Terms and Conditions

SOITALIAN.PL ONLINE STORE – TERMS & CONDITIONS (v2.0)
Effective date: 24 January 2023

WELCOME / LEGAL DOCUMENTS

Hello,
We’re glad you’ve found your way to the legal documents section of our Store. That usually means you’re an informed Customer who cares about consumer rights and makes conscious purchasing decisions.

Here’s the good news: in our Store we focus not only on product quality and friendly service, but also on protecting your rights when shopping online. Our documents comply with applicable laws, in particular the latest version of the Polish Consumer Rights Act.

If you have any questions about our rules or about the products offered in our online store, feel free to contact us. We don’t leave questions unanswered.

Phone: +48 512 619 619
E-mail: [email protected]

SO ITALIAN BOUTIQUE
ul. Wróblewskiego 19a
93-578 Łódź, Poland

You can review the previous version of these Terms & Conditions (v1.0) via the link provided in the Store.

TERMS & CONDITIONS OF THE ONLINE STORE SOITALIAN.PL

1. GENERAL PROVISIONS

In this first section we introduce ourselves, explain how to contact us, and define key terms used throughout these Terms & Conditions.

1.1. The Online Store is available at: www.soitalian.pl and its subpages / extensions.

1.2. The Online Store is operated by:
STLN Reszpondek Spółka Komandytowo‑Akcyjna, with its registered office in Łódź (ul. Wróblewskiego 19a, 93-578 Łódź, Poland),
KRS: 0000942331, NIP: 7292741993, REGON: 52078238800000, BDO: 000584027
(hereinafter: the “Seller”).

1.3. You can contact the Online Store:
a) by e-mail: [email protected];
b) by phone: +48 512 619 619 (call center hours: 10:00–16:00, Monday–Friday, excluding public holidays);
c) by post / correspondence address: SO ITALIAN BOUTIQUE, ul. Wróblewskiego 19a, 93-578 Łódź, Poland.

1.4. Acceptance of these Terms & Conditions is voluntary, but required to use certain Store features (e.g., creating a Customer Account or placing an Order).

1.5. These Terms & Conditions are made available free of charge in the Online Store in a way that allows Users to:
a) read their content;
b) save or reproduce their content (e.g., print it or download a PDF);
c) access both the current version and previous versions.

1.6. DEFINITIONS
Whenever the following terms are used in these Terms & Conditions with capital letters, they have the meanings below, unless the context clearly indicates otherwise:

a) PROMOTIONAL CAMPAIGN – special sales terms for Products or services offered by the Seller for a specified period, available to Customers under the rules described for that campaign (e.g., a price reduction, a Promotional Set, reduced or free Delivery). Details are governed by the Promotional Campaign Rules made available in the Online Store. If a Promotional Campaign applies, its rules take precedence over these Terms & Conditions.

b) BOK (Customer Service) – the Store’s Customer Service Office, providing information about Store operations, Products and Order handling.

c) PRICE – the gross amount (including tax) expressed in Polish zloty (PLN) due to the Seller for transfer of ownership of a Product to the Customer under the Sales Agreement. The Price does not include Delivery costs unless the terms of a Promotional Campaign state otherwise.

d) CUSTOMER – (1) a natural person; or acting through an authorized representative (2) a legal person; or (3) an organizational unit without legal personality that has legal capacity under the law; having full legal capacity. If the Customer is a natural person with limited legal capacity, they undertake to obtain the effective consent of their legal representative to conclude the Service Agreement / Sales Agreement and to provide such consent upon the Seller’s request.

e) CONSUMER – a natural person performing a legal act with an entrepreneur that is not directly related to their business or professional activity, within the meaning of Article 22(1) of the Polish Civil Code of 23 April 1964.

f) CUSTOMER ACCOUNT – an Electronic Service; a set of resources in the Seller’s IT system identified by an individual Login and Password chosen by the Customer, enabling additional Store functionalities. The Customer logs in using the Login and Password after completing Store registration. The Account allows saving and storing delivery address data, access to Order history and other Seller-provided services.

