Shop Rules

The regulations define the rights and obligations of the users of the online shop www.messedbydress.com and the rules of its operation.

The online shop www.messedbydress.com cares about consumer rights. The consumer may not waive the rights granted to him under the Consumer Rights Act. Contractual provisions that are less favourable to the consumer than the provisions of the Consumer Rights Act shall be invalid and the provisions of the Consumer Rights Act shall apply instead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer's rights to which they are entitled under mandatory provisions of law, and any possible doubt shall be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the aforementioned provisions, these provisions shall prevail and shall be applied.

1. GENERAL PROVISIONS

1.1 The online shop available at www.messedbydress.com is operated by the company: Ekana Enterprises
1.2 These Terms and Conditions are addressed both to consumers and entrepreneurs using the On-line Shop, unless a given provision of the Terms and Conditions states otherwise and is addressed exclusively to consumers or entrepreneurs.
1.3 The administrator of personal data processed at the On-line Shop in relation to the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, for the period and on the basis of the grounds and principles indicated in the privacy policy published on the website of the Internet Shop . The privacy policy contains, above all, the principles concerning the processing of personal data by the Administrator in the Internet Shop, including the grounds, purposes and duration of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Internet Shop. The use of the Online Shop, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer or Client using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4 Definitions:
1.1.1. WORKING DAY - one day from Monday to Friday excluding public holidays.
1.1.2. ORDER FORM - an Electronic Service, an interactive form available on the Online Shop which allows the Ordering Party to place an Order, in particular by adding Products to an electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.1.3. CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, to which the law grants legal capacity; - who has concluded or intends to conclude a Sales Agreement with the Seller.
1.1.4. CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
1.1.5. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Store.
1.1.6. PRODUCT - a movable item available at the Internet Shop which is the subject of a Sales Agreement.
1.1.7. REGULATIONS - these regulations of the Internet Shop.
1.1.8. INTERNET SHOP - the Service Provider's Internet shop available at the following Internet address: www.messedbydrees.com.
1.1.9. SELLER: Hui Chong Trading Telephone number :18922320616 Address: Shop B4-19, Junfeng Science and Technology Innovation Park, Street: Xinshi Road, Junhe Street, District: Baiyun District, City: Guangzhou City, Guangdong Province Postal Code:510440.
1.1.10. SERVICE PROVIDER / INTERMEDIARY - Ekana Enterprises Company.
1.1.11. SALE CONTRACT - the contract of sale of the Product concluded or entered into between the Customer and the Seller through the Online Shop.
1.1.12. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via an Online Shop.
1.1.13. SERVICE PROVIDER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited capacity to perform legal acts; (2) a legal person; or (3) an organisational unit without legal personality, to which the act grants legal capacity; - using or intending to use the Electronic Service.
1.1.14. CONSUMER RIGHTS ACT, ACT - the Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended) 1.1.16. ORDER - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1 The following Electronic Services are available on the Online Shop: Order Form and Newsletter.
2.1.1 Order Form - the use of the Order Form starts from the moment the Customer adds the first Product to the electronic shopping cart in the Online Shop. The Order is placed when the Customer completes two consecutive steps in total - (1) completing the Order Form and (2) clicking the ‘Order with obligation to pay’ box on the Online Shop website after completing the Order Form. - until this point, it is possible to modify the data entered on your own (for this purpose, you should be guided by the messages displayed and the information available on the website of the Online Shop). In the Order Form, it is necessary for the Customer to provide the following details concerning the Customer: name and surname/company name, gender, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number and details concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment.
2.1.2. The Electronic Order Form Service is provided free of charge and has a one-time character and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.3 Newsletter - the Newsletter shall be used after providing in the ‘Newsletter’ tab on the Online Shop website the name and e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the ‘Subscribe’ field.
2.1.4 The Newsletter Electronic Service shall be provided free of charge for an indefinite period of time. The Customer may, at any time and without giving any reason, unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via email

2.3 The Customer shall use the Online Shop in a manner consistent with the law and good morals, with due regard to respect for the personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is prohibited from providing unlawful content.

