§1 General Provisions

The Seller provides services in accordance with the Terms and applicable laws.

Services are provided through the Store's website 24 hours a day, 7 days a week.

The Seller makes these Terms available on the Store's website and may also provide them in the Customer's Account or include them in email communications confirming the acceptance of offers. Customers can access, record, and reproduce the Terms at any time by printing or saving them on a data carrier.

To use the Store, the Customer must have a computer or device with internet access, a properly configured web browser (Microsoft Edge, Mozilla Firefox, Google Chrome, Safari, or Opera), JavaScript enabled, and an active, properly configured email account.

Using the Store may involve costs for the Customer related to internet access and data transmission, as per the agreement with the telecommunications operator.

§2 Account Registration

The agreement for providing the Customer Account service is concluded indefinitely upon the Seller's confirmation of the Customer Account registration.

The purpose of this service is to provide the Customer with access to the Customer Account panel, allowing, among other things, the management of customer data and orders.

To create a Customer Account, voluntary and free registration is required. This is done by completing and submitting the registration form provided on the Store's website.

The correct completion of the registration form requires filling in all mandatory and optional fields using true, complete, and relevant customer data.

Before submitting the registration form, the Customer should declare, by checking the appropriate field, that they have read and accept the Terms.

Before submitting the registration form, by checking the appropriate field, the Customer may voluntarily declare consent to the processing of their personal data for marketing purposes by the Seller.

The Seller informs that marketing purposes may include, in particular, sending commercial information using the Customer's contact details. The consent specified above can be withdrawn at any time.

Submission of the registration form to the Seller is done using the Store's functionality.

The use of the Customer Account is possible after its creation and subsequent login using the correct username and password.

Termination of the agreement for providing the Customer Account service can be made without stating a reason and at any time, using its functionality or by sending a statement to the Seller, e.g., via email or mail.

§3 Basic Store Features

The Seller provides the following basic functionalities of the Store to Customers:

• Providing a contact form
• Providing a product search form
• Providing promotional offers for products on social media.

To search for products in the Store, go to the "SILK WEAR" tab.

To use the functionality of providing promotional offers for products on social media, use the buttons associated with these media, published in the area of the product's promotional offer. To use this functionality, you must have a user account on the selected social media.

§4 Orders placed through the Store

Orders for products can be placed through the Store's website 7 days a week, 24 hours a day, using the Cart feature. After compiling the list of ordered products in the Cart area, the Customer proceeds to place the order.

If the Customer is a logged-in account holder, they proceed to the next stage of placing the order as a logged-in Customer.

If the Customer is not a logged-in account holder, they choose the order placement method:

• Using a Customer Account, which will be registered. In this case, the Customer registers a Customer Account and uses it to proceed to the next stage of placing the order, bypassing the use of the Customer Account.
• In this case, the Customer proceeds to the next stage of placing the order using the existing Customer Account.
• In this case, the Customer proceeds to the next stage of placing the order.

The submission of the order is preceded by the Customer receiving information about the total price for the order, including taxes and related costs, especially Delivery and payment costs, displayed in the Cart area.

The submission of the order can be made by using the appropriate button in the Cart and is equivalent to the Customer submitting an offer to enter into a Sales Agreement for the products included in the order.

Before submitting the order form, by checking the appropriate checkbox, the Customer should declare that they have read the Terms and accept their provisions.

The submitted order can be changed by the Customer until receiving information from the Seller about the dispatch of the products.

Order changes may include cancellation, partial cancellation, addition of additional products, or a change of the delivery address.

The Seller will immediately inform the Customer of the impossibility of accepting the order in case of circumstances preventing it. This information is provided by phone or email. The information may result in the rejection of the offer in whole or contain proposals for modifying the order:

• Rejection of the partially impossible offer, resulting in a recalculation of the order value,
• Division of products subject to delivery into a part that can be delivered and a part that will be delivered at a later date, without recalculating the order value.

Confirmation of the acceptance of the order by the Seller occurs by promptly sending an email. This message includes the conditions of the concluded Sales Agreement and the data entered by the Customer in the order form to detect any errors. In case of such an error, the Customer can notify the Seller by sending an email with the correct data.

