§ 1 Definitions
Postal address – ul. Stradomska 72, 04-608 Warsaw
Complaint address - ul. Stradomska 72, 04-608 Warsaw or by e-mail: email@example.com
Price list - presentation of prices of goods with their descriptions posted on the Store's website at: www.italian-collection.com
Contact details: firstname.lastname@example.org
Delivery - a type of transport service consisting in the delivery by the Seller to the Customer, via the Supplier, of the Goods specified in the Order together with the Supplier and the cost specified in the Delivery Price List.
Supplier - a courier company with which the Seller cooperates in the scope of Delivery of Goods.
Proof of purchase - invoice, bill or receipt issued in accordance with applicable regulations.
Product card - a single Store subpage containing information about a single product.
Customer - an adult natural person with full legal capacity, legal person or organizational unit without legal personality but having legal capacity.
Consumer - a Customer who is a natural person making a purchase from the Seller not directly related to his business or professional activity.
Basket - a list of products prepared from products offered in the Store based on the Buyer's choices.
Buyer - both Consumer and Customer.
Place of delivery - postal address or collection point indicated in the Order by the Buyer.
Handover time - the time when the Buyer or a third party indicated by him for pickup takes possession of the item.
Payment - method of payment for the subject of the Agreement and delivery.
law (or Consumer Act) - the
Consumer Rights Act of 30 May 2014.
Product - the minimum and indivisible quantity of items that can be the subject of the Order, and which is provided in the Seller's Store as a unit of measure when determining its price (price/unit).
Subject of the Agreement - Products and Delivery subject to the Agreement.
Collection point - the place of delivery of the Product to the Buyer by the Seller.
Regulations – the Regulations herein (in the Online Store).
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 (General Data Protection Regulation)
Store - the website available at www.italian-collection.com through which the Buyer may place an Order.
Seller - G&G LUCCHESI-KOZŁOWSKA SPÓŁKA KOMANDYTOWA with its registered office in Warsaw, ul. Stradomska 72, unless another entity was indicated as the Seller in the product description.
Completion date - the number of hours or working days specified on the product card.
Goods - Products sold by the Seller via
the Online Store Website.
Agreement - Agreement concluded outside the business premises or at a distance as provided in the Act on consumer rights of 30 May 2014 in the case of Consumers and a Sales Agreement as provided in Art. 535 of the Civil Code in the case of Buyers.
Defect - both a physical defect and a legal defect.
Order - the Buyer's declaration of intent made through the Store clearly stating: the type and quantity of products; type of delivery; payment method; place of delivery, Buyer's data directly aimed at concluding the Agreement between the Buyer and the Seller.
§ 2 General terms and conditions
1. The agreement is concluded in Polish, in accordance with Polish law and these Regulations. If the Order is placed on a foreign language version of the Store, the agreement is concluded in a language version chosen by the Customer, in accordance with Polish law and these Regulations.
2. The Seller is obliged and agrees to provide services and deliver items free from defects.
3. All prices provided by the Seller
are in the Polish currency or in Euro and are gross prices (including VAT plus
other taxes and duties - if due).
Product prices do not include the cost of delivery, which is calculated at the Basket summary before placing the Order. Delivery costs may depend on the delivery option chosen by the Customer as well as the location and payment method.
4. The Seller does not grant the Buyer a guarantee as provided in Art. 577 of the Civil Code, however, he informs the Buyer about known guarantees granted by third parties for products in the Store - if applicable.
5. Future confirmations, access, consolidation and protection of all relevant provisions of the Agreement allowing gaining access to this information shall be formally documented by sending an e-mail with attachments to the address provided by the Buyer and in paper form, together with relevant required attachments to the completed Order, in accordance with applicable regulations.
6. The Seller provides the Buyer using the system that the Store works correctly in the following browsers: Microsoft Edge, Google Chrome, Mozilla Firefox, Opera and Apple Safari. The latest browser versions should be used. Using other browsers or their older versions does not guarantee the correct operation of the Store.
