I. Preliminary information

  1. The parlamour.com online store is run by ORM Trade sp. z o.o. with its registered office in Warsaw, Bruzdowa 56, 02-991 Warsaw registered in the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of the National Court Register under the KRS number: 0000720696; NIP: 9512456742; REGON: 369593296.
  2. Contact with the Seller takes place through::
    1. e-mail address: parlamour@parlamour.com;
    2. phone no.: +48 22 252 59 07 from Monday to Friday from 12.00 to 22.00;
    3. contact form available in the Online Store;
    4. at the Online Store headquarters from Monday to Friday from 12.00 to 22.00;  
  3. The Seller’s bank account number is: 20 1050 1025 1000 0090 3144 7890.
  4. These Terms and Regulations are addressed to Consumers and Entrepreneurs.
  5. The Terms and Regulations cover, among others, rules and procedure for concluding a Distance Sale Agreement with a Consumer via the Online Store.

II. Definitions

  1. Terms and Regulations – this document.
  2. Seller – ORM Trade sp. z o.o. with its registered office in Warsaw, Bruzdowa 56, 02-991 Warsaw registered in the National Court Register by the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of the National Court Register under the KRS number: 0000720696; NIP: 9512456742; REGON: 369593296.
  3. Online Store – website parlamour.com run by the Seller.
  4. Civil Code – Act of 23 April 1964 Civil Code (i.e. of 16 May 2019, Journal of Laws of 2019, item 1145 as amended).
  5. Consumer Rights Act –Act of 30 May 2014 on consumer rights (i.e. of 13 December 2018 as amended).
  6. Consumer –a natural person within the meaning of art. 221 of the Civil Code making a legal transaction with the Seller not directly related to its business or professional activity, in particular making purchases via the Online Store.
  7. Entrepreneur – a natural person, a legal person and an organizational unit which is not a legal person, to whom a separate law confers legal capacity – within the meaning of art. 431 of the Civil Code, performing business activities on its own behalf, carrying out legal acts with the Seller directly related to its business or professional activities, in particular purchases through the Online Store.
  8. Client – any entity making purchases through the Online Store, including in particular both the consumer within the meaning of art. 221 of the Civil Code and an entrepreneur within the meaning of art. 431 of the Civil Code.
  9. Product – items presented in the Online Store that may be the subject of a Sales Agreement between the Seller and the Customer.
  10. Sales agreement– Product sales contract being concluded or already concluded between the Customer and the Seller via the Online Store.
  11. Distance Contract – an agreement, including a Sales Agreement, concluded with the Customer as part of an organized system of concluding distance contracts under the Online Store, without the simultaneous physical presence of parties, with the sole use of one or more means of distance communication until the conclusion of the contract, within the meaning of the Act on providing services by electronic means.
  12. Order – Customer’s declaration of will made using the Order Form and directly aiming at the conclusion of the Sales Agreement.
  13. Account – an element of the Online Store dedicated to a given Customer, by means of which the Customer can perform specific actions as part of the Online Store, to which he can log in by selecting the “My Account/Log in” icon or in the Order Form in the “Payment Details” section by providing the username (address e-mail) and set account password – created voluntarily by the Customer via the Registration Form after selecting the “My Account/Log In” icon and choosing the “Register” option or in the Order Form in the “Payment Details” section after selecting “Create Account?”.
  14. Registration Form – the form available on the Online Store website after selecting the “My Account/Log In” icon and choosing the “Register” option or in the Order Form in the “Payment Details” section after selecting the “Create Account?” option.
  15. Order form – the form available in the Online Store after selecting the “Add to Cart” icon for a specific Product, enabling the Customer to place an Order and to specify the terms of the Sales Agreement, including the method of delivery and payment.
  16. Newsletter form– a form available on the Online Store website enabling the Customer to subscribe to the service of providing commercial information by means of electronic communication within the meaning of the Act of 18 July 2002 on the provision of electronic services (i.e. from 13 December 2018, Journal of Laws 2019 item 123, as amended) and the Customer’s consent to the Seller providing such a service to him.
  17. Cart – an element of the Online Store constituting a list of Products selected before placing an Order, available after selecting the “Cart” icon or after logging into the Account.
  18. Working day – all days from Monday to Friday, excluding public holidays.

