Terms and Conditions
The bedravintage.com Online Store is committed to respecting consumer rights. The consumer cannot waive his rights granted by the Consumer Rights Act. Any provisions of contracts that are derogating from the provisions of the Consumer Rights Act will be invalid and replaced by the provisions of the Consumer Rights Act. By reason of the foregoing, the purpose of these Conditions of Use and Sale is not to exclude or restrict any consumer rights granted by virtue of absolutely applicable law, and any doubts should be decided in favor of the consumer. If these Conditions are inconsistent with the aforementioned laws, those provisions of laws will control and will be applicable.
BEDRA VINTAGE STORE TERMS AND CONDITIONS
The following regulations set forth the general terms and conditions governing the sale of items, and the applied mode of sale, by IARTIGIANI LIMITED with its registered office in DUBLIN (hereinafter referred to as „Bedra Vintage”), through the www.bedravintage.com online store (hereinafter referred to as „Bedra Vintage Store”), and the terms and conditions for the provision of gratuitous online services by Bedravintage.
- 1 Definitions
- Business Days – days of the week from Monday through Friday, excluding public holidays.
- Consumer – a natural person conducting a legal transaction not directly related to their business or professional activity.
- Contract of Sale – the remote sales agreement concluded through electronic means without the simultaneous physical presence of the parties and pursuant to the Terms and Conditions, made by and between the Customer and Bedra Vintage.
- Customer – the entity to which, in accordance with the Terms and Conditions, online services may be provided or with which a Contract of Sale may be concluded.
- Customer Account – the functionality provided on the Bedra Vintage Store Website, operated on behalf of the Customer by Bedra Vintage after Registration performed by the Customer.
- Delivery – transport to the Customer of the Item specified in the Order, carried out by Bedra Vintage through the Supplier.
- Digital Content – data created and provided in digital format.
- Durable Medium – material or device which enables the Customer to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information, and which allows the unchanged reproduction of the information stored.
- Entrepreneur – a natural person, legal entity or organisational entity without corporate status, having legal capacity pursuant to an act of law, conducting business activity or professional activity on their own behalf.
- Item – a product offered by Bedra Vintage through the Bedra Vintage Store Website.
- Login – the individual identification of the Customer, required along with the Password to place an order with Bedra Vintage Store. The Login consists of the Customer’s appropriate e-mail address.
- Password – the sequence of letters, digits or other characters individually specified by the Customer, securing the access to the Customer Account.
- Registration – the procedure specified in the Terms and Conditions, required for the use of all functionalities of Bedra Vintage Store by the Customer.
- Bedra Vintage Store Website – websites on which Bedravintage operates the Bedra Vintage Store under the domain name bedravintage.com.
Bedra Vintage – www.bedravintage.com is operated by the company DESIGNI, Kamila Rykowska with the principal place of business and the service address at ul. Twarda 18, 00-105 Warszawa, Tax Identification Number (NIP): 5252707457, Business Registry Number (REGON):
367051875, e-mail address: email@example.com
- Supplier – Poczta Polska S.A. or a courier company.
- Terms and Conditions – these regulations for the use of Bedra Vintage Store.
- 2 Introduction
- As Bedravintage, we hold all rights to Bedra Vintage Store, including copyrights, intellectual property rights to its name, Internet domain name, the Bedra Vintage Store Website, as well as the standards, forms and logos in our use. They may be used only as specified by us in and in accordance with the Terms and Conditions.
- Bedravintage makes Bedra Vintage Store available, via the Internet and the Bedra Vintage Store Website, as a communications and information technology system.
- Bedravintage reserves the right to publish advertisements related to the Items offered, as well as to goods and services of third parties, on the Bedra Vintage Store Website
- Bedra Vintage Store or the Bedra Vintage Store Website may not be used by Customers or third parties for distribution of spam messages.
- The Bedra Vintage Online Store may only be used in accordance with the rules and within the extent specified by us in the Terms and Conditions.
