Shop Regulations

TERMS AND CONDITIONS OF THE NOVAROMA.COM.PL ONLINE STORE


INTRODUCTION

These Terms and Conditions (hereinafter: "Terms") define the rules for using the online store available at: https://www.modaroma.com.pl (hereinafter: "Store") operated by VVitesse Kamil Wielgat with its registered office in Elbląg (82-300), Aleja Józefa Piłsudskiego 15a, NIP 5782849159, REGON 542701421, e-mail address: kamilmadoria@gmail.com (hereinafter: "Seller" or "Service Provider").

The Terms and Conditions define the rules for concluding a sales agreement through the Store, the agreement execution process, and the rights and obligations of the Customer and the Seller, resulting from applicable law, including consumer law, commercial law, and personal data protection (GDPR). The Terms also regulate the procedure for withdrawing from the agreement and the complaint handling process.

The Terms and Conditions have been updated to ensure full compliance with the General Product Safety Regulation (GPSR) and the latest European Union and Polish legal provisions.

TABLE OF CONTENTS

§1 Definitions

§2 General provisions

§3 Conditions for electronic services

§4 Sales agreement

§5 Order fulfillment

§6 Delivery

§7 Payment methods

§8 Liability for conformity of goods with the contract (Consumers) and warranty (Entrepreneurs)

§9 Withdrawal from the agreement by the Consumer

§10 Complaint procedure

§11 Out-of-court dispute resolution methods

§12 Provisions concerning entrepreneurs

§13 Final provisions

§1 Definitions

  • Online store – an online service available at https://www.modaroma.com.pl, where the Customer can place an order.

  • Seller / Service Provider – VVitesse Kamil Wielgat with its registered office in Elbląg, Aleja Józefa Piłsudskiego 15a, 82-300 Elbląg, NIP 5782849159, REGON 542701421, e-mail: kamilmadoria@gmail.com

  • Customer – a natural person with full or, in cases specified by law, limited legal capacity, a legal person, or an organizational unit without legal personality, who places an order or enters into a sales agreement with the Seller.

  • Consumer – a natural person who performs a legal act with the Seller (e.g., concluding a sales agreement) not directly related to their business or professional activity.

  • Entrepreneur – a Customer who is not a Consumer, acting within the scope of their business or professional activity.

  • Goods – a product offered in the Store, being a movable item, intended for sale.

  • Sales agreement – an agreement concluded remotely between the Seller and the Customer via the Store, the subject of which is the sale of Goods.

  • Order – a declaration of will by the Customer, submitted via the form available in the Store, specifying the Goods, method and cost of delivery, form of payment, and Customer's data, aimed at concluding a sales agreement.

  • Order form – an electronic service enabling the placement of an Order.

  • Newsletter – an electronic service consisting of sending commercial information about the Store's offer to the Customer's provided e-mail address.

  • Working days – days from Monday to Friday, excluding public holidays in Poland.

  • GPSR – General Product Safety Regulation, regulating the safety standards of products placed on the market.

  • GDPR – General Data Protection Regulation, regulating the processing of personal data.

§2 General provisions

  1. Legal compliance:

    • The Seller provides services and sells Goods in compliance with the applicable laws of the European Union and Polish law, including consumer rights and personal data protection (GDPR) regulations, as well as principles of fair trade and good practice.

  2. Personal data protection:

    • The Customer's personal data is processed in accordance with applicable personal data protection regulations (GDPR) and the Privacy Policy available on the Store's website. The Customer is informed about the methods and purposes of processing their data and their rights.

    • The Cookies Policy available on the Store's website defines the rules for using cookies and similar technologies in the Store.

  3. Acceptance of Terms:

    • By placing an order, the Customer accepts the Terms. Failure to accept the Terms prevents the conclusion of a Sales Agreement.

  4. Invitation to conclude an agreement:

    • Information about Goods presented in the Store is an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.

  5. Prices and costs:

    • Prices of Goods are given in Polish Zlotys (PLN), include VAT (if applicable) and do not include delivery costs, unless otherwise indicated. The Seller is exempt from VAT, therefore no VAT amount is shown on invoices (rate "zw").

  6. Sales territory:

    • The Seller fulfills orders in Poland and other European countries (European Union), if clearly specified in the offer.

