Rememo Art Order Terms and Conditions
Effective from 27 February 2023
Here you will find key information about placing an order, your right to withdraw from the contract, and liability for goods that do not conform to the contract.
§1
Definitions
Service Provider- Rememo Aleksandra Staszewska, Annopole 9a, 63-000 Środa Wlkp., NIP 7861726854, e-mail: rememo.art@gmail.com.
Customer – any person entering into a contract with the Service Provider.
Consumer – a natural person entering into a contract with the Service Provider for purposes that are not directly related to their business or professional activity, or a natural person entering into a contract directly related to their business activity where the content of the contract indicates that it is not of a professional nature for that person (an entrepreneur with consumer rights).
Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights.
Goods – movable items offered for sale.
Service Provider’s Details – the Service Provider’s contact details, in particular for complaints: Rememo Aleksandra Staszewska, Annopole 9a, 63-000 Środa Wlkp., NIP 7861726854, e-mail: rememo.art@gmail.com.
§2
Preliminary Provisions
- These Terms and Conditions set out the rules for using the website at rememo.pl, as well as the rules and procedures for entering into distance sales contracts.
- Distance sales of products available on rememo.pl are conducted through the website. The subject of the contract may also be a custom-made product, such as a made-to-measure corset or lingerie created according to an individual design.
- These Terms and Conditions are available at all times on rememo.pl in a format that allows them to be downloaded, reproduced, printed, or saved to a storage device at any time.
- To make a purchase, you may need access to a computer or mobile device with an internet connection, a web browser that supports JavaScript and the necessary cookies, as well as an email account.
To complete a purchase, you must also complete the order process and provide the information required to fulfil your order.
§3
Provision of Electronic Services
- The Service Provider takes reasonable steps, based on current technical knowledge, to ensure that the website functions properly and undertakes to resolve within a reasonable time any issues reported by Customers using the Service Provider’s contact details.
- If you wish to submit a complaint regarding the functioning of the website, you should provide your first and last name, correspondence address, as well as the nature of the issue and the date on which it occurred.
- The Service Provider undertakes to review each complaint within 14 days.
- The Service Provider is liable to the Consumer for any lack of conformity of the goods with the contract, in accordance with the provisions of the Consumer Rights Act and these Terms and Conditions.
- Information about the processing of personal data can be found in the Service Provider’s Privacy Policy.
§4
Making a Purchase
- Before the Customer confirms the purchase, the Service Provider provides the following information: a detailed description of the product and its features; the total price of the ordered products, including taxes; any shipping, delivery, or postal charges; the total amount of the order including the selected delivery option; the available payment methods and payment deadlines; and the method and timeframe for fulfilling the order.
- Purchasing a Product does not require registration. Orders can be placed by email, via social media (such as Facebook or Instagram), or by phone.
- The information about the Goods provided on the website, in particular their descriptions, technical and functional specifications, and prices, constitutes an invitation to enter into a contract within the meaning of Article 71 of the Polish Civil Code.
- The order is accepted once a deposit equal to 50% of the total order value, or the full amount, has been paid, subject to paragraph 5 below. The deposit must be paid within one week (7 calendar days) from the date the details of the order are agreed upon. The deposit is refundable only in the cases specified in the Polish Civil Code.
- Orders with a total value below PLN 500 must be paid in full immediately after they are placed. Orders with a total value above PLN 500 may be split into a deposit and the remaining balance, in accordance with paragraph 4 above. The deposit may not be less than 50% of the total order value.
- Once all the details have been agreed upon and the deposit has been paid, the Customer will receive confirmation that the order has been accepted for fulfilment. The sales contract is concluded when the Customer receives this confirmation.
- The remaining balance must be paid within two weeks (14 calendar days) from the date the Service Provider notifies the Customer that the order has been completed.
- Any changes to the design can be made within two weeks (14 calendar days) from the date the order is accepted for fulfilment. For example, if the Customer wishes to change the corset fastening to a zip, they must inform the Service Provider within 14 calendar days. Any changes requested once work on the order has already begun will be subject to an additional charge of PLN 30 per hour of work required to modify the design, plus the cost of any additional materials, such as lace, garter straps, etc.
- The Customer who places an order is required to pay the agreed price, accept delivery of the ordered Goods, pay any additional charges for changes to the design or other work requiring additional time (e.g. hand-sewing decorative elements), and cover the shipping costs if the contract is concluded remotely.
- The Customer must inform the Service Provider that they wish to receive an invoice before making the purchase (paying for the order).
