Regulations effective since 03.10.2018
Art. 1 Preliminary provisions
1. These regulations (Regulations) set forth the rules of using the internet shop (Shop) operate at: URL http://www.eclair.shop or at addresses being an extension or continuation thereof.
2. The Seller: Inter Commerce Katarzyna Dryja with its registered office in Kraków (30-384), ul. Szuwarowa 4/5, tax identification number NIP PL6762328044 and statistical number REGON 122223949, entered to the Central Electronic Register and Information on Economic Activity kept by the Minister for the economy.
3. The Shop may be used subject to prior approval of these Regulations and compliance of the rules hereof.
Art. 2 Customers and registration
1. Customers of Eclair.shop (hereinafter referred to as “Customers”) shall solely be persons of legal age who are fully capable of legal activity.
2. Customers may register (open an account) by completing the electronic form available at Eclair.shop, specifying their e-mail and password, first and last name, address and mobile telephone number. The opening and maintenance of the account is free of charge. No Customer account is required to make purchases.
3. As a result of a correct registration, the Customer gets access to the account that may be used in Eclair.shop when the e-mail address and password (login) specified at registration.
4. The contract for the provision of electronic services relating to account maintenance is concluded between the Customer and the Seller as soon as the Customer gets access to their account.
5. The account contains the Customer's data as specified in the registration form and the history of their purchases at Eclair.shop. In case of any changes to the data specified in the account, the Customer shall be obliged to update it immediately using the appropriate form available at the site of Eclair.shop. The Customer shall be responsible for providing incomplete, obsolete or incorrect data or for failing to update their data.
6. The Customer may not allow other people to the account, in particular the Customer may not disclose the access password to the Account. The Customer shall be obliged to keep the password to the Account in confidence and protect it against disclosure. The Customer shall immediately notify Eclair.shop if their access data to the Account has been intercepted by third persons and clarify the circumstances of such interception.
7. Customers who have not registered an account and wish to make purchases, shall be obliged to specify their delivery address - so that the sales contract may be performed, and their e-mail address and mobile telephone number – to enable contact related to delivery.
8. If the Customer breaches these Regulations, applicable laws or good practices, the Seller may terminate the contract with the Customer or suspend its active status in relation to the relevant Account. The above in particular refers to a situation when the Customer has downloaded or used any materials available at Eclair.shop without the Seller's consent.
9. It is prohibited to aggregate and process the data and other information available at Eclair.shop in order to be further made available to third persons within other web portals and outside the Internet. It is further prohibited to use any marks of Eclair, including characteristic elements of artwork, without the consent of the Seller or any other entity entitled to provide such consent.
10. The Account shall be kept for the Customer for an unspecified period of time. At any time the Customer may request that their account be deactivated by filing a statement to the Seller directly to the people servicing Eclair.shop. Irrespective of the above, the Customer who has registered and has used no services provided electronically by Eclair.shop, may withdraw from the contract without specifying a reason within 14 days of registration.
Art. 3 Ordering
1. Eclair.shop publishes information on products (hereinafter referred to as “Products”) and terms and conditions of purchase and delivery thereof. For the avoidance of any doubts, such information are not an offer but only an invitation to submit offers in the form specified in the information on the Products. When the Customer selects Products and confirms their will to purchase the Products is an offer to enter into a purchase contract of the specified Products (hereinafter referred to as the “Order”).
2. The Seller informs that the photos of the Products are only examples and are used to present the specifically displayed models. Any differences resulting from individual settings of the computer or any other device used by the Customer (colour, size, proportions, etc.) may not constitute a basis to any complaints related to the Products.
3. Additionally, complaints may not be filed on the basis of weight differences between the manufactured Product and the one presented in the Shop. The fact is due to the manual method of each Product manufacturing. Due to the fact that all Products are manufactured manually, the Seller informs that such manufactured product may be slightly different in terms of weight from the one presented in the Shop and this may not be a reason for complaints.
4. The Customer selects Products by adding the Products of their choice to a (virtual) basket. Placing Products on the basket shall not be treated as a reservation thereof. If the available inventories of the Products are exhausted before the Ordered is confirmed by the Customer, the Seller informs that the Order will be executed at a later date.
