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Terms & Conditions

§1 General provisions

 

1. The House of Cotton online store (hereinafter the "Store") conducts retail sales via the Internet, on the basis of these Regulations (hereinafter "Regulations").

2. The owner of the Store is: House of IdeasLLC, 810 Pony Express RD Cheyenne, WY 82009, USA, email address: sklep@houseofcotton.pl.

3. The Regulations are an integral part of the sales contract concluded with the Customer.

4. The condition for concluding the sales contract is the acceptance of the Regulations by the Customer.

5. The shop sells fabrics, haberdashery and sewing accessories.

 

§2 Goods

 

1. All goods offered in the Store are new and free from physical defects.

2. Fabrics offered in the Store come from producers (Polish and EU countries), and the textiles are sewn to order by us or by people cooperating with us.

3. Prices do not include shipping costs, which should be added to the price of goods, depending on the selected shipping method. Invoices sent by e-mail (electronic invoices) do not require a signature. The store reserves the right to introduce promotional prices without specifying the duration of the promotion. Promotions cannot be combined with each other.

4. In our store, we take photos of the goods we sell and try to be as close to reality as possible. The actual appearance of the goods may, however, differ from that shown in the photo, especially when it comes to colors, the display of which is influenced by e.g. monitor settings.

5. The differences between the actual appearance of the goods and their photo on the website, described in point 4, do not constitute physical defects and cannot be the basis for recognizing the non-compliance of the goods with the contract.

6. Some goods may be unavailable at the moment. The inventory of goods is automatically updated, however, there may be a situation where, between adding the goods to the basket and the execution of the order, someone else makes a purchase earlier. Also in the case when you order a product made of a fabric offered in the Store, which will be purchased between the choice of fabric from among those currently available and the completion of the order. Then the Store will immediately notify about the situation and present the delivery date of the fabric to the best of its knowledge it will receive from the supplier.

7. The store reserves the right to:

- entering and withdrawing goods from the store's offer during the day;

- changes in prices of offered goods and withdrawal of promotions without prior notification of customers (the binding price is the price of the goods at the time of ordering).

 

§3 Orders

 

1. Orders can be placed around the clock via the form available on the Store's website, we do not accept orders placed by e-mail or telephone, except in exceptional, occasional situations. Orders accepted by e-mail and by phone are subject to the risk of error, moreover, their implementation takes longer.

2. The condition for the contract to be processed is that the Customer provides data allowing for verification of the Customer and the recipient of the goods. The store confirms the acceptance of the order by e-mail or by phone.

3. If it is not possible to confirm the order and / or contact the customer for reasons attributable to the customer (eg customer data is incomplete or incorrect), it will be considered as not submitted after five working days.

4. The parties are bound by the information contained on the Store's website at the time of placing the order, in particular: price, product characteristics, its features, elements included in the set, date and method of delivery.

5. The given prices or any other data about the goods on the Store's website do not constitute an offer within the meaning of the Civil Code. do not constitute a binding offer of the Store. The purpose of presenting the information is to invite customers to place orders. By placing an order, the customer submits an offer to purchase a specific product. The contract of sale is concluded when the Order is confirmed by the Customer by clicking on the confirmation link in the e-mail sent to the Customer by the Store.

6. Placing an order in the Store is tantamount to accepting these regulations, as well as consenting to the storage and processing of the Customer's personal data contained in the order by the Store.

 

§4 Payments and delivery costs

 

1. The customer can choose the following forms of payment:

- transfer

- PayPal

- electronic payments (instant transfer and payment card)

2. Available forms of electronic payments that can be used to make payments:

- BLIK

- GPay

- Instant transfers from banks:

  • mBank
  • ING
  • iPKO
  • Santander
  • Peakao
  • Millennium
  • Alior
  • Credit Agricole
  • Inteligo
  • BNP Paribas
  • Get in
  • T-Mobile Banking Services
  • Citi Handlowy
  • Postal24
  • Nest Bank
  • Plus Bank
  • BOS
  • PBS
  • Toyota Bank
  • Noble Bank
  • Envelo Bank
  • Volkswagen Bank
  • Cooperative Bank in Sztum, Lututów, TOruń, Biała Rawska, Bank Spółdzielczy Rumia, Krakowski Bank Spółdzielczy

- Transfer from another bank / traditional transfer (after selecting the option: "I have an account in another bank")

- Credit cards:

  • Visa
  • Visa Electron
  • MasterCard
  • MasterCard Electronic
  • Maestro

3. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will refund to the bank account assigned to the payment card of the Ordering Party.

