terms and conditions

Hi!

Aurelia & Frauen is an original sister duo that sews kimonos and other goods from recycled materials and fabrics with original prints by Polish illustrators. Thank you for your interest in shopping in our shop! We will do our best to make your experience be the best.

Below you will find the Terms and conditions, which contain information on, among other things, how to place an order, details on performance of the concluded contract, forms of delivery and payment available in the shop, a contract withdrawal procedure and a complaint procedure.

Our full registration details as the shop administrator, seller and service provider: Izabela Meronk, conducting business activity under the name AURELIA Izabela Meronk, ul. Juliusza Słowackiego 58/7A, 81-392 Gdynia, tax identification number NIP 9581313879.

If you have any comments, questions, concerns, we are at your disposal at [email protected].

§ 1. Definitions

For the purposes of these Terms and conditions, the following terms shall have the following meanings:

Buyer – a natural person, a legal person or a defective legal person,
Consumer – a natural person concluding a contract with the Seller which is not directly related to his/her economic or professional activity,
Terms and conditions – these Terms and conditions are available at https://aureliazweifrauen.com/regulamin ,
Shop – online shop operating at https://aureliazweifrauen.com,
Seller – Izabela Meronk, conducting business activity under the name AURELIA Izabela Meronk, ul. Juliusza Słowackiego 58/7A, 81-392 Gdynia, tax identification number NIP 9581313879.

§ 2. Preliminary provisions

By means of the Shop, the Seller provides the Buyer with a possibility of concluding a sales contract for physical products available in the Shop, a contract for the supply of digital content (graphics) described on the Shop’s website and a contract for the participation in stationary workshops in accordance with the information contained in the Shop.
The Rules and conditions set out the terms and conditions of use of the Shop, as well as the rights and obligations of the Seller and the Buyers.
In order to use the Shop and the digital content purchased through the Shop, it is not necessary for the Buyer’s computer or other device to fulfil any specific technical conditions. The following are sufficient:
- Internet access,
- standard operating system,
- standard web browser,
- .pdf viewer,
- Possession of an active e-mail address.
Where the use of digital content requires additional technical conditions, these conditions are indicated in the description of the digital content in the Shop.
The Buyer cannot make a purchase in the Shop anonymously or under a pseudonym.
It is forbidden to provide unlawful content when using the Shop, in particular by sending such content via the forms available in the Shop.
All product prices shown on the Shop’s website are gross prices.

§ 3. Services provided electronically

By means of the Shop, the Seller provides electronic services to the Buyer.
A basic service provided electronically to the Buyer by the Seller is to enable the Buyer to place an order in the Shop leading to the conclusion of the contract with the Seller. Placing an order is possible without having an account in the Shop.
If the Buyer decides to subscribe to the newsletter, the Seller also provides the Buyer with an electronic service consisting of sending the Buyer e-mails containing information about news, promotions regarding the Seller’s products or services. Subscribing to the newsletter takes place by completing and submitting the newsletter subscription form or by ticking a relevant checkbox in the order process. The Buyer may unsubscribe from the newsletter at any time by clicking on the unsubscribe button visible in each message sent as part of the newsletter or by sending a relevant request to the Seller.
The services are provided electronically to the Buyer free of charge. However, sales contracts, contracts for the supply of digital content and contracts for participation in stationary workshops concluded through the Shop are chargeable.
In order to ensure the security of the Buyer and the transmission of data in connection with the use of the Shop, the Seller shall take technical and organisational measures appropriate to the degree of security risk of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorised persons.
The Seller takes steps to ensure the fully proper functioning of the Shop. The Buyer should inform the Seller about any irregularities or interruptions in the functioning of the Shop.
The Buyer may submit any complaints related to the functioning of the Shop by e-mail to the e-mail address [email protected]. In a complaint, the Buyer should specify type and date of occurrence of irregularities related to the functioning of the Shop. The Seller will consider all complaints within 30 days upon receiving a complaint and will inform the Customer of its resolution at the e-mail address of the person submitting the complaint.

