Terms and Privacy Policy

Terms

§ 1 

Introduction 

1. The present Terms (hereinafter referred to as 'the Terms') determine the conditions for granting License I or License II, as well as the transfer of ownership of the Pattern by Agnieszka Ładno-Michalik, conducting her business activity under the name of Z1 Agnieszka Ładno-Michalik, as registered in Centralna Ewidencja i Informacja o Działalności Gospodarczej Rzeczypospolitej Polskiej [The Central Registration and Information on Business of the Republic of Poland], the entity maintained by the Minister of Economy, with its registered office at ul. Wał Miedzeszyński 646, 03-994 Warszawa, NIP [Tax Identity Number]: 113-210-89-01, REGON [National Business Registry Number]: 015652662, hereinafter referred to as 'the Licensor', to the Licensee defined below.

2. The Terms both apply to Consumers and Entrepreneurs, being subject to the fact that the application of provisions of § 9 of the Terms is excluded with regard to Entreprenerus, while the provisions of § 10 of the Terms do not apply in the case of Consumers.

3. The Terms also constitute the agreement template.

§ 2 

Definitions 

The capitalised terms contained therein shall have the meaning as given below by the Parties:

1. Price – shall mean the price for the delivery service as adopted by a given delivery service provider.

2. Delivery – shall mean the delivery service, the indication of a given delivery service provider and its Price adopted, as well as the section bearing the 'Delivery' heading within the Order Form.

3. Calendar Days – shall mean the consecutive days within the calendar.

4. Specimen/Pattern – shall mean a unit of the Project in the form of a tailor's Pattern offered in the Store.

5. Order Form – shall mean the form to be completed by the Licensee in order to place an order.

6. Civil Code – shall mean the Act dated________________________ 

7. Consumer – shall mean a natural person with full legal capacity as performing a legal transaction with the Entrepreneur which is directly related neither to their business nor professional activity.

8. Contact – Agnieszka Ładno-Michalik conducting her business activity under the name of Z1 Agnieszka Ładno-Michalik

a) address: ul. Wał Miedzeszyński 646,03-994 Warszawa

b) phone no.: 690-006-735 

c) e-mail: shop@thecostiumer.com 

d) bank account number: 58-2490-0005-0000-4500-3119-0460 

9. Basket – shall mean the specification of Specimens/Patters selected by the Licensee from among the items made available in the Store.

10. License I – shall mean a non-exclusive license for using the Project without any right to sub-license it as granted by the Licensor to the Licensee being a Consumer within the scope being indispensable for the use of the Project by the Consumer in order to reproduce the design as a Product and as providing a basis for the Customer to: a) preserve and multiply the Project in order to perform a cut-out, b) reproduce the Product, c) use the Product.

11. License II – shall mean a non-exclusive licence for the use of the Project without any right to sub-license it as granted by the Licensor to the Licensee being an Entrepreneur without any right to sub-license it with regard to the industrial production of Products within the fields of use as follows: a) within the scope of preserving and multiplying the Project, namely reproducing particular units of the Project regardless of the manner adopted, both as adopting the forms of a cut-out or finished Product, b) within the field of distribution – subjecting the said Products into circulation.

12. Licensee – shall mean a natural person with full legal capacity, a legal person or an organisational unit having no legal personality which concludes the License Agreement with the Licensor via the Store.

13. Licensor – shall mean Agnieszka Ładno-Michalik, running her business activity under the name of Z1 Agnieszka Ładno-Michalik, as registered in Centralna Ewidencja i Informacja o Działalności Gospodarczej Rzeczypospolitej Polskiej [The Central Registration and Information on Business of the Republic of Poland], the entity maintained by the Minister of Economy, with its registered office at ul. Wał Miedzeszyński 646, 03-994 Warszawa.

14. Copyright – shall mean the material or personal copyrights entitled to the Licensor with regard to the Project.

15. Product – shall mean a textile product, jewellery or footwear reproduced on the basis of a Project.

16. Project – shall mean the project of a textile product, jewellery or footwear whose Specimens are Offered in the Store.

