Terms and Conditions of the Slow Fashion Cafe Online Shop

Hello!

That is enough by way of introduction; now for the formalities. First, our full registration details as the shop operator and seller: SFC Sp. z o.o., ul. Kalwaryjska 34/U6, 30-504 Kraków, NIP: 6793232144.

Below you will find the terms and conditions, including information on how to place an order leading to a contract, details of performing the contract, delivery and payment methods available in the shop, the procedure for withdrawal from the contract, and the complaints procedure.

If you have any comments, questions or doubts, you can reach us at info@slowfashioncafe.pl.

Best wishes and happy shopping,
the Slow Fashion Cafe online shop team

§ 1 Definitions

For the purposes of these Terms and Conditions, the following terms have the following meanings:

• Buyer – a natural person, legal person or organisational unit without legal personality that has legal capacity;
• Consumer – a natural person entering into a sales contract with the Seller that is not directly related to their business or professional activity;
• Terms and Conditions – these terms and conditions, available at https://sklep.slowfashioncafe.pl/;
• Shop – the online shop operating at https://sklep.slowfashioncafe.pl/;
• Seller – SFC Sp. z o.o., ul. Kalwaryjska 34/U6, 30-504 Kraków, NIP: 6793232144.

§ 2 Preliminary provisions

1. Through the Shop, the Seller conducts retail sales while also providing electronic services to Buyers. Through the Shop, the Buyer may purchase products displayed on the Shop’s pages.
2. These Terms and Conditions set out the rules and conditions for using the Shop and the rights and obligations of the Seller and Buyers.
3. No special technical requirements must be met by the Buyer’s computer or other device to use the Shop, in particular to make a purchase. The following are sufficient:
   • Internet access;
   • a standard operating system;
   • a standard web browser;
   • an active email address.
4. The Buyer may not make a purchase in the Shop anonymously or under a pseudonym.
5. It is prohibited to provide unlawful content while using the Shop, in particular by sending such content through forms available in the Shop.
6. All product prices shown on the Shop’s pages are gross prices.

§ 3 Services provided electronically

1. The Seller provides electronic services to the Buyer through the Shop.
2. The basic electronic service provided by the Seller to the Buyer is enabling the Buyer to place an order in the Shop leading to a contract with the Seller. An order may be placed without having an account in the Shop.
3. If the Buyer decides to create an account in the Shop, the Seller also provides the electronic service of creating and maintaining that account. The account stores the Buyer’s details and their order history in the Shop. The Buyer logs into the account using their email address and a password they define.
4. An account may be created by selecting the relevant checkbox during checkout or completing the separate account registration form available in the Shop. The Buyer may delete the account at any time in the account management panel or by sending an appropriate request to the Seller. Deleting the account will not delete information about orders placed using it. The Seller will retain that information until claims under the contract concluded through the Shop become time-barred / for the entire period in which the Shop operates, unless the Buyer objects earlier to its retention and the Seller has no overriding interest in retaining it.
5. If the Buyer decides to subscribe to the newsletter, the Seller also provides an electronic service consisting of sending the Buyer emails about the Seller’s news, promotions and products. Subscription is made by completing and submitting the newsletter sign-up form or selecting the relevant checkbox during checkout. The Buyer may unsubscribe at any time by clicking the unsubscribe button in each newsletter email or by sending an appropriate request to the Seller.
6. Electronic services are provided to the Buyer free of charge. Sales contracts concluded through the Shop, however, are paid.
7. To ensure the Buyer’s security and the security of data transmission when using the Shop, the Seller takes technical and organisational measures appropriate to the level of risk to the security of the services, in particular measures to prevent unauthorised persons from obtaining and modifying personal data.
8. The Seller takes steps to ensure that the Shop functions properly. The Buyer should inform the Seller of any irregularities or interruptions in its operation.
9. The Buyer may submit complaints concerning the Shop’s operation by email to info@slowfashioncafe.pl. The complaint should specify the type of irregularity and the date it occurred. The Seller will consider complaints within 30 days of receipt and inform the complainant of the outcome at the complainant’s email address.

