TERMS AND CONDITIONS OF ANNA WATRAS ONLINE STORE OPERATED AT www.annawatras.pl

I. GENERAL PROVISIONS

1. The following terms and conditions define the rules for using the ANNA WATRAS online store operated under the domain: annawatras.pl.
2. The owner of the ANNA WATRAS Internet Store is Anna Watras conducting business under the name Anna Watras Polska Marka Modowa with its registered seat in Bochnia, NIP: 7952212776, Regon 520478325.
3. Store Contact:

• • Seller’s address: ul. St. Urbana 92, 32-700 Bochnia
  • Seller’s e-mail address: shop@annawatras.pl
  • phone number: 794 455 422

1. The Regulations set out the terms and conditions for the provision of electronic services, including the use of the Store, as well as the rights, obligations and terms of liability of the Seller and the Customer.
2. These Regulations are available on the Store’s website and are an integral part of the sales contract concluded by the Seller with the Customer.
3. All Products offered for sale are new and unused.

II. DEFINITIONS USED IN THESE REGULATIONS:

1. ORDER PERFORMANCE TIME – the number of working days in which the order will be completed and forwarded for shipment to the Customer at the indicated address and in accordance with the form of delivery chosen by the Customer.
2. SUPPLIER – an entrepreneur (courier company) specializing in the delivery of shipments/product to the Customer.
3. REGISTRATION FORM – a form available on the Store Site under the link that allows the Customer to create an Account.
4. CUSTOMER – a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, concluding a contract with the Seller.
5. CONSUMER – a natural person making a legal transaction with an entrepreneur (e.g., entering into a contract) not directly related to his/her business or professional activity.
6. ACCOUNT – an individualized account created in favor of the Customer following his/her registration on the Online Store Website. An electronic service with an assigned login and password, in which the data provided by the Customer and information about orders placed by the Customer in the Online Store are stored.
7. NEWSLETTER – a service that allows you to subscribe and receive electronically free information about the Goods and promotions of the Seller.
8. PRODUCT, PRODUCTS – all products offered by the Seller for sale in the Store and being the subject of a Sales Contract between the Customer and the Seller.
9. REGULATIONS – these regulations of the Store.
10. INTERNET STORE (Store) – online store operating under the domain annawatras.pl.
11. SELLER – ANNA WATRAS online store operated by Anna Watras Polska Marka Modowa ul. St. Urbana 92, 32-700 Bochnia, NIP: 7952212776, Regon 520478325.
12. SALE AGREEMENT – a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The sales process includes: adding Products to the shopping cart, proceeding to the checkout, accepting the Terms and Conditions, confirming the contents of the placed order, payment, verifying the order, confirming the acceptance of the order for execution (conclusion of the Sales Contract), delivery of the ordered Product to the Customer.

III. CUSTOMER ACCOUNT

1. To create an account in the Store, click on the “Create Account” button available on the Store’s website at the link and fill out the Registration Form.
2. Creating an Account in the Store is free of charge and voluntary.
3. Logging into the Account is done by entering the Customer’s e-mail address provided in the registration process and the password sent to the same e-mail address in the registration process.
4. The Customer has the option to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Vendor, in particular via e-mail to the following address: shop@annawatras.pl.

IV. TERMS AND CONDITIONS OF CONCLUDING A SALES CONTRACT, PLACING AN ORDER

1. The customer has two options for placing an order in the online store: after registering through his account as well as without an account. Before placing an order, the customer should read and accept the terms and conditions. Acceptance of the terms and conditions is voluntary, but necessary for the correct placement of the order.
2. In order to place an Order, the Customer is required to:
   1. Select a specific Product from the products offered by the Seller,
   2. Click on the “Add to cart” button,
   3. Click on the “Order” button,
   4. Verify the list of Products in the Basket,
   5. Add a comment in the designated box if it has comments on the ordered product (e.g., matching the product dimensions),
   6. Indicate address details,
   7. Select the type of delivery and accept the delivery costs,
   8. Select a payment method,
   9. Accept the rules and regulations of the Store,
   10. Carry out the approval of the submitted Order by clicking on the “Buy and pay” button.
3. After placing an order, the customer immediately makes payment according to the selected payment method. From the moment the order is placed, the customer has 48 hours to make payment. After this time, the order is canceled.
4. After paying for the Order, the Seller sends the Customer, to the electronic mail address (e-mail) provided by the Customer in the Order, a message with a summary of the Order placed, containing the name of the Product, the value of the Order, the selected method of delivery and its cost, the method of payment and the Customer’s contact details.
5. After the payment is credited, the Seller proceeds to process the Order. The customer will receive electronically a confirmation of acceptance of his order for processing to the e-mail address he has indicated. The lead time is up to 14 working days after the payment is credited.
6. Orders can be placed around the clock, on all days of the week. Orders placed on holidays will be processed on the first business day following the day on which the order was placed.
7. Prices quoted in the store are in Polish zloty and are gross prices. With the purchased goods, the customer receives a document as proof of the transaction, which is a bill, receipt or invoice. Confirmation of the purchase can be sent to the customer at the e-mail address specified by the customer.
8. The order summary contains information about the total amount to be paid by the customer, which consists of:
   1. price per product
   2. delivery cost

