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Terms of Service

TERMS AND CONDITIONS OF THE UNWAY ONLINE SHOP

 

§1 General provisions

 

(1)These Regulations constitute the regulations for the provision of services by electronic means within the meaning of the provision of Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2016.1030 t.j. of 2016.07.15.).

(2) From the moment of commencement of the use of the UNWAY Store, the Customer undertakes to comply with the provisions of these Regulations. 

 

§2 Definitions

 

The terms used in the Regulations shall have the following meanings: 

 

(1) UNWAY Shop - an online shop for distance selling of products by means of electronic communication available at the address https://www.unwaystore.com/ run by Marlena Jaworska as part of her business MILO BRAND Marlena Jaworska with its registered office in Kędzierzyn-Koźle at Partyzantów 14c/7, registered in the Central Register and Information on Business Activity with NIP 7492110145, REGON 387664237 (hereinafter abbreviated: MILO BRAND)

(2) Services - services provided by the UNWAY Store electronically via https://www.unwaystore.com/ on the basis of these Regulations,

(3) Customer - a person or entity using the UNWAY Store, whereby a person or entity who uses the UNWAY Store without registering an Account is also considered a Customer,

(4) Products - clothes and accessories offered by the UNWAY Store through the website https://www.unwaystore.com/.

(5) Rules and Regulations - these Rules and Regulations.

 

§3 Types and scope of Services provided. 

 

(1) The UNWAY Store provides the following Services to Customers:

 

a) Distance sales of products by means of electronic communication, 

b) Newsletter.

 

§4 Terms and conditions of providing services electronically. 

 

(1) In order to use the Services provided by the UNWAY Store, it is necessary to have an Internet-enabled device with software necessary for normal web browsing. 

 

(2) In order to use the Services provided by the UNWAY Store, it is not necessary to register in advance with the UNWAY Store.

 

(3) To use the Services provided by the UNWAY Store is authorized only a person of full legal capacity.

 

(4) In the case of entities which are not natural persons, purchases in the UNWAY Store may be made by a person authorised to act on behalf of a given entity or having a power of attorney granted by such a person. 

 

(5) The agreement on the provision of services is concluded at the moment of the Customer's commencement of the Services offered by the UNWAY Store, indicated in these Terms and Conditions. The agreement referred to in the preceding sentence is of unlimited duration, however the Customer may, at any time, stop using the Services offered by the UNWAY Store, which will be tantamount to termination of the concluded agreement.

 

(6) The UNWAY Store is not responsible for the accuracy of the data provided by the Customer during the registration of the Customer's Account.

 

(7) The UNWAY Store is not responsible for improper performance or non-performance of the Services provided under these Terms and Conditions if it is due to force majeure or other reasons beyond its control, in particular the failure of the IT system. 

 

§5 Rules of using the UNWAY Store

 

(1) The UNWAY Store sells women's and unisex clothes (products for both women and men). Clothes offered by the UNWAY Store are new and have been manufactured in Poland. 

 

(2) The UNWAY Store undertakes to deliver products free of defects. 

 

(3) It is not necessary to register an Account with the UNWAY Store before placing an order. 

 

(4)  The prices of products given in Polish zloty or in euros in the UNWAY Store are the final prices including shipping costs within Poland. In the case of international shipping, shipping costs must be added. 

 

(5) Before confirming the order of a given product, the UNWAY Store will provide the Customer with the following information:

 

- the exact description of the given product and its features,

- the total value of the ordered products, the cost of delivery of the ordered product or products and a summary of the total value of the order with the selected delivery option,

- information on how and when to pay,

- information on how and when the order will be fulfilled by the UNWAY Store. 

 

(6) Before placing an order, the Customer should carefully read the product description available at the UNWAY Store. The Customer should also read the instructions for use of the product available at the UNWAY Store, if the UNWAY Store has provided instructions for use for the product.

 

(7) After selecting a product, the Customer should indicate the number of copies of the product to be ordered, then select "Add to cart".

 

(8) In order to finalise the order, the Customer should select the "View Cart" option or go directly to the cart via the cart icon on the Home Page. The Customer will then be redirected to the "My Cart" sub-page, where the Customer will be asked to accept the data needed for the order. In addition, at this stage the Customer has the opportunity to enter a discount code - if provided by the UNWAY Store and previously communicated to the Customer (e.g. via the UNWAY Store's social media channels; received in printed form in the package delivered to the Customer as part of the Customer's previously completed order) and to add a comment in the "Add Comment" option, in which the Customer can, among other things, inform the UNWAY Store of his or her wish to receive his or her order through the operation of Inpost parcel lockers. The customer is then obliged to enter the address or code of the parcel machine to which their order is to be delivered. The option of a discount code as well as adding a comment are not obligatory. After accepting the data necessary to place the order, the Customer will be redirected to a subpage where he/she can complete the order.  

