Terms of service

Palmar online store regulations

§ 1.General provisions

These regulations (hereinafter: "Regulations") define the terms and conditions of using the "Palmar" online store operating at the internet address www.palmar.co (hereinafter: "Store"). The regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter: the "Act on the provision of electronic services").

The store is owned by Katarzyna Rusin, running a business under the name "Katarzyna Rusin Saturday Summer" (address of a permanent place of business: Dworska 1A / 84, 30-314 Kraków), entered in the Central Register and Information on Economic Activity, with NIP : 6792991103, REGON number 383940769 (hereinafter: "Seller").

Contact with the Seller is possible via:
e-mail - at the following address: hello@palmar.co;
traditional mail - at the address: ul. ul. Dworska 1A / 84, 30-314 Krakow.

As part of the activities performed, the Seller sells Products that can be purchased by Buyers using the Store, and provides the services indicated in the Regulations by electronic means. Information about the Products available in the Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a sales contract within the meaning of art. 71 of the Act of 23 April 1964 Civil Code (hereinafter: "Civil Code").

Before using the Store, the Customer is obliged to read the Regulations and the Privacy Policy.

§ 2.Definitions

The capitalized words used in the Regulations have the following meanings:
Working day - a day that is not Saturday, Sunday or a day off from work within the meaning of the provisions of the Act of January 18, 1951 on non-working days;
Client - User or Buyer;
Civil Code - a term defined in § 1 sec. 6 of the Regulations;
Consumer - a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity;
Account - a panel created in the Store's IT system, enabling the User to use its functionality, in particular to purchase Products;
Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded a Sales Agreement with the Seller or has taken steps to conclude it;
Privacy Policy - a document containing information on the processing of personal data by the Seller;
Product - a movable item available in the Store that can be purchased by the Buyer (in particular, a clothing product);
New product - term defined in § 9 sec. 1 of the Regulations;
Primary product - term defined in § 9 sec. 1 of the Regulations;
Exchange proposal - term defined in § 9 sec. 4 of the Regulations;
Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, the specific provisions of which grant legal capacity, conducting business or professional activity on its own behalf;
Entrepreneur with the rights of a Consumer - a natural person running a business or professional activity on his own behalf, who has concluded an Agreement with the Seller directly related to his business activity, but not having a professional nature for that person, resulting in particular from the subject of his business activity;
Regulations - the term defined in § 1 section 1 of the Regulations;
Seller - the term defined in § 1 sec. 3 of the Regulations;
Agreement - Sales Agreement, Exchange Agreement or Account Service Agreement;
Agreement for the provision of the Account Service - an agreement for the provision of electronic services within the meaning of the Act on the provision of electronic services, the subject of which is the free creation and maintenance of an Account by the Seller for the benefit of the User for an indefinite period;
Sales contract - a sales contract within the meaning of the provisions of the Civil Code, the subject of which is the sale to the Buyer of the Product selected by him available in the Store;
Exchange contract - an exchange contract within the meaning of the Civil Code, the subject of which is the Buyer's transfer to the Seller of the ownership of the original Product in changes for the Seller's transfer to the Buyer of the ownership of the new Product;
Consumer Rights Act - the Act of 30 May 2014 on consumer rights;
Act on the provision of electronic services - the term defined in § 1 sec. 2 of the Regulations;
User - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer rights, who has concluded an Agreement with the Seller for the provision of the Account Service or has taken steps to conclude it;
Order - the Buyer's statement to the Seller, which specifies the number and type of Products that the Buyer wants to purchase.

§ 3.Technical requirements

For the proper use of the Store by customers, it is necessary to collectively:

connection to the Internet;
having devices that allow you to use the resources of the Internet;
using a web browser that allows displaying hypertext documents on the screen of the device, linked to the Internet by a web service, and supports the JavaScript programming language, and accepts cookies;
having an active e-mail account.

As part of the Store, it is forbidden for customers to use viruses, bots, worms or other computer codes, files or programs (in particular, automating the processes of scripts and applications or other codes, files or tools). The Seller informs that it uses cryptographic protection of electronic transfer and digital content by using appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing the data, including SSL encryption, the use of access passwords and anti-virus programs or against unwanted software. The seller informs that despite the use of the security referred to in paragraph 3 above, the use of the Internet and services provided electronically may be at risk of getting into the ICT system and the Customer's device, malicious software or gaining access to data on this device by third parties. In order to minimize this risk, the Seller recommends the use of anti-virus programs or measures to protect identification on the Internet.

