Terms and Conditions of the SO FLUFFY Online Store

§ 1. General provisions

1. These Terms and Conditions, hereinafter referred to as the ‘Terms and Conditions’, set out the rules for using the online store located at the URL https://sofluffy.com.pl, hereinafter referred to as the ‘Store’.

2.The Shop is operated by SO FLUFFY Sylwia Cygan with its registered office at: ul. Rejtana 4/4, 50-002 Wrocław, NIP 8992624623, REGON: 387479304, entered in the Central Register and Information on Economic Activity, hereinafter referred to as the ‘Administrator’.

3. The Shop’s address and contact details: website – www.sofluffy.com.pl, e-mail: kontakt.sofluffy@gmail.com, postal address – ul. Rejtana 4/4, 50-002 Wrocław.

4. Before using the Shop, each person should read its Terms and Conditions.

5. In order to make purchases in the Shop, the Customer must have an active and functional e-mail account.

§ 2. Types and scope of the Shop’s activities

The Shop conducts distance selling of a range of textile products via the Internet.

§ 3 Privacy policy

1. By completing the purchase form and ticking the box next to the relevant statement, the customer consents to the collection and processing of their personal data in accordance with the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 2002, No. 101, item 926, as amended) by the Administrator for the purposes necessary to implement the provisions of these Terms and Conditions and the services provided on their basis.

2. The Personal Data Administrator is SO FLUFFY Sylwia Cygan with its registered office at: ul. Rejtana 4/4, 50-002 Wrocław, NIP 8992624623, REGON: 387479304, entered in the Central Register and Information on Economic Activity.

3. The Data Controller has entrusted the processing of personal data to Getresponse, contact details: sales@getresponse.com

4. Only personal data provided voluntarily by the Customer is collected. The data is processed for the purposes necessary to implement the provisions of these Terms and Conditions, in particular for the purpose of:

– concluding a contract for the sale of the ordered goods,

– delivering the goods ordered by the Customer to the Customer,

– issue a document confirming the sale of the goods,

– record the transaction in the Shop’s IT accounting system for the period required by law and store personal data in the IT accounting system to ensure the history of commercial transactions made by the Shop,

– store the Customer’s personal data in the Customer database.

5. With additional consent granted by the Customer, the collected personal data may also be used for promotional and marketing purposes, including in particular to present the Customer with the store’s commercial offer and other marketing information related to the Store.

6. In the case of subscribing to the newsletter and consenting to receive it during the registration process or when placing an order (consenting to receive commercial information by electronic means), it is only necessary to provide an e-mail address to which commercial information from the Administrator will be sent. The Customer may unsubscribe from receiving such information at any time by clicking on the unsubscribe link in the footer of each newsletter.

7. The data provided when placing an order is also processed by the following entities to the extent specified: name, address, telephone number, e-mail address indicated as the delivery address are forwarded to transport companies in the form of a label/waybill, which is also a delivery order.

8. The Customer has the right to access their personal data at any time, as well as the right to correct it and request its removal.

9. The Administrator informs that the Customer is not obliged to provide their personal data, however, refusal to provide it will prevent the proper performance of the services specified in the Terms and Conditions and the benefits resulting from the contract concluded between the Shop and the Customer.

10. The collected data is carefully protected in accordance with applicable regulations. The Administrator makes every effort to ensure an appropriate level of security for the stored data.

11. The Shop uses cookies. When a Customer visits the Shop’s website, the Shop’s system sends at least one cookie to the Customer’s computer in order to uniquely identify the browser. The Shop’s server automatically records information sent by the Customer’s browser when viewing websites. Server logs may contain information such as network requests, IP address, browser type and language, date and time of the request. This information allows us to improve the quality of our services by identifying and storing Customer preferences and tracking trends, such as how our website is searched. The Customer may refuse to accept cookies, thereby remaining anonymous, but by not allowing cookies to be stored, the Shop will not be able to identify the Customer or their preferences. Detailed information about cookies is contained in the Cookie Policy available in the Cookies tab.