(9)The Customer should then select the payment method available in the UNWAY Store (enter the necessary data needed to process the payment) and the delivery method (courier service), and then click on the "Order and Pay" button. 

 

(10) When the Customer selects the "Order and Pay" button, he/she will be redirected to the website of his/her bank or, after completing the necessary data needed to process the payment, the payment for the order will be processed. Once the payment has been processed, the Customer will be redirected back to the UNWAY Store to the sub-page with a summary of the order placed. 

 

(11) The Customer should submit the payment instruction immediately after placing the order. The Customer's failure to make payment for orders to the UNWAY Store's bank account is tantamount to non-submission of the order. In such a situation, the Customer may place the order again at any time. 

 

(12) If the Customer has any problems with payment processing, he/she should contact the UNWAY Store by mail (email: hello@unwaystore.com) or by private message on Instagram (@unway_official). 

13 Once the UNWAY Store has confirmed acceptance of the order, it is accepted for processing. Confirmation of acceptance of the order is sent automatically after the order is placed to the email provided by the Customer when placing the order. 

 

(14) In the event that the UNWAY Store has doubts about the correctness of the Customer's data provided in the form, the Store may withhold acceptance and processing of the order. In such a situation, the UNWAY Store will immediately contact the Customer in order to clarify the doubts.

 

(15) The Customer and the UNWAY Store are bound by the price of the product in force at the time of placing the order.

 

(16) The ordered product is dispatched within 7 working days from the receipt of payment, unless for reasons beyond the control of the UNWAY Store it is not possible to dispatch the order within this period. In such a situation, the UNWAY Store will inform the Customer about the extended time of processing the order, at the same time indicating the expected time of processing the order. 

 

(17) The shipments are sent via DHL and Inpost courier companies, also to InPost parcel machines (at the Customer's request) . Postage costs are taken into account when placing an order. The cost of international shipments is determined individually with the Customer - depending on the destination of delivery.

 

I(18) f the Customer orders several products, they will be packed in one shipment, unless the Customer indicates a different method of packaging and delivery of the order when placing the order. 

 

(19) In the case of products being shipped by means other than the standard method specified in the UNWAY Store, all danger of accidental loss or damage to the product passes to the Customer upon delivery to the Customer. The delivery of the product shall be deemed to be the handing over of the product by the UNWAY Store to the deliverer designated by the Customer if the UNWAY Store had no influence on the Customer's choice of carrier.

 

(20) A confirmation of purchase in electronic form (sent to the Customer's e-mail) or an invoice (issued only upon request and sent to the Customer's e-mail) is attached to the ordered goods in each case. If an invoice is required, the Customer is required to provide the following details: 

 

a) Name/company,

b) Residence/site address,

c) Tax Identification Number (in the case of companies), PESEL number (individuals),

d) Description of the order,

e) Correspondence address. 

 

(21) Upon placing an order in the UNWAY Store, the Customer agrees to have information related to the progress and fulfilment of the order sent to the e-mail address provided by the Customer. 

(22) All products marked in the Store as available can be ordered by the Customer, unless the UNWAY Store has posted a message that the product is unavailable/available soon. It is also possible that the availability of a product has changed between the time of placing the order and the time of its fulfilment, in which case the UNWAY Store is obliged to immediately inform the Customer of the non-availability of the product in question and make an immediate refund of the payment to the Customer's bank account from which the payment was made, unless the Customer agrees to a partial fulfilment of the order (e.g. when there are several products in one order) or its exchange for another product. 

(23) The UNWAY Store carries out deliveries on the territory of the Republic of Poland. Foreign shipments are made by prior arrangement with the Customer. The current costs of product delivery are available when placing an order in the UNWAY Store, in the "My Cart" tab. 

(24) Upon receipt of the courier parcel containing the ordered product, the Customer should carefully check the condition of the parcel - in particular, the Customer should check whether the parcel is not damaged. In case the parcel bears traces of damage (e.g. considerable crumpling of the parcel or tearing off protective tapes), the Customer should refuse to collect the parcel and inform the UNWAY Store about the above occurrence. 