§ 4.Rules for using the Store

The customer is obliged to use the Store in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good manners. The provision of illegal content by the Customer is prohibited.

§ 5.Creating an Account

In order to create an Account, the User should perform the following steps:

enter the Store's website;
click on the tab with the human silhouette icon;
enter the following mandatory data in the displayed form:
e-mail address,
created Account password;
click "create an account".

The User gains access to the Account immediately after clicking the "create an account" option. Upon access to the Account, an Agreement for the provision of the Account Service is concluded between the User and the Seller. After creating the Account, the User may supplement the mandatory data stored on it with the following optional data:

first name and last name;
optionally - company and tax identification number (if the Buyer is an Entrepreneur or Entrepreneur with Consumer rights);
address of residence / business activity (street, house number, apartment number, city, zip code, country) or delivery address (if different from the address of residence / business);
Phone number.

By means of the Account, the User may, in particular, store and update his data and view the placed Orders. The User may at any time and without giving any reason terminate the Agreement for the provision of the Account Service with immediate effect by sending the Seller a notice of termination via e-mail or traditional mail. The Seller deletes the Account immediately after receiving the statement referred to in the preceding sentence. If the User uses the Account in a manner inconsistent with generally applicable law, the provisions of the Regulations or decency, as well as the User provides illegal content, the Seller may send a request to the User via e-mail to discontinue them, and in the event of non-performance - block the Account, which is tantamount to the termination of the Agreement for the provision of the Account Service with a 7 (seven) day notice period. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted. Blocking or deleting the Account does not affect the performance of the Sales Agreements concluded by the User before blocking or deleting the Account.

§ 6.Purchasing Products

The prices of the Products available in the Store are expressed in Polish zlotys (PLN) and euro (EUR) and constitute the gross value (they include all mandatory price components, including VAT due). The Buyer may purchase Products both after creating an Account and without creating it. If an Account is created, the Buyer should log in to it before making purchases.
In order to purchase the Product, the Buyer should perform the following steps:

enter the Store's website;
enter the tab of the selected product and click "add to cart";
enter the "basket" tab and click "go to order processing";
enter or select the following data in the displayed forms:

first name and last name;
optionally - company and tax identification number (if the Buyer is an Entrepreneur or Entrepreneur with Consumer rights);
address of residence / business activity (street, house number, apartment number, city, zip code, country) or delivery address (if different from the address of residence / business);
Phone number;
e-mail address;
Delivery method;
payment method;

5. click "Pay Now" and then pay for the Product in accordance with the selected payment method.

The products are delivered by the Seller by courier. Payments for the Product are made using payment cards. Clicking the "Pay now" option by the Buyer is tantamount to submitting an offer to purchase the Products covered by the Order.

After placing the Order, the Buyer receives a confirmation of its submission to the e-mail address provided by him.
If it is not possible to complete the Order, the Seller shall notify the Buyer about it by means of a message sent to the e-mail address provided by him. In the case referred to in the preceding sentence, no Sales Agreement is concluded between the Seller and the Buyer. If the Order referred to in this paragraph has been previously paid for by the Buyer, the Seller shall promptly return all payments made by the Buyer.

In the case of transferring the Order for execution, the Seller shall notify the Buyer about it by means of a message sent to the e-mail address provided by him. Upon receipt by the Buyer of the message referred to in the preceding sentence, the Sales Agreement is concluded between the Seller and the Buyer.

If the placed Order, for which the Buyer chose the payment option for the Product before its delivery, is not paid within 1 (one) day from the date of its submission, the Seller has the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days. from the date of ineffective expiry of the deadline for paying for the Order. The Buyer shall be informed about the Seller's withdrawal from the Sales Agreement and cancellation of the Order by means of a message sent to the e-mail address provided by him.

§ 7.Execution of the contract

The Seller sends Products to addresses located in the territory of the Republic of Poland and other European countries. The costs of shipping the Product are covered by the Buyer with the reservation that the Seller has the right to set the minimum value of the Order, the achievement of which entitles the Buyer to free shipping of the Products covered by it. The minimum value of the Order referred to in the preceding sentence is each time displayed to the Buyer as part of the Store.
The Seller is obliged to deliver the purchased Product to the Buyer in a defect-free condition. The product delivered to the Buyer should be intact. If the Product is delivered by a courier, the Buyer should check the Product in his presence. If the Product package is damaged, the Buyer should write a damage report and contact the Seller.