g) CART – an Electronic Service available to each Customer using the Online Store, enabling easy placement of an Order for one or more Products, entry of discount codes (where applicable) under separate Promotional Campaign rules, and viewing a summary of Product Prices and the total (including any Delivery costs). The Cart also allows setting and modifying Order details (in particular: quantities, delivery address, invoice data, delivery method, payment method). As part of the Cart service, the Seller may send the Customer transactional emails about Products left in the Cart or a failed / rejected payment transaction. The Cart collects the Customer’s offers to conclude Sales Agreements; within one Order, more than one offer may be submitted.

h) LOGIN – the Customer’s username provided when creating a Customer Account.

i) NEWSLETTER – an Electronic Service enabling subscribed Users to receive periodic information about the Store (including Products, operations, marketing actions and Promotional Campaigns) to the email address provided, based on the User’s explicit consent.

j) PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller in return for payment of the Price. The Product constitutes “goods” within the meaning of Article 2(4a) of the Polish Consumer Rights Act of 30 May 2014.

k) ENTREPRENEUR‑CONSUMER – a Customer who is a natural person concluding an agreement directly related to their business activity, where the content of the agreement shows it is not professional in nature for them (in particular in light of the business scope disclosed in the Polish CEIDG register).

l) TERMS & CONDITIONS – this document, specifying in particular the rules for concluding Sales Agreements and the rules for providing and using services offered by the Seller via the Online Store. It defines the rights and obligations of Users (including Customers) and the Seller. For electronically supplied services, these Terms & Conditions constitute the rules referred to in Article 8 of the Act of 18 July 2002 on Provision of Services by Electronic Means.

m) ONLINE STORE – the Seller’s Polish-language online sales service available under www.soitalian.pl.

n) PRODUCT PAGE – a Store page containing detailed information about a Product.

o) CONTENT – text, graphic or multimedia elements (e.g., Product information, photos, promotional videos, descriptions, comments), including works protected by copyright and related rights as well as images of natural persons, published within the Store by the Seller, the Seller’s contractors, the Customer, or another person using the Store.

p) SALES AGREEMENT – a sales agreement within the meaning of the Polish Civil Code, under which the Seller sells a Product to the Customer for the Price plus any additional charges (including Delivery costs), as specified in these Terms & Conditions. The Sales Agreement is concluded remotely after the Seller accepts the Order under these Terms. It specifies in particular the Product, its main features, the Price, Delivery costs and other essential terms. Each Product is the subject of a separate Sales Agreement. For objective (factually justified) reasons, the Seller may reserve that a single agreement covers several Products due to a direct link between them (e.g., a Promotional Set), in accordance with the Promotional Campaign rules.

q) ELECTRONIC SERVICE – a service provided electronically within the meaning of the Act of 18 July 2002 on Provision of Services by Electronic Means, supplied by the Seller to the Customer via the Online Store under a Service Agreement. Where services are supplied by entities cooperating with the Seller, the relevant terms are described in those entities’ regulations.

r) USER – a natural person browsing the Store without creating an Account or making a purchase.

s) ORDER – the Customer’s declaration of intent expressing a direct intention to conclude a remote Sales Agreement, submitted using distance communication, specifying the Product(s) and the Customer data needed to potentially conclude and perform the Sales Agreement. Each Product ordered is treated as an independent offer by the Customer to conclude a Sales Agreement (technical facilitation). During a Promotional Campaign, the Seller may require that several Products be covered by a single Sales Agreement within a Promotional Set due to objective reasons arising from a direct link between Products. An Order may have one number and offers may be processed in parallel. Acceptance of the Order means the Sales Agreement is concluded.

2. RULES FOR USING THE ONLINE STORE

In this section we explain the minimum technical requirements needed to use the Store effectively.

2.1. Minimum technical requirements:
a) a device with Internet access;
b) an up-to-date web browser (latest version recommended);
c) an active e-mail account to create a Customer Account and/or place an Order.

