en Regulations
The owner and operator of the online shop via www.marsala.eu (hereinafter referred to as the "Online Shop" or the "Shop") is Marsala Fashion Spółka z ograniczoną odpowiedzialnością with its registered office in Częstochowa, address: ul. Legionów 100, 42-200 Częstochowa, entered in the National Court Register - District Court in Częstochowa, XVII Commercial Division of the National Court Register under the KRS number 0001207427, NIP: 9492280397, REGON: 543344437, share capital in the amount of PLN 5000 (hereinafter referred to as the "Seller").
The present Regulations are addressed to all users and specify the principles of registration and use of an individual Account, sale of products via the Internet Shop and specify the terms and conditions of provision of free services by electronic means.
The Customer may contact the Online Store at the following e-mail address: bok@marsala.eu or by telephone contact with the Customer Service Department from Monday to Friday from 8:00 a.m. to 4:00 p.m. at telephone number: +48 533 948 333. Messages received on Saturdays, Sundays and holidays will be answered on the next working day during the working hours of the hotline.
The administrator of the Customers' personal data is Marsala Fashion Spółka z ograniczoną odpowiedzialnością with its registered office in Częstochowa, address: 100 Legionów Street, 42-200 Częstochowa, entered in the National Court Register - District Court in Częstochowa, XVII Commercial Division of the National Court Register under the KRS number 0001207427, NIP: 9492280397, REGON: 543344437, share capital in the amount of PLN 5000.
§ 1 Definitions
Customer - an entity who is a user of the Store's website, to whom, in accordance with these Regulations and legal regulations, services may be provided via the Internet Store.
Civil Code
Civil Code - the Civil Code Act of 23 April 1964 (i.e. Journal of Laws 2022, item 1360, as amended).
Consumer - a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
Individual account - a panel individually assigned to a Customer after registration of data in the system of the Online Store, marked with an e-mail address and password provided by the Customer in the Seller's ICT system, allowing the Customer to use additional functionalities of the Store's website.
Individual account - a panel individually assigned to a Customer after registration of data in the system of the Online Store, marked with an e-mail address and password provided by the Customer in the Seller's ICT system, allowing the Customer to use additional functionalities of the Online Store website.
Entrepreneur - means a natural person, a legal person or an organisational unit that is not a legal person, to which the law grants legal capacity, conducting a business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
Entrepreneur - means a natural person, a legal person or an organisational unit that is not a legal person, to which the law grants legal capacity, conducting a business or professional activity in its own name and performing a legal action directly related to its business or professional activity.
Entrepreneur treated as a Consumer - a natural person concluding a Sales Agreement directly related to his/her business activity, when it follows from the content of the agreement that it is not of a professional nature for that person, resulting in particular from the subject matter of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
Regulations - a legal person whose legal capacity is granted by the Act granting legal capacity.
Regulations - means these regulations.
Internet shop or Store - shall mean the website available at: www.marsala.eu
Vendor - shall be understood to mean Marsala Fashion Spółka z ograniczoną odpowiedzialnością with its registered office in Częstochowa, address: ul. Legionów 100, 42-200 Częstochowa, entered in the National Court Register - District Court in Częstochowa, XVII Business Division of the National Court Register under the KRS number 0001207427, NIP: 9492280397, REGON: 543344437, share capital of PLN 5000
Merchandise - means a product presented each time by the Seller within the framework of the Internet Shop, in order to sell it.
Contact data - the following data by means of which the Customer may contact the Online Shop: e-mail address: bok@marsala.eu or by telephone contact with the Customer Service from Monday to Friday from 8:00 a.m. to 4:00 p.m. at telephone number: +48 533 948 333.
Sale Contract or Agreement - a contract for the sale of Goods concluded between the Seller and the Customer, the terms and conditions of which are set out in particular in these Terms and Conditions. The Contract of Sale is concluded with the use of means of distance communication after acceptance of the Order by the Seller on the terms and conditions specified in these Terms and Conditions.
The Contract of Sale is concluded with the use of means of distance communication after acceptance of the Order by the Seller on the terms and conditions specified in these Terms and Conditions.