§ 4. Placing an order

The Buyer can place an order without registration.
Placing an order is done by filling in the order form after adding the products, digital content or services of interest of the Buyer to the cart. In the form, it is necessary to provide the data necessary to complete an order. At the stage of placing an order, it is also necessary to choose a method of delivery of ordered products and a method of payment for an order. Placing an order is conditional on accepting the Terms and conditions, which the Buyer should read in advance. In case of any doubts concerning the Terms and conditions, the Buyer may contact the Seller.
The ordering process is completed by clicking on the button finalising order. Clicking on the button finalising order constitutes a declaration of intent by the Buyer leading to the conclusion of the contract with the Seller. Depending on the subject of the order, a contract of a certain type may be concluded between the Buyer and the Seller:
- in the case of physical products, a sale contract,
- in the case of electronic products, a contract for supply of digital content,
- in the case of stationary workshops, a service contract.
If the subject matter of the contract are simultaneously products of different types or services, placing of the order shall lead to the conclusion of several contracts of a certain type corresponding to the subject matter of the contract.
If the Buyer has selected on-line payment when placing an order, s/he will be redirected to a payment gateway operated by a third-party payment operator to pay for the order after clicking on the button finalising order.
The Buyer must provide truthful personal data in the order form. The Buyer shall be liable for providing false personal data. The Seller reserves the right to withhold the execution of the order in a situation where the Buyer has provided false data or where the data raises justified doubts of the Seller as to its correctness. In such a case, the Buyer will be informed of the Seller’s doubts by phone or e-mail. In such situation, the Buyer has the right to explain any circumstances related to the verification of the veracity of the provided data. In the absence of data allowing the Seller to contact the Buyer, the Seller shall provide any clarifications after the Buyer has made contact.
The Buyer declares that all data provided by him in the order form are true, while the Seller is not obliged to verify their veracity and correctness, although s/he has such right in accordance with point 8 above.

§ 5. Delivery and payment

Products are delivered to the Buyer by DPD courier. The cost of delivery of an order is borne by the Buyer, unless otherwise indicated by the Seller on the Shop website. The Seller has the right to decide to split an order into several separate shipments without additional costs to the Buyer.
The available methods of payment for an order are described on the Shop’s website and presented to the Buyer at the stage of placing an order.
Electronic payments, including payment card payments, are handled by PayPal. It is not necessary to have a PayPal account to pay by credit or debit card with this method.
If the Buyer has requested an invoice, it will be delivered to the Buyer electronically, at the e-mail address provided on the order form.

§ 6. Physical products

Lead of an order involving physical products consists of completing the ordered products, packing them for delivery to the Buyer and sending the parcel to the Buyer.
An order is deemed to be led as soon as the parcel is dispatched to the Buyer (entrusted to a carrier offering transport services).
The ordered products should be delivered to the Consumer within 30 days, unless a longer period is expressly indicated by the Seller in the product description. In such situation, by placing an order, the Buyer agrees to the longer lead time resulting from the product description.
If the Buyer has ordered products with different lead times, the Seller is bound by the longest lead time of all the products included in the order, although the Seller may offer to divide the order into several independent shipments to accelerate the lead time for some products.

§ 7. Digital content

The lead of an order including digital content takes place by sending an e-mail to the e-mail address provided by the Buyer in the order form containing instructions on how to download or access the purchased digital content.

§ 8. Stationary workshops

An order for stationary workshops shall be led by providing the Buyer or a person designated by the Buyer in accordance with point 6 below with the opportunity to attend workshops on the date selected by the Buyer when placing an order.
Workshops are provided as described on the Shop’s website.
In order to take part in workshops, the Buyer is obliged to present him/herself at the workshops venue on the date chosen by him/her when purchasing workshops.
Non-participation in workshops by the Buyer, except the fact that the Buyer has effectively withdrawn from the contract or the contract has been terminated by mutual agreement, shall not entitle the Buyer to a refund of the remuneration paid to the Seller for participation in workshops.
If the Seller organises stationary workshops on several dates, the Buyer may change the date on which s/he will participate in workshops if s/he informs the Seller at least 7 days before the date of the training resulting from the order placed by the Buyer and the Seller is able to provide the Buyer with an opportunity to participate in workshops on another date. Otherwise, rescheduling is not possible, and failure to participate in workshops shall have the effects referred to in point 4 above.
When purchasing workshops, the Buyer has the right to indicate the person who will take part in it. If this is the case, the Buyer is obliged to provide details of the workshops participant within 2 days of the conclusion of the contract. The Buyer can change the details of the participant no later than 1 day before workshops. By submitting data of the participant, the Buyer declares that s/he is entitled to submit this data and has informed the participant of workshops.