- The Customer using Bedra Vintage Store is not entitled to interfere in any way with the Digital Content, structure, form, graphic elements or mechanics of Bedra Vintage Store. Provision by the Customer of illegal content is prohibited, as is the use of Bedra Vintage Store, the Bedra Vintage Store Website or the gratuitous services provided by Bedra Vintage in a manner that violates the law, the principles of morality, or the personal rights of third parties or Bedra Vintage.
- The Customer is entitled to use the Bedra Vintage Store Websites for their personal use only. The Customer is not allowed to use the resources and functions of the Bedra Vintage Store Websites to pursue commercial activity or any activities that would infringe upon the interests of Bedra Vintage.
- The use of Bedra Vintage Store denotes any activity whereby the Customer becomes acquainted with the Digital Content of the Bedra Vintage Store Website, subject to the provisions of § 3 of the Terms and Conditions.
- To place an order with Bedra Vintage Store and to use the services available on the Bedra Vintage Store Websites, the Customer must own an active e-mail account.
- As Bedravintage, we declare that the public nature of the Internet and the use of services provided by electronic means may entail the risk of acquisition and modification of Customers’ data by unauthorised parties, therefore Customers should apply appropriate technical measures to minimise the aforementioned risks (use up-to-date antivirus software and programmes which protect the identity of Internet users).
- Bedravintage creates and implements precautions against the unauthorised use, reproduction or distribution of the content published on the Bedra Vintage Store Websites. Whenever these measures are applied by Bedravintage, the Customers undertake to refrain from any actions intended to remove or circumvent any such precautions or solutions.
- 3 Registration at the Bedra Vintage Online Store
- To create a Customer Account, the Customer is required to perform a gratuitous Registration. Registration is required for Customers to place orders with Bedra Vintage Store.
- In order to perform the Registration, the Customer must complete the registration form we provide on the Bedra Vintage Store Website and submit the completed registration form to Bedravintage by electronic means, by selecting the appropriate function in the registration form. During Registration the Customer determines the Password.
- While completing the registration form the Customer must follow the following rules:
- a) The Customer must fill in all fields in the registration form, unless a field is optional;
- b) The information entered in the registration form must be true and pertaining to the Customer;
- e) By selecting a relevant box on a registration form, the customer should express the will to enter into an agreement of electronically supplied services operation of the Customer Account by Bedravintage. Such agreement is voluntary, but necessary for Registration and establishment of the Customer Account.
- Submission of the completed registration form is equivalent to:
- b) authorisation of Bedravintage to process the Customer's personal data specified in the registration form in order to provide the Customer Account service, and permission for Bedravintage to transmit information pertaining to technical support for the Customer Account to the e-mail address submitted by the Customer during Registration.
- Promptly after submission of the completed registration form, the Customer shall receive at their e-mail address registration confirmation transmitted by Bedravintage by electronic means. Thereupon, the Customer obtains access to the Customer Account and becomes entitled to change the data submitted during data Registration, except for the Login, and to use the remaining services provided by Bedravintage through the Bedra Vintage Store Website.
- The Customer is obliged to use best efforts in order to maintain confidentiality and prevent disclosure of the Password to third parties. The Customer is obliged to immediately notify Bedravintage of the loss of the Password to unauthorised parties. Should that occur, the Customer must immediately change the Password using the appropriate functionality of the Customer Account.
- 4 Orders and payments and order processing
- The information published on the Online Store Website constitutes an offer submitted by Bedravintage.
- The Customer may place orders with the Bedra Vintage Online Store, through the Bedra Vintage Store Website, twenty-four (24) hours a day and 7 (seven) days a week.