   The customer is informed about all costs on the pages of the Store when placing an Order.

9. Select a specific Product from the products offered by the Seller.
10. The order is saved in the system of the online store as evidence of the conclusion of the contract.

V. METHODS AND TERMS OF PAYMENT

1. The customer may use the following methods of payment resulting from the Sales Agreement:
   • payment by bank transfer to the Seller’s bank account (the customer will receive the account number after placing the Order to the e-mail address provided),
   • cash on delivery payment,
   • PayPo payment, deferred payment handled by PayPo,
   • Online, BLIK payment processed through the Paynow payment system,
   • Online card payments handled by Blue Media S.A., supported payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro.
2. Payment term:
   If the Customer chooses to pay by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 48 hours after the Order is placed. After the expiration of the aforementioned. date the Order is terminated.

VI. ORDER LEAD TIME/DELIVERY METHODS

1. The order is transferred for processing immediately after the customer’s payment is credited. Order processing ranges from 1-14 business days and means completing, packing and shipping (shipment output from the warehouse). Shipping delivery time should be added to the order processing time.
2. Information about the availability of a particular Product is made available next to its description.
3. In the case of simultaneous ordering of the same goods by multiple customers, it may happen that the goods will not be available . In such a situation, the customer will be informed during the ordering process that the order cannot be fulfilled.
4. In exceptional situations, in particular, ordering a Product with an extended waiting time, the lead time may be extended, of which the Customer will be notified during the ordering process.
5. The product is delivered to the address indicated by the Customer in the order via the delivery method chosen by the Customer.
6. Delivery time by an external company may be extended for reasons beyond the Seller’s control.
7. The customer is informed about the cost of delivery of the Products in the process of placing the order.
8. The seller provides the customer with the following delivery methods:
   • Courier delivery,
   • InPost parcel machines
9. The customer is obliged to check in the presence of the courier whether the contents of the shipment are consistent with the Order made by the customer and whether the Goods are not damaged. If such circumstances are found, the Customer should refuse to accept the shipment and notify the Seller as soon as possible via electronic mail (e-mail) address: shop@annawatras.pl.
10. Upon receipt of the shipment, the risk of loss of or damage to the Goods shall pass to the Customer. This is without prejudice to the Customer’s right to make a complaint about the Goods or other rights of the Customer under these Terms and Conditions and applicable law.
11. Complaints should be made by completing the Complaint Form. The customer may copy the contents of the claim form and send its completed contents to the e-mail address: shop@annawatras.pl or print it out and attach it in writing to the advertised product together with the proof of purchase by sending it to the address: Anna Watras, ul. St. Urbana 92, 32-700 Bochnia.

VII. RIGHT OF WITHDRAWAL

1. The Customer, who is a Consumer, has the right to withdraw from the Sales Agreement, without giving any reason, within 14 days from the date on which the Goods were delivered. In order to meet the above deadline, it is sufficient for the Customer to send the Return Form, the returned Product together with the proof of purchase, before this deadline. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available on the Online Store’s website under the Exchange or Return link.
2. Returned Goods should be properly secured and packed and sent back complete intact to the Seller’s address, i.e.: Anna Watras, ul. St. Urbana 92, 32-700 Bochnia. The goods should be sent back together with the proof of purchase, and before that the Customer is obliged to fill in the Return Form available at the link Exchange or Return together with the order number. The customer can copy the content of the return form and send its completed content to the e-mail address: sklep@annawatras.pl or print the form and attach it in writing to the returned product together with the proof of purchase to the address: Anna Watras, ul. St. Urbana 92, 32-700 Bochnia.
3. Goods to be returned should have security features and tags. Merchandise should be clean, odorless and have no signs of use (e.g. antiperspirant, foundation, stretching, etc.).
4. Underwear and products sewn to the customer’s individual order – personalization (change of standard lengths at the customer’s request, change of standard color at the customer’s request) are not subject to returns or exchanges.
5. In the event of withdrawal from the Sales Contract, it is considered not concluded. The Seller will refund the price paid by the Customer for the purchased Product(s) and the cost of delivery using the same method of payment that the Customer originally used to purchase the product, within 14 days from the date of receipt of the withdrawal from the Contract.
6. The buyer shall bear the cost of returning the goods. The customer shall also be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
7. The goods must be properly protected and packed, preferably in the original packaging, and sent back complete intact.
8. The Seller has the right to refuse to accept the Product in cases of return of a damaged Product, return made after the expiration of the permissible period or delivery of an incomplete Product to the Store.
9.  In case of cash on delivery payment and failure to fulfill the provisions of the purchase contract of sale by the Customer, the Seller will seek compensation in accordance with Art. 471 of the Civil Code, in particular, the return of the cost of shipping to the Customer, the cost of returning to the Seller and the cost of packaging and protection.