2.2. The Seller does not guarantee uninterrupted or error-free operation of the Store. The Seller may suspend or limit access to the Store at any time without prior notice. The Seller will strive to restore normal operation as quickly as possible. Technical breaks should not affect Orders already placed.

2.3. The Seller is not responsible for content of external websites to which the Customer may be redirected via links in the Store (e.g., courier companies or payment operators).

3. ELECTRONIC SERVICES IN THE ONLINE STORE

In this section we describe electronic services available in the Store (e.g., Cart, Newsletter) and how to submit complaints about them.

3.1. The Seller provides the following Electronic Services free of charge via the Store to Users (including Customers):
a) maintaining a Customer Account (if registered);
b) enabling Customers to place Orders and conclude Sales Agreements under these Terms;
c) displaying advertising content tailored to Customer interests;
d) enabling use of the Cart;
e) enabling browsing of Store Content, including marketing content;
f) enabling subscription to Product availability notifications;
g) contact form;
h) Newsletter.

Customer Account

3.2. For Customers with a Customer Account, the Seller additionally provides:
a) keeping the Customer session active after login (via the browser);
b) storing and providing Order history via the Account;
c) storing and providing return history via the Account;
d) enabling changes to Customer data within the Account;
e) enabling posting Reviews;
f) enabling download of personal data processed by the Seller;
g) enabling receipt of notifications from the Seller;
h) enabling adding Products to a wishlist;
i) enabling viewing granted coupons.

3.3. To create an Account, the Customer must:
a) complete the registration form (name and surname, e-mail, phone number, password), give consent for personal data processing, accept these Terms and the Privacy Policy;
b) confirm creation of the Account by activating the link sent to the e-mail address provided (double opt-in);
c) complete successful registration, confirmed by an e-mail from Customer Service.

3.4. The Service Agreement is concluded when the Customer receives the registration confirmation sent to their e-mail address. The Account is provided free of charge for an indefinite period. The Customer may delete the Account at any time without giving reasons by sending a request to the Seller (e.g., using the contact details in section 1.3).

Cart

3.5. The Cart service starts when the User adds the first Product to the Cart.

3.6. The Cart is provided free of charge for the time the Cart contains Products that have not been purchased. Once an Order is placed and successfully paid, the Cart service ends.

3.7. The Customer can correct data in the Cart panel by adding or removing items. Removing one item may automatically remove another item if Products are directly linked. The Cart also allows setting and changing Order details (delivery address, invoice data, delivery method, payment method, discount codes).

Newsletter

3.8. The Newsletter service includes:
a) sending to subscribed Users (Service Recipients) who provide their e-mail address, by electronic means (including automated systems), commercial information about the Seller’s and the Seller’s partners’ products and services, in particular current offers, promotions, discounts and marketing campaigns (e-mail marketing);
b) sending by post to Service Recipients who provide personal data (including name, surname, address, postal code, city, country), in particular those who placed an Order or created an Account, commercial information including vouchers or dedicated promotional offers (marketing mailings);
c) sending to Service Recipients who provide their phone number, including via automated systems, commercial information about the Seller’s and partners’ products and services, in particular offers, promotions, discounts and marketing campaigns (SMS marketing).

3.9. To use the Newsletter, the User must:
a) provide at least an e-mail address or phone number and first name in the designated field or select the checkbox for the chosen communication channel;
b) accept these Terms (including, where applicable, by clicking an activation link sent to the provided e-mail address) and confirm they have read the Privacy Policy. The Seller may also provide other acceptance methods.

3.10. The Newsletter is provided for an indefinite period.

3.11. The Service Recipient may unsubscribe at any time without giving reasons, in particular by: contacting the Seller using the details in section 1.3, clicking the unsubscribe link in a Newsletter email, or using the relevant button on the Store page accessible via the first message sent to the provided phone number. Unsubscribing from one channel does not automatically unsubscribe from other Newsletter channels.