After completing the whole order, the customer can see the price of all goods added to “BASKET” without the cost of delivery. Tax and shipping will be calculated at checkout. The customer proceeds to the next stage of placing an order by clicking the “CHECKOUT NOW” button. At this stage of the order, before sending the order to Bedra Vintage, the total price of selected products, the total cost of delivery and any other possible costs associated with the fulfillment of the order are shown. The cost of delivery is calculated on the basis of the delivery address provided by the customer when registering an account in the Bedra Vintage Store. By clicking on the “CONTINUE TO PAYMENT” button, the customer goes to the next page, where confirmation of the delivery address is required and an invoice address is provided (if different from the delivery address). Then, by clicking on the “REVIEW ORDER” button, the customer enters the summary page of all order data (e-mail address; delivery address; shipping method; payment method; total amount of order). After clicking on the “COMPLETE ORDER” button, the customer is redirected to the PayPal payment page after selecting the payment method they make a purchase. The purchase form is then sent to Bedra Vintage.
- Once the order has been placed, Bedra Vintage Store shall send to the e-mail address provided by the Customer the confirmation of the order placed by the Customer.
- Once the Contract of Sale has been concluded, Bedravintage shall confirm the terms thereof for the Customer by sending them, on a Durable Medium, to the Customer’s e-mail address or, in writing, to the address provided by the Customer during Registration or when placing the order.
- Bedravintage reserves the right to partially process or cancel an order in case a product is no longer in stock. The customer will be notified of such change via e-mail or by phone.
- 5 Payment and Delivery
- Prices presented on Bedra Vintage Website alongside specific Items:
- a) are gross prices (including VAT), stated in EUR, PLN, INR, GBP, CAD, USD,AUD, JPY, depending on the Customer’s selection;
- b) do not include information pertaining to Delivery charges;
- c) do not include information pertaining to possible customs duties.
- The final price, binding upon the parties to the sales agreement, is the price of the Item as presented on the Bedra Vintage Store Website at time of placement of the order by the Customer. Information regarding the total value of the order is determined each time within the “CART”, after the Customer has selected the Delivery method and form of payment.
- The Customer may choose between the following forms of payment for the Items ordered:
- bank transfer via the external PayPal payment system, operated by PayPal S.A. (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, processing of the order shall begin once Bedra Vintage has sent to the Customer the confirmation of order placement, and once Bedra Vintage has received notification from PayPal systems that the Customer had completed payment.).
- card Visa, MasterCard, American Express, Maestro, Delta, Electron, Eurocard
- Payments are provided in euro.
- Due dates: If the Customer selects a payment option via wire transfer, electronic payments or card payments, the Customer is obliged to make the payment within 3 calendar days of concluding the Sales Contract.
- The Customer may not make partial payments by paying one part in advance and the remaining part on Delivery. The Customer shall each time be notified of the due date for the payment, taking into account the Delivery method.
- On the Bedra Vintage Store Website, Bedravintage shall display information indicating the time necessary to fulfil the order, which takes up from 14 to 50 working days from receiving the funds to the account until the parcel is delivered to the courier.
- Ordered Items are delivered to the Customer through the Supplier, to the address indicated in the order form.
- The Customer must examine the delivered parcel in time and manner customary for shipments of that type, in the presence of the employee of the Supplier.
- Upon detection that the parcel is damaged or incomplete, the Customer is entitled to demand that the Supplier’s employee prepares a relevant report.
- During Delivery Bedravintage shall attach to the parcel a receipt or VAT invoice for the Items included in the Delivery.
- In the event of absence of the Customer at the address specified by the Customer as Delivery address upon order placement, an employee of the Supplier shall leave an advice note. Should the ordered Items be returned by the Supplier to the Bedra Vintage Online Store, Bedravintage shall contact the Customer by e-mail or telephone to arrange with the Customer a new Delivery date and cost.
- 6 Liability and warranty
- Bedravintage shall be liable for non-performance or improper performance of the agreement, whereas in case of agreements with Customers who are Entrepreneurs Bedravintage shall be liable only for deliberate damage and within the limits of losses actually incurred by the Customer being an Entrepreneur.
- Bedravintage ensures Delivery of Items free of physical and legal defects. Bedravintage shall be liable towards the Customer if the Item has a physical or legal defect (implied warranty).