4. The delivery price list is available in the tab Delivery costs.

5. Details for the transfer are provided in the tab Contact and company details.

6. Electronic payments are made through Dotpay SA, based in Kraków, 30-552 Kraków, at 72 Wielicka Street, registered by the District Court Kraków-Śródmieście in Kraków, 0000296790th Commercial Division of the National Court Register under the number 634, NIP number 26 -61-860-6342661860, NIP EU PL240770255, REGON number 4.000.000,00 and share capital in the amount of PLN 6, fully paid in cash, and Blue Media SA, headquartered in Sopot, ul. Powstańców Warszawy 81, 718-0000320590 Sopot, registered in the District Court Gdańsk-Północ, VIII Commercial Division of the National Court Register under number 585, NIP 13-51-185-191781561, REGON 2.000.000,00 and share capital in the amount of PLN XNUMX, paid up in full .

7. In the event of failure / resignation from electronic payments, it is possible to make a payment by bank transfer to the above account, after informing the Store (sklep@houseofcotton.pl) about changing the payment method for transfer.

8. The condition for the release of the goods is payment for the goods and shipment. The customer should settle the payment within 7 days. After this time, the order will be canceled.

 

§5 Shipment of goods

 

1. The ordered goods are sent by the Store via shipping companies (Poczta Polska, Inpost or another courier company).

2. The time of execution of orders on delivery is counted from the moment of receiving the payment for the order or confirmation of changes in the order made by the Customer. 

3. In the case of payment by ordinary bank transfer, the shipping date is extended by the period between placing the order and the date the payment is credited to the Store's bank account.

4. If the customer chooses the method of payment by bank transfer or payment card, the order processing time is counted from the date of crediting the Seller's bank account or settlement account.

5. The order fulfillment date is given in the tab Delivery costs

6. The store reserves the right to change the date in the event of a temporary shortage of goods in the warehouse or in the printing house due to reasons beyond the store's control.

7. Shipments not collected by the customer after two unsuccessful delivery attempts by the courier will be returned to the sender at the customer's expense.

 

§6 Complaints

 

1. The Store is obliged to deliver the goods to the Customer without defects. If the purchased goods are defective, the customer has the right to submit a complaint to the Store under the warranty (basis - the Civil Code). The basis for accepting the complaint is the Customer's presentation of the proof of purchase of the goods (invoice) or the order number, or the name for which the order was placed.

2. In the event of non-compliance of the goods with the contract, the Customer should send the defective goods back to the Store together with a description of the non-compliance. The returned goods should be intact, including complete and no signs of use, in particular, they cannot be cut or washed.

3. In order to facilitate the processing of the complaint, the Customer should include the following information in the content of the complaint:

- information and circumstances regarding the subject of the complaint, in particular the type and date of non-compliance / defect;

- request for a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement;

- contact details of the person submitting the complaint

4. The customer has the right to demand a price reduction / refund or repair / replacement of the advertised product.

- Price reduction / refund: The Customer may request a price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a Product free from defects or to remove the defect. The reduced price should remain in such proportion to the price resulting from the Sales Agreement in which the value of the Product with the defect remains to the value of the Product without a defect. The Customer may not withdraw from the Sales Agreement if the defect is irrelevant.

- Repair / replacement: The Customer may request replacement of the Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with one free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer. The Seller may refuse to satisfy the Customer's request if it is impossible to bring the defective Product into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement.

5. If the Seller does not respond to the Customer's requests within 14 days, it means that he considered the Customer's requests justified. If the implementation of the Customer's requests results in the delivery of a new or repaired product, the Seller shall bear the delivery costs. The customer who is a consumer has, inter alia, the following options for using out-of-court complaint and redress procedures:

- The customer is entitled to apply to the permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement.

- The customer is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller.

6. The store will respond to the customer's complaint within 7 working days from the moment of returning the goods, together with a description of the non-compliance. Within 7 business days of the decision to accept the complaint, it will be recognized in the manner chosen by the Customer: refund, repair of damage or replacement of the product with a defect-free one.

7. When the implementation of a justified complaint involves sending a new product to the Customer or removing non-compliance, the delivery costs are borne by the Store.

8. If the complaint regarding the goods for which the payment was made with the payment card is accepted, the funds will be returned to the same card.

9. Fabrics are dyed and printed using various methods and some of them may be dyed. Please check if they dye before combining with other colors. Coloring is not the basis for a complaint.

10. Cotton shrinkage is 5-10%. Please order with reserve and steaming the fabrics before sewing (soaking in water at the temperature in which they will be washed later). Shrinkage of fabrics in washing is not the basis for a complaint.

11. Individual settings of the Customer's computer and monitor causing incorrect or distorted display of information about the goods (eg colors) cannot be the basis for the complaint.

