§ 1. DEFINITIONS
The following definitions are used in these Terms and Conditions:
- k.c. (c.c.) – Act of 23 April 1964 – Civil Code;
- Customer – a consumer / user purchasing Goods in the Store KARENARCANJO.COM of
- KA Sp. z o.o.
- ul. Olsztyńska 2/7
- 11-130 Orneta
- NIP: 7432049442
- REGON: 527583634
- Terms and Conditions – these Terms and Conditions, which constitute a set of rules for the use of the Store and making purchases of Products;
- Store – online Store located at the domain KARENARCANJO.COM;
- Goods – all products offered for sale in the Internet Store;
- Sales Contract – a sales contract concluded by and between the Customer and the Seller through the Store.
§ 2. GENERAL PROVISION
These Terms and Conditions are addressed to all customers of the KARENARCANJO.COM Store and define the following:
- Principles of using the Store;
- Principles of placing orders in the Store;
- Principles of concluding Sales Contracts.
Each Customer may access the Terms and Conditions at any time. The Store is run by KA Sp. z o.o. and enables the purchase of Goods by means of the Internet, at the address: KARENARCANJO.COM. Information about the products in the Store, including, inter alia, descriptions and prices of the Goods, constitute an invitation to submit an offer to conclude a Sales Contract within the meaning of Article 71 of the Civil Code, in accordance with the terms of the Terms and Conditions. The Goods in the Store are marked and defined in detail.
The Customer has access to information on the properties of the Goods, their prices, materials from which they are made, etc. Photographs of the offered Goods are exemplary and serve the purpose of presenting specifically indicated models. Due to the fact that the products offered by KARENARCANJO.COM are handmade, their appearance in reality may differ minimally from the photos presented on the website.
§ 3. RULES REGARDING THE WEBSITE’S USE
The Store makes it possible to purchase the Goods offered therein by means of the Internet.
The Sales Contract is concluded between the Customer and the Store.
A prerequisite for the commencement of the Store’s use is familiarisation with and acceptance of these Terms and Conditions.
The Customer of the Store is obliged not to provide and not to transfer content prohibited by the provisions of the law of using the Store in the following
way:
- to not interfere with its functioning,
- to not send and not place unsolicited commercial information within the Store,
- to use the Store in a way that is not inconvenient for other Customers and for the Store’s administrator,
- to use the content posted on the Store’s website for personal use,
- to use the Store in a manner consistent with the regulations in force in the territory of the Republic of Poland, the provisions of these Terms and conditions, as well as the general principles of using the Internet.
§ 4. CONCLUSION OF A SALES CONTRACT
To conclude a Sales Contract, an order must be placed on the Store website.
Customers may place orders 24 hours a day, on all days of the week. Orders placed on public holidays will be processed on the first working day following
the day on which the order was placed.
It is a condition for the order to be processed that payment is made and all necessary data for dispatch is provided.
To place an order, the Goods must be selected from those available in the Store’s offer by adding them to the „Cart”. Until the moment of confirming the
selection of Products with the „Check Out” button (or „Continue Shopping” after choosing the payment). Until the moment of confirming the selection of
Products with the „Process the order” button, the Customer has the possibility to make changes concerning the Products, contact details for the delivery of
the Products, the delivery method, the payment method, as well as the form of confirming the purchase, i.e. receipt or a VAT invoice (a later change in this
respect is not possible, e.g. issuing an invoice instead of a receipt or issuing an invoice correction not required under the provisions of financial law,
including changing the buyer’s details on the invoice, in particular as a result of resale).
Submission of an order by the Customer (confirmation with the „Process Order” button (or „Continue Shopping” after selecting payment) constitutes an offer
made by the Customer to KARENARCANJO.COM to conclude a Sales Contract, in accordance with the content of the Terms and Conditions.
After the Customer places an order, he/she shall receive a message on the Store website and at the e-mail address provided in the order, containing
information on the items in the order, the number of Goods, the order value, the selected type of delivery and payment, the order processing time and the
Customer’s contact details. The message constitutes confirmation of receipt by the Store of the Customer’s offer to purchase the Goods.
Upon receipt of the aforementioned confirmation, the Sales Contract of the Goods ordered by the Customer is concluded. The Sales Contract is concluded
in accordance with these Terms and Conditions. The Store reserves the right to refuse to process an order under a Sales Contract if the Customer’s contact
details are false, the transaction has not been authorised in the Tpay or PayPal electronic payment system or the payment for the order has not been made
within a specified time.
Until the Store has received confirmation of acceptance of the order for processing, the Customer has the right to cancel the order. To this end, the Customer should immediately contact the Store via the e-mail contact@karenarcanjo.com and inform the Store of the cancellation of the order.