- If the Item is defective, the Customer may:
- a) submit a statement of price reduction or withdrawal from the Contract of Sale, unless Bedravintage, immediately and without excessive inconvenience to the Customer, replaces the defective Item with a non-defective one or removes the defect. This limitation shall not apply if the Item has already been replaced or repaired by Bedravintage, or if Bedravintage has failed to fulfil the obligation to replace the Item with a non-defective one or to remove the defect. The Customer is entitled to demand, instead of removal of the defect as per Bedravintage’s proposal, replacement of the Item with a non-defective one, or to demand removal of the defect instead of replacement of the Item, unless making the product compliant with the agreement in the manner selected by the Customer is impossible or would require excessive costs as against the manner proposed by Bedravintage. The determination of whether the costs are excessive shall take into account the value of the defect-free Item, the type and importance of the discovered defect, as well as any inconvenience to the Customer entailed by other manners of satisfying the claim. The cost of repair or replacement shall be covered by Bedravintage.
- b) submit a statement of price reduction or withdrawal from the Contract of Sale, unless Bedravintage, immediately and without excessive inconvenience to the Customer, replaces the defective Item with a non-defective one or removes the defect. Bedravintage is entitled to refuse to satisfy the Customer’s demand if making the defective Item compliant with the Contract of Sale in the manner selected by the Customer is impossible or would require excessive costs as against the remaining possible manner of making the product compliant with the Contract of Sale. The cost of repair or replacement shall be covered by Bedravintage.
- Exercising their rights that arise from the implied warranty, the Customer shall deliver the defective product to Bedravintage’s address. The delivery cost shall be covered by Bedra Vintage if the Customer is a Consumer
- Bedravintage shall be liable under implied warranty if a physical defect is discovered before two years since release of the Item to the Customer. The claim for removal of the defect or replacement of the Item with a defect-free one shall be barred by the statute of limitations after one year, however the end of this time period may not fall before the end of the time period specified in the first sentence. Within this time period the Customer may rescind the Contract of Sale or submit a statement of price reduction due to defect of the Item. If the Customer has demanded replacement of the Item with a defect-free one or removal of the defect, the time period for rescission of the Contract of Sale or submission of the statement of price reduction shall start upon expiration of the time period for replacement of the Item or removal of the defect.
- 7 Complaints
- Any complaints related to the Items or to performance of the Contract of Sale may be submitted by the Customer, in writing, to Bedravintage’s address.
- Bedravintage shall, within 14 days from the date of the request containing the complaint, issue an opinion on the complaint relating to an Item or to performance of the Contract of Sale submitted by the Customer.
- The faulty Item must be delivered or sent to Bedravintage’s address. The address for sending the parcel is different from the address at which the company is registered.
5. The Seller will promptly respond to the Customer’s complaint and in any event no later than within 14 calendar days from the day when the complaint was filed. If the Seller does not respond to the complaint within that period, it will be deemed justified.
6. The Product needs to be delivered to the Seller for him to be able to consider the Customer’s complaint or exercise Customer’s rights under the warranty, the Customer will be asked by the Seller to deliver the Product to the Seller address.
7. The request to deliver the Product, as referred to in Section 6.6 hereof, does not affect the time period for the Seller to respond to the Customer’s complaint, as referred to in Section 6.5 hereof, nor does it violate the Customer’s right to demand that the Seller disassemble the defective Product and re-assemble it after the Product has been replaced for a defect-free Product or after the defect has been removed, as specified in Article 561 of the Civil Code.
- 8 Out-of-Court Methods for Resolution of Complaints and Settling Claims – the ODR Platform
- The Consumer may make use of the platform for online dispute resolution for consumer disputes (the ODR platform) in accordance with the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The European ODR platform is expected to facilitate the independent, impartial, transparent, effective, fast and fair out-of-court resolution of disputes between consumers and traders online, concerning contractual obligations stemming from online sales or service contracts between a consumer resident in the European Union and a trader established in the European Union.
