TERMS AND CONDITIONS
Terms and conditions of the OHVERY online store
I. General provisions, contact with the store owner
1. These Regulations (hereinafter referred to as "Regulations") define the terms and conditions of use of the OHVERY online store, operating at www https://ohvery.pl.
2. The owner of the Store is Ewa Kamionowska, an entrepreneur conducting business under the name Ewa Kamionowska with registered office at: Kampinoska 8 Street, 05-840 Brwinów, Poland, registered in the Central Registration and Information on Business Activity, NIP: 7582147330, REGON: 525619374 (hereinafter "Seller").
3. The contact details of the Seller are as follows:
- contact address: Ewa Kamionowska, Kampinoska 8 Street, 05-840 Brwinów, Poland
- e-mail address: sklep@ohvery.pl
- phone number: +48 572 226 202 (Monday-Friday, 10:00-16:00)
II. Technical requirements
1. To use the Store, it is necessary to have:
- a computer or other device with an Internet browser;
- access to the Internet;
- an active e-mail address.
III. Personal data
1. The administrator of the personal data of the Store's customers is the Seller.
2. All information about the processing of personal data of customers, as well as other people using the Store's website, can be read in the Privacy Policy.
IV. Conclusion of sales contract, customer account
1. The Store allows the purchase of goods (hereinafter "Goods"), made visible on the Store's website, in two modes:
- without registration
- with the establishment of an account in the Store
In both cases, in order to place an order, it is necessary to make a selection of Goods in the Store, with the appropriate button add them to the "Basket" and continue the ordering procedure by selecting the appropriate options (method of delivery and payment).
2. Information about the Goods in the Store, i.e. descriptions and prices, constitute an invitation to conclude a contract of sale within the meaning of Article 71 of the Civil Code, in accordance with the terms of the Regulations.
3. The condition for placing an order is to fill in in the order form all the required data necessary for shipment and possibly (at the customer's request) also data for generating a VAT invoice.
4. If the customer decides to create an account in the Store (hereinafter "Account"), registration is one-time, and the e-mail address and password chosen by the customer are the basis for subsequent logging in. After logging in to the Account, the customer has access to his order history, and for subsequent orders he does not have to fill in the order form again with his personal information.
5. The customer may without any cost at any time resign from the Account. To do so, send your resignation to the e-mail address: sklep@ohvery.pl
6. Approval of the order by the customer with the "I buy and pay" button (or any other equivalent wording) means:
- submission to the Seller of an offer to purchase the Goods in accordance with the options selected in the order and in accordance with these Regulations,
- acceptance of the obligation to pay the price of the Goods and the cost of their delivery.
7. The conclusion of the contract of sale (hereinafter the "Contract") occurs at the moment of acceptance of the order by the Seller (acceptance of the customer's offer), of which the Seller informs the customer by an e-mail order confirmation.
8. If it is not possible to execute the order of the Goods (in whole or in part), the Seller will inform the customer about it - the Contract is not concluded then. At the same time, the Seller will inform the customer of the existing possibilities for another way of fulfilling the order, such as partial fulfillment of the order or waiting for the Seller to replenish the stock. If the order has been previously paid by the customer, and it is not possible to fulfill it, the Seller shall immediately refund the customer the payments made (according to the extent of cancellation of the order).
9. The Seller shall provide the customer with confirmation of the conclusion of the Contract on a durable medium no later than at the time of delivery of the Goods.
10. The store is not responsible for non-delivery of the order or delay in its delivery resulting from the customer's provision of an incomplete / incorrect delivery address or failure to provide other data necessary for the execution of the order.
11. The Seller reserves the right to suspend the execution of an order in a situation where the customer has provided false data or where the data raises reasonable doubts about its correctness. In such a case, the Seller (if possible) will attempt to contact the customer to verify the veracity of the data provided.
12. The Client accepts the fact that some elements of the Goods presented in the Store are sewn by hand, and due to such specificity of preparation of the Goods its final shape may gently, but insignificantly and not changing the essential features, appearance and purpose, differ from the model Goods visible on the Store's website.
13. The conclusion of the contract of sale of Goods marked in the "availability" field as "personalization, sewing according to the Customer's measurements" occurs at the moment of acceptance of the order by the Seller (acceptance of the Customer's offer), provided, however, that the order contains all the information specified by the Seller as necessary for sewing the Goods in personalized form. A list of the necessary data needed to complete such an order can be found in the card of each Product marked "personalization, sewing according to the Customer's measurements".
14. Failure by the Customer to provide all data necessary to sew the Goods marked "personalization, sewing according to the Customer's measurements" may result in a delay in processing the order or its non-delivery.
15. The Customer accepts that by deciding to purchase the Goods marked "personalization, sewing according to the Customer's measurements", the Goods produced so specifically for the Customer are not returnable. This is due to the exceptions to the right of withdrawal mentioned in paragraph VIII 1. a. of these Regulations.