III. Technical requirements

Use of the Online Store, including browsing Products and placing Orders, requires:

  1. an end device with Internet access and a web browser,
  2. access to an active mailbox,
  3. enabled cookies and JavaScript.

IV. General provisions

  1. Use of the Online Store means any activity of the Customer that enables him to become acquainted with the content found in the Online Store.  
  2. The Customer is obliged to read these Regulations before starting shopping in the Online Store. Making a purchase in the Online Store or starting to use other Online Store services, including those not requiring registration, is tantamount to full acceptance of the Terms and Regulations. In the case of purchases in the Online Store, by ticking the appropriate box, the Customer declares that he has read the Regulations, fully accepts the provisions contained therein and undertakes to comply, which is voluntary, but necessary to conclude a Sales Agreement through the Store.
  3. The Customer is obliged in particular to: use the Online Store without disturbing its functioning; not send or place unsolicited commercial information as part of the Online Store; use the content of the Online Store only for personal use; use the Online Store in a manner consistent with applicable law in force on the territory of the Republic of Poland and the provisions of the Regulations, in particular not providing illegal content.
  4. The Seller shall not be liable for the malfunctioning of the Online Store resulting from: force majeure and other extraordinary circumstances, unauthorized actions of third parties, as well as failure to meet technical requirements by the Customer, referred to in point III of the Terms and Regulations.
  5. Customers browsing the range of Products posted on the Website are not required to set up an Account. Placing an Order by the Customer for Products in the Online Store requires setting up an Account or providing the necessary data by the Customer to enable completion of the Order without setting up an Account.
  6. The Customer may receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (newsletter). If the Customer wants to activate the newsletter, he must: indicate in the Newsletter Form the e-mail address to which the Seller shall send the above-mentioned commercial information; agree to receiving the newsletter to the e-mail address provided by checking the appropriate box in the Newsletter Form; complete the activation of the newsletter by selecting the “Save” option in the Newsletter Form. The Customer may at any time withdraw consent to sending of the above commercial information. The commercial information sending service is concluded for an indefinite period and terminates when the Seller receives the Customer’s statement of withdrawal of consent to sending commercial information in the form of a newsletter: by selecting the appropriate link at the end of the email containing the newsletter; to the Online Store’s email address indicated in point I, point 2 a) of Regulations (using the email address provided by the Customer in the Order Form or Registration Form); via the contact form on the Online Store website; in writing to the address: Bruzdowa 56, 02-991 Warsaw or directly at the Seller’s headquarters located at the same address.
  7. The Customer may send the Seller messages via the contact form located in the Online Store after selecting the “Contact” tab.
  8. Setting up an Account in the Online Store requires filling in the Registration Form and completing registration. To register, you must provide an email address and create an account password. The contract for setting up the Online Store Account in is concluded for an indefinite period and terminates when the Customer delivers to the Seller a request to delete the Account: to the Online Store’s email address indicated in point I, subpoint 2 a) of Regulations (using the email address provided by the Customer in the Order Form or Registration Form); via the contact form in the Online Store; in writing to the address:  Bruzdowa 56, 02-991 Warsaw or directly at the Seller’s headquarters located at the same address. Setting up an Account does not require any fees. Logging in to the Account is done by entering the login and password set in the Registration Form.
  9. Information about Products placed in the Online Store, in particular their descriptions, performance parameters, dimensions and prices, constitute an invitation to conclude a Contract within the meaning of art. 71 of the Civil Code.