17. Confirmation – shall mean an e-mail message sent to the Licensee by the Licensor after they have placed a given Order and as directed to the e-mail address indicated in the Registration or Order Forms.

18. Entrepreneur – shall mean a natural or legal person, as well as an organisational unit having no legal capacity which conclude a legal transaction with the Licensor as related to their business or professional activities

18. Terms – shall mean the present Terms.

20. Store – shall mean a web page operating at thecostiumer.shoplo.com through which the Customer concludes their License Agreement with the Licensor.

21. License Agreement – shall mean an agreement which provides the basis for the Licensor to grant / the Licensee to receive either License I or License II, as well as enables the Licensor to transfer the ownership rights to the Pattern to the Licensee.

22. Agreement on the Provision of Services – shall mean an agreement which provides the basis for the Licensor to perform an electronically rendered service to its Customers, as relying on the maintenance of the Customer Account.

23. Payment I – shall mean the gratification entitled to the Licensor and to be covered by the Licensee as provided by the License Agreement on granting License I and transferring the ownership rights to the Specimen to the Licensee.

24. Payment II – shall mean the gratification entitled to the Licensor and to be covered by the Licensee as provided by the License Agreement on granting License II and transferring the ownership rights to the Specimen to the Licensee.

25. Order – shall mean the declaration of will of the Licensee made through the submission of the Order Form for the purpose of concluding the License Agreement, as well as determining its specific conditions: the Project, Pattern, type of Payment, the Licensee, the selection of License I or License II, the terms of payment and Delivery.

§ 3 

General Provisions 

1.The Terms have been drawn up in the Polish and English languages, as in accordance with the provisions of Polish law.

2. The acceptance of Terms is voluntary, while the lack thereof shall preclude the Licensee from using the Store and placing Orders via its website.

3. The Licensor is obliged to deliver a defectless Pattern to the Consumer.

4. The expense related to maintaing communication with the Licensor shall not exceed the standard values.

5. The Terms with a template on the withdrawal from the License Agreement attached are complimentarily available on the sub-page of the Store, namely at: http://thecostiumer.com/strony/regulamin/, allowing it for the acquisition, preservation and reproduction of the said document, including the use of said files in the PDF format via the electronic information and communication system used by the Licensee. The Terms and a template on the withdrawal from the License Agreement shall also be sent to the Consumer in the PDF format to the e-mail address of the Consumer provided while placing the Order.

6. The Licensor ensures the proper operation of the Store within the following Internet browsers: Internet Explorer 5.0 or higher, Netscape 7.0 lor higher, Mozilla 1.3 or higher Google Chrome, Safari, Opera. 

7. In order to conclude the License Agreement and use the Store, it is indispensable for the Licensee to have: a) a device connected to the Internet and enabling them the use of online resources, 2) an active e-mail account, c) an Internet browser enabling it to display websites. It is recommended to use one of the browsers determined in paragraph 6 of the present Terms with the 'Cookies' option enabled.

8. The Licensee is prohibited from undertaking the following actions on pain of the immediate termination of License Agreement: a) the provision of illegal content, as prohibited by law, b) acting in a way aimed at violating the law or circumventing its regulations, as well as being contrary to the principles of coexistence within society or good morals, c) the use of the Store in a way hampering its proper operation or being inconvenient for the Licensor and other Licensees.

9. The Licensor uses the cryptogtaphic protection of electronic transfer and digital content through the use of proper logical, organisational and technical means, particularly in order to prevent the access of third parties to the data collected, including the SSL encryption, the use of permission passwords and anti-virus or anti-unwanted-programme software.

10. Simultaneously, the Licensor notifies that the use of Internet and electronically rendered services may involve the risk of gaining access to the electronic information and communication system used by the Licensee by malware or being accessed by third parties. In order to minimise the threat indicated, the Licensor recommends the use of anti-virus software by the Licensee, as well as the software protecting one's identity on the Internet.

