REGULATIONS WWW.AERIALCOSTUMES.PL

REGULATIONS OF THE ONLINE STORE

1. GENERAL PROVISIONS

1. The AerialCostumes online store, operating at: www.aerialcostumes.pl, is run by Anna Kałamacka, based at: Regulice ul. Leszczynowa 8 32-566 Alwernia, operating under the NIP number: 628-222-86-96, REGON : 121478890

2. These Regulations of the Online Store define the rules for making purchases in the AerialCostumes online store, in particular the rules and procedure for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawing from the contract by the Consumer.

3. In the scope of Services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Act on the provision of electronic services of July 18, 2002 (consolidated text: Journal of Laws of 2020, item 344, as amended).

4. The Regulations are addressed to all Customers of the Store. All Customers are obliged to read the provisions of the Regulations before making a purchase.

5. Each Customer is obliged to comply with the provisions of the Regulations. Sales are based on the version of the Regulations applicable at the time of placing the order.

6. Each Customer has the opportunity to read the Regulations at any time by clicking on the hyperlink "Store Regulations" on the Store's website www.aerialcostumes.pl. The regulations can be downloaded and printed at any time.

7. All information contained on the Store's website www.aerialcostumes.pl relating to products (including prices) does not constitute an offer within the meaning of Art. 66 of the Civil Code of April 23, 1964 (consolidated text: Journal of Laws of 2019, item 1145, as amended), but an invitation to conclude a contract, pursuant to Art. 71 of the Civil Code of April 23, 1964 (consolidated text: Journal of Laws of 2019, item 1145, as amended). By sending the Order Form, the Customer submits an offer to purchase the indicated Goods at the price and on the terms specified in the description.

2. DEFINITIONS

Statute – this set of regulations organizing the rules for using the Store Services by Customers.

Consumer – a natural person concluding a civil law contract via the Store, not directly related to his or her business or professional activity.

Client – a natural person (including the Consumer) who is at least 13 years old (provided that he or she has obtained the consent of the statutory representative), a legal person and an organizational unit that is not a legal person, which is granted legal capacity by special provisions, and which uses the Services provided by the Store.

The order form – Service available on the Store's website, through which the Customer can make a purchase, in particular by adding Goods to the Cart and specifying certain terms of the Sales Agreement, including: delivery and payment method.

Basket – an element of the Store in which the Goods selected by the Customer are visible and in which the Customer has the opportunity to determine and modify the Order data, including the number of Products purchased.

Store – website belonging to the Seller, available under the domain: www.aerialcostumes.pl, through which the Customer can purchase Goods from the Seller.

Seller – Anna Kałamacka with its registered office at: Regulice ul. Leszczynowa 8 32-566 Alwernia, NIP: 628-222-86-96, REGON: 121478890 who, running a commercial or professional activity, proposes sales via its website.

Commodity – movable item traded between the Store and the Customer, the terms of which are specified in the Order Form.

Sales agreement – distance sales contract for Goods concluded by the Customer via the Store, usually via the Order Form.

3. ACCEPTANCE AND PROCESSING OF ORDERS

1. The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.

2. Orders from Customers are accepted using the Order Form sent via the website: www.aerialcostumes.pl or by e-mail to aerialcostumes.pl@gmail.com, 7 days a week, 24 hours a day.

3. The Goods are ordered by selecting the Goods the Customer is interested in, clicking the "ADD TO CART" button located next to the description of the Goods, and then, from the "CART" level located in the Store tab, completing the Order Form, including selecting the form of delivery and payment or selecting the payment on delivery option, if available for the selected Goods, and then clicking to confirm the purchase.

4. After placing the order, the Customer receives confirmation of the order placed by e-mail to the address provided in the Order Form.

5. After the Customer receives confirmation of acceptance of the offer, the order fulfillment process by the Seller begins, with:

a. in the case of placing an order payable on delivery - it starts no later than the next business day after its confirmation by the Seller.

b. in the case of placing an order paid by traditional transfer - it begins after the payment for the placed order is credited to the Store's bank account.

6. Orders placed in the Store are processed during the Store's working hours (on working days, Monday to Friday, from 10 a.m. to 4 p.m. Orders placed on working days after 4 p.m., on Saturdays, Sundays or holidays will be processed the next working day.

7. The Customer will receive a message that the order has been accepted for processing, which is understood as the Seller's declaration of acceptance of the offer. Upon receipt by the Customer, a Sales Agreement is concluded.

8. A VAT receipt is issued for each order. At the customer's request, an invoice will also be sent.

9. The available means of communication between the Customer and the Store are:

a. E-mail – aerialcostumes.pl@gmail.com

b. Telephone – 793556997

c. aerialcostumes.pl@gmail.com

10. The price given in the order is the total value that the Customer is obliged to pay (gross price). It includes the applicable tax. The delivery cost is not included in the price because it depends on the method of delivery of the purchase chosen by the Customer.

