REGULATIONS

§ 1 GENERAL PROVISIONS

This text constitutes the regulations of the online store ROSE'S HUE, available at the website www.roseshue.com, operated by the company Piotr Kędzia, 39 Rembielińskiego St Apt 4, Lodz 93575, Poland, NIP PL7262415059 (not a VAT payer), REGON 101480068, email address: contact@roseshue.com.
The store www.roseshue.com operates under the terms specified in these regulations.
The regulations define the conditions for concluding and terminating product sales contracts, the procedure for handling complaints, as well as the types and scope of services provided electronically by the store www.roseshue.com, the principles of providing these services, and the conditions for concluding and terminating contracts for the provision of services electronically.
Each customer, upon taking actions aimed at using the store's services, is obliged to familiarize themselves with, accept, and comply with the provisions of these regulations.
The Administrator of personal data processed in the store in connection with the implementation of the provisions of these regulations is the seller. Information regarding the processing of personal data in the store has been indicated in the Privacy Policy published on the store's website. The Privacy Policy primarily contains rules regarding the processing of personal data by the controller in the store, including the grounds, purposes, and period of processing personal data, as well as the rights of individuals whose data is processed, and information on the use of cookies and analytical tools in the store. The use of the store, including making purchases, is voluntary. Similarly, providing personal data by the service recipient or customer using the store's services is voluntary, subject to exceptions specified in the Privacy Policy (conclusion of a contract and statutory obligations of the seller).

§ 2 DEFINITIONS

Working day - one day from Monday to Friday, excluding public holidays.

Delivery - a type of transport service specifying the carrier and cost.

Proof of purchase - order invoice (no VAT invoice is issued as the seller is not a VAT payer) issued in accordance with tax regulations.

Registration form - a form available in the store for creating an account.

Order form - an electronic service, an interactive form available in the store enabling the placement of an order, including adding products to the electronic shopping cart and specifying the terms of the sales contract, including delivery and payment methods.

Product card - individual page in the store containing information about a single product.

Customer - a natural person, legal entity, or organizational unit without legal personality but with the legal capacity to perform legal actions, making a purchase directly related to their economic or professional activity.

Consumer - a natural person making a legal transaction with an entrepreneur not directly related to their economic or professional activity.

Buyer - both a consumer and a customer.

Civil Code - The Civil Code Act of April 23, 1964, with subsequent amendments.

Basket - a list of products compiled from those offered in the store based on the customer's choices.

Account - an electronic service marked by an individual name (login) and password provided by the customer, a set of resources in the store's IT system where customer data and information about their orders are stored.

Place of delivery - the postal address or pick-up point specified by the customer in the order.

Newsletter - an electronic service, a distribution service provided by the store via email, allowing customers to automatically receive periodic content about products, news, and promotions.

Payment - the entity providing online payment services is the Viva Wallet service or the option of traditional bank transfer to the seller's bank account.

Availability notification - one-time notification of the availability of a product selected by the customer.

Product, Products - a movable item available in the store and its delivery or service that is the subject of a sales agreement between the customer and the store.

Subject of the agreement - products and delivery or service that are the subject of the agreement.

Regulations - the regulations of the store.

Store - an online store operated by the seller at www.roseshue.com.

Seller, Service provider - Piotr Kędzia, 39 Rembielińskiego St Apt 4, Lodz 93575, Poland, NIP PL7262415059, REGON 101480068, email: contact@roseshue.com, ING Bank Śląski IBAN: PL14 1050 1461 1000 0090 9861 7328, SWIFT INGPLPW,

System - a set of cooperating IT devices and software ensuring data processing, storage, sending, and receiving through telecommunication networks using the appropriate end device, commonly referred to as the internet.

Execution time - the number of working days specified on the product card.

Agreement - Sales agreement concluded between the customer and the seller through the store.

Electronic service - a service provided electronically by the seller to the customer through the store.

Consumer Alternative Dispute Resolution Act - Act of September 23, 2016.

Consumer Rights Act - Act of May 30, 2014, on consumer rights.

Act on the Provision of Electronic Services - Act of July 18, 2002.

Defect - both a physical and legal defect.

Physical defect - non-conformity of the sold product with the contract, especially if the product lacks properties that a product of this kind should have due to the purpose specified in the contract or resulting from circumstances or its purpose; if it does not have the properties that the seller has ensured to the customer; if it is not suitable for the purpose of which the customer informed the seller when concluding the contract, and the seller did not raise any objections to such use.

Legal defect - the situation where the sold item is the property of a third party or is encumbered with the right of a third party, and also if the limitation in the use or disposal of the item results from the decision or judgment of the competent authority.