7. A fiscal receipt is issued for each Order and sent to the Consumer along with the ordered Goods. An invoice is issued at the Customer's request. To receive an invoice, the Customer selects the appropriate option on the order.
8. The Store may also offer Products that are sold by entities other than the Seller. In this situation, the product description includes information about the relevant seller and sales documents (receipt, invoice) will be issued by that seller. Regardless of the actual seller, all rights of the Buyer, including complaints, settlements and returns will be implemented through the Seller and on the terms set out in these Regulations.
§ 3 Conclusion and implementation of the Agreement
1. Orders can be placed around the clock (24/7).
2. In order to place an Order, the Buyer should perform at least the following steps, which can be repeated as needed:
• Add a product to the Cart;
• Select the Delivery type;
• Select Payment type;
• Select item Delivery;
• Place an Order in the Store.
3. Available payment methods will be displayed when placing the order. The Customer chooses the payment method.
4. The Seller may allow the Customer to take advantage of special discounts by providing codes, promotional coupons or gift cards. The condition of using the discount is:
a. Registration of the coupon or entering the code before completing the Order by clicking the "BUY" button (or equivalent);
b. Registering a coupon or code with a value lower than the purchase value. A discount sale cannot be completed if, after using the coupon, its purchase value was equal to or lower than PLN 0.
5. The Agreement with the Buyer is concluded:
a. Upon confirmation of acceptance of the Order by the Seller sent to the e-mail address provided by the Buyer - if the Customer chooses the "COD" payment option;
b. Upon Seller’s receipt of payment for the Order, about which the Seller informs the Buyer by sending a message confirming acceptance of the Order to the e-mail address provided by the Buyer - if the Buyer chooses the option of payment by bank transfer or via an electronic payment system.
6. If the Buyer fails to collect the
Order delivered by the Seller, the Agreement is
deemed as cancelled by the Buyer.
The provisions of § 4 shall apply accordingly.
7. If all or some of the ordered items are unavailable, the Seller shall inform the Customer by telephone or e-mail, also informing about the possible date of availability of the entire Order. In such a situation, the Buyer may, at his own discretion:
a. Cancel Order in full;
b. Cancel part of the Order;
c. Agree to extend the delivery date for all or part of the Order,
notifying the Seller by e-mail.
Lack of information from the Buyer within 3 business days from the date of Seller’s notification about unavailability of the goods shall be tantamount to canceling the Order, about which the Seller notifies the Customer by e-mail.
The refund of the sale price is accomplished in the same way as the method of payment within 3 business days from the day of Order cancellation.
8. The Customer's COD Order is processed immediately after the conclusion of the Agreement in accordance with point 5 letter a, and the Order paid by bank transfer or via the electronic payment system after the conclusion of the Agreement in accordance with point 5 letter b.
9. The time of delivery of the Goods depends on the availability of the Goods from its producer or distributor. The Customer will be notified by email about the approximate delivery date.
10. When collecting the Order, the Customer is required to check the parcel's condition while the courier is present. In the event of any damage or signs of infringement of the entire shipment, the Customer and Courier shall draw up an appropriate report, copies of which shall be sent by the Customer immediately to the Seller by e-mail.
§ 4 Right to withdraw
1. Pursuant to Art. 27 of the Consumer Law, the Consumer has the right to withdraw from a Distance Contract, without giving a reason and without incurring costs, except for the costs specified in Art. 33 and Art. 34 Consumer Law.
2. The withdrawal period from the Contract concluded remotely is 14 days from the date of delivery of the Goods and to meet the deadline it is enough to send a statement before its expiry.
3. The Consumer may submit a statement of withdrawal from the Agreement on the form attached as Annex 2 to the Consumer Law, either as an e-mail or a traditional form or any other form consistent with Consumer Law, including the withdrawal form available on the Store's website. A template of the form compliant with the abovementioned attachment is available on pages https://www.italian-collection.com/index.php?route=account/return/add
4. The Seller excludes the possibility of submitting a statement of withdrawal from the Contract in a form other than in writing.
