Terms of Service

ONLINE SHOP REGULATIONS

DEFINITIONS

1. Shop- an online shop, located on a website www.FindTheRedDot.com
2. Regulations-these regulations which set out the terms of use for this Shop, being an integral part of the agreement made between a Seller and a Buyer
3. Parties - Parties to the agreement, namely a Buyer and a Seller
4. Seller - an entity responsible for running the shop BRIGHTNESS Edward Ruszczyc, Al. Niepodległośc 227/233/18 NIP 526 243 54 57 [ tax identification number], REGON 140192790[ national business registry number]; registered in CEIDG
5. [ Central Registration and Information on Business] kept by the Minister of Economy.
6. Buyer-a consumer, who makes purchases via the Shop, having legal capacity to do so.
7. Consumer- a consumer within the meaning of the Act of 23rd April 1964- Civil Code ( Journal of Laws no. 16, item, 93 as amended).
8. Agreement- an agreement made between Parties, which an integral part is Regulations.
9. User- a person, who browses through the available items offers for sale.
10. Service- a sale provided by the Shop, Newsletter and Account
11. Newsletter- free service rendered by the Seller consisting in periodic or irregular
information transfer to a User related to shop’s functioning at the email address indicated by a User.
12. Account- a part of the Shop, which is available to a User after loggin in, where the User may add, modify and remove his personal details, other data and may also use particular functions of the Shop.
13. Wares-wares sold via the Shop, mainly women’s leather handbags.
14. Delivery prices-prices for delivery of wares, provided on the following website address.
15. Cookies policy- Shop’s policy relating to rules on use of cookie files, provided on the following website address.
16. Cookies- cookie files within the meaning of the Regulations.

PRELIMINARY CONDITIONS

Clause1
1. Regulations are made under Art. 8 sec. 1 point 1 of the Act on rendering electronic services ( Journal of Laws of 2002, no. 144, item. 1204 as amended)
2. Regulations particularly specifies the following:
a) types and scope of services rendered by electronic means
b) terms and conditions of services rendered by electronic means
c) terms and conditions of making and terminating agreement on rendering services by electronic means
d) complaint procedure

Clause 2
1. Buyer accepts the Regulations herein.
2. Online Shop’s object of activity is the sale of Wares. Wares with a detailed description and prices are presented on relevant subsites of the Shop.
3. The Agreement is made in Polish language.
4. The Agreement shall be governed and interpreted by the Polish law.

Clause 3
In order to avoid mistakes related to Service use, it is necessary to use a computer connected to the Internet or similar device, equipped with Windows, Linux or MAC OS and Internet Explorer, Google Chrome, Opera, Mozilla Firefox or Safari.

Clause 4
1. Shop’s regulations are consistent with applicable regulations of law regarding Consumers’ protection, including Civil Code and the Consumer Protection Act.
2. Provisions, which are not consistent with applicable regulations of law, are deemed invalid.

Clause 5
You can contact the Seller, by email: shop@findthereddot.com
Traditional paper correspondence will be sent the Seller’s registered office.

PROCEDURE FOR ORDERING GOODS

Clause 6
1. Buyer places an order by filling out an interactive form available on Shop’s site and sends to the Shop, whereas the choice of Wares being ordered is made by adding them to a virtual shopping basket. The form is filled out in accordance with particular guidelines visible during the ordering procedure.
2. Buyer indicates Wares, which he wants to buy. The Buyer provides the following data: first name, surname/name, residential address/ seat, delivery address, email address, phone number, method of payment, method of delivery. Additionally, the Buyer provides necessary details for an invoice or a receipt.
3. If the Buyer shops online using an Account, he does not want to provide details specified in point 2, second sentence.
4. The Buyer has the right to verify and correct details regarding his order ( button
“ back”)
5. Purchase procedure is completed by pressing the button confirming an order placement including a payment obligation - button “ checkout”
6. An order placed by the Buyer is automatically confirmed by the Seller’s system. Along with confirmation sent via e-mail message, the Seller sends Regulations to the Buyer.

