Terms and Conditions

TERMS AND CONDITIONS OF THE XPLX ONLINE STORE

§ 1 General Provisions

1. The XPLX online store, available at https://xplx.pl/, is operated by XPLX Sp. z o.o., headquartered in Warsaw, Władysława Pytlasińskiego 16/13, 00-777 Warsaw, Poland, registered in the National Court Register maintained by the District Court for Warsaw-Mokotów in Warsaw, XIII Commercial Division of the National Court Register, NIP: 5214097011, REGON: 54034372700000, KRS: 0001141784. XPLX Sp. z o.o. is the owner and administrator of personal data of customers who are natural persons.

2. These Terms and Conditions are addressed to customers, particularly consumers, and define the rules and procedures for concluding distance sales agreements via the store.

3. The Seller is an entrepreneur within the meaning of the Act of March 6, 2018, on Entrepreneurs' Law. Thus, consumer protection regulations apply to sales of products to a natural person making a legal transaction not directly related to their business or professional activity.

4. The store's business activity involves the retail sale of clothing and accessories via the Internet.

5. Customers may place orders in the store 24 hours a day, 7 days a week via the store's website. Orders are fulfilled within the European Union.

6. The Seller shall not be liable, to the broadest extent permitted by law, for disruptions, including interruptions in the store's operation caused by force majeure, unauthorized actions of third parties, or incompatibility of the online store with the customer's technical infrastructure.

7. All products offered in the store are brand new and free from defects.

8. By using the store, the customer is obliged to act in accordance with its intended purpose, particularly in a manner that does not violate legal provisions or third-party rights.

9. Information about products does not constitute an offer within the meaning of the Civil Code but an invitation to conclude a sales agreement.

§ 2 Definitions

1. Seller – XPLX Sp. z o.o., headquartered in Warsaw, Władysława Pytlasińskiego 16/13, 00-777 Warsaw, Poland, registered in the National Court Register under the details provided in § 1.

2. Customer – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality, granted legal capacity by law, who concludes a distance contract with the Seller.

3. Store – the online store operated by the Seller at https://xplx.pl/.

4. Distance Contract – a contract concluded with a Customer under an organized distance contracting system (within the store) without the simultaneous physical presence of the parties, using one or more means of distance communication up to the moment of concluding the contract.

5. Terms and Conditions – these Terms and Conditions of the store.

6. Consumer – a natural person concluding a contract for purposes not directly related to their business or professional activity.

7. Order – a Customer's declaration of intent submitted via the Order Form, directly aimed at concluding a Product Sales Agreement with the Seller.

8. Account – a Customer's account in the store, storing personal data and information about orders placed by the Customer.

9. Registration Form – a form available in the store allowing the creation of an account.

10. Order Form – an interactive form available in the store enabling the placement of an order, particularly by adding products to the Cart and determining the terms of the Sales Agreement, including the method of delivery and payment.

11. Cart – a software element of the store where selected products for purchase are visible, and the order details, including product quantity, can be determined and modified.

12. Product – a movable item available in the store, which is the subject of a Sales Agreement between the Customer and the Seller.

13. Sales Agreement – a sales contract for a product concluded or entered into between the Customer and the Seller via the online store.

 

§ 3 Contact with the Store

1. Seller's address: Władysława Pytlasińskiego 16/13, 00-777 Warsaw, Poland.

2. Warehouse and returns address: Bergamotki 2/68, 02-765 Warsaw, Poland.

3. Seller's email address (for official correspondence): xplx.pl@outlook.com

4. Seller's email address (for customers): support@xplx.pl

5. Seller's phone number: +48 453 323 063

6. Seller's bank account (ING) for PLN transfers: 05 1050 1025 1000 0090 8448 8924.

7. Customers can communicate with the Seller using the contact details provided in this section.

 

§ 4 Order Placement and Product Shipment

1. Customers can browse the store’s assortment without creating an account. Orders can be placed by providing necessary personal and address details for fulfillment.

2. To place an order, the Customer must add a product to the Cart, click “Order with payment obligation” or similar, and complete the form correctly.

3. The order is finalized when the Customer correctly fills in the details, including contact details, address, phone number, and email.

4. The store recommends careful and accurate form completion. Incorrect data may result in the inability to fulfill the order.

5. Upon placing an order, the store sends a confirmation email to the Customer.

6. The contract is considered concluded when the order confirmation is sent to the Customer’s email.

7. Order processing begins upon the receipt of payment in the Seller’s account.

8. Delivery costs vary depending on the country and are specified in the Order Form.

9. Orders are shipped via courier services. Delivery usually takes up to 14 business days.

10. Customers are advised to inspect the product upon receipt for any defects.

11. The risk of accidental damage or loss of the product passes to the Consumer upon delivery. For non-consumer customers, the risk passes upon handover to the courier.

