Terms of service

REGULATIONS OF THE ONLINE STORE OPERATING AT NEOCOUTURE.COM
The online store available at NeoCouture.com makes every effort to ensure that customers feel comfortable and satisfied with their purchases. The store operates based on applicable legal regulations and with respect for good manners in business transactions.

We make every effort to meet all your expectations, and the Store meets the highest standards of service, safety and quality of the Products offered.

These regulations are regulations regarding the provision of services by electronic means and regulate the principles of concluding contracts in the Store and as such are also subject to other acts regulating these matters.
§ 1 Introductory provisions
1. The NeoCouture online store, available at the Internet address https://www.neocouture.com/ is run by, C77 Sp. z o.o., with its registered office in Bielsko-Biała ul. Grażyńskiego 66, postal code 43-300 Bielsko-Biała, Poland, entered into the National Court Register maintained by the District Court in Bielsko-Biała - 8th Commercial Division of the National Court Register, under number: 0000808676, NIP: 5472215176, REGON: 384619615, - which is the Owner and Administrator of the personal data of Customers who are natural persons.
2. These Regulations are addressed to Customers, in particular Consumers, and specify the principles and procedure for concluding Distance Sale Agreements via the Store.
3. The Seller is an entrepreneur within the meaning of the provisions of the Act of 6 March 2018 - Entrepreneurs' Law. Therefore, the provisions on consumer protection will apply to the sale of Products to the Buyer who is a natural person performing a legal act not directly related to their business or professional activity.
4. Both these regulations and all content posted on the aforementioned website, in particular logos, designs, including Product designs or the name of the Store are subject to copyright and are protected by this law. Copying and using any content made available on the aforementioned website without the Owner's consent is prohibited.

5. The subject of the Store's activity is the retail sale of clothing and accessories via the Internet.

6. The Customer may place orders in the Store 24 hours a day, 7 days a week via the website within which the Store is run. Orders are fulfilled within the territory of the European Union.

7. The Seller shall not be liable to the fullest extent permitted by law for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.

8. All Products offered in the Store are brand new and free from defects.
9. When using the Store, the Customer is obliged to act in accordance with its intended purpose, in particular in a manner that does not violate the provisions of the law and the rights of third parties.

10. Information about the Products does not constitute an offer within the meaning of the provisions of the Civil Code - it is an invitation to conclude a sales contract.

§ 2 Definitions
1. Seller - the company C77 Sp. z o.o., with its registered office in Bielsko-Biała, postal code 43-300 Bielsko-Biała, entered into the National Court Register maintained by the District Court in Bielsko-Biała - 8th Commercial Division of the National Court Register.

2. Customer - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, to which the Act grants legal capacity, which concludes a distance contract with the Seller; 3. Store – Online Store run by the Seller at the Internet address https://www.neocouture.com/
4. Distance contract – a contract concluded with the Customer as part of an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract inclusive.

5. Regulations – these Store regulations.

6. Consumer – a natural person concluding a contract for a purpose that can be considered not directly related to their business or professional activity;

7. Order – a declaration of will of the Customer submitted using the Order Form and aimed directly at concluding a Product Sales Agreement or Products with the Seller.

8. Account – the customer's account in the Store, in which the personal data provided by the Customer and information about the Orders placed by them in the Store are collected.

9. Registration form – a form available in the Store, enabling the creation of an Account.

10. Order Form – an interactive form available in the Store, enabling the placing of an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment. 11. Basket – an element of the Store software, inwhere the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of Products.

12. Product – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

13. Sales Agreement – ​​a sales agreement for the Product concluded or entered into between the Customer and the Seller via the Online Store. The Sales Agreement also means – in relation to the features of the Product – a service agreement and a contract for specific work.

