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Terms & Conditions

EWA MICHALAK ONLINE STORE TERMS AND CONDITIONS
 
§ 1. GENERAL INFORMATION
 
These terms and conditions specify the rules applicable to sales contracts in the Ewa Michalak brand online store http://www.ewa-michalak.pl/ ('Company Store', 'Store') operated by Waldemar Wacław Michalak, ul. Pomorska 41, 90-203 Łódź, registered in CEIDG, maintained by the Polish Minister of Economy, NIP: 7291709125 (‘Seller').
 
The company store is operated under the brand name Ewa Michalak at the address:
 
"Ewa Michalak"
Pomorska 41
90-203 Łódź
(warehouse and production building, floor III)
 
Which is the address for correspondence, the address for possible complaints and, outside of times of epidemic danger, the address for personal collection.
For contact from customers we provide the following e-mail address:
sklep@ewa-michalak.pl
 
And phone number:

  • 48 509 851 129
     
    This document is a translation of the original Polish text. In case of any conflicts or discrepancies, the Polish version shall take precedence.
     
    § 2. INDIVIDUAL SEWING, PERSONALISED ORDERS
     
    1. If you do not see your bra size in the drop-down menu, please contact us. It may be possible to sew it according to your measurements.
     
    2. It is sometimes possible to modify the design, for example by adding pockets and padding or changing the straps.
    3. The price of such a service is determined individually and specified in the e-mail. We would like to inform you that the right of withdrawal does not apply to a contract "where the object of performance is a non-prefabricated good produced to the consumer's specifications or serving to meet their individual needs." [Art. 38.1.3 of the Polish Consumer Rights Act].
     
    § 3 PRICES OF GOODS AND PAYMENT
     
    1. All prices of goods are given in PLN and are gross prices.
     
    2. The available payment methods are: instant bank transfer, ordinary bank transfer (payment in advance) and payment on delivery (personal collection available outside times of epidemic emergency).
     
    3. Customers outside the European Union may, by way of exception, agree to pay via the PayPal operator (payment in advance). Payment via the PayPal operator will be charged at a rate of 6.37 % for the selected payment method.
     
    4. If you choose to pay in advance, we will wait 14 working days for your payment to arrive, after which we will still send you a reminder.
     
    5. Orders not paid for despite the reminder will be cancelled.
     
    § 4. SHIPPING AND AVAILABILITY
     
    For products marked with a delivery time of "48h", dispatch takes place no later than the second working day after the payment has been received in our account. Products marked "on order" have a lead time defined in working days, which is calculated from the next working day after payment of the order.
     
    § 5 DELIVERY
     
    1. Delivery in Poland shall be made within 2-3 working days after the date of dispatch as specified in the previous paragraph. It is provided by DPD couriers or Poczta Polska: Courier 48 with delivery to the Customer or a pickup point (eg. Inpost parcel machines).
     
    2. Delivery costs within Poland:
    - 18,50 PLN (courier)
    - FREE!!! (for orders of min. 400 PLN)
    - 0 PLN - Inpost Parcel Machine
    - 0 PLN (personal collection in Łódź, at the address given in the first paragraph, outside of times of epidemic danger).
     
    3. Personal collection is possible by appointment via e-mail. Until the end of the epidemic emergency, personal collection is not possible.
     
    4. Delivery abroad is provided by the DHL Worldwide Express courier or the DPD courier (within the EU), within 4-6 working days after the day of dispatch. Shipping by DHL is not possible to Russia, Belarus or China.
     
    5. International shipping costs depend on the size and value of the order and the place of delivery.
     
    § 6. COMPLAINTS
     
    1. In relation to the Customer, who is a consumer or partially covered by consumer protection, the Seller shall be liable for compliance of performance within the contract.
     
    2. Complaints may be submitted electronically to the Internet address sklep@ewa-michalak.pl or by post to our address.
     
    3. The complaint should include:
    - the Customer's name,
    - order number (and if there were more products in the order, an indication of which product the complaint refers to),
    - the content of the complaint itself,
    - the customer's request/statement as to how the complaint should be resolved, and
    - either a photograph showing the problem (in which case, in the event of repair or replacement, we will arrange to collect the goods once the complaint has been accepted) or the goods themselves, enclosed immediately with the complaint (in which case, in the event of a request for repair or replacement, please contact us first so that we can arrange to collect the whole thing straight away).
     
