I. General provisions
- These Terms and Conditions (“Terms”) set out the rules and conditions for making purchases and using the electronic services provided within the online store available at anorashop.pl (“Store”).
- The Store is owned by Hoshimi Sanjari, operating a sole proprietorship under the business name Digiteria Solutions Hoshimi Sanjari, registered address: ul. Wołoska 44 lok. 6, 02-583 Warsaw, Poland, Tax ID (NIP): 5214088779, Business Registry Number (REGON): 529866431, registered in the Central Registration and Information on Business (CEIDG) (“Seller”).
- All information contained in the Store relating to the Products offered (including prices) does not constitute a commercial offer within the meaning of Art. 66 of the Polish Civil Code, but rather an invitation to enter into a contract within the meaning of Art. 71 of the Polish Civil Code.
- Customers may access these Terms at any time via a link on the Store’s homepage and may print them out.
- Customer Service is available Monday to Friday, 9:00 AM–5:00 PM (CET/CEST). Contact: e-mail hello@anorashop.pl, phone +48 517 976 466. The Seller responds to messages during these hours.
- All Products offered in the Store are brand new, free from physical and legal defects, conform to the Contract, and have been lawfully placed on the market.
- The Store sells to Customers in Poland and other EU countries, both consumers (B2C) and businesses (B2B).
- To use the Store, a device with internet access and a browser supporting cookies is required; an active e-mail address is required to conclude a contract.
II. Definitions
- Customer — a natural person, legal person, or organisational unit without legal personality to which specific provisions grant legal capacity, placing an Order in the Store.
- Consumer — a natural person — including a natural person running a sole proprietorship — entering into a legal transaction with the Store (including an Order) that is not of a professional nature for that person, within the meaning of Art. 22¹ of the Polish Civil Code.
- Seller — Hoshimi Sanjari, operating a business under the name Digiteria Solutions Hoshimi Sanjari, as described in §I.2.
- Polish Civil Code — the Act of 23 April 1964.
- Polish Consumer Rights Act — the Act of 30 May 2014 on Consumer Rights.
- Polish Act on Providing Services by Electronic Means — the Act of 18 July 2002.
- Store — the website available at anorashop.pl, through which the Customer may place Orders.
- Product — ANORA-branded clothing and accessories presented in the Store and offered for sale by the Seller.
- Sales Contract — a contract of sale of Products within the meaning of the Polish Civil Code, concluded between the Seller and the Customer remotely, via the Store.
- Order — the Customer’s declaration of intent constituting an offer to conclude a Sales Contract, specifying the type and quantity of Products together with confirmation of the intent to purchase them.
- Account — a set of data created for the Customer, which the Customer can use after providing the e-mail address and password registered with the Seller.
- Review — a subjective statement or rating by a Customer regarding a Product or the handling of an Order.
III. Rules for making purchases
A. General provisions
- The Sales Contract is concluded between the Customer placing the Order and the Seller.
- Access to the Store is unrestricted territorially; however, Product delivery is carried out to Poland and the following EU countries: Germany, France, Czech Republic, Netherlands, Austria, Spain, Portugal, Latvia, Lithuania, Estonia, and Italy.
- Prices shown are gross prices (including VAT), expressed exclusively in Polish złoty (PLN). The price shown next to the Product at the time the Order is placed is binding. Prices do not include shipping costs, which are shown to the Customer before the Order is accepted. Customers paying in a currency other than PLN pay at the conversion rate applied by their bank or payment operator (PayU) — the Seller has no influence over this rate or over any currency-conversion fees charged by the Customer’s bank or card issuer.
- By placing an Order, the Customer declares that they have read and accept the content of these Terms.
- The Seller reserves the right to refuse to process an Order if:
- the Customer’s personal data is untrue,
- the Order has not been paid for within the specified deadline,
- the data necessary for contact or delivery has not been provided and, despite being requested to do so, the Customer has not supplied it.
B. Purchasing through the Store
- Orders may be placed around the clock, seven days a week, except during technical or maintenance breaks.
- The Customer places an Order by adding the selected Products to the cart. Placing a Product in the cart does not reserve it — if stock runs out before the Customer confirms the Order, the Order may be accepted only in part, or not accepted at all.
- An Order can be placed after creating an Account or as a guest, without registration.
- When placing an Order, the Customer provides the data necessary for contact and delivery: full name, e-mail address, delivery address, and phone number. Customers purchasing as a business additionally provide the company name and Tax ID (NIP).
- After placing an Order, the Customer receives an e-mail confirming its acceptance, containing the essential elements of the Order (total price, shipping cost, expected fulfilment time). The Sales Contract is concluded once the Customer receives this confirmation. Failure to receive confirmation within 5 days means the Order has not been accepted for processing and no contract has been concluded.
- The contract is concluded in Polish or English, depending on the language version of the Store chosen by the Customer.
C. Customer Account
- Customers wishing to have an Account may register by providing an e-mail address, a password, and accepting these Terms.
