Terms of service
Terms of service www.marchclothes.pl
Online Store www.marchclothes.pl ensures the protection of consumer rights. Consumers cannot waive the rights granted to them under the Consumer Rights Act. Any provisions of agreements less favorable to the consumer than those stipulated in the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted under mandatory legal provisions, and any potential doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above-mentioned regulations, those regulations shall take precedence and be applied.
1. GENERAL
1.1 The Online Store, available at the internet address www.marchclothes.pl, is operated by March Brand Sp. z o.o., based in Warsaw, Hoża 86 apt. 410, 00-682, email address: kontakt@marchclothes.pl.
1.2 These Regulations are addressed to both consumers and entrepreneurs using the Online Store unless a specific provision of the Regulations states otherwise and is directed solely to consumers or entrepreneurs.
1.3 The controller of personal data processed in the Online Store in connection with the execution of the provisions of these Regulations is the Seller. Personal data is processed for purposes, within the scope, and based on the grounds and rules specified in the privacy policy published on the Online Store’s website. The privacy policy contains, in particular, the rules for the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and scope of the processing of personal data, as well as the rights of individuals whose data is being processed, and information regarding the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Likewise, providing personal data by the User or Client of the Online Store is voluntary, subject to exceptions provided in the privacy policy (conclusion of a contract and the Seller’s statutory obligations).
1.4 Definitions:
1.4.1 Business Days – means weekdays from Monday to Friday, excluding public holidays.
1.4.2 Registration Form – a form available in the Online Store that allows for the creation of an Account.
1.4.3 Order Form – an Electronic Service, an interactive form available in the Online Store that enables the placement of an Order, in particular by adding Products to the electronic shopping cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4 Client
(1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity;
(2) a legal person; or
(3) an organizational unit without legal personality, which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5 Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6 Account – means an individual panel assigned to each Client by the Seller, activated after the Client registers and enters into a service agreement for the provision of a Client Account.
1.4.7 Newsletter – an Electronic Service that includes a collection of resources identified by a unique name (login) and password provided by the Service User, where the data provided by the Service User is stored, including information on Orders placed by them in the Online Store.
1.4.8 Product – a movable item available in the Online Store that is the subject of a Sales Agreement between the Client and the Seller.
1.4.9 Regulations – these regulations of the Online Store.
1.4.10 Online Store – the online store of the Service Provider, available at the internet address www.marchclothes.pl.
1.4.11 Seller; Service Provider – March Brand Sp. z o.o., Warsaw, Hoża 86 apt. 410, 00-682, email address: kontakt@marchclothes.pl.
1.4.12 Sales Agreement – an agreement for the sale of a Product concluded or entered into between the Client and the Seller via the Online Store.
1.4.13 Electronic Service – a service provided electronically by the Service Provider to the Service User through the Online Store.
1.4.14 Service User
(1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity;
(2) a legal person; or
(3) an organizational unit without legal personality, which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.15 Consumer Rights Act, Act – the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014 item 827, as amended).
1.4.16 Order – a declaration of intent by the Client made using the Order Form, directly aimed at concluding a Sales Agreement for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1 The following Electronic Services are available in the Online Store: Order Form and Contact Form.
2.1.1 Order Form – Using the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. The Order is placed after the Customer completes two consecutive steps: (1) after filling out the Order Form and (2) clicking on the "Order" button on the Online Store's website after filling out the Order Form. Until this point, the Customer can independently modify the entered data (by following the displayed messages and instructions available on the Online Store's website). In the Order Form, the Customer is required to provide the following data: full name/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and sales agreement-related details: Product(s), quantity of Product(s), delivery location and method, and payment method. For Customers who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
2.1.1.1 The Electronic Service of the Order Form is provided free of charge and is one-time, ending when the Order is placed via the form or when the Customer stops placing the Order using the form.
2.1.2 The User may, at any time, use the Contact Form available on the Online Store's website, which allows them to send a message to the Seller. Using the Contact Form is one-time and ends when the message is sent to the Seller. The User may stop using the Contact Form at any time by stopping the use of this feature or by stopping the use of the Online Store.
