TERMS & CONDITIONS

Welcome to www.CLSH-store.com online store run by CLSH Sylwia Dobkowska company with registered address: al. Jana Pawla II 36/173 00-141 Warsaw, Poland VATno/NIP PL8461617151, REGON: 361299924, entered into Central Register and Information on Economic Activity regulated by the Minister of Economic Development, Labor and Technology.

Contact details:

  • email: sayhello@clsh-store.com
  • post: CLSH Sylwia Dobkowska, al. Jana Pawła II 36/173, 00-141 Warsaw, Poland
Below Terms & Conditions apply to our Site that provides information about us, showcases our products, and allows you to use our services. These Terms also regulate our agreement with you when you are using our online store including Privacy Policy, Placing Order, Payment, Delivery, Returns, Exchange, and Cancellation Policy. 

DEFINITIONS

  1. Site/online store - e-commerce store operating under www.clsh-store.com domain.
  2. CLSH/ We/Us - Seller of the goods meaning CLSH Sylwia Dobkowska.
  3. Customer/You/Your - meaning customer acting as a consumer using Site: visiting, browsing, purchasing and using other services. 
  4. Service - distance selling of clothing and accessories through Site.
  5. Purchase agreement - an agreement made between Seller and Customer when customer purchases a product showcased on the Site. 
  6. Product - garments, accessories, and services showcased on the Site available for purchase. 
  7. Order form - form available in the store allowing the purchase of the product. 
  8. Newsletter - free email subscription service containing news and promotions about CLSH activities.
  9. Business day - refers to any day in which business operations are conducted - Monday through Friday from 9 a.m. to 5 p.m. local time GMT+2, Warsaw (Central European Time - CET). It excludes weekends and public holidays. 
GENERAL INFORMATION

CLSH is obligated to provide service for customers according to below Terms & Conditions. 

Customers using the service are obligated to follow these Terms & Conditions.

You accept and agree to abide by all policies specified here. 

If you do not agree to these Terms and Conditions, you will not be able to buy goods from the Site.

You are permitted to use our Site for personal and non-commercial purposes, and lawful purposes only. 

Unlawful uses include, but are not limited to:

  • any unlawful purpose; 
  • violating any international, federal, or state regulations or laws;
  • soliciting others to perform or participate in any unlawful acts; 
  • submitting false or misleading information;
  • infringing upon or violating our or our suppliers' intellectual property rights;
  • harassing, abusing, insulting, harming, defaming, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
  • using the site for any obscene or immoral purpose;
  • uploading or transmitting viruses or any other type of malicious code;
  • collecting or/and tracking the personal information of others; 
  • interfering with the security features of the Site or Service.

PRIVACY POLICY 

You consent to the collection and processing of your personal data in accordance with the General Data Protection Regulation of 27 April 2016 (Official Journal of the European Union L 119 dated 27 April 2016, further “the GDPR”) by CLSH for the purposes necessary to implement the provisions of these Terms & Conditions and the services provided on its basis. Read our full Privacy policy to know more. 

PRICES 

All prices on the Site are full retail prices and include taxes, VAT, etc. Costs relating to delivery may vary for each order depending on your location and service you choose. Delivery costs will be indicated separately in your shopping cart and at checkout page, as part of the total amount of payment. We reserve the right to make price changes for Products available on the Site, adding new Products as well as starting and cancelling promotions or making changes in ongoing promotions. 
 

ONLINE SAFETY 

By using the Site you acknowledge and accept the inherent risks, characteristics, and limitations of the internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third-party links, connections and transfers via the Internet.

We make no promises respecting of any harm that may be caused by the transmission any form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation.

Any content downloaded or otherwise obtained through the use of the Site is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.

GENERAL TERMS OF SERVICE

We are providing service on “information only” basis with the help of:

  1. True and most accurate description and information about the Product on the Site. The images of the Products on our Site are for illustrative purposes only and Product may vary slightly from those images. We have made every effort to display images as accurately as possible, but we cannot guarantee your device  display of colour will be accurate.
  2. Order form availability to conduct purchase agreement.
  3. Direct email communication about promotions and Products in a form of a Newsletter.
To use our services you need:

  1. A device with internet access
  2. Internet Browser allowing cookies 
  3. Own and have access to the email address
PURCHASE AGREEMENT

Our Site is available and is accepting order forms 24 hours a day, 7 days a week. You can purchase a product from the Site by following:

  • Browse the Site and add the Products you wish to purchase into the shopping bag;
  • Read and accept these Terms & Conditions;and proceed to checkout; complete all the required information including your payment information and delivery details;
  • Choose your preferred delivery option and complete the order; 
  • You will be taken to a payments authorization page where your payment will either be approved or rejected. Please note that the approval of your payment does not mean we have accepted your order. On payment approval, a copy of your order will be sent to us; when the receipt appears on your screen, you are bound by the contract of purchase;
  • Once we have received your order, we will email you with confirmation and give you an order reference number. If we cannot accept the order, we will let you know by email; you will not be charge for the Products;
  • We will charge the payment card/account you used to pay for the Products at full retail price as well as any delivery charges as applicable. We will deduct payment from your payment card/account immediately on both completion of you placing an order on the Site and approval of the order by our payment gateway provider;
  • After receipt of full payment in cleared funds, we will dispatch the Products to you using your preferred delivery method.
We reserve the right to cancel the contract of purchase in one of the following situations, without being liable for compensation or other costs:

  • Your payment details are incorrect or cannot be verified;
  • Your order is placed with the purpose of committing fraud etc. or placed in connection with a criminal offence or other unlawful activities;
  • There is an error on the Site, such as a payment error or the like;
  • You are located in a country that is not on our WE DELIVER TO list.
ORDER COMPLETION AND DELIVERY

Order completion

To complete your order, we need some time to prepare, pack and forward parcels to the carrier. Please allow the courier to deliver your order accordingly to the form of delivery selected by you at checkout. The average time of completing an order takes 3 to 10 business days. We will email you confirmation when your order is dispatched.
 
Orders placed on a business day after 4 pm or non-business days are treated as orders placed the following business day. If a part of your order is not available we will inform you by email and confirm changes to your order with you (partial completion, delivery date extension, cancellation of order, or exchange of a Product). If you ordered multiple Products for the same delivery and part of your order is not completed yet the completion of your order will be finalized with adding the last piece. We will inform you by email if such a situation occurs. 

Delivery

Before accepting parcels from the courier you should check if the box is undamaged and our seal is not broken. If a parcel is damaged or the seal is broken to do not accept the parcel and inform us immediately.

If we entirely or partially cover the cost of damage caused in transit, Customer claims for damaged goods from the courier company are ,according to coverage done, entirely or partially transferred to the Seller. A separate assignment agreement is not required.

In case of rejection of delivery by you without giving any reason or after a failed delivery to you from your fault, you do not re-arrange delivery or collect the Products from the relevant delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. 

If despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may cancel the order.

We will not be responsible for delivering the Products late or not delivering any part of the order if this is caused by you not giving us the information we need during the ordering process.

PAYMENT METHODS

We accept the following methods of payments:

  • VISA, Mastercard, Maestro, American Express cards - operated by Stripe, Inc. 510 Townsend Street, San Francisco, CA 94103, USA;
  • PayPal (Europe) L-1150 Luxembourg;
  • Apple Pay -operated by Stripe, Inc. 510 Townsend Street, San Francisco, CA 94103, USA;
  • Przelewy24 - operated by PayPro S.A ul. Kanclerska 15, 60-327 Poznan, Poland;
We will charge the payment card you used to pay for the Products at full retail price as set out on the Site during purchase, including delivery charges. Payment will be deducted from your payment card immediately after checkout on the Site and approval of the order by our credit card payment gateway provider.

RETURNS, EXCHANGE & ORDER CANCELLATION

If your Product is not faulty or miss-described you may return your order. You must notify us within 14 days after receiving the product- see details below.

After receiving orders from the carrier you are responsible to store and handle all Products with care and in a manner that is appropriate for the type of Product. Appropriate use is handling of the goods in a way that is necessary to establish the nature, characteristics, and functioning of the goods. Returned Product should not be in any way damaged, scented, or marked - please take care not to wear any deodorant, fragrance, or make-up that may leave the clothes marked or scented as we will consider that to be in an unsaleable condition.

Products must be returned complete with any accessories or other parts that you receive with the Products and, where possible, with all original packaging. Returned goods should be packed in such a way that they cannot be damaged during transport.

No products purchased at our sample sales can be returned for refunds or exchanges.

Cancelling your order 

As a consumer, you have a legal right to cancel your order without giving any reason within 14 days from receiving the Product - the date of receipt is the date when you or a third-party other than the carrier and indicated by you is in physical possession of the Product. 

