Terms and Conditions
Shop owner and location of operations
- The shop santacostumecenter.com, referred to from hereon as 'The Shop', is operated by Santas, Saints and Co. sp. z o.o., registered in the Register of Entrepreneurs of the National Court Register (in Poland) under number 0000674981, registered address: ul. Kwadratowa 7/14, 05-509 Jozefoslaw, Poland, VAT number PL1231350309.
- The Shop does not sell goods at the address given in point 1.
- All prices, unless otherwise stated, are given inclusive of VAT. The currency in which prices are given depends on the setting selected by the customer. Information regarding the selected currency is shown on the page, including next to all prices shown.
- The Shop reserves the right to change the prices for the goods on offer at any moment (the change in prices comes into effect at the moment when the new prices are published on The Shop’s web site), to add new goods to The Shop’s selection, to withdraw goods from sale, to conduct and cancel promotions on The Shop’s site, or to make changes in the said promotions. Price changes do not apply to orders placed before publication of the changes.
Placing and processing of orders
- Orders can be placed via the site santacostumecenter.com, online marketplaces, via e-mail or telephone.
- An order placed online involves the following steps: placing the selected items in the basket (click on 'Add to basket'), checking the basket ('To checkout / Check basket'), and then either registering or selecting purchase without registration, followed by the option of providing a delivery address other than the address given when registering, choice of method of delivery, and payment. The placing of an order may also begin with registration. Customers who have already registered earlier log in to The Shop instead of registering.
- From the moment when the customer goes to the basket (following registration, login, or choosing to buy without registering) to the screen for choice of method of dispatch, the entire contents of the basket are displayed, and the customer may remove goods or change the number of pieces (this second option is only available to the screen in which the customer can provide delivery details). The customer may also return to the main page in order to add additional products to the basket. From the screen allowing customers to provide delivery details to that for choice of method of delivery, the customer’s registration and delivery details are displayed and may be amended. All the data mentioned above may also be amended up until the moment of confirming the method of payment by returning to one of the previous screens. The content of an order is also accessible on The Shop’s site in the section Your Account --> Order History.
- An order is accepted for processing at the moment when The Shop receives payment or, upon permission given by The Shop, upon confirmation of payment having been made.
- Before accepting non-standard orders, The Shop may require written confirmation of the order from the customer. This applies in particular to orders for goods produced according to the customer’s specifications and orders payable (at least partially) after delivery. Should a written confirmation be required for an order the customer will be informed of this fact.
- Customers are informed by e-mail of their orders being accepted (apart from customers who placed their orders by telephone and did not provide an e-mail address).
- An order placed by a customer as one paid in advance will be cancelled by The Shop 10 working days after being placed if the full value of the order has not been paid into The Shop’s account (its bank account or the payment system The Shop uses) by this time (this does not apply to orders to be paid in instalments).
- In justified cases The Shop may refuse to process an order which has already been accepted for processing. This may occur in particular in the case of an order being placed by a customer who previously did not collect an order or returned goods, as well as in other situations. The customer will be informed about the refusal to process the order before the time by which the goods should be dispatched. In such a case the order may be accepted for processing on special terms following their acceptance by the customer. If the customer does not accept the special terms as presented, The Shop will reimburse the customer’s advance payment (if made) within 14 days and in the manner described in point 16.
- If the order information provided by the customer is incomplete or faulty in some other manner, the time for processing the order is prolonged by the time required for completing this information. If all the required information is not provided within 10 days from the date when it was requested from the customer, the order will be cancelled by The Shop.
- The order will be processed on the condition that the goods ordered are in stock. Normally, a customer placing an order via The Shop’s web site or online marketplaces will not be able to order a product not in stock. However, should the goods ordered (either a whole order or part of it) not be available, or should there be other obstacles to processing the order, then following information provided by The Shop the customer decides how to proceed with the order: partial processing, with missing items dispatched later if possible (this would entail additional payment for the second delivery), dispatch without later delivery of missing items, longer waiting time for preparation of the order for dispatch (completion of the order), or cancellation of the entire order. In the case of the order being cancelled or only the available items being dispatched and no later dispatch of the remaining items ordered, then where payment has already been made The Shop will return the appropriate amount of money within 14 days, in the manner described in point 16. The customer will be informed about difficulties in processing the order before the original dispatch date for the order, unless this is rendered impossible by events beyond The Shop’s control.