14. Business Days – all days from Monday to Friday inclusive, with the exception of public holidays in Poland.

§ 3 Contact with the Store
1. Seller's address: ul. Grażyńskiego 66 43-300 Bielsko-Biała, Poland,
2. Shipping and returns warehouse address: Grażyńskiego 66 43-300 Bielsko-Biała, Poland,
3. Seller's e-mail address: shop@natashapavluchenko.com
4. Seller's telephone number: + 48 535083747
5. The Customer may communicate with the Seller using the addresses provided in this paragraph.
§ 4 Rules for placing an Order and shipping the Product
1. Viewing the Store's assortment does not require creating an Account. Placing Orders by the Customer for Products in the Store's assortment is possible by providing the necessary personal and address data enabling the execution of the Order. 2. Products available in the online store are placed based on the following criteria:
- price ascending,
- price descending,
- collection,
3. To place an order, add the Product to the Cart and click the button "I order with an obligation to pay" or similar, and then fill out the form with the correct data.
4. The order is completed when the Customer correctly fills in the data, including shipping data (contact details, address, telephone number, e-mail address) or logs in to the order form.
5. When filling out the Order Form, accuracy and diligence are recommended. An incorrectly completed form containing incorrect, incomplete data may result in the inability to properly perform the contract through no fault of the Seller.
6. After placing the Order, the Customer receives a confirmation of acceptance of the order from the Store to the e-mail address.
7. The moment of conclusion of the contract is considered to be the confirmation of acceptance of the Order sent to the Customer's e-mail address.
8. The commencement of the Order's execution begins the moment the funds are credited to the Seller's bank account for a given Product purchased by the Customer.

9. Shipping within Poland and shipping abroad involves additional costs for the Customer. This cost depends on the given country and has been specified in the Order Form. The shipping cost in the Order Form is given each time in relation to a given type of Product and may vary due to the ordered Product, the number of Products or the country of shipment.

10. The Product is delivered by courier. The delivery time is usually around 14 business days from the moment of sending the Product and may depend on the courier's operation. Information on the planned delivery time is available in the Order Form.

11. When receiving the Product, it is recommended that the Customer examines it to detect any defects and draws up an appropriate damage report in the presence of a representative of the entity carrying out the delivery.

12. Upon receipt of the Product, the risk of damage or accidental loss of the Product is transferred to the Consumer. The risk is transferred to the Customer who is not a Consumer at the time the Product is transferred to the delivery entity.

13. Order processing time: all Orders are sent within 14 business days.

14. The Seller reserves the right to process orders faster, i.e. within 2-3 days after the funds are posted.

15. If the Customer chooses the traditional bank transfer payment method, the Customer is obliged to make the transfer within 2 business days from the date of placing the Order. If the Seller does not record the payment within 2 business days from the date of placing the order by the Customer, the Seller has the right to cancel the order due to the Customer's fault due to lack of payment. Failure to pay within the above period is considered an implied withdrawal from the Agreement by the Customer. The Customer will be informed of the cancellation of the order by e-mail to the address provided by the Customer in the order form. In the event that the lack of payment resulted from a situation not attributable to the Customer, in particular from a break in access to online banking, the Customer should inform the Seller of this fact by sending a message to their email address or by replying to a message received from the Seller regarding the cancellation of the order. Such situations will be resolved individually.

16. The Customer undertakes not to place false and dishonest orders, such orders for the purposes of these regulations are considered to be those that in particular: contain false data, were placed without the intention of fulfilling the contract or paid for withusing a stolen payment card or by hacking into a third party's online bank account.

17. If a situation is detected or there is a suspicion that the situation from the previous point may occur, the Seller will take appropriate steps to clarify the situation.

18. In the event of failure to collect the Product in due time, i.e. before it is sent back to the Seller, the Seller has the right to charge the Customer for costs within the limits of the damage incurred in connection with the Customer's failure to collect the Product and its return, in particular shipping costs.