Order - the customer's declaration of intent made using the order form, clearly specifying the type and quantity of products, the type of delivery, payment method, delivery address, customer data, and aimed directly at concluding an agreement between the customer and the seller.

§ 3 ELECTRONIC SERVICES IN THE ONLINE STORE

In the store, the following electronic services are available: Account, Order Form, Newsletter, and Availability Notification.

1. Account – Using the account is possible after the customer completes two consecutive steps: (1) filling out the registration form and (2) clicking on the "Register" button. The registration form requires the customer to provide the following data: name, email address, and password. An account can also be created by checking the appropriate checkbox during the order placement – the account is created at the moment of placing the order.

1.1. Electronic service Account is provided free of charge indefinitely. The customer can use the option to remember their data by the store to streamline future orders. The customer can edit, update their data at any time. The customer can also delete the account (resign from the account) at any time without giving a reason by sending a relevant request to the store, particularly via email to contact@roseshue.com or in writing to the address: ul. Rembielińskiego 39/4, 93-575 Łódź.

2. Order Form – Using the order form starts when the customer adds the first product to the electronic shopping cart in the store. Placing an order occurs after the customer completes two consecutive steps: (1) filling out the order form and (2) clicking on the "Order with an obligation to pay" on the store's website after completing the order form – until this moment, there is the possibility of independently modifying the entered data (for this purpose, follow the displayed messages and information available on the store's website). The order form requires the customer to provide the following data concerning the customer: name/company name, address (street, house number/apartment number, postal code, city, country), email address, contact telephone number, and data concerning the sales agreement: product/products, quantity of product(s), place and method of product/products delivery, payment method. In the case of customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).

2.1. Electronic service Order Form is provided free of charge and has a one-time nature, terminating upon placing an order through it or by earlier discontinuation of placing an order through it by the customer.

3. Newsletter – Subscribing to the newsletter occurs after providing the email address in the "Newsletter" tab visible on the store's website, where subsequent editions of the newsletter are to be sent, and clicking on the "Send" button. The customer can also subscribe to the newsletter by checking the appropriate checkbox during the account creation – by creating an account, the customer is subscribed to the newsletter.

3.1. Electronic service Newsletter is provided free of charge indefinitely. The customer can unsubscribe from the newsletter (resign from the newsletter) at any time without giving a reason by sending a relevant request to the store, particularly via email to contact@roseshue.com or in writing to the address: 39 Rembielińskiego Str Apt 4, LODZ 93575, Poland.

4. Availability Notification – To order the availability notification service, the customer provides their email address to which they want to receive a notification about the availability of a product selected by them. The availability notification is sent to the email address indicated by the customer and concerns each time one selected product. If the customer wishes to receive a notification about several selected products, the customer places an order for the availability notification service for each of the selected products.

5. Technical Requirements necessary for cooperation with the teleinformation system used by the store: (1) computer, laptop, or other multimedia device with internet access; (2) access to email; (3) internet browser in the current version: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) enabling the option to save cookies and JavaScript support in the internet browser.

6. The customer is obliged to use the store in a manner consistent with the law and good practices, respecting personal rights and copyrights and intellectual property rights of the store and third parties. The customer is obliged to enter data consistent with the actual state of affairs. The customer is prohibited from providing content of an unlawful nature.

7. Procedure for handling complaints regarding electronic services:

7.1. Complaints related to the provision of electronic services by the store and other complaints related to the operation of the store (excluding the product complaint procedure indicated in point 6 of the regulations) can be submitted electronically via email to contact@roseshue.com or in writing to the address: 39 Rembielińskiego Str Apt 4, LODZ 93575, Poland.

7.2. It is recommended that the customer includes in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of the irregularity; (2) the customer's request; and (3) the contact details of the complaining party – this will facilitate and accelerate the complaint consideration by the seller. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.

7.3. The store will respond to the complaint promptly, no later than within 14 calendar days from the date of its submission.