Clause 7
1. The Buyer shall observe indications included in an automatic confirmation, particularly he shall click the link included in an email.
2. Regardless of information regarding Regulations, which is sent to the Buyer, the whole version of the Agreement is recorded electronically by the Seller in his IT system and its available to the Buyer upon his request.
3. In case of mistakes in data provided by the Buyer, mentioned in point 2, the Buyer may request that they be corrected , sending proper data.
Such option does not apply to ordered Wares, which have been already shipped to the Buyer.
4. If there is any doubt concerning reliability of data provided, the Seller has the right to verify them and he may refrain from processing an order until they are verified. The Seller shall immediately inform the Buyer of such a situation and upon Buyer’s request, he shall refund the Buyer’s original payment.

DELIVERY

Clause 8
1. If the Parties did not agree otherwise, delivery of ordered Wares shall be made within the shortest possible time, no longer than 30 days after the conclusion of the Agreement. Order delivery date is calculated as of the date of order confirmation sent by the Seller or – if payment is made in advance- as of the date the payment is posted to the Seller’s account.
2. Should the Seller fail to deliver Wares within the specified period of time indicated in the preceding point , the Buyer shall request that the Buyer deliver Wares within an additional period of time suitable to circumstances. If the Seller fails to deliver Wares within an additional period of time, the Buyer has the right to terminate the Agreement. Provision Art. 18 shall apply.
3. Point 1 above does not apply if the Seller refuses to deliver Wares or if a delivery date was agreed individually with the Buyer and is relevant due to circumstances connected with the conclusion of the Agreement or if the Buyer informs the Seller prior to the Agreement that delivery of Wares before a particular day or on a particular day has a significant meaning. In such cases, if the Seller fails to deliver Wares within the period of time agreed with the Buyer or within the period determined in point 1, the Buyer has the right to terminate the Agreement immediately.
4. Upon termination of the Agreement within the meaning of the said provisions, the Seller shall refund the whole payment hereunder without further delay.

Clause 9
1. Delivery of ordered Wares is usually carried out via courier. With respect to
orders with an estimated value exceeding………..PLN, the Buyer gets his order
delivered free.

2. It is recommended that the Buyer inspect the condition of a parcel at the time of delivery and in case of visible damage of an external packaging, he shall notify a courier and if possible, complete a damage report. If the Buyer chooses not to inspect the parcel at the time of delivery, he will not lose his right to make a complaint.

PRICE AND PAYMENTS

Clause 10
1. Prices of Wares are available on the Shop’s website
2. Prices of Wares, which are on the Shop’s website, are final prices, including any applicable fees and taxes, particularly an applicable VAT, however considering the point below.
3. Prices of Wares do not include delivery costs, which are presented to the Buyer during the ordering procedure. Notwithstanding the foregoing, the Buyer may familiarize himself with valid charges for delivery of Wares in Delivery Pricing.

Clause 11
1. The Buyer receives a parcel along with a receipt or an invoice.

Clause 12
1. Delivery Pricing determines the costs of particular delivery options. The Buyer chooses an option for himself.
2. Parties may agree to delivery of Wares using other option, not included in Delivery Pricing.
3. If delivery costs due to the nature of order or a size of ordered Wares do not allow to estimate the price before the order is completed, it will be determined under generally applicable rates of a particular carrier. In this case, the Seller may choose as a carrier other entity than the one indicated in clause 9 sec. 1.

Clause 13
1. The Buyer may choose one of the following payment methods:
a) cash on delivery- The Buyer pays for Wares and delivery at the post office or hands out cash to a delivery person.
b) wire transfer- the Bayer transfers money for Wares to the Seller’s account in the following bank……..
c) via PayPal

SERVICES OF NEWSLETTER AND ACCOUNT
Clause 14
1. Provisions Art. 15 and Art. 16 are specific ones and relate to the execution of Newsletter’s and Account’s Service.