§ 9. Withdrawal from the contract

A Consumer who has concluded a distance contract with the Seller has the right to withdraw from the contract without giving any reason within 14 days upon taking possession of the purchased items (in the case of a sale contract) or within 14 days of concluding the contract (in the case of a digital content and service contract).
Starting from 01.01.2021, the right to withdraw from the contract on the principles described in this point and resulting from the Consumer Rights Act shall also apply to a natural person concluding a contract with the Seller directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. Consequently, when the rights of the Consumer are referred to within the framework of this paragraph, as of 01.01.2021, these rights also apply to a person meeting the above criteria.
The right of withdrawal does not apply to contracts:
- for the provision of services, if the Seller has performed the service in full with an express consent of the Consumer, who was informed before the performance starts, that after the Seller’s performance s/he loses his/her right of withdrawal,
- for the supply of digital content which is not recorded on a tangible medium if the performance began with the consumer’s express consent before the end of the withdrawal period and after the Seller has informed the Consumer of the loss of withdrawal right.
- to sew items tailored to the Buyer’s individual order, according to the Buyer’s design or specifications.
The moment of commencement of performance in the case of digital content is the delivery of an e-mail to the Buyer with instructions to download or access the digital content.
In order to withdraw from the contract, the Consumer must inform the Seller of his/her decision to withdraw from the contract by an unequivocal statement, for example a letter sent by post, fax or e-mail.
The Consumer may use a model withdrawal form attached as Appendix 1 to these Terms and conditions, but this is not obligatory.
In order to comply with the withdrawal period, it is sufficient for the Consumer to send information concerning exercise of the Consumer’s right of withdrawal before the expiry of the withdrawal period.
The Consumer is obliged to return the product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the day on which s/he has withdrawn from the contract, unless the Seller has offered to collect the item him/herself. To meet the deadline, it is sufficient to send the product back before its expiry.
The Consumer shall bear direct costs of returning the item.
In the event of withdrawal from the contract, the Seller shall reimburse to the Consumer all payments received from the Consumer, including the cheapest cost of delivery of the products available in the Shop (if the cost was paid by the Consumer) immediately and in any case no later than 14 days from the day on which the Seller was informed of the exercise of the right of withdrawal. The payment shall be reimbursed using the same means of payment as were used by the Consumer in the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not incur any charges in connection with the form of payment refund.
If the Seller has not offered to collect the item from the Consumer him/herself, the Seller may withhold reimbursement of the payment received from the Consumer until it has received the item back or the Consumer has provided proof of return, whichever event occurs first.
The Consumer shall be liable for any diminution in the value of the product resulting from the use of the product beyond what is necessary to establish the nature, characteristics and functioning of the product.

§ 10. Liability for defects

The Seller is obliged to provide the Buyer with a product and digital content free of defects, as well as to perform the service duly.
The Seller shall be liable to the Buyer if the product sold, the digital content has a physical or legal defect (warranty for defects) or if the service has been performed in an improper manner.
If the Buyer discovers a defect in a product, digital content or improperly performed service, s/he should inform the Seller, specifying his/her claims or making a statement to that effect.
The Buyer may use the complaint form attached as Appendix 2 to these Terms and conditions, but this is not obligatory.
The Buyer may contact the Seller by post as well as by e-mail.
The Seller shall respond to the complaint submitted by the Buyer within 14 days of the day on which the complaint is delivered to the Seller by such means of communication as the complaint was submitted by.
The details of the Seller’s warranty for defects in the goods sold are governed by the provisions of the Civil Code (Articles 556-576).
Starting from 01.01.2021, the provisions on the Seller’s warranty for defects of a sold thing concerning Consumers also apply to a natural person concluding a contract with the Seller directly related to his/her business activity, when it follows from the content of this contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.