V. Rules for placing an order

  1. Making purchases through the Account:
    1. After logging in to the Account, the Customer places the Order successively by: selecting the number of purchased Products and adding Products to the Cart; choosing “Go to checkout” and going to “Payment details”; indication of data such as: name, surname, tax identification number (optional), company name (optional), address (country, street, zip code, city), telephone, email address, indication of whether Products should be sent to an address other than the Customer’s address (optional), indication of comments to the order, including an indication of whether the Customer requests a VAT invoice (optional); making a statement about reading and accepting the Terms and Regulations and about reading the Privacy Policy,
    1. The Customer, without logging in to the Account, places the Order successively by: selecting the number of purchased Products and adding Products to the Cart; choosing “Go to checkout” and going to “Payment details”; selecting the option “If you already have an account CLICK HERE TO LOG IN” and logging in to his Account; indication of data such as: name, surname, tax identification number (optional), company name (optional), address (country, street, zip code, city), telephone, email address, indication whether Products should be sent to a different address than the Customer’s address (optional), indication of comments to the order, including whether the Customer requests a VAT invoice (optional); making a statement about reading and accepting the Terms and Regulations and about reading the Privacy Policy.
  2. When making purchases without registration, the Customer places the Order successively by: selecting the number of purchased Products and adding Products to the Cart, selecting the “Go to checkout” option and going to the “Payment details” section; indication of data such as: name, surname, tax identification number (optional), company name (optional), address (country, street, zip code, city), telephone, email address, indication whether Products should be sent to a different address than the client’s address (optional), indication of comments to orders, including an indication of whether the Customer requests a VAT invoice (optional); making a statement about reading and accepting the Terms and Regulations and about reading the Privacy Policy.
  3. Acceptance of the Terms and Regulations is voluntary, but necessary to place an Order and conclude a Sales Agreement. Confirmation of reading the Privacy Policy is voluntary, but necessary for placing an Order and Concluding a Sales Agreement.
  4. After the Customer selects the “Go to checkout” option, the contents of the Cart and a summary of the contents of the Cart are displayed, i.e. the amount to be paid without shipping costs and with shipping costs, as well as the cost of shipping itself and the address to which the ordered Products will be sent. Then, after selecting the “Go to checkout” option in the “Payment details” section – apart from the Customer’s data and statements – the content of the Order is displayed, including data as in the first sentence of this point.  
  5. Order placement is completed by the Customer confirming the Order by selecting the “Buy and Pay” option. After selecting the “Buy and Pay” option, the Customer is redirected to the website of the online payment operator providing services to the Seller and operating the Online Store, where he follows the instructions contained therein to complete payment for the Product. At the same time, the Seller sends a message confirming acceptance of the Order to the Customer’s email address.
  6. The Contract for the Sale of Products covered by the Order is concluded when the Customer completes the process of payment for the Product on the website of the online payment operator providing services to the Seller and operating the Online Store. The Seller will inform the Customer about receiving the payment for the ordered Product and commencing delivery of the Product to the Customer.
  7. The Seller reserves the right to refuse delivery of the Product, in particular when: The order does not contain all relevant data, the order contains incorrect or untrue data, the Customer is delaying payment to the Seller. The Seller informs the Customer about the refusal to deliver the Product by e-mail or phone.

VI. Prices and payment methods and delivery

  1. Product prices are given in Polish currency (PLN) and are gross prices (including VAT).
  2. The final amount to be paid by the Customer for the ordered Product or Products includes the price for the given Product or Products and the shipping cost.
  3. Delivery of ordered Products to the Customer is carried out by courier via the entity of the professional courier indicated by the Seller.
  4. The Customer settles payments for products through the online payment operator indicated by the Seller and providing services to the Seller.
  5. The Seller provides the Customer, at his choice, a receipt or a VAT invoice.
  6. The product will be sent by the Seller within 7 (seven) Business Days from the date of crediting the Seller’s bank account, but not later than within 30 (thirty) days from the date of the Sale Agreement.   
  7. Product delivery takes place only within the European Economic Area and Switzerland.
  8. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise.
  9. After receiving the package containing the Products, the Customer is obliged to check the status of the package. In the event of damage or other reservations during receipt of the parcel, a report of reservations should be made in the presence of the carrier, specifying precisely the number and type of Products and their damages in accordance with the procedure in force at the carrier. The Seller is not responsible for actions/omissions of the carrier.
  10. If the Customer does not collect the ordered Products, the Seller has the right at his choice to: re-send the ordered Product to the address indicated by the Customer in the Order or set a new date for the receipt of the Product at the headquarters of the Seller by the Customer with the risk that in the event of the expiration of the deadline he shall withdraw from the Sales Agreement or withdraw from the Sales Agreement without request. Withdrawal from the Sales Agreement should take place in documentary form within the meaning of art. 772 and art. 773 of the Civil Code. The Customer is obliged to reimburse the costs incurred by the Seller for failure to collect the Product referred to in this section – including the costs of returning the shipment to the Seller and the costs of re-shipping the Product to the Customer in the event of the Customer’s failure to collect the shipment.