Clause 15
1. Free Newsletter’s service is rendered by the Seller under terms and conditions specified in this clause.
2. By signing up to Seller’s Newsletter, the User gives his consent to receive Newsletter and at the same time he concludes a Newsletter subscriber agreement.
3. The Seller shall not disclose the list of email addresses provided to him to any third person.
4. The User has the right to cancel the Newsletter service subscription at any time. Subscription may be terminated by clicking on an “ Unsubscribe” which is at the bottom of every email and this indicates the termination of Newsletter service subscription.
5. User’s email account is immediately deleted from the base address register and it is indicated by a message confirming the operation.
6. The Seller reserves the right to:
a. send advertisements and commercial information via Newsletter within the meaning of the Act on Rendering Electronic Services (Journal of Laws no. 144, item. 1204 of 2002) to the User’s email address.
b. complete cessation of Newsletter service ; notice regarding the cessation shall be sent to its Users without giving a cause. The moment the User receives a notice indicates the termination of Newsletter service subscription.
7. Under Art. 38 point 1 of the Act on rights of consumers of 30th May 2014, the User is not entitled to withdraw from a Newsletter subscriber agreement.

Clause 16
1. Opening an Account is optional for Users, who want to make use of Services.
2. An Account is designed to facilitate the online purchases from the Shop.
3. A User who uses an Account gives his consent to the Seller to provide such service the moment he opens his Account.
4. An Account is opened after filling out an interactive entry form “ new account” .
5. Procedure for filling out an interactive entry form includes data provision indicated in Clause 6 point 2, second sentence. It is obligatory to provide a correct email address to which a password to an Account will be sent.
6. Each User voluntarily provides details of his Account. The User may update his personal data on his own initiative and to remove his Account as well.
7. After confirmation of the data entered by clicking on “ confirm” on the last page of an interactive form, a message with an activation link will be sent to User’s email address and terms and conditions of the Agreement, including the content of valid Regulations.
8. An Account is deemed opened when the User clicks an activation link mentioned in the preceding point. It is the moment when an Account service agreement is concluded.
9. Regardless of information sent to the User concerning the Agreement, the full content of it is electronically recorded by the Seller in his IT system and available to the User upon his request.
10. An Account is opened for free.

SELLER’S LIABILITY

Clause 17
1. The Seller obliges himself to provide flawless Wares.
2. The Seller is responsible towards the Buyer for physical and legal defects of Wares in the scope determined by the Civil Code of 23rd April 1964 ( Journal of Laws of 1964, no. 16, item. 93 as amended).

Clause 18
1. In case of faulty Wares, the Buyer may:
a) demand a rectification of the defect by the Seller
b) demand new Wares through replacement
c) demand a price reduction
d) withdraw from an Agreement

1. The Buyer cannot demand price reduction or he cannot withdraw from an Agreement if the Seller replaces faulty Wares with flawless ones or rectifies faults immediately and without an excessive inconvenience.
2. If the Buyer is a Consumer, he has the right to demand flawless Wares through replacement instead of their rectification proposed by the Seller or demand rectification of Wares instead of replacement, unless bringing Wares into conformity with the Agreement in a manner chosen by the Buyer is impossible or would require excessive costs in comparison to a manner proposed by the Seller
3. In case of repeated replacement or rectification, restriction concerning the possibility of withdrawing from the Agreement or request to reduce the price mentioned in point 2 does not apply.
4. In case of incidental fault, the Buyer cannot withdraw from the Agreement.
5. The Seller may refuse to satisfy the demand for Wares rectification or replacement to new ones if bringing a faulty item to conformity with the Agreement in a manner chosen by the Buyer is impossible or would require excessive costs in comparison with other, possible manner of bringing to conformity with the Agreement.
6. If the Buyer is an entrepreneur, the Seller may refuse to replace a faulty Ware with a flawless one or to rectify a fault also when the cost of satisfaction of such obligation exceeds the price of the sold Ware.