- Here we publish the hyperlink to the ODR Platform: ec.europa.eu/consumers/odr
- At the same time, we reiterate Bedravintage’s e-mail address for Consumer contact : firstname.lastname@example.org
- Making use of the available out-of-court methods for resolution of complaints and settling claims is possible after complaint procedure has been concluded and is of voluntary character – both parties need to agree to the proceedings. Bedravintage agrees to use out-of-court dispute resolution for disputes with Consumers.
- 9 Rescission of the Contract of Sale and refunds
- The Customer who is a Consumer and has concluded the Contract of Sale may rescind the Contract of Sale within 14 days without giving reason. The time period for rescission of the Contract of Sale shall start once the Customer comes into possession of the Item. The 14-day period is counted from the date on which the courier company recorded that the package was collected by the Customer, unless Customer inform Bedravintage about an exceptional situation no longer than within 48 h from the date of collecting the package.
- The Customer may rescind the Contract of Sale by submitting a statement of rescission to Bedravintage. The statement of rescission may be submitted on the form, the template whereof has been made available by Bedravintage on the Online Store Website. Sending the statement in adress email@example.com before expiration of the time period is sufficient for meeting the deadline.
- In the event of rescission of the Contract of Sale, the contract shall be treated as if it had never been concluded.
- Should the Customer submit the statement of rescission of Contract of Sale before Bedra Vintage accepts the Customer's offer, the offer ceases to be binding.
- BedraVintage is obliged to immediately refund, not later than within 14 days from the date of reception of the Customer's statement of rescission of the Contract of Sale, to the Customer all payments made by the Customer, including the charge for Delivery of the Item to the Customer. Bedra Vintage may with hold refund of payments received from the Customer until reception of the returned Item or proof, supplied by the Customer, of the Item having been sent, whichever occurs earlier. The Bedra Vintage will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction.
- If the Customer exercising the right to rescind chooses to ship the Item in a manner other than the cheapest standard Delivery method offered by Bedravintage, Bedravintage is not obligated to reimburse the Customer for the additional costs incurred by the Customer.
- In case of partial order return shipping cost will not be refundable.
- The Consumer is obligated to immediately return the Item to Bedravintage or turn it over to the person authorised by Bedravintage to collect the Item, not later than within 14 days from the date of rescission of the Contract of Sale by the Consumer, unless the entrepreneur had offered to collect the Item themselves. Dispatching the product before expiration of that time period is sufficient for meeting the deadline.
- The address for sending the parcel with the return is different from the address at which the company IARTIGIANI LTD. is registered. The returned Item must be delivered or to Bedravintage’s with following address:
- The Customer shall bear liability for any decrease in the value of the Item resulting from any use thereof that exceeds the manner necessary to determine the nature, features and functioning of the Item.
- The Item must be returned in unchanged condition, unless the change was necessary within the limits of ordinary management. The item must be unworn and in its original packaging (with no damage to the box unless it has been damaged by the courier). All elements such as paper label tag, additionalbutton can't be detach. Seal on paper tags can’t be tampered with or removed.
12. a) Receipt / invoice and return form must be enclosed.
12. b) Return form need to be signed the form with customer full name and signature.
- Bedravintage shall issue the refund using the same payment means the Customer had used to pay, unless the Customer has expressly agreed to a refund through other means which do not incur any costs to the Customer.
NON REFUNDABLE ORDERS:
1) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
Which in this case means, for example: sewing the dress to the customer's individual size, changing the length of the dress, changing the appearance of the dress, changing the appearance of dress elements.
The customer will always be informed of the inability to return before placing the order, or immediately after placing it, even before the start of the process od sewing.
- 10 Exchange policy
- Currently, it is not possible to make the exchange. Please return the product and place a separate order.
- 12 Services
- Bedravintage renders the following online services to the Customer free of charge:
- a) Customer Account service;
- b) Newsletter
- The services specified in art. 1 above shall be provided 7 days a week, 24 hours a day.
- Bedravintage reserves the right to choose and change the type, form, time and method of providing access to some of these services, and shall notify the Customer of these in the manner applied in the event of amendment to the Terms and Conditions.
- The Customer Account service is available after Registration, on terms established in § 3 of the Terms and Conditions.