12. The Shop informs Customers that the services offered through the Shop are provided via the public Internet network. In connection with the above, the Shop draws Customers’ attention to the fact that the use of the Shop’s services may involve the risk of third parties interfering with the transmission of data sent via the Internet between the Shop and the Customer.

13. Information on the rules and methods of recording, securing and making available to the other party the content of the contract concluded by the Shop:

– The content of the contract concluded is recorded, secured and made available by sending an appropriate e-mail after the conclusion of the Sales Contract.

– The content of the concluded Sales Agreement is recorded, secured and made available by sending the content of the concluded agreement to the Customer’s e-mail address or by providing the Customer with the Order specification and proof of purchase.

• The content of the concluded agreement is additionally recorded and secured in the Service Provider’s ICT system and made available at the Customer’s request.

§ 4. Technical requirements

1. In order to use the Store properly and without disruption, the Customer’s terminal station/device should meet the following minimum technical requirements:

– active internet connection,

– 800 MHz processor or higher, at least 1024 MHz RAM.

– Operating system at least Windows XP or newer.

acceptance of cookies and Java scripts enabled.

2. The Shop is not obliged to provide the above devices and/or software.

3. The installation of the software referred to in paragraphs 1 and 2 is subject to a separate licence agreement between the Customer and the licensor.

4. The shop’s website is adapted to a screen resolution of 1024×700.

§ 5. Terms and conditions of purchase

1. The information provided on the Store’s website, including information about the products presented, in particular their descriptions, technical and functional parameters, and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

2. Before confirming the purchase, the Shop provides the Customer with the following information:

– a detailed description of the product and its features;

– the total price of the ordered products, including taxes, as well as the cost of transport, delivery or postal services, and a summary of the total amount of the order with the selected delivery option

– information about the method and date of payment

– information about the method and date of performance by the trader.

3. Purchasing a Product does not require registration in the Shop.

4. Orders are placed using the form available on the shop’s website, accessible by clicking the ‘order with obligation to pay’ button under the description of the product, or in the summary of the shopping list/basket, in which the Customer provides the following data:

– First and last name or company name

– Email address

– Telephone number

– Country

– Shipping address

– Account name and password (for first-time purchases)

• Comments on the order (e.g. invoice details)

5. The Customer places an order after reading the information specified in the Terms and Conditions of the store and the information indicated in section 2, which will be displayed in electronic form in the last stage of completing the electronic form preceding the expression of will to be bound by the contract by clicking the ‘Order with obligation to pay’ button. After reading the information collected for a given Customer order, the Customer expresses their willingness to be bound by the contract by pressing the ‘Order with obligation to pay’ button.

6. All prices quoted on the Store’s website are in Polish zlotys and include VAT. The price displayed in the basket summary before placing the order includes shipping costs in accordance with the option selected by the Customer.

7. The Store undertakes to deliver goods free from defects.

8. The order is considered accepted for processing after the Shop confirms acceptance of the order placed by the Customer.

– Confirmation of order acceptance is sent automatically after the Customer places the order.

– The Shop may suspend the acceptance of an order if there are doubts as to the authenticity or accuracy of the data provided by the Customer in the registration form. In such a case, the Shop will immediately contact the Customer to clarify the doubts in question.

– If some of the products included in the order are unavailable, the Customer shall be immediately informed thereof. The Customer shall decide whether the order is to be partially fulfilled or cancelled in its entirety.

9. The Customer and the Shop are bound by the price of the Product valid at the time of placing the order.

10. The Shop accepts the following payment methods:

– standard bank transfer,

• electronic payment system: Przelewy24 (credit cards, online transfers, postal order), Paypal, deferred payments PayPo and credit cards).

11. The payment deadline is 5 days from receipt of confirmation of acceptance of the order for processing by the shop.

12. The contract is considered concluded upon confirmation of acceptance of the order in the case of cash on delivery payment or upon payment by the Customer, after prior receipt of confirmation of acceptance of the order for processing.

13. The ordered goods are shipped within 2-7 working days from the date of receipt of payment for the product. The processing time for personalised orders and pre-orders may change and be extended up to 10 days.

