Terms & Conditions of Use
These Terms & Conditions of Use refer to sales based on using remote means of communication and the rendering of services electronically. The said Terms define the conditions for shopping at the WeGirls online shop run by the Seller at the web address www.wegirls.pl.
Definitions: the words or phrases used in these Terms should be understood as follows:
- Seller – WeGirls S.A., based in Kraków, Poland, at ul. Prof. Życzkowskiego 14, entered in the Business Register of the National Court Register (KRS) under number KRS 0000469543, REGON 122884622, NIP 676-246-60-59, with share capital of 536,800 zł paid in full
- Customer – an individual at least 13 years of age (in the case of an individual who has not yet turned 18 the consent of this person’s legal guardian is required), or a body corporate or organisational unit without corporate status granted legal capacity by special provisions, who buys or intends to buy Goods by placing an order or uses other services of the Online Shop (a Consumer is also covered by this definition).
- Online Shop / Shop – the Internet-based site bearing the name WeGirls, available at the address www.wegirls.pl, via which a Customer may purchase Goods from the Seller.
- Parties – the Seller and the Customer.
- Goods – movables presented in the Online Shop that can constitute the subject of a contract of sale.
- Registration Form – a service available on the Shop’s website via which a Customer, by providing their personal details, opens a user’s account with which they may purchase Goods.
- Order Form – a service on the Shop’s website via which a Customer without a user’s account may purchase Goods.
- Terms – these Online Shop Terms & Conditions of Use.
- Order – a declaration of will by a Customer explicitly defining the type and quantity of Goods, with the intention of concluding a remote contract of sale via the Online Shop.
I. General provisions
- The Online Shop WeGirls is run by WeGirls S.A., based in Kraków, Poland, at ul. Prof. Życzkowskiego 14, entered in the Business Register of the National Court Register (KRS) under number KRS 0000469543, REGON 122884622, NIP 676-246-60-59, with share capital of 284.000 zł paid in full.
- These Terms define the rules for the conclusion of contracts of sale of Goods between the Seller and Customers based on remote means of communication and Customers’ usage of the WeGirls Online Shop accessible at the Internet address www.wegirls.pl
- In regard to services rendered electronically, these Terms constitute the regulations referred in in article 8 of the act passed on 18 July on rendering electronic services (Legal Journal No. 144 from 2002, item 1204 with later amendments). The Terms are addressed to all Customers of the Online Shop. The Customer is obliged to adhere to all provisions of the Terms. Sale takes place on the basis of this version of these Terms.
- None of the information contained on the website of the Shop referring to the products (together with the prices) constitutes a trade offer as understood in article 66 of the [Polish] Civil Code, but is an invitation to conclude a contract defined in article 71 of the [Polish] Civil Code.
- The information about the price given on the Online Shop’s website is binding from the moment of receipt by the Customer of an e-mail message, as referred to in provision IV point 5 of the Terms. This price will not change following the effective placing of an Order, regardless of changes in prices in the Shop which may occur in regard to specific Goods.
- Photographs of the Goods are published on the Online Shop’s website to serve as examples and to present specifically the models shown in them.
- Customers may purchase Goods via the Online Shop regardless of whether or not they have registered (by filling in the Registration Form) and opened an account.
- In order for an Order to be effectively placed, the Customer must provide precise address details as well as a telephone number or e-mail address via which they may be contacted by the Seller.
II. General rules
- These Terms should be read and accepted before using the Online Shop’s services. By placing an order, a Customer accepts the contents of the said Terms.
- Information given in the Registration Form and Order Form should be true and up-to-date. In the event of providing false or out-of-date information, the Seller is not obliged to process the Order.
- The WeGirls Online Shop sells Goods via the Internet.
- All products offered by the WeGirls Online Shop are brand-new, in their original packaging, devoid of physical or legal defects, and may constitute the subject of legal sales in the Republic of Poland.
III. The Parties’ rights & obligations
- The Seller takes all possible technical and organisational means to prevent the acquisition by unauthorised persons of data given when registering and placing Orders.
- The Customer is obliged in particular to: a) use the services offered by the Seller in a manner not causing disruption to the functioning of the Online Shop, specifically by using defined software or hardware; b) not take steps aimed at coming into possession of confidential information held by the Seller; c) use the services offered by the Seller in a manner in keeping with the legislation in force in the Republic of Poland, the provisions of these Terms, as well as in line with accepted customs in the scope concerned; d) use the services offered by the Seller in a manner not troublesome for other Customers or the Seller, with respect for the personal rights (including the right to privacy) and other rights they have; e) make use of any content published in the Online Shop for their personal use only.
- The Seller may deny a Customer the right to use the site in the event of providing false data in the Registration Form or Order Form, or in the event of violation of the obligations referred to in point 2 above. A Customer denied the right to use the services of the Online Shop may not re-register without the prior consent of the Seller.