- The Newsletter service is available to any Customer who druing Registration marks the appropriate field in the registration form and enters their e-mail address through the dedicated registration form made available by Bedravintage on the Online Store Website and who agrees to use the service. Upon submission of the completed dedicated form, the Customer shall immediately receive from Bedravintage to the e-mail address specified in the dedicated form the online confirmation of reception by Bedravintage of the completed form along with a redirection to the Online Store Website, by means whereof the Customer is obliged to confirm their intent to use the service. Confirmation of intent to use the service, performed by the Customer, is required to initiate provision of the Newsletter service.
- The Newsletter service consists of messages in digital format, sent by Bedravintage to the respective Customers’ e-mail addresses, containing information on new products or services offered by Bedravintage. The Newsletter shall be sent by by Bedravintage to each Customer who has subscribed to it.
- Each Newsletter directed to the Customers shall include the following, in particular:
- a) information on the sender;
- b) the completed “subject” field, describing the contents of the message, and
- c) information on the possibility to opt out of the free Newsletter service and the method of accomplishing thereof.
- The Customer may at any time opt out of receiving the Newsletter by unsubscribing, which is accomplished by sending a message to the e-mail address firstname.lastname@example.org
- The Customer who has completed Registration may delete the Customer Account themselves or submit an appropriate request to Bedravintage, whereas in the event that a request for deletion of the Customer Account shall be submitted to Bedra Vintage, the account must be deleted within 14 (fourteen) days of submission of the request.
- Bedravintage is entitled to block access to the Customer Account and gratuitous services in the event that the Customer acts to the detriment of Bedravintage or other Customers, the Customer breaches the law or the Terms and Conditions, or that blocking access to the Customer Account and gratuitous services is justified on grounds of security – in particular by: the Customer breaching securities of the Online Store Website or performing other hacking activities. Blocking of access to the Customer Account and gratutitous services for abovementioned reasons shall last for the time period necessary to resolve the issues giving rise to the blocking of access to the Customer Account and gratuitous services. Bedravintage shall notify the Customer of the intent to block access to the Customer Account and gratuitous services 3 Business Days in advance, in an e-mail sent to the address provided by the Customer in the registration form.
- 13 Final provisions and amendments to Terms and Conditions
- The Terms and Conditions enter into force on the date of publication on the Online Store website, replacing the previously existing Online Store terms and contidions.
- The contents of these Terms and Conditions may be recorded by printing, copying to a storage device or downloading at any time from the Online Store websites.
- The Terms and Conditions may be amended. Bedravintage shall inform all Customers of the content of the amendment to the Terms and Conditions by publishing information on the amendment to the Terms and Conditions on the Online Store homepage, including a summary of the amendment to the Terms and Conditions, and maintaining this information on the Online Store homepage for a minimum of 10 consecutive business days, whereas Customers who have a Customer Account shall be additionally notified by Bedravintage through an e-mail, sent to the e-mail addresses specified by the Customers in the registration form, containing a summary of the amendment to the Terms and Conditions.
- Notification of amendment to the Terms and Conditions, performed as established above, shall occur at least 7 business days in advance of implementation of the amended Terms and Conditions. If the Customer has a Customer Account and does not accept the new contents of the Terms and Conditions, they are obliged to notify Bedravintage of that within 7 days from the date of notification of the amendment to the Terms and Conditions. Unacceptance shall result in termination of the contract for gratuitous online services, subject to preservation of any rights acquired by the parties.
- All orders accepted by the Store prior to the day of amendment to the Terms and Conditions shall be processed pursuant to the Terms and Conditions in force at the date of placing the order by the Customer.
- In the event of a dispsute in connection with the concluded Contract of Sale, the parties shall seek to resolve the matter amicably. Each Customer is entitled to use out-of-court methods for resolution of complaints and settling claims. In this regard the Customer may use mediation. The lists of permanent mediators and extant mediation centres are submitted and made available by the Presidents of competent Regional Courts.
- The Terms and Conditions shall come into force on 05.07.2019.