Clause 19
1. Complaints concerning Wares shall be sent in writing to the Seller’s address. A complaint must clearly indentify a person filing it out and state a reason for complaint.
2. The Seller shall inform the Buyer on the procedure for the consideration of a complaint within 14 days upon receipt of a written complaint ( what matters is a date the Seller has the letter postmarked) and also as an email.
3. The Seller shall not be responsible for faults of a sold Ware if a fault is discovered by the Buyer after two years from date of release. Buyer’s claims expire after a year starting from the date the fault was found. Claims’ period of prescription cannot end prior to the lapse of two years from the date of release.

Clause 20
Risk of loss or damage to Wares is transferred to the Buyer the moment he or a third party indicated by him, other than a carrier, takes physical possession of the Wares. However, the risk is transferred to the Buyer the moment the Wares are delivered to a carrier if the Buyer ordered this carrier to transport them and the Seller did not offer such a possibility.

Clause 21
In the event the Seller fails to perform the Agreement, the Seller is obliged to redress the damage resulting from the non-performance under terms and conditions provided for in the Civil Code of 23rd April 1964 ( Journal of Laws no. 16, item. 93 as amended)

Clause 22
The Seller offers one-year warranty for the Wares sold.

WITHDRAWAL FROM AN AGREEMENT

Clause 23
1. The Buyer may decide to return the Wares purchased from the Shop without giving a reason within 14 days from the date he collected the parcel (right to withdraw from an agreement)
2. In order to exercise the right to withdraw from an Agreement, the Buyer shall inform the Seller on withdrawal in the form of an unequivocal statement in writing or via email before expiry of the withdrawal period and then he shall return the Wares at his own expense without further delay, no later than 14 days of the date the Buyer informed the Seller of his withdrawal.
3. The Buyer may submit a statement of withdrawal on a form available on the Shop’s website http://www.
4. In the event of the effective withdrawal from an agreement, the Seller within the period of 14 days from the date he receives the Wares, shall refund the Buyer his payment, including delivery costs ( excluding additional costs of non-standard delivery method chosen by the Buyer and the cost of returning such Wares). Payment shall be refunded the same method the Buyer has chosen to pay for the Wares.
5. The Seller shall not bear the cost of returning the Wares if the Buyer chooses to exercise the right of withdrawal from the Agreement, which means that in this case the Buyer shall bear direct cost of returning the Wares.

PERSONAL DATA PROTECTION

Clause 24
1. The Seller is an administrator of personal data obtained from the Buyer during the procedure for ordering Goods.
2. The Buyer during the procedure for ordering Goods, voluntarily provides his personal data in the scope required by the Seller.
3. Personal data obtained by the Seller are gathered and processed for the purpose of execution of the Agreement made with the Buyer pursuant to the Data Protection Act.
4. The Buyer may, at any time, oblige the Seller by sending a relevant inquiry, including an email, to provide information on the status of processed personal data concerning his person.
5. The Buyer has the right to request that his personal data, which are processed by the Seller be removed, supplemented or changed .

Clause 25
1. The Shop uses cookie files.
2. Cookie files can be installed on the User’s device with his explicit consent.
3. Detailed rules on how the Shop uses cookie files are determined by Cookie Policy.

FINAL PROVISIONS

Clause 26
1. The Seller reserves the right to short-term maintenance breaks concerning an access to the Shop due to maintenance or data update on the server.
2. The Seller does not provide any additional services related to Wares except for services determined by Regulations.

Clause 27
In the event of a dispute arising out of or in connection with the execution of the Agreement, Parties shall endeavor to amicably settle any dispute.

Clause 28
1. Regulations shall be effective as of 01.01.2015
2. Regulations may be amended at any time. Information on amendments thereto are immediately posted on the Shop’s sites.
3. Amendments are effective as of the date they are posted on the Shop’s sites and are not retroactive.