These Terms & Conditions specify the rules and conditions regarding purchasing products and using other services made available at missliberte.com.
I. GENERAL PROVISIONS
- E-shop (www.missliberte.com, called hereinafter „On-line Store” or “E-shop” or “The Seller”) and any personal data collected throughout the purchase process, are owned by MISS LIBERTE Magdalena Zawadzka, based in Warsaw, (02-557), Baluckiego 32/9, NIP: 972-106-18-29, Regon: 361042208.
- These Terms & Conditions lay down the rules of using the On-Line Store, concluding Sales Agreements for Products through the On-Line Store, placing orders for Products available at the On-Line Store, delivering ordered Products to the Customer, covering the costs of purchased Products and their delivery, as well as withdrawing from the Sales Agreement, and submitting and handling complaints. These Terms & Conditions shall apply to all Customers of the On-Line Store.
- The customer can access these Terms & Conditions at any time, by clicking on the link „Terms & Conditions” provided on the website (www.missliberte.com).
- 4. All information at the On-Line Store website concerning Products (and prices) shall not constitute a commercial offer pursuant to Article 66 of the Civil Code, but an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code, and in accordance with the provisions of these Terms & Conditions.
- 5. All Products available in the On-line Store have detailed specifications, in particular information relating to their properties, prices, materials, etc.
- 6. Images of Products are placed at the On-line Store website as examples and serve for the presentation of specific models.
II. RULES AND CONDITIONS FOR USING THE ON-LINE STORE AND CONCLUDING SALES AGREEMENTS
- MISS LIBERTE Magdalena Zawadzka shall provide electronically supplied services, as specified in these Terms & Conditions, including but not limited to placing orders and concluding Sales Agreements.
- The Sales Agreement is entered into by the user of the On-line store (called hereinafter “The Customer”), and MISS LIBERTE Magdalena Zawadzka, based in Warsaw.
- To use the services offered by the E-Shop, it is required to read and accept these Terms & Conditions. The Customer is required to read and accept the content of the Terms & Conditions prior to placing an order.
- The information provided in the Registration Form shall be correct and up-to-date. If incorrect or obsolete information is provided, the Seller has no obligation to complete the Order, especially if the data regarding delivery address are missing or incomplete, so that successful delivery is not possible. Before cancelling the order MISS LIBERTE Magdalena Zawadzka will attempt to contact The Customer in order to obtain the missing data.
- The Seller shall undertake all possible technical and organisational means, adequate to the threat, preventing the acquisition and modification of data by unauthorised persons during on-line registration and order placement.
- The Customer undertakes in particular:
a) to use services offered by the Seller in a way not to disturb the functioning of the E-Shop, especially by using certain software or devices;
b) to use the services offered by the Seller in compliance with the law in force in the Republic of Poland, provisions of these Terms & Conditions and accepted practices in this regard;
c) to use the services offered by the Seller without nuisance to other Customers and the Seller, respecting their personal rights (including the right to privacy) and other applicable rights;
d) to use any content published at the E-Shop for personal purposes only;
III. PLACING ORDERS AND CONCLUDING SALES AGREEMENTS
- Orders can be placed:
a) via internet site (On-line Store), following the procedure specified in these Terms & Conditions,
b) via email, by sending an order to: email@example.com, specifying selected Products and their sizes.
- An order may be placed at the E-Shop 24 hours a day, 7 days a week. Orders sent via email can be placed Monday to Friday, between 9:00-17:00. Orders placed during weekends or bank holidays, will be processed on the first working day following the day the order was placed.
- Orders can be placed without registering in the On-line Store (so called purchase without registration).
- When registering via Registration Form, the Customer shall fill in all appropriate fields specified in the Registration Form, indicating: personal data, delivery address and other information necessary to complete the order or to generate purchase invoice or receipt.
- To place an order at the E-Shop, the Customer shall choose the Product, quantity, colour and size, add the Product to the Basket and confirming the will to place the order.