Newsletter - should be understood as a newsletter concerning news and promotions in the Online Store, which the Customer has agreed to subscribe to by providing his/her e-mail address in the "Newsletter" box on the Store's website, together with selecting the "Subscribe" option.
§ 2 General provisions and rules of use of the Store
Access to the Rules and Regulations may be obtained by each Customer at any time, through the link "Rules and Regulations of the Store" placed on the page of the Online Store.
Information about the Goods placed in the Online Store, such as pictures, descriptions, prices constitute an invitation to conclude a sales agreement within the meaning of Article 71 of the Civil Code, in accordance with the terms and conditions of the Rules and Regulations.
Pictures and descriptions of the offered products are used for presentation of the models of the Goods indicated therein specifically.
Minimum technical requirements to be met in order to cooperate with the information and communication system used by the Seller, including conclusion of a Sales Agreement and provision of other electronic services, are: (1) a computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail and a valid e-mail address; (3) a standard Internet browser.
It is not permissible:
a. to use the Internet Shop for the purpose of carrying out activities that would violate the interests of the owner of the Internet Shop, in a manner contrary to the law, morality or violating the personal rights of third parties,
b. supplying the Shop with unlawful content,
c. using the Shop in a manner disruptive to its functioning or undertaking computer actions or any other actions aimed at gaining access to information not intended for the Customer, including other Customers' data;
d.
d. placing unsolicited commercial information within the Shop, and
e. using the content placed on the Shop's website for purposes other than personal use.
§ 3 Rules for placing an Order and concluding a Sales Contract
The Seller shall make it possible to conclude agreements for the sale of Goods via the Internet and shall provide other services as provided for in these Terms and Conditions.
In order to register an individual Account and to conclude a Sales Agreement via the Shop website, it is necessary for the Customer to have an active e-mail account.
Creating an individual Account is not necessary to place an order in the Online Store.
The Customer may place orders in the Online Store via the Store's website 7 days a week, 24 hours a day.
In order to place an order, it is necessary to make a selection of the Goods in the Store, in particular as regards their models, quantities and sizes. Each of the Goods must be added to the "Basket" using the "Add to Basket" option. The Customer may then continue to select the Goods. Once the order has been completed in its entirety, the Customer should proceed to the "Basket" and continue with the ordering procedure. When completing the order, the Customer may log in to his/her Individual Account or complete the order as a "guest" by filling in his/her personal data and delivery address in the relevant fields. In the next steps, the Customer has the possibility to choose the way of delivery of the Goods and the method of payment and is informed about the total price for the chosen Goods and their delivery, as well as all additional costs which he/she is obliged to incur in connection with the order.
Then, the Customer places the order by choosing the option "I purchase with obligation to pay and collect".
The condition of placing an order is acceptance of the Terms and Conditions and Privacy Policy by marking the appropriate field in the order form.
The information provided by the Customer during the order placement process should be truthful, up-to-date and accurate. The Seller reserves the right to refuse the fulfilment of an order, if the provided data is so inaccurate that it prevents the fulfilment of the order, and in particular prevents the correct delivery of the ordered Goods. Before refusing to process an order, the Seller will attempt to contact the Customer in order to establish the necessary data.
Until the moment of approving the selection of Goods with the button "I buy with obligation to pay and collect", the Customer has the possibility of making changes and modifications to the Goods in the order, as well as to the contact details for dispatch or invoice. Until payment has been made, the Customer may discontinue placing the order by not continuing any further steps. In such a situation, the Customer's order shall not be processed.
Submission of an order by the Customer shall constitute the Customer's offer submitted to the Seller to conclude a contract of sale of the Goods within the meaning of the provisions of the Civil Code.
After placing an order, the Seller shall send an order confirmation to the e-mail address provided by the Customer.
The conclusion of the Contract for Sale of Goods between the Seller and the Customer shall take place upon receipt by the Customer of information on acceptance of the order, as referred to in section 11. This information shall include confirmation of the terms and conditions of the Contract for Sale concluded on the basis of the Terms and Conditions.