  7. Information about the obligation to cover return costs:
    • The Customer is informed about the obligation to cover the costs of returning goods in cases provided for by the terms and conditions, especially when the return is unjustified or the complaint has been deemed unfounded.

  8. Product safety:

    • The Seller ensures that the Goods placed on the market are safe for the consumer, free from defects, compliant with legal norms and requirements, and principles of general product safety, in accordance with the GPSR and Product Safety Compliance Policy.

§3 Conditions for electronic services

  1. Scope of services:

    • The Seller provides electronic services such as enabling order placement, creating a Customer Account, or subscribing to the Newsletter.

  2. Technical requirements:

    • Using the Store requires internet access, a web browser, and an active e-mail address.

  3. Voluntary and necessary data:

    • Filling in the Order Form is voluntary but necessary to conclude a Sales Agreement.

    • When placing an order, the Customer provides personal data necessary for its fulfillment. Failure to provide the required data will prevent the order from being processed.

  4. Access costs:

    • All costs of network access and data transmission are borne by the Customer in accordance with the agreement concluded with the internet provider.

§4 Sales agreement

  1. Moment of agreement conclusion:

    • The Sales Agreement is concluded when the Customer receives an e-mail from the Seller confirming acceptance of the Order for processing.

  2. Order conditions:

    • Order conditions, including price, delivery costs, any discounts, and product specifications, are binding from the moment the Order is confirmed by the Seller.

  3. Customer Account:

    • The Customer may voluntarily create a Customer Account in the Store, which facilitates future orders, but it is not necessary to make a purchase. Access to the account is possible via a one-time access code sent to the Customer's e-mail.

  4. Promotions and discounts:

    • Promotions and discounts do not combine, unless the terms of a given promotion state otherwise. The Seller may provide discount codes (vouchers) entitling to discounts, the rules for their use are specified each time they are issued.

§5 Order fulfillment

  1. Order of fulfillment:

    • The Seller processes orders in the order they are received.

  2. Fulfillment time:

    • The order fulfillment time is given in the product description or is 1 to 5 working days, unless otherwise specified (e.g., for "Pre-orders").

  3. Inability to fulfill:

    • If it is not possible to fulfill the order within the agreed time, the Seller will immediately inform the Customer, proposing a change of date, delivery method, or cancellation of the order with a full refund of paid funds.

§6 Delivery

  1. Delivery methods:

    • Goods are delivered exclusively by mail via selected courier companies or to collection points (e.g., parcel lockers), in accordance with the information provided when placing the Order.

    • The Store does not have a stationary point of sale and does not offer the possibility of personal collection of goods at the Seller's premises.

  2. Delivery costs:

    • Delivery cost is indicated before finalizing the Order. The Customer has the opportunity to review the costs and delivery methods before confirming the Order.

  3. Shipment status:

    • The goods are properly packed and secured. The Customer, upon receiving the shipment, checks the condition of the packaging and the Goods, if possible. In case of damage, please prepare a damage report with the courier and contact the Seller. The lack of a report does not exclude the possibility of making a complaint, but it is helpful in pursuing claims.

  4. Goods exchange:

    • Exchange of a product for a different size or color is a voluntary option offered by the store, in accordance with the principle of freedom of contract specified in Article 353(1) of the Civil Code.

    • The Customer may exchange the Goods (for a different size), if possible, excluding products excluded from returns. The Seller decides on the possibility of exchange on a case-by-case basis.

    • The exchanged Goods should be delivered to the Seller in the condition in which they were received by the Customer, i.e., with paper tags, foil, and original packaging.

    • It is not possible to exchange for a different color/model; the exchange applies only to products on the same product page at the time of purchase. Products on other product pages are not subject to exchange as a variant of the same product.

    • The logistical costs of exchanging the Goods, i.e., the cost of returning the exchanged Goods and re-shipping the new Goods, are borne by the Customer, unless the Seller decides otherwise.

    • In the case of Goods exchange, the price from the day of the original order applies. This means that:

      • The Customer is not obliged to pay extra, even if the price of the product has increased since the date of purchase.

      • The Customer is not entitled to a refund of the price difference if the price of the product has decreased since the date of purchase.

§7 Payment methods

  1. Available payment methods:

    • Electronic payments (PayPal, Przelewy24, payment cards, BLIK, Apple Pay, Google Pay and Shop wallets).

