Obsessive online shop terms and conditions issued on 25 November 2015 and updated on 12th November 2020.
I. General Terms and Conditions
- These Terms and Conditions govern the supply by us of any Product ordered by you on sklep.obsessive.pl, sklep.obsessive.com, obsessive.pl and obsessive.com.
- The mentioned above online shop is owned by a Amocarat Sp. z o.o. located in Czaniec, 1 Krolewska street, a company organized and existing under the laws of the Republic of Poland, legal entity code KRS 0000754374 given by the district Court in Bielsko-Biała, XIII Commercial Division of the National Court Register, NIP: 9372717816, REGON: 381622700, with the issued share capital totally paid 505 000 PLN, hereinafter called the owner of the Obsessive online store.
- According to the article 71 of Polish Civil Code any information that can be found on Obsessive online store, descriptions or prices should be understood only as an invitation to placing an order.
- You can access these Terms and Conditions via hyperlink located on the main website either to read it or to print it out.
- The Customer service is available for you from Monday to Friday (8 a.m. – 4 p.m.) and can be reached either by calling: +48 888 666 777, mob. +48 509 813 033, fax +48 33 845 32 30 (extension: 40) or via e-mail: firstname.lastname@example.org.
- By placing an order you warrant that you have read the Terms and Conditions and you accepted them, especially, the withdrawal terms according to the Act of 30 May 2014 on Consumer Rights (Text no. 827 with subsequent amendment).
- The proof of conclusion of the sales contract is a receipt or invoice in electronic or paper form.
- By posting opinions, photos or any kind of materials on the website you warrant that you own the copyright laws. At the same time you’re giving the the owner of Obsessive online store the right to use these materials on the different websites, especially: blog, Facebook fanpage, Instagram account, Pinterest account and any other kind of communication held via newsletters without any (time or territorial) limitations.
- All products offered by Obsessive online store are free from law restrictions and have been legally entered for sale. They are also free from defects and faults (except products offered within 2nd Quality category).
- All Products offered within the 2nd Quality category are sold at a lower (than a regular) price because of small defects. Mentioned defects, like tiny fabric flaws or spots, usually are invisible and do not affect the regular usage of the product.
II. Terms and definitions
In these Terms and Conditions:
- Customer or You means individual who places an order on the site;
- Civil Code - the Act of 23 April 1964
- Consumer - a natural person, including a natural person who runs a sole proprietorship - who performs a legal transaction with the Obsessive Store (including Orders), provided that this transaction is not of a professional nature for the Consumer, resulting in particular from the subject of the Consumer’s business activity, on the basis of the provisions on the CEIDG.
- Terms and Conditions – these terms of offering and selling Obsessive products via Obsessive online store.
- Obsessive online store – website available under sklep.obsessive.pl, sklep.obsessive.com, obsessive.pl and obsessive.com domains, via which products offered by Obsessive can be ordered.
- Product – in both cases singular and plural (Products) – items offered and presented by the owner of Obsessive online store on the website.
- Purchase Agreement - according to the Polish Civil Code, the agreement between the owner of Obsessive online store and the Customer concluded via the Obsessive online store
- Order - submitted by the Customer purchase decision to the website;
- The Act of 30 May 2014 on Consumer Rights – the Act regulating all consumer rights and privileges;
- Act on Rendering Electronic Services – ustawa z dnia 18 lipca 2002 r. o świadczeniu usług drogą elektroniczną (Dz. U. Nr 144, poz. 1204 ze zm.);
- Discount code – the sequence of signs generated by the Obsessive online store system given to you to obtain a specified discount (either a percentage discount of fixed monetary amount). Discount can be used only under the terms and conditions of a particular special offer for which needs it has been generated.
- Voucher - the sequence of signs generated by the Obsessive online store system given to you. It enables you to pay for the shopping by redeeming it. Every voucher has the fixed amount for which it can be redeemed. The redemption occurs under the specific, separate terms and conditions.
III. Terms and Conditions of Online Shopping
A. General Terms and Conditions of Online Shopping
- The Purchase Agreement is concluded between the owner of Obsessive online store and the Customer (you) who is placing an order.
- The sale of Obsessive products via the Obsessive online store is held in every country mentioned in the shipping table (available pln: HERE and euro: HERE).
- Prices given on the website are gross-prices (it means they include Value Added Tax). Prices given an the moment of placing an order are binding for both parties. However, they do not include costs of shipping, which is presented to you before confirmation of your order.
- An order can be placed 24 hours a day, 7 days a week, except the technical breaks.
- You can either place and confirm your order without signing up for the Obsessive Online store database or with creating your individual account.
