The Avenue's Terms and Conditions(www.theavenue.pl)

effective as of 25 December 2014

 

1. General Provisions

 

  1. These provisions apply to the conditions and rules for sales via The Avenue, an online store owned by Unhuman, a company headquartered at the address Ul. Jagodowa 2, 60-185 Skórzewo, Poland. Tax Identification Number: 782-200-41-86, National Business Registry (REGON) No.: 300688406, phone: +48 61 646 00 23, which is engaged in online sales of brand-name clothing, shoes and accessories at the following URL: www.theavenue.pl.

  2. Sales take place via the Internet in the form of a remote agreement between the purchaser, hereinafter referred to as the Customer, and the vendor, hereinafter referred to as the Seller.

  3. To make a purchase at www.theavenue.pl , the Customer must accept browser cookies.

  4. The Service will operate in any updated and properly configured browser, e.g. Mozilla Firefox or Google Chrome.

  5. The purchaser may be any natural person, legal person or organizational unit without legal personality that has an email account as well as legal capacity.

  6. Every person placing an order at www.theavenue.pl is obligated to read our Terms and Conditions. A Customer's unfamiliarity with the Terms and Conditions shall not prevent them from applying.

  7. During the process of making a purchase at www.theavenue.pl, the Customer shall confirm having read the Terms and Conditions and agree to accept them in their current form.

  8. The Seller agrees to perform the subject of the Purchase Order in a timely and reliable manner, as well as in compliance with the law.

 


2. Customer details

 

  1. It is necessary to provide all required contact information, such as an email address and phone number, for a purchase to be completed.

  2. The Seller reserves the right to refuse to complete an order if the data provided by the Customer is incomplete (lack of name, address, phone number or email address) or if the data provided by the Customer is incorrect or false.

3. Privacy Policy

  1. It is not obligatory for a customer to reveal personal data, however, it is not possible to make a purchase without doing so. The Customer agrees to the use of their personal data to the extent necessary for the Seller to complete their order (i.e. to deliver the products and receive their payment).

  2. The Seller shall act in accordance with the requirements of the 29 August 1997 Personal Data Protection Act (consolidated text: Journal of Laws of 2014 r. item 1182). Under that Act, Customers have the right to view their personal data and make necessary changes, as well as withdraw their permission to have it processed.  In order to do so, the Customer should send a specific request to: sklep@theavenue.pl.

  3. Customer details shall remain confidential and shall not be disclosed to third parties.

 4. Delivery costs, fees for returns of goods in case of withdrawal from this agreement, fees for delivering goods in case of claims, and other costs shall be covered by the Customer.

  1. All prices displayed at www.theavenue.pl are provided in Polish zloty (PLN) and include tax.

  2. The Customer shall be obliged to pay for purchased products after placing an order.

  3. The prices displayed do not include shipping costs.

  4. Product shipping costs are provided in Polish zloty (PLN) and include tax. When placing an order, the Customer shall be informed about current shipping costs depending on the selected delivery form.

  5. Shipping costs are specified in the order form. Shipping costs vary depending on delivery type and are provided when selecting the method of delivery.

  6. The Customer shall be obligated to cover the shipping costs.

  7. The Customer shall cover shipping costs for returns resulting from withdrawing from an agreement.

  8. In case of withdrawal from an agreement, if the Customer had chosen a type of delivery other than the least expensive type of standard delivery we offer, then the Seller shall not be required to reimburse the additional costs.

  9. In case of returning products for which a refund is being claimed, the Seller shall cover the cost of the least expensive shipping option it offers.

  10. If the Customer does not accept a payment-on-delivery order, then it shall be obliged to cover the shipping costs of returning the products.

  11. The Seller reserves the right to change product prices on an ongoing basis, as well as introduce or stop any promotional campaigns and sales. This provision does not affect orders placed before changes to prices or the terms of special offers or sales.

 5. Purchases

  1. Ordering takes place via the form available at www.theavenue.pl.

  2. Adding a product to the cart and pressing the Process Order button (which signifies that the Customer is aware that placing an order shall obligate them to pay for the purchased products) and then the Confirm purchase button shall signify the placement of an order with an obligation to pay.

  3. The agreement shall be considered entered into when the Seller confirms immediately, via e-mail, that the Customer's order has been received and that the order has been accepted for processing.

  4. Payment shall be transferred to the account specified by the Seller or made by debit- or credit-card via PayPal. There are two payment methods available:
            1) Prepayment -  a bank transfer is made after the Seller accepts the order but before the products are sent. Payment shall be made directly to the account of the Seller within 7 days of the date of placing an order via PayU, PayPal or traditional bank transfer; the transfer description must include the number of the order,
            2) Payment on delivery - payment is handed to the courier on delivery.

 

Details for bank transfers:

Unhuman
Jagodowa 2
60-185 Skórzewo, Poland
mBank
07 1140 2004 0000 3902 7478 6828

TRANSFER DESCRIPTION: order no. ....

      5. The Seller shall provide notification of changes made to the order. This information is to be sent to the e-mail address specified by the Customer.



6. Delivery

 

  1. Orders shall be delivered within Poland and the European Union by the courier service DPD.

  2. Orders shall be completed within 2 business days of the payment posting to the Seller's account. Holidays shall not be treated as business days.

  3. If the ordered product is currently unavailable at the warehouse or at the store’s suppliers, the Customer shall be notified in order to decide how the order should be further handled (e.g. extend the completion time or cancel the order).