§ 8.The right to withdraw from the Sales Agreement

The provisions of this paragraph apply only to the Buyer who is a Consumer or an Entrepreneur with the rights of a Consumer. The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days from the date of taking possession of the Product by him or a third party indicated by the Buyer who is not a carrier. The Buyer exercises the right to withdraw from the Sales Agreement by submitting to the Seller a declaration of withdrawal from the Sales Agreement (hereinafter: "Statement"). To meet the deadline for withdrawal from the Sales Agreement, it is enough to send the Statement before the deadline referred to in paragraph 2 above.

The declaration may be submitted by the Buyer in any form, in particular on the form constituting Annex 2 to the Act on consumer rights. In order to improve the implementation of the right to withdraw from the Sales Agreement, the Seller recommends, however, submitting a Statement in the manner indicated in paragraph 5 below.
The Buyer may submit a Statement in the form of:

electronic;
paper.

If the Declaration is selected in electronic form, the Buyer should send by e-mail to the address indicated in § 1 sec. 4 point 1 of the Regulations, a message containing the following elements:

Buyer's name and surname;
e-mail address;
correspondence address;
a clear statement of withdrawal from the Sales Agreement;
indication of the Products to which the withdrawal from the Sales Agreement applies;
order number;
date of placing the Order
PKD codes of business activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer rights).

If the Declaration in the paper form is selected, the Buyer should print and complete the form constituting Annex 1 to the Regulations and then send it together with the Product to the address indicated in paragraph 10 below.
The Seller shall send the Buyer a confirmation of receipt of the Statement immediately after receiving it, by e-mail.
In the event of exercising the right to withdraw from the Sales Agreement, the Buyer should return the Product to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. To meet the deadline referred to in the preceding sentence, it is enough to return the Product before its expiry.

The Product should be sent to the following address:

Katarzyna Rusin Saturday Summer
ul. Dworska 1A / 84
30-314 Krakow

The buyer bears the direct costs of returning the Product. The reimbursement of payments made by the Buyer takes place after the Seller receives the returned Product or proof of its return by the Buyer, whichever occurs first. The reimbursement is made using the same payment method that was used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different solution. The buyer does not bear the costs of returning the payment made. The Buyer is responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.

§ 9.Product Exchange

The Buyer may request the Seller to replace the Product purchased by the Buyer (hereinafter: "Original Product") with another Product currently available in the Store (hereinafter: "New Product").

In the event that the price of a new Product:

is lower than the price of the Original Product - the difference between these prices is not refundable;
is higher than the price of the original Product - the condition for the exchange is that the Buyer pays the difference between these prices to the Seller's bank account.

The original product may only be replaced if:

it has not been used by the Buyer;
it does not have any damage, in particular tears, abrasions, losses, stains, discoloration, dirt, etc.;
has all tags.

In order to replace the original Product, the Buyer should send the Seller a replacement proposal by e-mail (hereinafter: "Exchange Proposal").

If the Exchange Proposal is accepted, the Seller shall send a confirmation of its acceptance to the e-mail address provided by the Buyer. Upon receipt by the Buyer of the confirmation indicated in the preceding sentence, the Exchange Agreement is concluded between the Seller and the Buyer, unless the case indicated in paragraph 2 point 2 above occurs (the moment of concluding the Exchange Agreement is the moment of the impact of the difference in the prices of the Original Product and the new Product on Seller's bank account).

Within 14 (fourteen) days from the date of receipt of the confirmation referred to in paragraph 6 above, the Buyer is obliged to send the original Product to the following address:

Katarzyna Rusin Saturday Summer
ul. Dworska 1A / 84
30-314 Krakow

The costs of sending the original Product are borne by the Buyer. In the event that the sent primary Product meets the requirements set out in paragraph 3 above, the Seller shall immediately ship a new Product. The costs of sending the new Product are borne by the Buyer.

In the event that the sent Primary Product does not meet the requirements referred to in paragraph 3 above, the Seller may withdraw from the Exchange Agreement within 7 (days) from the date of receipt of the Original Product by submitting a declaration to the Buyer via e-mail. In the statement referred to in the preceding sentence, the Seller informs the Buyer about the possibility of collecting the original Product in person at the address indicated in paragraph 6 above or sending it back at the Buyer's expense. The new Product received by the Buyer is not subject to the exchange referred to in this paragraph.

§ 10.Complaints about the Products

Based on Article. 558 § 1 of the Civil Code, the Seller's liability under the warranty towards Buyers who are Entrepreneurs or Entrepreneurs with Consumer rights is excluded. Further provisions of this section apply only to the Buyer who is a Consumer.