Confirmation of the acceptance of the order is equivalent to the Seller accepting the offer to enter into a Sales Agreement submitted by the Customer.

§5 Sales

The Seller provides the Sales Service of Products to Customers remotely.

The subject of the Sales Agreement includes the Seller's obligation to transfer ownership of the products to the Customer and deliver them, and the Customer's obligation to accept the products and pay the Seller the price of the products.

The Seller reserves the right to conduct promotional campaigns, including price reductions for products or services for a specified period or until the stock of products subject to promotion is exhausted.

The conclusion of the Sales Agreement occurs at the moment of confirming the acceptance of the Customer's order by the Seller.

The delivery of products takes place within the time specified in the product description.

The delivery time may change in case of changes to the order by the Customer.

The delivery of products takes place:

• If the Customer chooses delivery by Carrier, on business days to the address provided by the Customer.
• Delivery of products occurs no earlier than after the payment is made by the Customer.

Confirmation of the delivery of products to the Carrier for delivery can be made by sending an email to the Customer's email address.

The risk of accidental loss or damage to the products passes to the Customer upon delivery.

In the case of choosing delivery by Carrier, it is recommended that the Customer examines the delivered shipment in the presence of the Carrier.

In case of finding damage to the shipment, the Customer has the right to request the Carrier to prepare the appropriate protocol.

§6 Payments

The payment amount for the Sale is determined based on the product price list on the Seller's website at the time of ordering the product.

Prices on the Store's website for a given product are gross prices in Polish zlotys and include VAT, excluding the cost of product delivery and the chosen payment method.

Transaction and product delivery costs are borne by the Customer.

The total order price, visible in the Cart area before placing the order and after choosing the method of product delivery and payment, includes the price for the ordered products with taxes and all related costs, especially delivery and transaction costs. The total order price is binding for the Seller and the Customer.

The Seller allows the following payment methods for the Sale Service:

• Traditional bank transfer to the Seller's bank account with the number: 24 2530 0008 2016 1068 0120 0001 or using the external PayU or PayPal payment system.

The Customer is required to make the payment:

• Within 7 days – in the case of choosing the traditional bank transfer payment method,
• At the time of placing the order – in the case of choosing the payment method using an external payment system.

The Seller is not obliged to refund additional product delivery costs incurred by the Customer if the Customer chose a delivery method other than the cheapest standard delivery method offered by the Seller.

§7 Product Returns

The Customer has the right to return the purchased products without giving a reason within 14 days from the date of receiving the products. To exercise the right to return products, the Customer must inform the Seller of their decision to withdraw from the Sales Agreement by an unequivocal statement (e.g., a letter sent by post or email).

The returned products must be in their original condition, with no signs of use or damage.

The cost of returning the products is borne by the Customer, except when the reason for the return is a defect in the product or non-compliance with the order.

The Seller will handle complaints within 14 days from the date of the complaint.

The Seller will inform the Customer about the resolution of the complaint electronically.

In the case of a warranty complaint for a product that, after the complaint is recognized, needs to be sent to the Customer, the Seller will deliver or send the product to the Customer's address.

Refunds for warranty complaints will be made using a bank transfer.

The use of the warranty is excluded for Customers who are not Consumers.

§8 Out-of-Court Complaint Resolution and Claims

The Customer has the option to use the following out-of-court methods for complaint resolution and claims:

• Submitting a request for dispute resolution arising from the Sales Agreement to a permanent consumer arbitration court operating at the Trade Inspection, the address of which can be determined through the website of the Office of Competition and Consumer Protection at the URL https://www.uokik.gov.pl/wazne_adresy.php#faq596,
• Submitting a request to initiate mediation proceedings for an amicable settlement of a dispute between the Customer and the Seller to the provincial inspector of the Trade Inspection, the address of which can be determined through the website of the Office of Competition and Consumer Protection at the URL https://www.uokik.gov.pl/wazne_adresy.php#faq595,
• Using the assistance of the district or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection, filing a complaint through the EU's online ODR platform, available at the URL http://ec.europa.eu/consumers/odr/, in accordance with the regulation of the European Parliament and Council (EU) No. 524/2013 of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC.