§ 4 TERMS OF CONCLUDING A SALES AGREEMENT

The agreement is concluded in the English language, in accordance with Polish law and this regulation.
The product prices provided on the store's website are gross prices. In the English language version, prices are expressed in Euros. Product prices do not include the cost of delivery. The customer is informed on the store's pages during the order placement about the total price including VAT, the product subject to the order, as well as the delivery costs (including fees for transportation, delivery), and other costs, and when it is not possible to determine the amount of these fees – about the obligation to pay them.
The store reserves the right to change the prices of products in the store. However, this does not apply to products already ordered by the customer, confirmed by the store, and accepted for execution.
The procedure for concluding a sales agreement in the store takes place using the order form.
The customer is responsible for the correctness of the data entered in the order form. Orders can be placed 24 hours a day.
Orders placed on non-working days will be processed on the first working day following the day the order was placed.
The conclusion of a sales agreement between the customer and the seller occurs after the customer submits an order in the store.
To place an order, the customer is not obliged to register an account in the store.
After placing an order, the seller immediately confirms its receipt and simultaneously accepts the order for execution. The confirmation of receiving the order and its acceptance for execution is done by sending a relevant email message to the customer's email address provided during the order placement. This email message includes at least the seller's statement of receiving the order and accepting it for execution, and the confirmation of concluding the sales agreement. Upon receiving this email message, the sales agreement is concluded between the customer and the seller.
The recording, securing, and making available to the customer the content of the concluded sales agreement takes place through (1) making this regulation available on the store's website and (2) sending the customer an email message mentioned in paragraph 10 of this paragraph. The content of the sales agreement is additionally recorded and secured in the seller's IT system.
Until the customer approves their shopping cart by clicking the "Place Order" button, which contains the product selected by the customer, the customer has the option to make changes to the order content, such as changing the ordered product, their contact details, delivery address, payment method, and the form of purchase confirmation. Later changes to purchase confirmation documents will no longer be possible.
The customer may cancel the order, but only until receiving an email from the seller, as mentioned in paragraph 10 of this paragraph, confirming the acceptance of the order for execution.
Upon sending to the customer, and thus delivering to the customer, an email message mentioned in paragraph 10 of this paragraph confirming the acceptance of the order for execution, it will no longer be possible to cancel the order or make any changes to its content. It will also not be possible to change the form of purchase confirmation. Changes are possible only at the stage mentioned in paragraph 11 4 of this regulation.
The execution of a paid order by traditional bank transfer with a payment directly to the seller's account or through electronic payment systems occurs after crediting the customer's payment to the seller's account.
The seller reserves the right to refuse to accept an order for execution placed by the customer in cases where:The customer places an order for a product whose price, due to a system error, significantly deviates from the prices of other products.

The customer's contact details provided when placing the order are incorrect or incomplete.
There is a lack of automatic payment authorization during the order placement or if the payment by traditional bank transfer is not recorded on the seller's account on the next business day, counting from the day of placing the order.
The product is unavailable.
The placed order indicates the customer's intention to purchase products for further resale.

In cases listed in paragraph 13 of this paragraph, the customer will receive an email from the seller informing about the non-acceptance of the order for execution, resulting in its cancellation.

§ 5 METHODS AND TERMS OF PAYMENT

In connection with the sales agreement, the seller provides the customer with the following payment methods:

Traditional Bank Transfer Payment. ING Bank Śląski, IBAN PL14 10501461 1000 0090 9861 7328, SWIFT: INGBPLPW
Electronic Payments via Viva Wallet. Detailed information regarding this payment method is available on the website www.vivawallet.com.

Settlements of Electronic Payment Transactions:

Customers can choose from various electronic payment methods: debit/credit card, Przelewy24, BLIK, Klarna.

Electronic payments are processed by Viva Wallet – Viva Payment Services Single Member S.A., with its registered office in Poland (branch address: 10A Skierniewicka Str, Warsaw 01 230 Renaissance Tower, Poland).
In the case of payment by traditional bank transfer to the seller's account, the customer must make the transfer promptly on the day of placing the order. Failure to record the payment in the next business day, counting from the day of placing the order, will result in the cancellation of the order.
For payments made through the electronic payment system, the customer is required to make the payment before the order execution begins. The electronic payment system enables fast transfers from selected Polish banks.
The customer is obligated to make the payment for the sales agreement within 15 minutes from the moment of placing the order, unless the sales agreement specifies otherwise.
In the case of the selected payment method mentioned in paragraph 1 of this paragraph, the product will be dispatched only after payment has been made.

§ 6 COSTS AND METHODS OF DELIVERY

The cost of delivering the product to the address specified by the customer is covered by the customer unless the sales agreement specifies otherwise.
The customer is informed about the delivery costs during the order placement process, and they depend on the chosen payment method and the method of product delivery.
The customer will be notified of the delivery date upon sending the order, receiving a confirmation of shipment along with the order to the email address provided by them.
The order fulfillment time, meaning the delivery of the product ordered by the customer, is the time required to process the order and deliver the product by the courier company:

The order processing time is 1-3 business days (in some cases, the order processing time may be extended, as communicated to the customer on the product card under the "Details" tab). This time is counted from the moment of positive authorization of the transaction by the electronic payment system or recording the payment via traditional bank transfer directly to the seller's account. This corresponds to sending an email to the customer confirming the acceptance of the order for processing, as mentioned in § 4, point 10, of this regulation.
The estimated delivery time by the courier company for domestic orders is within the period declared by them, 7 business days, counting from the moment of dispatch. Deliveries are made exclusively on business days, excluding Saturdays, Sundays, and holidays.

