Warunki świadczenia usług

TERMS & CONDITIONS

Welcome to www.CLSH-store.com online store run by CLSH Sylwia Dobkowska company with registered address: al. Jana Pawla II 36 m173 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 lok. 173, 00-141 Warsaw, Poland

Below Terms and Conditions apply to our Site/online store that provides information about us, showcases our garments (PRODUCT), 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. Online store/ Site - 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/Them - meaning customer acting as a consumer using Site: visiting, browsing, purchasing. 
4. Service - distance selling of clothing and accessories through Site.
5. Purchase agreement - an agreement made between Seller and Customer when customer purchases 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 the Terms and Conditions specified here.

You accept and agree to abide by all policies under these Terms and Conditions. You are permitted to use our Site for personal and non-commercial purposes, and lawful purposes only. 

Customer using service is obligated to follow these Terms and Conditions. If you do not agree to these Terms and Conditions, you will not be able to buy goods from the Site.

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 Service or any related Site

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 and Conditions and the services provided on its basis. Read our full Privacy policy to know more.

Information provided on the Shop's Site, including information about the products presented, and in particular, their descriptions, technical and operational parameters, prices are an invitation to conclude a contract, within the meaning of Article 71 of the Act of 23 April 1964 r. - Civil Code (Journal of Laws 1964, No. 16, item 93 as amended; further: “the Civil Code”).

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. Delivery costs will be indicated on a separate line in your shopping cart and on the billing 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 canceling 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 in respect 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 with 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. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that a device display of any color will be accurate. Product may vary slightly from those images.
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 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;
• accept Terms and Conditions and click on the “Check Out” button;
• 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;
• once we have received your order, we will email you to accept the order and give you an order reference number (“Order Confirmation”). If we cannot accept the order, we will let you know by email and we will not charge you for the Products
• we will charge the payment card you used to pay for the Products at the Products’ full retail price as set out on the Site as well as any delivery charges (as applicable). We will deduct payment from your payment card immediately on both completion of you placing an order on the Site and approval of the order by our credit card payment gateway provider.
• Once we have received full payment in cleared funds, we will dispatch the Products to you using your preferred delivery method

Among other things, 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 offense or other unlawful activities.

- There is an inadvertent 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 selected form of delivery by checkout. 

The average time of completing an order takes 2 to 10 business days.

We will send you an email 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, cancelation of order, or exchange of a Product)

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 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 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.

Pick up - WARSAW

CLSH offers pick-up service of order at al. Jana Pawła II 36 lok. 173, 00-141 Warsaw. Pick-up service is available locally only and after selecting this option at checkout. Order will be completed after confirmation of date and time with us.  

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 MOLLIE
• Klarna - (former Sofort) operated by Klarna AB, Sveavägen 46, SE-111 34 Stockholm, Sweden

We will charge the payment card you used to pay for the Products at full retail price as set out on the Site at the time of 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 CANCELATION

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.

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 (i.e. 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.

Canceling 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 cancelation of order to us, to the following address:

CLSH - RETURNS

Al. Jana Pawla II 36 m173 

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.

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. However, if you chose enhanced delivery, we will only refund up to the amount of our usual standard delivery.

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 costs to you.

Defective or incorrect Product

In the event of a defect in the goods purchased from our Site, the Customer has the right to complain 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 (to do so see our Canceling Order Policy above) or the defect is irrelevant/incidental wear and tear the rule

The complaint must be submitted in writing or email and should contain the described subject of a complaint, contact details, and proof of purchase (order 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, 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 Newsletter from us, please inform us by using the unsubscribe link in the Newsletter email, or by sending an email 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 and Conditions by you.

INTELLECTUAL PROPERTY AND COPYRIGHTS

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

The store is operated by Shopify- See their Intellectual Property and Privacy Policy here.

FINAL NOTE

General

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

Choice of Law and Jurisdiction

Any contracts concluded between us using these Terms and Conditions and any matters not regulated by these T&C 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 detail 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. Complaint form here.

Assignment

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

Notice

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 do our best to update the Site and to ensure that prices, offers, descriptions, and other information concerning the goods are correct. Typographical errors and errors in prices, offers, descriptions, and other information concerning the goods may occur, and sometimes we discover that the prices on goods are incorrect.

Terms and Conditions are applicable from 26.04.2021