A list of entities and institutions that perform tasks related to out-of-court resolution of consumer disputes and detailed information on this subject can be found on the website of the Office of Competition and Consumer Protection, available at the URL https://www.uokik.gov.pl.

§9 Withdrawal from the Agreement

The Consumer can withdraw from the agreement within 14 days without giving any reason, including the Sales Agreement, subject to the norms indicated in the withdrawal instruction, which is an attachment to the Terms.

The Consumer can withdraw from the agreement by submitting a declaration of withdrawal to the Seller within the specified period.

The declaration can be submitted via email to info.thedrape@gmail.com.

Immediately, but no later than within 14 days from the day the Consumer withdraws from the agreement, they are obliged to return the product to the Seller or transfer it to a person authorized by the Seller.

Returning the product before the end of the period is sufficient to meet the deadline.

The Consumer is obliged to keep the value of the product intact.

In the case of withdrawal from the agreement, it is considered void. If the Consumer has submitted a declaration of withdrawal from the agreement before the Seller has accepted their offer, the offer ceases to be binding.

§10 Privacy Policy, Data Processing and Cookie Files

The Drape respects the privacy of our users. This Privacy Policy explains how we use, disclose and safeguard your information when you visit our website - http /// thedrape.pl

The administrator of personal data contained on the website is The Drape Sp. z o.o. based in Warsaw, KRS 0000855868, NIP 1182212730, REGON 386867381.

Out of concern for the security of the data entrusted to us, we have developed internal procedures and recommendations, which are intended to prevent disclosure of data to unauthorized persons. We control their execution and constantly check their compliance with appropriate legal acts:

• Personally Identifiable Information Protection Act
• Provision of Electronic Services Act

as well as all kinds of executive acts and acts of community law.

Personal data is processed on the basis of consent expressed by the user and in cases where the law authorizes the administrator to process personal data, on the basis of legal provisions or for the implementation of a contract concluded between the parties.

The Drape obtains information about users and their activities in the following way:

• through information entered voluntarily in the form
• by collecting "cookies"

The Drape collects information arbitrarily provided by the user.

The data provided in the form are processed for the purpose resulting from the function of a specific form, for example, in order to process contact information.

Personal data left on the website will not be sold, nor made available to third parties in accordance with the provisions of the Act on the Protection of Personal Data.

Data contained in the form may be viewed by a natural person who placed them there. The natural person also has the right to modify and stop processing data at any time.

The Drape reserves the right to change the privacy policy of the website, which may be influenced by the development of internet technology, possible changes to the law regarding personal data, and the development of our website. We will inform you about any changes in a transparent and understandable manner.

In case of doubt about any of the provisions of this policy, we are at your disposal - our data can be found in the tab "Contact".

§11 License Terms

The Seller grants customers using the Store a free license for personal use and to enable the use of the Store, subject to these conditions.

The Store's name, graphic design, structure, source code or compiled code, and any documents developed by the Seller in connection with providing the Store, including these Terms, constitute works within the meaning of copyright law. The Seller does not transfer to the Customer any intellectual property rights to the Store or any part thereof, nor the right to grant licenses for the disposition of intellectual property rights to these works or the Store. The license is unlimited in time, territory, and non-exclusive.

By publishing any content in the Store, including comments or opinions, the Customer grants the Seller a free, unlimited, non-exclusive license for their use. This includes publication on the Store's website, saving and reproducing in the memory of a telecommunications device at a location and time chosen by the Customer, and access and display through a telecommunications device at a location and time chosen by the Customer.

§12 Content Submission and Prohibited Content

Customers are prohibited from submitting content that may mislead other Customers, violate personal rights, or be offensive or vulgar. This includes content such as pornography, promoting drug use or excessive alcohol consumption, and encouraging racism, xenophobia, or hatred.

§13 Effectiveness and Amendment of the Terms

The Terms come into effect three days from the date of their publication on the Store's website. Amendments to the Terms may occur due to changes in legal regulations, technical or organizational changes, or the provision of services by the Seller.