§ 11. Personal data and cookies

The administrator of the Buyer’s personal data is the Seller.
The Buyer’s personal data is processed for the following purposes and on the following legal bases:
- conclusion and performance of the contract – Article 6(1)(b) GDPR,
- fulfilment of tax and accounting obligations – Article 6(1)(c) of the GDPR,
- defence, investigation or establishment of contractual claims, which is a legitimate interest pursued by the Seller – Article 6(1)(f) GDPR,
- identification of a returning customer, which is a legitimate interest pursued by the Seller – Article 6(1)(f) GDPR,
- handling of enquiries from Buyers not yet leading to the conclusion of a contract, which is a legitimate interest pursued by the Seller – Article 6(1)(f) GDPR,
- dispatching of a newsletter, following prior consent – Article 6(1)(a) GDPR.
Recipients of the Buyer’s personal data are: courier companies, tax authorities, accounting office, law firm, web host, invoicing system provider, shop platform and CRM system provider, mailing system provider.
Due to the use of the WordPress system, the personal data of Buyers and Newsletter recipients may be transferred to Canada and the United States of America (the USA) in connection with their storage on servers located in Canada and the USA. The provider of the WordPress system guarantees an adequate and compliant level of personal data protection under European law through appropriate compliance mechanisms (standard contractual clauses).
The Buyer’s personal data shall be stored in the Seller’s database for the entire duration of the business activity in order to be able to identify a returning customer, which, however, the Buyer may object to by requesting that his/her data be deleted from the Seller’s database. If such an objection is made before the expiry of the limitation period for claims under the concluded contract, the Seller shall have an overriding interest in storing the Buyer’s data until the expiry of the limitation period for claims. Accounting records containing the Buyer’s personal data shall be stored for the period required by law.
The Buyer’s rights related to the processing of personal data: the right to request from the Seller access to personal data, rectification, deletion, restriction of processing, the right to object to processing, the right to data transfer, the right to lodge a complaint with the President of the Office for Personal Data Protection.
The provision of personal data by the Buyer is voluntary, but necessary to contact the Seller, conclude a contract or subscribe to a newsletter.
The shop uses cookies technology.
Details relating to personal data and cookies are described in the privacy policy available at https://aureliazweifrauen.com/polityka-prywatnosci.

§ 12. Intellectual property rights

The Seller hereby instructs the Buyer that the content available on the Shop’s website, digital content available in the Shop, elements of physical products (e.g. graphic designs), materials provided during consultations or workshops may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, the copyrights to which the Seller is entitled.
The Seller hereby instructs the Buyer that further dissemination of copyrighted content by the Buyer without Seller’s consent, with exception of the use of content within the framework of permitted personal use, constitutes an infringement of the Seller’s copyright and may result in civil or criminal liability.

§ 13. Out-of-court procedures of dealing with complaints and pursuing claims

The seller agrees to submit any disputes arising in connection with the concluded contracts to mediation proceedings. The details will be determined by conflicting parties.
The Consumer has possibility to make use of out-of-court procedures of dealing with complaints and pursuing claims. Among other things, the Consumer has possibility to:
- apply to a permanent amicable consumer court for settlement of a contractual dispute,
- apply to a regional inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of dispute between the Buyer and the Seller,
- seek assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
For more detailed information on out-of-court procedures of dealing with complaints and pursuing claims, the Consumer can visit http://polubownie.uokik.gov.pl .
The Consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr . The platform serves to resolve disputes between consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from the on-line sale or service contract.