14. Shipments are sent via the InPost courier company or to InPost parcel lockers. Shipping costs are specified in the Shipping tab. The cost of international shipments is determined individually with the Customer, depending on the destination.

15. When ordering several items, the goods are generally packed together in one shipment, unless the customer selects a different packaging method and selects the option of separate delivery for each product.

16. The customer will be notified of the shipment by email. When choosing courier delivery, the customer will receive the shipment number by email.

17. If the goods are to be sent by the Shop to a Customer who is a consumer, the risk of accidental loss or damage to the goods passes to the Customer upon delivery to the Customer. Delivery of the goods is deemed to have taken place when the Shop entrusts them to the carrier, if the Shop had no influence on the buyer’s choice of carrier.

18. The contract withdrawal form is attached as Appendix 1 to these Terms and Conditions.

19. Upon payment for the product, a receipt confirming the purchase is sent to the email address provided when placing the order. A VAT invoice is issued at the Customer’s request. The Customer is obliged to provide all the data necessary for the correct issuance of a VAT invoice:

– First and last name/company name,

– Address of residence/registered office,

– Tax Identification Number (for companies), Personal Identification Number (for individuals),

– Order number,

– Correspondence address

20. Each Customer who registers or places an order agrees to receive information related to the transaction and notifications of changes to these Terms and Conditions at the email address provided.

21. Other information concerning the operation of the Website, as well as commercial information about new products or services of the Website, promotions of the Website and promoting products of the Administrator’s partners will be sent only to those Customers who have given their consent.

22. During the ‘free elastic band’ promotion, when placing an order for a certain amount, the customer receives a free elastic band. Its size depends on the order amount. A MINI silk elastic band for orders exceeding PLN 149 but not reaching PLN 299. A silk MIDI hair tie for orders exceeding £299 but not reaching £399. A silk MAXI hair tie for orders exceeding £499. The promotional amount only includes the products ordered – delivery costs are not included in the promotion. The promotion is only valid at the time of purchase. In the event of a return or complaint regarding the entire order or part of it, reducing the value of the remaining products below the promotional amount for which the customer qualified when placing the order, the customer loses the opportunity to take advantage of the promotion. In this situation, the promotional product is also subject to return. At the customer’s request, it is possible to keep the promotional product (i.e. the silk hair tie) while reducing the refund amount by the regular price of the promotional product.

23. Customers wishing to take advantage of the promotion for a second product at a lower price are required to purchase a minimum of two products, with the discount being applied to the cheaper of the two (or either one if both are the same price). The percentage value of the discount depends on the specific promotional campaign. If you take advantage of a promotion entitling you to a discount on the second product, it is possible to return the discounted product. If a product purchased at the regular price is returned, the customer loses the right to take advantage of the promotion, and therefore it is necessary to return the discounted product or pay the difference between the price of the second product and the regular price, without the discount.

24. No discounts or freebies are included with the purchase of a Gift Card, including those to which the User may be entitled under the store’s current discount policy.

§ 6. Complaints

1. With regard to complaints, a Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827 of 24 June 2014).

2. In the case of products from an outlet, the consumer is not entitled to exercise the right to complain.

3. The shop is liable to the Customer under the warranty if the item sold (goods) has a physical or legal defect. A physical defect consists in the non-compliance of the item sold (goods) with the contract. In particular, the item sold (goods) is not in conformity with the contract if:

– it does not have the characteristics that an item of this type should have due to the purpose specified in the contract or resulting from the circumstances or intended use;

– it is not suitable for the purpose which the Customer informed the Shop about when concluding the contract, and the Shop did not raise any objections as to such purpose;

– it was delivered to the Customer in an incomplete state.

4. Complaints regarding the ordered goods may be submitted by e-mail to kontakt@sofluffy.com.pl or by registered letter to the following address: ul. Rejtana 4/4, 50-002 Wrocław.

5. When submitting a complaint, please provide the following information: the Customer’s first and last name, address, details allowing for the identification of the sale (e.g. e-mail, order number, transaction date), subject and reason for the complaint, contact details.

