Terms & Conditions
§1. General provisions
1. These terms of use present the conditions for purchase in Store for Customers whose delivery address was specified as a place beyond the territory of the Republic of Poland.
2. The following notions in these terms of use have the following meaning:
Working days – all days of the week from Monday to Friday, excluding Polish bank holidays.
Customer – a person using Store, a natural person, with full legal capacity (therefore, in principle, at least of 18 years of age), a legal person or an organizational unit, not a legal person that is given their legal capacity by the law.
Consumer – a natural person that undertakes the legal act not directly related to their business of professional activity (Art. 22 of the Civil Code).
Customer account– collection of Customer information, as well as actions performed by Customer in Store (including customer data necessary for execution of submitted orders, order record, execution status of orders being processed).
Store or Internet store – Internet store operating at www.colien.pl, managed by Seller, through which Seller offers goods to Customers.
Seller - Jakub Chmielniak, conducting business activity under the company name of "LETHE Jakub Chmielniak", with its main office at Czajkowskiego Street No. 15, 43-300 Bielsko-Biała, NIP (Tax Identification Number): 937-24-97-177, Regon (National Business Registry Number): 241353364, Tel/fax +48 334867005, e-mail address info@colien.pl
Goods – merchandise available in Store.
3. Pricing in Store shall not constitute an offer as defined in the provisions of the Civil Code, but solely invitation to enter into a contract.
4. Prices in Store are given in Euro (gross, after adding any duties, VAT tax, and other taxes). Pricing does not contain shipping and payment cost - these costs are every time decided upon by Customer at the time of placing the order. The final price in relation to the contract for selling Goods is specified during the process of offer (order) placement, in accordance with §3 section 1 and 2.
5. Promotions in the online store www.silkymood.com cannot be combined. During the sale, the discount codes are not active.
§2. Account registration
1. Customers are offered the possibility of registration in Internet Store, which results in creating user Account.
2. Registration process means:
Customer filling in the registration form available on the Store website (the form presents itself when selecting appropriate Store subsite or when placing the order). It is required that at least the fields marked as obligatory be filled in. These are: name and surname or company name, address, shipping address (if different from user’s address), email address, and-in case of business activity- company name and NIP (Tax Identification Number), acceptance of the terms of use and cookie policy.
3. After filling in the registration form, Customer is sent a message via e-mail to the address provided during registration. Customer is requested to confirm the information by clicking on the attached link. Customer Account is established as soon as the confirmation process has taken place.
4. Customer is entitled to remove the Store account at any time by sending appropriate request at info@colien.pl.
5. Seller is entitled to terminate Account of a particular Customer also in case of the rule violations, especially when Customer:
Provided during registration in Internet Store inaccurate, outdated or invalid information that might be misleading or might infringe rights of third parties.
Through the Internet store committed an act of infringement of personal interests of third parties, especially personal interests of other Customers of the Internet Store
In such a case re-registration is not permitted.
6. Terminating Account shall not impact validity of earlier legal actions performed by Seller with Customer in Store.
§3. Product liability
1. Seller bears responsibility for faulty Goods in case of Customers who are Consumers in line with the conditions specified in the Law of 27 July 2002 on special conditions of consumer sales and on changes in the Civil Code, and in case of other Customers – in line with the conditions specified in the Law of 23.04.1964 r. – the Civil Code.
2. Faulty goods (complaints) might be submitted via e-mail at info@colien.pl or in writing at the Seller’s address provided in §1.
Customer shall, if possible, write the following in the content of the letter of complaint:
fault description, including, especially: what the fault is and when it was discovered.
the date of revealing the fault.
what Customer request is in connection with complaint submission.
However, lack of any of the above elements in the letter of complaint submitted by Customer who is Consumer shall not preclude consideration of the complaint. Sending complete documentation might, however, speed the proceedings.
§4. Personal Data
1. The Customer’s personal data will be processed by the Seller in compliance with generally applicable provisions (including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC – hereinafter referred to as GDPR), for the period of activities aimed at accomplishment of purposes, in relation to which the data have been collected.
2. The Seller processes Customers’ data for the purpose of:
a) performance of agreement on selection services, sale agreements of other agreements concluded according to the principles defined in this Regulation, in particular agreements in relation to registration of an Account or placement of orders. In such case, the data are processed based on execution of an agreement with the Customer or undertaking of activities required by the Customer before conclusion of an agreement (article 6 sec. 1 letter b of GDPR),
b) fulfilment of legal obligations imposed on the Seller, in particular in scope of maintenance of proper accounting documents (article 6 sec. 1 letter c of GDPR),
c) promotion of goods and own services, as well as preparation of specification, analyses and statistics and asserting claims. In this case, processing is based on the Seller’s legitimate interest (article 6 sec. 1 letter f of GDPR).
3. Regardless of the foregoing, the Seller may process the Customer’s personal data on the basis of voluntary, specific, aware and explicit consent expressed by the Customer (article 6 sec. 1 letter a of GDPR). In such case, the scope of processing will correspond to the contents of such consent. The consent may be withdrawn any time.
4. Disclosure of personal data by the Customer is voluntary in every case, provided that some data are necessary for the Seller to execute a sale agreement concluded via the Store.
5. The Customer’s personal data may be disclosed to third parties only if the Seller is authorised or obliged to do so by the legal provisions. Recipients of such data may include in particular: persons servicing the infrastructure or IT systems, subcontractors, persons who render services related to execution or improvement of the selling process (e.g. payment intermediaries, banks, advertising agencies, couriers or carriers), as well as consultants (e.g. in respect to accounting or legal services) and auditors.