The Seller is liable to the Buyer under the warranty if the Product purchased by him has a physical or legal defect. The implementation of the Buyer's rights under the warranty takes place in accordance with the provisions of art. 556 and following of the Civil Code and the provisions of this paragraph.

In order to improve the process of considering complaints, the Seller recommends submitting them in the manner indicated in paragraph 4 below.

The Buyer submitting a complaint due to Product defects should send:

a self-signed complaint declaration, constituting Appendix No. 2 to the Regulations;
proof of purchase of the Product or its photocopy;
Product covered by the complaint;

to the address:
Katarzyna Rusin Saturday Summer
ul. Dworska 1A / 84
30-314 Krakow

The Buyer who submitted a complaint and delivered the Product covered by it to the Seller, may request the Seller to reimburse the costs incurred for its delivery. In case of: accepting the complaint - the Seller shall immediately reimburse the Buyer for the costs of delivering the Product covered by the complaint; failure to accept the complaint because it is unfounded - the costs of delivering the Product covered by the complaint are not refundable.

The deadline for considering the complaint and responding to it is 14 (fourteen) days from the date of receipt by the Seller of the complaint, and in the case referred to in paragraph 5 above - from the days of delivery of the Product to the Seller. Failure to reply within the time limit indicated in the preceding sentence is tantamount to recognizing the complaint by the Seller. The Seller shall reply to the complaint by e-mail to the Buyer. If it is not possible to remove a defect in the Product or replace it with a Product free from defects, the Seller shall inform the Buyer about the possibility of submitting a declaration of price reduction or withdrawal from the Sales Agreement. Depending on the Buyer's choice, the Seller shall return to the Buyer all or part of the price for the defective Product within 14 (fourteen) Business Days from the date the Buyer selects one of the services offered by the Seller.

§ 11.Complaints about services provided electronically

The User may submit a complaint in the event that the Seller provides electronic services in a manner inconsistent with the Regulations, which results in particular in the incorrect operation of the Store or any of its elements.

The user submitting a complaint for the reasons indicated in paragraph 1 above, should be sent by e-mail to the address indicated in § 1 sec. 4 point 1 of the Regulations, a message containing the following elements:

User's first and last name;
e-mail address;
description of detected irregularities;
a proposal to settle the complaint.

The deadline for considering the complaint and responding to it is 30 (thirty) days from the date of its receipt by the Seller.
The Seller will send the answer to the complaint by e-mail.

§ 12.Seller's intellectual property

All components of the Store, in particular:

Store name;
Store logo;
photos and descriptions of Products;

the principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases
- are subject to legal protection under the provisions of the Act of February 4, 1994 on Copyright and Related Rights, the Act of June 30, 2000 - Industrial Property Law and other generally applicable provisions of law, including the provisions of European Union law. Any use of the intellectual property of the Seller without its prior, express consent is prohibited.

§ 13.Personal data protection

Information on the processing of personal data by the Seller can be found in the Privacy Policy available at: www.palmar.co/pl/policies/privacy-policy.

§ 14.Out-of-court dispute resolution

The provisions of this paragraph apply only to Customers who are Consumers. The customer has the option of using extrajudicial means of dealing with complaints and redress. Detailed information on the possibility for the Customer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites: poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection; Provincial Inspectorates of the Trade Inspection; Office of Competition and Consumer Protection. The customer may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

§ 15.Changing the Regulations

The Seller may amend the Regulations in the event of:

changing the subject of the Seller's activity;
introducing new services in the Store, withdrawing from it services previously provided or modifying currently provided services;
making a technical modification of the Store requiring the provisions of the Regulations to be adapted to it;
the legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.

The Customers will be informed about the amendment to the Regulations by publishing its amended version on the Store's website, at least 14 (fourteen) days before the amendments come into force. Within the time limit referred to in the preceding sentence, the amended version of the Regulations will be sent to Users by e-mail.
The provisions of paragraph 2 above shall not apply to changes to the Regulations consisting in:

change of the Seller's identification and contact details;
changing the name of the Store and changing its Internet address.

The provisions of the then binding Regulations shall apply to Sales Agreements concluded before the effective date of the new Regulations. A User who does not agree to the amendment of the Regulations may terminate the Agreement for the provision of the Account Service by deleting the Account with immediate effect until the amendments to the Regulations enter into force. Failure to terminate the notice shall be deemed consent to the Seller providing electronic services in accordance with the amended provisions of the Regulations.

§ 16.Final Provisions

The current version of the Regulations is valid from 04/08/2022.