3.12. The Seller may terminate the Newsletter Service Agreement with one month’s notice for valid reasons (closed list):
a) changes in laws governing electronic services affecting rights and obligations under the Agreement, or changes in interpretation of such laws due to court rulings, decisions, recommendations or guidelines of competent authorities;
b) changes to service provision due solely to technical or technological reasons (including updates to technical requirements set out in these Terms);
c) changes in the scope of services covered by these Terms by introducing new functionalities/services or modifying/withdrawing existing ones.

3.13. The Seller will send its notice to the e-mail address or phone number provided by the Service Recipient.

3.14. The Seller may terminate the Agreement with seven days’ notice or refuse further access to the Newsletter, and may also limit access to some or all content, for valid reasons, i.e., in the event of a material breach of these Terms by the Service Recipient (closed list): unlawful use of the Newsletter, infringement of third-party rights, violation of these Terms or accepted standards of conduct, in particular by providing unlawful content.

Complaints regarding Electronic Services

3.15. Complaints related to Electronic Services may be submitted in any form. We recommend using the contact methods listed in section 1.3.

3.16. A sample complaint form is available below these Terms in the Store.

3.17. The Seller will respond to the complaint promptly, no later than within 14 days from the date it is submitted.

4. PLACING ORDERS AND CONCLUDING SALES AGREEMENTS

This section explains how to buy our Products: how to place an Order and when the Sales Agreement is concluded.

4.1. Information presented in the Online Store constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Polish Civil Code, and does not constitute a binding offer within the meaning of the Civil Code.

4.2. The main features of the performance (including the subject matter and method of communication with the User) are specified on the Product Page or otherwise in a manner appropriate for the Product. If a Product does not have certain features/properties/functions (e.g., outlet products), the Seller will clearly inform the User before the Order is placed.

4.3. As the Product range and services develop, and due to their specific nature, the Seller may introduce limitations on how Orders for certain Products can be placed. If several Orders are placed at the same time and at least one is subject to such limitation, it may affect available ordering methods for the other Orders as well.

4.4. A Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order.

Placing Orders

4.5. The Seller enables Orders in the following steps:
a) the Customer adds the selected Product(s) to the Cart and proceeds to the checkout form;
b) if the User is logged into a Customer Account, they confirm in the checkout form that the data needed to place the Order is up to date;
c) if the User does not have a Customer Account, they complete the checkout form by providing: name and surname, address (street, building/apartment number, postal code, city, country), e-mail address, phone number, and details of the Sales Agreement: delivery place/method and payment method. For non-Consumer Customers, company details and VAT ID (NIP) are also required. For Entrepreneurs, the Seller may ask for PKD business activity codes.
d) providing outdated or untrue data may prevent Order fulfilment and conclusion of the Sales Agreement;
e) when completing the Order form, the Customer selects the payment method and, where delivery applies, the delivery method;
f) the Customer submits the Order to the Seller (submits an offer). If the Customer has no Account and has not previously accepted these Terms, they must accept the Terms and confirm they have read the Privacy Policy;
g) depending on the payment method, the Customer may be redirected to an external payment service provider to complete the payment or provide data for instalments / deferred payment.

4.6. The Seller promptly sends an automatic e-mail to the Customer confirming receipt of the Order to the e-mail address provided.

4.7. After verifying the Order, without undue delay the Seller sends an e-mail to the Customer:
a) confirming acceptance of one or more offers for Products included in the Order and confirming conclusion of the Sales Agreement (acceptance of the Order for the Products listed in the message); or
b) informing the Customer that not all offers can be accepted (e.g., due to missing payment).

4.8. The Sales Agreement is concluded when the Seller confirms acceptance of the offer(s) from the Order by sending the e-mail referred to above for the Products included.

4.9. By placing an Order, the Customer agrees to receive receipts/invoices, corrective invoices and duplicates electronically to the e-mail address provided. The Seller sends the receipt/invoice with the Order confirmation. The Customer declares they will accept electronic invoices at their e-mail address.

4.10. If not all offers in an Order can be accepted, Customer Service will contact the Customer to:
a) inform them that not all offers can be accepted; or
b) confirm whether the Customer wishes to proceed with partial fulfilment for Products the Seller can accept. The Customer may then cancel the entire Order (all offers), without prejudice to the right of withdrawal. Cancellation releases the Seller from fulfilment. If the Order is cancelled, the relevant provisions below apply.