5. When the Products are selected and before selecting the payment form, the Customer shall be obliged to provide their full and correct address for delivery and telephone number which may not be changed until the time of delivery. Changes to the address of delivery is possible solely in extraordinary circumstances subject to approval by the Seller and before the Products are handed over to the carrier for delivery.
6. When the Order is placed by the Customer and the payment method is selected, the Customer shall receive an Order placement confirmation by e-mail from the Seller. When the Order has been approved by the Seller, the Customer shall receive a confirmation thereof. When such message is received by the Customer, a sale contract is concluded between the Seller and the Customer. When only a part of the Contract is confirmed, the contract is concluded solely with respect to the Products that have been confirmed.
7. If the Seller is not able to perform the contract in whole or in part due to storage of Products or due to the fact that the Product has not been delivered to the Seller due to unforeseen circumstances of the Product has been damaged or lost, the Seller shall immediately notify the Customer thereof and the Order shall be delivered at a later time agreed with the Customer.
Art. 4 Payments
1. Electronic payments made by the Customer shall be handled by the specialised payment institution DotPay Sp. z o.o. with which the Seller has entered into an agreement.
2. If the selected payment method is with payment cards with the function of internet payments, or by bank transfer, the Customer shall be redirected to a web site to make such electronic payment, e.g. the login site to the Customer's bank or the Card Authorisation Centre. When payment for the Product is not made within 7 days of the Order date, the Order placed by the Customer will be cancelled and no payment shall be deemed as withdrawal by the Customer from the sale contract.
3. The price of Products specified in the Product description covers all taxes and fees required by applicable laws. The price does not cover the delivery costs of the Products which are specified separately.
4. The purchase of the Products is confirmed with the issue of a payment receipt of a VAT invoice. The Customer agrees to receive electronically to their e-mail address provided at Registration of an electronic image of such payment documents as VAT invoices with attachments, including adjusting VAT invoices.
5. The Customer may use rebates subject to the principles specified at Eclair.shop. The accumulated rebates may be used by Customers solely to purchase those Products that have not been excluded from such discounts or rebates. The amount of the rebate will reduce the price payable by the Customer for Products. Rebates may be combined solely when explicitly permitted. Rebates may not be disposed of or exchange for cash or any other benefits.
Art. 5 Order execution time
1. Orders placed by the Buyer shall require payment.
2. Orders shall be executed and delivered when payment is received.
3. Orders placed on working days after 15:00 hours, on Saturdays, Sundays and official holidays shall be forwarded to execution on the following working day.
4. The ordinary order execution period, starting from the day the contract is concluded until the delivery of the Products to the buyer will be 9 working days or from 4 to 7 weeks in case of Products that have to be manufactured.
5. If the buyer places several orders at the same time with various execution periods, upon explicit instructions of the buyer the orders may be executed jointly with the execution time being the execution time of the most time-consuming order.
6. The terms and conditions of order execution apply solely to orders executed in the territory of the European Union. Terms and conditions of executing orders beyond the territory of the European Union shall be agreed subject to an individual agreement with the buyer.
Art. 6 Delivery of Products
1. The sale contract shall be executed by the Seller at the place where the Product is collected (in case of any doubts, the place where the Product is to be collected as specified by the Customer).
2. The Seller shall notify the Customer of delivery costs at Eclair.shop and in the summary of the Order before it is placed by the Customer.
3. The dispatch time of the ordered Products shall be specified in the summary of the Order. The specified dispatch time refers to working days. If the Customer buys numerous Products within one Order and the Products have different dispatch times, they will be delivered jointly when all Products have been collected which is the longest of the dispatch times specified for each Product.
4. Products shall be sent solely to addresses in the Republic of Poland as well as to those countries indicated by the Seller for which specific delivery costs have been identified. If the Seller is able to and subject to a separate agreement with the Customer, the Seller may send Products also to other countries than those specified by Eclair.shop.
5. Products will be delivered by courier companies with which the Seller has entered into agreements. By e-mail, the Seller shall notify the Customer of delivery details and shall provide a link to follow the delivery.
6. The Customer shall check the condition of the Products or the condition of the parcel (packaging) as soon as the consignment has been delivered. Should any damage be detected that may have arisen in transport, the Customer shall make a report thereof and notify the Seller immediately.