V. Costs and payment methods
1. For the Polish language version of the store: the prices of goods are given in PLN and in gross amount. For English language version of the store: prices of goods are given in EURO and in gross amount.
2. The price of the Goods prepared in the personalized version (i.e. sewn to the Customer's dimensions, to his/her explicit individual order) differs (is higher) than the price of the Goods sewn in the Store's standard sizes specified in the card of the given Goods. The price of personalized Goods is visible at the stage of purchase, in the Customer's shopping cart. Personalized Goods are not subject to returns (as mentioned in paragraph VIII, item 1a. of these Regulations).
3. The cost of delivery of the Goods is listed separately in the Store's shopping cart, depending on the delivery method selected by the customer.
4. Available payment methods are described on the Store's website in the "Forms of payment" tab and are presented to the customer at the stage of order placement (in the shopping cart).
5. Online payments in the Store are handled by a payment provider:
- Przelewy24.pl (for payments in PLN - polish zloty)
- Shoper x Autopay payments (for payments in PLN - polish zloty):
instant transfer (pay-by-link)
payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic
BLIK
Google Pay
Apple Pay - PayU (for EURO payments)
6. If the customer has chosen payment by bank transfer or payment card, the order processing time is calculated from the date of crediting the Seller's bank account or settlement account.
7. If the customer has chosen payment by ordinary bank transfer, payment for the order should be made within 1 day of its submission. In the absence of payment within the aforementioned period, the Contract shall be considered not concluded. The preceding sentence does not apply if the Seller offers customers deferred payment/payment in installments through an external partner.
VI. Delivery
1. Delivery of Goods is carried out at the choice of the customer:
- via courier company
- to InPost parcel lockers
2. It is not possible to pick up the order in person.
3. The order is considered completed at the moment of shipment to the customer (entrusting the shipment to a carrier engaged in transportation). The exact actual delivery date is determined by the carrier.
4. Goods are shipped by the Seller within 14 working days, unless a different deadline is clearly stated in the product description when the customer places an order. Delivery deadlines are given on the Store's website under "Delivery times and forms" and on the page of each product under "Shipping".
5. The delivery time may be extended in times that are exceptional for the Store, i.e., for example, during sales campaigns or other special actions.
6. Maximum lead time should not exceed 21 working days.
7. The Seller normally handles orders within the territory of the Republic of Poland at the cost indicated on the Store's website in the "Delivery methods" tab.
VII. Withdrawal from the contract
1. A customer who is a consumer or an entrepreneur referred to in Article 7aa of the Law on Consumer Rights (hereinafter "Privileged Entrepreneur") has the statutory right to withdraw from the contract of sale of the Goods within 14 days from its receipt, without giving any reason, subject to the exceptions referred to below (paragraph VIII).
2. To meet the deadline for withdrawal from the contract it is sufficient for the customer to send within the aforementioned period, a statement:
- in electronic form to: sklep@ohvery.pl or
- in writing to the address: Ewa Kamionowska, Kampinoska 8 Street, 05-840 Brwinów, Poland
3. The statement of withdrawal from the contract may be submitted according to the template available here, but the use of the template is not mandatory. The seller will immediately send the customer an e-mail confirmation of receipt of the statement of withdrawal.
4. Then, within the next 14 days, the customer should send back the returned Goods at their own expense to the postal address:
Ewa Kamionowska, Kampinoska 8 Street, 05-840 Brwinów, Poland
5. The seller will immediately, no later than within 14 days of receipt of the declaration of withdrawal from the contract, refund to the customer:
- the price of the Goods;
- the cost of the original shipment of the Goods to the customer according to the cheapest ordinary way of delivering the item, offered in the Store.
6. The Seller may refrain from returning the payment until it receives the Goods back, or at least the customer provides the Seller with proof of returning the item (legal basis: Article 32 of the Law on Consumer Rights).
7. The payment will be returned using the same means of payment that were used by the customer in the original transaction, unless the customer has expressly agreed otherwise.
8. The customer shall be liable for any diminution in the value of the returned Goods if, before submitting the declaration of withdrawal from the contract, he used the Goods in a manner other than necessary to ascertain the nature, characteristics and functioning of the thing.
9. As a condition for the OHVERY store to accept the return, the Customer must return the Goods in the condition in which they were sent to him by the store, that is:
- the returned Goods must have a set of original intact sewn-in tags and paper tags and hang tags, as well as holographic seals (if any)
- Goods must not be damaged or soiled, must not bear traces of use, must be free of odor, such as perfume
- The Goods must not be incomplete, i.e. they must not be returned incomplete (e.g. without an integral component)
In the case of return of Goods that violate the above rules, OHVERY store reserves the right to refuse to accept the return of Goods.