§ 4 Creation of an Individual Account
In order to create an individual Account, the Customer is obliged to register his/her data in the Store's database free of charge. Registration of data takes place by filling in a registration form available in the "Account" tab together with selecting the "Register" option. Filling in the form requires providing the following data: first and last name, e-mail address and setting a password individual for the Customer.
A condition for creating an individual Account is the acceptance of the Terms and Conditions and Privacy Policy by marking the appropriate field in the form.
After submitting the completed registration form, the Customer shall immediately receive, via e-mail to the e-mail address provided in the registration form, confirmation of individual Account registration in the Shop by the Seller. With this moment, the agreement for electronic provision of Individual Account service is concluded, and the Customer obtains the possibility to access the Individual Account and make changes to his/her data provided at the moment of registration.
§ 5 Delivery
The goods shall be delivered to the address indicated by the Customer in the order in the territory of the Republic of Poland and abroad.
The goods shall be delivered in the territory of the Republic of Poland by the courier company INPOST via courier and parcel machines, as well as by the courier company Orlen Paczka and DPD via courier. Cash on delivery is also accepted.
The Goods are delivered to certain countries outside of the Republic of Poland via overseas postage after the order has been paid in advance.
Delivery charges for the Goods are stated within the order form.
On the day the Goods are dispatched to the Customer, the Seller shall send information on dispatch to the Customer's e-mail address.
When the delivery term in working days is specified, it shall be understood as all days from Monday to Friday inclusive, except for public holidays.
The delivery term of orders shall be from 1 to 3 Working Days, unless a shorter/longer delivery term is specified by the Seller when placing the Order. In the case of Goods with different delivery dates, the delivery date shall be the longest date given.
Delivery date of the Goods to the Customer, referred to in passage 5 above, shall be calculated as follows
In case the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
In case the Customer chooses the method of payment by cash on delivery - from the date of concluding the Sales Agreement.
In case the Customer chooses the method of deferred payment via PayPo - from the date of notifying the Seller by the creditor about concluding the Sales Agreement with the Customer, however, no later than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.
Each consignment of Goods includes a proof of purchase (receipt or VAT invoice).
Your product is not in accordance with the order or has a dirt/defect?
Report the situation by phone within 24 hours of receiving the package.
§ 6 Prices and Payment
The prices on the website given in Polish zloty are gross prices, including VAT.
Delivery cost shall be added to the price of the Goods, the amount of which shall depend on the selected form of delivery and payment.
The purchase price of the Goods given on the website of the Store is final and shall be binding from the moment the Customer receives an electronic message with confirmation of acceptance of the purchase order of selected Goods placed by the Customer, indicated in § 3 item 11. This price shall not change, regardless of price changes introduced on the Store's website or promotional or sales actions commenced.
The Customer shall pay the price for the ordered Goods, including delivery costs, at his or her own discretion:
a. by bank transfer to the Seller's bank account indicated below, prior to delivery:
ING BANK OF POLAND
Account number:
96 1050 1360 1000 0090 8611 9493
b.
b. payment by BLIK,Paypo/Twisto, payment card, electronic transfer through an external payment system imoje operated by the company ING Bank Śląski S.A. with its registered office in Katowice, address: Sokolska 34, 40-086 Katowice, before delivery;
c. by electronic payment through PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A based in Luxembourg prior to delivery;
b.
d. cash on delivery to an employee of the courier company at the place of delivery;
In case the Customer chooses the method of payment specified in item 4a., failure to receive the payment on the Seller's account within 3 working days from the date of concluding the Sales Agreement, and then within an additional period set by the Seller, shall result in the possibility of withdrawal from the Sales Agreement by the Seller.
In case the Customer chooses the method of payment specified in section 4b. and 4c., of this paragraph, the Seller shall commence realisation of the order after receiving confirmation of payment from the imoje system or PayPal system. Failure to receive the payment to the Seller's account within 3 working days from the date of concluding the Sales Agreement, and then within an additional period set by the Seller, makes it possible for the Seller to withdraw from the Sales Agreement.
