Terms and Conditions
These Terms and Conditions set out the regulations for making purchases and using the services available at www.missliberte.com.
- The administrator of the online store located at www.missliberte.com (hereinafter referred to as the "Store") and personal data of the Store's customers is MISS LIBERTE Magdalena Zawadzka in Warsaw (02557), ul. Bałuckiego 32/9, NIP: 972-106-18-29, Regon: 361042208.
- These Terms and Conditions are addressed to all users of the Store, and define the rules for registering and using a Store account, placing orders in the Store and the rules for concluding sales contracts for products available in the Store.
- Any user of the Store can access the Terms and Conditions at any time by "clicking" the "Terms and Conditions" link located on the store's website.
- Information about the Products in the Store, among others, descriptions, 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 and Conditions.
- Products in the Store are labelled in detail. The website provides information, in particular, about the characteristics of the Product, its price, the material from which it is made, etc.
- Photographs and presentations of the offered products are used to present the models of the Products specifically indicated on them.
II. RULES FOR USING THE STORE AND CONCLUDING AN AGREEMENT FOR THE SALE OF PRODUCTS
- MISS LIBERTE Magdalena Zawadzka makes it possible to conclude agreements for the sale of Products via the Internet and provides other services specified in these Terms and Conditions.
- The agreement for the sale of products is concluded between the Store user (hereinafter referred to as the "Client") and MISS LIBERTE Magdalena Zawadzka based in Warsaw (hereinafter referred to as MISS LIBERTE).
- In order to start using the Store, it is necessary to read and accept these Terms and Conditions.
- The information provided by the Client in the process of placing an order should be factual, up-to-date and accurate. MISS LIBERTE reserves the right to refuse to process an order if the data provided is so inaccurate as to make it impossible to process the order, in particular, to prevent proper delivery of the shipment. Before refusing to process an order, MISS LIBERTE will attempt to contact the Client in order to ascertain data to the extent necessary to complete the order.
- A Client who has used the Store is obliged to:
a) Not to provide or forward content prohibited by law;
b) Use the Store in a manner that does not interfere with its operation;
c) Not to send or post unsolicited commercial information within the Store;
d) Use the Store in a manner that is not burdensome to other Clients and the Store Administrator;
e) Use the content of the Store's pages for personal use.
III. CONCLUSION OF THE SALE AGREEMENT
- The Store allows placing orders for Products in the following ways:
a) On the Store's website (online), using the ordering procedure,
b) By e-mail, sending an order indicating the selected Products to the e-mail address: [email protected]. - applies only to products or delivery locations not available in the online store.
- The Store accepts orders placed online 24 hours a day, on all days of the week. Orders placed by e-mail are accepted on business days from Monday to Friday from 10:00 am to 4:00 pm. Orders placed by e-mail on Saturdays, holidays and public holidays will be processed within 2 business days following the day on which the order was placed.
- The Client can place an order without permanently registering his/her data in the Store's database (so-called shopping without registration).
- The condition for placing an order is to fill in the form with all the required data necessary for shipping or system generation of a VAT invoice or bill.
- In order to place an order, it is necessary to make a selection of Products in the Store, in particular in terms of their quantity, colors, sizes, and then go to the "Cart" and continue the ordering procedure by selecting the appropriate options.
- Up to the moment of approving the selection of Products with the "Buy and pay" button, the Client has the possibility to make changes and modifications to the Products in the order, as well as to the contact details for shipping or invoice. The Client's approval of the order by using the "Buy and pay" button is equivalent to the acceptance of the obligation to pay the price of the Products and their delivery costs.
- The Client's approval of an order in accordance with paragraph 5 above shall constitute the Client's offer to MISS LIBERTE to enter into a contract of sale, in accordance with the contents of the order, and these Terms and Conditions.
- After placing an order in accordance with paragraph 5 above, the Client will receive a message at the e-mail address provided, containing information regarding the order placed, the quantity of the ordered Goods, the value of the order, the selected type of delivery and payment, the order processing time and the contact details of the Client. The aforementioned message constitutes confirmation of receiving Client's purchase offer by the Store.
- The Store sends confirmation of acceptance or refusal of the Client's offer made electronically ("Order Confirmation") or refusal of the Client's offer, to the e-mail address indicated by the Client. Upon receipt of the aforementioned confirmation, the agreement of sale of the goods ordered by the Client is concluded between the Client and MISS LIBERTE.
- The agreement of sale is concluded in the Polish language, with the content consistent with these Terms and Conditions and the order placed by the Client.
- Without prejudice to the Client's right to withdraw from the contract in accordance with the relevant legal regulations, the Client may cancel the order before receiving confirmation from the Store of acceptance of the purchase offer, i.e. before receiving the email confirming acceptance of the order for processing referred to in paragraph 8 above. In this matter, the Client should immediately contact the Store, which includes contact by phone, with e-mail confirmation.
- The Store reserves the right to refuse to process an order under the sales agreement if: (i) the Buyer's contact details are so inaccurate as to make delivery of the goods impossible, (ii) the transaction has not been authorized in the PayPal.pl or PayU.pl electronic payment system, or or (iii) payment for the order has not been made within 2 business days after the order was placed.
