Terms & Conditions

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

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

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