GENERAL PROVISIONS

  1. The Fashion Dance online store (hereinafter referred to as the Store), operating under the address fashiondance.eu, is operated by Fashion Dance sp. z o.o. with its registered seat in Krakow, ul. Krowoderskich Zuchow,2/6, registered in the Register of Entrepreneurs, kept by the District Court for Krakow – Śródmieście in Krakow, XI Economic Department of the National Court Register under the KRS (National Court Register) number: 0000969216, with NIP:6762616524 REGON: 521871361.
  2. These Regulations of the Internet Shop define the rules of making purchases in the fashiondance.pl Internet store and, in particular, the rules and procedure of concluding remote sales agreements via the Shop, as well as the procedure of complaint procedure and the procedure of withdrawal from the agreement by the Consumer.
  3. With regard to Services provided electronically, these Regulations are the Regulations referred to in Article 9 of the Act on Providing Services by Electronic Means of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended).
  4. The Regulations are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Regulations, before making a purchase.
  5. Each Customer is obliged to comply with the provisions of the Regulations. Sales are made on the basis of the version of the Regulations in force at the time of placing an order.
  6. Each customer has the opportunity to read the Regulations at any time by clicking on the hyperlink “Store Regulations” on the website of the fashiondance.eu store. The Regulations can be downloaded and printed at any time.
  7. All information contained on the website of the fashiondance.eu store relating to products (including prices), does not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964. (i.e., Journal of Laws of 2019, item 1145, as amended), but an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code of April 23, 1964 (i.e., Journal of Laws of 2020, item 1740, as amended). The Customer, by sending the Order Form, makes an offer to purchase the indicated Goods for the price and under the conditions specified in the description.

2 DEFINITIONS

Regulations – this set of regulations organizing the rules for the use of Store Services by Customers.

Consumer – a Consumer is defined as the following:

  • a natural person making a civil law contract through the Store, not directly related to his/her business or professional activity – the so-called “Consumer sensu stricto”; and
  • a natural person entering into a civil law contract through the Store, directly related to his/her business, when it is clear from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity – the so-called “Entrepreneur with the rights of the Consumer”.

For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities indicated, the Regulations refer to both Consumers sensu stricto and Entrepreneurs on the rights of Consumers.

Customer – a natural person (including the Consumer) who is at least 13 years old (provided that he/she has obtained the consent of the statutory representative), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, which uses the Services provided by the Shop.

Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to which a separate law grants legal capacity, performing a business on its own behalf, who uses the Store.

Order Form – a service available on the Store’s website, by means of which the Customer may make a purchase, in particular by adding Goods to the Shopping Cart and specifying certain terms and conditions of the Sales Agreement, including the method of delivery and payment.

Shopping Cart – an element of the Store where the Goods selected by the Customer are visible and where the Customer can determine and modify the details of the Order, including the quantity of the purchased Products.

Store – an Internet service belonging to the Seller, available under the domain: fashiondance.eu, through which the Customer may purchase Goods from the Seller.

Seller – Anna Babii sp. z o.o. (short name: Fashion & Style Studio), with its registered office in Krakow at ul. M. Skłodowskiej-Curie 5/6, 31-025 Kraków, entered in the Register of Entrepreneurs kept by the District Court for Krakow – Śródmieście, XI Economic Department of the National Court Register under KRS number, NIP: 6772527845, REGON: 542205975, which, conducting its commercial or professional activity, offers sales via its website.

Goods – a movable thing, which is the subject of the Sales Agreement, the terms of which are specified in the Order Form.

Customized Goods – a movable item, being the subject of a Sales Agreement, which due to its individual characteristics (including, in particular, due to its specification, method of manufacture for individual order, uniqueness or limited availability) is subject to special sales rules included in the provisions of the Terms and Conditions.

Contract of Sale – a contract for the sale of Goods at a distance concluded by the Customer through the Store, usually through the Order Form.

Account – a set of resources in the Seller’s ICT system, marked with an individual name (login) and password assigned to the Customer, in which the Customer’s data is collected, including in particular information about placed Orders, the establishment of which requires the Customer to complete the Registration Form.

  1. TAKING AND PROCESSING OF ORDERS

The condition for using the Store is reading and accepting these Regulations. By placing an order, the Customer accepts the content of the Regulations.

Orders from Customers are accepted only through the website: fashiondance.eu, 7 days a week, 24 hours a day.