6. When determining how the Shop will fulfil its obligations in relation to a complaint regarding physical or legal defects of goods, a Customer who is a consumer has the right to submit a statement requesting a price reduction or withdrawal from the contract, unless the Shop immediately and without undue inconvenience to the Customer replaces the defective item with a non-defective one or removes the defect. This restriction does not apply if the item has already been replaced or repaired by the seller or if the Store has not fulfilled its obligation to replace the item with one free of defects or to remove the defect.

7. If the Customer is a Consumer, they may, instead of the removal of the defect proposed by the Store, demand that the item be replaced with one free of defects or, instead of replacing the item, demand that the defect be removed, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Store. When assessing the excessive nature of the costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would be exposed by another method of satisfaction.

8. The reduced price should remain in such proportion to the price resulting from the contract as the value of the defective item remains to the value of the non-defective item.

9. The customer may not withdraw from the contract if the defect is insignificant.

10. Complaints submitted by the Customer shall be considered within 14 days of their submission. Failure to make a statement within this period shall be deemed as acceptance of the claims submitted by the Customer.

11. The Customer will be notified of the resolution of the complaint by the same means by which the complaint was sent, unless the Customer specifies another form of contact. The resolution of the complaint will also be sent by e-mail to the e-mail address provided by the Customer.

12. In the event of a positive resolution of the complaint, the Shop shall send the Customer Goods free from defects or with the defect removed within a reasonable time. If repair or replacement of a given product is not possible for the reasons indicated in sections 5 and 6, the Store shall, in accordance with the alternative request submitted by the Customer, reduce the price or refund the equivalent of the product price, plus shipping costs.

§ 7. Withdrawal from the contract

1. Pursuant to the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827) A customer who is a consumer has the right to withdraw from the contract in writing without giving any reason within fourteen days from the date of delivery of the goods, i.e. from the moment when the customer came into possession of the goods or when a third party other than the carrier indicated by the customer came into possession of the goods. To meet the fourteen-day deadline referred to in paragraph 1, it is sufficient to send a statement of withdrawal before its expiry. The Shop allows the possibility of submitting a statement of withdrawal from the contract by e-mail to the following address: kontakt@.sofluffy.com.pl. After receiving the statement by e-mail, the Shop shall immediately send the Customer who is a consumer a confirmation of receipt of the statement of withdrawal from the contract.

2. The consumer may not withdraw from the sales contract in the case of purchasing goods made to a special, individual order, with particular regard to personalised products and products ordered in the pre-order option.

3. Pursuant to Article 38 of the Consumer Law, the consumer does not have the right to withdraw from a contract in which the subject of the service is an item delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging was opened after delivery.

4. In the event of withdrawal from the contract, the Customer is obliged to return the goods to the following address: ul. Rejtana 4/4, 50-002 Wrocław immediately, but no later than 14 days from the date on which they withdrew from the contract. The returned goods should be packed in such a way as to prevent damage during transport. In the case of silk, special attention should be paid to creases, which, in the event of strong pressure (e.g. when shipped in an envelope), cause irreversible damage to the material, thus causing permanent damage to the product.

5. If the Customer exercises the right referred to in paragraph 1, the direct costs of returning the goods shall be borne by the Customer.

6. In the event of withdrawal from this contract, the Customer shall be refunded all payments received from them, including delivery costs (except for additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery method offered by the Shop), immediately, and in any case no later than 14 days from the date on which the Shop was informed of the Customer’s decision to exercise their right to withdraw from the contract with the Shop.

7. The Store shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of refund which does not involve any costs for them.

8. The Store may withhold the refund until it receives the returned Goods (items) or until it receives proof of return of the Goods in connection with the withdrawal, whichever occurs first.

9 If the Customer, being a consumer, has chosen a method of delivery of the item (goods) other than the cheapest standard method of delivery offered by the trader (applies to the method of original delivery to the Customer), the trader is not obliged to reimburse the Customer for the additional costs incurred by him. In the event of a partial return of the order (not the entire order), the Customer is not entitled to a refund of shipping costs.

10. In the case of products that are personalised or made to order, a longer delivery time should be taken into account. In the event of an extension of the delivery time, the seller will inform the customer of this fact by email. An extended delivery time does not entitle the Customer to withdraw from the contract.