19. The Seller has the right to cancel the order if it is not collected by the Customer in due time.

20. If the Customer is a natural person concluding an agreement directly related to their business activity, the Seller shall verify whether the concluded sales agreement is of a professional nature, consisting in checking the subject of the business activity performed (PKD codes), made available on the basis of the provisions on the Central Register and Information on Business Activity.
§ 5 Price and offered delivery and payment methods
1. Prices given in the Store are given in Polish zlotys and are gross prices (include VAT).
2. In each case of a reduction in the price of goods, the Seller provides the Customer with the possibility of comparing it with the price applicable before the reduction by placing next to the price the current information about the lowest price, which was applicable for the period of 30 days preceding the price reduction. If a given product is offered in the store for less than 30 days before the moment of price reduction, the information referred to in the previous sentence covers the entire period of offering a given product in the Store.
3. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery, about which the Customer is informed on the Store's pages when placing the Order, including at the time of expressing the will to be bound by the Sales Agreement.
4. In the event that the Customer is informed about the price by e-mail, the contract will be binding upon acceptance of the price by the Customer - acceptance of the price should be expressed in a return e-mail to the Seller
5. The Customer may use the following delivery options:
Courier delivery (via a logistics operator, InPost and UPS - approximate delivery time up to 14 business days in Poland, from the moment of handing over the Product to the courier, i.e. from the date of shipment. In the case of international deliveries (to other European Union countries and the world), the delivery time is from 2 to 14 business days, depending on the country of delivery.
6. Payment operator:
- Przelewy24, operated by PayPro with its registered office in Poznań, ul. Kanclerska 15, 60-327 Poznań, KRS: 0000347935.

- PayPal (Europe) S.a r.l et Cie, S.C.A. 22-24 Boulvard Royal L-2449 Luxembourg.
§ 6 Right of withdrawal agreements
1. A consumer and a natural person concluding an agreement directly related to their business activity, when the content of the agreement indicates that it is not of a professional nature for them, may withdraw from the Sales Agreement within 14 days
2. The period specified in paragraph 1 begins on the date of delivery of the Product to the Customer specified in paragraph 1 above or a person indicated by them other than the carrier.
3. The Customer specified in paragraph 1 above may withdraw from the Agreement by submitting a declaration of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawal from the Agreement, it is sufficient for this Customer to send a declaration before the expiry of this period - the declaration will be sent to the customer's mailbox by the business day after reporting the problem by e-mail/telephone.
4. The declaration may be sent by traditional mail or electronically by sending the declaration to the Seller's e-mail address or by submitting a declaration on the Seller's website - the Seller's contact details are specified in § 3. The declaration may also be submitted on a form, the template of which constitutes Annex No. 2 to these Regulations and an annex to the Act of May 30, 2014 on consumer rights, however, this is not mandatory.

5. The Seller will refund the payment using the same payment methods that were used by the Customer indicated in paragraph 1 above in the original transaction, unless the Customer has expressly agreed to another solution that will not involve any costs for him. In the event of the need to refund funds for a transaction made by the Customer with a payment card, the Seller will refund to the bank account assigned to the Ordering Party's payment card.

6. The payment will be refunded within 14 days from the date of receipt of the Customer's declaration of withdrawal from the contract. The Seller may withhold the refund until the Product is received back or until proof of its return is provided to him, depending on which event occurs first.

7. If the consumer or a natural person concluding a contract directly related to its activity8. A consumer or a natural person concluding an agreement directly related to their business activity, when it results from the content of the agreement that it is not of a professional nature for them, exercising the right to withdraw from the agreement and the Seller has not offered to collect the goods themselves, the Seller may withhold the refund of payments received from the consumer until the consumer receives or provides proof of its return, depending on which is sooner. 8. A consumer or a natural person concluding an agreement directly related to their business activity, when it results from the content of the agreement that it is not of a professional nature for them, exercising the right to withdraw from the agreement should return the Product to the Seller's address provided in these Regulations Terms of Service immediately, no later than 14 days from the day on which they informed the Seller of their withdrawal from the Agreement. The deadline will be met if the Customer returns the Product before the expiry of the 14-day period. 9. If the contract was concluded outside the company's premises and the goods were delivered to a consumer or a natural person concluding a contract directly related to their business activity, when it results from the content of the contract that it is not of a professional nature for them to the place where they resided at the time of conclusion of the contract, the Seller is obliged to collect the goods at their own expense, when due to the nature of the goods it cannot be returned in the usual way by post.

10. When exercising the right to withdraw from the contract, the Customer returns the Product to the Seller at their own expense and risk. If the Customer has chosen a delivery method other than the cheapest available from the Seller, the Seller is not obliged to return the difference in shipping costs to the Customer.