§ 5. SHIPPING AND COLLECTION
Subject to paragraph 2 below, the Shipping time indicated in the Store’s confirmation of acceptance of an order for fulfilment is the most likely time during
which the order will be fulfilled. In exceptional situations, the delivery time is confirmed by an employee of the Store via e-mail. The total and maximum order processing time in the Store should not exceed 7 working days.
The Customer may use one of the three forms of online prepayment:
- tpay.com payment system
- PayPal payment system
- ordinary Internet transfer
Payment with the cash-on-delivery option, i.e. the Customer is obliged to make payment upon delivery of the parcel using the payment method available
from the courier carrying out the delivery.
The processing of the order is started after the payment is credited to the Store’s account. In the case of a payment card, the fulfilment of the order will
begin after positive authorisation of the card.
If cash on delivery is selected, the order is fulfilled after making a purchase in the Store. Products are delivered to the indicated address in the territory of
the Republic of Poland by the DPD forwarding company and outside the territory of the Republic of Poland by the Polish Postal Service.
Charges for delivery of products are given in the process of placing the order. The expected delivery time in the territory of the Republic of Poland is 1 to 3
working days from the day of sending the parcel.
When collecting the parcel delivered by the courier, the Customer should carefully check the content of the parcel, the condition of the outer packaging and
the condition of the ordered Goods in his presence. In the case of damage to the parcel, the Customer should draw up a damage protocol with the courier,
in two identical copies signed by the Customer and the courier.
§ 6. SALES, PRICES AND PAYMENT METHODS
The price of a given Good is given on the website of the Store, this price is binding for the parties from the moment the Customer receives confirmation of
acceptance of the order for processing. The price referred to in the preceding sentence shall not be changed. The prices of Goods in the Store are gross
prices and are given in the Polish ‘złoty’ (PLN) currency. The method of payment for the Goods is chosen by the Customer.
The Store allows payment to be made by a bank transfer, cash on delivery or an electronic payment processed through the Tpay or PayPal payment
system.
Failure to receive payment to the account of the Store or entities mediating in the transaction (Tpay and PayPal services) within 5 days from placing the
order will result in cancellation of the order. In such a situation, the Customer may place the order again.
The processing of an order paid by bank transfer or payment card begins after the payment for the Goods has been received. The Store reserves the right
to change prices of the Goods in the Store, introduce new Goods for sale, conduct or cancel promotional campaigns on the Store’s websites or introduce
changes thereto in accordance with the provisions of the Civil Code and other laws, provided that such changes shall not violate the rights of persons who
have concluded contracts for the sale of Goods offered in the Store prior to such changes.
§ 7. GUARANTEE, COMPLAINTS AND RETURNS
All Goods offered in the KARENARCANJO.COM Store are new and handmade.
The Customer has the right to withdraw from the Sales Contract without giving any reason within 14 days from the date of receipt of the Goods. The
condition for the return to be considered is to make a declaration of withdrawal from the Sales Contract and send the purchased Goods (unused and clean,
in original packaging with a tag) and the attached form of withdrawal to the address of the Store within 14 days from the date of receipt of the Goods. The declaration can be prepared using the Returns Form: Download the Declaration of withdrawal from the Sales Agreement form.
The return of the Goods can be made by a courier service or by Poczta Polska (Polish Post Office) parcel at the Customer’s expense to the address:
Karen Arcanjo
ul.Olsztyńska 2/7
11-130 Orneta.
The right of withdrawal from the Contract concluded by the Customer does not pertain to Contracts for a Product manufactured according to the Customer’s
specifications or serving to satisfy the Customer’s individual needs.
The Seller shall refund to the Customer the equivalent of the price of the Product and the one-off cost of the delivery charge to the Customer up to the
amount of the cheapest delivery charge offered by the Seller (i.e., the courier DPD) (the shipping cost originally incurred during the choosing of the delivery
method of the Product from the Store to the Customer). For the avoidance of doubt, the Seller does not refund the shipping cost of returning the Product to
the Seller.
The Seller does not cover the cost of returning the Product by cash on delivery sent by the Customer. When choosing cash on delivery shipping as a
method of returning the Product, the Seller has the right to charge the Customer for any costs that he or she incurred.
The Seller shall immediately, not later than within 14 days (counting from the day following the delivery of the order) from the date of receipt of the
Customer’s return form and delivery of the returned Product to the Seller, refund the Product’s purchase price to the Customer using the same method of
payment as used by the Customer (in the case of payment by credit card, the payment will be refunded to the same credit card). The Seller may withhold
the funds in the indicated period until the returned Product is delivered to the Seller.
The above rules shall apply to Customers from and outside the European Union. Customers from outside of the European Union are required to complete a customs declaration and clearly indicate in it that the shipment relates to the return of goods. The customs clearance card and invoice should agree as to
value and currency, and be attached to the package marked as return.