 

§7 The right to withdraw from the contract

 

1. A customer who is a consumer within the meaning of Art. 221 of the Civil Code, has the right to withdraw from the contract without giving reasons and incurring additional costs within 14 days of receiving the product.

2. Withdrawal from the contract is made by submitting a declaration (template for download, e.g. here) and sending in electronic form to the address of the Store (sklep@houseofcotton.pl) or in paper form to the address of House of Ideas, ul. Leszczyńskiego 17C 02-496 Warsaw.

3. The customer is obliged to immediately, within 14 days of submitting the declaration of withdrawal from the contract, send the returned goods to the store (to the address of House of Ideas, Leszczyńskiego 17C 02-496 Warsaw) or hand it over to a person authorized by the Store for collection, unless that the Store offered to pick up the product itself. To meet the deadline, it is enough to return the product before its expiry.

4. If the Store does not offer to pick up the product from the Customer itself, then the Store may withhold the reimbursement of payments received from the Customer until the product is returned or the Customer provides proof of its return, whichever occurs first.

5. The Store shall immediately, no later than within 14 calendar days from the date of receipt of the Customer's declaration of withdrawal from the contract, return to the Customer all payments made by him, including the cost of product delivery (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Store).

6. The customer bears the direct costs of returning the goods (shipping costs), but should pay attention to the fact that the goods sent to the Store are undamaged. In connection with the above, the Store does not accept returns sent “cash on delivery”.

7. The customer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item. The customer also bears the cost of returning the products if, due to their nature, the products cannot be returned by regular mail.

8. The right to withdraw from a contract concluded outside the business premises or at a distance is not available to the consumer in relation to contracts:

a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur will lose the right to withdraw from the contract;

b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

c) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;

d) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;

e) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

f) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;

g) in which the subject of the service are alcoholic beverages, the price of which has been agreed at the conclusion of the sales contract, and whose delivery may take place only after the expiry of 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;

h) in which the consumer expressly demanded that the entrepreneur came to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the consumer has the right to withdraw from the contract in respect of additional services or items;

i) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

j) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;

k) concluded through a public auction;

l) for the provision of accommodation services other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;

m) for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after being informed by the entrepreneur about the loss of the right to withdraw from the contract.

 

§8 Privacy protection

 

1. By placing an order, the Customer agrees to the processing of his personal data only for the purpose of executing the order.

2. Personal data provided to us by clients are processed in a manner consistent with the scope of the authorization granted by clients and legal requirements, in particular in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC, the so-called GDPR. We store clients' personal data on servers that ensure their full security. Only authorized employees of the Store have access to the database.

3. The store does not transfer, sell or lend the collected personal data of customers to third parties, unless it is done with the express consent or at the request of the customer or at the request of state authorities authorized under the law in connection with pending proceedings.

4. In order to perform the contract, the online store may share the data collected from customers with the following entities:

i) courier companies,

ii) payment system operators

iii) companies providing internet accounting services

iv) companies providing CRM services

In such cases, the amount of data transferred is limited to the required minimum.

In addition, the information provided by customers may be made available to competent public authorities, if required by applicable law.

5. The Customer may also express a separate consent to receive advertising and promotional materials, including the newsletter, from the Store.

6. The customer has the right to inspect their data and correct them, as well as to request removal.

7. Detailed regulations regarding the protection of personal data and cookies can be found in the tab Privacy Policy.

 

§9 Intellectual property

 

1. It is forbidden to use any materials published on the Store's website (including photos, descriptions of goods and tutorials) without the Store's written consent and without providing their source.

 

§10 Entrepreneurs with consumer rights (effective from 1.01.2021/XNUMX/XNUMX)

1. An entrepreneur running a sole proprietorship is protected under the Act on Consumer Rights, provided that the Sales Agreement he concludes with the Seller is not of a professional nature (i.e. that he does not buy fabrics in order to sew products for sale from them, but for personal use).

2. A person running a business referred to in point 1 of this paragraph is protected only to the extent of:

- prohibited contractual provisions - the so-called abusive clauses,
- liability under the warranty for physical and legal defects of the Product,
- the right to withdraw from a distance contract, in accordance with point V of the Regulations.

3. The entrepreneur referred to in point 1 of this paragraph loses the rights under consumer protection in the event that the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland. Poland, in particular the codes of the Polish Classification of Activities indicated therein.

4. The entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for Consumers by poviat consumer ombudsmen as well as the President of the Office of Competition and Consumer Protection.

 

§11 Final provisions

 

1. The Regulations come into force upon their publication.

2. In matters not covered by these regulations, the relevant provisions of the Civil Code shall apply. If it is not possible to resolve the dispute amicably, the matter will be examined by the competent court.