4.11. If an offer from an Order cannot be accepted, the Sales Agreement is not concluded for the Products indicated by Customer Service, and the Seller will refund the payments made by the Customer for that part without delay, no later than within 14 days.

4.12. The Seller may inform the Customer about Order status, in particular via e-mail, SMS or phone.

4.13. The Seller aims to ensure availability of Products and fulfilment of Sales Agreements. If performance is impossible due to extraordinary/unforeseen circumstances or as provided by law, the relevant Civil Code provisions (including Articles 493–495) may apply, including the obligation to refund the Consumer without delay.

4.14. The total Order value includes the Price, delivery costs and any other optional paid services chosen by the Customer. The Seller may set a minimum Order value threshold for free delivery. Before placing an Order and concluding the Sales Agreement, the Customer is informed of: the total price including taxes, delivery costs and other charges, or—if the amount cannot be determined in advance—of the obligation to pay them.

4.15. Promotional Campaigns in the Online Store do not combine, unless a given promotion expressly states otherwise.

5. PAYMENT METHODS AND PAYMENT DEADLINES

We’re flexible—our Store offers various payment methods. See how you can pay for your Order.

5.1. The Seller provides various payment methods through trusted payment intermediaries:
a) online payments (e.g., PayU, BLIK, Przelewy24, PayPal);
b) payment by card;
c) deferred payment (PayPo, Twisto);
d) cash on delivery.

5.2. The currently available payment methods are shown in the Store before placing an Order and before concluding the Sales Agreement. Available payment methods may depend on the chosen delivery method or Product characteristics. They may also change when several Orders are placed at once, especially depending on the Products involved.

5.3. If the Seller does not receive the Customer’s payment, Customer Service may contact the Customer to remind them about payment and/or an abandoned cart, including via transactional e-mail. Failure to pay within 2 days from placing the Order and then within an additional 2-day period will result in non-acceptance of the Customer’s offer submitted in the Order. The Customer may also cancel the Order free of consequences until they receive confirmation of dispatch, by contacting Customer Service—without prejudice to the right of withdrawal.

6. DELIVERY COSTS, METHODS AND TIMES

Delivery is an important part of Order fulfilment. We do our best to deliver as quickly as possible.

6.1. Delivery is performed by an external operator (e.g., courier company or pick-up point operator) chosen by the Customer during checkout.

6.2. Delivery is paid, unless the Customer qualifies for free delivery (meeting the free-delivery threshold) or during a Promotional Campaign for free delivery. Current delivery costs are shown before placing an Order and concluding the Sales Agreement.

6.3. Available delivery methods may depend on the chosen payment method or Product characteristics. They may also change when several Orders are placed at once, especially depending on the Products involved.

6.4. We usually dispatch within 24 hours from Order confirmation. The overall delivery time consists of:
a) preparation time by the Seller (up to 3 business days from Order confirmation). If multiple Products are ordered, the Order will be handed over for delivery after the Product with the longest preparation time is ready; and
b) the delivery time of the chosen courier / postal operator. Delivery time is indicated at checkout and depends on the Product type and the carrier’s timelines.

6.5. In extraordinary situations the delivery time may be extended (e.g., sale periods, holiday seasons, unforeseen circumstances such as a pandemic). The Seller will inform Customers accordingly.

6.6. If the fulfilment/preparation period or delivery time is extended, the Seller may contact the Customer to explain the reason for delays and provide a new estimated delivery date.

6.7. Dispatch may be extended for Products requiring personalization. The Customer will be informed on the Product Page or during checkout.

6.8. When receiving a shipment, the Customer should, where possible, check with the carrier that the Product is complete and undamaged. If the Product was damaged by the carrier, a damage report should be prepared and the Seller should be informed.

6.9. Couriers, postal operators and pick-up point operators have their own delivery terms (including complaint procedures, deadlines and damage reporting rules). Detailed information is available on their websites. Please review those conditions before choosing a delivery method.

