Terms & Conditions for the online shop www.tearsandfearsclth.com

I. GENERAL TERMS.

1. Sale of goods through this website is carried out by Magdalena Skleniarz TEARS & FEARS conducting business activity at the address: ul. Juliusza Lea 118 30-133 Kraków, VAT No. PL 6772289707 who is also a Seller.

2. This Terms & Conditions applies only to contracts with Customers who are not Polish residents. For customers from Poland, see here 

3. Each purchase is regulated by these general terms § conditions in the actual version published on the website. It can be also downloaded by the Customer in pdf format.

4. By using this website and/or by placing any order through it, Customer undertake:

   1. To use the Website exclusively to make legitimate enquiries or orders,

   2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities,

   3. To provide correct and accurate e-mail, postal and/or other contact details for the proper execution of the purchase order.

5. By placing an order through the Website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

6. For proper operation of the Website is required to have a web browser with JavaScript support, HTM5 and CCS3.

II. PURCHASE AGREEMENT.

1. The Product presentation on the Website, which is not binding for the Seller, represents a simple invitation towards the Customer to place a purchase order and not an offer to the public.

2. Before purchasing the Products, by sending the purchase order, the Customer will be requested to carefully read these General Terms & Conditions, to print a copy by pressing the printing and saving button or reproduce a copy for personal use.

3. The Customer’s purchase order is accepted by the Seller with the transmission of an order confirmation email to the Customer, at the email address indicated by the latter to the Seller when registering to the Website or placing the order in case the Consumer is not registered to the Website.

III. ORDER.

1. Orders in the store are realized only through the Website. Shop accepts orders online around the clock, seven days a week, except technical breaks. Orders are executed from Monday to Friday, except holidays.

2. For the correct order placement select the Products you require from the Website and click „Buy Now”/”Add to Bag”. Choose the quantity of goods you wish to purchase.

3. Review your Bag making sure all specifications such as size and colour fit your requirements, then click "Go to checkout".

4. Clicking "Go to checkout" activates the page where you can enter the Customer's data required to complete the transaction and delivery of ordered goods. Customers purchasing through registered accounts do not have to re-enter the data.

5. When submitting orders - until you press the "I buy and pay" - the Customer can modify the input data and the selection of the Products. To do this, follow the prompts and informations available on the Website.

6. The Customer accepts that the acceptance of an order by the Seller is associated with the conclusion of a legally binding contract of sale and the obligation to pay the price specified in the order, together with the shipping costs.

7. After you press the „I buy and pay” you will proceed to the secure payment page where you may select the payment type and complete your order. Following submission of your order you will be sent an automated order acknowledgement to the email address provided.

8. The Customer may pay by PayPal. Payment will be taken in GB pounds (£), or euro (EUR). All prices include legally applicable sales tax.

4. DELIVERY OF GOODS.

1. Shipping costs will be specified when ordering. In case of orders for an amount in excess of 70 EUR delivery is free.

2. When ordering Products from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as the Seller has no control over these charges and cannot predict what they may be.

3. Delivery of goods will take place at the delivery address specified by Customer in the order.

4. The Seller will take any necessary measures to deliver Products within 30 (thirty) days from the day after the order was confirmed by Seller.

5. We shall aim to let you know, if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

6. Should the order not be processed by the Seller due to Product out-of-stock, even if temporarily, the Seller will notify the Consumer in writing and refund the sums potentially already paid by the Consumer for the Product.

7. If the Customer decides to cancel the order and a pre-payment was made, an automatic refund of that amount, together with the costs of delivery will take place within 14 days after receipt by the Seller email message informing of the cancellation of the Customer order.

8. We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.

5. RETURNS.

1. The Customer has the right to withdraw from purchase agreement within 14 days without giving any reason.

2. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

3. All unwanted goods should be returned in a resaleable condition.

4. If your order consists of multiple items which are received by you or collected on different days, then the cancellation period (in respect of your whole order) ends on the day 14 days after the day on which the last of the items are received by you (or a person you have nominated to receive the order) or are collected by you.

5. You can withdraw by sending an email to: contact@tearsandfearsclth.pl, using the following form:

I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods:

Ordered on(1)/received on (1),

Name of consumer(s),

Address of consumer(s),

Date

Signature

6. You must return Products by post to: Magdalena Skleniarz TEARS & FEARS, at the address: ul. Juliusza Lea 118 30-133 Kraków no later than 14 days after the day on which you informed the Seller that you would like to 1. withdraw from purchase agreement. Any returns are at your own risk. For your protection, the Seller recommends that you return your items via registered post.

7. You must pay for any return delivery costs, except where the wrong item has been sent to you or the item is defective.

8. Reimbursement is made on specified by the Customer's bank account. Seller may withhold the reimbursement pending receipt of the goods or confirmation of shipment, depending on which of these activities is sooner.

VI. WARRANTY.

1. The products offered on the Website are brand new and original.

2. Seller shall be liable to the Customer for defects of Products and its non-compliance with the agreement.

3. The complaint may be filed by mail or e-mail (contact@tearsandfearsclth.com) in parallel with sending back the Products with a description of the defect and proof of purchase.

4. The customer receives information about the complaint within 14 days from the date of receipt by the Seller package containing a defective product. In case of positive consideration of the complaint the Seller will send a full blown product within 14 days.

5. In case of rejection of the complaint, the goods will be returned together with an opinion as to the illegitimacy of the complaint.

VII. PRIVACY POLICY AND COOKIES.

1. The Seller may collect personal identification information from Customers in a variety of ways, including, but not limited to, when Customers visit the Website, register an orderfill out a form and in connection with other activities, services, features or resources we make available on the Website. Customers may be asked for, as appropriate, name, email address, mailing address, phone number, Customers may, however, visit the Website anonymously.

2. The Seller will collect personal identification information from Customers only if they voluntarily submit such information. Customers can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Website related activities.

3. The Seller may collect non-personal identification information about Customers whenever they interact with Website. Non-personal identification information may include the browser name, the type of computer and technical information about Customers means of connection to Website, such as the operating system and the Internet service providers utilized and other similar information.

4. Our Website use "cookies" to enhance Customers experience. Customer's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

5. The Seller collects and uses Customers personal information to process transactions.

6. We may use the information Customers provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

7. The email address Customers provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions.

8. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Website.

9. The Seller has the discretion to update this privacy policy at any time. When that happens, we will post a notification on the main page of the Website,. We encourage Customers to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

10. By using this Website, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

8. FORCE MAJEURE.

1. The Seller will not be deemed liable in case of total or partial insolvency of his obligations in force of any agreement stipulated according to these general sales conditions, when said insolvency is caused by unforeseeable and/or natural events outside his reasonable control, including for example and not limited to, catastrophic natural events, acts of terrorism, wars, popular rising, lack of electric energy, general strike of public and/or private workers, strike and/or restrictions concerning carrier's routes and airplane connections.

IX. FINAL PROVISIONS.

1. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.

2. Your use of the Website, any purchase by you on the Website of any Products and these conditions will be governed by and construed in accordance with the laws of Poland and will be deemed to have occurred in Poland. You agree, as we do, to submit to the non-exclusive jurisdiction of the Polish courts.

3. Customers statutory rights are not affected by these General Terms § Conditions.