In case of a contract relating to the delivery of an order consisting of multiple pieces, the withdrawal period shall expire 14 days after the date on which you or a third-party other than the carrier and indicated by you acquires physical possession of the last piece. 

In case of withdrawal from the contract, the customer is obliged to return the goods within 14 days after communicating the cancellation of order to us, to the following address:

CLSH - RETURNS
al. Jana Pawla II 36/173 
00-141 Warsaw, Poland 

The customer is responsible for the cost of the return. We won't be able to accept cash on delivery parcels. However, if you chose enhanced delivery, we will only refund up to the amount of our usual standard delivery.

Optionally we can issue you a DHL shipping label and arrange pick up of goods from you. We'd just deduct the amount for the courier from the refund for this based on your location meaning we will refund you the full price of Product without the standard delivery cost you paid while placing an order. 

The product must be stored and handled with care and in a manner that is appropriate for the product and should be returned in unused condition except for appropriate use and complete, i.e. with any tags, accessories, spare trims, or other parts and, where possible, with all original packaging.

Once we have received the Products and provided they are still in the original condition we shall reimburse you the cost of goods and delivery within 14 days. 

Reimbursement will be made using the same means of payments as you used for the initial transaction unless you have expressly agreed to use another method of refund that does not involve any extra costs to you.

Defective or incorrect Product 

If a defect in the goods purchased from our Site, the Customer has the right to complaint based on warranty regulations in the Polish Civil Code art. 556 act form 23 of April 1964. Guarantee to complain expires after 2 years from the date of purchase.

This does not apply when you want to return a not faulty item without giving any reason - see Cancelling your order above. 

The complaint must be submitted in writing or email and should contain the described subject of a complaint, contact details, and proof of purchase, i.e. order number, card transaction number. Optionally you can use the Complaint Form. 

We may ask you to send faulty Products to the address to access the defect. CLSH will arrange and cover the cost of return of a faulty Product. 

If the Product is deemed to be faulty, we will repair or exchange it immediately. If this is not convenient for you, you can cancel the order, and we will process the refund.

We will respond within 14 days once we have received the goods.

If for any reason you won't hear back from us in this period it is deemed that your request was justified and processed. 

If the customer was informed and aware of the defect before purchase, or the defect is irrelevant the right to complain doesn't apply. 

We reserve the right to reject complaints on products, which have not been handled correctly and according to care instructions.

NEWSLETTER

Direct email marketing communication will be sent to you after obtaining your permission or if you specifically request us to send it.

You have a right to cancel marketing communication at any time without giving any reason. 

If you wish to opt out of our Newsletter, please inform us by using the unsubscribe link in the Newsletter email, or by sending  cancelling request to sayhello@clsh-store.com and your request will be processed immediately.

We reserve the right to cancel your marketing communication with 14 days' notice in case of breaching any of these Terms & Conditions by you. 

INTELLECTUAL PROPERTY AND COPYRIGHTS

All content on the Site and intellectual property, copyright relating to CLSH such as, but not limited to, our Product, business name, design, database, images, text, graphics, logos, video are properties of CLSH Sylwia Dobkowska or our licensors and is protected under Polish law and international copyright and other intellectual property laws.

Under no circumstance, the Site and parts of it may be copied, distributed, transmitted, reproduced or edited, modified, without explicit consent from CLSH and our suppliers. There is limited non-commercial personal use allowed. 

FINAL NOTE

General

CLSH reserves the right to make changes to the above Terms & Conditions. We will notify you about any changes 14 days before changes apply. Change in Terms & Conditions does not apply to orders placed before the change is implemented. 

Choice of Law and Jurisdiction

Any contracts concluded between us using these Terms & Conditions and any matters not regulated by these are governed and constructed in accordance with the Polish law - Act on Consumer Rights and Civil Code. Any dispute or claims, which may arise between us or in connection with our contract, including its existence or validity, must be brought before a competent court in Poland. If you are a consumer from Poland see details here. 
 
As a consumer, you may bring or defend proceedings in the courts for the place where you are domiciled under the protection afforded by the rules of law of your country/ state.  

If you are residing in an EU country you as a Consumer may use the European Commission online complaints register to submit your Complaint form here.

Assignment 

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Disclaimer

We are not responsible for delays or failure to meet our obligations with the Terms & Conditions if the delay or the non-compliance is due to events beyond our reasonable control.

We reserve the right to temporarily hold or cancel specific Site functions for maintenance or improvement  of the Site.

Terms and Conditions are applicable from 06.05.2021.

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