- Until the order is confirmed, by pressing the “confirm purchase and pay” button, the Customer can modify and change the order or delivery and payment details. Sending an order by the Customer (confirmed by the “confirm purchase and pay” button) means the Customer accepts the obligation to cover the cost of the Products and delivery.
- Placing an order by the Customer, pursuant to Paragraph III, Article 5 of these Terms & Conditions, constitutes an offer from MISS LIBERTE Magdalena Zawadzka to the Customer, concerning the conclusion of Sales Agreement in accordance with these Terms & Conditions and order details.
- After sending the order, pursuant to Paragraph III, Article 5 of these Terms & Conditions, the Customer receives a confirmation of accepting (or rejecting) the offer via electronic means (including order number, delivery and payment address and details, expected delivery date, etc.) to the indicated e-mail address.
- After receiving the message and confirming the order, the Sales Agreement for the Products ordered by the Customer is concluded.
- The language of the agreement is Polish, it’s content reflects the provisions of these Terms & Conditions and the order placed by the Customer.
- The Customer has the right to withdraw the order before receiving the confirmation of accepting the order from the Seller, that is before receiving the email mentioned in Paragraph III, Article 8 above. In such a case, the Customer should contact the Seller immediately, via email or phone (with email confirmation).
- The Seller reserves the right to refuse service if: (i) delivery address provided is incomplete to the extent that successful delivery is not possible (ii) the payment was not authorised by the selected payment processing service or (iii) the payment was not received in the allocated time, that being two working days from placing the Order.
IV. DELIVERY AND RECEIPT OF GOODS
- Purchased goods are delivered to the address specified by the Customer when placing the order. Estimated delivery time, when delivered via courier, shall not exceed 1 working day counted from the day of shipment. The maximum time for order completion should not exceed 7 working days, and will definitely not exceed 20 working days, counted from the day the agreement is concluded. If the pre-payment option is selected (PayPal, PayU or traditional bank transfer), the order completion starts after the payment for the Product and its delivery is credited to the bank account of the Seller.
- Products are delivered to the indicated address in Poland by UPS or DHL. Detailed information about the methods and the costs of delivery of the Products are provided when placing the order.
- All deliveries are fulfilled via courier (DHL or UPS). All packages are insured. The delivery costs are, accordingly: 15,90 zł and 12,90 zł.
- Proof of purchase, receipt or vat invoice, is provided for each order.
- The Customer may specify a delivery address outside Poland, under following conditions:
a) The order has to be placed via email only, by sending a message to: firstname.lastname@example.org, specifying products, quantities, sizes, etc. After delivery costs are agreed, order summary will be provided and the Customer shall be asked to provide an appropriate confirmation.
b) Confirming the order, via e-mail, means the Customer accepts the obligation to cover the cost of the Products and delivery.
6. When fulfilling orders with international delivery address, as mentioned in Paragraph IV, Article 5 above, the provisions of these Terms & Conditions apply, with following modifications:
a) Delivery time depends on intended destination; usually does not exceed 10 working days counting from order confirmation.
b) The delivery is fulfilled solely via courier.
c) Cost of returns, in case the customer withdraws from the Sales Agreement, is covered by the Customer.
7. The Seller does not direct its activities outside of Poland, only enables its Customers shipments to EU Countries, in accordance with the rules laid out above.
V. PRICES AND PAYMENTS
- The price presented next to each Product is binding from the moment the Customer receives a confirmation of accepting the order, as referred to in Paragraph III, Article 8 of these Terms & Conditions. Aforementioned price is not subject to change, regardless to any price changes, which may appear in the On-line Store after the confirmation received in the third email.
- All prices of Products and delivery are gross prices, inclusive of tax, in particular VAT, and expressed in Polish Zloty (PLN).
