about the total price of the ordered goods, including taxes, as well as any fees for the delivery and any other costs related to the order.
- The prices given on the website relate to the offer of the Online Store and apply to orders placed via the Online Store.
- The Store reserves the right to change the prices of goods, to carry out and cancel promotional campaigns and sales, or to make changes in their terms and conditions. The above mentioned right of the Store does not affect the prices of goods in orders which were placed before the effective date of the price change, terms of promotional campaigns or sales.
- Promotions in the Store cannot be combined, unless the promotion terms provide otherwise.
- Delivery costs are not included in the prices of the goods. The goods are delivered in the manner chosen by the Customer and specified in the order. The current table containing information on delivery costs is available in the „Delivery costs” tab.
- The Customer may choose one of the following forms of payment for the ordered goods (with delivery in Poland):
- The Prepayment – the ordering process will be completed after the payment of the full amount indicated in the calculation of the costs. The payment process will be finalised when the Store will receive the confirmation of the transaction from the payment service provider and in the case of a bank transfer – after the payment will be credited on the Store’s account; or
- Cash on delivery – the payment will be made to the carrier, upon the delivery of the goods.
- TIME OF COMPLETION AND SENDING THE ORDER:
- The Store offers goods that are usually ready to send to the Customer within 2-5 business days from accepting the order and / or receiving the payment.
- In order to make sure that a given product is currently in stock or to arrange a delivery date, we recommend contacting the Customer Service Department. The order for a couple of goods with different shipment times will be sent when the entire order will be completed.
- On the territory of Poland, the order may be delivered, at the Customer’s choice:
- via the Polish Post (“Poczta Polska”);
- a courier company;
- it is also possible to collect the goods in person at the following address:
City Donna ul. Rzemieślnicza 20, 95-030 Rzgów.
- Foreign shipments can be sent via courier company to the countries, where the courier company provides services. Foreign shipment must be reported each time at the stage of placing the order. The Store will determine the possibility of transport and the cost of transport. The delivery price will be determined individually depending on the country and size of the shipment.
VII. COMPLAINTS / RETURNS:
- After delivery of the order, the Customer should check the condition of the package. In case of any damage / tampering with the packaging, or if the delivered order is incorrect, the Customer should draw up a damage report in the presence of the courier or other employee of the shipping company / post office. The damage report should be sent to the Store along with the complaint, as it may facilitate the consideration of the complaint.
- If the received goods are having defects the Customer may use the Warranty Rights. The Customer is entitled to use the rights for 2 (two) years from the date of delivery of the goods. In this case the Customer has the right to submit a complaint via the Complaint Form (hereinafter referred to as the “Form”) available on the website or by direct e-mail contact. It is recommended to contact the Customer Service Department directly for more information.
- The Customer should notify the Store about the defect immediately, but each time no later than within 7 days from the date of finding the defect.
- The Customer should send back the goods to the address of City Donna:
20 Rzemieślnicza Street, 95-030 Rzgów.
- The returned goods should be sent together with the Form mentioned above, available on the website. The Form can be also delivered via email as a signed scan. It is also important to submit the document confirming the purchase, e.g. a copy of a fiscal receipt /invoice. This is recommended because it will significantly facilitate the identification of the Customer and the purchase transaction data in the Store’s system, and will speed up the time to recognize the complaint.
- The Store will recognize the complaint and inform the Customer about further proceedings no later than 30 days from the date of receipt of the shipment with the returned goods. The costs incurred by the Customer related to the purchase and returning of the goods will be transferred by the Store to the Customer if the complaint will be considered positive. It may take about 14 working days.
VIII. THE CONSUMERS RIGHTS:
- The Customer (only natural person, acting privately not as an entrepreneur), who is the Consumer within the meaning of the provisions of applicable law and who purchases the goods via the Online Store has the right to return the goods within 14 days from the date of the delivery, without giving the reason for the return, even if the goods are not defective.
- The Consumer may withdraw from the purchasing agreement by submitting to the Store a declaration of withdrawal. To meet the deadline for withdrawing the agreement, it is enough for the Consumer to send a written statement before the expiry of this period. The statement may be sent by traditional mail in paper or by email to the Store – the contact details are available on the website at the Contact tab.
- If the Consumer sent the declaration by email, the Store will send the Consumer the confirmation that the declaration of withdrawal is submitted.
- The rules of returning the goods to the Store:
- In case of withdrawal, the Agreement shall be deemed as it hasn’t been concluded;
- The Consumer shall return the received goods to the Store, in not deteriorated condition, without signs of use or damages.
- The Consumer should ensure that the parcel is properly secured so that the goods won’t be lost or accidentally damaged.
- The Consumer should return the goods to the Store’s address:
City Donna, 20 Rzemieślnicza Street , 95-030 Rzgów
before the expiry of the 14-days period, from the date of submission of the declaration of withdrawal, or if he sends the declaration together with the returned goods, from the date of receipt of the goods from the Store.
- The Consumer bears the direct cost of returning the goods. If the Store determines that the returned goods have features of use and any damages – the right to withdraw from the Agreement is not available. The goods will be returned to the Consumer at his expense and the costs incurred by him related to the purchase and returning of the goods will not be refunded.
- After receiving the return of the goods from the Consumer and finding that the goods are in proper condition, the Store will return to the Consumer immediately, not later than within 14 days from the date of receipt of the goods, all payments made by him, including the costs of delivering the goods (except for additional costs resulting from the delivery method chosen by the Consumer, other than the cheapest standard delivery method offered by the Seller). The reimbursement will be made by the Store using the same payment methods that was used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him or for the Store.
- DISPUTE SETTLEMENT:
- Detailed information on the the rights, procedures and possibilities for the Consumers to use the means of dealing with complaints are available at the offices and on the websites of local consumer’s ombudsman, social organizations whose statutory tasks include consumer’s protection, the Trade Inspection and at the office of Competition and Consumer Protection Officer.
- The Consumer has the following exemplary possibilities of using out-of-court complaint and redress methods:
- The Consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148), with a request to settle a dispute arising from the Agreement concluded with the Store.
- The Consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with Art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Store.
- Any disputes that couldn’t be resolved amicably will be recognized in accordance with the provisions of Polish law by the competent common courts, according to the address of the Store Administrator, and in the case of matters with the Consumer – according to the Consumer’s choice.
- FINAL PROVISIONS:
- The Store reserves the right to make periodic changes to the Terms and Conditions for important reasons such as: changes in the law, changes in payment and delivery methods, changes in prices and taxation of goods. The Customer is bound by the updated version of the Terms and Conditions, valid on the day of placing the order in the Store.
- It is recommended to the Customers to read the content of the Terms and Conditions, current as of the date of ordering.
- In matters not covered by these Terms and Conditions, all generally applicable Polish legal regulations shall apply, in particular: the Civil Code; the act on the provision of electronic services, the act on consumer rights, the act on the protection of personal data and others.