- The Customer can also place an Order via telephone call during working hours on working days of the Customer Service Department.
- The conditions of placing an order are: completing the form with correct, mandatory data required for shipping and for a sales document (receipt or invoice). The Customer who wants to place an Order via telephone call needs to use the telephone number provided at Obsessive online store. While placing an Order via telephone call, the Customer is obliged to listen to the mandatory information regarding personal data processing by Obsessive online store. Given information must be real and valid.
- You are allowed to modify your order until the final confirmation of it.
- After the order confirmation an order summary will be e-mailed to you. In case of an Order via telephone call, the Order summary will be sent to you in an e-mail, or via Multimedia Messaging Service.
- Obsessive online store confirms the Customer’s purchase by sending an order confirmation e-mail. Order confirmation is a declaration of the acceptance of an offer. Order confirmation should be understood as an agreement for Order fulfillment between the Customer and Obsessive online store. Obsessive online store has 5 days to confirm the order from the moment of receiving the order. If there is no confirmation within the term stated above, there is no Contract and the payment made by the Customer will be returned as soon as possible.
- The owner of the Obsessive online store has the right to refuse fulfilling the order in case of giving fraudulent or invalid data, the transaction hasn’t been authorized in the electronical payment system or the payment hasn’t been received within the fixed term (14 business days).
B. Discount codes, vouchers, special offers
- Any kind of special offers cannot be combined with other special offers or discounts. You may only use an offer once, and you may not combine the offer with any other discount at the same time.
- Any kind of special offers do not refer to the 2nd Quality products unless its specific terms and conditions allow it.
- Every discount code is unique and can be used only once unless its specific terms and conditions allow multiple usage.
- Vouchers can be redeemed within all categories available on Obsessive online store unless its specific terms and conditions determine a particular category.
- Voucher should be redeemed within one order (including the shipping costs, unless the specific terms states differently). In case of not using all of the voucher’s amount the outstanding amount is forfeited and is not exchangeable for cash.
- If the value of the order exceeds the amount available within the voucher, you can pay the difference in any method of payment available at Obsessive online store. Neither vouchers nor discounts codes can be used for third parties’ orders.
- The owner of the Obsessive online store has the right to refuse to fulfill the Order if:
a) there is an incorrect/incomplete fulfillment of the Order form (lack of data required for Order fulfillment),
b) payment hasn’t been made by the Customer within 14 business days from the moment of placing the Order (in case of payment in advance),
c) the package with this Order hasn’t been picked up (in case of “cash on delivery” payment method).
- The owner of Obsessive online store will inform the Customer about refusing to fulfill the Order by sending an e-mail (to e-mail address given by the Customer during placing an Order).
- The owner of Obsessive online store accepts mentioned below methods of payment:
a) In case of orders inside of Poland:
- Bank transfer
- Credit cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
- Online payment
- BLIK payment
- PayPal payment
- Cash on delivery.
b) In case of orders outside of Poland:
- Bank transfer
- Credit cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
- PayPal payment
- Payments done via PayPal websites are done according to their own terms and conditions. They may vary across different privities.
- Orders will be fulfilled on the next business day after receiving the payment or choosing the cash on delivery payment (regarding only orders inside of Poland). In case of orders placed on holiday, they will be fulfilled on the next business day after receiving the payment or choosing the cash on delivery payment. In case of credit card payment, the delivery date is calculated from the moment of positive transaction authorization.
- During the confirmation of the order, you have to choose one of mentioned below shipping options:
- Poczta Polska
- Poczta Polska (Polish Post)
- Costs and approximate waiting time have been specifically defined and are available:
- For orders inside of Poland - HERE
- For orders outside of Poland – HERE.
- Ordered Products will be sent under the shipping address given by you in the form.
- In the case of shipment outside the European Union, the Customer is obliged to cover the costs related to customs clearance if such costs are obligatory in the given country.
- In the case of Customer’s negligence or refusal to receive the order that has been shipped outside the European Union (export invoice), Amocarat Sp. z o.o. has the right to deduct the cost of a return from the Customer’s payment. For economic reasons (the cost of return exceeds the value of the Order), Amocarat Sp. z o.o. has the right to abandon the package without being obliged to return the Customer’s payment for the Order.
IV. Withdrawal policy, returns, complaints
A. Withdrawals and returns
- You have the right to withdraw from the Purchase Agreement within 30 days from receiving the product without giving any reason.