§ 4 

The Conclusion of License Agreement 

1. The Licensee may place their Orders 24 hours a day, 7 days a week.

2. The Licensee may place their Orders through the Order Form.

3. In order to conclude the License Agreement, the Licensee is obliged to perform at least the following steps:

a) add a Pattern to the Basket,

b) select the payment method,

c) select the method of Delivery,

d) complete the Order Form,

e) activate the 'Order' button.

4. The License Agreement is concluded between the Licensor and Licensee at the moment of activating the 'Order' button.

5. After having received the Order, the Licensor sends the Confirmation to the Licensee. The Confirmation contains the details of Order placed, as well as the Terms with a template on the withdrawal from the License Agreement attached in the PDF format.

6. Within the scope of the License Agreement, as well as Payment I or Payment II, the Licensor transfers the ownership to the Pattern to the Licensee.

7. Any Copyrights to Projects are solely entitled to the Licensor.

8. In the case of using the Project of License I granted in a manner incompatible with License I, the Licensee is obliged to pay the contractual penalty of PLN 100,000 to the Licensor per each case of using the Project encompassed by License I in a way being contrary to its provisions.

9. In the case of using the Project of License II granted in a manner incompatible with License II, the Licensee is obliged to pay the contractual penalty of PLN 100,000 to the Licensor per each case of using the Project encompassed by License II in a way being contrary to its provisions.

§ 5 

Gratifications and Payments 

1. Payment I indicated in the Store is expressed in the Polish currency, constitutes a gross amount and contains the VAT amount.

2. The Delivery cost neither constitutes part of Payment I, not Payment II and has been separately determined by each individual delivery service provider in the section indicated as 'Delivery' within the Order Form.

3. The Licensee may select one of the following methods of payment:

a) payment on delivery,

b) transfer made to the following bank account of the Licensor: 58-2490-0005-0000-4500-3119-0460 ALIOR BANK 

§ 6 

Execution of Orders 

1. The execution of License Agreement concluded with the Consumer shall take place:

a) immediately – in the case of covering Payment I,

b) in the case of covering Payment I via a bank transfer – after the payment of gratification has been booked on the bank account of the Licensor.

2. The Pattern and receipt will be sent to the Licensee within the period of 3 to 7 Calendar Days since:

a) the date of conclusion of the License Agreement – if payment on delivery has been selected,

b) the date of booking the bank transfer of Payment I or Payment II on the bank account of the Licensor.

3. The Delivery shall be executed with regard to the address indicated by the Licensee in the Order. The delivery of Pattern may only take place in the territory of Poland.

4. Personal collection is possible at:ul. Wał Miedzeszyński 646, 03-994 Warszawa, Poland.

§ 7 

Warranty/Complaint 

1. With regard to the Licensee who is not a Consumer, the Licensor excludes the possibility to claim warranty related to any material or legal defects of the Project or Pattern, as in accordance with Art. 558 § 1 of the Civil Code.

2. The Licensor is responsible to the Consumer for the material defects of the Pattern, as under Art. 556 [1] of the Civil Code and the legal defects of the Pattern, as under Art. 556 [3] of the Civil Code.

3. If a material defect of the Pattern has been noticed no later than within a year since the day of Delivery of the Pattern to the Consumer, it is assumed that the source of the said defect was present at the moment of the transfer of risk to the Consumer.

4. If the Pattern has a defect, the Consumer is entitled to:

a) submit a declaration on lowering the amount applied to Payment I

b) submit a declaration on withdrawal from the License Agreement unless the Licensor immediately and without serious inconvenience inflicted to the Consumer replaces the Pattern with a defectless item or remove the defect. The said limitation does not apply if the Pattern has previously undergone replacement or reparation by the Licensor.