12. Orders are generally shipped within 14 business days.

13. The Seller reserves the right to expedite order fulfillment within 2-3 days after payment is received.

14. If the Customer chooses to pay by traditional bank transfer, they must complete the transfer within 2 business days from the date of placing the Order. If the Seller does not receive the payment within 2 business days from the date of the Order, the Seller has the right to cancel the order due to the Customer’s failure to make the payment. Failure to pay within the specified period will be considered as an implied withdrawal from the Agreement by the Customer. The Customer will be notified of the order cancellation via email sent to the address provided in the order form. If the lack of payment results from circumstances beyond the Customer’s control, particularly due to a disruption in online banking access, the Customer should inform the Seller by sending an email or responding to the cancellation notice received from the Seller. Such situations will be assessed on a case-by-case basis.

15. The Customer undertakes not to place fraudulent or dishonest orders. For the purposes of these Terms and Conditions, such orders include, in particular, those containing false data, placed without the intention of completing the transaction, or paid for using a stolen payment card or by hacking into a third party’s online banking account.

16. If the Customer fails to collect the Product within the appropriate time, i.e., before it is returned to the Seller, the Seller has the right to charge the Customer for the damages incurred due to the failure to collect the Product and its return shipment, particularly the shipping costs.

17. The Seller has the right to cancel the order if the Customer does not collect it within the appropriate time.

18. If the Customer is a natural person concluding a contract directly related to their business activity, the Seller verifies whether the sales agreement has a professional nature by checking the scope of the Customer's business activity (PKD codes) as provided under the regulations on the Central Registration and Information on Business (CEIDG).

 

§ 5 Pricing, Payment Methods, and Delivery

1. Prices listed in the store are in Euro (EUR) and do not include VAT. The Seller is VAT-exempt.

2. If a product price is reduced, the store will provide a comparison with the lowest price from the previous 30 days.

3. The final price includes the product price and delivery cost, displayed in the order summary.

4. Accepted payment methods:

• Bank transfer (via ING bank account: 05 1050 1025 1000 0090 8448 8924)

• Online payment through Przelewy24 (PayPro S.A.)

5. Orders are shipped via DHL courier services, with estimated delivery times of up to 14 business days within Poland and 2-14 business days within the European Union.

6. The entity providing online payment services and online payment security is Przelewy24.pl – belonging to PayPro S.A., based in Poznań, at Pastelowa Street 8 (60-198), entered into the register of entrepreneurs of the National Court Register maintained by the District Court Poznań Nowe Miasto and Wilda, VIII Economic Division of the National Court Register under number KRS 0000347935, with VAT number 7792369887, share capital amounting to 4,737,100.00 PLN, fully paid, and registered in the national payment institutions register maintained by the Polish Financial Supervision Authority under number UKNF IP24/2014.

 

§ 6 Right of Withdrawal from the Contract

1. A consumer and an individual entering into a contract directly related to their business activity, where the contract indicates that it is not of a professional nature for them, may withdraw from the Sales Agreement within 14 days.

2. The deadline specified in section 1 begins on the day the Product is delivered to the Customer specified in section 1 above or to a person indicated by them, other than the carrier.

3. The Customer specified in section 1 above may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient to send the statement before the deadline expires – the statement can be found at the end of these Terms and Conditions.

4. The statement can be sent via traditional mail or electronically by sending the statement to the Seller's email address – support@xplx.pl. The statement can be submitted using a form, the template of which is included as Appendix 1 to these Terms and Conditions and as an attachment to the Consumer Rights Act of May 30, 2014, but this is not mandatory.

5. The Seller will refund the payment using the same payment method that was used by the Customer specified in section 1 above in the original transaction, unless the Customer explicitly agrees to a different solution that does not incur any additional costs. In the case of a refund for a transaction made by a payment card, the Seller will process the refund to the bank account linked to the Customer’s payment card.

6. The payment refund will be made within 14 days from the day the Seller receives the Customer’s statement of withdrawal from the contract. The Seller may withhold the refund until the Product is returned or until the proof of its return is provided, depending on which event occurs earlier.

7. If the consumer or individual entering into the contract directly related to their business activity, where the contract indicates that it is not of a professional nature for them, exercises the right of withdrawal, and the Seller has not proposed to collect the product, the Seller may withhold the payment refund received from the consumer until the product is returned or the consumer provides proof of its return, depending on which occurs sooner.

8. The consumer or individual entering into the contract directly related to their business activity, where the contract indicates that it is not of a professional nature for them, exercising the right of withdrawal from the contract, must return the Product to the Seller’s address provided in these Terms and Conditions without delay, but no later than 14 days from the day they informed the Seller of the withdrawal from the Agreement. The deadline is met if the Customer returns the Product before the 14-day period expires.