VIII. Exceptions to the right of withdrawal
1. The right to withdraw from the contract does not apply to Contracts for the supply of Goods:
- non-refabricated, manufactured according to the specifications of the Consumer / Privileged Entrepreneur or serving to meet his individualized needs (personalized goods, prepared according to the criteria clearly agreed and formulated by the buyer with the store, tailor-made products, etc.); in the case of the OHVERY store, this applies to Goods marked "personalization, sewing according to the Customer's measurements"
- subject to rapid deterioration or with a short shelf life (perishable goods);
- delivered in a sealed package, if the package has been opened by the Customer, and the goods after opening the package cannot be returned for health or hygienic reasons (hygienically packed goods);
- sound or visual recordings or computer programs, delivered on a tangible medium (e.g. CD) in sealed packaging, if the packaging has been opened after delivery;
- which, after delivery, due to their nature, become inseparable from other goods (e.g. building materials, if used);
newspapers, periodicals or magazines, except for a subscription contract (paper press); - the price of which depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
- alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control.
IX. Complaints
1. The Seller is obliged to provide the customer with Goods in accordance with the Agreement.
2. Towards Consumers and Privileged Entrepreneurs, the Seller is liable for the conformity of the Goods in accordance with the provisions of the Consumer Rights Act. Towards other customers, the Seller bears liability under the Civil Code.
3. Statements of Complaint (preferably in the form of the Complaint Form found here) may be submitted:
- in electronic form to: sklep@ohvery.pl
or
- in writing by sending a letter at: Ewa Kamionowska, 8 Kampinoska Street, 05-840 Brwinów, Poland.
4. Before returning the advertised goods to the Store, the Buyer should contact the Store in order to determine the form of shipment. The shipment is organized and paid by the Store. The parcel is sent via Parcel Post InPost to the address given in section 3.
5. The Seller will consider the complaint in the form in which it was submitted (in writing or by e-mail) within 14 days of receiving the complaint.
6. In case of dissatisfaction with the way the Seller handles the complaint, the consumer and the Privileged Entrepreneur may (in addition to the usual procedure before a common court of law) also use out-of-court ways of handling complaints and claims.
7. For the above purpose, you can:
- apply to the provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute,
- use the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection,
- use the ODR (Online Dispute Resolution) platform, which is used for online settlement of disputes between consumers and businesses, if the dispute concerns obligations arising from a contract concluded over the Internet. More information about the ODR platform can be found here,
- apply to a permanent amicable consumer court to resolve a dispute arising from a concluded contract.
8. Additional information regarding out-of-court ways of handling complaints and claims can also be obtained from the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/.
X. Newsletter
1. The Newsletter service consists of sending by e-mail marketing information about the products and/or services of the Store, such as news, promotions, offers, special actions, such as sales.
2. The Newsletter provider is the Seller (Service Provider).
3. Recipient of the Newsletter is each Customer of the Store (Service Recipient), who expressed his desire to receive the Newsletter by clicking on the link provided on the Store's website and sending his e-mail address.
Newsletter subscription is voluntary and free of charge.
4. In order to use the Newsletter service, it is necessary to have a device (computer, laptop, phone, tablet, etc.) with Internet access and an active e-mail account.
5. Subscription to the Newsletter begins when the Customer makes a declaration of intent to receive the Newsletter, which the Customer expresses by clicking on the link marked "Newsletter" or in any other place appropriately marked on the Store's website.
6. The Newsletter is delivered to the Customer's e-mail address, which was provided by the Customer at the time of expressing the will to subscribe to the Newsletter.
7. The Customer may unsubscribe from the Newsletter at any time. He may do so by logging into his account at the Store or by clicking on the link included in the content of each Newsletter sent to his e-mail address. He may also request to be removed from the subscriber base by sending a message to sklep@ohvery.pl, in which he expresses his wish to resign from the Newsletter service. Resignation from the Newsletter will result in immediate deletion of the Customer's personal data.
XI. Final provisions
1. Polish law applies to the Contracts concluded in the Store. The Contract is concluded in the Polish language.
None of the provisions of the Terms and Conditions does not exclude or in any way limit the rights of the consumer (and Privileged Entrepreneur) under the law.
2. The Seller may make changes to the Terms and Conditions at any time, with such changes applying to orders placed after the publication of the new version of the Terms and Conditions, and in the case of (i) previously concluded Contracts for the provision of digital or electronic services, as well as in the case of (ii) customers with an Account in the store - the customer will be notified of the change in the Terms and Conditions and the possibility of not accepting the new content.
3. The provisions of the Law on Copyright and Related Rights of February 4, 1994 (Journal of Laws 1994 No. 24, item 83) shall apply to the protection of the content on the Store's website, including in particular the brand logo, as well as the names and images of the Goods, their descriptions, videos, graphic materials. It is forbidden to unlawfully copy, reproduce or distribute the content referred to in the previous sentence posted on the Store's website.
4. The Regulations are effective as of 04-12-2023.