7. REVIEWS IN THE ONLINE STORE

Like many e-commerce businesses, we collect Product reviews. We aim to make this process transparent and to ensure reviews are reliable.

7.1. All Customer reviews in the Online Store are verified. The Store obtains reviews only from people who actually made a purchase.

7.2. After receiving Products, the Customer may be invited to voluntarily add a review of the purchased Product.

7.3. The Customer may add a review using a dedicated review link (sent by the Seller or by a third party acting on the Seller’s behalf).

7.4. By completing the review form, the Customer agrees to publication of the subjective content about the purchased Product and to disclosure of personal data necessary to post the review. Depending on the review mechanism, the Customer may be asked to add a comment, star rating (e.g., 1–5), or indicate satisfaction level.

7.5. Reviews posted in the Store are not sponsored and do not affect terms of future agreements with the Seller.

7.6. The Store publishes both positive and negative reviews, provided their content does not violate these Terms or applicable law.

7.7. Reviews are verified by comparing data of Customers who purchased the reviewed Products with data of persons submitting reviews. If a Customer receives an e-mail inviting them to review, we ensure that such e-mails are sent only to people who purchased and received the Product.

8. PRODUCT COMPLAINTS

We take great care in making our products. However, if you have concerns about the purchased goods, see how to file a complaint.

8.1. A Customer who is a Consumer is entitled to file a complaint regarding the purchased Product.

8.2. An Entrepreneur‑Consumer may file a complaint under applicable law, with the Seller’s liability under statutory warranty for physical defects limited to the amount paid by the Entrepreneur‑Consumer to the Seller for that Product/service.

8.3. The Seller is responsible for conformity with the contract and must in particular deliver a Product without defects and consistent with the Sales Agreement. The Seller is not liable for lack of conformity in the scope described in Article 43b(2) or (3) of the Consumer Rights Act if the Consumer was clearly informed that a specific feature deviates from conformity requirements and expressly and separately accepted that feature no later than at conclusion of the Sales Agreement.

8.4. The Seller is liable for lack of conformity existing at the time of delivery and revealed within 2 years, unless the Product’s usable life is longer.

8.5. Complaints may be submitted in any form. We encourage using the contact channels listed in section 1.3.

8.6. In the event of lack of conformity, a Consumer and an Entrepreneur‑Consumer are entitled to rights specified in Chapter 5A of the Consumer Rights Act (lack of conformity of goods with the contract).

8.7. In the event of lack of conformity, the Consumer may request:
a) repair; or
b) replacement.
The Seller may replace where the Consumer requests repair, or repair where the Consumer requests replacement, if bringing the goods into conformity in the chosen way:
a) is impossible; or
b) would require excessive costs for the Seller.
If repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the goods into conformity.
The Seller will perform repair or replacement at its own cost within a reasonable time from when it is informed of the lack of conformity. The Consumer must make the goods available for repair/replacement. The Seller collects the goods at its own cost.

8.8. The Consumer may also submit a statement to reduce the price or withdraw from the Sales Agreement if:
a) the Seller refuses to bring the goods into conformity;
b) the Seller fails to bring the goods into conformity;
c) lack of conformity continues despite the Seller’s attempt to bring the goods into conformity;
d) the lack of conformity is significant enough to justify price reduction or withdrawal without first requesting repair or replacement;
e) it is clear from the Seller’s statements or circumstances that the Seller will not bring the goods into conformity within a reasonable time or without excessive inconvenience to the Consumer.

8.9. If the Consumer submits a price reduction statement, the amounts due will be refunded no later than within 14 days from receipt of the Consumer’s statement. Refunds are made using the same payment method used by the Consumer unless the Consumer expressly agrees to another method.

8.10. If the Consumer withdraws from the agreement in situations described in Article 43e(1) of the Consumer Rights Act, the Customer will return the goods to the Seller without delay. The Seller bears all return costs in such cases. The Seller will refund the purchase price within 14 days from receipt of the goods or proof of return.