VIII. ADVERTISEMENTS

1. Only new Products are covered by the Sales Contract. The seller is obliged to provide the customer with products free of defects. In case of product defects, the Seller shall be liable for the defects.
2. In the event of a defect in the Product purchased from the Seller, the Customer has the right to make a complaint based on the provisions of the Civil Code on warranty on sale, if the defect in the item (including non-conformity of the goods with the contract) is found within two years of its release to the Customer.
3. The basis for initiating the complaint procedure is the reason for the complaint described in detail in the Complaint Form. Complaints should be made by completing the Complaint Form. The customer may copy the contents of the complaint form and send its completed contents to the e-mail address: shop@annawatras.pl or print it out and attach it in writing to the advertised product together with the proof of purchase to the address of the Store: Anna Watras, ul. St. Urbana 92, 32-700 Bochnia.
4. Complained Goods must be properly protected and packed, preferably in the original packaging, and sent back complete.
5. The Seller will respond to the complaint as soon as possible, no later than within 14 days, and if it does not do so within this period, the Customer’s request is considered justified.
6. Complaints about the difference in the appearance of the goods ordered with those received, which are due to the difference in the setting of the parameters of the Customer’s monitor, in particular the difference in colors and shades, do not constitute grounds for complaint.
7. Complaints are not subject to:
   • natural wear and tear of the product
   • mechanical defects
   • overt defects visible at the time of receipt of the shipment and not reported immediately upon discovery.
8. The store is not liable for the non-conformity of consumer goods with the contract when the customer knew about the non-conformity.
9. Transaction refunds are processed using the same payment method that the customer originally used to purchase the product.
10. If the complaint is not accepted, the Product will be forwarded or sent back to the Customer with the opinion that the complaint is not justified.

IX. NEWSLETTER AND AVAILABILITY NOTIFICATION

1. The Customer may order the service of receiving notifications about the Product(s) and the latest events concerning the Anna Watras brand (“Newsletter”) by filling in the form located on the Store’s website subpage Contact Us or the Newsletter form located in the footer.
2. In order to order the Newsletter service, the Customer provides his/her email address to which he/she wishes to receive the Newsletter and confirms acceptance of the Terms and Conditions.
3. The newsletter is sent in electronic form (e-mail) to the e-mail address provided by the Customer.
4. By providing an e-mail address, the Customer agrees to:
   1. processing of your personal data in accordance with the Terms and Conditions in order to receive notifications about Products and the latest events concerning the ANNA WATRAS brand;
   2. To receive commercial information from the Store within the meaning of Art. 10 paragraph. 2 of the Act of July 18, 2002 on the provision of electronic services to the electronic mail address provided during registration (i.e. Journal of Laws of 2019, item 123, 730).
5. To provide the Newsletter service, the Store uses the MailChimp platform. By signing up for the Newsletter service, the Customer agrees that the Seller may transfer the personal data provided by the Customer to MailChimp (address: The Rocket Science Group, LLC, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA), in accordance with their Privacy Policy and Terms and Conditions. MailChimp is certified with the EU-U.S. Privacy Shield Framework and complies with RODO requirements.
6. The customer may unsubscribe from the Newsletter service at any time by clicking on the link at the bottom of incoming emails.
7. The Customer may order the service of placing the Customer on a waiting list for a one-time notification of the availability of the Product selected by the Customer (“Availability Notification”), by providing an e-mail address in the designated box next to the product description and confirming acceptance of the Store’s regulations.
8. The customer will receive a one-time notification of the selected product to the e-mail address provided. Wanting to be notified about the availability of more products, the Customer is required to enter an e-mail address next to each product separately and confirm acceptance of the rules of the Store.