Amendments to the Terms are made by publishing the new content on the Store's website. Amendments do not affect sales agreements concluded before the amendment's effective date. Information about amendments is published on the Store's website at least three days before the new version comes into effect.

§14 Final Provisions

The meanings of terms written in uppercase letters are consistent with the explanations provided in the definitions section of the Terms.

The Seller is not liable for disruptions in the proper functioning of the Store or improper provision of services due to force majeure or technical or organizational issues.

In case of disputes between the Seller and a Customer who is not a Consumer or a Consumer residing outside the territory of the Republic of Poland, the competent court is determined by the Seller's registered office.

The law applicable to contracts with the Seller and the resolution of related disputes is the law of the Republic of Poland, unless the consumer's local law allows for a different choice.

The provisions of the Terms do not exclude or limit the rights of a Consumer, as provided by the generally applicable laws of their country.

In the event that any provision of the Terms is deemed invalid or ineffective, it does not affect the validity and effectiveness of the remaining provisions. The invalid or ineffective provision will be replaced with a norm that corresponds to what the parties would have agreed upon if they had included such a provision in the Terms.

§15 Definitions Used in the Terms

Business Days: Weekdays from Monday to Friday, excluding statutory holidays.

Delivery: The process of delivering Goods to the Customer's designated location, carried out through a Carrier.

Customer: An individual with full legal capacity, a legal person, or an organizational unit without legal personality that is granted legal capacity by the provisions of universally applicable law.

Customer Account: A panel allowing the management of Customer orders through the Store, provided the Customer registers and logs in.

Consumer: A Customer who is a natural person entering into an agreement unrelated to their business or professional activity.

Cart: The functionality of the Store allowing the compilation of Customer orders.

Carrier: An entity providing Goods delivery services in cooperation with the Seller.

Terms: These contractual terms, which constitute the provision of electronic services by the Seller to Customers through the Store.

Store: The store operated by the Seller through the website available on the Internet at the URL: thedrape.pl.

Seller: THE DRAPE SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office at Jana Kochanowskiego 23 / 20, 01-864 Warsaw, Poland, registered in the Central Register and Information on Economic Activity under the NIP (Tax Identification Number) 1182212730 and REGON (National Business Registry Number) 386867381.

Sale: The service of selling Goods provided by the Seller to the Customer, involving the Seller's obligation to transfer ownership of the Goods to the Customer and deliver them, and the Customer's obligation to accept the Goods and pay the Seller the agreed price.

Goods: Items presented in the Store by the Seller for sale.

Service: A service provided by the Seller to the Customer based on an agreement concluded between the parties through the Store. The conclusion of the agreement takes place within an organized system of distance contracts without the simultaneous physical presence of the parties.

RIGHT OF WITHDRAWAL INFORMATION

WITHDRAWAL NOTICE

As a Consumer, you have the right to withdraw from a contract concluded in our Store within 14 days without giving any reason. The withdrawal period expires after 14 days from the day:

• You acquire possession of the item, or
• A third party other than the carrier and indicated by you acquires possession of the item, in the case of a sales contract, or
• You conclude the contract, in the case of service contracts.

To exercise the right of withdrawal, you must inform us: e-mail: info.thedrape@gmail.com, of your decision to withdraw from this contract by an unequivocal statement sent by e-mail.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

In the case of withdrawal from this contract, we will reimburse you for all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the item back or you have supplied evidence of having sent back the item, whichever is the earliest.

If you have received the item in connection with the contract, please send it back or hand it over to us at the following address: THE DRAPE Klaudia Ide, ul.Srebrna 2, 63-700 Krotoszyn, promptly and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the item before the period of 14 days has expired.

Please note that you will have to bear the direct cost of returning the item. The estimated cost of these expenses is PLN 20.00.

You are only liable for any diminished value of the items resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the items.

Reimbursement is made using the same means of payment that you used for the initial transaction unless you have expressly agreed otherwise, and in any case, you will not incur any fees as a result of such reimbursement.

If you have any questions about these Terms, please contact us.