The seller provides the customer with the following delivery methods:

Przesyłka paczkomatowa (Paczkomaty Inpost);
Przesyłka kurierska DHL

In exceptional situations where there might be a delay in product delivery, the order fulfillment time is additionally confirmed electronically to the customer's email address.
Upon receiving a delivery from the courier company, the customer should check the condition of the external packaging and the content of the package in the courier's presence by verifying the completeness and condition of the ordered product. In the event of identifying product damage during transport, the customer should, in the presence of the courier, draw up a damage protocol in two identical copies, signed by both the customer and the courier. This damage protocol will be the basis for submitting any claims resulting from damage to the product during transport.

§ 7 RIGHT OF WITHDRAWAL

The customer has the right to withdraw from the contract within a period of 14 calendar days, counting from the day following the receipt of the order, with the exception of point 2 (below), without stating a reason, subject to points 3-5 (below).
The right of withdrawal from the contract does not apply in cases specified in Article 38 of the Act of May 30, 2014, on Consumer Rights, especially in situations where the subject of the service is a thing made to the customer's specifications or serving to satisfy their individualized needs.
To declare the intention to return, the customer must send information to the email address CONTACT@ROSESHUE.COM. The completed return form along with the returned product should be sent to the address: PIOTR KĘDZIA, 39 EMBIELIŃSKIEGO Str Apt 4, Lodz 93-575, Poland, EMAIL: CONTACT@ROSESHUE.COM.
The customer bears the costs of returning the product. The return must be made by courier.
The seller does not accept returned shipments sent with cash on delivery.
The seller refunds the customer the equivalent of the product price and the delivery costs to the customer.
To meet the 14-day withdrawal deadline, the customer must submit a statement of withdrawal from the contract – a withdrawal form to download. The form, in paper form, should be completed, signed manually, and sent along with the returned product to the seller's address.
The returned product must not show signs of use. The return will be positively considered only when the product is complete: in the original box, packed in the original anti-dust bag, with all original tags, including the intact security seal. The product must be unused, clean, odor-free, and the 14-day calendar period must be preserved.
The seller has the right to refuse to accept the product in cases of returning a damaged product, returning after the permissible deadline, or delivering an incomplete product to the store.
The customer is responsible for any decrease in the value of the item that results from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the item.
In the event of sending a declaration of withdrawal from a distance contract along with the returned complete, undamaged product without signs of use, then the contract is considered not concluded.
The seller does not send the customer an email notification of receiving the return shipment. Therefore, the customer should keep the shipment tracking number to check its status.
The seller is obliged to reimburse the customer for all payments made by them without undue delay, no later than 14 calendar days from the date of receiving the consumer's statement of withdrawal from the contract along with the returned product. The seller refunds payments using the same payment method that the consumer used or to the bank account number specified in the return form, if the consumer chose a traditional bank transfer as the payment method.
The right of withdrawal from the sales contract applies to both the seller and the customer in the event of non-performance by the other party to the contract within a strictly defined period.

§ 8 WARRANTY

The seller undertakes to provide services and deliver products free from defects.
The seller is responsible towards the consumer on the principles specified in Article 556 and following of the Civil Code of April 23, 1964.
In accordance with Article 558(1) of the Civil Code, the seller's liability for warranty for the product towards a customer who is not a consumer is excluded.
If the buyer is a consumer and a physical defect is found before the expiration of 1 year from the date of issuance or delivery of the product, it is assumed that the defect or its cause existed at the time of passing the risk to the consumer.
Notifications of product defects and submission of the appropriate claim can be made via email to: CONTACT@ROSESHUE.COM.
To assess physical defects in the product, the completed and manually signed Complaint Form along with the claimed product should be sent to the address: PIOTR KĘDZIA, 39 REMBIELIŃSKIEGO Str Apt 4, Lodz 93575, Poland. Complaint Form to download.
In the description of the complaint, it is recommended that the customer provide information and circumstances regarding the claimed product, including the type and date of occurrence of the defect, requests for the method of bringing the product into conformity with the sales agreement, or a statement about reducing the price or withdrawing from the sales agreement. The customer's contact information should also be provided to facilitate and expedite the processing of the complaint by the seller.
When submitting a complaint, the consumer can choose one of the following requests:

Repair of the product by the seller;
Exchange of the product for a new one;
Price reduction of the product; or
Withdrawal from the agreement.