- The time required to complete an order depends on when the deposit is paid, the number of orders I am currently working on, the complexity of the design, any changes made to the design, the availability and delivery times of materials and components, including those ordered from abroad, as well as holiday periods and other seasonal factors. The estimated completion time will be provided once all the details of the order have been agreed upon.
- Orders are always completed in the order in which they are accepted by the Service Provider. I will always provide an estimated production time and waiting period for your order. The production time ranges from two weeks to three months, or potentially longer depending on the circumstances described in paragraph 11 above.
- The Service Provider is not responsible for incorrect measurements if they were not taken by the Service Provider.
- The Service Provider shall not be liable for disruptions to the functioning of the website caused by incompatibility between the website and the devices used by the Customer, force majeure, unlawful actions of third parties, or technical issues affecting third-party service providers.
- By making a purchase, the Customer accepts these Terms and Conditions.
- The Customer and the Service Provider are bound by the price of the product agreed upon between them.
- All prices listed on rememo.pl are gross prices, inclusive of applicable taxes. A receipt is issued for every product sold, or a VAT invoice upon request.
- Shipments are sent via the courier company or postal service selected when placing the order.
- When several items are ordered, they will generally be packed and shipped together in a single parcel, unless the Customer requests separate packaging and delivery for each item when selecting the delivery method.
- The Customer will be notified by email, phone, or social media messaging (Facebook or Instagram) when the Goods have been shipped.
- The product will be delivered to the address provided by the Customer or, in some cases, collected in person.
- If the Customer fails to collect the parcel from the designated collection point or delivery address, the Customer will be responsible for the cost of returning the parcel and reshipping it.
- If the Customer fails to collect the order from the premises of Rememo Aleksandra Staszewska (Annopole 9a, 63-000 Środa Wlkp., Poland) within one month and does not inform the Service Provider of the reason, the Service Provider may charge a storage fee after first notifying the Customer. This also applies to uncollected parcels that have been returned to the sender (the Service Provider).
- If the Goods are to be delivered to a Customer who is a Consumer, the risk of accidental loss of or damage to the Goods passes to the Consumer when the Goods are delivered to them. The Goods are considered delivered when they are handed over to the carrier if the Service Provider had no influence over the Consumer’s choice of carrier.
Electronic payments – AutoPay
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The Service Provider allows the Customer to make payments via an online payment gateway. AutoPay, operated by Autopay S.A., with its registered office in Sopot at ul. Powstańców Warszawy 6, 81-718 Sopot, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS No. 0000320590, Tax ID (NIP): 585-13-51-185, REGON: 191781561.
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The Customer may use the following electronic payment methods available through the AutoPay payment gateway
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• instant online bank transfers (pay-by-link),
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BLIK,
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payment by debit or credit card (Visa, Mastercard),
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electronic wallet payments,
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deferred or instalment payments, where available,
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traditional bank transfer to the following account:
Rememo Aleksandra Staszewska
Annopole 9a, 63-000 Środa Wielkopolska
Santander SA: PL 22 1090 1418 0000 0001 4998 4504
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The Customer selects one of the available online payment methods during checkout. After selecting a payment method, the Customer is redirected to the AutoPay payment provider’s website to complete the transaction.
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The order will be processed once the payment has been successfully approved by the AutoPay payment provider and, in the case of orders split into a deposit and the remaining balance, once the required amount has been credited in accordance with the provisions of §4.
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AutoPay may verify transaction details and may refuse to process a payment if it suspects a violation of applicable law or security requirements.
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The Customer’s payment data is processed exclusively by Autopay S.A. in accordance with applicable law and the payment provider’s Privacy Policy. The Service Provider does not have access to the Customer’s full payment card details.
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If the Customer experiences any issues with a payment via AutoPay, they should first contact the Service Provider. Where appropriate, the payment method may be changed to a traditional bank transfer.
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§5
Lack of Conformity of the Goods with the Contract; Complaints
- The Service Provider is liable for defects in the product in accordance with applicable law.
- The Service Provider shall not be liable for damage to the Goods caused during wear unless it results directly from construction or sewing defects, particularly if the Customer has not followed the 14-day corset seasoning period or the care and use instructions included with the order.
- Complaints should be submitted by email to: : rememo.art@gmail.com
Description of the Complaint Procedure:
- The Customer may submit complaints regarding the Contract to the Service Provider by email at rememo.art@gmail.com or in writing to the Service Provider’s address. A properly submitted complaint should include at least the following:
- the Customer’s first name, last name, postal address, and email address,
- the date on which the Contract giving rise to the complaint was concluded,
- the subject of the complaint, including the Customer’s requested remedy,
- any circumstances supporting the complaint.