IV. DELIVERY AND RECEIPT OF PRODUCTS
- The processing of the order is initiated at the earliest until the amount of the sale price and shipping costs is credited to the Store's bank account, in case the Client chooses the form of payment as online prepayment (i.e. via PayU, PayPal or ordinary online transfer).
- Products are delivered to the address indicated by the Client in the order. The expected delivery time to the Client when choosing courier service is 1-2 business days from the day after the shipment is sent. The total and maximum order processing time should not exceed 7 working days, and in any case will not exceed 20 days from the date of conclusion of the sales agreement. For products available for pre-order, the estimated shipping time is specified in each product description.
- The products are delivered to the specified address in the Republic of Poland via shipping companies InPost and DPD. Current product delivery charges are visible in the ordering process. All shipments are made by an insured courier service.
- Each product is shipped with proof of purchase (receipt or VAT invoice).
- Clients have the option of indicating the place of delivery of the Products to a country outside the territory of the countries visible in the list of selection of the country of delivery visible in the Store (hereinafter referred to as "Country not on the list"), with the following reservations:
a) Placing an order with the place of delivery of products to a Country outside the list can be done only by e-mail, by sending an order indicating the selected Products to the e-mail address: [email protected].
b) Within 2 working days, the Store will send information to the Client about the possibility or refusal of processing the order, together with a proposal of delivery costs.
c) After mutual agreement on the cost of delivery, a final summary of the order and payment details are sent, with a request to confirm the order
d) The Client's approval of the order by e-mail is tantamount to acceptance of the obligation to pay the price of the Products and their delivery costs.
e) The order will be processed after the payment is made by the Client
- For the processing of orders referred to in paragraph 5 above, the rules of these Terms and Conditions shall apply, with the following modifications:
a) The processing time of the order depends on the place of delivery of the products, but as a standard it does not exceed 20 working days from the date of acceptance of the order for processing.
b) Delivery of products will be made only through a courier company,
c) The cost of returning the products after the withdrawal from the agreement of sale is covered by the customer.
- 7. The Store does not direct its business to Countries not on the list, but only allows Clients to indicate as the place of delivery of the Products a Country not on the list, according to the rules set forth above.
V. PRICES AND PAYMENT METHODS
- Information about the purchase price of a product provided on the store's website is binding from the moment the Client receives an e-mail confirming the acceptance of the Client's order for the purchase of selected Products, indicated in section III. 8. The aforementioned price will not change regardless of price changes in the Store, which may occur after confirmation of the order in an email notification.
- The prices of products in the store are provided in Polish zloty and include all its components, including VAT, customs duties and taxes.
- The Client shall pay the price for the ordered Products, including delivery costs, of his/her choice:
a) By traditional bank transfer or by electronic payment processed through PayU or PayPal payment system before delivery. If the Client chooses the prepayment method, lack of receipt of payment to the account of MISS LIBERTE or intermediary parties in the transaction (PayU or PayPal services) within 2 days after placing the order, will result in cancellation of the order. In such a situation, the order can be resubmitted and another form of payment can be chosen. The processing of an order paid by bank transfer or credit card begins upon receipt of payment for the goods.
b) If the Client chooses the option of delivery of goods outside the territory of the Republic of Poland, in accordance with the rules of these Terms and Conditions, payment of the price of the products is possible only in the form of electronic payment.
- MISS LIBERTE reserves the right to change prices of goods in the Store, to introduce new goods for sale, to carry out and cancel promotional actions on the store's pages, or to make changes to them in accordance with the regulations of the Civil Code and other laws, but such changes do not affect the rights of persons who have entered into agreements for the sale of goods offered by the Store before the aforementioned changes were made, or the rights of persons entitled to take advantage of a given promotion, in accordance with its conditions and during its duration.
- After selecting an electronic payment method via PayU or PayPal, the Client will be redirected to the PayU or PayPal payment form, whereby payment may be made upon the Client's prior acceptance of the terms and conditions of this payment method provided by PayU or PayPal as payment services.
VI. PRODUCT COMPLAINTS
- The products offered in the store are brand new and original. MISS LIBERTE is liable for physical or legal defects of the Products on the basis of Article 556 and following of the Civil Code.
MISS LIBERTE takes measures to ensure the fully correct functioning of the Store, to the extent that results from the current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by the Clients.
- Any product purchased in the store may be complained about in accordance with the terms and conditions of complaint specified by the relevant legislation, if it has defects, constituting its non-compliance with the sales agreement.
- Complaints can be submitted by mail by sending the product back with a written description of the defect or a complaint form and proof of purchase from the Store, by registered mail or other form of delivery, to the address: MISS LIBERTE ul. Flory 7/3, 00-587 Warszawa, with a note: "Complaint e-store missliberte.com". The claim form is sent upon request by e-mail, after requesting it to [email protected].
- The Client will receive information about the processing of the complaint within 14 days from the day following the receipt by the Store of the shipment containing the complained product.