6. Personal data will not serve as grounds for automated decision making, in particular in respect to profiling performed by the Controller.
7. Personal data will not be delivered to third parties (outside the European Economic Area).
§5. Technical requirements, prohibition of posting illegal content, complaints regarding Store operation
1. Through Store Seller provides Customers with the possibility of free use of the following e-services (within the meaning of the law of 18 July 2002 on providing e-services, Journal of Laws .2002.144.1204 as amended): making Store content available, concluding sale contracts for Good with Seller through Store in line with the conditions specified in these terms of use.
2. In order to use the above services Customer shall have at their disposal: a device that might be connected to the Internet and has an operating system, Internet connection, as well as an e-mail account.
3. The conditions of storing cookies by Seller on Customer’s devices, as well as Seller’s access to those cookies are specified by Cookie Policy which is attached to these terms of use.
4. Customer shall not use this Store to post content (e.g. comments) of illegal character – including content promoting violence or pornography or content infringing rights of a third party. Shall Seller receive any official notification or reliable information regarding illegal character of stored content provided by Customer, Seller might prevent access to this content.
5. Customer shall: not make use of Store in a way that interferes with its functioning, especially by the use of specific software or devices, not take actions such as: circulating or posting spam in the Internet store, use Internet store without causing inconvenience to other customers and Seller.
6. In case of dissatisfaction with Store operation, Customer is entitled to submit a complaint via e-mail at: info@silkymood.com. Customer shall be informed about the way of handling their complaint at the e-mail address it was sent from within 21 days from its receipt by Seller.
§6. Duration of the agreement
1. At the time of placing the order, the customer concludes a contract with the seller, which is valid from the moment of ordering until the product is delivered to the customer. The seller should take no more than 21 days to process the order.
2. The Customer, being a consumer, may withdraw from the contract of sale of the Good without giving any reason. The deadline to withdraw from the contract expires after 90 days from the day on which the Consumer takes possession of the Goods or from the day on which a third party indicated by the Customer, other than the carrier, comes into possession of the Goods.
3. In the case of withdraw of the contract of the sale of Goods:
a) The Customer should return the Goods to the Seller using the form located HERE, to the address ul. Czajkowskiego 15, 43-300 Bielsko-Biała immediately, and in any case not later than 14 days from the day on which he withdrew from the Contract for the Sale of Goods. The deadline is met if the customer sends the goods back within 14 days. The direct costs of returning the Goods are covered by the customer.
b) The Seller shall return to the Customer all payments received from the Customer immediately, and in any case not later than 21 days from the date of withdrawal from the contract of sale of the Goods by the Customer. The seller will refund payments using the same payment methods that were used by the customer in the original transaction, unless the customer expressly agrees to another solution. In any case, the Customer will not incur any fees in connection with this refund.
e) Due to hygiene reasons underwear cannot be returned. Of course, if there is a manufacturing fault with your garment you are welcome to the return the items back to store for a full refund. Goods whose return will not be accepted (sent after the required date, without tags or boxes, dirty, damaged) will be sent back at the Customer's expense.
4. If it is not possible to process the order within the time limit specified in paragraph 6 above, the Seller may inform the Customer about this by e-mail to the address provided when registering the Account or when placing the order and return the entire sum of money received to the Customer - unless the Customer agrees to extend the time of receipt of the Good. This applies in particular to Goods requiring adaptation to the individual needs of a particular Customer.
§7. Disputes
1. In the case of disputes arising from the regulations or the sales contract, the customer has the option of using out-of-court complaint consideration and redress methods.
2. All disputes can be resolved without involving the judiciary. The customer has the option of three other ways to resolve disputes:a) submitting an application to a permanent consumer arbitration court - a dispute is resolved by a referee judge,
b) submitting a request for mediation, e.g. to the chamber of commerce - a mediator resolves the dispute,
c) submitting a complaint via the ODR platform http://ec.europa.eu/consumers/odr/.
§8. Changes to terms of use
1. Seller is entitled to change the provisions of these terms of use. In such a case:
registered Customers shall be informed about the changes via e-mail at the address provided at registration – at least 14 days before the changes are in place,
registered Customers shall be asked for acceptance of changes of the terms of use next time they log in.
2. Lack of acceptance of the changes in the terms of use is equal to termination of the e-services contract, specified in §9 of these terms of use effective immediately and resulting in terminating Customer’s Account – subject to §10 section 3 below.
3. Changes of the terms of use shall not infringe the rights accrued by Customers; and they shall not impact the placed orders that shall be processed based on the existing terms of use.
§9. Contact
1. The customer can contact the online store via e-mail to info@colien.pl.
§10. Final provisions
1. The governing law applicable for these terms of use, as well as for all contracts concluded under this law (especially for sale contracts for Goods) is the law of the Republic of Poland.
2. In case of Customers who are Consumers whose permanent residence is European Union (except for Denmark) but outside of the Republic of Poland– section 1 is applied to the extent that it shall not exclude application of regulations applicable in the country of permanent residence of Consumer, the ones that shall not be excluded on the grounds of the contract (see Art. 6 of the Directive of the European Parliament and European Council of 17 June 2008 on the governing law applicable for contractual obligations [Rome I, Journal of Laws of .UE.L.2008.177.6]).
3. In the event a dispute arises based on these terms of use or contracts included in its execution shall be settled by Polish common court having jurisdiction in accordance with the applicable regulations.