- If the data or information provided in the complaint is incomplete, the Service Provider will ask the Customer to provide the missing information before reviewing the complaint.
- The response to the complaint will be sent to the email address or postal address provided by the Customer.
- The basis and scope of the Service Provider’s liability towards the Customer where the Product is defective are governed by generally applicable provisions of law, in particular the Consumer Rights Act. For Sales Contracts concluded on or before 31 December 2022, the basis and scope of the Service Provider’s liability towards the Customer are governed in particular by the Polish Civil Code, especially Articles 556–576. For contracts concluded on or after 1 January 2023, the provisions set out below apply.
- In the event that the service or Goods do not conform to the Contract, the Consumer is entitled to the remedies provided for under applicable law, in particular the Consumer Rights Act. The Service Provider hereby informs the Consumer of the statutory liability of the trader for ensuring that the Goods or services conform to the Contract. The Consumer is entitled to make use of a guarantee, if one has been provided. The Consumer acknowledges that where Goods are sold with a known defect, the defect will be described on the relevant product page.
- In the case of a Customer who is neither a Consumer nor an entrepreneur making a purchase unrelated to their professional activity, the Customer shall bear the delivery costs.
- The Goods conform to the Contract if, in particular, their description, type, quantity, quality, completeness, and functionality comply with the Contract and, in the case of Goods with digital elements, also their compatibility, interoperability, and availability of updates, as well as their suitability for any particular purpose for which the Consumer needs them, provided that the Consumer informed the Service Provider of that purpose no later than at the time the Contract was concluded and the Service Provider accepted it.
- If the Goods do not conform to the Contract, the Consumer may request their repair or replacement.
- The Service Provider may replace the Goods where the Consumer requests repair, or may repair the Goods where the Consumer requests replacement, if bringing the Goods into conformity with the Contract in the manner chosen by the Consumer is impossible or would involve excessive costs for the Service Provider. If both repair and replacement are impossible or would involve excessive costs for the Service Provider, the Service Provider may refuse to bring the Goods into conformity with the Contract.
- The Service Provider shall repair or replace the Goods within a reasonable time from the moment the Consumer informs the Service Provider of the lack of conformity with the Contract and without causing excessive inconvenience to the Consumer, taking into account the nature of the Goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular postage, transport, labour, and material costs, shall be borne by the Service Provider.
- The Consumer shall make the Goods subject to repair or replacement available to the Service Provider. The Service Provider shall collect the Goods from the Consumer at their own expense. The Consumer is not required to pay for the ordinary use of Goods that are subsequently replaced.
- In the cases specified in the Consumer Rights Act, the Consumer may submit a statement requesting a price reduction or withdrawal from the Contract. This applies in particular where the Service Provider has refused to bring the Goods into conformity with the Contract or has failed to do so.
- The Service Provider shall refund the Consumer any amounts due as a result of exercising the right to a price reduction without undue delay and no later than 14 days from the date on which the Service Provider receives the Consumer’s statement requesting a price reduction.
- In the event of withdrawal from the Contract, the Consumer shall return the Goods to the Service Provider without undue delay, at the Service Provider’s expense. The Service Provider shall refund the price to the Consumer without undue delay and no later than 14 days from the date of receiving the Goods or proof that they have been returned.
- The Consumer may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is minor. It is presumed that the lack of conformity of the Goods with the Contract is significant.
- The trader is liable for any lack of conformity of the Goods with the Contract that existed at the time of delivery and became apparent within two years from that time, unless the period for which the Goods are fit for use, as specified by the trader, their legal predecessors, or persons acting on their behalf, is longer.
- It is presumed that any lack of conformity of the Goods with the Contract that becomes apparent within two years from the date of delivery existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the Goods or the nature of the lack of conformity.
- The Service Provider is required to respond to the Consumer’s complaint within 14 days of receiving it.
- The above provisions concerning Consumers also apply to a natural person entering into a contract directly related to their business activity where the content of the contract indicates that it is not of a professional nature for that person, taking into account in particular the scope of their business activity as disclosed in the Central Register and Information on Economic Activity (CEIDG).
- The Service Provider complies with the provisions of Chapter 5b of the Consumer Rights Act concerning contracts for the supply of digital content or digital services. The Service Provider is liable for any lack of conformity with the Contract of digital content or a digital service supplied continuously that occurred or became apparent during the period in which it was to be supplied under the Contract. This period may not be shorter than two years from the date of delivery of the Goods with digital elements. It is presumed that any lack of conformity of the digital content or digital service with the Contract existed during that period if it became apparent during that period.