11. The consumer and the natural person concluding a contract directly related to their business activity, when it results from the content of the contract that it is not of a professional nature for them, is only liable for the reduction in the value of the Product resulting from using it in a way other than necessary to determine the nature, characteristics and functioning of the Product. 12. The Goods should be sent to the return address, i.e. Grażyńskiego 66, 43-300 Bielsko-Biała, Poland.
§ 7 Complaint - liability under warranty
1. The Sales Agreement covers new Products.
2. The Seller is liable to the Customer when the Product has physical or legal defects.
3. The product is in accordance with the contract if:
a. in particular its description, type, quantity, quality, completeness and functionality, suitability for a specific purpose for which it is needed by the consumer or a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for them, if the Seller was notified of this specific purpose at the time of conclusion of the contract and which the Seller accepted
b. the product is suitable for the purposes for which a Product of this type is usually used, taking into account applicable legal regulations, technical standards or good practices,
c. the product is present in such quantity and have such features, including durability and safety, as are typical for products of this type and which the consumer may reasonably expect, taking into account the nature of the product and the public assurance given by the entrepreneur, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, are in accordance with the contract, unless the entrepreneur proves that:
- he was not aware of the given public assurance and, judging reasonably, could not have known about it,
- before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made, or in a comparable manner,
- the public assurance did not affect the consumer's decision to conclude the contract;
d. the product was delivered with packaging, accessories and instructions that the consumer may reasonably expect to be delivered,
The Seller shall not be liable for the lack of conformity of the product with the contract to the extent referred to in § 7 point 3 letters a-e of the Store Regulations, if the Customer, at the latest at the time of conclusion of the contract, was clearly informed that a specific feature of the product deviates from the requirements of conformity with the contract specified in § 7 point 3 letters a-e of the Regulations and clearly and separately accepted the lack of a specific feature of the product.
4. In particular, a slight difference in the color or shade of the Product delivered and presented on the Seller's website is not considered a defect. Differences may result from different parameters of the equipment on which the Products are viewed, including different color intensity settings of computer monitors.
5. The Seller is liable if the defect is discovered before the expiry of 2 years from the date of delivery of the Product to the Consumer or a natural person concluding an agreement directly related to their business activity, when the content of the agreement indicates that it is not of a professional nature for them. 6. In relation to Customers who are not Consumers and natural persons concluding an agreement directly related to their business activity, when the content of the agreement indicates that8. A consumer or a natural person concluding an agreement directly related to their business activity, when it results from the content of the agreement that it is not of a professional nature for them, exercising the right to withdraw from the agreement and the Seller has not offered to collect the goods themselves, the Seller may withhold the refund of payments received from the consumer until the consumer receives or provides proof of its return, depending on which is sooner. 8. A consumer or a natural person concluding an agreement directly related to their business activity, when it results from the content of the agreement that it is not of a professional nature for them, exercising the right to withdraw from the agreement should return the Product to the Seller's address provided in these Regulations Terms of Service immediately, no later than 14 days from the day on which they informed the Seller of their withdrawal from the Agreement. The deadline will be met if the Customer returns the Product before the expiry of the 14-day period. 9. If the contract was concluded outside the company's premises and the goods were delivered to a consumer or a natural person concluding a contract directly related to their business activity, when it results from the content of the contract that it is not of a professional nature for them to the place where they resided at the time of conclusion of the contract, the Seller is obliged to collect the goods at their own expense, when due to the nature of the goods it cannot be returned in the usual way by post.

10. When exercising the right to withdraw from the contract, the Customer returns the Product to the Seller at their own expense and risk. If the Customer has chosen a delivery method other than the cheapest available from the Seller, the Seller is not obliged to return the difference in shipping costs to the Customer.