8.11. The Seller is liable for lack of conformity existing at delivery and revealed within 2 years. Claims become time-barred after 6 years from the date lack of conformity is revealed. The limitation period ends on the last day of the calendar year.

8.12. We recommend that the complaint description include:
(1) information and circumstances regarding the complaint, in particular the type and date of the defect; (2) the requested way to bring the Product into conformity or a statement of price reduction/withdrawal; and (3) contact details (name, correspondence address, phone number, e-mail). These are recommendations and do not affect the effectiveness of a complaint submitted without them.

8.13. The Seller will respond to the complaint without delay, no later than within 14 days from receipt. Otherwise, the complaint is deemed accepted.

9. OUT-OF-COURT DISPUTE RESOLUTION (ADR) AND ACCESS RULES

We believe that when there is a disagreement, it is worth talking and seeking an amicable solution. See how disputes may be resolved.

9.1. Use of out-of-court dispute resolution methods is voluntary. The provisions below are informational and do not constitute the Seller’s obligation to use such methods. Any statement by the Seller agreeing or refusing to participate in ADR will be provided on paper or another durable medium if, following a Consumer complaint, the dispute is not resolved.

9.2. Rules for ADR proceedings and entrepreneurs’ obligations are set out in separate legal provisions (in particular the Act of 23 September 2016 on out-of-court dispute resolution for consumers) or in regulations of competent ADR entities. Detailed information on ADR options may be available at offices and websites of municipal/district consumer ombudsmen, consumer protection organizations, and provincial inspectorates of the Trade Inspection. Information is also available on the website of the Polish Office of Competition and Consumer Protection (UOKiK). The President of UOKiK maintains a public register of ADR entities.

9.3. A Consumer may, for example:
a) apply to a permanent consumer arbitration court referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection to resolve a dispute arising from a Sales Agreement;
b) obtain free assistance in resolving a dispute with the Seller from a municipal/district consumer ombudsman or a consumer organization (e.g., the Federation of Consumers, the Polish Consumers’ Association);
c) use the EU Online Dispute Resolution platform at: http://ec.europa.eu/consumers/odr.
The Seller currently does not participate in this voluntary ADR procedure.

10. RIGHT OF WITHDRAWAL (RETURNS)

We understand that sometimes Consumers wish to use their statutory right to return. See how to withdraw quickly and without hassle.

10.1. A Customer who is a Consumer and concluded a distance or off-premises agreement may withdraw without giving reasons and without incurring costs other than those provided by law, within 14 days from the date they (or a third party indicated by them, other than the carrier) take possession of the Product. This section also applies to an Entrepreneur‑Consumer who declares they use the withdrawal right under the Consumer Rights Act, because the agreement is directly related to their business activity but is not professional in nature.

10.2. To meet the deadline, it is sufficient to send the withdrawal statement before the deadline. The Consumer/Entrepreneur‑Consumer may submit any clear statement informing the Seller of withdrawal from the Sales Agreement.

10.3. The withdrawal statement may be submitted using the template form available below these Terms. It may also be submitted in any form using the contact details in section 1.3; however, using the form helps us handle the matter faster.

10.4. The Consumer/Entrepreneur‑Consumer bears the cost of returning the Product (return shipping from the Customer to the Seller).

10.5. The withdrawal period begins on the date the Consumer/Entrepreneur‑Consumer (or their designated third party) takes possession of the Product; for agreements covering multiple Products delivered separately, in batches or in parts—on the date possession is taken of the last Product/batch/part.

10.6. The Consumer/Entrepreneur‑Consumer must return the Product without delay, no later than within 14 days from the date of withdrawal. The deadline is met if the Product is sent back before it expires. Returns should be sent to: SO ITALIAN Boutique, ul. Wróblewskiego 19a, 93-578 Łódź, Poland.

10.7. The returning Customer should pack the Product securely to prevent damage in transit.

10.8. If withdrawal is effective, the agreement is deemed not concluded.

10.9. The Seller must refund all payments made by the Consumer/Entrepreneur‑Consumer, including delivery costs (except additional costs arising from a delivery method chosen by the Customer other than the cheapest standard delivery offered in the Store), without delay and no later than within 14 days from receipt of the withdrawal statement. The Seller may withhold the refund until it receives the returned goods or the Customer provides proof of dispatch—whichever occurs first.