- If a guarantee has been provided for the Goods, information about the guarantee and its terms will be included in the Product description. Any deviation from the guarantee terms stated in an advertisement to the detriment of the Consumer shall have no effect, unless the guarantee statement made in the advertisement before the Contract was concluded was corrected under the same conditions and in the same form as the original advertisement, or in a comparable manner.
§6
Right of Withdrawal
1. The right of withdrawal does not apply to Goods made to the Customer’s individual order (e.g. made-to-measure corsets made according to the Customer’s chosen measurements, material, colour, or other individual specifications), as the Goods are non-prefabricated and made to the Consumer’s specifications or intended to meet their individual needs (Article 38(3) of the Consumer Rights Act).
2. The right of withdrawal also does not apply to Goods supplied in sealed packaging which, once opened, cannot be returned for health protection or hygiene reasons, if the packaging has been opened after delivery.
3. In the case of ready-made Goods (i.e. Goods not made to the Customer’s individual order, such as those in the “Ready-Made” category), the Consumer has the right to withdraw from the Contract without giving any reason within 14 days from the date on which the Consumer, or a third party designated by the Consumer, takes possession of the Goods.
4. To exercise the right of withdrawal, the Consumer must inform the Service Provider of their decision by means of an unequivocal statement (e.g. a letter sent by post or an email sent to rememo.art@gmail.com). The Consumer may use the model withdrawal form provided as Appendix 1 to these Terms and Conditions, but this is not mandatory.
5. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement of withdrawal before the deadline expires.
6. In the event of withdrawal from the Contract, the Service Provider shall refund all payments received from the Consumer, including the cost of delivery of the Goods (except for any additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive standard delivery method offered by the Service Provider), without undue delay and in any event no later than 14 days from the date on which the Service Provider was informed of the Consumer’s decision to withdraw from the Contract.
7. The Consumer must return the Goods to the Service Provider without undue delay and no later than 14 days from the date on which they informed the Service Provider of their decision to withdraw from the Contract. The Consumer shall bear the direct cost of returning the Goods.
8. The right of withdrawal is also excluded in respect of services for which the Consumer is required to pay, where the trader has fully performed the service with the Consumer’s prior express consent and the Consumer was informed before performance began that they would lose their right of withdrawal once the service had been fully performed, and acknowledged this.
Appendix 1 — Model Withdrawal Form
(this form should only be completed and returned if you wish to withdraw from a contract concerning ready-made Goods)
Addressee: Rememo Aleksandra Staszewska, Annopole 9a, 63-000 Środa Wielkopolska, e-mail: rememo.art@gmail.com
I/We() hereby give notice that I/we() withdraw from the contract of sale of the following Goods(*):
………………………………………………………………………………………………………………
Date of conclusion of the Contract()/receipt of the Goods():.............................
Name(s) of Consumer(s): ……………………………………..
Address of Consumer(s): ………………………………………………………………………………………………………………
Signature of Consumer(s) (only if this form is submitted in paper form):
…………………………………………………………………..
Date: ……………………………………………………………..
(*) Delete as appropriate.
§7
Personal Data Protection
I take the protection of my Customers’ privacy very seriously. Further details can be found in the Privacy Policy.
§8
Final Provisions
- All rights, including intellectual property rights and economic copyrights, belong to the Service Provider. Without the Service Provider’s consent, the Service Provider’s content may not be copied, reproduced, modified, or otherwise used.
- The Service Provider reserves the right to amend these Terms and Conditions for important reasons, such as changes in applicable law. The Service Provider also reserves the right to change the prices of Goods and promotional offers, without affecting contracts concluded before such changes take effect.
- In matters not regulated by these Terms and Conditions, the generally applicable provisions of Polish law shall apply.
- None of the provisions of these Terms and Conditions are intended to limit the Consumer’s rights guaranteed under the Consumer Rights Act or any other applicable laws.
- The Service Provider agrees to submit any disputes arising in connection with concluded contracts to mediation proceedings.
- The Consumer may use out-of-court methods of handling complaints and pursuing claims. For example, the Consumer may:
- apply to a permanent consumer arbitration court for resolution of the dispute,
- apply to the Provincial Inspector of the Trade Inspection Authority to initiate mediation proceedings for the amicable resolution of the dispute,
- seek assistance from a district (municipal) consumer ombudsman or a consumer protection organisation whose statutory activities include the protection of consumers.