9. In exercising the right of withdrawal from the contract, the Customer returns the Product to the Seller at their own cost and risk.

10. The consumer and the individual entering into the contract directly related to their business activity, where the contract indicates that it is not of a professional nature for them, are only liable for the reduction in the value of the Product resulting from using it in a manner other than what was necessary to establish the nature, characteristics, and functioning of the Product.

11. The product should be sent to the returns address: Bergamotki 2/68 02-765 Warsaw, Poland.

 

§ 7 Complaint – Liability under Warranty

1. The Sales Agreement covers new Products.

2. The Seller is liable to the Customer when the Product has physical or legal defects.

3. A Product is in conformity with the contract if:
   a. its description, type, quantity, quality, completeness, functionality, suitability for a particular purpose required by the consumer or individual entering into the contract directly related to their business activity, where the contract indicates that it is not of a professional nature for them, is in accordance with the agreement, provided the Seller has been informed of this specific purpose at the time of the contract conclusion and has accepted it,
   b. the product is suitable for the purposes for which products of this kind are usually used, taking into account applicable legal regulations, technical standards, or good practices,
   c. the product appears in the quantity and has such features, including durability and safety, typical for products of this kind, and which the consumer may reasonably expect, considering the nature of the product and any public assurance made by the entrepreneur, their legal predecessors, or persons acting on their behalf, especially in advertising or labeling, unless the entrepreneur proves that:

• they were unaware of the public assurance and, reasonably evaluating, could not have known about it,

• before the contract was concluded, the public assurance was corrected in accordance with the terms and form in which it was made or in a comparable manner,

• the public assurance did not influence the consumer’s decision to enter into the contract;
  d. the product was delivered with packaging, accessories, and instructions that the consumer may reasonably expect,
  e. the product is of the same quality as a sample or model made available by the entrepreneur to the consumer before the contract was concluded and corresponds to the description of such a sample or model.

The Seller is not liable for non-conformity with the contract in relation to the aspects mentioned in § 7, point 3, lit. a-e, if the Customer was clearly informed, at the latest at the time of contract conclusion, that a specific feature of the product deviates from the conformity requirements described in § 7, point 3, lit. a-e and explicitly and separately accepted the lack of the specific feature.

4. In particular, a minor difference in color or shade of the delivered Product compared to the one presented on the Seller’s website is not considered a defect. Differences may result from the various display settings and screen parameters of the devices used to view the Products, including different monitor color intensities.

5. The Seller is liable if the defect is identified within 2 years from the date of delivery of the Product to the Consumer or the individual entering into the contract directly related to their business activity, where the contract indicates that it is not of a professional nature for them.

6. For Customers who are not Consumers or individuals entering into a contract directly related to their business activity, where the contract indicates that it is of a professional nature for them, the parties exclude the Seller’s liability under warranty.

7. A claim for the replacement of a Product with a new one becomes time-barred after one year from the date the defect was discovered.

8. A complaint should be submitted in writing or electronically to the addresses provided in these Terms and Conditions. The complaint can be submitted using a form, the template of which is included as Appendix 2 to these Terms and Conditions.

9. It is recommended that the complaint contains, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer’s demand in relation to the defect of the Product.

10. In relation to the exercise of warranty rights by a Consumer or an individual entering into a contract directly related to their business activity, where the contract indicates that it is not of a professional nature for them, they have the right to request a replacement of the product.

11. The Seller will replace the Product within a reasonable time from the moment they are informed of the non-conformity of the Product with the contract. The Seller will bear the costs of replacement and the shipping costs.

12. The Consumer and the individual entering into a contract directly related to their business activity, where the contract indicates that it is not of a professional nature for them, may submit a statement requesting a price reduction or withdrawal from the contract if:
    a. the Seller has refused to replace the Product,
    b. the Product has already been replaced by the Seller with one free from defects, and the Seller has still not fulfilled the obligation to deliver a Product without defects,
    c. The Seller’s statement clearly indicates that they will not bring the Product into conformity with the contract within a reasonable time or without causing undue inconvenience to the Seller.

13. The reduced price must remain proportional to the price resulting from the contract, in which the value of the non-conforming Product remains in relation to the value of the Product in conformity with the contract.

14. The Seller will refund the amounts due to the Customer resulting from the effective exercise of the right to reduce the price within 14 days from the date of receiving the statement regarding the price reduction.

15. The Customer cannot withdraw from the contract if the defects of the Product are insignificant.

16. If the non-conformity with the contract concerns only some of the Products delivered under the contract, the Customer may withdraw from the contract only with respect to those Products and also with respect to other Products purchased together with the non-conforming Products, if it cannot be reasonably expected that the Customer would agree to keep only the Products in conformity with the contract.