- The contract for the provision of electronic services relating to the Account is concluded for an indefinite period, effective from the moment the Customer receives access to the Account.
- A Customer who is a Consumer may withdraw from the Account agreement within 14 days of its conclusion, without giving a reason, by sending a statement by e-mail to hello@anorashop.pl or in writing to the Seller’s address.
- The Customer may terminate the Account agreement at any time with immediate effect by sending a statement electronically or in writing. Termination does not release the Customer from the obligation to settle accounts with the Seller in connection with Orders placed.
- The Seller may terminate the Account agreement with 7 days’ notice, for important reasons (e.g. breach of these Terms by the Customer).
- The Customer must not share their Account access details with others. The Customer must promptly inform the Seller if their Account access details have been taken over by a third party.
IV. Prices and payments
- Payment for an Order is made exclusively through the PayU S.A. electronic payment system (including payment card, BLIK, and fast online bank transfers, in line with the methods currently available in the PayU gateway).
- The purchase is confirmed by the issuance of a sales document: a receipt or an invoice. The Customer consents to receiving these documents electronically at the e-mail address provided.
- A VAT invoice for businesses is issued based on the data (Tax ID, company name and address) provided by the Customer at the time the Order is placed. If this is not requested when placing the Order, a VAT invoice cannot be issued afterwards.
- Order processing begins once payment has been credited.
V. Order fulfilment and delivery
- Ordered Products are delivered via the courier companies InPost (including InPost Parcel Lockers) and DHL Parcel Polska.
- Order fulfilment (preparation and delivery of the Product) takes up to two weeks (14 days), counted from the crediting of payment. Delivery time additionally depends on the carrier chosen and the country of delivery.
- The Customer should inspect the condition of the Product immediately upon delivery, in the presence of the courier, or immediately after collection from a Parcel Locker. If damage occurring during transport is found, the Customer should prepare an appropriate damage report with the carrier and promptly notify the Seller.
- Together with the Product, the Customer receives confirmation of the contract (a receipt or invoice).
VI. Right of withdrawal (returns)
- A Consumer who has concluded a Sales Contract remotely may withdraw from it within 14 days without giving any reason, counted from the day on which the Consumer (or a third party indicated by the Consumer, other than the carrier) took possession of the Product.
- To exercise the right of withdrawal, the Consumer informs the Seller of their decision by means of an unequivocal statement — by e-mail to hello@anorashop.pl or in writing to the Seller’s registered address. The Consumer may use the withdrawal form template set out in Annex 1, but this is not mandatory. It is sufficient to send the statement before the deadline expires.
- Where, within a single Order, the Consumer purchased more than one Product, withdrawal may relate to all or only selected Products, except that a Product sold as a set may only be returned in full.
- The Consumer returns the Product promptly, no later than 14 days from the day on which they informed the Seller of the withdrawal, to the address: ul. Wołoska 44 lok. 6, 02-583 Warsaw, Poland (the Seller’s registered address).
- The cost of returning the Product to the Seller is borne by the Consumer.
- The Seller refunds the Consumer all payments received, including the cost of delivering the Product to the Consumer (up to the cost of the cheapest standard delivery method offered in the Store), promptly, and in any case no later than 14 days from the day on which the withdrawal statement was received — unless the Seller has offered to collect the Product itself, in which case it may withhold the refund until it has received the Product back, or the Consumer has supplied proof of its return, whichever occurs first.
- The refund is made using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method that does not involve any cost to them. If the Consumer used a discount when purchasing, the refund will be reduced by the value of the discount used.
- The Seller does not refund additional costs resulting from the Consumer’s choice of a delivery method other than the cheapest standard method offered, nor delivery costs where only part of the Order is returned.
- The Consumer is entitled to inspect the Product to the extent necessary to establish its nature, characteristics, and functioning. The Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary for that purpose.
- The right of withdrawal applies to all Products currently offered in the Store, as the Seller does not offer made-to-order or personalised Products. Should the Store’s offering be expanded in the future to include such Products, the Seller must update this section in line with the exceptions provided for in Art. 38 of the Polish Consumer Rights Act, and must clearly mark such Products in the Store before purchase.
- The right of withdrawal described in this section applies only to Consumers. Business Customers (B2B) do not benefit from the statutory right of withdrawal, unless the parties agree otherwise individually.
VII. Non-conformity of the Product with the Contract (complaints)
- The Seller must deliver a Product that conforms to the Sales Contract. If the Product does not conform, the Seller is liable to the Consumer under Chapter 5a of the Polish Consumer Rights Act, for a period of two years from delivery of the Product.
- Non-conformity with the Contract exists, in particular, if:
- the description, type, quantity, quality, completeness, and functionality of the Product do not match the Contract,
- the Product is not fit for the purposes for which products of that kind are usually used,
- the Product is not fit for a particular purpose that the Consumer made known to the Seller at the latest when the Contract was concluded, and which the Seller accepted,
- the Product does not have the durability and safety expected of products of that kind,
- the Product was not delivered with the packaging, accessories, or instructions that the Consumer may reasonably expect,
- the Product does not match a sample or model made available before the purchase,
- the non-conformity results from incorrect installation carried out by the Seller or under its responsibility, or from errors in instructions provided by the Seller.