The order of Goods is carried out by selecting the Goods in which the Customer is interested, clicking the “ADD TO CART” button, located next to the description of the Goods, and then, from the “CART” level, located in the Store tab, filling out the Order Form, including selection of the form of delivery and payment or selection of the payment on delivery option, if available for the selected Goods, and then clicking on the purchase confirmation.

The Customer may choose the following forms of payment for the ordered Goods: BLIK payment, payment card, PayPal, deferred payment, electronic transfer through an external payment system imoje, operated by the company ING Bank Śląski S.A. based in Katowice.

Entrepreneurs, considered to be so-called Entrepreneurs on consumer rights (see definition of “Consumer” in these Terms and Conditions), will have to indicate, already at the time of ordering the Goods, that the purchase is not of a professional nature for them.

After placing an order, the Customer receives a confirmation of the placed order on the website.

After the Customer receives the confirmation of acceptance of the offer, the process of order processing by the Seller begins, whereby:

  • in the case of placing an order payable by traditional transfer – begins after the payment for the placed order is credited to the Store’s bank account.
  • in the case of placing an order paid on delivery – begins at most on the next business day, after its confirmation by the Seller.
  • in the case of custom-made products – begins after the payment of at least 30% of the value of these products is credited to the Store’s bank account.

Orders placed at the Store are processed during the Store’s working hours (on working days, Monday through Friday, from 10:00 a.m. to 3:00 p.m.). Orders placed on working days after 3:00 p.m., on Saturdays, Sundays or holidays, will be processed on the next working day.

The Customer will receive a message about acceptance of the order for processing on the website, which is understood as the Seller’s statement of acceptance of the offer. As soon as it is received by the Customer, the Contract of Sale is concluded.

For each order an invoice is issued in electronic form sent to the Customer.

The available means of communication between the Customer and the Store are:

  • Contact form at fashiondance.eu
  • Mailing address – ul. M. Skłodowskiej-Curie 5/6, 31-025 Kraków, Poland

The price given in the order is the total value the Customer is obliged to pay. The cost of delivery is not included in the price, as it depends on the method of delivery of the purchase chosen by the Customer.

The Seller reserves the right to change the prices found in the Store, to introduce new Goods for sale, to carry out and cancel promotional actions, or to make changes to them, in accordance with applicable laws.

If the Consumer will be required to pay more than the agreed price, described in the preceding paragraph, the Shop will immediately inform the Consumer about this fact, explaining the reason for the price difference. Charging the Consumer with additional costs will be made only after obtaining the express consent of the Consumer.

  1. DELIVERY AND TRANSPORTATION COSTS

Delivery of the order in the Store is carried out through:

  • InPost Paczkomaty 24/7
  • InPost courier
  • Poczta Polska
  • Courier – foreign shipments

Delivery costs:

InPost Parcel Machines 24/7

Shipping cost After prepayment Cash on delivery (up to 5000 PLN)
13 PLN 15 PLN

InPost courier

Shipping cost After prepayment Cash on delivery (up to 5000 PLN)
16 PLN 22 PLN

Polish Post

Weight Shipping cost
Up to 2 kg 16 PLN
From 2 to 5 kg 18 PLN
From 5 to 10 kg 24 PLN

Orders placed in the Store are processed within up to 10 business days. Order processing time is calculated from the moment of positive authorization of payment. Orders placed on Saturdays, Sundays and holidays will be processed on the next working day.

In the case of Goods on Order, the lead time is determined each time with the Customer (as a rule, it is about 3-12 weeks, depending on the model and manufacturer).

The waiting time for delivery in Poland is usually: 3-5 working days. The waiting time consists of the order processing time, i.e., the completion of the Goods for the order and the expected delivery time, which ranges from 24 hours, depending on the selected delivery method. For foreign shipments, the waiting time depends on the country of delivery.

The Seller is not responsible for delays caused by the carrier.

When receiving a shipment delivered by a courier, the Customer should, in his presence, carefully check the content and completeness of the shipment, the condition of the external packaging and the condition of the ordered Goods. In case of damage to the shipment, the Customer should draw up a damage report with the courier, in two identical copies signed by the Customer and the courier.

5. PAYMENT PROCESSING

Within the operation of the Store, the following payment methods are possible:

  • by bank transfer, to the bank account: ING 74 1050 1445 1000 0090 8548 1597 for transfers in Polish zloty
  • online payment via PayNow platform
  • cash on delivery
  • by payment card: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro. The online payment service provider for card payments is Blue Media S.A.