  2. No cash payments:

    • Due to the Seller's use of exemption from the obligation to register sales using cash registers (mail-order sales to natural persons), the Store does not accept cash payments. Orders can only be paid for non-cash: by bank transfer to the Seller's account or through electronic payment systems. The "cash on delivery" option is not available.

  3. Fiscal documents:

    • The Seller issues an invoice (without VAT - subjective exemption) or other proof of sale upon request.

  4. Payment authorization:

    • In case of card payments, delivery of Goods will take place after successful payment authorization.

  5. Refunds:

    • Refunds are made in the same form as payment was made, unless the Customer explicitly indicates a different refund method.

§8 Liability for conformity of goods with the contract (Consumers) and warranty (Entrepreneurs)

For Consumers:

  1. Provisions on liability for conformity of goods with the contract:

    • As of January 1, 2023, the provisions on liability for conformity of goods with the contract resulting from the Consumer Rights Act apply.

    • The Seller is liable to the Consumer for any lack of conformity of the goods with the contract existing at the time of delivery and revealed within the legally specified period.

  2. Consumer's demands:

    • In case of non-conformity of the goods with the contract, the Consumer may demand that they be brought into conformity with the contract through repair or replacement.

    • If repair or replacement is impossible or excessively difficult, the Consumer may demand a price reduction or withdraw from the contract, in accordance with applicable regulations.

For Entrepreneurs:

  1. Provisions of the Civil Code regarding warranty:

    • The Seller may limit or exclude the warranty in accordance with the provisions of law. Information on the exclusion or limitation of the warranty is included in §12 of these Terms and Conditions.

  2. Notification of non-conformity or defect:

    • Notification of non-conformity of the goods with the contract or a defect in the goods should be sent to the Seller's e-mail address or in writing to the Seller's address.

    • The Seller will respond to the request within 14 days of receiving the notification.

  3. Costs related to the complaint:

    • Costs related to the complaint, including the costs of delivering the repaired or replaced Goods, are borne by the Seller.

Compliance of goods manufactured within and outside the European Union:

The Seller guarantees that all offered products, regardless of their place of manufacture, comply with the requirements of European Union regulations, including the General Product Safety Regulation (GPSR). Goods manufactured outside the EU, including in China, undergo detailed conformity assessment and safety verification before being placed on the market. The importer also ensures product traceability and stores technical documentation in accordance with legal requirements.

 

 

§9 Withdrawal from the contract by the Consumer

  1. Right of withdrawal:

    • The Consumer has the right to withdraw from a distance contract within 14 days without giving any reason, in accordance with the Consumer Rights Act.

  2. Withdrawal period:

    • The 14-day period is counted from the day on which the Consumer took possession of the Goods or on which a third party indicated by the Consumer took possession of the Goods.

  3. Withdrawal procedure:

    • To exercise the right of withdrawal, the Consumer shall submit a statement of intent (the preferred method is to report a return via the customer account; it is also possible to report a return, for example, via an online form, email or in writing) before the expiry of 14 days. The use of a model withdrawal form is not obligatory.

    • The Seller shall immediately confirm receipt of the withdrawal statement.

  4. Return of Goods:

    • The Consumer is obliged to return the Goods immediately, no later than 14 days from the date of submitting the withdrawal statement, to the Seller's warehouse address (TOMORROW ORDER SP. Z O.O., ul. Smoluchowskiego 1, warehouse 5 (3rd floor), 20-469 Lublin).

  5. Refund of payments:

    • The Seller shall refund all payments received for the Goods (with the exception of additional delivery costs if the Consumer chose a delivery method other than the cheapest, ordinary method offered by the Seller) within 14 days of receiving the withdrawal statement and the returned Goods or proof of shipment.

    • The refund will be made in the same way as the payment was made, unless the Consumer agrees to another method.

  6. Liability for the value of the Goods:

    • The Consumer shall be liable for any diminished value of the Goods resulting from their use beyond what is necessary to ascertain their characteristics and functionality.

  7. Exclusions:

    • Hygienic products (e.g. socks, men's boxers) or those covered by the exclusions in Article 38 of the Consumer Rights Act are not subject to withdrawal. 

  8. If the Consumer received a promotional product or gift ("freebie") from the Seller in connection with the purchase of another item (e.g. as part of a promotional campaign for exceeding a certain order value), withdrawal from the main contract also includes the obligation to return the received freebie in an unchanged state.