In the case of choosing by the Customer the method of payment specified in par. 4d., of this paragraph, the Seller will begin processing the order after receiving from PayPo system the confirmation of credit granted to the Customer. Failure to receive the confirmation of credit granted to the Customer within 3 working days from the date of concluding the Sales Agreement, and then within the period additionally set by the Seller, shall result in the Seller cancelling the Sales Agreement.
In case the Customer chooses the payment method specified in item 4e., failure to pay upon receipt of the Goods shall result in the Seller cancelling the Sales Agreement. The Customer may also cancel the Order within the indicated period without incurring any consequences, which does not affect his right to withdraw from the contract.
The Customer may also cancel the Order within the indicated period without incurring any consequences.
The Seller reserves the right to change prices of the Goods available in the Store, introduce new Goods to the Store, conduct and cancel promotional campaigns on the shop's website, or introduce changes thereto in accordance with the Civil Code and other laws, with the proviso that such changes do not infringe on the rights of persons who concluded Contracts of Sale for the 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 rules and during its duration.
§ 7 General terms and conditions for lodging complaints
Complaints may be made in writing by returning the goods with a description of the defect and proof of purchase to the Store, by registered mail or other form of delivery, to the address: Marsala Fashion Sp.z o.o. , ul. Legionów 100, 42-200 Częstochowa.
It is recommended that the complaint application should include, in particular: name, surname, correspondence address, e-mail address to which a reply to the complaint is to be sent if the Customer wishes to receive the reply to the complaint by e-mail, date of purchase of the goods, exact description of the goods and the date on which they were found, Customer's request, Customer's preferred method of informing about the method of processing the complaint, information whether the Customer has the status of an Entrepreneur treated as a Consumer. Along with the complaint, proof of purchase of the goods should be provided to the Seller, if possible. This may be, for example, a copy of the receipt, a copy of the invoice, a printout of the payment card or other proof.
The Customer will receive information on the manner of processing the complaint within 14 days from the date of the Customer's request.
The Customer will receive information on the manner of processing the complaint at the indicated e-mail address of the Customer or in writing (by registered mail) to the address indicated by the Customer.
There is a Goods Complaint Form on the Shop Site under the "Returns and Complaints" tab, together with the necessary instructions on how to make a complaint, which the Customer may use. In any case, the Customer may also use the sample complaint form available on the website of the Office of Competition and Consumer Protection at: https://prawakonsumenta.uokik.gov.pl/formularze/.
§ 8 Complaint under warranty
The provisions of this paragraph apply to complaints about Goods purchased by a Consumer or Entrepreneur treated as a Consumer until 31 December 2022.
If the purchased Goods have a physical or legal defect, the Seller shall be liable to the Customer who is a Consumer or Entrepreneur treated as a Consumer under Art. 556 and subsequent articles of the Civil Code (warranty).
If the sold Goods have a defect, the Customer who is a Consumer may:
submit a declaration to reduce the price or withdraw from the Sales Agreement, unless the Seller immediately and without undue inconvenience for the Consumer replaces the defective Goods with defect-free ones or removes the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to fulfil the obligation to replace the Goods with defect-free Goods or remove the defects,
demand to replace the Goods with defect-free Goods or remove the defect. The Seller shall be obliged to replace the defective Goods with defect-free ones or remove the defect within a reasonable time without undue inconvenience for the Consumer.
The Customer who is a Consumer may, instead of the removal of defects proposed by the Seller, demand the replacement of the Goods with defect-free ones or, instead of the replacement of the Goods, demand the removal of the defect, unless bringing the Goods to conformity with the agreement in a manner chosen by the Customer who is a Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When assessing the excessive costs, the value of the Goods free from defects, type and significance of the defect found shall be taken into account, as well as inconvenience to which the Consumer would be exposed by another way of satisfaction.
The Seller may refuse to satisfy the request of the Customer who is the Consumer as to replacing the Goods with defect-free ones or removing the defect if bringing the defective Goods to conformity with the Sales Agreement in a way chosen by the Customer who is the Consumer is impossible or in comparison with the other possible way of bringing them to conformity with the Sales Agreement would require excessive costs. The costs of repair or replacement shall be borne by the Seller.