§ 4 Placing an order

1. The Buyer may place an order as a registered customer or as a guest.
2. A registered customer is a Buyer who has an account in the Shop. The Buyer may create an account by selecting the relevant checkbox during checkout or completing the separate account registration form available in the Shop.
3. If the Buyer has a Shop account, they should log into it before placing an order. They may also log in during checkout by clicking the link in the displayed message.
4. To place an order, the Buyer first adds products of interest to the cart and then completes the order form. The form requires the information necessary to fulfil the order. During checkout, the Buyer also selects the delivery and payment methods. Placing an order requires acceptance of these Terms and Conditions, which the Buyer should read beforehand. If the Buyer has any doubts about them, they may contact the Seller.
5. The ordering process ends when the Buyer clicks the button finalising the order. Clicking that button constitutes the Buyer’s declaration of intent leading to a sales contract with the Seller.
6. If the Buyer chose online payment, clicking the finalisation button redirects them to a payment gateway operated by an external payment operator to pay for the order. If the Buyer chose bank transfer, the button redirects them to the Shop’s order confirmation page with payment instructions. Payment for the order should be made within 7 days of concluding the contract.
7. The Buyer must provide truthful personal data in the order form and is responsible for providing false personal data. The Seller reserves the right to suspend fulfilment if the Buyer provides false data or the Seller has reasonable doubts about its accuracy. In that case, the Buyer will be informed of the Seller’s doubts by telephone or email and has the right to explain all circumstances relating to verification of the data. If the Seller has no information allowing contact with the Buyer, the Seller will provide explanations after the Buyer makes contact.
8. The Buyer declares that all information supplied in the order form is true. The Seller is not obliged to verify its truth or accuracy, although the Seller is entitled to do so under paragraph 7 above.

§ 5 Delivery and payment

1. The available delivery methods are described on the Shop’s pages and shown to the Buyer during checkout. The Buyer bears the delivery cost unless the Seller states otherwise on the Shop’s pages. The Seller may split an order into several separate shipments without additional cost to the Buyer.
2. The available payment methods are described on the Shop’s pages and shown to the Buyer during checkout.
3. Electronic payments, including payment cards, are handled by Przelewy24 and WooPayments.
4. If the Buyer requested an invoice, it will be delivered electronically to the email address given in the order form.

§ 6 Order fulfilment

1. Order fulfilment consists of collecting the ordered products, packing them for delivery to the Buyer, and dispatching the shipment to the Buyer using the delivery method selected by the Buyer.
2. An order is considered fulfilled when the shipment is dispatched to the Buyer, that is, handed to a carrier engaged in transporting goods.
3. The fulfilment time is always stated for each product. Ordered products should be handed over to the Consumer within 14 days unless the Seller clearly specifies a longer period in the product description. In that case, by placing the order, the Buyer agrees to the longer fulfilment time stated in the product description.
4. If the Buyer orders products with different stated fulfilment times, the longest of those times is binding on the Seller for the whole order. The Seller may propose dividing the order into separate shipments to speed up fulfilment for some products.

§ 7 Consumer withdrawal from the contract

1. A Consumer who has concluded a distance contract with the Seller has the right to withdraw without giving a reason within 14 days of taking possession of the purchased goods.
2. From 1 January 2021, the right to withdraw under this section and the Consumer Rights Act also applies to a natural person concluding a contract with the Seller directly related to that person’s business activity, where the contract shows that it is not of a professional nature for that person, particularly in view of the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity. Accordingly, from 1 January 2021, references to Consumer rights in this section also apply to a person meeting these criteria.
3. The right to withdraw from the contract does not apply to a contract for:
   • items made to order.
4. To withdraw, the Consumer must inform the Seller of their decision by an unequivocal statement, for example a letter sent by post, fax or email.
5. To meet the withdrawal deadline, it is sufficient for the Consumer to send the notice exercising the right of withdrawal before that deadline expires.
6. The Consumer must return the product to the Seller or hand it to a person authorised by the Seller to receive it without delay and no later than 14 days after withdrawal, unless the Seller has offered to collect it. Sending the product back before the deadline is sufficient.
7. The Consumer bears the direct cost of returning the goods.
8. If the Consumer withdraws, the Seller will refund all payments received from the Consumer, including the cheapest delivery cost available in the Shop (if paid by the Consumer), without delay and in any event no later than 14 days after the Seller is informed of the withdrawal. The refund will use the same payment method the Consumer used in the original transaction unless the Consumer expressly agrees otherwise. The Consumer will not incur any fees for the refund method.
9. Unless the Seller offered to collect the goods from the Consumer, the Seller may withhold the refund until receiving the goods back or until the Consumer supplies proof of sending them back, whichever occurs first.
10. The Consumer is responsible for any decrease in the product’s value resulting from use beyond what is necessary to establish its nature, characteristics and functioning.

§ 8 Liability for defects

1. The Seller must supply the Buyer with a product free from defects.
2. The Seller is liable to the Buyer if a sold product has a physical or legal defect (statutory warranty for defects).
3. If a sold product is defective, the Buyer may:
   • request replacement with a defect-free product;
   • request removal of the defect;
   • declare a price reduction;
   • declare withdrawal from the contract.
4. If the Buyer identifies a defect, they should inform the Seller and specify their claim relating to the defect or make an appropriate declaration.
5. The Buyer may contact the Seller by post or email.
6. The Seller will respond to the Buyer’s complaint within 14 days after receiving it, using the same means of communication by which the complaint was submitted.
7. Details of the Seller’s statutory liability for defects are governed by the Polish Civil Code (Articles 556–576).
8. From 1 January 2021, provisions on the Seller’s statutory liability for defects in sold goods that apply to Consumers also apply to a natural person concluding a contract with the Seller directly related to that person’s business activity, where the contract shows that it is not of a professional nature for that person, particularly in view of the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity.