- The effective placing of an Order is only possible when Goods chosen by the Customer are available in the Seller’s stocks. Information regarding availability is given on the Shop’s sub-page for specific Goods. In the event of the ineffective placing of an Order resulting from information given on the said sub-page being inconsistent with the actual state of the Seller’s stocks, the Customer is informed of this fact and has the option of modifying the Order in whole or in part. In the event of it being impossible to process an Order due to the selected Goods being unavailable, the Seller has the right to withdraw from the contract in whole or in part, and the Order shall be fully or partially annulled, regarding which the Customer receives information electronically, sent to the e-mail address provided. Payment made by a Customer for ordered Goods which cannot be delivered will be returned by the Seller within 7 days of the date of effectively informing the Customer of the impossibility of completing the Order.
IV. Placing orders
- Orders for Goods available in the Online Shop are placed via the Order Form available on the Shop’s website.
- Placing an order via the Order Form is possible 24 hours a day on all days of the week. The processing of Orders placed on weekdays after 13:00, on Saturdays, Sundays and national holidays, will commence no earlier than on the next working day. Orders are dispatched to Customers on working days up to 15:00.
- In the case of a Customer registering with the Online Shop, an Order is placed by logging in to the Shop’s website, adding Goods to the shopping basket, and confirming one’s intention to place an Order. In the case of a Customer not registering, in order for an Order to be placed the Customer must place Goods in the shopping basket, fill in all required boxes in the Order Form essential for dispatch of the Goods, and carry out other technical steps based on information or messages displayed to the Customer. Registration carried out by a Customer is taken as the Customer expressing their consent for the receipt electronically of the WeGirls newsletter, in line with the content of the Newsletter Terms.
- The sending (placing) of an Order by a Customer (confirmed by clicking on ‘Confirm Order’) constitutes an offer from the said Customer submitted to WeGirls S.A. for the conclusion of a contract of sale in keeping with the content of these Terms.
- Immediately following the sending (placing) of an Order, the Customer receives confirmation of the acceptance of their offer (the Order) by the Seller sent electronically (Confirmation of acceptance of the Order for processing) to the e-mail address given by the Customer. Receipt of the above confirmation is tantamount to the conclusion of a contract of sale of the Goods ordered by the Customer.
- The Customer is entitled to cancel their Order before receipt from the Seller of confirmation of acceptance of the Order for processing. Declaration of the intention to cancel an Order should be sent to the Seller by e-mail to the address firstname.lastname@example.org.
- An Order is deemed effective in the situation defined in provision III point 4, first and second sentences, and if the Customer has correctly completed the Order Form and providing the data submitted, in particular the address, telephone number, and e-mail address, is correct.
- In the event of data provided by the Customer being incomplete, the Seller contacts the Customer using the e-mail address and telephone number provided by the Customer in the Order Form. Should contacting the Customer prove impossible, the Seller has the right to annul the order.
V. Payment and Prices.
- All prices for the Goods given on the Shop’s website:
a) are given in Polish zlotys,
b) are inclusive of VAT,
c) are non-inclusive of delivery costs.
- The price given for any Goods is binding at the moment of placing an Order by a Customer.
- The Customer has the right to choose their means of payment for the Goods ordered:
a) by cash to a person accepting the amount due on behalf of the carrier entrusted by the Seller with delivering the ordered Goods (cash on delivery).
b) by bank transfer before delivery (payment in advance). Should the Customer choose the method of payment in advance, non-receipt of the amount due on the WeGirls S.A. account within 2 days of the placing of an Order will result in annulment of the said Order. Payment by bank transfer should be made to the Seller’s account as follows:
Account owner: WeGirls S.A.
Bank: Alior Bank; account number: 53 2490 0005 0000 4600 6842 2884
- The Seller reserves the right to alter the prices for Goods, to conduct and to cancel promotions and sell-off sales, or to make modifications to such. The above right has no impact on the prices of Goods in Orders placed before the date when price changes come into effect, or on the terms of promotions or sell-off sales.
- Promotions in the Online Shop may not be combined unless the terms of the promotion allow otherwise.
VI. Processing of Orders.
- The Seller begins processing an Order following the Customer’s receipt of confirmation of the acceptance of their Order.
- The processing of an Order should take from 1 to 3 working days, and depends among other things on:
a) the means of payment chosen by the Customer: in the event of advance payment being chosen, the processing of the Order commences once the sum for the Goods and delivery is credited to the Seller’s bank account;
b) availability of Goods; the time given in the first sentence of this point may be exceeded due to reasons related to possible difficulties in processing the Order.
- The cost of delivering the Goods is borne by the Customer, and is added to the price for the Goods ordered.
- The Goods are delivered to the chosen address within the Republic of Poland by the carrier company GLS. The time anticipated for delivery by this company is 1 working day from the day following dispatch of the Order. This time may change as a result of circumstances affecting the carrier in regard to which the Seller has no influence.
- When receiving the delivery of an Order, the Customer should check the condition of the delivery. Should any damage or interference with the packaging be noted, a damage report should be drawn up in the courier’s presence, which should be sent together with the returned Goods to the Seller without delay.
- The maximum time for processing an Order is 30 days, after which the Customer is entitled to cancel the Order by sending a declaration of such intention to the Seller by e-mail.
- Orders are processed in the order in which they are received while stocks last.