§ 14. Final provisions

The Seller reserves the right to introduce and cancel offers, promotions and to change prices in the Shop without prejudice to the Buyer’s acquired rights, including in particular Terms and conditions of contracts concluded prior to the change.
The Seller reserves the right to amend the Terms and conditions without prejudice to the rights acquired by the Buyer under contracts concluded prior to the amendment of Terms and conditions.
Any disputes related to contracts concluded through the Shop shall be settled by a Polish common court with jurisdiction over Seller’s permanent place of running business activity. This provision does not apply to Consumers, for whom the jurisdiction of the court is considered on general principles. As of 01.01.2021, this provision also does not apply to an individual concluding a contract with the Seller directly related to his/her business activity, if it follows from the content of that contract that it does not have a professional character for that person, resulting in particular from the subject matter of his/her business activity made available on the basis of provisions on the Central Register and Information on Business Activity – in the case of such person, the jurisdiction of the court is considered on general principles.
These Regulations are effective as of 14.04.2023.

Appenix 1 – TEMPLATE FORM TO WITHDRAW FROM THE CONTRACT

If you wish to withdraw from the contract you have concluded, you may use the form below by sending it to us by post or e-mail. If the form is not sent with the returned product, please note that we may withhold reimbursement until receiving the item back or being provided with the proof of return.

Addressee:

AURELIA Izabela Meronk, ul. Juliusza Słowackiego 58/7A, 81-392 Gdynia

I hereby give notice of withdrawal from the contract, the subject of which are:

1) ………….. – price: …………..,

2) ………….. – price: …………….

Mandatory data:

Date of contract/order number: ………………………………………………………………………..

Consumer’s first and second name: ……………………………………………………………………

Consumer address: …………………………………………………………………………………………..

Voluntary data that will facilitate our communication:

Consumer’s e-mail address: ………………………………………………………………………………

Consumer’s telephone number: …………………………………………………………………………

Refunds will be made using the same means of payment as you used for the original transaction. If you paid by means other than bank transfer and wish to be refunded to your bank account, please indicate the bank account number for the refund below:

…………………………………………………………………………………………………………………………………..

date of completion:

consumer’s signature (if the form is sent on paper):

Information on processing of the personal data

The administrator of the personal data provided in the form shall be AURELIA Izabela Meronk, ul. Juliusza Słowackiego 58/7A, 81-392 Gdynia. The data will be processed for the purpose of handling a withdrawal process, which constitutes our legitimate interest referred to in Article 6(1)(f) of the GDPR. The withdrawal form will be included in accounting records and will be kept with them for a period required by law. In connection with the handling of the withdrawal process, the data may be processed by external entities involved in the handling of this process, such as courier companies, postal operators, banks, web host, shop platform and CRM system provider, accounting office. Rights related to data processing: the right to request access to data, rectification, elimination or restriction of processing, as well as the right to object to the processing of personal data and to lodge a complaint with the President of the Office for Personal Data Protection. For matters related to data protection, please contact [email protected]. Provision of data is voluntary, but necessary to handle the withdrawal process.

Appendix 2 – COMPLAINT FORM

If you wish to lodge a complaint about a product, digital content or service you have purchased, you can use the form below to send it to us by post or e-mail. If the form is not sent with a claimed product, please note that we may ask you to send us the claimed product in order to process the complaint.

Addressee:

AURELIA Izabela Meronk, ul. Juliusza Słowackiego 58/7A, 81-392 Gdynia

Mandatory data of the client:

Date of contract/order number: ………………………………………………………………………..

Consumer’s first and second name: ……………………………………………………………………

Consumer address: …………………………………………………………………………………………..

Voluntary data that will facilitate our communication:

Consumer’s e-mail address: ………………………………………………………………………………

Consumer’s telephone number: …………………………………………………………………………

Subject of complaint:

Product/digital content/service: …………………………………………………………………………

Price/remuneration paid: ……………………………………………………………………………………

DESCRIPTION OF COMPLAINT (description of defects):

………………………………………………………………………………………………………………………….

…………………………………………………………………………………………………………………………..

When the defects were found: ……………………………………………………………………………….

COMPLAINANT’S REQUEST:

(___) replacement of the item with a defect-free item,

(___) rectification of the defect,

(___) price reduction,

(___) withdrawal from the contract,

(___) other (which?)

……………………………………………………………………………………

…………………………………………………………………………………..

date of completion:

consumer’s signature (if the form is sent on paper):

Information on processing of the personal data