§ 9 Personal data and cookies

1. The Seller is the controller of the Buyer’s personal data.
2. The Buyer’s personal data is processed for the following purposes and on the following legal bases:
   • concluding and performing the contract – Article 6(1)(b) GDPR;
   • fulfilling tax and accounting obligations – Article 6(1)(c) GDPR;
   • defending, pursuing or establishing claims connected with the contract, a legitimate interest pursued by the Seller – Article 6(1)(f) GDPR;
   • identifying a returning customer, a legitimate interest pursued by the Seller – Article 6(1)(f) GDPR;
   • handling enquiries from Buyers that have not yet led to a contract, a legitimate interest pursued by the Seller – Article 6(1)(f) GDPR;
   • sending the newsletter after prior consent – Article 6(1)(a) GDPR.
3. Recipients of the Buyer’s personal data are courier companies, tax offices, an accounting office, a law firm, the hosting provider, the invoicing system provider, the CRM system provider and the mailing system provider.
4. Because MailChimp is used, the personal data of Buyers who subscribe to the newsletter is transferred to the United States of America (USA) in connection with its storage on servers in the USA. The MailChimp provider guarantees an appropriate level of personal-data protection through appropriate compliance mechanisms (Privacy Shield).
5. The Buyer’s personal data is stored in the Seller’s database throughout the Seller’s business operations to allow identification of a returning customer. The Buyer may object and request removal of their data from the Seller’s database. If the objection is made before claims under the contract become time-barred, the Seller has an overriding interest in retaining the Buyer’s data until that limitation period expires. Accounting documentation containing the Buyer’s personal data is retained for the period required by law. Data
6. The Buyer’s rights in relation to personal-data processing include the rights to request access, rectification, erasure and restriction of processing; to object to processing; to data portability; and to lodge a complaint with the President of the Personal Data Protection Office.
7. Providing personal data is voluntary but necessary to contact the Seller, create an account, conclude a contract or subscribe to the newsletter.
8. The Shop uses cookies.
9. Details about personal data and cookies are set out in the privacy policy at https://sklep.slowfashioncafe.pl/polityka-prywatnosci/.

§ 10 Intellectual property rights

1. The Seller informs the Buyer that content available on the Shop’s pages and elements of physical products (such as graphic designs) may constitute works within the meaning of the Polish Act of 4 February 1994 on Copyright and Related Rights, in which the Seller holds copyright.
2. The Seller informs the Buyer that further distribution by the Buyer of copyrighted content without the Seller’s consent, except for permitted personal use, infringes the Seller’s copyright and may give rise to civil or criminal liability.

§ 11 Out-of-court complaint handling and redress

1. The Seller agrees to submit possible disputes arising from the sale of goods to mediation. The parties to the dispute will determine the details.
2. The Consumer may use out-of-court methods of complaint handling and redress. In particular, the Consumer may:
   • apply to a permanent consumer arbitration court to resolve a dispute arising from the sales contract;
   • apply to the provincial inspector of the Trade Inspection Authority to initiate mediation aimed at an amicable resolution of a dispute between the Buyer and the Seller;
   • seek assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
3. The Consumer can find more detailed information about out-of-court complaint handling and redress at http://polubowne.uokik.gov.pl.
4. The Consumer may also use the ODR platform at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and traders seeking an out-of-court resolution of disputes over contractual obligations arising from an online sales or service contract.

§ 12 Final provisions

1. The Seller reserves the right to introduce and withdraw offers and promotions and to change product prices in the Shop without prejudice to rights acquired by the Buyer, particularly the terms of contracts concluded before the change.
2. The Seller reserves the right to amend these Terms and Conditions without prejudice to rights acquired by the Buyer under contracts concluded before the amendment. Buyers with registered accounts will be informed of every amendment by email to the address linked to their account. If a Buyer does not accept the new Terms and Conditions, they may delete their account free of charge.
3. Any disputes connected with contracts concluded through the Shop will be heard by the Polish ordinary court having jurisdiction over the Seller’s permanent place of business. This provision does not apply to Consumers, for whom court jurisdiction is determined under general rules. From 1 January 2021, it also does not apply to a natural person concluding a contract with the Seller directly related to that person’s business activity where the contract shows that it is not of a professional nature for that person, particularly in view of the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity; for such a person, jurisdiction is determined under general rules.
4. These Terms and Conditions have been in effect since 1 January 2020.