VII. Statutory right to withdraw from the product purchase contract

  1. In the event of purchasing a Product, the Customer who is a Consumer has the statutory right to withdraw from the Sales Agreement without providing a reason, if the Sales Agreement was concluded as a Distance Contract. The right of withdrawal referred to in item VII does not apply to Entrepreneurs.  
  2. The time limit specified in item 1 begins from the date of delivery of the Product to the address indicated by the Consumer in the Order.
  3. In the case of a Sales Agreement, which includes many Products delivered separately, in batches or in parts, the deadline indicated in item 1 runs from the delivery of the last item, batch or part.
  4. In the case of a Sales Agreement, which involves the regular delivery of Products for a limited period, the deadline indicated in point 1 runs from taking possession of the first item.
  5. The consumer may withdraw from the Sales Agreement by submitting to the Seller a statement of withdrawal from the Sales Agreement. To meet the deadline for withdrawing from the Sales Agreement, it is sufficient for the Consumer to send a statement before this deadline.
  6. The consumer may send a statement of withdrawal from the Sales Agreement to the e-mail address of the Online Store indicated in point I, point 2 a) of the Regulations (using the email address provided by the Consumer in the Order Form or Registration Form), via the contact form on the Online Store website; in writing to the address:  Bruzdowa 56, 02-991 Warsaw or directly at the Seller’s headquarters. The statement can be made using the model withdrawal form from the Sales Agreement located in the “Complaints and Returns” tab of the Online Store or, e.g. constituting an attachment to the Consumer Rights Act – however, the use of these templates is not mandatory.
  7. In the event that the Consumer sends a statement on withdrawal from the Sales Agreement by electronic means or in writing to the address indicated in point 6, the Seller shall immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the Sales Agreement to the e-mail address provided by the Consumer.
  8. Effects of withdrawal from the Sales Agreement:
    1. in the event of withdrawal from the Sale Agreement being a Distance Agreement, the Sale Agreement is considered void and the Seller immediately returns to the Consumer, no later than within 14 (fourteen) days from the date of receipt of the Consumer’s statement on withdrawal from the Sale Agreement, all payments made by him, including delivery costs.
    2. The Seller will refund the payment using the same payment methods that were used by the consumer in the original transaction, unless the consumer has expressly agreed to another solution that will not involve any costs on his side.
    3. The Seller may withhold the reimbursement of payments until receipt of the Product return or until proof of its return is provided to him, whichever occurs first.
    4. The consumer should return the Product to the Seller’s address provided in these Regulations, i.e.:  Bruzdowa 56, 02-991 Warsaw, immediately, no later than within 14 (fourteen) days from the day on which he informed the Seller about withdrawal from the Sales Agreement. The deadline will be met if the Consumer returns the Product within 14 (fourteen) days.
  9. The right to withdraw from the Sales Agreement being a Distance Agreement is not applicable for the Consumer in relation to the Sales Agreement, which have concluded agreements of a nature referred to in art. 38 of the Act on Consumer Rights, in particular in relation to Sales Agreements:
    1. 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,
    2. constituting a contract for the provision of services if the Seller 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 Seller, he will lose the right to withdraw from the contract,
    3. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
    4. in which the subject of the service is an item delivered in a sealed package, which after opening cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery,
    5. in which the subject of the service are items that are inseparably connected with other things after delivery, due to their nature,
    6. 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,
    7. for delivering newspapers, periodicals or magazines, with the exception of subscription contracts,
    8. for the supply of digital content that is not saved 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 informing him by the Seller about the loss of the right to withdraw from the contract.