Each item purchased in the Store may be complained about in compliance with relevant terms and conditions of complaint if it has defects constituting its
non-compliance with the Sales Contract. A complaint may be lodged by post by sending the Goods together with the above form to the address: KAREN
ARCANJO, Olsztyńska 2/7, 11-130 Orneta. The Customer shall be informed about the manner of processing the complaint within 14 days from the date of
receipt by the Store of the courier parcel containing the Goods complained about.
If the complaint is accepted, the Store will send a full-quality product (repaired or new) to the Customer within 14 days, and if this proves impossible, the
Store will refund the full amount of the price paid for the Goods.
If the complaint is not accepted, the Goods will be sent back together with an opinion that the complaint is not justified. If the Customer finds damage to the
Goods during transport, the Customer is obliged to draw up a damage report in the presence of the courier. Complaints arising from damage to the Goods
during transport will be considered on the basis of the damage protocol drawn up by the Customer and the courier. The Customer, in the event of damage,
in particular: (damage resulting from the Customer’s fault or as a result of fortuitous events during use, in particular mechanical damage), is requested to
contact the Store. The company contacting the Customer will inform him/her of the possible costs of repair. The store has the right to refuse the acceptance
of damaged returned Goods, or Goods that are being returned after the permissible time limit or the delivery of Goods that are of an incomplete value, i.e.
defective.
§ 8 PRIVACY POLICY
The provision of the User’s personal data, as well as the User’s consent to its processing, is completely voluntary. Any personal data provided to the
Administrator shall be processed only to the extent and for the purpose for which the User has given his/her consent. However, if the User decides not to
provide the Administrator with the data necessary for the execution of the order and does not consent to its processing, the Administrator will not be able to
execute the order.
Concerned with the security of the entrusted data, the Administrator has developed internal procedures and recommendations to prevent data from being
made available to unauthorised persons. The Administrator controls their implementation and constantly checks their compliance with the relevant legal
acts – the Personal Data Protection Act, the Act on the Provision of Electronic Services, as well as all kinds of executive acts and acts of Community law.
The User’s personal data will be processed only until the legal obligation ceases to exist or until the User, whose data are concerned with the account
service in the online Store, resigns (termination of the contract for the provision of services by electronic means).The User whose data are processed by the
Administrator on the basis of an expressed consent has the right to withdraw the consent at any time without affecting the legality of the processing
performed on the basis of the consent before its withdrawal.
Contact details:
contact@karenarcanjo.com
The administrator of the personal data of KARENARCANJO.COM is:
KA Sp. z o.o.
ul. Olsztyńska 2/7
11-130 Orneta
NIP: 7432049442
REGON: 527583634
Users’ personal data will be processed for the purposes of:
-The conclusion and execution of orders and Sales Contracts between the Administrator and the User under the conditions described in these Terms and
Conditions;
-Marketing the Administrator’s own Products and services, including by sending, with prior consent, messages containing commercial information, in
particular in the form of a Newsletter, in the form of an Availability Notice on the basis of the Administrator’s legitimate interest pursued by the Administrator
or on the basis of separately granted consent;
-Sending commercial information by electronic means pursuant to Article 10(2) of the Act on Providing Services by Electronic Means of 18 July 2002 (i.e.
Journal of Laws of 2017, item 1219 as amended) – on the basis of separately granted consent;
-Other, resulting from the legitimate interests of the Administrator.
Providing personal data by the User is voluntary, but it is necessary in order to carry out transactions within the Store. When the User subscribes to a
newsletter, electronic messages containing commercial information about promotions and new Products available in the Store will be sent to his/her e-mail
address.
When placing an order in the Store, the User provides the following personal data:
-E-mail address
-Address details: shipping address, postal code, city
-Phone number
-Name and surname
When using the Newsletter or Availability Notification service, the User only provides his/her email address.
Navigation data may also be collected from Users, including information on links and references they choose to click on or other actions they take in the
Store. If a request is made, the Administrator shall make personal data available to authorised state authorities.
Your personal data is protected by the Administrator against unauthorised use, modification or destruction by using appropriate technical and organisational
measures.
The Administrator also collects the, so-called, exploitation data (which are not personal data) of Users visiting the Store website. The collected data is used
to generate statistics and advertising services. The Administrator collects such data as the visits, navigation path and the extent of use of the Store’s
functions by the User, the time of staying on the Store’s website, information on the devices and browsers from which the User visits the Store, as well as
geographical data and interests. The usage data of Store visitors may be used to run online advertising campaigns selected according to Users’ interests.
The Administrator uses personalised retargeting services in order to offer Users interesting advertising content. These advertisements are displayed based
on the User’s activity in the Store. For this purpose, the Administrator uses external advertising platforms such as Facebook, Google, Instagram, etc., which
match the User’s profile in their database in order to determine the optimal time and place to show the User an advertisement of interest.