- 3. The Customer may cover the cost of the order (product + delivery costs) in one of the following way:
a) Prior to delivery, by traditional bank transfer or e-transfer, executed by payment processing services such as PayU or PayPal. If the Customer chooses the pre-payment, the payment has to be credited to the account of MISS LIBERTE Magdalena Zawadzka, PayU or PayPal within 2 days from placing the order, otherwise the order will be cancelled. In such cases, the Customer can place a new order and choose a different payment method. Order completion process starts once the payment for the purchased goods is received by the Seller.
b) In case of international deliveries, for orders placed in accordance with the provisions of these Terms & Conditions, only electronic payments (via PayU and PayPal) are possible.
4. MISS LIBERTE Magdalena Zawadzka reserves the right to change prices, introduce new products, initiate and terminate promotional activities, or introduce changes in accordance with the norms of the Civil Code and other regulations. However, such amendments shall not affect the rights of persons who have entered into Sales Agreement with the On-line store before said changes were implemented, or the rights of persons entitled to benefit from a given promotion, in accordance with its principles and within its duration.
5. E-transfers are handled by the PayU and PayPal Processing Centre according to the rules specified by these entities available at www.payu.pl and www.palpal.com..
VI. RETURNS & COMPLAINTS
- As a vendor the Seller shall be liable to the Customer for defects of Products in accordance with the provisions of the Civil Code and other generally applicable legal regulations.
- MISS LIBERTE Magdalena Zawadzka will endeavour to ensure full and proper functioning of the On-line store, in line with the current technical knowledge, and to remove, within a reasonable time, any irregularities reported by the Customer.
- Any item purchased by the Customer can be returned, provided the time limits set by corresponding provisions of law are maintained, and the item has defects contributing to its noncompliance with the Sales Agreement.
- Complaints can be submitted by sending the Products, preferably via registered mail, together with a proof of purchase (invoice or cash register receipt), and the Complaint Form or written description of the defects, to the following address: MISS LIBERTE Magdalena Zawadzka, Baluckiego 32/9, 02-557 Warsaw, Poland, with annotation: „Complaint e-shop missliberte.com”. The Complaint Form will be sent to the Customer after the Seller receives the email notification of Customers intention to return the Product, which should be sent to the following address: email@example.com. The Seller reserves the right to a 14-day period to review the complaint from the moment of receiving the Product from the Customer, and undertakes to advise the Customer of the undertaken actions via e-mail.
- If a Product is defective the Customer may, in accordance with Article 556 and Article 561 of the Civil Code:
a) Request to withdraw from the agreement or request to have the price of the Product lowered accordingly, unless the Seller replaces the defective good or removes the defect immediately, and without undue inconvenience to the Customer, or
b) Request the replacement of the Product with a non-defective one, or request the removal of the defect.
6. Should the Seller reject the complaint, the Product will be returned to the Customer, together with an explanation as to the illegitimacy of the complaint.
7. Should the Customery identify damages done to the parcel during transportation, it is advisable to prepare a damage report to that effect, in the presence of the delivery agent.
VII. PRODUCT RETURNS – WITHDRAWAL FROM THE AREEMENT
- The Customer, identifiable as Consumer under the applicable provision of the law, may withdraw from a remote Sales Agreement, without stating the cause for the return, in accordance with the terms listed below.
- The right to withdraw from the Sales Agreement should be deem void after 14 days, counted from the day the Customer successfully received the Product. As the Products available in the On-line Store are manufactured in limited quantities, any returns made after 14 days will not be accepted.
- Any purchased Product can be returned, provided it has not been used, has the original label still attached and is not damaged. To keep the return rights please try the briefs while wearing your own lingerie.
- To exercise the right to withdraw from the Sales Agreement, the Customer should send a written statement to that effect, via post, to the following address: MISS LIBERTE Magdalena Zawadzka, Baluckiego 32/9, 02-557 Warsaw, Poland or via mail to: firstname.lastname@example.org.
- Upon receiving the notification specified in Paragraph VII, Article 4 above, the Seller shall immediately confirm it’s receipt by sending an e-mail to the Customer, to the address provided during the placing of the order, or in the submitted statement.