VIII. Complaints, warranty rights and guarantee

  1. The Sale Agreement covers new Products.
  2. In the event of a defect in a Product purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding warranty in the Civil Code.
  3. Complaints should be submitted: to the Online Store’s email address indicated in point I, point 2 a) of the Terms and Regulations (via the email address that the Customer has indicated in the Order Form or Registration Form); in writing to the address:  Bruzdowa 56, 02-991 Warsaw or directly at the Seller’s headquarters located at the same address.
  4. It is recommended that the complaint include concise: description of the defect, circumstances including the date of its occurrence, data of the Customer submitting the complaint and the Customer’s request in relation to the Product defect, i.e. whether the Customer requests: removal of the defect or replacement with a Product free of defects or reduction of the price or withdrawal from the Sales Agreement.
  5. Attaching a copy of a receipt or VAT invoice documenting the purchase of a Product is not necessary, but will facilitate consideration of the complaint.
  6. The Customer may not withdraw from the Sales Agreement as part of exercising the warranty right if the defect is irrelevant. The Customer is not entitled to demand a price reduction or withdrawal from the Sales Agreement if the entity responsible under the warranty immediately and without undue inconvenience to the Customer replaces the Defective Product with a non-defective Product or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the entity responsible under the warranty or the entity responsible under the warranty did not satisfy the obligation to replace the Product with a product free from defects or to remove the defect.
  7. The Customer may file a complaint using the complaint form located in the Online Store “Complaints and Returns” tab, however, the use of this template is not mandatory.
  8. The Seller shall respond to the complaint request immediately, no later than within 14 (fourteen) days of receipt of the complaint, and if he does not do so within this period, it is considered that the Consumer’s request was justified. The above presumption does not apply to Clients who are Entrepreneurs.
  9. For some complaints, the Seller may ask the Customer to send photos of the Products subject to complaint.
  10. Products sent under the complaint procedure should be sent to the following address:  Bruzdowa 56, 02-991 Warszawa.
  11. If a product was granted a warranty, information about it, as well as its content, will be specified in the document (certificate) attached each time to the purchased Product for which the warranty was granted. The entity responsible for the warranty is exclusively the manufacturer of the Product, provided it has granted a guarantee for the given Product.
  12. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
    1. http://www.uokik.gov.pl/spory_konsumenckie.php,
    2. http://www.uokik.gov.pl/sprawy_indywidualne.php,
    3. http://www.uokik.gov.pl/wazne_adresy.php.
  13. The consumer has the following exemplary options for using extrajudicial complaint handling and redress:
    1. The consumer is entitled to apply to a permanent amicable consumer court referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (i.e. of 19 July 2019, Journal of Laws of 2019, item 1668) with a request to settle a dispute arising from the Agreement concluded with the Seller,  
    2. The consumer is entitled to apply to the provincial inspector of Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (i.e. of 19 July 2019, OJ of 2019, item 1668), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller,
    3. The consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers),
    4. The consumer may lodge a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr.
  14. In relation to Entrepreneurs, liability under the warranty for defects referred to in art. 556-576 of the Civil Code is excluded.
  15. The Customer has the right to complain about the Product for non-compliance of the goods with the Sales Agreement under the warranty within 2 (two) years from the date of delivery of the item directly to the Customer.

IX. Final provisions

  1. Sales Agreements are concluded in Polish.
  2. The Customer is obliged to immediately notify the Seller of any changes to the address of residence and correspondence addresses, under pain of acknowledgment of valid correspondence and recognition as effective delivery to the last address indicated by the Customer.
  3. If any of the provisions of the Regulations are found to be invalid, ineffective or unenforceable under the provisions of law in any respect, it will not affect the validity of the remaining provisions of the Regulations.
  4. The Seller reserves the right to amend the Regulations for important reasons, in particular:
    1. changes in law,
    2. changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
  5. The Seller will notify Customers of any change to the Regulations by placing an appropriate notification on the Online Store website. Customers who have registered in the Online Store will be notified of changes to the Terms and Regulations and the possibility of its acceptance at the first login in the Online Store from the moment the new Terms and Regulations enter into force. Acceptance of the new Terms and Regulations is voluntary, but necessary for placing Orders and concluding Sales Agreements.
  6. Settlement of any disputes arising between the Seller and the Entrepreneur shall be subject to the court having jurisdiction over the registered office of the Seller.
  7. In matters not covered by these Terms and Regulations, generally applicable law shall apply, in particular: of the Civil Code; Act on Consumer Rights, the Act of 18 July 2002 on the provision of electronic services (i.e. from 13 December 2018, OJ of 2019, item 123, as amended).