- The Consumer may use the EU Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr/
- More detailed information is available at: https://polubowne.uokik.gov.pl/.
- Previous versions of the Terms and Conditions are available below:
Previous Version of the Terms and Conditions
1. The subject of the Contract is the service of creating a custom-made product for the Customer, e.g. a made-to-measure corset
or indvidual project
2. The order is accepted on the date the Customer pays a deposit equal to 50% of the total order value or pays the full amount.
3. The deposit is non-refundable.
4. The Service Provider will wait for the deposit payment for one week (7 calendar days) from the date the design concept is agreed upon.
zamówienia.
5. The date on which the deposit or the full amount due is paid is considered the date on which the order is accepted for fulfilment — from that date
time is calculated from this date. Therefore, the production time begins on the date the order is paid for, not on the date the design concept is agreed upon.
.
6. The production time depends on when the deposit is paid, the number of orders I am currently working on,
the complexity of the design, any changes made to the design,
the availability and delivery times of materials and components, including those ordered from abroad, as well as holiday periods and other seasonal factors.
7. Orders are always completed in the order in which they are accepted by the Service Provider.
I will always provide an estimated production time and waiting period for your order.
8. The remaining balance must be paid within two weeks (14 calendar days) from the date
the Service Provider notifies the Customer that the order has been completed.
9. Any changes to the design can be made within two weeks (14 calendar days) from the date
the order is accepted for fulfilment. For example, if the Customer wishes to change the corset fastening to a zip,
they must inform the Service Provider of this change within 14 calendar days.Any changes requested once
work on the order has already begun will be subject to an additional charge of PLN 30 per hour
of work required to modify the design, plus the cost of any additional materials, such as lace, garter straps, etc.
10. The production time ranges from two weeks to three months, or potentially longer
depending on the circumstances described in point 6 above.
11. The Customer who places an order is required to collect the ordered Goods, pay the agreed price,
pay any additional charges for changes to the design or other work requiring
additional time (e.g. hand-sewing decorative elements), and cover the shipping costs
if the Contract is concluded remotely.
12. The Customer must inform the Service Provider that they wish to receive an invoice before making the purchase
(paying for the order).
13. Made-to-measure (personalised) corsets, pursuant to Article 38(3) of the Consumer Rights Act [updated as of 1 January 2023],
as well as underwear that comes into direct contact with the body, such as panties, cannot
be returned for hygiene reasons.
14. Since the beginning of 2023, the Consumer may first request the replacement or repair of a defective
product. Only after that may the Consumer request a price reduction or submit a statement
of withdrawal from the Contract due to the Goods not conforming to the Contract and, as a result, receive a refund. If the defect
is significant, the Consumer may withdraw from the Contract immediately.
If the Customer wishes to make a complaint about a product, they must contact me by email at: rememocreation@gmail.com..
15. The Service Provider is not responsible for incorrect measurements if they were not taken by the Service Provider.
(usługodawcę).
The Service Provider shall not be liable for damage to the Goods caused during transport or for
damage to the Goods occurring during wear, unless such damage results directly from construction and
sewing defects, particularly if the 14-day corset seasoning period was not followed and the Customer failed to
follow the instructions included with the order.
17. If the parcel is not collected from the designated collection point or delivery address, the cost of returning the parcel and
reshipping it shall be borne by the Customer.
If the order is not collected within 1 month (30 calendar days) from the premises of
Rememo (Annopole 9a, 63-000 Środa Wlkp.) without informing me (the Service Provider) of the reason for this
situation, the contents of the order become the property of Rememo Aleksandra Staszewska. This also
applies to uncollected parcels that have been returned to the sender (the Service Provider).
The controller of your personal data is Rememo Aleksandra Staszewska, with its registered office at
Annopole 9a, 63-000 Środa Wielkopolska, Poland, Tax ID (NIP): 7861726854, which can be
contacted by email at: rememocreation@gmail.com or via social media (links available in
the website footer.
By placing an order, you agree to the above terms.
The Seller reserves the right to amend these Terms and Conditions for important reasons, including changes in
applicable law or changes to payment and delivery methods — to the extent that such changes affect the implementation of
the provisions of these Terms and Conditions.
In matters not regulated by these Terms and Conditions, the generally applicable
provisions of Polish law shall apply, in particular: the Act on Providing Services by Electronic Means; the Consumer
Rights Act (updated in 2023); and the Personal Data Protection Act.