- The customer may alter or cancel their order up to the moment of dispatch (usually until just before receiving an e-mail informing about the order’s status being changed to Dispatched) by e-mail sent to: email@example.com. In certain cases an alteration to an order may result in a change in the moment the order is accepted for processing such that the new moment of the order’s acceptance for processing is the moment at which the customer altered the order. The option of modifying an order does not apply to written orders confirmed by the customer’s signature.
- If pursuant to these regulations or the law the customer is entitled to a reimbursement of a payment, the said reimbursement shall be made by the same means as the payment was made, or by the means defined by the customer, and if this is not possible The Shop will ask the customer to choose a different manner of reimbursement.
Proof of purchase
- An invoice is issued for all orders.
- Should business customers wish, a pro-forma invoice is issued following the placing of an order (issued automatically after selecting the appropriate option during the order placing process).
- At the moment of delivery of the order the buyer receives by e-mail the Shop regulations together with a description of the order, the prices of items ordered, and the cost of the delivery.
Forms of payment
- A separate document defines the forms of payment accepted by The Shop (the document "Payments").
- The cost of delivery is calculated individually for each order automatically while being placed.
- Order processing time is 1 working day (counting from the day on which the order is accepted for processing – see point 8) plus delivery time, which depends on method of dispatch and the country the order is to be sent to (see "Dispatch").
- The delivery of an order to the given address is only possible in the working hours of the company making the delivery. The deliverer is not obliged to deliver at times of day indicated by the customer.
- In all cases the condition of the received package should be checked upon receipt in the presence of the employee of the company delivering the goods. Should any damage to the packaging caused during transport be noted (e.g. company tape torn off or damage to the cardboard box) resulting in a damage to the contents of the package, a damage report should be obtained. A claim regarding damage caused in transport not confirmed by a damage report will not be considered unless the company delivering the goods can accept a claim without such a document being presented.
- If an order is dispatched to the address given by the customer and within the time defined in these regulations (including in prolonged time as mentioned in point 14 of the regulations, but on the condition that the customer expressed consent for this; this condition also applies in the case of events beyond The Shop’s control rendering it impossible to obtain the customer’s agreement, or within the time given in point 13), then in the case of it not being collected by the customer despite the company delivering the goods making the standard number of attempts to deliver, or in the case of expiry of the deadline after which the shipment is returned to the sender, the customer decides what should happen next with the said order: they can choose from the order being sent once again (for which the customer has to pay once again for the delivery, together with the costs of returning the goods to The Shop in the event of The Shop incurring such a cost), or reimbursement of the price of purchase less the cost of product dispatch, the cost of returning the goods to The Shop (in the event of The Shop incurring such a cost), and the cost of returning the remaining amount to the customer. In the second case the money will be sent within 14 days, in the manner described in point 16. The rules given in this point do not violate the customer’s right to withdraw from the contract of sale as mentioned in point 27 and subsequent points.
- Detailed rules regarding the dispatch of goods are defined by a separate document (see "Dispatch").
Withdrawal from contract
- The consumer, i.e. an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession, has the right to cancel their contract with the Shop without giving any reason, within 14 days of the day of successful delivery of the order (or delivery of the final goods if the order was sent in batches). To meet the cancellation deadline, it is sufficient for the buyer to give notice of their cancellation before the said cancellation period has expired. The goods offered by The Shop are not excluded from the right to return unless the buyer ordered custom-made items (normally such goods are not presented on the Shop’s website).
- In order to exercise the right to cancel, the buyer must inform the Shop of their decision by a clear statement to this effect, in any form (e.g. a letter sent by post to the following address: Santas, Saints and Co. sp. z o.o., ul. Kwadratowa 7/14, 05-509 Jozefoslaw, Poland; by e-mail sent to firstname.lastname@example.org or by phone via the number: 020-380-83338). The buyer may use the cancellation form available here, but its usage is not obligatory.
- The goods should be sent to the address given in point 28 no later than 14 days from the day on which the buyer gave notice of their contract cancellation to the Shop. The deadline is met if the buyer sends back the goods before the period of 14 days has expired. The buyer will have to bear the direct cost of returning the goods. The Shop does not accept any cash-on-delivery dispatches.
- If the buyer cancels their contract, the Shop will reimburse all payments received from the buyer, including the costs of delivery (except for the supplementary costs arising if the buyer chose a type of delivery other than the least expensive type of standard delivery offered by the Shop). If the customer only returns some of the items ordered within a specific order, The Shop will only reimburse the amount by which the delivery cost would be lower if the customer had originally only ordered those items not returned. The Shop may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of handling by the buyer which is not necessary to establish the nature, characteristics and functioning of the goods.