- The withdrawal right does not apply to cases mentioned in article 38 in the Act of 30 May 2014 on Consumer Rights, especially when the purchase agreement concerns the unfabricated items, produced specifically for your individual needs. This rule applies also in case of cosmetics and packed products which cannot be returned after opening from medical or hygienic reasons. Before you unpack the full-sized perfume, please test the scent by using the sample.
- The Consumer bears responsibility for a decrease of a product’s value resulting from using the product in a way that goes beyond what is necessary to check the nature, qualities and functionality of the product. Returned items must have the labels and must be unused, clean, devoid of any smells.
- If the Costumers wants to return the products that he/she purchased with a Gift voucher, the Customer will not be entitled to a cash refund, but he/she will be entitled to receive a Gift voucher with an equivalent value of the products he/she wants to return.
- In the case of of Customer’s negligence and additional costs associated with the return of the Order that has been shipped outside the European Union (export invoice), Amocarat Sp. z o.o. has the right to deduct these costs from the Customer’s payment for the Order.
- In case of perfumes, product has to be untapped. Returned product should be unpacked and should not bear any traces of use. Original package, including clear plastic film protecting the box from unpacking is required.
- In case of payment refund after Customer’s credit card transaction, the owner of Obsessive online store makes the refund to the bank account assigned to Payer's credit card.
- In case of returning products, a return form should be filled in and send back to the owner of the Obsessive online store. The form can be send both to the address given in the part I.2 of these terms and conditions or via e-mail: email@example.com. Complaint form HERE, withdrawal form HERE.
- Informing the owner of the Obsessive online store about withdrawing from the Purchase agreement is necessary for the correct withdrawal process.
- In case of returning the product, the owner of Obsessive online store is obliged to refund full amount of the purchase and the value of the cheapest shipping option. Refund does not include the costs of the returning shipping and other costs connected with it.
- The owner of Obsessive online store will not accept packages returned by Payment on Delivery option or by Click&Collect (in Poland called Paczkomaty).
- The returning shipping should be addressed as follows:
AMOCARAT Sp. z o.o.
ul. Krolewska 1,
- You will receive a refund within 14 days of your returned item's delivery to the owner of Obsessive online store office. The refund will be credited to the original method of payment or if you agree to it – in a different method of refund.
- Every complaint is investigated along with the rules of Polish Civil Code.
- Complaints can concern faults which haven’t been described in product’s description. Faults can be ascertained within two years from the date of buying the product.
- Complaints cannot concern faults because of which the product has been categorized as a 2nd Quality category.
- If according to the Polish law regulations, you are not concerned as a Consumer, your complaint will be investigated within 14 days from receiving it. However, in this case, any faults of products can be ascertained within 12 months (1 year) from the purchase date.
- In case of a Customer who is concerned as a Consumer, Obsessive online store bears responsibility for physical and legal defects of a product according to the rules of Polish Civil Code. A complaint will be investigated within 14 days from the moment when the owner of Obsessive online store receives a complaint from the Customer. A complaint should be correctly addressed, properly packed and sent together with the description of fault, the faulty product and (if possible) copy of the purchase receipt to the address given in the part IV A, no. 11 of these Terms and Conditions.
- The owner of Obsessive online store can repair the faulty product or if it is impossible you can:
a) receive a refund on your bank account (exception: shopping done by redeeming a voucher)
b) exchange the product into the same kind – if it’s available at the Obsessive online store
c) exchange into a different product – in this situation, a potential surplus will be refund, or in case of choosing more expensive product you can pay the difference.
V. Personal data protection
VI. Final terms
- The owner of Obsessive online store stipulates the right to:
a) Change the prices and amounts of sizes offered
b) Withdraw products from the offer
c) Organize any kind of sales, special offers and advertising campaigns.
d) Changes in the Terms and Conditions become effective on a day indicated by the owner of Obsessive online store. The amended Terms and Conditions must be available at Obsessive online store for at least 7 days before they become effective. Orders placed by Customers before the changes in the Terms and Conditions are fulfilled in accordance with Regulations effective at that time.
- Any matters between you and the owner of Obsessive online store should be solved by the adequate court according to the provisions of Polish law. However, you should be informed that there are multiple different ways of solving complaints or other matters, such as: arbitration, mediation and/or conciliatory. Mentioned above ways are governed by the adequate Polish law and restrictions.
- In matters not covered by this Regulations the provisions of Polish law shall apply, in particular the Civil Code and the act on providing services by electronic means.
- If you, as a Customer, reside beyond the Polish borders, you should be aware that all the matters connected with your order, placed at Obsessive online store, will be solved according to the Polish law. Potential process will be heard by the adequate Polish court.
- These Regulations come into force from the date of 11th November 2020.