5. Instead of the removal of a defect proposed by the Licensor, the Consumer may either demand the replacement of the Pattern for a defectless item or demand the removal of the defect instead of receiving a new item as a replacement, unless brining the Pattern into line with the provisions of the License Agreement according to the way selected by the Licensee is deemed to be impossible or would require excessive cost incurred when compared to the way put forward by the Licensor. While assessing the excess of cost, the value of a defectless Pattern, the type and significance of the defect recognised, as well as any possible inconvenience suffered by the Licensee with another method of satisfying the demands of the Consumer adopted are taken into account.

6. The Licensee may not withdraw from the License Agreement if the defect is irrelevant.

7. If the Pattern has a defect, the Consumer may also demand: a) the replacement of the Pattern by a defectless item, b) the removal of the defect.

8. The Licensor is obliged to replace a Pattern with a defect for a defectless item or remove the said defect in a reasonable time, with no inconvenience for the Consumer incurred.

9. The Licensor may reject the fulfilment of requests of the Consumer if bringing the Pattern into line with the provisions of the License Agreement in a way indicated by the Consumer is impossible or when compared with the other possible means of bringing the Pattern into line with the provisions of the Lincense Agreement would incur excessive costs.

10. The Consumer who exercises the powers implied from the warranty is obliged to deliver the Pattern to the following address: ul. Wał Miedzeszyński 646, 03-994 Warszawa 

11. The cost of replacement or repairment of the Pattern shall be covered by the Licensor.

12. If the Consumer demanded the replacement of the product or the removal of its defect, alternatively having submitted a declaration on the lowering of its price, with the indication of the amount the price should be reduced of, while the Licensor has not responded to the request within the period of 14 days, it shall mean that the request has been deemed to be justifiable.

13. The Licensor is liable with regard to the warranty if the material defect is recognised no later than within the period of two years since the day of Delivery of the Pattern to the Licensee.

14. The period enabling one to submit claims concerning the removal of a defect or the replacement of the item for a defectless one expires on the last day of the year since the day the defect was recognised, while the course of the period of limitation cannot be terminated prior to the date determined in section 13 of the present paragraph.

15.The Consumer is entitled to submit the declaration on withdrawal from the License Agreement or the declaration concerning the lowering of the price due to the defects of the Pattern at the dates determined in section 14. If the Licensee demanded the replacement of the Pattern for a defectless one or the removal of the defect, the course of limitation period for the submission of the declaration on withdrawal from the License Agreement or the declaration concerning the lowering of the price due to the defects of the Pattern begins at the moment of the ineffective expiry of the term related to the replacement of the Pattern or removal of its defect.

16. In the case of the pursuit of one's claims before the courts or an arbitration court as related to one of the entitlements implied from the warranty, the limitation term to exercise other entitlements is suspended until the final disposals of these proceedings are made.

17. Provision 16 of the said paragraph is appropriately applied in the course of mediation proceedings, while the limitation term to exercise other entitlements begins its course on the day of rejection of the settlement agreement reached before a mediator by the courts or the day of the ineffective finish to the mediation proceedings.

18. The expiry of the term enabling one to recognise the defect does not exclude exercising one's powers implied from the warranty if the defect has been fraudently concealed by the Licensor.

19. The Licensee against whom there exist claims of a third party with regard to the Pattern is obliged to immediately notify the Licensor of the fact and call them upon to take part in the proceedings. If such an action was refrained from, while the third party had its claims positively recognised with a favourable judgement, the Licensor is exempted from any liability related to the warranty with regard to legal defects if the participation of the Licensor in the proceedings was deemed to be necessary to reveal that the claims of the third party were entirely or partly unfounded.

20. If the Licensee submitted the declaration on withdrawal from the License Agreement or the declaration concerning the lowering of the price due to the defects of the Pattern, they may demand the redress of the damage suffered due to having concluded the agreement with no previous knowledge of the defect, including the case of when the damage resulted from the circumstances the Licensor bears no responsibility for, particularly meaning that the Licensee may demand the refund of cost implied from the conclusion of License Agreement, the expense incurred with regard to the reception, transport, storage and insurance of the Pattern – the reimbursement of expenditure covered within the scope excluding any possibility to reap any benefits with regard to the process, with no refund previously gained from the third party, as well as with the inclusion of the refimbursement of legal cost of court proceedings. It shall be without prejudice to the regulations on the liability to rectify damage according to general principles.