The seller may refuse to repair or replace the product if it is impossible for the seller or would require excessive costs. In such a case, the customer may change the claim to a price reduction or withdrawal from the agreement.
In the case of a price reduction, the consumer specifies the amount by which the price should be reduced. If the consumer's request for a price reduction is the first request made within the complaint procedure for a given product, the seller may propose an exchange or repair.
Withdrawal from the agreement can only occur if the defect is significant. In the case of a non-significant defect, the consumer cannot withdraw from the agreement.
With regard to the acceptance of the complaint for a consumer customer, the cost of delivering the defective product to the seller is borne by the seller.
In the case of the consumer's consent to the exchange of the goods, the cost of redelivery of the goods is borne by the store.
Communication in the complaint process is conducted solely by email.
The VELVET fabric used for bags is a thick and plush material with sensitive fibers that may be affected by the method of use, storage, and external factors. It is natural during use that creases, abrasions, and discoloration may appear on it. Similarly, the layer of shine covering the metal fittings may gradually wear off and change color. This is inevitable and results from the process of use.
The consumer will receive information by email about the method of handling the complaint within 14 days of receiving the complained product by the seller.
In the case of a positive resolution of the complaint, the seller will send the consumer a fully valued product (repaired or new) promptly, within 30 business days from the moment of resolution. If this is not possible (e.g., due to exhausted stock), the seller will refund the customer the equivalent of the product price paid and the cost of shipping up to the amount of the cheapest shipping fee in the seller's offer.
If the complaint is not taken into account, the product will be returned to the customer with an opinion on the unjustifiability of the complaint.

§ 9 PROVISIONS CONCERNING ENTREPRENEURS

In this section of the regulations, provisions are included that apply exclusively to customers or service recipients who are not consumers, and as of January 1, 2021, also to agreements concluded from that date by individuals directly related to their economic activity, when it arises from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of their economic activity made available on the basis of the provisions on the Central Register and Information on Economic Activity.
The seller has the right to withdraw from the sales agreement within 14 calendar days from its conclusion. Withdrawal from the sales agreement in this case may occur without stating a reason and does not give the customer any claims against the seller.
The seller has the right to limit available payment methods, including requiring full or partial prepayment regardless of the payment method chosen by the customer and the fact of concluding a sales agreement.
The service provider may terminate the agreement for the provision of electronic services with immediate effect and without giving reasons by sending the service recipient a relevant statement.
The liability of the service provider/seller towards the service recipient/customer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the paid price and delivery costs under the sales agreement, but not more than one thousand Polish zlotys. The monetary limit mentioned in the preceding sentence applies to all claims brought by the service recipient/customer against the service provider/seller, including in the case of the absence of a sales agreement or claims unrelated to the sales agreement. The service provider/seller is liable towards the service recipient/customer only for typical, foreseeable damages at the time of concluding the agreement and is not liable for lost profits. The seller also does not bear responsibility for delays in shipping.
All disputes arising between the seller/service provider and the customer/service recipient are subject to the jurisdiction of the court competent for the seat of the seller/service provider.

§ 10 FINAL PROVISIONS

The seller reserves the right to make changes to these regulations, which come into effect upon their publication on the store's website. The changes do not apply to orders placed by the customer and accepted by the seller. In the event that any provision of the regulations is deemed invalid, the remaining provisions remain in force.
In matters not covered by these regulations, the following provisions apply:

The Civil Code of April 23, 1964, and other relevant provisions of Polish law.
The Consumer Rights Act of May 30, 2014.
The Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016.
The Act on the Provision of Electronic Services of July 18, 2002.

Any disputes arising from sales agreements between the store and consumers will initially be resolved through negotiations, with the intention of amicably settling the dispute, taking into account the Act on Out-of-Court Consumer Dispute Resolution. If this is not possible or satisfactory for either party, disputes will be settled by the competent common court.
The store is not responsible for disruptions, including interruptions in the operation of the store, caused by force majeure, unauthorized actions of third parties, or incompatibility of the store with the customer's technical infrastructure.
All photos, graphics, logos, publications, and texts available on the store's website are protected by the Act of February 4, 1994, on Copyright and Related Rights (Journal of Laws of 1994 No. 24, item 83). Any unauthorized activities aimed at copying, multiplying, or disseminating any content posted on the store's website are prohibited.