5. The Seller will immediately confirm to the Consumer by e-mail (provided when concluding the Agreement or other means, if provided in the submitted declaration) that he received a statement of withdrawal from the Agreement.
6. A withdrawal from the Agreement results in the Agreement being considered null and void.
7. The Consumer is must return the Goods to the Seller immediately, but no later than on the 14th day after the issue of the Goods.
8. The Consumer sends back the Goods referred to in point 7, at his own expense and risk.
9. Returned Goods should be new, unused, with all original price tags and labels attached, in the same condition and packaging in which they were delivered. The packaging can be opened as necessary to check the compliance of the Goods with the concluded agreement. If the returned Goods fail to meet the above criteria, in accordance with Art. 34 section 4 of the Consumer Act, the Seller shall draw up a damage report, specifying the type and amount of damage and send the damage report to the Buyer within 7 days from the date of receipt of the returned Goods, containing the refund of the sale price minus the amount of compensation for the reduced value of the Goods (total price minus the damage compensation amount).
10. The Consumer shall be liable for reducing the value of the Goods as a result of improper use, exceeding the extent necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall refund all payments made by the Consume, including the costs of delivering the purchased Goods to the Consumer. However, the Seller will not refund the additional costs to the Consumer in accordance with Art. 33 of Consumer Law. The Seller reimburses the payment using the same method as the Consumer’s, unless the Consumer has expressly agreed to a different payment method that does not involve any costs for him, and in the case of a COD, the amount will be returned to the bank account provided by the Customer.
12. If a discount coupon was used, the basis for claims for refund of the purchase price to the Consumer is the actual purchase price incurred after deducting the calculated discount, not the price indicated in the price list. If the coupon was used to purchase more than one Product, its value for the purposes of exercising the Consumer's rights is determined in proportion to the reduced price relative to the entire Basket of Goods subject to discount. The price ratio of each Product before the discount is assumed as the basis for calculating the price of individual Products after the discount. This reservation does not apply to gift cards which, as regards the Consumer's rights, are treated as a substitute for cash.
13. In accordance with Art. 38 of Consumer Law, the Consumer cannot withdraw from the Agreement:
• Where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or to satisfy his individual needs (e.g. t-shirts with individually ordered print);
• Where the subject of the service is an item delivered in a sealed package, which, after opening the package on or after delivery, cannot be returned due to health protection or hygiene reasons (e.g. underwear) ;
• Where the subject of the service are audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
• Newspapers, periodicals or magazines delivered, with the exception of subscription contracts;
• Where the subject of the service are items that after delivery, due to their nature, are inseparably connected with other things (e.g. underwear sets).
§ 5 Warranty
1. Pursuant to Art. 558 §1 of the Civil Code, the Seller completely excludes liability for physical and legal defects (warranty) to Customers who are not Consumers.
2. The Seller shall be liable to the Consumer on the terms set out in Art. 556 of the Civil Code and subsequent for defects (warranty).
3. If the Consumer has concluded an Agreement and a physical defect has been found within one year of delivery of the item, it shall be deemed as having existed at the time the liability was passed to the Consumer.
4. If the item sold has a defect, the Consumer may:
• Submit a request for a price reduction;
• Submit a statement of withdrawal from the Agreement;
unless the Seller immediately and without undue inconvenience to the Consumer, replaces the defective item with a non-defective one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect, he loses the right to exchange the item or remove the defect.
5. The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the item for a non-defective one or instead of the replacement of the item demand the removal of the defect, unless bringing the item into compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, while the assessment of excessive costs includes the value of the item free from defects, the type and significance of the defect found and also the inconvenience to which the Consumer would otherwise be exposed.
6. The Consumer may not withdraw from the Contract if the defect is insignificant.
7. The Seller must replace the defective item for a non-defective one or remove the defect within a reasonable time without undue inconvenience to the Consumer.
8. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the Agreement according to the Buyer’s request is impossible or would require excessive costs compared to the other way of making it compliant with the Agreement.
9. The Consumer who exercises the rights under the warranty must deliver the defective item to the complaint address at the expense of the Seller. In the event of non-performance of the obligation by the Seller, the Consumer has the right to return the item at the expense and risk of the Seller.