21. To exercise one's entitlement arising from the warranty with regard to the legal defects of the Pattern, the provisions 14-18 of the present paragraph are applicable, while the course of the limitation period mentioned in section 14 begins on the day when the Licensor was notified of the existence of the defect. If the Licensor is informed of the existence of the defect only due to the court proceedings initiated by a third party – the course begins on the day when the judgement given in a dispute with the third person becomes legally binding.

§ 8 

Withdrawal from the License Agreement

1. According to Art. 27 of the Consumer Law, the Consumer who concluded the License Agreement may withdraw from it within 14 Calendar Days with no reason indicated and no additional costs incurred, with the exception of costs determined in Art. 33, Art. 34, section 2 and Art. 35 of the Consumer Law.

2. In order to meet the withdrawal deadline indicated in section 1 of the present paragraph, it suffices to send an appropriate declaration prior to its expiry.

3. The declaration on withdrawal may be submitted in the form of Appendix 2 of the Consumer Law or Appendix 1 to the present Terms, also available on the sub-page of the Licensor at  http://thecostiumer.com/strony/regulamin/, as well as in any legally appropriate form delivered to the postal address of: ul. Wał Miedzeszyński 646, 03-994 Warszawa, or an electronic mail sent at: shop@thecostiumer.com 

4. The Licensor shall immediately send the confirmation of having received the declaration on withdrawal from the License Agreement to the e-mail address of the Consumer and in an electronic form.

5. The 14-day period mentioned in section 1 of the present paragraph shall be counted from the date of delivery of the Pattern.

6. In the case of having withdrawn from the License Agreement, the agreement is deemed to have not been concluded.

7. The Licensor shall reimburse any expense covered by the Consumer, including the cost of Delivery of the Pattern, and no later than within 14 days since the date of reception of the declaration on withdrawal from the License Agreement.

8. The Entrepreneur may refrain from the reimbursement of payment received from the Consumer until the Pattern is returned or the proof of dispatch is delivered, depending on which occurence takes place first.

9. The Consumer is obliged to return the Pattern to the Licensor within 14 days from the date of withdrawal from the License Agreement.

10. The Consumer bears responsibility for the decrease of the value of the Pattern resulting from using it in a way other than necessary to determine the nature, features and functionality of the Pattern.

11. The entitlement to withdraw from the License Agreement is not given to the Consumer with regard to the following agreements:

a) the agreement on the provision of services, if the Licensor has fully performed the service at an expressed consent of the Consumer who has been informed of the fact that after the service is performed by the Licensor, they shall lose the entitlement to withdraw from the License Agreement, and so before the service has started being performed,

b) the agreement whose subject of provision is a non-factory manufactured item, a product made according to the specification provided by the Consumer or used to fulfil their individual needs,

c) the agreement whose subject of provision is a product liable to deteriorate or expire rapidly,

d) the agreement on the provision of digital content that is not recorded on a storage medium.

§ 9 

Liability 

1. The Licensor is responsible for any damage arising from the non-compliance or the failure to comply with the obligations implied from the Terms to the Licensee who is not a Consumer, including the provisions contained in the License Agreement attached to the Agreement on the Provision of Services, only if the damage results from the intentional fault of the Licensor.

2. If any of the actions or omissions of the Licensor leading to the damage implies from the non-compliance or the failure to comply with any of the liabilities of the Licensor as arising from the Terms, including the License Agreement or the Agreement on the Provision of Services, the Licensee who is not a Consumer shall not be entitled to make any claims for compensation with regard to illicit actions.

3. The provision of section 2 placed above has no application to the cases of personal injuries.

§ 10

Personal Data 

1. The Licensor is the Personal Data Controller of the data provided by the Licensee in the Registration and Order Forms.