- If the Product has defects, the Client is entitled to the following claims under Article 556 and Article 561 of the Civil Code:
(a) Requesting withdrawal from the Agreement or reduction of the price of the Product, unless the Seller immediately and without undue inconvenience to the Buyer replaces the Product with one free from defects or removes the defect, or
b) Requesting replacement of the Product with a defect-free one or removal of the defect.
- If the complaint is not accepted, the Product will be sent back with an opinion as to why the complaint is not justified.
- If the Client finds damage to the Product during transport, it is recommended that the Client draw up a damage report in the presence of the courier.
VII. PRODUCT RETURNS - CANCELLATION OF SALES AGREEMENT
- A client who is a consumer within the meaning of the relevant legislation has the right to cancel the sales agreement without stating a reason, under the conditions described below.
- The period for cancellation of the sale agreement of the Products expires after 14 days from the day on which the Client came into possession of the Products or on which a third party other than the carrier and indicated by the Client came into possession of the Products. Since the Products available in the Store are produced in short batches, returns made after 14 days will not be accepted.
- Only products that bear no signs of wear, have the original attached tag and are undamaged are eligible for return. In order to be able to return it, for hygiene reasons it is necessary to try on the panties over thin underwear.
- To exercise the right of cancellation, the Client should inform the Store of his decision to cancel the agreement by an unequivocal statement sent by mail to the address: MISS LIBERTE ul. Flory 7/3, 00-586 Warszawa or by email to [email protected].
- Upon receipt of the statement indicated in paragraph 4, the Store will immediately send the Customer an acknowledgment of receipt of information on cancellation of the agreement by e-mail or traditional mail.
- To meet the deadline for cancellation, it is sufficient for the Client to send information on the exercise of his right of cancellation before the expiry of the deadline for cancellation.
- The Client shall send back the Products about which the agreement is cancelled to the following postal address: MISS LIBERTE, ul. Flory 7/3, 00-586 Warszawa, no later than 14 days from the day on which he/she informed the Store about the cancellation of this agreement. The deadline is met if the Client sends back the Product before the expiration of the 14-day period.
- It is also possible to return the Products in person at the address of the MISS LIBERTE showroom, ul. Flory 7/3, 00-586 Warszawa, only during the showroom's business hours listed on the Store's website. In the case of a personal return, the Client must provide the returned products with the receipt and order number.
- The Client shall bear the direct costs of returning the Products.
- In the event of cancellation of the agreement, the Store will return the value of the returned Products to the Client. The cost of delivering the products (courier shipping cost) is refunded if the entire order is returned. In case of returning a part of the order (selected Products), the shipping cost is not refunded. Refunds will be made immediately upon receipt of the products sent back by the Client and positive verification of the fulfillment of the conditions of section VII, paragraph 3. For returns delivered in person, refunds will be made within 2 business days after delivery of the returned Products.
- The Client's payment will be refunded using the same means of payment used by the Client in the original transaction, unless the Client has expressly opted for a different solution. In any case, Clients will not be charged in regard to this return.
- Clients are responsible only for the diminished value of the returned Products resulting from using them in a manner other than necessary to ascertain the nature, characteristics and functioning of the goods.
VIII. INFORMATION ON SERVICES PROVIDED ELECTRONICALLY
- The Store provides the following services to Clients electronically:
(a) Enabling online conclusion of agreements for the sale of goods in the Store in accordance with these Terms and Conditions,
b) Enabling the creation of Client accounts in the Store,
c) Sending ordered commercial information regarding Products.
- The technical conditions for providing electronic services by the Store are as follows:
a) Access to the Internet,
b) Use of an up-to-date version of a web browser that allows editing hypertext documents (Chrome, Internet Explorer, Opera, FireFox or similar),
c) Possession of an e-mail account.
IX. FINAL REMARKS
- Clients' personal data provided during registration in the Store are processed by MISS LIBERTE solely for the purpose of order processing, and may also be processed for marketing purposes if the Client agrees to this in a separate statement. The Client has the right to supplement, update, correct personal data, temporarily or permanently suspend permission for their processing or demand their deletion if they are incomplete, outdated, untrue or were collected in violation of the law or are no longer necessary for the purpose for which they were collected, and the right to object to the processing of personal data for marketing purposes.
- Lack of acceptance of the provisions of these Terms and Conditions prevents the purchase of Products offered by the Store. The Store will allow the Client to read the Terms and Conditions when placing an order. Clients with an account in the Store will be informed of the change in the Terms and Conditions via email correspondence. A Client who does not accept the changes introduced in the Terms and Conditions has the right to delete the account at any time.
- Polish law applies to the agreement for the sale of products in the Store. The agreement is concluded in the Polish language.
- In matters not regulated by these Terms and Conditions, the provisions of the Civil Code or the provisions of other legal acts applicable to the operations and functioning of the store shall apply accordingly.
- The competent court for the settlement of disputes is the court of local jurisdiction according to the applicable regulations.
- MISS LIBERTE reserves the right to amend the Terms and Conditions at any time. Amendments to the Terms and Conditions shall apply to orders placed after the given amendment to these Terms and Conditions, subject to the provisions of paragraph 2 above.
- All trademarks and brand names featured in the store are the property of their legal owners and are included for informational purposes.