10. The costs of replacement or repair are charged to the Seller (subject to the provisions of Art. 561 1 of the Civil Code).
11 The Seller must accept a defective item from the Consumer to exchange the item for a non-defective one or accept the Consumer’s withdrawing from the Agreement.
12. Within 14 days, the Seller shall respond to:
• Price reduction requests;
• Statements of withdrawal from the Agreement;
• Requests to replace the item with one free of defects;
• Defect removal requests.
Otherwise, the Consumer's statement or request shall be deemed justified.
13. The Seller shall be liable under the warranty if a physical defect is found within two years of the item being handed over to the Consumer and within one year of the item handed over to the Consumer, is the said item has been used.
14. The Consumer's claim to remove the defect or exchange the sold item for a one free of defects expires after one year, counting from the day the defect was found, however not earlier than two years after the item was released to the Consumer and within one year of the item handed over to the Consumer, is the said item has been used.
15. If the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of this item found before the expiry of that period.
16. Within the time limits specified in § 5 points 13-15, the Consumer may submit a statement of withdrawal from the Agreement or a price reduction request, due to a physical defect of the item sold, and if the Consumer requested replacement of the item for one free of defects or removal of the defect, the deadline for submitting a statement of withdrawal from the Agreement or price reduction request begin with the ineffective expiry of the deadline for replacing an item or removing a defect.
17. If one of the rights under the
warranty is subject to court or arbitration court proceedings, the time limit
for exercising other rights the Consumer enjoys thereunder shall be suspended
until the final and valid termination of the proceedings.
Accordingly, the above also applies to mediation proceedings, where the deadline for exercising other rights under the warranty enjoyed by the Consumer, begins to run from the day the court refuses to approve the settlement concluded before the mediator or the ineffective termination of mediation.
18. § 5 points 13-14 shall apply to exercise the rights under the warranty for legal defects of the sold item, except that the period begins on the date on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of actions of a third party – as of the date on which the decision issued in the dispute with the third party became final.
19. If, due to defective items, the Consumer has made a statement on withdrawal from the Agreement or requested a price reduction, he may request compensation for the damage he suffered because he concluded the Agreement without being aware of the existence of the defect, even if the damage was a result of circumstances not attributable to the Seller, in particular, he may demand reimbursement of the costs of concluding the Agreement, costs of collecting, transporting, storing and insuring Goods, reimbursement of expenses made to the extent to which he has not benefited when using the Goods, and has not received their reimbursement from a third party and reimbursement of the costs of the process. This does not prejudice the provisions on the obligation to repair damages on general principles.
20. It is the Consumer's responsibility to check that the Goods have not been damaged during transport at the time of receiving the Goods from the Supplier and in the event of visible damages - to fill in the appropriate report in accordance with the Supplier's standards in this respect. The warranty does not cover visible physical damage to the Goods, unless they were reported by the Consumer to the courier at the time of receipt.
21. In the case of physical damage
invisible at the time of receipt (e.g. rupture of bra underwires, damage to the
lining of the pocket, discoloration), the condition of the right to use the
warranty in this regard is to report the damage to the Seller within 7 days of receipt of the Goods.
22. The expiry of any period for identifying a defect does not prejudice the exercise of warranty rights if the Seller has fraudulently concealed the defect.
1. The Controller of personal data sets provided by the Store's customers is the Seller, G&G LUCCHESI-KOZŁOWSKA SPÓŁKA KOMANDYTOWA based in Warsaw.
2. Controller’s contact details:
a. Address: ul. Stradomska 72, 04-608 Warsaw
b. email: email@example.com
c. internet: www. italian-collection.com
3. The Seller agrees to protect personal data in accordance with applicable provisions on the protection of personal data and the Act on the provision of electronic services and in accordance with Regulation 2016/679 of the European Parliament and of the Council 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 (General Data Protection Regulation).
4. Customer's personal data provided
during registration or placement of orders will be processed by the Seller
solely for the purpose of completing orders and marketing the Seller's own
services (e.g. information about current promotions, new store
options or sending a newsletter).