17. In the event of withdrawal from the contract, the Customer must immediately return the Product to the Seller at the Seller’s expense.

18. The Seller will refund the price to the Customer’s bank account indicated in the complaint form within 14 days from the date of receiving the Product.

19. The Seller will respond to the Consumer’s or individual’s warranty request promptly, no later than 14 days from receiving the complaint. If the Seller does not respond within this period, the complaint will be considered justified.

20. A Buyer exercising their warranty rights is obliged to deliver the defective Product to the location specified in the contract, at the Seller’s expense.

21. Products returned as part of the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.

 

§ 8 Personal Data in the Online Store

1. The data administrator of the Customers' personal data collected through the Online Store is the Seller.

2. The personal data of Customers collected by the administrator via the Online Store are collected for the purpose of performing the Sales Agreement or managing the Account, and if the Customer agrees, also for marketing purposes.

3. The recipients of the Customers' personal data in the Online Store may include: entities providing IT services, network maintenance, and transport services.

4. In the case of a Customer who uses the courier delivery option in the Online Store, the Administrator shares the collected personal data of the Customer with the selected carrier or intermediary handling shipments on behalf of the Administrator.

5. In the case of a Customer who uses electronic payment methods or a payment card in the Online Store, the Administrator shares the collected personal data with the selected entity handling these payments in the Online Store, such as Przelewy24.pl, as well as the logistics operator DHL for the purpose of delivery.

6. The Customer has the right to access their data, correct, delete, restrict processing, transfer the data, object to its processing, and file a complaint with the President of the Office for Personal Data Protection.

7. Providing personal data is voluntary, but failing to provide the personal data required by the Terms and Conditions necessary for the conclusion of the Sales Agreement results in the inability to conclude the agreement.

8. In the case of subscribing to a newsletter and consenting to receive it during registration or order placement (consenting to receive commercial information electronically), only the email address to which commercial information will be sent is required. The User can unsubscribe from such information at any time by sending an email to: support@xplx.pl.
   More information about the processing of personal data by the Data Administrator is available in the Privacy Policy and Cookies of XPLX.

 

§ 9 Agreement for the Provision of Electronic Services

1. The Seller provides electronic services through the Online Store, enabling the submission of an Order via the Order Form.

2. The provision of electronic services is free of charge.

3. The agreement for the provision of electronic services is concluded for a fixed term and is terminated upon the submission of the Order or cancellation of its execution.

4. Technical requirements necessary for cooperation with the IT system: a computer with Internet access, access to email, a web browser: Internet Explorer version 7.0 or later with JavaScript and cookies enabled, Mozilla Firefox version 4.0 or later with JavaScript and cookies enabled, or Google Chrome version 8 or later. The recommended screen resolution is 1024×768 pixels.

5. It is prohibited to use the electronic services in a manner that unlawfully disrupts the operation of the Store by using specific software or devices, and submitting false orders as defined in these Terms and Conditions.

6. The Customer may file complaints related to the provision of the electronic service via the Online Store by sending an email or by post to the Seller’s address.

7. The Seller will consider the complaint immediately, no later than 30 days from the date of receiving the complaint.

8. The Seller will respond to the complaint via the email address provided by the service recipient or in another agreed manner, and will propose a solution to the issue if possible.

 

§ 10 Final Provisions

1. Agreements concluded through the Store are made in Polish or English, depending on the buyer's location.

2. The Seller reserves the right to amend these Terms and Conditions for important reasons, such as changes in the law, changes in payment methods, and delivery methods—where these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about any changes at least 7 days in advance.

3. In matters not regulated in these Terms and Conditions, generally applicable Polish law provisions will apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means; the Consumer Rights Act; the Personal Data Protection Act; the Copyright and Related Rights Act, as well as the provisions of Regulation (EC) No. 593/2008 of the European Parliament and Council of June 17, 2008, on the law applicable to contractual obligations (Rome I). The Consumer is also entitled to rights and claims against the Seller as provided by the law of the Consumer’s country of origin.

4. A Consumer from outside Poland benefits from the protection provided by the provisions of their country of origin and is protected by these provisions regardless of the choice of applicable law.

5. The Customer has the right to use alternative dispute resolution methods and seek claims. In this regard, they can file a complaint via the EU online platform for ODR (Online Dispute Resolution) available at: http://ec.europa.eu/consumers/odr/

6. Appendices form an integral part of these Terms and Conditions.

 

Appendix 1. Contract Withdrawal Form. (To be filled in only in case of intention to withdraw from the agreement with the Seller).
Appendix 2. Complaint Form. (To be filled in when submitting a complaint under the warranty).