11. The Seller reserves the right to change prices in the Store, introduce new Goods for sale, conduct and cancel promotional campaigns, or make changes to them, in accordance with applicable law.

12. If the Consumer is obliged to make a payment exceeding the agreed price described in the previous paragraph, the Store will immediately inform the Customer about this fact, explaining the reason for the price difference. Additional costs will be charged to the Customer only after obtaining the Customer's express consent.

4. DELIVERY AND TRANSPORT COSTS

1. The order is shipped in the Store via:

parcel locker

2. Orders placed in the Store are processed only on business days. Orders placed on Saturdays, Sundays and holidays will be processed on the next business day.

3. The waiting time for shipment is usually: from 1 to 4 days for goods available in the online store, from 4 to 12 weeks for goods ordered individually at the customer's request. The waiting time includes the order processing time, i.e. collecting the Goods for the order and the expected delivery time, which is 24 hours in the case of Poland.

4. The Seller is not responsible for delays resulting from the carrier's fault.

5. PAYMENT PROCESSING

1. As part of the operation of the Store, the following payment methods are possible:

1. cash on delivery – upon receipt of the shipment;

2. by transfer, to a bank account –

Anna Kałamacka ARENA
78 1870 1045 2078 1078 9966 0001

2. The customer who chose the transfer payment option is obliged to pay the fee for the placed order within 5 business days from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is deleted from the system. In the payment title, you only need to provide the order number. It is possible to extend the payment deadline by informing the Store staff in advance.

6. COMPLAINTS

1. The Seller is liable under the warranty for physical and legal defects of the Goods, to the extent specified in Art. 556 et seq. of the Civil Code of April 23, 1964 (consolidated text: Journal of Laws of 2019, item 1145, as amended).

2. A physical defect of the Goods consists in the non-compliance of the sold Goods with the contract, which occurs when:

• The goods do not have the properties that they should have due to the purpose of the contract, resulting from the circumstances or destination;
• The Goods do not have the properties that the Seller assured the Customer about;
• The Goods are not suitable for the purpose about which the Customer informed the Seller when concluding the contract, and the Seller did not raise any objections to such purpose;
• The goods were delivered to the customer in an incomplete condition.

3. A legal defect of the Goods occurs when the Goods are the property of a third party or are encumbered with the rights of a third party, when the restriction in use or disposal results from a decision or judgment of a competent authority.

4. In the case of a Consumer, public assurances of the manufacturer or an entity that places the Goods on the market within the scope of its business activity or that presents itself as a manufacturer are treated equally with the Seller's assurance. However, the Seller is not liable if he did not know or could not have known these assurances, or if these assurances could not influence the Consumer's decision to conclude a sales contract, or if the content of these assurances was corrected before concluding the sales contract.

5. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Customer.

6. In the case of a Consumer, if a physical defect is discovered within one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time of delivery of the Goods.

7. If the buyer is a consumer and a physical defect is discovered within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the danger passed to the buyer.

8. If the Goods have a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Goods with a defect-free one or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with a defect-free one or to remove the defect.

9. If the Goods have a defect, the Customer may also request that the item be replaced with a defect-free one or that the defect be removed.

10. The Consumer may, instead of removing the defect proposed by the Seller, request the replacement of the Goods with a defect-free one or instead of replacing the Goods, request the removal of the defect, unless bringing the Goods into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller.

11. The customer cannot withdraw from the contract if the defect is insignificant.

12. Complaints regarding the Goods may be submitted:

a. in writing, to the address of the Seller's registered office;

b. by e-mail, to the e-mail address indicated in the confirmation of placing the Order.

13. The complaint should include:

a. details of the person submitting the complaint (name and surname, correspondence address, optionally - e-mail address and contact telephone number);

b. indication of the reason for the complaint and the content of the request;

c. Order number, appearing in the confirmation of acceptance of the Order;

d. the original or copy of proof of purchase (e.g. receipt or invoice) may facilitate filing a complaint, but is not necessary to submit it.

14. The Customer, exercising the rights arising from the warranty, will deliver the defective Goods, at the Seller's expense, to the following address: Regulice ul. Leszczynowa 8 32-566 Alwernia.

15. The Seller undertakes to respond to the complaint within 14 days from the date of its receipt.

16. If the complaint is justified, the Seller undertakes to replace the defective Goods with a defect-free one or remove the defect within 14 days from the date of reporting the complaint by the Customer.

17. In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within 14 days from the date of receipt of the withdrawal from the contract, provided that the payment will not be refunded until the Goods are returned or the Consumer provides proof of sending them back.

18. If the buyer who is a consumer has requested the replacement of the item or removal of the defect or has submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen days, it is deemed that the request has been accepted as justified.

19. The claim for removal of a defect or replacement of the Goods with a defect-free one expires after one year from the date of detection of the defect. In the case of a Consumer, the limitation period may not end before the expiry of two years.