    Our staff request that the lingerie sent to be repaired is cleaned first.
     
    4. You also have the option to use our Complaint Form, but this is not obligatory.
     
    5. In the case of a complaint made by a customer who is a consumer or is covered by consumer protection in this matter, the Seller will respond within 14 days.
     
    6. The person making the complaint may also enforce his/her rights on general terms using judicial, and if both parties agree, out-of-court, methods of complaint handling and claim investigation. The ODR platform can be found at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL
     
    § 7 EXCHANGE
     
    1. If a customer who is a consumer or partially covered by consumer protection exercises their right of withdrawal and at the same time places a new, separate order (i.e. makes an exchange), they may also use our exchange form. This is not obligatory and the consumer does not lose the rights due to withdrawal.
     
    2. In such a situation, with the Customer's consent, the amount already paid by the Customer shall be credited to the new order (the cost of delivery shall be settled in accordance with the cancellation provisions) and, depending on its value, either the Customer shall pay the missing part or the Seller shall refund the excess.
     
    The return form can be found here. (in Polish)
     
    The exchange form can be found here. (in Polish)
     
    § 8 RIGHT OF WITHDRAWAL
     
    1. The right of withdrawal shall not apply if the object of performance "is a non-prefabricated good, produced to the consumer's specifications or serving to meet their individualised needs" (in accordance with Article 38(3) of the Polish Consumer Rights Act).
     
    2. Subject to clause 1, consumers and persons who are partially covered by consumer protection shall have the right to withdraw from the contract, in accordance with the Notice attached to the Regulations.
     
    § 9. FINAL PROVISIONS
     
    1. In relation to the Customers who are neither consumers nor covered by consumer protection in this regard, the court competent to resolve any disputes shall be the competent court for the seat of the Seller.
     
    2. In relation to customers who are neither consumers nor covered by consumer protection in this regard, the parties exclude liability under warranty.
     
    3. These Terms and Conditions shall apply to contracts concluded from 2.03.2023.
     
     
    INFORMATION CONCERNING THE EXERCISE OF THE RIGHT OF WITHDRAWAL
     
    INSTRUCTIONS ON WITHDRAWAL
     
    (from the Annex to the Polish Consumer Rights Act)
     
    Right of withdrawal.
    You have the right to withdraw from this contract within a period of 14 days without giving any reason, and in the case of a contract concluded during an unscheduled visit to the consumer's place of residence or usual residence or excursion, within a period of 30 days.
     
    The withdrawal period shall expire after 14 days from the day on which you have taken possession of the goods or on which a third party other than the carrier and indicated by you has taken possession of the goods.
    To exercise your right of withdrawal, you must inform us:
    Waldemar Waclaw Michalak
    "Ewa Michalak"
    Pomorska 41
    90-203 Łódź
     
    e-mail address: sklep@ewa-michalak.pl
     
    telephone number + 48 509 851 129
     
    Of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail). You may use the template withdrawal form, but this is not obligatory.
     
    To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
     
    EFFECTS OF WITHDRAWAL
     
    If you withdraw from this contract, we shall reimburse all payments received from you.
     
    Payments, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will refund the payment using the same means of payment as you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges in connection with the refund.
     
    We may withhold reimbursement until you have received the goods or until you have provided us with proof of return, whichever event occurs first.
    Please send back or hand over the goods to us at the following address:
     
    "Ewa Michalak"
    Pomorska 41
    90-203 Łódź
    (storage and production building, floor III)
     
    Immediately, and in any case no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period.
     
    You will have to bear the direct costs of returning the goods.
     
    You will only be liable for any diminished value of the goods resulting from your use of the goods other than what was necessary to establish the nature, characteristics and functioning of the goods.
     
    Explanation: "In order to ascertain the nature, characteristics and functioning of the goods, the consumer should only handle and inspect the goods in the same way as he would be able to do in a shop.
    For example: the consumer should only try on a garment but should not be able to wear it.”
     