- A complaint may be submitted in any form, including by e-mail to hello@anorashop.pl or in writing to the Seller’s registered address. The complaint should include: the Consumer’s name (or company name), contact details, a description of the non-conformity and the circumstances justifying it, and the Consumer’s specific request. Proof of purchase (e.g. receipt, invoice, payment confirmation) should be attached.
- The Seller will review and respond to the complaint within 14 days of receiving it. Failure to respond within this period means the complaint is deemed justified.
- The Consumer is entitled to request that the Product be brought into conformity through repair or replacement. The Seller may replace the Product where the Consumer requested repair (or vice versa), or may refuse if bringing the Product into conformity in the manner chosen by the Consumer is impossible or would require excessive costs.
- The Consumer may request a price reduction or withdraw from the Contract if: the Seller refused to bring the Product into conformity; the Seller failed to do so within a reasonable time or without significant inconvenience; the non-conformity persists despite an attempted repair or replacement; or the non-conformity is so significant as to justify immediate action without first attempting repair or replacement. Non-conformity is presumed to be significant.
- Costs related to a justified complaint (including the cost of returning the defective Product) are borne by the Seller.
- Business Customers (B2B): the Seller’s liability for physical defects of the Product towards such Customers is limited to a request for repair of the defect or replacement of the Product, at the Seller’s choice. The Seller may also withdraw from the contract, refunding the price paid. In all other respects, liability for defects towards Customers who are not Consumers is excluded.
VIII. Product Reviews
- A Customer may voluntarily and free of charge post a Review regarding a purchased Product or the handling of an Order, once per Order.
- Reviews are stored and displayed publicly on the Store’s website.
- The Customer bears sole responsibility for the content of any Review posted. It is not permitted to post content that is untrue, misleading, vulgar, offensive, infringes the rights of third parties, or constitutes an act of unfair competition, nor content containing promotional links or third parties’ personal data.
- The Seller is entitled to remove any Review that breaches the above rules or the law.
IX. Personal data
The rules for processing Customers’ personal data are described in a separate document — the Store’s Privacy Policy.
X. Intellectual property and rules for using the Store
- The Customer must use the Store in accordance with the law and good practice, in particular refraining from providing false data, impersonating other parties, or engaging in activities that disrupt the Store’s operation.
- It is prohibited to use the graphic elements, logo, website layout, photographs, Product descriptions, trademarks, or other intellectual property rights belonging to the Seller/the ANORA brand without the Seller’s prior written consent.
- A Customer posting Reviews, photographs, or text in the Store represents that they hold the copyright or other necessary rights to that content.
XI. Out-of-court methods of handling complaints and pursuing claims
- A Consumer may use out-of-court methods of handling complaints and pursuing claims, including referring the matter to a permanent consumer arbitration court or to the relevant provincial inspector of the Trade Inspection.
- Detailed information is available on the website of the Polish Office of Competition and Consumer Protection (UOKiK): uokik.gov.pl.
- A Consumer residing in another EU country may use the EU’s online dispute resolution platform (ODR): ec.europa.eu/consumers/odr.
XII. Final provisions
- In matters not regulated by these Terms, Polish law applies, including the Polish Civil Code and the Polish Consumer Rights Act.
- The choice of Polish law does not deprive a Consumer with habitual residence in another EU country of the protection afforded by provisions that cannot be excluded by agreement under the law of that country (in accordance with the Rome I Regulation).
- Disputes between the Seller and a Customer who is not a Consumer are subject to the jurisdiction of the court competent for the Seller’s registered office.
- The Seller reserves the right to change prices and Product availability in the Store’s offering (Orders placed before a price change takes effect are processed on the previous terms), and to withdraw individual Products from its offering.
- The Seller reserves the right to amend these Terms for important technical, legal, or organisational reasons. Any amendment takes effect no earlier than 7 days after being published on the Store’s website. Orders placed before an amendment takes effect are processed under the previous terms.
- These Terms take effect as of [publication date].
Annex 1 — Withdrawal Form Template
(this form only needs to be completed and returned if you wish to withdraw from the contract)
To: Digiteria Solutions Hoshimi Sanjari, ul. Wołoska 44 lok. 6, 02-583 Warsaw, Poland, e-mail: hello@anorashop.pl
I/We(*) hereby give notice that I/we(*) withdraw from my/our(*) contract of sale of the following goods(*):
…………………………………………………………………………………………………………………………
Date of conclusion of the contract(*)/receipt(*): ………………………………………
Name of consumer(s): ………………………………………
Address of consumer(s): ………………………………………
Signature of consumer(s) (only if this form is submitted on paper): ………………………………………
Date: ………………………………………
(*) Delete as appropriate.