A customer who has chosen the option of payment by bank transfer is obliged to pay for the order placed within five (5) working days from the date of placing the order. Otherwise, the Seller’s offer is not binding and the order is removed from the system. In the title of payment it is sufficient to provide only the number of the order being placed. There is a possibility to extend the payment term, with prior notification to the Store staff.

6. COMPLAINTS

The Seller is responsible to the Consumer for the conformity of the Goods with the Sales Agreement, in accordance with Chapter 5a of the Consumer Rights Act (Articles 43a–43g). In the event of non-conformity of the Goods with the Sales Agreement, the Consumer has the right to submit a complaint.
 The Seller is responsible for the lack of conformity of the Goods with the Sales Agreement existing at the time of delivery and revealed within two years from that moment. The Seller may not invoke the expiration of the period mentioned in the previous sentence if he fraudulently concealed the lack of conformity of the Goods with the Sales Agreement.
 The Seller is not responsible for the lack of conformity of the Goods with the Sales Agreement if the Consumer was expressly informed, no later than at the time of concluding the Sales Agreement, that a specific feature of the Goods deviates from the requirements of conformity with the contract, and the Consumer clearly and separately accepted the lack of that specific feature of the Goods.
 If the Goods are not in conformity with the Agreement, the Consumer may demand their repair or replacement.
 The Consumer exercising the rights due to the non-conformity of the Goods with the Sales Agreement shall make the Goods available for repair or replacement to the Seller by sending them to the warehouse address: Aleksandra Prystora 8, 30-147 Kraków. The Goods (or their parts) must be properly secured against damage during transport (Goods damaged during the complaint shipment will not be repaired or replaced). The costs associated with returning the complained Goods by the Customer shall be reimbursed immediately after the positive consideration of the complaint, but no later than within 14 days from the day of receiving the Goods or proof of their dispatch.
 An Entrepreneur with Consumer Rights, in the complaint form, must include a statement that the Sales Agreement concluded by them was not directly related to their business activity and did not have a professional nature for them, in particular resulting from the subject of their business activity, made available under the provisions of the Central Register and Information on Business Activity. If the Sales Agreement was concluded directly with their business activity and has a professional character for the Customer, that Customer is not an Entrepreneur with Consumer Rights and is not entitled to claim non-conformity of the Goods with the Sales Agreement.
 Complaints are processed within 14 (fourteen) days from the date of receipt by the Seller, and the Customer will be notified only by electronic means at the e-mail address: [email protected].
 Repair or replacement of the Goods shall be carried out within a reasonable time from the moment the Seller is informed of the lack of conformity of the Goods with the Sales Agreement, without undue inconvenience to the Consumer or Entrepreneur with Consumer Rights. The Consumer or Entrepreneur with Consumer Rights is not obliged to pay for ordinary use of the Goods which are subsequently replaced.
 The Seller may replace the Goods if the request concerns repair, or may repair the Goods if the request concerns replacement, if bringing the Goods into conformity with the Sales Agreement as indicated in the complaint is impossible or would involve excessive costs for the Seller. If fulfilling both requests is impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.
 The Consumer may submit a statement on price reduction or withdrawal from the Sales Agreement if:
 a. The Seller refused to bring the Goods into conformity with the Sales Agreement;
 b. The Seller did not bring the Goods into conformity with the Sales Agreement;
 c. The non-conformity of the Goods with the Sales Agreement still exists despite the Seller attempting to bring the Goods into conformity;
 d. It follows from the Seller’s statement or circumstances that the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience for the Consumer;
 e. The lack of conformity of the Goods with the Sales Agreement is so significant that it justifies a price reduction or withdrawal from the Sales Agreement after a prior request for replacement or repair.
 The Consumer may not withdraw from the Sales Agreement if the non-conformity of the Goods is insignificant.
 The reduced price should remain in proportion to the price resulting from the Sales Agreement, in the ratio of the value of the non-conforming Goods to the value of the conforming Goods.
 The Consumer’s right to withdraw from the Agreement applies only to Goods not in conformity with the Sales Agreement. If the lack of conformity concerns only some of the Goods delivered under the Sales Agreement and there is a legal basis for withdrawal, the Consumer may withdraw only in relation to those Goods, as well as other goods purchased together with the non-conforming Goods, if it cannot reasonably be expected that the Consumer will agree to keep only the conforming Goods.
 In the case of withdrawal from the Sales Agreement, as mentioned above, the Seller shall refund the price, and in the case of a statement of price reduction – the amount due as a result of exercising the right to reduce the price – immediately, but no later than within 14 days from the date of receipt of the statement on price reduction or receipt of the Goods or proof of dispatch in the case of withdrawal. The Seller will make the refund using the same payment method as the Consumer, unless the Consumer agrees to another method that is free of charge.
 The Parties exclude any liability of the Seller under warranty for defects, in accordance with Art. 558 § 1 of the Civil Code, towards Customers other than Consumers.
 The Seller does not grant any contractual guarantee of the quality of the Goods to the fullest legally permissible extent.
 The Store reserves the right to refuse a complaint in case of any modifications made to the product by the Consumer.
 The Store reserves the right to refuse a complaint in cases of exclusive user fault, mechanical damage, improper maintenance, or use of the Goods contrary to their intended purpose.
 Complaints regarding the Goods can be submitted only electronically to the e-mail address: [email protected].