    [Recital 47 of Directive 2011/83/EU].
     
     
    Withdrawal form template from Appendix 2 of the Consumer Rights Act:
     
    (this form should be completed and returned only if you wish to withdraw from the contract)
     
    [Waldemar Waclaw Michalak, sklep@ewa-michalak.pl]
    "Ewa Michalak"
    Pomorska 41
    90-203 Łódź
     
    - I/We(*) hereby inform(*) about my/our withdrawal from the contract of sale of the following goods(*) the contract of delivery of the following goods(*) the contract of workmanship of the following goods(*)/the provision of the following service(*)
    - Date of conclusion of the contract(*)/of receipt(*)
    - Full name of the consumer(s)
    - Address of consumer(s)
    - Signature of consumer(s) (only if this form is sent on paper)
    - Date
     
    (*) Erase where not applicable.
     
    The form can be found here: (In Polish)



”Motto” Contest Terms and Conditions
 
§1 Introductory provisions
1. The organiser of the Game is Waldemar Wacław Michalak, registered in CEIDG, holding a Polish tax identification number (NIP): 7291709125, permanent place of business: 93-256 Łódź, ul. Gabrieli Zapolskiej 45 lok. 24, hereinafter referred to as the "Organiser".
2. These Terms and Conditions, hereinafter referred to as the "Regulations", set out the rules of participation in the contest under the name: "Motto" (hereinafter referred to as the "Contest").
3. The Organizer declares that the Contest is not a game of chance, lottery, betting, promotional lottery or any other form of game in which the outcome depends on chance, or any other form provided for in the Polish Act of 19 November 2009 on games of chance.
4. The game is conducted by the Organizer on the Internet via profile on the social network Facebook – https://www.facebook.com/sklep.ewamichalak.
5. The game runs during the period from 9.01.2024 to 20.01.2024.
6. The Organiser is the entity responsible for the release of the prizes provided for in the Contest.
7. The Contest is carried out using the social network Facebook, with the provision that the Contest is in no way sponsored, endorsed or carried out by or associated with Facebook.
8. This document is a translation of the original Polish text, in the case that any discrepancies or conflicts arise, the Polish version takes precedence over the translation.
 
§2 Persons entitled to participate in the Contest
1. Subject to the provisions of paragraph 2, participants in the Contest (hereinafter respectively "Participant" or "Participants") may only be persons of legal age (18) who meet the following criteria:
a) acting as a consumer within the meaning of Article 22(1) of the Polish Civil Code;
b) having their place of residence on the territory of the Republic of Poland or in another country to which deliveries are made by DPD or DHL (list of countries added as Appendix 1).
2. The employees of the Organizer and their immediate family members may not participate in the Contest. Immediate family members are understood as: ascendants (parents, grandparents), descendants (children, grandchildren), siblings, spouses, parents and children of spouses and persons in an adoption relationship with them. In the event that the aforementioned persons win the prize specified in § 5.1 below, the Organiser shall be entitled to claim reimbursement of the prize.
 
§3 Rules of participation in the Contest
1. The task of the Participant taking part in the Contest is to: post a proposal of motto for Ewa Michalak’s community in the comment  on Facebook.
2. From among the comments under the post on the brand's profile on Facebook, one author will be selected, who will receive from the Organiser a prize specified in detail in § 5.1 of the Regulations.
3. Each person who adds a comment under the competition post on the brand's Facebook profile – fulfilling the conditions of the Contest – has a chance to receive a prize. No additional entry is required to take part in the Contest.
4. Posting a comment fulfilling the conditions of the Fun is at the same time agreeing to transfer copyright to the Organiser without additional compensation and agreeing to use this comment or description in all fields of exploitation in accordance with the provisions of § 9 of the Regulations.
5. The comment, referred to in paragraph 1 above, should be a result of the Participant's personal creativity and cannot infringe the rights of third parties, including in particular: personal rights and copyrights.
6. The participant declares that:
a) the comment does not in any way violate the law or any personal rights of third parties or the author's economic rights,
b) they have not transferred the economic copyright of the comment to a third party nor has he/she granted any exclusive licence authorising the use of the comment,
c) has the exclusive right to grant permission to dispose of and use the developments of the comment,
d) assumes full responsibility to the Organiser for the untruthfulness of these statements, 
e) undertakes to indemnify the Organiser against any liability in the event of any claims being made, including in court, by third parties arising from infringement of their rights in respect of the material submitted by that Participant to the Contest. 
7. A person who has made an entry in accordance with the Regulations and meets the conditions set out in the Regulations shall become a Participant in the Play.
8. By making an Entry (publishing a comment), you accept the Rules.
9. A Participant may make only one entry to the Contest on the brand's Facebook profile.
 