2. The personal data are processed according to the generally applied legal norms, particularly with regard to the Act on the Protection of Personal Data and the Act on Rendering Electronic Services.

3. Detailed provisions related to the protection of personal data and Cookies used by the Store are contained in the Privacy Policy placed on the sub-page of the Store at:  http://thecostiumer.com/strony/regulamin/

§ 12 

Extra-judicial Means of the Examination of Complaints, the Pursuit of Claims and the Principles of Access to these Procedures

1. If the Licensor does not recognise the complaint of the Consumer, while the Consumer does not agree with the response of the Licensor, the Consumer is entitled to initiate appropriate proceedings before the arbitral tribunal or request the court to initiate mediation or arbitration proceedings (ADR).

2. Any information related to access to the procedures indicated in section 1 of the present paragraph is placed on the sub-page of Urząd Ochrony Konkurencji i Konsumentów [the Office for Competition and Consumer Protection] at:  https://uokik.gov.pl/spory_konsumenckie.php, as well as on the appropriate sub-pages of Regional and Municipal Consumer Ombudsmen, Wojewódzki Inspektor Inspekcji Handlowej [the Regional Trade Inspectorates] and the web pages of social organisations whose scope of operation encompasses the protection of consumers' rights.

3. If the extra-judicial examination of a complaint does not lead to the settlement of a dispute between the Licensor and Consumer, the dispute shall be subject to the judgement of a regionally and objectivelly appropriate court.

§ 13

Final Provisions 

1. In the case of non-compliance of the Terms with Consumer rights arising from generally applied regulations, the provisions of the Terms which are deemed to be unlawful shall not be binding to the Consumer, while the Licensor shall undertake the actions or omissions being in accordance with the legal norms being in force.

2. The Licensor is entitled to modify the Terms due to significant reasons.

3. The Licensee who has concluded the License Agreement or the Agreement on the Provision of Services shall be notified of any alterations introduced to the Terms with an e-mail message sent to their addresses within 14 days from the day when the altered Terms become applicable.

3. The Licensee may accept or refuse to accept the altered Terms. In the case of the lack of acceptance of the Terms altered, the Licensee withdraws from the Agreement on the Provision of Services with immediate effect.

5. Any matters not regulated in the Terms will entail the application of generally applicable regulations of the Polish law, particularly the provisions of the Civil Code and the Consumer Law.

6. The Terms have been supplemented by one Appendix which constitutes an integral part of it.

WITHDRAWAL FROM THE AGREEMENT [A TEMPLATE]

[place and date] [name, surname and the address of the Consumer] 

Z1 Agnieszka Ładno -Michalik [address, phone no., e-mail] 

DECLARATION ON THE WITHDRAWAL FROM THE AGREEMENT

I, the undersigned [name and surname of the Consumer], hereby give notice that I withdraw from the License Agreement concluded with regard to [indication of the Pattern] which I received on [date].

signature 

Privacy Policy

§ 1 

Introduction 

1. The present Privacy Policy (hereinafter referred to as the 'Policy') defines the questions related to the processing of personal data by The Costiumer and the use of Cookies within its web page: http://thecostiumer.com

2. Any capitalised words and terms contained in the Policy shall have the meaning given to them in the Terms placed at:  http://thecostiumer.com/strony/regulamin/

§ 2 

Personal Data Controller 

1. The Personal Data Controller of your data is Agnieszka Ładno-Michalik, conducting her business activity under the name of Z1 Agnieszka Ładno-Michalik, as registered in Centralna Ewidencja i Informacja o Działalności Gospodarczej Rzeczypospolitej Polskiej [The Central Registration and Information on Business of the Republic of Poland], the entity maintained by the Minister of Economy, with its registered office at ul. Wał Miedzeszyński 646, 03-994 Warszawa, NIP [Tax Identity Number]: 113-210-89-01, registered under PESEL: [*] [the number of Universal Electronic System for Registration of the Population of the Republic of Poland], with the e-mail address of: shop@thecostiumer.com 

2. The Costiumer informs that your personal data are processed within the collections named 'Klienci' ['Customers'] and 'Informacje Handlowe' ['Commercial Information'] which have been registered with Generalny Inspektor Ochrony Danych Osobowych [Inspector General for the Protection of Personal Data].