10.10. Refunds are made using the same payment method used by the Customer unless the Customer expressly agrees to another method that does not incur additional costs.

10.11. The Consumer/Entrepreneur‑Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to establish the nature, characteristics and functioning of the Product, or due to improper care or incorrect packaging when returning. Liability may include, in particular, the inability to resell the Product as full-value, costs of reattaching tags/security elements, and costs of restoring the Product to a saleable condition (including specialist inspection and removal of defects resulting from such use).

10.12. The statutory right of withdrawal does not apply in the following situations:
a) if the 14-day deadline to inform the Seller of withdrawal is exceeded;
b) in cases listed in Article 38 of the Consumer Rights Act.

11. INTELLECTUAL PROPERTY

Here we indicate which intellectual property rights we protect and what rules apply.

11.1. All rights to the Online Store, including copyright, intellectual property rights to the Store name and domain, as well as to forms, legal documents, logos, trademarks, text, graphics, photos and other content published by the Seller, belong to the Seller and may be used only in accordance with these Terms.

11.2. Copying, reproducing, modifying, multiplying or distributing any part of the Store, the services or their elements without the Seller’s prior written consent is prohibited, except where expressly permitted by law and these Terms. The Seller may take steps, including court proceedings, to protect its interests and those of Store Customers.

11.3. Rights to use, copy and distribute data available in the service are governed by copyright and related rights law.

11.4. Commercial use of Store data is permitted only after notifying the Seller and obtaining the Seller’s written consent.

12. PERSONAL DATA PROTECTION

See how we protect your personal data.

12.1. Personal data protection rules are set out in the “Privacy Policy”.

12.2. The use of cookies is governed by the “Cookie Policy”.

13. PROVISIONS FOR CUSTOMERS WHO ARE NOT CONSUMERS

If you shop in our Store and you are not a Consumer, this section applies to you.

13.1. This section and the provisions herein apply exclusively to Customers who are not Consumers and to Entrepreneur‑Consumers.

13.2. Upon the Seller handing the Product over to the carrier, the benefits and burdens related to the Product as well as the risk of accidental loss or damage pass to the non-Consumer Customer. In such case, the Seller is not liable for loss, shortage or damage arising from acceptance for transport until delivery to the Customer, nor for transport delays.

13.3. Pursuant to Article 558 § 1 of the Polish Civil Code, the Seller’s statutory warranty liability (rękojmia) for the Product towards a non-Consumer Customer is excluded.

13.4. Neither the Seller nor its employees, authorized representatives or agents are liable to the non-Consumer Customer (or their subcontractors/employees/representatives) for any damages, including lost profits, unless the damage was caused intentionally.

13.5. In any case where the Seller’s liability is established, that liability towards a non-Consumer Customer—regardless of legal basis—is limited (per single claim and in total) to the Price paid and delivery costs under the last Sales Agreement, and covers only actual damage incurred.

13.6. Any disputes between the Seller and a non-Consumer Customer will be submitted to the court having jurisdiction over the Seller’s registered office.

13.7. With respect to non-Consumer Customers, the Seller may amend these Terms at any time in accordance with generally applicable law.

14. FINAL PROVISIONS

14.1. These Terms & Conditions (version 2.0) enter into force on 24 January 2023.

14.2. These Terms are available in Polish.

14.3. Matters not regulated herein are governed by generally applicable law.

14.4. Unless mandatory law provides otherwise, Polish law applies to disputes arising under these Terms.

14.5. If mandatory provisions of the law of the Customer’s habitual residence provide more favorable terms than Polish law and these Terms, the provisions of the Customer’s country of habitual residence will apply.

14.6. These Terms may be amended. The Store will inform about changes by posting information on the Store website; and for Users subscribed to the Newsletter or with an active Customer Account—also via e-mail.