  4. If the Customer does not accept a payment-on-delivery order, the Seller shall reserve the right to withdraw from the agreement without providing prior notice to pick up the package.

 

7.  Product exchange/return DOWNLOAD THE FORM -> CLICK HERE

 

  1. If an ordered product does not meet the Customers’ expectations, it can be exchanged. In such a situation, the Customer has the right to exchange the purchased product for another one (the same product in a different size or a different model).  To inform the store that you want to exchange products purchased at The Avenue, contact us at sklep@theavenue.pl. The Seller shall cover the costs of exchanging products only once. Return packages shall be delivered by a courier (applies for orders within Poland). The courier shall deliver a new product and collect the one to be exchanged. 

  2. The Customer must contact the Seller within 30 days of receiving the package and submitting the return/exchange form.

  3. The shipping costs of the first exchange shall be covered by the Seller.

  4. Attach the proof of purchase to the returned products.

  5. The Seller shall not accept return packages to be paid cash-on-delivery nor packages for which the terms of exchange have not been determined.

  6. The product must be in exactly the same condition as if it had been returned after examining it in a brick-and-mortar store, and must not show any sign of use. Please try on shoes on a soft floor (floor-covering, carpet, etc.) because hard surfaces can scratch soles.

  7. Gifts are not subject to being exchanged.


8. Withdrawing from the agreement - DOWNLOAD THE FORM -> CLICK

 

  1. In accordance with the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827) the Customer has the right to withdraw from the agreement without providing a reason within 30 days of the day when the product was handed over to them or a person they specify. To comply with this deadline, it is enough for the Customer to send a statement before its expiry. The statement can be entered in on the form.

  2. In order to withdraw from the agreement, the Customer shall be obliged to send a statement of withdrawal to: sklep@theavenue.pl

  3. In case of withdrawal from the agreement, the Seller shall return the Customer all received payments, including the cost of delivering the products (with the exception of additional costs resulting from the Customer's choosing a delivery form other than the least expensive ordinary delivery offered by the Seller) and do so immediately (any in any case, no later than 14 days from the date of receipt of the declaration of withdrawal).

  4. The Seller shall refund the payment using the same payment methods that were used by the Customer in the initial transaction, unless the Customer explicitly agrees to another solution that does not create additional costs for the Customer. The refund may be credited to the Customer's store account within 14 days of the Store receiving the product or the Customer providing proof that it sent it back. The refund will be available for use for subsequent orders. If the Customer desires a cash refund, it shall be obliged to send an email regarding said preference to: sklep@theavenue.pl or enter the statement in on the form.

  5. The Seller may withhold a refund until the product is delivered or proof it was sent back is provided, whichever occurs earlier.

  6. The Customer shall return the products immediately (and in any case, no later than within 30 days of informing the Seller about its withdrawal from the agreement). To comply with this deadline, the Customer must return the products within 30 days.

  7. Products must be returned with their proof of purchase within 30 days of withdrawal from an agreement. Products must be returned in an unaltered form, unless an alteration was necessary within the bounds of ordinary handling.

  8. Products returned to an address other than The Avenue ul. Wierzbowa 141a, 62-081 Wysogotowo, Poland will not be accepted.

    9. Claims DOWNLOAD THE FORM -> CLICK HERE

 

  1. The Customer shall be entitled to request that a faulty product is brought into a state that complies with the agreement. If the Seller is not able to meet the specified requests (e.g. exchange a product for one free of defects or fix the defects immediately and without inconvenience to the Customer), then the Customer shall have the right to request a price reduction or withdraw from the agreement (i.e. a refund).

  2. The Seller shall be released from warranty obligations for a physical defect if the Customer knew about the defect when entering into the agreement.

  3. A claim shall be considered within 14 days of receiving a faulty product.

  4. The Seller will handle a claim only if the Customer returns the faulty products, their proof of purchase and submits a claim form describing the claim.

  5. The claim should be sent to: sklep@theavenue.pl. The Customer must provide:

- information on the claim and the circumstances surrounding it,

- the type of defect and the date it was discovered,

- how the product is to be brought into a state that complies with the agreement,

- contact information for the Customer filing the claim.

  1. Faulty products sent to an address other than The Avenue ul. Wierzbowa 141a, 62-081 Wysogotowo, Poland will not be accepted.

 


10. Copyright.

 

  1. All products presented at www.theavenue.pl have been published with the knowledge and consent of the respective owners of the industrial designs of the products.

  2. The Seller, i.e. Magdalena Hauser-Nowak, doing business as "The Avenue", is the sole owner of all the copyrights in the product descriptions, pictures and other materials published in the Service. In accordance with the Copyright Act of February 4, 1994 (consolidated text: Journal of Laws of 2006 No 90, item 631, as amended) any unauthorized copying or distribution (in part or in whole) of descriptions and pictures shall be considered a breach of the copyright rights of the owner of said materials.

 11. Final provisions

  1. Any and all information on products offered by the Seller are the same as that in the manufacturer's catalogue data. Product pictures have been published on the store website for demonstration purposes and serve to advertise the specific products visible in those pictures. Product photos may slightly differ from the actual products.

  2. The Seller reserves the right to make changes to these Terms and Conditions at any time. Said changes shall apply from the moment they are pointed out to Customers and published on the store website, as well as emailed to Customers who had placed orders before the changes were introduced. The current Terms and Conditions are available on the store's website. Changes made to the Terms and Conditions shall not affect rights acquired from already concluded sales agreements.

  3. In matters not regulated by the provisions hereof, the applicable provisions for relationships between enterprises and consumers shall apply.

 

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