The Customer who exercises rights under the warranty shall be obliged to deliver the defective goods to the Seller's address. The cost of delivering the Goods shall be borne by the Seller.
The Seller shall be liable under the warranty if a physical defect is found before the lapse of two years from the release of the Goods to the Customer who is a Consumer, the claim to remove the defect or replace the Goods with defect-free Goods shall be time-barred after one year, but if the Customer is a Consumer, this period cannot end before the lapse of the period specified in the first sentence. Within this period, the Customer who is a Consumer may withdraw from the Sales Contract or make a declaration of price reduction due to a defect in the Goods. If the Customer who is the Consumer has demanded replacement of the Goods with defect-free ones or removal of the defect, the time limit for withdrawal from the Sales Agreement or submitting a declaration of price reduction shall commence upon ineffective expiry of the time limit for replacement of the Goods or removal of the defect.
In the case of submitting a complaint on the basis of the warranty, the provisions of § 7 of these Regulations "General terms and conditions for submitting complaints" shall apply.
§ 9 Complaint on the basis of non-compliance of the Goods with the Contract
The provisions of this paragraph apply to complaints about Goods purchased by a Consumer or a Business treated as a Consumer from 1 January 2023.
In the case of the conclusion of a Sales Contract between the Seller and a Consumer or a Business treated as a Consumer, the Seller shall be liable for the non-conformity of the Goods with the Sales Contract under the terms of the Act of 30 May 2014. on Consumer Rights (Journal of Laws 2020 item 287 as amended).
The Seller shall not be liable for non-compliance of the Goods with the Agreement if the Consumer, at the latest at the time of concluding the Agreement, was expressly informed that a specific feature of the Goods deviates from the requirements of compliance with the Agreement and expressly and separately accepted the lack of a specific feature of the Goods.
If the Goods are not in compliance with the Agreement, the Consumer may demand their repair or replacement.
The Seller may make a replacement when the Consumer demands a repair, or the Seller may make a repair when the Consumer demands a replacement if bringing the Goods into conformity with the Contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Contract.
When assessing the excessive costs for the Seller, all circumstances of the case shall be taken into account, in particular the importance of non-compliance of the Goods with the Contract, the value of the Goods in conformity with the Contract and the excessive inconvenience for the Consumer resulting from the change of the manner of bringing the Goods into conformity with the Contract. The Consumer has 14 days from filing the complaint to return the Goods.
The Seller shall repair or replace the Goods within a reasonable time from the moment the Seller was informed by the Consumer of the non-conformity with the Contract, and without undue inconvenience to the Consumer, taking into account the nature of the Goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.
The Consumer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Consumer at its expense.
If the Goods have been assembled before the Goods became incompatible with the Contract, the Seller shall dismantle the Goods and reassemble them after repair or replacement, or have these activities performed at its expense.
The Consumer shall not be obliged to pay for the ordinary use of the Goods which are subsequently replaced.
If the Goods are not in conformity with the Contract, the Consumer may make a declaration to reduce the price or withdraw from the Contract when:
the Seller has refused to bring the Goods into conformity with the Contract;
the Seller has failed to bring the Goods into conformity with the Contract;
the non-conformity of the Goods with the Contract continues even though the Seller has attempted to bring the Goods into conformity with the Contract;
the non-conformity of the Goods with the Contract is so significant as to justify a price reduction or withdrawal from the Contract;
it is clear from the Seller's statement or the circumstances that the Seller will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience to the Consumer.
The reduced price must be in such proportion to the price under the Contract as the value of the non-conforming Goods remains to the value of the conforming Goods.
The Seller shall reimburse the Consumer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 days of receipt of the Consumer's statement on price reduction.
The Consumer may not withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is insignificant. The lack of conformity of the Goods with the Contract shall be presumed to be material.
If the lack of conformity with the Contract relates only to some of the Goods supplied under the Contract, the Consumer may withdraw from the Contract only in respect of those Goods and also in respect of the other Goods purchased by the Consumer together with the non-conforming Goods, if the Consumer cannot reasonably be expected to agree to keep only the non-conforming Goods.