11. If the Customer fails to collect the parcel, it will be returned by the carrier to the Store. If, in such a situation, the Customer expresses their willingness to continue to be bound by the sales contract, they are obliged to compensate the Store for the damage incurred, the amount of which corresponds to the cost of return delivery according to the carrier’s rates. The Customer is also obliged to re-select the delivery method and cover the cost of re-delivery.

12. If the parcel is not collected by the Customer, it shall be returned by the carrier to the Store. If, in such a situation, the Customer does not wish to continue to be bound by the sales contract, i.e. withdraws from the contract, they shall be obliged to compensate the Store for the damage incurred, the amount of which shall correspond to the cost of return shipping according to the carrier’s rates.

13. If, in the situation referred to in points 12 and 13 of § 7 of the Terms and Conditions, the Customer does not take a position on the matter within 30 days, i.e. neither expresses their willingness to continue to be bound by the sales contract nor withdraws from the contract, the Shop may withdraw from the sales contract within the next 7 days by sending a statement of withdrawal to the Customer’s e-mail address provided by them. The Customer shall be obliged to compensate the Shop for the damage incurred, the amount of which shall correspond to the cost of return shipping according to the carrier’s rates. The Shop shall settle with the Customer within 14 days from the date of withdrawal from the contract.

 § 8. Gift cards

1. Gift cards can be used on the website www.sofluffy.com.pl. A gift card can be used to pay for the entire order or part of it. If the value of the gift card is less than the purchase value, you can choose an additional payment method to complete the transaction. Gift cards can only be used once. If the value of the order is less than the purchase value, the unused funds will not be refunded. Any remaining amount on the card is non-refundable and cannot be exchanged for cash. Gift cards are only available in electronic form.

2. The SO FLUFFY gift card can be used to pay for all products in the online shop.

3. The SO FLUFFY gift card is valid for one year from the date of purchase. After the expiry date, the card cannot be used to pay for purchases, reactivated or used to spend any remaining funds. Once the Card has expired, it cannot be renewed and does not entitle the holder to make further purchases, and any unused amount remaining on the Card cannot be claimed by the Customer.

4. The Customer may use only one gift card per order. Gift cards cannot be combined.

5. The Buyer has the right to withdraw from the Gift Card sales agreement within 14 calendar days without giving any reason. However, the Buyer is not entitled to this right if they have used the Gift Card before the deadline for exercising it.

6. In the event of a refund for products purchased with the Card and returned, it will be processed as follows: a new code authorising purchases in the online store www.sofluffy.com.pl will be generated if the purchase was also paid for by another form of payment: cash (the total value of the shopping basket was higher than the value of the gift card) – the difference will be refunded by traditional bank transfer to the account provided by the Customer when returning the product.

7. The store is not responsible for the gift card in the event of its loss, theft or destruction.

§ 8. Final provisions and description of the possibility of using out-of-court methods of handling complaints and pursuing claims

1. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is also a Consumer under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, the latter shall prevail.

2. In matters not covered by these Terms and Conditions, the provisions of Polish law shall apply, including in particular the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827 of 24 June 2014) and the Act of 23 April 1964 – Civil Code (Journal of Laws 1964 No. 16, item 93, as amended).

3. Information on the possibility for a Customer who is a consumer to use out-of-court complaint and redress procedures and the rules for access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection:

– http://www.uokik.gov.pl/spory_konsumenckie.php;

– http://www.uokik.gov.pl/sprawy_indywidualne.php;

– http://www.uokik.gov.pl/wazne_adresy.php;

4. A customer who is a consumer has, among others, the following options for using out-of-court complaint handling and redress procedures:

– Permanent consumer arbitration court operating at the Trade Inspection Authority – possibility to submit a request for resolution of a dispute arising from the concluded Sales Agreement;

– provincial inspector of the Trade Inspection Authority – possibility to submit a request to initiate mediation proceedings in an amicable dispute until the dispute between the customer and the shop is resolved;

• District (municipal) consumer ombudsman or social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation on the free consumer helpline 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl

Appendices to the Regulations

A. Return/exchange form