Terms ans Conditions
ONLINE SHOP TERMS AND CONDITIONS
I General Terms and Conditions
1. This document establishes the conditions for all transactions concluded on the www.shop.bycabo.com Website run by the Seller.
2. In case of any errors on the Website (such as incorrect display of price or availability of Products), the Seller reserves the right to refuse to process an order.
3. Information about the availability of Products is updated from Monday to Friday in the afternoons except for statutory holidays.
4. Information about Products on the Website shall not constitute a commercial offer as understood by the Civil Code.
5. Illegal content or content contrary to principals of social coexistence is forbidden to all users of the Website.
Beata Stańczak byCabo
80-130 Gdańsk, Poland
NIP (VAT ID):5832205318,
Client – (1) natural person who has full capacity to enter into legal transactions or, in the events provided by law, a natural person with limited capacity to undertake any legal actions; (2) legal person who concluded or is willing to conclude a sale contract with the Seller.
Shop – online shop named byCabo run by the Seller on the Website available at www.shop.bycabo.com.
Goods or Products– clothing and accessories produced or provided by the company byCabo with intention of retail sale and marked with byCabo trade mark.
Price – product value displayed on the Website bycabo.com. Prices are displayed in Polish Zloty (PLN) and include VAT (gross price) but are exclusive of the cost of delivery to the address indicated by the Client.
Deliverer – shipping company providing courier services co-operating with the Seller.
Delivery Cost, Delivery of Product – cost of delivery of ordered Products to the address indicated by the Client.
Order – instruction submitted by the Client to the Shop to purchase Products in accordance with the Terms and Conditions.
1. Placing orders
- The Client can place an order under the condition that: the order form on the Website is correctly completed and present Terms and Conditions are read and accepted.
- If a VAT invoice is required, the Client shall mark appropriate options and enter necessary data in the order form.
- The Client is requested to fill the registration form only once. For future orders, the username and the password established in the registration process are to be used.
- Username and password are confidential. Any damage caused by the disclosure of the information by the Client is under his exclusive responsibility.
- Update of data entered during registration is possible with the established login details. The Client is fully responsible for data to be up-to-date.
- By placing an order, the Client agrees to be legally bound by the Terms and Conditions.
2. Order processing
- Placing an Order is possible 24 hours a day all year long.
- Placing an order in the Online Shop is equivalent to concluding a sales agreement.
- Payments for Products and Delivery Costs shall be paid by bank transfer (prepayment), PayPal, Dotpay or by choosing the option “cash on delivery” (available only in Poland)
- If the payment is not recorded within 72 hours (3 working days) from the order, the transaction will be automatically cancelled.
- Orders shall be finalised within 3 working days upon the date of receiving transaction confirmation from the Shop.
- In case of payment by bank transfer, the order processing time start with the time of crediting the payment to Seller's bank account.
- The Seller reserves the right to additional verification of data entered by the Client, e.g. by telephone or e-mail contact with the Client
- The Seller reserves the right to decline an order if: the order form is incorrectly filled in, the order was placed with a violation of the Terms and Conditions, the amount of the transaction is evidently a result of an error made by the Seller or the system.
- The Seller has full ownership rights to the Product until a total payment of the sale price according to this Terms and Conditions is recorded.
- Conditions of the sale agreement are regulated by the Terms and Conditions, by the legal regulation in force and any arrangements made between the Seller and the Client.
- The Seller will ship ordered Products with the help of courier services provided by the Deliverer.
- The delivery is processed by the Deliverer within 3 workdays upon the moment of: recording payment on Seller's bank account in case of bank transfer or the day of receiving confirmation of the order;
- Current delivery costs are displayed on the Website of the Shop.
- The Deliverer delivers within 24 hours upon shipping date, the Seller does not take responsibility for any deadline failure of courier services.
- The Seller does not take responsibility for delays in delivery occurring for reasons beyond his control, unless responsibility of the Seller is stemming from legal regulations.
- All shipments are monitored by the Seller and shipped in original packaging and wrapped with adhesive tape. If the package shows wrapping damage or intervention of third parties, the Client shall not accept the delivery.
- If the Client does not check the package in the presence of the Deliverer, any complaint concerning a situation mentioned in the point above shall not be taken into consideration. If a situation like this occurs, it is necessary to fill a damage protocol and send it to the Shop.
IV Returns and exchanges
1. The Client has the right to withdraw from the agreement made with the Seller without explanation within 14 days from the date of delivery by contacting the Seller via e-mail on firstname.lastname@example.org . The Client has to pay returning costs.
2. The Client may return either all, or only the chosen items in the order.
3. If the order was prepaid with a bank transfer, the return amount (reduced with delivery costs) will be transferred back to Client's bank account used in the transaction or a different bank account if the Client indicates so within 14 days from the date of delivery of the returning package.
4. Every Product can be exchanged for another in different size or colour. The Client will cover the additional costs of returning the product to Seller's address, which is: byCabo 80-130 Gdańsk, ul. Ujeścisko 20/4.