§4 Rules of selecting the winner of the Contest
1. From among all the correctly submitted entries, the Jury will select: one comment under the competition post on the brand's profile on Facebook – guided in the selection by the most interesting comment.
2. The jury will select the Winner at its own discretion, guided by the following criteria: uniqueness, originality and interestingness of the comment, as referred to in § 3 paragraph 1 of the Regulations.
3. The winner will receive a prize in kind as detailed in § 5 (1) of the Regulations. The winner will be announced no later than on the fifth working day after the end of the Contest.
4. The results of the Competition will be published on the following profiles: https:// www.facebook.com/sklep.ewamichalak and https://www.instagram.com/ ewa_michalak_lingerie/. 
 
§5 Prizes
1. The prize in the Contest is one lingerie set from the Ewa Michalak brand, chosen by the Winner, in the size selected by the Winner.
2. The Winner is not entitled to exchange the Prize for cash or prizes of any other kind. 3. The right to the Prize is not transferable to third parties.
4. The value of the Prize will not exceed PLN 500 gross, therefore it will be exempt from personal income tax in Poland pursuant to Article 21(1)(68) of the Personal Income Tax Act of 26 July 1991. If the Winner is a tax resident of a country other than Poland, they are obliged to settle for the prize in accordance with the regulations in force in their country.
5. The Organizer is obliged to cover costs of prize shipment using DHL / DPD courier services.
 
§6 Issuing of Prizes
1. The Organiser undertakes to manufacture the Prize for the Contest Winner within 30 days, counting from the day of receiving the size specifications.
2. In order to manufacture the Prize, the Laureate will be summoned by the Organiser to provide all information enabling the fitting of the correct size for the underwear set. 
3. Once the Prize has been manufactured, the Organiser will call for the Laureate to provide full address details: name, address and contact telephone number, in order to deliver the Prize. Dispatch of the shipment will take place within 3 working days after obtaining full address details from the Winner.
4. In the event that the Contest Winner does not provide all the data required under these Regulations in an e-mail or private message on Facebook, as referred to in § 6 points 2 and 3, and does not send them after the deadline set by the Organizer, the Contest Winner loses the right to the Prize, which remains the property of the Organizer.
5. The data indicated in this paragraph will be used only for the purpose of producing and delivering the Prize. Their submission is voluntary, however, it is a necessary condition for the Winner to receive the Prize. 
 