THE TRANSFER OF PERSONAL DATA TO OTHER ENTITIES
The User’s personal data shall be processed by the Administrator in accordance with the applicable legal provisions, in particular in accordance with
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to
as „RODO” or „RODO Regulation”.
The User’s personal data is transferred to the service providers used by the Administrator in the operation of the Store. In particular, personal data may be
forwarded to:
-payment providers (e.g. PayPal or tpay.com) in order to process payments
-courier companies (e.g. DPD) to deliver the Product to the indicated address
-credit providers / lessors
-providers of feedback surveys
-service providers who supply the Administrator with technical, IT and organisational solutions enabling the Administrator to conduct his business activity,
including the Internet Store and Services provided through it
-suppliers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting
office, a law firm or a debt collection company).
The personal data will not be made available by the Administrator to other entities, apart from those who have an appropriate legal basis, in particular if the
personal data is necessary for the performance of a contract to which the User is a party.
§ 9. NEWSLETTER
The Customer may order the service of receiving notifications about Products and the latest events concerning the KAREN ARCANJO brand („Newsletter”)
by filling in a form located on the Store’s website in the Newsletter tab.
To order the Newsletter service, the Customer provides his/her e-mail address onto which he/she wishes to receive the Newsletter and confirms
acceptance of the Terms and Conditions. The Newsletter is sent via an electronic form (e-mail).
By providing his/her e-mail address, the Customer agrees to:
-Processing his/her personal data in accordance with the Terms and Conditions in order to receive
notifications about Products and latest events concerning the brand KAREN ARCANJO (marketing purposes);
-Receiving commercial information from the Store within the meaning of Article 10(2) of the Act of 18 July 2002 on Providing Electronic Services at the email address provided during registration (i.e. Journal of Laws of 2019, item 123, 730).
The Customer may at any time resign from the Newsletter service by clicking on the link
located at the bottom of each email received.
§ 10. COOKIES
The Administrator uses cookies. Cookies are IT data that are stored on the User’s terminal device and are intended for the use of websites. Cookies usually
contain the name of the website they come from, the length of time they are stored on the User’s terminal device, standard log-in information such as IP
address, type of search engine, language, access times, address of the website from which the User was redirected and a unique number. The
Administrator is the entity placing cookies on the User’s terminal equipment and accessing them.
Cookies are used for the following purposes:
- Creation of statistics which help to understand how Users utilise the Store’s websites, which enables improvement of their structure and content,
- Adapting the content of the Store to the User’s preferences and optimising the use of the websites; e.g. cookies enable in particular to recognise the User’s device – its type (e.g.: laptop, smartphone, tablet) and appropriately display the website adapted to the capabilities of the end device,
- Defining the User’s profile in order to display product recommendations and tailored materials in advertising networks, in particular in the services of Google LLC, Google Ireland Limited and Facebook Ireland Ltd. Cookies enable the display of advertisements, offers and promotions based on browsing patterns of the Store’s website. Thanks to this, the content of the Store and the advertising message are better suited to the User and consistent with his/ her interests and preferences. Cookies allow you to limit the number of times you see an ad. Marketing cookies can also be used to track the effectiveness of advertising campaigns on third-party websites.
- Maintaining the website User’s session, so that the User does not have to re-enter his/her login on each sub-page of the website,
- Ensures that users have read the information on cookies.
- Remembering the Products added to the Shopping Cart for the purpose of placing an order.
The User may, independently and at any time, change the cookie settings, specifying the conditions for storing and accessing cookies in the User’s device. However, restrictions on the use of cookies may affect some of the functions available on the Store’s website.
Two categories of cookies can be distinguished:
- With regard to the lifetime of cookies,
- Permanent files that are stored on the User’s end device for a specified period of time contained in the file parameters or until they are physically removed from the end device by the User,
- Session files are temporary files that are stored on the User’s end device until he/she leaves the Store’s website.
In view of the purpose for which cookies serve:
- Statistical files which are used to collect anonymous statistics about the Store. Cookies used to ensure data security and confidentiality.
- Functional cookies, which enable remembering the Store functionalities preferred by the User.
- Advertising files which make it possible to provide Users with advertising content more suited to their interests.
- The Administrator cooperates with third parties, in particular social media, with regard to their advertising activities. For the purposes of this cooperation, the browser or other software installed on the User’s device also stores cookies from these entities. The purpose of this is to display personalised advertising to the User on the services of these third parties. The third party will be able to directly associate a visit to the Store with the User’s profile on its service.
As part of its marketing activities, the Administrator uses the services of the following entities that use cookies in the Store:
- Google LLC, Google Ireland Limited
- Facebook Ireland Ltd., Facebook Inc.
For more information on the cookies of the aforementioned entities, please refer to their privacy policies. The user can prevent the loading of third-party
plug-ins and cookies on the website by, among other things, using the appropriate settings in their browser.