5. Products returned or exchanged shall be: - appropriately packed in undamaged original packaging provided by the Producer, - complete, - originally tagged and secured, - with no marks of use.
6. The above mentioned restrictions concerning returns do not violate or limit the right to withdraw from a sale contract guaranteed by the legal regulations in force. The above mentioned restrictions regarding Clients considered Consumers according to the Civil Code, shall be in each case understood as in accordance with legal regulations in force.
7. The right to withdraw does not apply to Clients specified in the Paragraph 3 Article 10 of the Terms and Conditions.
8. The Client is given the right to exchange an ordered Product with another within 14 days upon delivery under the agreement of the Seller.
9. In case of exchange, the initial payment will cover the price of the replacing Product. In case of price difference – the Client will proceed additional payment or the Seller will transfer appropriate amount to Client's bank account
10. The Seller does not accept any delivery with the option “cash on delivery”.
1. If the Client observes that the purchased Product is a faulty product, especially if it shows quality defects or mechanical defects due to inappropriate shipping conditions, as well as if the Client founds that the Product shows differences comparing to description on the Website, the Client is given the right to complain.
2. Differences in the description on the Website due to individual settings of Client's computer (colour, proportions, etc.) cannot be the foundation of a complaint and return of a Product purchased in the Shop byCabo.
3. A complaint in writing with receipt and the Product shall be delivered to the Seller. A complaint can be dismissed if the purchase prove, the VAT receipt or the complaint letter is missing or if the Seller observes that the returned Product has been damaged while being in Client's hands.
4. The Client covers Delivery Costs of Products being subject matter to a complaint shipped to the Shop. Reimbursement of Delivery Costs is possible only under the condition that the complaint is acknowledged.
5. The Client is required to submit valid contact information such as telephone number and e-mail address.
6. The Seller shall process the complaint within 14 days upon the date of receiving the package with the Product being subject matter of complaint.
7. If the complaint is acknowledge, the Shop shall sent the Client the same Product of standard value – repaired or new. If the Product is no longer available, the Seller shall reimburse appropriate value to the Client or send an another Product upon prior consultation with the Client.
8. If the complaint is dismissed, The Product shall be sent back to the Client together with a notice explaining the illegitimacy of the complaint.
9. All complaints shall be addressed to: byCabo, ul. Ujeścisko 20/4, 80-130 Gdańsk
VI Personal data protection
1. By entering data in the registration process on the Website of the Shop byCabo, the Client agrees for his personal data to be stored in database of the Shop and to be processed for marketing purpose exclusively for the use of the Shop byCabo.
2. The Client can agree to receive from the Seller marketing and commercial content through the registration form by marking appropriate options. The content mentioned above will be provided to the Client via e-mail. Acceptance of this options is not a requirement influencing order fulfilment.
3. Personal data is protected in accordance with the Act dated. 29.08.1997. "On protection of personal data" (Dz. U. No. 133, pos. 883) in a manner that prevents access to it by a third party.
4. According to the legal Act mentioned above, Clients are guaranteed access to their data and have the possibility to modify or cancel it by sending an e-mail with a request to delete an account from the Website of the Shop, as only the administrator/owner of the Website has the power to do so.
VII Final provisions
1. Acceptance of the Terms and Conditions is necessary to place an order.
2. The Seller reserves the right to change regulations of the Terms and Conditions at any time.
3. Changes in the Terms and Conditions shall apply from the moment they are announced on the Website of the Shop.
4. In any matters not covered herein, the provisions of the Polish Civil Code shall apply. Any disputes arising shall be settled by the court competent for the location of the registered office of the Seller.
- By entering data in the registration process on the Website of the Shop, the Client agrees for his personal data to be stored in the database of the Shop and to be processed for marketing purpose exclusively for the use of the Shop. Personal data is protected in accordance with the Act dated. 29.08.1997. "On protection of personal data" (Dz. U. No. 133, pos. 883) in a manner that prevents access to it by third party. According to the legal Act mentioned above, Clients are guaranteed access to their data and have the possibility to modify or cancel it by sending an e-mail with a request to delete an account from the Website of the Shop.
- What data do we gather?
While using and shopping on our Website you can be requested to enter some of your personal data in a form. The requested data is necessary for the order to be successfully entered to the system. We request only data needed to process an order, send newsletters and maintain good quality of our services according to your needs. Disclosure of your personal data is absolutely voluntary. When you visit our Website, technical data, such as your IP address, platform and browser model, the name of the site from which you entered our Website is gathered automatically.
- How do we use the collected data?
If you subscribed for our newsletter or in a different way agreed to receive it, we use your data in order to provide it. Data gathered automatically can be used to analyse online behaviours of users, to collect demographic information and finally for newsletter personalisation. The company byCabo Beata Stańczak does not provide any personal data to any business entities in order to obtain any economic benefits or to further use.
- How do we contact the Client?
Once you have purchased a Product on our Website and provided your e-mail address, we will send you a confirmation of your order. If you subscribe to our newsletter, we will provided it to you via e-mail. You can unsubscribe anytime you want.
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