5. The legal basis for data
processing is the agreement between the Customer and the Seller or an exchange
of correspondence to conclude the contract (Article 6 (1) letter and GDPR) as
well as the legitimate interest of the administrator in sending marketing
information and maintaining contact with the customer (Article 6 (1) letter f
6. Store Customer data may be
entrusted to a delivery company, cooperating with the Store, a company
providing financial and accounting services for the Store, an IT company
operating the Store and producers or distributors of the Goods, if the
specificity of the order requires it or it is necessary for its implementation.
7. The Customer's data will be
processed from the time of placing the order until the expiry of the limitation
period applicable in accordance with the civil law for the given type of
transaction - solely to protect against possible claims of the Customer and to
enable the exercise of his rights - e.g. under warranty or guarantee.
8. The Customer has the right to
access, rectify, update and delete his personal data at any time, or request
the transfer of personal data to another Controller and to object to the processing
of personal data for the purposes of marketing the Seller's own services.
9. The Controller does not use data
profiling to assess Users' personality traits nor does
it use automated decision-making algorithms in this regard.
10. Any Customer who considers that in connection with the processing of his data, the Store violated his rights or freedoms, is entitled to lodge a complaint with the supervisory authority, which in Poland is the President of the Office for Personal Data Protection.
1. The Seller may register Cookies on his websites.
Cookies are small text files stored on the Customer's computer, which store some of the Customer's activities on the Seller's websites.
2. Cookie files may contain
information about the subpages opened by the Customer as part of the
www.italian-collection.com website, saved passwords (e.g. login passwords),
order history, IP number of the Customer's computer, location from which the
customer logged in to the website www.italian-collection.com , the type and specification of
the device that the Customer used to log in (e.g. a smartphone, tablet or
personal computer), type and version of the web browser used by the Customer,
auto-complete text fields and check boxes based on previously entered
3. Cookies are used by the Seller for statistical purposes, to develop and adapt offers to the needs of Customers, optimize the website and its presentation, and improve the speed and stability of operations, plus for marketing purposes by turning on the display of personalized marketing messages and proposed product lists, based on site activities. They also can be used to present the Seller's partners' ads on the Seller's websites.
4. The data saved in cookies may be,
to a limited extent, automatically made available to Google Inc. with its
registered office in the United States in connection with the use of the Seller
services such as Google Pixel, Google Maps and Google Analytics.
If the person visiting the Seller's websites does not agree to this sharing, he may independently disable this option in the web browser settings according to the manufacturer's instructions.
and fully controlled by the Customer. Cookies can be disabled and if they are
already registered, deleted from the memory of the web browser settings, while
most web browsers by default include active consent to the
registration of cookies.
Cookie deactivation and deletion are specified in the settings of the specific browser.
6. Disabling cookies may limit the functionality of the website provided by the Seller, e.g. prevent it from remembering the shopping Basket.
7. More information about cookies, including how to disable them, can be found on websites dedicated to cookies e.g. https://support.google.com/adwords/answer/2407785
§ 8 Final provisions
1. No provision in these Regulations
is intended to violate the Buyer's rights. It also cannot be interpreted in
this way, because in the event of non-compliance of any part of the Regulations
with the applicable law, the Seller declares absolute compliance with and
application of this law in place of the challenged provision of the Regulations.
2. The Seller reserves the right to cover certain Products with a separate promotion, the terms of which may be described in the Promotion Regulations. In the event of non-compliance of these Regulations with the Promotion Regulations, the Promotion Regulations shall prevail.
3. The current version of the
Regulations shall always be available to the Buyer in the Regulations tab. During
the implementation of the Order and throughout the entire period of after-sales
care of the Buyer, the Regulations he accepted when placing the Order shall
apply, except for the situation when the Consumer finds them less favorable
than current and informs the Seller about the selection of the current ones
4. In matters not covered hereunder,
the relevant applicable legal provisions shall apply.
If the Consumer wishes to do so, any disputes shall be resolved by mediation or arbitration court.