- Proof of purchase is sent with all consignments (VAT invoice or cash register receipt). Should the Customer be an active VAT payer and require an invoice, information to such an effect should be provided, e.g. by e-mail immediately after placing an order, giving the required invoice details.
VII. Right to withdraw from contract
- The Customer may withdraw from the contract of sale of Goods concluded remotely without giving a reason by submitting an appropriate declaration of will in writing within 10 (ten) days.
- The above right may be exercised by the Customer by sending a written declaration of withdrawal from the contract of sale to the address: WeGirls Spółka Akcyjna, ul. Łowicka 25/14-B, 02-502 Warszawa.
- The above 10-day period begins on the day of delivery of the Goods to the Customer by the carrier.
- In the event of withdrawal from a contract of sale of Goods concluded remotely, the said contract is deemed not concluded, while the Customer is relieved of any obligations. What the Parties provided is to be returned in unaltered state, meaning that the declaration of withdrawal shall be deemed ineffective should the returned Goods have any mechanical damage, be soiled, or be missing any components constituting integral parts of the said Goods, unless this is as a result of the Goods not conforming to the contract of sale as understood in the Act passed on 27 July 2002 on specific terms and conditions of consumer sale and amendments to the Civil Code (Legal Journal no. 141, item 1176 with later amendments).
- The mutual return, of Goods delivered and of payment made, should occur without delay, and no later than within fourteen (14) days. When withdrawing from a contract of sale with the Seller, the Customer should provide the Seller with details of the bank account to which the Seller is obliged to reimburse the Customer the money paid for the Goods. In the event of the Customer not providing bank account details for the purpose indicated in the previous sentence, the Seller is entitled to reimburse the Customer via a postal services provider.
- The Goods returned by a Customer should be appropriately packed such as to ensure no damage during transport, and should as far as is possible be returned in their original packaging. The Goods should be returned together with any accessories they came with plus documents issued for their sale to the address: WeGirls Spółka Akcyjna, ul. Łowicka 25/14-B, 02-502 Warszawa.
- The Customer bears the cost for packing and returning the Goods.
- The regulations indicated *** in provision VII points 1-7 refer exclusively to Customers who are consumers as understood by the [Polish] Civil Code and the Act on specific terms and conditions of consumer sale and amendments to the Civil Code. The rights anticipated in the above regulations therefor apply only to individuals making purchases for purposes unrelated to economic activity.
VIII. Goods inconsistent with the contract. Claims.
- The Seller, as the party selling the Goods, is responsible to the Customer for inconsistency with the contract of sale for the Goods bought by the Customer within the scope defined by the Act on specific terms and conditions of consumer sale and amendments to the Civil Code.
- In order to avoid doubt, it is determined that none of the provisions of these Terms restrict the Customer’s rights resulting from legislation in force in the Republic of Poland. Should it be determined that there is a provision of such character, the legislation in force applies, in particular that of the Civil Code, the Act on the protection of certain consumer rights and on liability for damages caused by a hazardous product and the act on specific terms and conditions of consumer sale and amendments to the Civil Code.
- In the event of delivered Goods being determined as inconsistent with the contract of sale, the Customer has the right to submit a written claim. The claim should be submitted within two months of the day on which the Customer found out about the Goods being inconsistent with the contract, but no later than two years from the date of issue of the Goods.
- Grounds for submitting a claim may specifically be the delivery of Goods other than the Goods ordered, of incorrect preparation of the Order, or the delivery of the incorrect number of Goods.
- In the event of this right being exercised, a claims form should be filled in and returned together with the Goods in question plus proof of purchase (receipt or invoice).
- The Seller reserves the right for a 14-day period of dealing with claims from the moment of receipt of the returned Goods from the Customer, and is obligated to inform the Customer of action taken.
- In the event of a claim being dealt with in the Customer’s favour, the Customer may opt for the product to be replaced with another, or reimbursement of the amount due to a bank account of the Customer’s choice. Such reimbursement will be made within 14 days of the moment of processing of the claim.
- The cost for delivering Goods constituting the object of a claim to the Seller is covered by the Seller. The Shop does not accept any returns sent for cash on delivery.
IX. End provisions
- The acknowledgement of specific provisions in these Terms in a manner anticipated by law as invalid or ineffective does not affect the validity or effectiveness of the remaining provisions of the Terms. The rule closest to the objectives of the invalid provision and these Terms as a whole shall apply in place of the invalid provision.
- The Seller reserves the right to modify these Terms at any moment in time. Such modification to the Terms is binding from the moment of being distinctly indicated and published on the Online Shop’s website. Registered Customers will be bound by the provisions of the new Terms.
- The currently-binding Terms are published on the Online Shop’s website.
- The Seller is not responsible for the blocking by e-mail server administrators of the sending of messages to an e-mail address given by a Customer or for the deletion or blocking of e-mail messages by software installed on a computer used by a Customer.
- The Seller is not responsible for transactions carried out by unauthorised third parties acquiring access to a Customer’s account due to the Customer not following security precautions when using their account login and password.
- The Terms come into force on 01.03.2014.