§6 Consumers. Right of withdrawal. 

(1) The provisions of this paragraph shall apply only to contracts concluded with the Customer for purposes not directly related to his/her commercial or professional activity [hereinafter referred to as the Consumer]. 

(2) The Consumer within 14 days of the conclusion of the contract may withdraw from the contract without giving any reason. The period for withdrawal shall start from the date of conclusion of the contract.  

(3) The Consumer may withdraw from the contract by sending a statement of withdrawal to the UNWAY Shop. The consumer may use the model statement of withdrawal constituting Appendix No. 1 to these Regulations. The statement should be sent scanned in the form of an e-mail to: hello@unwaystore.com or in writing to the address of the UNWAY Shop's registered office (MILO BRAND Marlena Jaworska ul. Partyzantów 14 c/7, 47-224 Kędzierzyn-Koźle, Poland). Sending the declaration before the deadline is sufficient to meet the deadline.  

 

(4) In the event of withdrawal from the contract, it shall be considered not concluded. In such a situation the UNWAY Shop will refund to the Consumer all payments made by him/her, including the costs of delivery of the item (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery) no later than within 14 days from the date of informing the Service Provider about the Consumer's exercise of the right of withdrawal.  

(5) The UNWAY Shop will refund the payment to the Consumer using the same method of payment as chosen by the Consumer when processing the order or to the bank account provided by the Consumer in the form.  

(6) The UNWAY Shop may withhold the payment refund until it has received the product returned by the Consumer. 

(7) The Consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product in a manner other than that which was necessary to ascertain the nature, characteristics and functioning of the Product. 

§7 Neswletter

(1) The UNWAY Store offers its Customers a Newsletter Service, which consists of sending by the UNWAY Store to the e-mail address indicated by the Customer information on current products and services of the UNWAY Store. 

(2) The Customer who wishes to use the Newsletter service should fill in a dedicated form available at the UNWAY Store.  

(3) The Customer may, at any time, unsubscribe from further subscription to the Newsletter by sending information about the Newsletter unsubscription to hello@unwaystore.com

§8 Complaint procedure. 

 

(1)Complaints relating to the use of the Services provided by the UNWAY Shop should be sent electronically to the UNWAY Shop's e-mail address: hello@unwaystore.com or in writing to the UNWAY Shop's registered office address (MILO BRAND Marlena Jaworska ul. Partyzantów 14 c/7, 47-224 Kędzierzyn-Koźle, Poland).

(2) In the complaint, the name and surname of the person submitting the complaint should be indicated, the e-mail address to which a reply to the complaint is to be sent and the reason for the complaint should be described in detail. 

(3) The UNWAY Store considers the complaint within 14 days of receiving the Customer's complaint. This period may be prolonged if the consideration of the complaint within the period indicated in the preceding sentence is impossible for reasons beyond the control of the UNWAY Store. In such a case, the UNWAY Store is obliged to notify the Customer of the reason why it is not possible to consider the complaint within the time limit and the expected time of its consideration before the expiry of the time limit for considering the complaint. 

 

(4) The UNWAY Store shall send information on the manner of processing the complaint or the impossibility of processing the complaint within the time limit to the Customer's e-mail address indicated by the Customer in the complaint or by post to the mailing address indicated by the Customer in the complaint.

 

§9 Privacy Policy. Cookies.

(1) The protection of private information concerning the Customers is a priority for the UNWAY Store, therefore the UNWAY Store makes every effort to ensure that the Customers can feel comfortable and safe when using the UNWAY Store.

(2) The Privacy Policy applies to all information of a private nature, including Customers' personal data, which is collected and processed through the UNWAY Store.

3rd The website of the UNWAY Store uses Cookies.

(4) Cookies (so-called "cookies") are IT data, in particular text files, which are stored on the user's terminal equipment and are intended for the use of the Website. Cookies usually contain the name of the website they come from, the time they are stored on the end device and a unique number.

(5) The entity placing cookies on the user's terminal equipment and accessing them is the UNWAY Store.

(6) Cookies are used to create statistics which help to understand how users use the UNWAY Store website. This allows the UNWAY Store to improve its website. 
 