2.2 Technical requirements necessary to cooperate with the IT system used by the Service Provider:
(1) a computer, laptop, or other multimedia device with Internet access;
(2) access to email;
(3) a web browser: Mozilla Firefox version 17.0 or higher, Internet Explorer version 10.0 or higher, Opera version 12.0 or higher, Google Chrome version 23.0 or higher, Safari version 5.0 or higher;
(4) any screen resolution;
(5) enabling cookies and JavaScript support in the web browser.
2.3 The Customer is obliged to use the Online Store in a manner consistent with the law and good customs, respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The Customer is required to provide data that is consistent with reality. The Customer is prohibited from providing unlawful content.
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1 The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.2 The price of the Product displayed on the Online Store's website is shown in Polish zloty (PLN) and includes taxes. The Customer is informed about the total price, including taxes for the Product being ordered, as well as delivery costs (including transport, delivery, and postal services fees) and any other costs. If it is not possible to determine the amount of these fees, the Customer is informed of the obligation to pay them during the process of placing the Order, including at the moment the Customer expresses the will to enter into the Sales Agreement.
3.3 Procedure for concluding a Sales Agreement in the Online Store via the Order Form
3.3.1 The Sales Agreement between the Customer and the Seller is concluded after the Customer places an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.
3.3.2 After placing the Order, the Seller promptly confirms receipt of the Order and simultaneously accepts it for execution. The confirmation of receipt and acceptance of the Order for execution is done by sending the Customer an appropriate email to the address provided during the Order process. This email contains at least the Seller's statement of receipt of the Order, acceptance of the Order for execution, and confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded at the moment the Customer receives this email.
3.4 The recording, securing, and providing the Customer with the content of the concluded Sales Agreement is done by:
(1) making these Terms and Conditions available on the Online Store's website, and
(2) sending the Customer the email referred to in section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store IT system.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1 Electronic payments via the Przelewy24.pl service – https://www.przelewy24.pl/
4.1.1.1 Transactions for electronic payments are processed according to the Customer's choice via the Przelewy24.pl service. The electronic payment services, including credit card payments and PayPo, are managed by:
4.1.1.1.1 Przelewy24.pl – PayPro S.A., ul. Kanclerska 15, 60-327 Poznań, registered in the National Court Register under the number 000034793, with its records kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań. The share capital is 4,500,000 PLN fully paid, NIP: 779-236-98-87.
4.1.1.1.2 Card payment services are provided in cooperation with Przelewy24.pl by Elavon Financial Services Limited (sp. z o.o.) branch in Poland, located in Warsaw, ul. Puławska 17, 02-515 Warsaw, KRS 0000287836, REGON: 300649197, NIP: 2090000825. The share capital of Elavon Financial Services Limited is 6,400,001.00 euros.
4.2 Payment term:
4.2.1 If the Customer chooses electronic payments, the Customer is obliged to make the payment within 3 calendar days from the date of concluding the Sales Agreement.
5. COST, METHODS, AND DEADLINE FOR DELIVERY AND COLLECTION OF THE PRODUCT
5.1 The delivery of the Product to the Customer is subject to a fee unless the Sales Agreement states otherwise. The delivery costs (including transportation, delivery, and postal service fees) are indicated to the Customer on the pages of the Online Store in the "Delivery Methods" section and during the order placement process, including at the time the Customer expresses the intent to enter into the Sales Agreement.
5.2 The Seller offers the Customer the following methods of delivery or collection of the Product:
5.2.1 Courier shipment and delivery to InPost parcel lockers.
5.3 The delivery time for the Product to the Customer is up to 9 Business Days, unless a shorter period is specified in the description of the specific Product or during the order placement process. In the case of Products with different delivery times, the delivery time will be the longest specified time, which cannot exceed 9 Business Days. The start of the delivery period for the Product to the Customer is counted as follows:
5.3.1 In the case of the Customer choosing the method of payment - electronic payment - from the day the Seller's bank account or settlement account is credited.