A complaint should include:

  • the details of the person submitting the complaint (name and correspondence address: ul. M. Skłodowskiej-Curie 5/6, 31-025 Kraków, optionally – e-mail and contact phone number);
  • indication of the reason for the complaint and the content of the request;
  • Order number, as shown in the order confirmation;
  • the original or copy of proof of purchase (e.g., receipt or invoice) may facilitate submission but is not required.

7. RIGHT OF WITHDRAWAL – RETURNS

In accordance with the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the sales agreement for Goods purchased in the Store, without giving any reason, by submitting a relevant statement in writing, within fourteen (14) days from the date of delivery of the Goods (i.e., from the day the Goods are received by the Consumer). To meet this deadline, it is sufficient to send the statement before its expiry.

The Consumer may withdraw from the agreement by submitting a statement of withdrawal to the Seller. The template of the statement constitutes Annex No. 1 to these Terms and Conditions.

The statement of withdrawal should be sent to the correspondence address: ul. M. Skłodowskiej-Curie 5/6, 31-025 Kraków, and via e-mail to [email protected].

The Consumer shall return the Goods to the Seller within fourteen (14) days from the day on which they withdrew from the agreement. To meet the deadline, it is sufficient to send the Goods before its expiry.

The Goods should be returned to the return address: Aleksandra Prystora 8, 30-147 Kraków, together with the attached statement of withdrawal.

The Goods can also be returned using the InPost service. The Seller shall refund the payments made by the Consumer within fourteen (14) days from the day of receipt of the statement of withdrawal, provided that the refund will not occur until the Goods are received back or the Consumer provides proof of their dispatch.

The Seller will refund the payment using the same payment method used by the Consumer, unless the Consumer explicitly agrees to another method that does not incur any costs for them.

The Consumer bears the cost of returning the Goods to the Seller.

The right of withdrawal does not apply to agreements:

  • for goods made to the Consumer’s individual specification (Custom-made Goods);
  • for goods that are perishable or have a short shelf life;
  • for goods delivered in sealed packaging which cannot be returned for health or hygiene reasons once opened;
  • for goods that, after delivery, due to their nature, are inseparably combined with other items;
  • for audio or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;
  • for the supply of newspapers, periodicals, or magazines, except for subscription agreements.

The right of withdrawal from a distance contract does not apply to entities other than Consumers, as defined in these Terms and Conditions (see the definition of “Consumer”).

8. OUT-OF-COURT DISPUTE RESOLUTION

  1. If the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
    • Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    • Assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    • Free assistance from the city or county consumer ombudsman.
    • Online ODR platform available at: http://ec.europa.eu/consumers/odr/.
  1. This chapter entitled “Out-of-court dispute resolution” does not apply to one category of persons described in these Terms and Conditions as Consumers, the so-called “Entrepreneurs on consumer rights”, which came into force for contracts concluded from January 1, 2021. In view of this, for all contracts, the chapter applies only to entities belonging to the so-called category of Consumer sensu stricto.