In the event of withdrawal from the Contract, the Consumer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall return the price to the Consumer immediately, but no later than within 14 days of receipt of the Goods or proof of their return.
The Seller shall reimburse the price using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for the Consumer.
The Seller shall be liable for the non-conformity of the Goods with the contract existing at the time of delivery and disclosed within two years from that time, unless the Goods' shelf life, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer. In the event of complaints on the basis of non-compliance of the Goods with the Contract, the provisions of § 7 of these Terms and Conditions "General terms and conditions for complaints" shall apply.
§ 10 Right of withdrawal from the Sales Contract (returns) and exchange rules
A Customer who is a Consumer or an Entrepreneur treated as a Consumer who has entered into a Sales Contract may, within 14 calendar days, withdraw from it without giving any reason, pursuant to the rules set out in the Consumer Rights Act of 30 May 2014 (Journal of Laws 2020 item 287 as amended).
The deadline for withdrawal from the Sales Contract shall not exceed 14 calendar days
The period for withdrawal from the Sales Agreement shall start from the moment the Goods are taken into possession by the Consumer or the Entrepreneur treated as a Consumer. If he indicates a third party other than the carrier entitled to take possession of the Goods, the period shall start from the moment the Goods are taken possession of by this person.
The period for withdrawal from the Sale Contract shall start from the moment the Goods are taken possession of by this person.
Return of the whole or part of the order How to send a return? The Customer may use the sample return form available on the Seller's website under "Returns and Complaints", but it is not obligatory. In any case, the Customer may use the model withdrawal form available on the website of the Office of Competition and Consumer Protection: https://prawakonsumenta.uokik.gov.pl/formularze/ Sending the declaration of withdrawal before the deadline is sufficient to comply with it. Exchanges Return of payment Return of payment will be made using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for the Customer. In the case of 'cash on delivery' payments, the refund will be made to the bank account number provided by the Customer. Date for returning the Goods The Seller shall not be obliged to accept "cash on delivery" consignments or other consignments which involve the Seller's obligation to pay upon receipt.
The other rights and obligations of the parties relating to withdrawal from the contract shall apply in accordance with the Consumer Rights Act. The provisions of this paragraph are without prejudice to the Customer's rights of complaint referred to in § 7-9 of the Terms and Conditions. The provisions of this paragraph are without prejudice to the Customer's rights of complaint referred to in § 7-9 of the Terms and Conditions.
The Seller shall undertake actions to ensure fully proper functioning of the Shop to the extent resulting from the current technical knowledge and undertakes to remove all irregularities reported by the Customers within a reasonable time. In order to commence the Newsletter service, it is required that the Customer agrees to receive the Newsletter by providing his/her e-mail address in the appropriate field on the Shop website and confirming it by clicking on the activation link sent by the Seller to the e-mail address provided by the Customer (the moment of commencement of the Newsletter delivery service).
Return may concern the whole or part of the order (e.g. one of the two products purchased). The consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
The Customer may make a declaration of withdrawal and send the return parcel in one of the following ways:
a) by sending back the Goods himself at his own expense to the address: MARSALA FASHION SP. z o.o. , 100 Legionów Street, 42-200 Częstochowa
The shop does not carry out traditional exchanges. To receive a different size/model/colour, you must submit a new order and send back the unwanted product as a return under the terms described above.
In the event of cancellation of the Contract of Sale, it shall be deemed not to have been concluded. The Seller shall return to the Customer all payments received from the Customer immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the Sales Agreement, provided that:
- the Seller may withhold reimbursement until it has received the Goods back or the Customer has provided proof of their return (whichever event occurs first),
- the reimbursement does not include return costs incurred by the Customer,
- if the Customer has chosen at the time of purchase a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the additional costs incurred by the Customer.
The Customer is obliged to send back the Goods immediately, but no later than within 14 days of the day on which he/she withdrew from the contract. To meet the deadline it is sufficient to send the Goods before its expiry. The Seller shall not be obliged to accept "cash on delivery" consignments or other consignments which involve the Seller's obligation to pay upon receipt.