7. The Seller shall not be liable for non-delivery of the Products for reasons attributable to the Customer - e.g. due to the fact that an incorrect or incorrect delivery date has been provided, presenting the delivery. In such situation, the Customer shall notify the Customer of such unsuccessful delivery of the Products and the costs of renewed delivery shall be covered by the Customer.
Art. 7 Returns and complaints
1. The Products offered in the Shop are new and free of any physical or legal defects. Certain products are manufactured manually in the original technology of Carl Fa which means that they are covered with delicate fragile enamel. As a result, the Products are sensitive to shocks and abrasion against hard products. That may result in damaging the enamel. The Seller recommends delicate handling of the Products.
2. The Seller shall not be liable for any physical defects to the Products (chips to the enamel, scratches, etc.) resulting from incorrect handling and storage of the Products.
3. The Seller shall be liable to the buyer for physical and legal defects purchased at the Shop (Statutory Warranty) that have been detected within two years of the delivery thereof of the buyer.
4. The Customer may file a complaint with the Seller in particular when the Product is incompliant with the contract or in case of defects to the Products as well as in case the Seller's actions are incorrect or incompliant with the provisions of these Regulations.
5. Complaints may be filed by e-mail or in writing to the Seller's address.
6. Such complaints shall specify: first and last name, account details (as disclosed to Eclair.shop), details of the transaction covered with the complaint or any other circumstances underlying the complaint as well as the Customer's demand related to the complaint. If the complaint refers to a Product, the complaint shall be accompanied by the Products covered with the complaint and a purchase confirmation.
7. If the data or information specified in the complaint needs to be supplemented with more information, the Seller - before reviewing the complaint - shall request the complaining Customer to provide such additional information.
8. The Seller shall review complaints within 14 days of receipt of a correctly completed complaint; if the complaint refers to the purchased Products, within 14 days of receipt of the Products with a detailed description of the reasons underlying the complaint. The Customer shall be notified of the method to review the complaint by e-mail to the address provided at registration, or in writing. If the complaint is rejected the Seller shall notify the Customer thereof specifying the reasons of its decision.
9. When replacement or repair of the Product is possible, the Seller shall notify the Customer thereof and shall provide all information concerning further procedure. In instances when it is justifiable to refund the price the amount paid for the Product purchased by the Customer will be refunded within 14 days of the day the Seller accepts the complaint.
10. The Seller shall not accept any objects sent to it against cash payment.
11. The Customer may appeal the Seller's decision concerning the complaint.
12. The price paid by the Customer shall be refunded in the same way as the payment method selected by the Customer when paying for the Product. When the Customer enjoyed a rebate when purchasing the Product, the price refund shall be reduced by the amount of the rebate. The Customer shall be entitled to use the rebate at future purchases subject to the terms and conditions attributable to the Customer before the transaction under which the price is refunded.
13. The Customer may return a new Product solely without any physical defects (in compliance with item 2), in an intact packaging - that is without breaking the special film with a seal protecting against opening. Any opening of the protective items by the Customer shall be treated by Seller as use of the Product which may not be returned or replaced.
Art. 8 Withdrawal from the contract
1. In compliance with Art. 27 of the Act on consumer rights, the buyer who is a consumer who makes purchases at the Shop shall be entitled to withdraw from the contract concluded with the Seller.
2. The withdrawal from the contract shall be made subject to filing a statement in a contact form available at the site of Eclair.shop or in writing or by e-mail to the Seller's address email@example.com.
3. The withdrawal from the contract may be made within maximum 14 days of the day of Product delivery to the buyer or a third person designated by the buyer other than the carrier.
4. In case of an effective withdrawal from the sales contract, the contract shall be deemed as null and void with respect to the Product for which the Customer withdrew from purchasing. The Product shall be returned in the original intact packaging, without breaking the special film with a seal protecting against opening, with complete equipment and accessories.
5. The return shall be made without delay, however not later than within 14 days of Product receipt. The Customer shall cover the costs of sending the Product back to the Seller.