- To observe the indicated period it is sufficient to notify the Seller about the intent to withdraw from the Sales Agreement before the deadline elapses.
- The Product returned by the Customer shall be appropriately packed, ensuring no damage during transport, and in the original packaging. Product shall be returned to the following address: MISS LIBERTE Magdalena Zawadzka, Baluckiego 32/9, 02-557 Warsaw, Poland, not later than 14 days after the Customer notified the Seller about the intention to withdraw from the Sales Agreement.
- The cost of packing and sending the Product back shall be borne by the Customer.
- The Seller will reimburse the Customer any payments received, excluding the delivery costs. The cost of the Products will be reimbursed immediately after the Seller receives the Products back from the Customer.
- The Seller shall reimburse the payment using the same method the Customer chose, unless the Customer accepts a different method; in any case the transaction shall not generate any additional cost for the Customer.
- The Customer shall be liable for decreasing the value of the Product by using it in any way that exceeds what is necessary to determine its characteristics and functioning.
VIII. INFORMATION REGARDING ELECTRONICALLY SUPPLIED SERVICES
- On-line Store provides following, electronically supplied services:
a) Concluding sales agreements for Products through the E-Shop, pursuant to the rules laid down in these Terms & Conditions,
b) Creating user account at the E-Shop,
c) Sending commercial information related to ordered Products
2. The Customer may withdraw from the Sales Agreement, in accordance with applicable provisions of law, and the rules of these Terms & Conditions. In addition the Customer ma, at any point, request the delivery of services indicated in Paragraph VIII, article 1b and 1c above, to be terminated.
3. Technical conditions necessary for the delivery of the electronically supplied services provided by the E-Shop are the following:
a) Internet access,
b) Current version of the preferred web browser, which enables editing of hipertext documents (e.g.: Chrome, Internet Explorer, Opera, FireFox or similar),
c) Active email account.
4. Complaints regarding electronically supplied services provided by the E-Shop may be submitted via email: email@example.com or via phone: (+48) 605 970 899. The complaint should contain Customer’s designation and short description of the problem. The E-Shop will endeavour to review any complaint at the earliest convenience, but not later than 14 days after receiving the Complaint. The Customer will be notified about the outcome of the review, either via phone or email – depending on the preferred contact method chosen by the Customer.
IX. FINAL PROVISIONS
- Any personal data provided by the Customer during registration in the On-line Store are processed by MISS LIBERTE Magdalena Zawadzka solely to fulfil orders, and can be also processed for marketing purposes, once the Customers approval is obtained via separate statement. Pursuant to Article 32, item 1, section 7 and 8 of the Act on the Protection of Personal Data, each person disclosing their personal data has the right to review, change and discontinue the disclosure of such data, or object as to the data being processed for marketing purposes.
- To use the services of the E-Shop it is required to read and accept these Terms & Conditions. The Seller will enable to Customer to read the Terms & Conditions when placing the Order. The Customer, registered in the E-shop, will be notified about the changes these Terms & Conditions via email. If the introduced changes are not acceptable, the Customer has the right to terminate the account at any time.
- The Sales Agreement is governed by the Polish law. The language of the Sales Agreement is Polish.
- In matters not covered by these Terms & Conditions, applicable are provisions of the Civil Code or other provisions of Polish law relating to the operating & functioning of the E-shop.
- Any disputes will be settled by the Court having jurisdiction, as per applicable provisions of the law.
- MISS LIBERTE Magdalena Zawadzka reserves the right to change these Terms & Conditions at any time. Changes in the Terms & Conditions shall apply from the moment they are clearly indicated and placed at the E-Shop website. All Sales Agreements concluded before the change is implemented, are regulated by the provision of Terms & Conditions valid at the moment of their conclusion.
- All trademarks and brand names are owned by the rightful owners and are provided for information purposes only.