(7) The UNWAY Store website uses two main types of cookies: "session" cookies and "permanent" cookies (persistent cookies). "Session" cookies are temporary files that are stored on the User's terminal equipment until the User leaves the website or shuts down the software (web browser). "Persistent" cookies are stored on the User's terminal equipment for the time specified in the parameters of the cookies or until they are deleted by the User.

 

(8) The Customer agrees to allow Cookies to be stored on his/her computer for the purposes set out in the preceding paragraphs. 

 

(9) The Customer may block the storage of Cookies on his/her device at any time. To do so, the settings of the browser used by the Customer must be configured accordingly. 

(10) As a general rule, you can find the function to disable the storage of cookies on your device in the "settings", "options" or "preferences" of the Internet browser you are using. In case of doubt or for more detailed information, please use the "help" option of the browser used.

§10 Personal data 

(1) In order to properly perform the services available in the UNWAY Store, the UNWAY Store processes Customers' personal data, including: name, surname, gender, address, date of birth, bank account number, e-mail address and telephone number.

(2) The administrator of the personal data of the Customers of the UNWAY Store is Marlena Jaworska running the business MILO BRAND Marlena Jaworska with its registered office in Kędzierzyn-Koźle at Partyzantów 14c/7, registered in the Central Registration and Information on Business Activity, holding NIP 7492110145, REGON 387664237 (hereinafter the UNWAY Store).

(3) During the use of the website, the UNWAY Store also collects information about the Customer's device in order to ensure the correct operation of the services: the IP address of the computer, information contained in cookies or other similar technologies, session data, browser data, device data, data on activity on the website, including on individual subpages, geolocation information if the user has consented to access geolocation. Geolocation information is used to provide more tailored offers of products and services.

(4) The UNWAY Store processes Customers' personal data in order to enable Customers to use all functionalities available in the UNWAY Store. The provision of personal data by the Customer is voluntary; however, failure to provide personal data or lack of consent to process them will make it impossible to use some of the services provided by third parties, e.g. in terms of payment processing (Stripe) in terms of delivering the ordered goods - courier companies (DHL, Inpost).  

Transfer of Customers' personal data to third parties cooperating with the UNWAY Store is only for the purpose of proper realisation of the placed order and takes place in accordance with the legal regulations on personal data protection. The UNWAY Store does not share Customers' personal data with third parties for a fee.

 

(5) During the ordering process, you can consent to the use of your data for promotional and marketing purposes by providing your email address and marking the relevant form. You can withdraw your consent to the use of your data for promotional and marketing purposes at any time. 

(6) During the registration process or when placing an order in the Store, you may consent to receive a newsletter by providing your e-mail address and marking the relevant form. You can unsubscribe from the newsletter at any time. 

(7) In connection with the processing of personal data by the UNWAY Store, each Customer has the right to:

-access to his/her personal data,
-to request the rectification of their personal data,
-request to restrict the processing of their personal data,
-request the deletion of his/her personal data, in case the UNWAY Store is not obliged by law to process them,
-transfer their personal data, i.e. the possibility to obtain their personal data in a structured, commonly used machine-readable format and the right to send this data to another controller. Insofar as this is technically possible, the Customer has the right to request the transfer of his/her personal data to another controller directly through the UNWAY Shop.

(8)The Customer has the right to lodge a complaint with the President of the Office for Personal Data Protection as the supervisory authority in the field of personal data protection ifhe/she believes that his/her personal data is processed by the UNWAY Store in a manner incompatible with the legal provisions in the field of personal data protection.

 

(9) In order to obtain information concerning his/her personal data, the Customer may contact the UNWAY Store by sending an email to hello@unwaystore.com or in writing to the address of the UNWAY Store's registered office (MILO BRAND Marlena Jaworska ul. Partyzantów 14 c/7, 47-224 Kędzierzyn-Koźle, Poland).


In the event that the customer wishes to withdraw their consent to the processing of their data, they should also inform the UNWAY Shop of this by email or in writing to the addresses indicated in the previous sentence. 

§11 Final provisions

(1) These Terms and Conditions are effective from the moment they are published in the UNWAY Store.
(2) The UNWAY Store is entitled to amend these Terms and Conditions at any time. 
(3) Any changes to these Terms and Conditions shall be communicated to the Customers at the UNWAY Store and shall be effective from the moment of notifying the Customers of the changes by publishing the Terms and Conditions in their new content at the UNWAY Store. 
(4) To the extent not covered by these Terms and Conditions, the provisions of universally applicable Polish law shall apply.

 

Please find attached RETURN FORM here. 

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