3. The Costiumer has not appointed the Information Security Administrator, due to which it is entirely in charge of carrying out the obligations arising from the Act on the Protection of Personal Data (hereinafter referred to as 'the Act), dated August, 29 of 1997.

§ 3 

Legal Basis for the Processing of Personal Data of Customers 

1. The legal basis for the processing of your personal data is provided by:

a) the necessity to execute the License Agreement I, as well as to undertake relevant actions prior to the conclusion of License Agreement I on your request (Art. 23, section 1, point 3 of the Act),

b) the obligation to fulfil the entitlement or liability arising from appropriate legal regulations (Art. 23, section 1, point 2 of the Act) by The Costiumer,

c) the permission you granted (Art. 23, section 1, point 1 of the Act),

d) the fulfilment of legally justified purposes of The Costiumer or the data recipients (Art. 23, section 1, point 5 of the Act) which, according to Art. 23, section 4 of the Act, may particularly be constituted by the direct marketing of own products and services of The Costiumer, as well as the execution of claims related to the business activity run by The Costiumer.

2. Giving consent to the questions mentioned in section 1, point c) above, as well as the provision of your personal data, are voluntary, while the lack of your consent to the processing of data indicated as obligatory or the refusal to provide them will prevent the conclusion of the License Agreement, as well as the execution of your Order.

3. The consent granted, as mentioned in section 1, point c) of the present paragraph, may be withdrawn from at any time, while the personal data previously provided may be removed by yourselves or after having sent a proper demand concerning the removal at: shop@thecostiumer.com.

§ 4 

Purpose and Scope of Processing the Personal Data of Customers

1. The personal data you deliver shall be processed for the purpose and within the scope arising from the permissions you have granted, as on the basis of the forms completed and actions undertaken within the Store.

2. In order to conclude and execute the License Agreement, as well as to execute the Delivery at your address, The Costiumer subjects the following data to processing: your name, surname, phone number (used by the delivery service provider responsible for the Delivery), e-mail address (used to provide you with the Confirmation of the Order and the information on its status), postal address (including the name of the street, house number, apartment number, the postal code and name of the city), while – in the case of a Licensee who is not a Consumer – also the name of the company and its NIP [Tax Identification Number].

3. If you decide to personally collect the Pattern, The Costiumer shall also process the personal data mentioned in section 2 of the present paragraph, while your postal address will be indispensable to issue the proof of having concluded the License Agreement (including the transfer of ownership of the Pattern).

4. In the case of choosing the Delivery to be proceeded with a different address than the one indicated in the Order Form, it shall be necessary for you to provide us with the address of the place where you wish to collect the Pattern (including the name of the street, house number, apartment number, the postal code and name of the city) to enable the delivery service provider to deliver the Pattern to the address indicated.

5. The personal data mentioned in sections 2-4 of the present paragraph shall be processed on the basis of a premise determined in § 3, section 1, point a or § 3, section 1, point b) of the Policy. The Costiumer shall process your e-mail address for its marketing purposes as based on the provision determined in § 3, section 1, point c) and § 3, section 1, point d) of the Policy.

§ 5 

Accessibility

1. Your personal data shall be granted access to the delivery service provider of your choice in order to execute the Delivery.

2. Your personal data shall be granted access to appropriate state authorities or third persons if such an obligation arises from the generally applicable law.

§ 6 

Entitlements 

1. You are entitled to gain access to your personal data, as well as to amend them.

2. You are entitled to obtain the following information from the Costiumer:

a) concerning the scope and manners of processing your personal data within a given collection,

b) the starting point of processing your personal data within a given collection,

c) the source your personal data have been drawn from,

d) the recipients or categories thereof who/which may be given access to your personal data.