- The Shop will make the reimbursement no later than 14 days after the day on which the goods returned are received by the Shop or – if earlier – 14 days after the day on which the Shop receives evidence that the buyer has sent the goods. The reimbursement will be made in the manner described in point 16.
- In cases in which the conclusion of a sales contract with The Shop entailed the conclusion of a credit contract for financing the purchase initiated during the order-placing process, the customer’s withdrawal from contract of sale on the terms defined in point 27 and subsequent points also applies to the credit contract.
Claims on goods not conforming to contract
- The Shop is obliged to deliver fault-free goods to the customer, i.e. in keeping with the contract.
- If the goods are faulty, i.e. do not conform to the contract, the consumer (for the definition of consumer see point 27) – within 6 years of purchase (5 years in Scotland) – has the right to:
(a) reject the goods:
– within 30 days beginning with the first day after the goods are delivered; however, if the consumer requests or agrees to the repair or replacement of goods, this period stops running for the time between the day the consumer requested or agreed to the repair or replacement and the day the consumer receives the goods, but no earlier than 7 days after the consumer receives the goods after repair or replacement, if the goods are still faulty,
– after 30 days, but only if after a repair or a replacement the goods are faulty or neither repair or replacement are possible or the consumer requires the Shop to repair or replace the goods, but the Shop does not manage to do so within a reasonable time and without significant inconvenience to the consumer.
A consumer who rejects goods is entitled to a refund. If the consumer exercises the right to reject after 6 months after the goods have been delivered, any refund to the consumer may be reduced by a deduction for use, to take account of the use the consumer has had of the goods in the period since they were delivered, excluding any period when the consumer had the goods only because the trader failed to collect them at an agreed time.
(b) request the Shop to repair the goods, in which case the Shop must do so within a reasonable time, without significant inconvenience to the consumer and at its own expense, provided that it is possible and is not disproportionate in cost compared to the replacement; a consumer who requests repair cannot require the Shop to replace the goods or reject them without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).
(c) request the Shop to replace the goods, in which case the Shop must do so within a reasonable time, without significant inconvenience to the consumer and at its own expense, provided that it is possible and is not disproportionate in cost compared to the repair; a consumer who requests the replacement cannot require the Shop to repair the goods or reject them without giving the trader a reasonable time to replace them (unless giving the trader that time would cause significant inconvenience to the consumer).
(d) request the Shop to reduce the price, but only if after a repair or a replacement the goods are faulty or neither repair or replacement are possible or the consumer requires the Shop to repair or replace the goods but the Shop does not manage to do so within a reasonable time and without significant inconvenience to the consumer; a consumer who exercises the right to a price reduction cannot exercise their right to reject the goods.
- The Shop is also responsible for nonconformity with the contract if it does not perform its obligations in the part regarding the dispatch of goods (e.g. the goods are sent to an address other than that provided by the customer, a method of delivery other than that chosen by the customer is used, the goods are dispatched later than the customer was assured, or – in the case of dispatches with guaranteed time of delivery – the first attempt to deliver the consignment takes place later than the delivery time declared by The Shop), as long as this nonconformity with the contract is not the result of a force majeure (understood as such occurrences as: exceptionally unfavourable weather; strikes; transport catastrophes; traffic restrictions; hacker attacks; system failures in data centres; and similar). In such a case the customer has the right to warranty on the principles defined in point 34, which shall apply accordingly.
- If the customer intends to exercise their rights defined in point 34, he or she is obliged to inform The Shop of this fact in any manner, e.g. by post in writing, by e-mail to the address email@example.com, by telephone, or in some other understandable form.
- Goods that do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken as not having conformed to it on that day, unless it is established that the goods did conform to the contract on that day. If the consumer intends to exercise their rights stipulated in point 34 after six months from the delivery day have passed they may be asked to prove that the non-conformity existed on the delivery day.
- If carrying out the customer’s demand accepted by The Shop requires that the goods be returned to The Shop, The Shop collects the said goods from the customer using a carrier; the consignment is paid for by The Shop, while the customer is obliged to provide the packed goods to this carrier at the time agree upon by the parties. The customer may also, by mutual agreement, send the goods by him/herself to The Shop. The cost incurred in such a case will be reimbursed by The Shop, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them. However, if The Shop considers it necessary to inspect the goods in The Shop’s premises in order to investigate the legitimacy of the customer’s demand, the customer returns the goods to The Shop at the customer’s cost, which will be reimbursed in the event of the customer’s demand being acknowledged as legitimate. The Shop does not accept any consignments sent for payment on delivery.