§7 Processing of personal data
1. The Participants' personal data will be processed to the extent and for the purposes necessary to carry out the Contest, in particular to communicate with the Participants, to issue the Prizes to the Winners and to process complaints.
2. The administrator of the Personal Data is the Organizer of the Contest (contact details: Waldemar Wacław Michalak, address: 93-256 Łódź, ul. Gabrieli Zapolskiej 45 lok. 24, e-mail address: sklep@ewa-michalak.pl). 
3. Participants' personal data will be processed for the purpose of organising the Fun on the basis of Article 6(1)(a) of Regulation 2016/679 of 27 April 2016 of the European Parliament and of the EU Council on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR) (Participant's consent). The provision of data is voluntary but is a condition for taking part in the Play.  
4. The Participants' personal data will be made available only to entities authorised by law and to entities providing support to the Organiser on the basis of commissioned services and in accordance with entrustment agreements concluded (e.g. the company that will deliver prizes to the Winner). 
5. Each Participant has the right to access the content of their data, the right to rectify, delete, restrict processing, the right to data portability, the right to object, including the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal. The data subject has the right to lodge a complaint with the President of the Office for the Protection of Personal Data if they consider that the processing of their personal data violates the provisions of the General Data Protection Regulation of 27 April 2016. 
6. The Winner's personal data in the scope of: name and surname or username on Facebook or Instagram may be made available to other users of the Facebook or Instagram social network in connection with the provision by the Organiser on their profiles in these services of information about the results of the Contest, if the Participant gives separate consent to this.  
7. The data of the Participants of the Contest will be kept for the period necessary to fulfil the purposes set out in the Regulations and to fulfil any obligations related thereto (including the expiry of the limitation period for claims and tax obligations).
8. The Organiser shall apply technical and organisational measures aimed at ensuring that the personal data entrusted to it is properly secured, appropriate to the risks and categories of data protected. In particular, the Organiser shall take into account the risks involved in the processing of the data resulting from:
(a) accidental or unlawful destruction,
b) loss, modification, unauthorised disclosure of the data,
c) unauthorised access to personal data transmitted, stored or otherwise processed.
 
§8 Complaint procedure
1. All complaints and objections concerning the conduct of the Contest should be submitted, together with justification, by e-mail to: sklep@ewamichalak.pl . In the title of the message write: "Competition – Motto".
2. Complaints sent in violation of point 1 will not be considered.
3. Complaints submitted will be considered by the Organiser immediately, however no later than within 7 (seven) working days of receipt of the complaint. When considering the complaints, the Organiser shall rely on the content of the Rules and Regulations and generally applicable provisions of law.
4. The persons who submitted complaints in accordance with the Regulations in force shall be notified by the Organiser about the manner of their consideration by e-mail within 7 (seven) working days from the date of complaint consideration at the latest.
 
§9 Copyright
1. Upon entry into the Contest, the Participant transfers to the Organiser the proprietary copyrights to the comment referred to in §3.1 of the Regulations (hereinafter also referred to as the "Creation"), free of charge, without any time and territorial restrictions, in the following fields of exploitation:
a) recording on any audio-visual and audio-visual medium, in particular on: video media, photosensitive tape, magnetic tape, computer disks and all types of media intended for digital recording,
b) multiplication by any technique, including: magnetic technique on video tapes, audiovisual discs, by photosensitive and digital technique, by computer recording technique on all types of carriers adjusted to this form of recording, production of specific technique of copies of works, including printing, reprography, magnetic recording and digital technique,
c) circulation of the original or copies on which the Creation has been recorded - introduction of multiplied carriers into circulation in Poland and abroad, lending of the original or copies,
d) distribution of the Creation in a manner other than specified in points from 1) to - 2) - public performance, exhibition, display, and also making the Creation available to the public in such a way that everyone can have access to it at a place and time of their own choosing, including, in particular, making it available on websites,
e) introduction into computer memory and into a multimedia network in an unlimited number of broadcasts and volumes,
f) use in multimedia works,
g) marketing with the use of Internet and other data transmission techniques using telecommunication, computer and wireless networks,
h) use of the Creation and fragments thereof for promotional and advertising purposes,
i) use for marketing purposes, including advertising, promotion of identification, products and services and other manifestations of business activity.
2. The Participant authorises the Organiser to exercise the dependent rights to the Creation, to the extent justified by the use of the Creation in the above fields of exploitation, including to modify the Creation, to combine it with other works, to transfer it to other entities for the purpose of modification.
3. The Participant undertakes not to exercise his/her moral rights in relation to the Creation.
 
§ 10 Final provisions
1. The text of the Terms and Conditions is available at the address indicated by the Organiser and on the website: link. Failure to comply with the terms and conditions of the Regulations may result in the Participant's exclusion from the game with simultaneous expiration of the right to the Prize.
2. In matters not regulated by the Regulations, the generally applicable provisions of the law shall apply, in particular the provisions of the Polish Civil Code, the Polish Act on Copyright and Related Rights, the provisions of Regulation 2016/679 of 27 April 2016 of the European Parliament and the EU Council on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) and the Polish Act on Personal Data Protection.

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