2.4 Complaint procedure:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in pt. 6 of the Terms and Conditions). The Customer may submit, for example:
2.4.1.1. in electronic form via e-mail.
2.4.2. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements given in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3 The Service Provider shall respond to the complaint immediately, but no later than within 21 calendar days from the date of its submission.

3. CONDITIONS FOR THE CONCLUSION OF THE SALES CONTRACT

 

3.1 The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form on the Online Shop in accordance with point. 2.1.2 of the Terms and Conditions.

3.2 The Product price displayed on the website of the Online Shop is given in Polish zloty and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including transport, delivery and postal services fees) and other costs, and if the amount of these fees cannot be established - about the obligation to pay them, the Customer is informed on the pages of the Online Shop during the placement of the Order, including at the moment of expressing by the Customer the will to be bound by the Sales Agreement.

3.3 Procedure of concluding a Sales Agreement in the Internet Shop by means of the Order Form
3.3.1 The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order at the Online Shop in accordance with point 2.1.2 of the Terms and Conditions. 2.1.2 of the Terms and Conditions.
3.3.2. After placing an Order, the Seller shall immediately confirm its receipt and at the same time accept the Order for fulfilment. The Seller confirms the receipt of the Order and accepts it for fulfilment by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements of receipt of the Order and its acceptance for fulfilment as well as confirmation of concluding the Sales Agreement. As soon as the Customer receives the above-mentioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

3.4 The recording, securing and making available to the Customer the content of the concluded Sales Agreement is done by (1) making these Terms and Conditions available on the website of the Internet Shop and (2) sending the Customer the e-mail message referred to in point 3.3.2. of the Terms and Conditions. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Internet Shop.

4. PAYMENT METHODS AND DEADLINES FOR THE PRODUCT

4.1 The Seller shall make available to the Customer the following methods of payment for the Sales Contract:
4.1.1 Payment by means of a fast payment system: Przelewy24,PayPal
4.1.2. Once an order has been placed and not paid for within 30 minutes by means of the payment methods made available by us, the contract of sale is terminated due to the fault of the Customer and the order is automatically cancelled.

5. THE COST, MEANS AND TIME OF DELIVERY OF THE PRODUCT

5.1. Delivery of the Product is available in the territory of the Republic of Poland and Europe.

5.2. Delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. Costs of Product delivery (including transport, delivery and postal services fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning costs of delivery and during the process of submitting the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

5.3 The Seller makes available to the Customer the following methods of delivery or collection of the Product:
5.3.1 Courier delivery.

5.4 The maximum period for preparing an order for shipment is 3-5 working days, unless a shorter period is specified in the description of the Product in question or when placing the Order. In the case of Products with different lead times, the longest deadline given shall be considered the binding deadline.
5.4.1 The time required for the delivery of the Product from 6 to 10 working days must be added to the delivery time.

6. PRODUCT COMPLAINTS

6.1 The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are set out in generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

6.2 The Seller shall be obliged to deliver the Product without defects to the Customer. Detailed information concerning the Seller's liability for Product defects and the Customer's rights are specified on the website of the Online Shop in the information tab concerning complaints.

6.3 A complaint may be submitted by the Customer:
6.3.1in electronic form via e-mail.

6.4 The Customer is advised to provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and shall not affect the effectiveness of complaints submitted without the recommended description of the complaint.

6.5 The Seller shall respond to the Customer's complaint immediately, no later than within 21 calendar days from the date of its submission.
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8. RIGHT OF WITHDRAWAL

8.1 A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from the contract without stating a reason and without incurring costs, except for the costs set out in point. 8.8 of the Terms and Conditions. Sending the declaration before the deadline is sufficient to meet the deadline.

8.2 A sample withdrawal form is sent to the customer after contacting the customer service. The customer is obliged to deliver the product intact. When returning the goods, it is necessary to enclose a completed return form stating the reason.

8.2.1 The customer's failure to collect the parcel does not constitute a withdrawal from the contract and a return. Once the buyer refuses to collect the order, the value of the order is not refundable. The seller may therefore refuse to accept the return of the goods. If the buyer refuses to accept the shipment, the buyer exposes the seller to additional costs for sending the products back to the seller's foreign warehouse.