- If the examination of a customer’s complaint results in the necessity of reimbursing the customer’s payment, the said payment shall be returned within 14 days of the customer’s complaint being accepted, in the manner described in point 16.
- If The Shop accepts the customer’s rejection of the goods, The Shop also reimburses the customer for the cost of delivery, calculated as the difference between the cost of delivery paid by the customer and the cost the customer would incur for the delivery if his or her order had not contained the goods that the customer rejected.
- Because of the technical impossibility of perfectly showing colours on a computer screen, and the differences occurring between specific batches of fabrics used for producing the costumes, The Shop will not accept claims about differences in shade between the photographs presented on The Shop’s web site and the actual goods.
- Claims regarding payments made via external services (i.e. PayPal, Elavon) are processed directly by this service’s operator, which is the body responsible for their correct functioning. The Shop has no possibility of intermediating in placing such claims. Contact details to this operator are available at the respective operators’ websites.
- Pursuant to The Shop’s voluntary declaration, the customer has the right to the charge-free exchange of unused goods for the same goods of a different size as long as it is available in stock at that time. In such a case the customer returns the goods for exchange to the Shop at his or her own cost and risk, and The Shop sends to the customer – at its own cost and risk – the same product in the size chosen by the customer.
- Pursuant to The Shop’s voluntary declaration, the provisions of the Consumer Rights Act of 2015 which apply by law to consumers only will also apply to customers who are not consumers as long as they are more favourable for them, and as long as they are reflected in points 33 to 36 and 38 to 40 of these regulations, with the difference that The Shop’s responsibility for goods not conforming to the contract is limited to 6 months.
Protection of personal data and policy on using cookies
- We inform that the administrator of the personal data of The Shop’s customers and those who signed up for the electronic newsletter is the person given in point 1 of these regulations. The file of the data mentioned above is registered with the General Inspector of Personal Data Protection in Poland under number 129045.
- The personal data of customers is processed with the single purpose of executing orders placed by the customers and for the carrying out of periodical customer satisfaction surveys, the findings of which will be examined with no connection to personal data (anonymization) and in a form making access to answers given by individual persons impossible (aggregation), in keeping with the ICC/ESOMAR International Code on Market and Social Research.
- The provision of data is voluntary, but essential for the processing of orders.
- A person whose data is held has the right of access to their own data and to amend it.
- Advertising may only be sent by e-mail to those customers who expressed their agreement for such during the registration process, and to those who signed up for subscription to the electronic newsletter. A person who agreed for the receipt of marketing information or the newsletter may withdraw thier agreement at any time, either in writing or via e-mail.
- The personal data processed by The Shop will not be made available to other bodies unless essential for the purposes specified in points 46 and 49. As such it is acceptable for the personal data to be provided to such parties as: companies dispatching for The Shop, doing The Shop’s accounting, handling payments for The Shop, providing systems for conducting online surveys or market research or for e-mail marketing campaigns (only in the case of customers who agreed to the activities listed in point 46) or communication by mobile text (if this is advertising, it may only be sent to those who expressed their agreement for the activities mentioned in point 46). In each of these cases the data will be made available on a one-off basis and will only be for the execution of services commissioned by the Shop, while the party given the data will not have the right to use this data for other purposes.
- We inform that the web site of The Shop saves cookie files on the end device on which the said web site is displayed. These files are saved in the user’s device and are read by The Shop’s web site during subsequent visit. The purpose of this is to obtain reliable statistics regarding traffic on the site and to save the user’s sessions and settings. The user is able to define the conditions for the storage of cookie files and the web site’s access to them via the user’s browser settings or can remove these files if allowed by the web browser.
- In the case of customers paying via online applications provided by external operators (e.g. PayPal or with credit card via the gateway provided by Elavon), payment data such as credit card details and bank account number given during the payment stage is sent directly to the site handling the payment or its technology partner, depending on the form of payment chosen by the customer, and is protected by the payment handler. The Shop does not receive the data listed above, which guarantees transaction security for the buyer.
- The registration, login, basket and your account pages are protected with encrypted communication (the SSL protocol).
These regulations are in force from 15 March 2017.