11. The consumer and the natural person concluding a contract directly related to their business activity, when it results from the content of the contract that it is not of a professional nature for them, is only liable for the reduction in the value of the Product resulting from using it in a way other than necessary to determine the nature, characteristics and functioning of the Product. 12. The Goods should be sent to the return address, i.e. Grażyńskiego 66, 43-300 Bielsko-Biała, Poland.
§ 7 Complaint - liability under warranty
1. The Sales Agreement covers new Products.
2. The Seller is liable to the Customer when the Product has physical or legal defects.
3. The product is in accordance with the contract if:
a. in particular its description, type, quantity, quality, completeness and functionality, suitability for a specific purpose for which it is needed by the consumer or a natural person concluding a contract directly related to their business activity, when the content of the contract indicates that it is not of a professional nature for them, if the Seller was notified of this specific purpose at the time of conclusion of the contract and which the Seller accepted
b. the product is suitable for the purposes for which a Product of this type is usually used, taking into account applicable legal regulations, technical standards or good practices,
c. the product is present in such quantity and have such features, including durability and safety, as are typical for products of this type and which the consumer may reasonably expect, taking into account the nature of the product and the public assurance given by the entrepreneur, his legal predecessors or persons acting on their behalf, in particular in advertising or on the label, are in accordance with the contract, unless the entrepreneur proves that:
- he was not aware of the given public assurance and, judging reasonably, could not have known about it,
- before concluding the contract, the public assurance was corrected in accordance with the conditions and form in which the public assurance was made, or in a comparable manner,
- the public assurance did not affect the consumer's decision to conclude the contract;
d. the product was delivered with packaging, accessories and instructions that the consumer may reasonably expect to be delivered,
The Seller shall not be liable for the lack of conformity of the product with the contract to the extent referred to in § 7 point 3 letters a-e of the Store Regulations, if the Customer, at the latest at the time of conclusion of the contract, was clearly informed that a specific feature of the product deviates from the requirements of conformity with the contract specified in § 7 point 3 letters a-e of the Regulations and clearly and separately accepted the lack of a specific feature of the product.
4. In particular, a slight difference in the color or shade of the Product delivered and presented on the Seller's website is not considered a defect. Differences may result from different parameters of the equipment on which the Products are viewed, including different color intensity settings of computer monitors.
5. The Seller is liable if the defect is discovered before the expiry of 2 years from the date of delivery of the Product to the Consumer or a natural person concluding an agreement directly related to their business activity, when the content of the agreement indicates that it is not of a professional nature for them. 6. In relation to Customers who are not Consumers and natural persons concluding an agreement directly related to their business activity, when the content of the agreement indicates thatpayment The Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store, i.e. Przelewy24., PayPal, as well as the logistics operator InPost, UPS, in order to complete the shipment.

6. The Customer has the right to access the content of their data and to correct, delete, limit their processing, the right to transfer data, the right to object and file a complaint to the President of the Office for Personal Data Protection.

7. Providing personal data is voluntary, although failure to provide the personal data indicated in the Regulations necessary to conclude the Sales Agreement results in the inability to conclude this agreement.

§ 9 Agreement for the provision of electronic services
1. The Seller provides electronic services through the Store consisting in enabling the placement of an Order via the Order Form.

2. The provision of the electronic service is free of charge.

3. The agreement for the provision of electronic services is concluded for a fixed period and is terminated upon placing an Order or resignation from its implementation.
4. Technical requirements necessary for cooperation with the teleinformatic system: computer with Internet access, access to e-mail, Internet browser: Internet Explorer version 7.0 or later with JavaScript and cookies enabled, Mozilla Firefox version 4.0 or later with JavaScript and cookies enabled or Google Chrome version 8 or later.

5. It is forbidden to use electronic services in a way that unlawfully disrupts the functioning of the Store by using specific software or devices and placing false orders within the meaning of these Regulations.

6. The Customer may submit complaints related to the provision of electronic services via the Online Store by sending an e-mail or in writing to the Seller's address.

7. The Seller will consider the complaint immediately, no later than within 30 days from the date of receipt of the complaint.

8. The Seller will respond to the complaint to the e-mail address provided by the service recipient or in another manner agreed by the parties, if possible, will propose a way to solve the problem.

§ 10 Final provisions
1. Agreements concluded through the Store are concluded in Polish or English. (depending on the buyer's location)
2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data and related rights and the provisions of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), and the Consumer is also entitled to the rights and claims against the Seller provided for by the law of the Consumer's country of origin.
4. A consumer from outside Poland benefits from the protection provided by the regulations of his country of origin and is protected by these regulations regardless of the choice of applicable law.

5. The customer has the right to use out-of-court methods of handling complaints and pursuing claims. For this purpose, he can file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/