7. RIGHT OF WITHDRAWAL

1. Pursuant to the Act on Consumer Rights of May 30, 2014 (consolidated text: Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the sales contract for Goods purchased in the Store without giving a reason, by submitting an appropriate declaration in writing, within 14 days from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). For the Consumer to meet this deadline, it is enough to send a statement before its expiry.

2. The consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The declaration template constitutes Annex 1 to these regulations.

3. The declaration of withdrawal from the contract should be sent to the following address: Regulice ul. Leszczynowa 8 32-566 Alwernia.

4. The Consumer will return the Goods to the Seller within 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the Goods before its expiry.

5. The Goods should be returned to the Seller's address: Regulice ul. Leszczynowa 8 32-566 Alwernia.

6. The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the contract, will refund to the Consumer all payments made by him, including the cost of delivering the Goods, but the payment will not be refunded until the Goods are returned or the Consumer provides proof of sending him away.

7. The Seller will refund the payment using the same payment method used by the Consumer.

8. The consumer bears the costs of returning the Goods to the Seller.

9. The Consumer is not entitled to withdraw from the Sales Agreement in relation to the contract:

• in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs;
• in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
• in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
• in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
• in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
• for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
• in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract;
• for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the Consumer's express consent before the deadline for withdrawal from the contract and after the entrepreneur informed him about the loss of the right to withdraw from the contract;

10. The right to withdraw from a distance contract does not apply to any entity other than the Consumer.

11. The consumer cannot withdraw from the contract if the product was made at the consumer's request and was intended to serve his or her personalized purposes. Applies to individual, tailor-made designs and additional decorations on costumes.

8 OUT-OF-COURT DISPUTE RESOLUTION

If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others: With:

• Mediation conducted by the appropriate Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
• Assistance from the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
• Free assistance from the city or district consumer ombudsman.
• Online ODR platform available at: http://ec.europa.eu/consumers/odr/.

9. PERSONAL DATA PROTECTION

1. By placing an order, the Customer consents to the processing of personal data provided by him in order to complete and service the order by the Seller, who is also the administrator of personal data, within the meaning of Art. 7 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 ), OJ L 119, 4/05/2016, p. 1–88.

2. The administrator of personal data provided by the Customer when using the Store is the Seller.

3. Personal data contained in the Seller's database are not transferred to entities that do not participate in the implementation of the Sales Agreement.

4. The customer, in accordance with Art. 15 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 ), OJ L 119, 4/05/2016, p. 1–88, has the right to access his/her personal data and may request their correction or deletion. The Seller provides each Customer with the right to control the processed personal data.

5. Providing personal data is voluntary, however, lack of consent to the processing of personal data makes it impossible to complete the Customer's order.

6. Detailed information regarding personal data and privacy protection is included in the "Privacy Policy" tab on the Store's website.

10. FINAL PROVISIONS

1. The Regulations define the rules for concluding and executing the Sales Agreement for Goods available on the Store's website.

2. The sales contract is concluded between the Customer and the Seller.

3. The Regulations are available to all Customers in an electronic version on the Store's website www.aerialcostumes.pl.

4. In order to use the Store's Services, it is necessary to have devices allowing access to the Internet and a web browser enabling the display of websites, as well as providing an e-mail address enabling sending information regarding the execution of the order.

5. All persons, including Customers, are prohibited from posting illegal content on the Store's website.

6. In matters not regulated by these Regulations, the relevant provisions of generally applicable law shall apply.

7. The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he is entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory legal provisions granting rights to consumers, these provisions shall prevail.

8. In the event that any of the provisions of these Regulations are or are intended to become invalid or ineffective, the validity of the entire remaining part of the Regulations shall remain unaffected. In such a case, the Parties will replace the invalid or ineffective provision with another one that reflects the intended economic purpose as closely as possible. This also applies accordingly to any gaps in the Regulations.

Annex 1: Form for withdrawal by the consumer from the concluded contract

City: ___________, date: __________

Consumer:

First name and last name: ________________

Address: ________________

Email: ________________

Tel: ________________

Entrepreneur:

Name: AerialCostumes

Address: Regulice ul.Leszczynowa 8 32-566 Alwernia

CONSUMER WITHDRAWAL FORM
FROM THE SERVICES AGREEMENT

Hereby, acting pursuant to Art. 27 of the Act on Consumer Rights of May 30, 2014 (consolidated text: Journal of Laws of 2020, item 287, as amended), as follows:

Article 27 of the Consumer Rights Act

A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving a reason and without incurring costs, except for the costs specified in Art. 33, art. 34 section 2 and art. 35.

I inform you about my withdrawal from the contract concluded on _______________, consisting in:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

In connection with the above, I kindly ask you to return the following amount of money resulting from the withdrawal from the contract: PLN ______ (in words: _________________________________), which should be transferred to the following bank account number: _________________________.

Yours faithfully,

__________________

(consumer's handwritten signature)