X. PERSONAL DATA – INFORMATION CLAUSE

1. The administrator of the Customers’ personal data is Anna Watras conducting business activity under the name Anna Watras Polska Marka Modowa based in Bochnia , NIP: 7952212776, Regon 520478325.
2. When placing an order in the Store, the User provides the following personal information:
   • name
   • email address
   • address data – address of residence, postal code, city
   • phone number
3. In the case of using the Newsletter or Availability Notification service, the User provides only his/her e-mail address.
4. Personal data may be processed as indicated below:

1. 1. in case of obtaining additional consents for data processing – pursuant to Art. 6(1)(a) RODO, for the purposes specified in detail in separate consents given by the person whose data is to be processed – until the purposes for which the consents were collected are fulfilled or until the consent given is withdrawn,
   2. based on art. 6(1)(b) RODO, for the purpose of entering into a contract and taking steps to enter into a contract and for the purposes necessary to perform the contract – until the said purposes are fulfilled,
   3. based on art. 6(1)(c) RODO, in order for the Administrator to fulfill its obligations under the law, such as, among others. accounting and archiving obligations, as well as obligations to courts and law enforcement agencies – until the purposes in question are fulfilled,
   4. based on art. 6(1)(f) RODO, for the purpose of:
      1. To enable the Administrator to perform verification of persons authorized to represent the contractor, including in the performance of the contract – until the purposes in question are achieved or an effective, reasoned objection is made to further data processing,
      2. To enable the Administrator to pursue possible claims or to undertake defense against claims – until the realization of the purposes in question or the expiration of the periods of limitation of claims,
      3. enable the Administrator to undertake contact with contractors – until the purposes in question are fulfilled or an effective, reasoned objection is made to further data processing.
   5. Personal data will be processed in accordance with: RODO, Law of May 10, 2018. On the protection of personal data and also other laws.
   6. Recipients of personal data may be:
      1. Entities entitled to obtain personal data, based on the law, including m. in. tax offices, courts, police,
      2. entities that process personal data on the basis of entrustment agreements concluded with the Administrator, including such entities as IT, courier and consulting companies,
      3. other entities cooperating with the Administrator, providing services m. in. In the field of delivery of goods, debt collection, legal advice, postal.
   7. All third-party entities that process your personal data are required to ensure data security and comply with data protection obligations.
   8. To the extent provided by law, the customer has:
      1. The right to access the content of your personal data – the right to obtain information about the processing of your personal data,
      2. The right to rectify your personal data – the right to correct inaccurate data or complete incomplete data,
      3. The right to delete personal data so-called. “The right to be forgotten” – the right to request deletion of data, among other things. When the processing is no longer necessary to fulfill any of the purposes for which the data was collected,
      4. The right to restrict the processing of personal data – the right to request a restriction of the operations performed on personal data, with the exception of operations to which the data subject has consented and their storage – until the reasons for restricting the processing cease to exist and the processing is carried out by automated means,
      5. The right to transfer personal data – the right to request the release of data in machine-readable format, to the extent that the data are processed on the basis of a concluded contract or expressed consent,
      6. The right to object to the processing of personal data- regarding data processed under Art. 6(1)(f) RODO. If you raise an objection, the Administrator will stop processing your personal data for these purposes, unless the Administrator demonstrates that there are valid, legitimate grounds for further processing of your personal data that override the interests of the person who raised the objection or provide a basis for establishing, asserting or defending claims,
      7. regarding  data  personal data, which are processed on the basis of consent – the customer has the right to withdraw consent to their processing at any time. However, withdrawal of consent  shall not affect the lawfulness  of the processing  which  was performed  on the basis  of  consent  given  before  its withdrawal. Declaration   of   withdrawal of   consent   to   processing   of   personal data requires   its   submission   in   written     or   electronic form.
      8. The right to lodge a complaint to the supervisory authority –  the right to lodge a complaint if you consider that the processing of personal data violates the data protection regulations to the President of the Office for Personal Data Protection, at the address: ul. Stawki 2, 00-193 Warsaw.
   9. Provision of personal data by the Customer is voluntary, however, failure to provide such data may result in the inability to conclude an agreement and perform services or to take certain actions aimed at implementing the agreement.
   10. The administrator uses the so-called. cookies (cookies). Cookies are IT data that are stored in the User’s terminal device and are intended for the use of websites.  Cookies do not cause changes in the settings of the Customer’s device.
   11. The Administrator is the entity that places cookies on the User’s end device and accesses them.
   12. The information recorded in cookies is used, among other things. for advertising and statistical purposes, adaptation of the Shop’s content to the User’s individual preferences and optimization of the use of the websites.
   13. The Customer may change the cookie settings independently and at any time in his/her web browser. If you leave these settings unchanged, cookies will be stored on your device. The customer, using the appropriate options of his browser, at any time can delete cookies and block the use of cookies in the future. However, restrictions on the use of cookies may affect some features available on the Store’s website.
   14. The Store’s website includes a plug-in for the social networking site Facebook (hereinafter “Facebook”). The Facebook plugin is marked with the Facebook logo. This plugin will directly connect the customer to the Store’s profile on the Facebook server. Facebook can then obtain information that the Customer has visited the Store’s website from his/her IP address.  The administrator explains that Facebook does not provide him with information about the data collected and how it is used. The purpose and scope of the data collected by Facebook are not known to the Administrator For more information on Facebook privacy, the Administrator recommends contacting Facebook directly or reviewing the portal’s privacy policy at: https://www.facebook.com/about/privacy/
   15. The Store’s website includes a plugin for the social network Instagram (hereinafter referred to as “Instagram”). The Instagram plugin is marked with the Instagram logo. This plugin will directly connect the customer to the Store’s profile on the Instagram server. Instagram may then obtain information that the customer visited the Store’s website from his/her IP address.  The administrator explains that Instagram does not provide him with information about the data collected and how it is used. The purpose and scope of the data collected by Instagram are not known to the Administrator. For more information about privacy on Instagram, the Administrator recommends contacting Instagram directly or reviewing the portal’s privacy policy at: https://help.instagram.com/581066165581870
   16. The Store’s website uses remarketing tools, i.e. Google Ads, this involves the use of cookies from Google LLC regarding the Google Ads service. Within the mechanism for managing cookie settings, the Service Recipient has the option to decide whether the Service Provider will be able to use Google Ads (administrator of external cookies: Google LLC. based in the USA) in relation to him.
   17. The purpose and scope of data collection and its further processing and use by service providers, as well as the possibility of contacting and the rights of the Service Recipient in this regard and the possibility of making settings to ensure the protection of the Service Recipient’s privacy are described in the service providers’ privacy policies:
       • https://www.facebook.com/policy.php
       • https://help.instagram.com/519522125107875?helpref=page_content
       • https://policies.google.com/privacy?hl=pl&gl=ZZ.