8.3 The period for withdrawal from the contract shall begin:
8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from the taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract which: (1) involves a number of Products which are delivered separately, in batches or in parts - from the taking possession of the last Product, batch or part or (2) involves the regular delivery of Products over a fixed period - from the taking possession of the first Product;
8.3.2. for other contracts - from the date of conclusion of the contract.

8.4 In the case of withdrawal from a distance contract, the contract shall be deemed not concluded.

8.5 The Seller shall be obliged to immediately, no later than within 14 calendar days from the day of receipt of the consumer's order with the declaration of withdrawal from the agreement, return to the consumer the payments made by him for the Product. The seller shall refund the payment using the same payment method used by the consumer.

8.6 The consumer shall return the Product to the Seller without delay, no later than within 14 calendar days from the date on which he received the Product, or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product himself. It is sufficient to return the Product before the deadline.

8.7 The consumer shall be liable for any diminished value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8 Possible costs associated with the consumer's withdrawal from the contract to be borne by the consumer:
8.8.1 The consumer shall bear the direct costs of returning the Product.
8.8.3 In the case of a Product which is a service, the performance of which - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after having made such a request, shall be obliged to pay for the services performed until the withdrawal. The amount to be paid shall be calculated in proportion to what has been provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the performance rendered.

8.9 The consumer has no right of withdrawal from a distance contract with regard to contracts:
8.9.1. (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who has been informed before the provision of the service by the Seller that after the provision of the service by the Seller he will lose his right of withdrawal; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal; (3) in which the subject of the performance is a non-refabricated product, manufactured to the consumer's specification or serving to meet his individual needs; (4) in which the subject of the performance is a product which is perishable or has a short shelf life; (5) in which the subject of the performance is a Product supplied in sealed packaging which cannot be returned after opening for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of the performance is Products which after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him/her for the purpose of carrying out urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer or delivers Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with regard to additional services or Products; (9) where the subject matter of the supply is a sound or visual recording or computer software supplied in sealed packaging if the packaging is opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by means of a public auction; (12) for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services relating to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of the service; (13) for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.

9. PROVISIONS FOR ENTREPRENEURS

9.1 This clause of the Terms and Conditions and the provisions contained therein shall apply exclusively to Customers and Service Recipients who are not consumers.

9.2 The Seller shall have the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

9.3 In the case of Customers who are not consumers, the Seller shall have the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

9.4 From the moment the Seller releases the Product to the carrier, the benefits and burdens associated with the Product as well as the danger of accidental loss or damage to the Product will be transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until the release of the Product to the Customer, and for the delay in transport of the consignment.

9.5 If the Product is sent to the Customer by a carrier, the Customer who is not a consumer is obliged to examine the consignment in the time and manner usual for consignments of this type. If he finds that the Product has suffered a loss or damage during transport, he is obliged to do all things necessary to determine the liability of the carrier.

9.6 Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.

9.7 In the case of the Customer who is not a consumer, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Customer.

9.8 The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, irrespective of its legal basis, is limited - both as a single claim and for all claims in total - to the amount of the price paid and the delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller shall only be liable towards the Service Recipient/non-consumer Customer for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits towards the Service Recipient/non-consumer Customer.

9.9 Any disputes arising between the Vendor/Service Provider and the Customer/non-consumer Customer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

10. FINAL PROVISIONS

10.1 Contracts concluded through the Online Shop shall be concluded in the Polish language.

10.2 Change of Terms and Conditions:
10.2.1 The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in legislation; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2 In the case of conclusion of agreements of a continuous nature on the basis of these Terms and Conditions (e.g. provision of Electronic Services - Account), the amended Terms and Conditions shall be binding upon the Service Recipient if the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days from the date of notification. In the event that the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in the current fees, the Customer who is a consumer has the right to withdraw from the contract.
10.2.3 In the case of conclusion of contracts of a different nature than continuous contracts (e.g. Sales Contract) on the basis of these Terms and Conditions, the amendments to the Terms and Conditions shall not in any way affect the acquired rights of the Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and the Sales Contracts concluded, executed or performed.

10.3 Matters not regulated by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers, the provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of 2 March 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on specific terms and conditions of consumer sales and amendments to the Civil Code of 27 July 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - the provisions of the Consumer Rights Act of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.