§ 11 Other services provided electronically
The Seller, in addition to enabling the conclusion of Sales Agreements through the Shop in accordance with these Terms and Conditions, also provides the following services to the Customers free of charge by electronic means:
a. Newsletter service,
b. Individual Account Service,
c. Goods Availability Notification and Goods Subscription Service.
Newsletter is provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter unsubscribe), in particular by clicking on the deactivation link contained in each Newsletter sent to the Customer by e-mail or by sending an appropriate request to the Vendor using the contact details.
The Individual Account service is available after registering the data in the Shop's system according to the rules described in § 4 of the Terms and Conditions and consists in making available to the Customer an individual panel in the Seller's ICT system, which allows the Customer to use additional functionalities of the Shop's website, such as modifying the Customer's data maintaining the Customer's session after logging in to the Individual Account, storing and making available to the Customer the order history, tracking the status of orders.
The Service of Notification of Goods Availability and the Service of Order Enrolment is available after filling in the relevant field with an e-mail address.
The Customer is entitled at any time to request the Store to cease providing the services indicated in subsection 1. In such an event, the contract for provision of Newsletter or Individual Account services respectively shall terminate, and the Seller shall have 14 days to respectively delete the Individual Account or remove the Customer's data from the database of persons who agreed to receive the Newsletter, subject to the principles of processing the Customer's personal data contained in the document entitled "Privacy Policy", available on the Shop's website under "Privacy Policy".
§ 12 Personal data protection
The Customer's personal data are processed by Marsala Fashion Spółka z ograniczoną odpowiedzialnością with its registered office in Częstochowa, address: ul. Legionów 100, 42-200 Częstochowa, entered in the National Court Register KRS 0001207427, NIP: 9492280397, REGON: 543344437 (hereinafter referred to as "Seller"). as personal data administrator. The Seller applies appropriate technical and organisational measures to ensure the protection of personal data.
The principles and purposes of the processing of Customers' personal data are contained in the document "Privacy Policy", available on the Shop's website under the tab "Privacy Policy".
§ 13 Final provisions
Regulations are valid as of 30.12.2025.
Contracts concluded by the Seller are concluded in Polish.
The Seller shall be liable for non-performance or improper performance of the contract. In the case of contracts concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of intentional damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur. The preceding sentence does not apply to an Entrepreneur treated as a Consumer.
The Parties will seek to amicably resolve any disputes arising under the agreement entered into under these Terms and Conditions.
The use of out-of-court means of handling complaints and pursuing claims is voluntary. Detailed information concerning the possibility for the Customer to use such ways of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, can be found on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). Information on this subject may also be available at the offices and on the websites of the Provincial Inspectorates of Trade Inspection, district (city) consumer ombudsmen, as well as social organisations whose statutory tasks include consumer protection. A Customer who is a Consumer or an Entrepreneur treated as a Consumer is entitled to use the following out-of-court ways of pursuing claims and dealing with complaints:
a. The possibility to request an out-of-court consumer dispute resolution procedure under the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823), i.e. e.g. to the Provincial Inspector of Commercial Inspection in Katowice;
b. requesting that the case be heard by the Permanent Arbitration Consumer Court operating at the relevant Provincial Inspectorate of Commercial Inspection; and
c. requesting assistance from the Municipal Consumer Ombudsman for the protection of consumer interests and rights.
d. the resolution of the dispute may also be served by the online ODR platform, which is available at: http://ec.europa.eu/consumers/odr/.
Failure to accept the Terms and Conditions prevents the purchase of Goods offered by the Shop. The Store will allow the Customer to read the Terms and Conditions when placing an order. All orders accepted by the Seller for fulfilment before the effective date of the new Terms and Conditions are fulfilled on the basis of the Terms and Conditions that were in force on the day the Customer placed the order. Customers with an Individual Account will be informed of the change to the Terms and Conditions via email correspondence. A Customer who does not accept the changes introduced in the Regulations shall have the right to withdraw from the agreement for provision of services by electronic means.
The applicable law for the settlement of all disputes arising from these Regulations shall be the law of Poland. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: Civil Code and other relevant provisions of universally applicable law.