9. PERSONAL DATA PROTECTION

  1. The Customer, by placing an order, agrees to the processing, provided by him/her, of personal data, for the purpose of processing and servicing the order, by the Seller, who is also the administrator of the personal data, within the meaning of Article 7 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 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), OJ L 119, 4.5.2016, p. 1-88.
  2. The administrator of personal data, provided by the Customer, while using the Store, is the Seller.
  3. Personal data, located in the database of the Seller, are not transferred to entities that do not participate in the implementation of the Sales Agreement.
  4. The Customer, in accordance with Article 15 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88, has the right to access his personal data, may request their correction or deletion. The Vendor provides each Customer with the right to control the processed personal data.
  5. The provision of personal data is voluntary, however, the lack of consent to the processing of personal data prevents the execution of the Customer’s order.
  6. Detailed information regarding personal data and privacy protection is included in the “Privacy Policy” tab on the Store’s website.

10. FINAL PROVISIONS

  1. The Regulations set out the rules for the conclusion and performance of the Contract of Sale of Goods found on the Store’s website.
  2. The contract of sale is concluded between the Customer and the Seller.
  3. The Regulations are available to all Customers in electronic version on the website of the Store zolami.pl .
  4. In order to use the Store’s Services, it is necessary to have devices that allow access to the Internet and a web browser capable of displaying web pages, as well as to provide an e-mail address for sending information regarding the processing of an order.
  5. It is forbidden for all persons, including Customers, to post unlawful content on the Store’s website.
  6. In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
  7. The Regulations do not exclude or limit any of the rights of the Customer, who is a Consumer, to which he is entitled under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, the provisions shall prevail.
  8. In the event that any provision of these Terms and Conditions is or should become invalid or ineffective, the validity of the entire Terms and Conditions for the remainder shall not be affected. In such a case, the Parties shall replace the invalid or ineffective provision with another provision that reflects the intended economic purpose as closely as possible. Accordingly, this also applies to any gaps in the Terms and Conditions.

Withdrawal from the contract

Shipping and Payments

Payment

Payment methods accepted in the Store:

  1. a) bank transfer
     b) fast payment via PayNow (bank transfer, BLIK, or card payment)
     c) online payment via PayPal
     d) payment by card: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro

Bank transfer details

Anna Babii
 Short name: Fashion & Style Studio
 NIP: 6772527845
 REGON: 542205975

  1. M. Skłodowskiej-Curie 5/6
     31-025 Kraków

ING bank account: 74 1050 1445 1000 0090 8548 1597

Shipping Costs

InPost Parcel Lockers 24/7

Shipping cost:
 Prepayment 13 PLN

InPost Courier

Shipping cost:
 Prepayment 16 PLN

Polish Post

Prepayment:
 Weight | Shipping cost
 Up to 2 kg | 16 PLN
 From 2 to 5 kg | 18 PLN
 From 5 to 10 kg | 24 PLN

Delivery and Pickup from Parcel Lockers 24/7

Pickup from the locker is possible via the inPost Mobile app or the received pickup/QR code. The parcel must be collected within 48 hours.

98% of parcel locker shipments are delivered the next day after dispatch.

Delivery and Pickup of InPost Courier Parcels:
 Statistically, 98% of InPost courier parcels are delivered the next business day after dispatch.
 The courier makes 2 attempts to deliver the parcel (does not apply to pre-holiday peak periods). If the recipient is unavailable, the parcel is sent to a designated InPost point, where it is held for 3 business days.

Returns

Rules for returning goods

Within 14 days from the date of receiving the goods, send a signed statement of withdrawal from the contract.
 Send the statement by email to: [email protected]

Return the goods to the warehouse address:
 Aleksandra Prystora 8, 30-147 Kraków

The consumer bears the cost of returning the goods.

Consumer Withdrawal Form

City: ___________, Date: __________

Consumer:

First and Last Name: ________________

Address: ________________

E-mail: ________________

Phone: ________________

Entrepreneur:

Name: Fashion & Style Studio sp. z o.o.

CONSUMER WITHDRAWAL FORM FOR SERVICES CONTRACT

Hereby, acting pursuant to Article 27 of the Consumer Rights Act of 30 May 2014 (Journal of Laws 2020, item 287, as amended):

Article 27 of the Consumer Rights Act

A consumer who has concluded a distance contract or a contract outside the business premises may withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs specified in Articles 33, 34(2), and 35.

I hereby inform you of my withdrawal from the contract concluded on _______________, concerning:

Accordingly, I kindly request the refund of the following amount arising from the withdrawal: ______ PLN (in words: _________________________________), to be transferred to the following bank account number: _________________________.

Sincerely,

Signature