1. Additionally, The Costiumer may complement, update or correct your personal data on your request, as well as it may withhold (temporarily or permanently) their processing or remove them if they appear incomplete, not up-to-date, untrue or as collected with the violation of the Act, as well as if they are no longer indispensable to serve the original purpose of their collection. 3. Additionally, with regard toor in the case of the use of your personal data to serve direct marketing purposes of The Costiumer, as on the basis of Art. 23, section 1, point 5 of the Act, you are entitled to: a) submit a written and justified appeal for the termination of your personal data processing with regard to your specific situation, b) file an objection. 1. In order to exercise the entitlements mentioned in the present paragraph, one needs to provide The Costiumer with an appropriate request with the use of the Contact Data. §7 The Principles of the Protection of Personal Data 1. Your personal data are processed according to the Polish law, in particular with regard to the Act and the Act on Rendering Electronic Services dated July 18, 2002 (Journal of Laws 2013, item 1422).

2. The Costiumer has implemented proper organisational and technical means to protect the processing of personal data, as commensurate to the risks and categories of data subject to such protection, in particular by protecting your personal data against the unauthorised access, their interception by an unauthorised person, processing with the violation of the Act, as well as their alterations, loss, damage or destruction.

3. The Costiumer has implemented the proper security policy and instruction for managing the IT system in line with the obligations arising from the ordinance of the Minister of Internal Affairs and Administration on the documentation of personal data processing and technical conditions which should be correspondent to the IT systems and devices used for the purpose of processing personal data dated April, 29, 2004 (Journal of Laws, No. 100, item 1024).

4. The processing of your personal data is only proceeded by the persons granted proper authorisation by The Costiumer, as trained with regard to the protection of personal data in accordance with the documentation determined in section 3 of the present paragraph and obliged to maintain your personal data in confidentiality.

§ 8 

Cookies 

1. The Costiumer declares that it uses 'Cookies'.

2. The files called 'Cookies' are pieces of information which are sent by the server of the Store and become stored on your device (e.g. the hard drive of your computer or smartphone). More information on Cookies may be found on: www.allaboutcookies.org.

3. The data collected by means of Cookies do not allow for your indentification, yet they enable The Costiumer to determine whether the website of its Store has been previously visited by the user of a particular computer (which does not amount to the information on who has visited the site) and what the preferences of the previous user would be (e.g. concerning the content of their Basket).

4. The Costiumer uses internal Cookies.

5. The Costiumer uses internal Cookies in order to:

a) ensure the proper operation of the website of the Store,

b) perform statistical purposes, 

c) adapt the web page of the Store to your preferences.

6. The Costiumer may both place the temporary and permanent files on your device.

7. The temporary files are usually deleted as one's browser becomes closed, while with regard to the permanent files, closing the browser does not result in their deletion.

8. The Costiumer implements Google Analytics which uses the Cookies stored on your device in order to prepare the statistics concerning the traffic within the Store or the ways of using the Store by its customers.

9. The Costiumer uses Google AdWords for advertising purposes which uses the Cookies stored on your device.

10. You may delete the Cookies left by the Store on your device at any moment, according to the instruction provided by the developer of your Internet browser.

11. There also exists the possibility to block the access of Cookies to your device by properly configuring your Internet browser, while in such cases the Shop may not operate properly.

12. The Costiumer uses the server which stores the information concerning the device you are using while being connected with the Store in its logs, e.g. the IP address of your computer. It serves statistical purposes.

§ 9 

Alterations 

1. The Costiumer reserves the right to introduce alterations to the Policy at any time by placing an altered Policy on the web page of the Store at: http://thecostiumer.com/strony/regulamin/ 

2. The Policy in its new version shall be applied from the date of being placed at the address indicated in section 1 of the present paragraph.



Cart

Your shopping cart is empty

Buy your first product