6. PRODUCT COMPLAINTS
6.1 In relation to Customers who are consumers, the Seller is responsible for any non-conformity of the Goods with the contract. For Customers who are not consumers, the Seller is liable under the principles specified in the Civil Code.
6.2 The Products offered by the Seller come with a manufacturer's warranty. The warranty is valid for a period of 12 months from the date of order fulfillment.
6.3 The Seller is liable for non-conformity of the sold Goods with the contract if the sold item has a defect that reduces its value or utility, if the item does not have the properties that the Store assured in the product description, or if the item was delivered incomplete and the Consumer was not aware of it at the time of the contract conclusion.
6.4 To maintain the right to make a complaint, the Customer must notify the Seller of the defect immediately after its discovery and send a complaint form available in the Online Store as specified in point 6.5.
6.5 The complaint can be submitted by the Customer in the following ways:
6.5.1 In writing to the address: Warszawa, Hoża 86 apt. 410, 00-682.
6.5.2 In electronic form via email to: kontakt@marchclothes.pl.
6.6 The Seller will respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of submission. If the Customer, who is a consumer, requests a replacement of the item or removal of the defect, or submits a declaration to reduce the price, specifying the amount by which the price should be reduced, and the Seller does not respond to this request within 14 calendar days, the request is considered justified.
6.7 The complained Goods should be returned along with a description of the complaint to the following address:
ul. Hoża 86 lok. 410, 00-682 Warszawa
7. ALTERNATIVE DISPUTE RESOLUTION METHODS AND CLAIMS PROCESSING
7.1 Detailed information regarding the possibility for Customers who are consumers to use alternative dispute resolution methods and claim processing, as well as the principles for accessing these procedures, is available on the website of the Office of Competition and Consumer Protection at: uokik.gov.pl.
7.2 A contact point operates at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl, or written address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), which provides assistance to consumers in matters related to alternative dispute resolution.
7.3 Consumers have the following examples of options to use alternative methods for processing complaints and pursuing claims:
(1) A request for resolution of the dispute to the permanent arbitration court for consumers (more information at: spsk.wiih.org.pl);
(2) A request for alternative dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector relevant to the location of the Seller’s business);
(3) Assistance from the county (municipal) consumer ombudsman or consumer protection organizations (e.g., the Consumers Federation, Polish Consumers Association). Advice is provided, among other ways, by email at porady@dlakonsumentow.pl and by calling the consumer helpline at 801 440 220 (the helpline is available on Business Days from 8:00 AM to 6:00 PM, with charges according to the operator's rates).
7.4 An online platform for the resolution of disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at: ec.europa.eu. The ODR platform is an interactive, multilingual website that provides comprehensive support for consumers and entrepreneurs seeking an out-of-court resolution to disputes concerning contractual obligations arising from an online sales contract or service provision agreement (more information on the platform itself or on the website of the Office of Competition and Consumer Protection: uokik.gov.pl).
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1 A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before the deadline expires. The statement of withdrawal from the contract may be submitted:
8.1.1 In writing to the address: Warszawa, Hoża 86 apt. 410, 00-682.
8.1.2 In electronic form via email to: kontakt@marchclothes.pl.
8.2 In the event of a return, the consumer must complete the appropriate form available on our website in electronic or printable form.
8.3 The deadline for withdrawal from the contract begins:
8.3.1 For contracts under which the Seller delivers the Product, being obliged to transfer its ownership (e.g., Sales Agreement) – from the moment the consumer or a third party designated by them (other than the carrier) takes possession of the Product, and in the case of a contract that:
(1) covers multiple Products that are delivered separately, in batches, or in parts – from the moment of taking possession of the last Product, batch, or part, or
(2) involves the regular delivery of Products for a specified period – from the moment of taking possession of the first of the Products;
8.3.2 For other contracts – from the date of contract conclusion.
8.4 In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.5 The Seller is obliged to promptly, but no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, refund all payments made by the consumer, including the costs of Product delivery (except for additional costs arising from the consumer's choice of a delivery method other than the cheapest ordinary method available in the Online Store). The Seller will refund the payment using the same payment method used by the consumer unless the consumer explicitly agrees to another refund method that does not incur any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of the payment received from the consumer until they receive the Product back or provide proof of its return, whichever event occurs first.