XI. REVIEWS OF THE ONLINE STORE 

1. A customer of the Online Store has the opportunity to voluntarily and free of charge give feedback on purchases made in the Online Store. The subject of the opinion may also be an evaluation, photo or review of the purchased product in the Online Store.
   
2. The seller, after the purchases made in the Online Store, provides the data necessary to create an email invitation to the company handling the survey process. The dispatch of surveys and the process of collecting opinions in the forms is fully handled by TrustMate SA, based in Bartoszowicka 3, 51-641 Wroclaw. TrustMate SA sends an email to the customer with a request to give a review and a link to an online form for giving a review – the online form allows you to answer the Seller’s questions about your purchase, evaluate it, add your own description about it. reviews and photos of the purchased product. If you do not give feedback after receiving the first feedback invitation, TrustMate may resend the invitation.
   
3. An opinion can only be given by a customer who has made purchases from the Seller’s Online Store.
4. The reviews submitted by the Customer are published by the Seller on the Online Store and the TrustMate.io business card.
   
5. Issuing an opinion may not be used by the Client for unlawful activities, in particular, for actions constituting an act of unfair competition against the Seller, or actions violating personal rights, intellectual property rights or other rights of the Seller or third parties.
   
6. An opinion can be issued only to the actual products purchased from the Seller’s Online Store. It is forbidden to enter into fictitious/apparent sales contracts for the purpose of issuing reviews. Also, the author of the opinion cannot be the Seller himself or his employees regardless of the basis of employment.
   
7. The issued opinion can be removed by its author at any time.

XII. PROVISIONS FOR ENTREPRENEURS

1. This section of the Regulations and the provisions contained herein apply only to Customers who are not Consumers.
2. The seller has the right to withdraw from a sales contract concluded with a customer who is not a consumer within 14 days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer.
3. In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, and this regardless of the payment method chosen by the Customer and the fact of concluding a sales contract.

XIII. FINAL PROVISIONS

1. Contracts concluded through the Online Store are concluded in the Polish language.
2. The Seller reserves the right to make changes to the Terms and Conditions.
3. The rules of promotions introduced by the Seller are described in separate appendices posted on the store’s website on the “Promotion Regulations” page.
4. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; Law on Providing Electronic Services; Law on Consumer Rights, Law on Personal Data Protection. The Seller will inform the Buyer about the change in the Terms and Conditions by posting its consolidated text on the website of the Online Store.