6. The Product shall be sent back to Inter Commerce Katarzyna Dryja, ul. Szuwarowa 4/5, 30-384 Kraków.
7. In case of an effective withdrawal from the sales contract, the Seller shall refund the price for the Product paid by the Customer in the same way as the original payment method for the Product selected by the Customer. When the Customer enjoyed a rebate when purchasing the Product, the price refund shall be reduced by the amount of the rebate which the Customer shall be entitled to use subject to the terms and conditions to the rebate.
8. If the period to withdraw from the contract as specified in this Article is exceeded, the Seller shall send the returned Product to the Customer at the Customer's expense. Failure on the part of the Customer to comply with the above withdrawal procedure from the contract, the withdrawal procedure from the contract may be materially protracted and as a result - the refund of the funds due to the Customer.
9. The buyer may not withdraw from the concluded contract covering products manufactured on an individual order or closely related to the Customer.
10. The buyer shall be responsible for any reduced value of the product that may result from using the product in excess of the required use to identify its nature, features of functioning, in particular when the protective measures have been broken.
Art. 9 Personal data protection
1. The Seller is the controller of the Customers’ personal data and of persons designated by the Customers.
2. The personal data will be processed by the Seller in compliance with applicable laws and solely for purposes related to the Seller's activity related to Eclair.shop, including to conclude and execute sales contracts (handling of Product sales transactions, communication with Customer and review of complaints) as well as to archive translations.
3. The persons data shall be processed on the basis of: a) approval of the Regulations by the Customer (at account opening or Order placement), b) the need to perform a contract for the Customer, or c) justified legal interests of the Controller (e.g. defence against claims or in case of third-party data disclosed by Customers - to specify the delivery address for such other persons).
4. The personal data is provided to the Seller on a voluntary basis; however, failure to provide such personal data may hamper or prevent the conclusion of sales contracts, effective execution thereof or ensuing appropriate after-sale services.
5. Pursuant to a co-control agreement, the personal data may be transferred between the Seller and entities cooperating with the Seller.
6. The personal data may be disclosed to persons acting on behalf of entities providing services to the Seller and related to contract execution (e.g. postal companies or courier companies). The personal data may also be disclosed to entities entitled thereto in line with the applicable regulations, including competent bodies of the system of justice.
7. The personal data may be transferred to third countries (outside European Union countries) in connection with delivery of Products commissioned by the Seller.
8. The personal data will be stored for a period required to execute orders or keeping Customers’ accounts at Eclair.shop. Afterwards, the data may be processed pursuant to: the Seller's legal duties (e.g. related to storage of accounting documents) or legally justified interests (defence against claims that may be lodged against the Seller).
9. The Seller ensures that the persons whose personal data it processes, shall be entitled to use the rights resulting from the applicable regulations, including the right to access to their personal rights, to have the data corrected, modified, removed or transferred, as well as the right to request a restriction to their personal data processing and to object to such processing in compliance with the applicable legal regulations. Additionally, in case of a voluntary provision of consent for personal data processing, every person whose personal rights are processed shall be entitled to revoke their consent to have their data processed. Each person whose personal data is processed shall be entitled to file complaints to the President of the Personal Data Protection Authority.
10. The personal data of the Customers and other persons whose data has been disclosed by the Customer, is protected by the Seller against disclosure thereof to unauthorised persons as well as other instances of disclosure or loss or unauthorised modification of the data and information, by applying appropriate technical and organisational measures.
Art. 10 Copyright
It is prohibited to disseminate, record, multiply, archive any information related to the Shop, with digital techniques, or to download to computer memory, made any adaptations of the Shop, including any use of its fragments or graphic elements (including the logo of “Eclair”), the layout and composition of Eclair.shop web sites as well as any other intellectual property rights, without the knowledge and written explicit consent of Inter Commerce.
Art. 11 Final provisions
1. In case of any modifications of these Regulations, Eclair.shop shall notify the Customers thereof on the site of Eclair.shop. The Regulations shall become effective on the day indicated in the modification which may not be less than 7 days of publication thereof by the Seller; however, modifications of technical and information nature or such that do not impair the Customers’ situation, may be implemented in a shorter period. The Customers who placed Orders before the effective date of new Regulations shall be subject to the previous version of the Regulations.
2. Polish law shall apply to the sales contract concluded between the Customer and the Seller subject to the terms and conditions specified in these Regulations. All disputes that may arise in connection with the application of these Regulations shall be resolved by competent Polish courts of law.