8.6 The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it without delay, no later than within 14 calendar days from the day they withdrew from the contract, unless the Seller proposed to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiration. The consumer may return the Product to the address: ul. Hoża 86 lok. 410, 00-682 Warszawa
8.7 The consumer is responsible for any reduction in the value of the Product resulting from its use beyond what is necessary to ascertain the nature, characteristics, and functioning of the Product.
8.8 Possible costs associated with the consumer's withdrawal from the contract, which the consumer must bear:
8.8.1 If the consumer chose a delivery method for the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the consumer for any additional costs incurred.
8.8.2 The consumer bears the direct costs of returning the Product.
8.9 The Seller does not accept returns sent by cash on delivery.
8.10 Gift cards are not eligible for cash refunds or exchanges. A refund when paid with a gift card will occur in the form of a gift card.
9. PROVISIONS REGARDING ENTREPRENEURS
9.1 This section of the Regulations and the provisions contained therein apply exclusively to Clients and Service Recipients who are not consumers.
9.2 The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case can occur without providing a reason and does not create any claims on the part of the Client who is not a consumer against the Seller.
9.3 In the case of Clients who are not consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
9.4 Upon the delivery of the Product to the carrier by the Seller, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Client who is not a consumer. In this case, the Seller is not responsible for the loss, deficiency, or damage to the Product that occurs from the moment it is accepted for transport until it is delivered to the Client and for delays in the transport of the shipment.
9.5 If the Product is sent to the Client via a carrier, the Client who is not a consumer is obliged to examine the shipment in a timely manner and in the manner accepted for such shipments. If they find that there was a loss or damage to the Product during transport, they are obliged to take all necessary actions to determine the carrier's liability.
9.6 According to Article 558 § 1 of the Civil Code, the Seller's liability for defects in the Product towards a Client who is not a consumer is excluded.
9.7 In the case of Service Recipients who are not consumers, the Service Provider may terminate the electronic service contract with immediate effect and without stating reasons by sending the Service Recipient a relevant statement.
9.8 The liability of the Service Provider/Seller towards the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited—both in the case of 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 złoty. The Service Provider/Seller is liable to the Service Recipient/Client who is not a consumer only for typical damages foreseeable at the time of the conclusion of the agreement and is not liable for lost profits in relation to the Service Recipient/Client who is not a consumer.
9.9 Any disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer shall be submitted to the competent court based on the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1 Agreements concluded through the Online Store are conducted in the Polish language.
10.2 Changes to the Regulations:
10.2.1 The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e., changes in legal regulations; changes in payment and delivery methods—to the extent that these changes affect the implementation of the provisions of these Regulations.
10.2.2 In the case of concluding continuous contracts based on these Regulations (e.g., provision of Electronic Service – Account), the amended regulations bind the Service Recipient if the requirements specified in Articles 384 and 384¹ of the Civil Code have been met, i.e., the Service Recipient has been properly informed about the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the change in the Regulations results in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3 In the case of concluding contracts of a nature other than continuous contracts (e.g., Sales Agreement) based on these Regulations, changes to the Regulations will not in any way infringe on the rights acquired by Service Recipients/Clients who are consumers before the changes to the Regulations come into force, in particular, changes to the Regulations will not affect already placed or submitted Orders and concluded, executed, or performed Sales Agreements.
10.3 In matters not regulated by these Regulations, generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded before December 24, 2014, with Clients who are consumers—the provisions of the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by Dangerous Products of March 2, 2000 (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on Special Conditions for Consumer Sales and Amending the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014, with Clients who are consumers—the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.
11. SAMPLE FORMS
Download the return form template
Download the complaint form template