    • If the freebie is not returned, the Seller has the right to reduce the refund amount by the value of that freebie (regular price), unless otherwise stipulated in the terms of the specific promotion.

    • This provision applies in particular to promotional products whose receipt was directly dependent on the purchase of another item in the Store.

  9. Refusal to accept returns and costs:

    • If the return of goods is unjustified (e.g., it was made after 14 days, the goods show signs of use exceeding what is necessary to familiarize oneself with their nature and functionality, or the item being returned is a hygienic product or a product covered by the exclusions in Article 38 of the Consumer Rights Act), the Seller has the right to refuse to accept the return. In such a case, the cost of returning the goods to the customer shall be borne by the customer. The Seller is not obliged to store such a product; if the consumer fails to pay the costs of returning the goods, the goods will be disposed of within 30 days of the request for payment of the logistics fee.

 

 

§10 Complaint procedure

  1. Types of complaints:

    • Complaints may be submitted due to non-conformity of the goods with the contract (Consumers) or defects in the goods (Entrepreneurs), as well as regarding the provision of services by electronic means.

  2. Contents of the complaint:

    • The complaint should include data enabling identification of the Customer and the order, an indication of the subject of the complaint and the circumstances justifying it. The complained goods should be sent to the warehouse address: TOMORROW ORDER SP. Z O.O., ul. Smoluchowskiego 1, warehouse 5 (3rd floor), 20-469 Lublin.

  3. Complaint handling period:

    • The Seller shall respond to the complaint within no more than 14 days from the date of its receipt (Article 561(5) of the Civil Code).

    • If the handling of the complaint requires an expert assessment of the product by the Seller - the period for handling the complaint shall commence from the moment the goods are delivered to the Seller (in accordance with Article 561(2) of the Civil Code).

  4. Rejection of a complaint as unfounded:

    • If the complaint is deemed unfounded, the Seller has the right to charge the customer for the cost of return shipping. The Seller is not obliged to store such a product; if the Consumer fails to pay the costs of returning the goods, the goods will be disposed of within 30 days of the request for payment of the logistics fee.

 

 

§11 Out-of-court dispute resolution methods

  1. Options for Consumers:

    • The Consumer has the option of using out-of-court complaint handling and claim enforcement methods, including mediation, assistance from municipal or district consumer advocates, Provincial Inspectorates of Trade Inspection, or the ODR (Online Dispute Resolution) platform available at: https://ec.europa.eu/consumers/odr.

  2. Voluntariness:

    • The use of out-of-court dispute resolution methods is voluntary and requires the consent of both parties.

 

 

§12 Provisions concerning entrepreneurs

  1. Scope of the paragraph:

    • This paragraph applies only to Customers who are not Consumers.

  2. Transfer of risk:

    • Upon delivery of the Goods to the carrier, the risk of accidental loss or damage to the Goods passes to the Customer who is not a Consumer.

  3. Exclusion of liability:

    • In relation to Customers who are not Consumers, the Seller's liability under warranty is excluded to the fullest extent permitted by law.

  4. Right of withdrawal from the contract and rejected complaints:

    • Customers who are not consumers do not have the right to withdraw from the contract, unless this has been explicitly stated in the terms of sale. In the case of rejected complaints, all logistical costs, including return shipping and expert opinions, shall be borne by the entrepreneur.

  5. Dispute resolution:

    • Any disputes between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.

 

 

§13 Final provisions

  1. Application of legal provisions:

    • In matters not regulated by these Regulations, the applicable provisions of Polish law and European Union law shall apply, including the Civil Code, the Act on the provision of services by electronic means, the Consumer Rights Act, GDPR, and other relevant acts and regulations.

  2. Changes to the Regulations:

    • The Seller reserves the right to make changes to the Regulations for important reasons (e.g., changes in legal provisions, expansion of the offer). The Customer will be informed of the content of the changes on the Store's website each time. Changes do not affect orders placed before the changes come into force.

  3. Entry into force:

    • The Regulations come into force on March 12, 2026 on the Store's website and are binding in their currently available version.

  4. Language of the agreement:

    • Sales agreements are concluded in Polish.

  5. Access to the Regulations:

    • The Customer has access to the Regulations at any time via the link placed on the Store's website. They can download it and print it out.