In Twilight's Embrace

Regulamin w języku polskim: https://intwilightsembrace.com/regulamin/
1. General provisions
  1. These Rules and Regulations (hereinafter referred to as: Rules and Regulations), define the general terms and conditions and rules of sales through the online shop operating under the domain https://intwilightsembrace.com (hereinafter referred to as: Online Store) and specify the terms and conditions of providing – as part of sales conducted – services electronically.
  2. Notwithstanding other definitions introduced in the content of the Terms and Conditions, the terms used in the Terms and Conditions shall mean:
    1) Working days – weekdays from Monday to Friday, excluding public holidays;
    2) Registration Form – an interactive form available in the Online Store, through which the Customer has the possibility to create a Customer Account;
    3) Order Form – an interactive form available in the Online Store, through which the Customer places an Order;
    4) Customer – a natural person, legal person or organisational unit which is not a legal person but to which special regulations grant legal capacity, placing an Order at the Online Store, having a Customer Account at the Online Store or using other services offered by the Seller in connection with the functioning of the Online Store;
    5) Customer Account – an individualised panel assigned to the Customer in the Online Store, marked with an e-mail indicated by the Customer and secured with a password, enabling the fulfilment of Orders, storing information on placed Orders and editing the data provided by the Customer;
    6) Consumer – a Client who is a natural person, placing an Order at the On-line store, for purposes not directly connected with his/her economic or professional activity;
    7) Product – goods being a movable item, presented by the Seller via the On-line shop, which may be the subject of a Sales Agreement after fulfilment of the conditions specified in the Terms and Conditions;
    8)Seller –
    e-mail address: shop@intwilightsembrace.com,
    9) Sales Agreement – an agreement for the sale of a Product, concluded on the principles set out in these Terms and Conditions, between the Customer and the Seller;
    10) Order – a declaration of will of the Customer, submitted via the Online Shop Order Form, constituting an offer to conclude an Agreement for the Sale of a Product, presented by the Seller via the Online Shop.
2. The services provided by the Online Shop
  1. The Seller provides free services to the Customer within the framework of the Online Shop, which constitute services provided electronically within the meaning of the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws of 2016, item 1030, as amended) (hereinafter collectively referred to as: Services or individually as: Service), in particular:
    1)Thepossibility to read the content of
    a)The agreement for the provision of the service of reading the content of the Online Shop, is concluded for a fixed period of time and is terminated when the Customer closes the domain
    intwilightsembrace.com, under which the Online Shop operates.
    2)Customer’s Account.
    a) The agreement for the provision of the service of maintaining a Customer’s Account is concluded for an unspecified period of time and is terminated at the moment of the Customer’s request to remove the Customer’s Account The Customer may at any time request removal of the Customer’s Account by sending an appropriate statement to the Seller, in particular by e-mail to the Seller’s e-mail address indicated in § 1.2 para. 8 of the Terms and Conditions, or in writing to the Seller’s delivery address indicated in § 1 sec. 2 item.8 of the Terms and Conditions, which is tantamount to resignation from the use of a Customer Account and constitutes a termination of the agreement for the provision of the Service of maintaining a Customer Account.
    b) In order to create a Customer Account, the Customer should register with the Online Store. In order to do so, he should perform the following steps:
    In the domain of the Internet Shop, in the top right corner, select the “Register” tab;
    – After redirecting to the Registration Form, fill in the individual fields, providing his/her name, surname, e-mail address and password;
    – Check the box indicating the acceptance of the Rules and Regulations, which is tantamount to the Client reading them and accepting the provisions contained therein;
    – After completing the aforementioned actions, select the “Register” command, located at the bottom of the Registration Form
    After completing the above-mentioned registration activities, the Seller will send a message to the Customer at the e-mail address provided in the Registration Form in order to verify the e-mail address provided by
    – After receiving the above-mentioned message from the Seller, the Customer should open the link it contains, which will be tantamount to confirming the e-mail address provided by the Customer in the Registration Form
    c) After creating a Customer Account, the Customer has the possibility of logging into it by selecting the “Log in” tab in the top right corner of the Internet Shop domain.In order to log into a Customer Account, the Customer shall provide the e-mail address indicated during registration and a password.
    d) After creating a Customer Account, the Customer shall be able to edit and complete his/her data, shipping and invoicing data, such as: first name, surname, company name, telephone, street, house number, city, postal code, country
    3) Order Form.
    a) The contract for the provision of the service of using the Order Form is of a one-time nature and is concluded for a fixed periodterminates at the moment of placing an Order or ceasing to place an Order.
    b) The method of using the Order Form and placing an Order is described in detail in § 4 of the Terms and
3. Terms and conditions of use of the online shop
  1. The Seller shall use its best endeavours to ensure a fully comfortable and safe use of the Services by the Customer, including placing an Order at the Online Shop. The Seller ensures operation of the IT system it uses, which enables the Client to use the Online Store in a manner that prevents access (including acquisition and modification) by unauthorised persons to the content of the message constituting the Service provided, in particular by using technical means in the form of cryptographic techniques appropriate for the properties of the service provided and ensuring unambiguous identification of the parties to the Service provided electronically. Nevertheless, the Seller declares that the use of Services provided electronically, referred to in the Terms and Conditions, may be associated with typical, commonly known risks related to the use of IT equipment and the Internet network. Therefore, the Seller recommends that the Customer apply measures to increase security and minimise the possibility of such risks.
  2. The Seller declares that in order to cooperate with the information and communication system it uses in order to be able to use the Services offered by it as part of the functioning of the Internet Shop, including Order placement, it is necessary for the Client’s hardware and software to fulfil the following technical conditions:
    1) Computer, laptop or other multimedia device with access to the Internet;
    2) Any Internet browser updated to the latest versions, without add-ons that change the operation ofChrome, FireFox, Internet Explorer
    3) JavaScript and Cookies technology;
    4) Active access to the Internet (Internet connection)
    5) In order to use the Customer Account Service, to place an Order via the Order Form and the Newsletter service, it is necessary for the Customer to have an active e-mail account.
  3. The Seller declares, and the Customer acknowledges, that the Customer is prohibited from providing, within the framework of using the Services available at the Online Store, any unlawful content, in particular content that violates personal rights of third parties, is false, vulgar, contrary to good manners, violates the rules of social coexistence, is misleading or may expose the Seller or third parties to damage.
  4. The Customer is entitled to lodge a complaint regarding the Services provided by the Seller and the functioning of the On-line shop (excluding complaints regarding warranty of the purchased Product, which is described in §7 of the Terms and Conditions).
    1) The complaint referred to above may be submitted by the Customer in any form, however, in order to facilitate the complaint procedure, it is recommended to submit the complaint in an electronic form to the e-mail address of the Seller specified in § 1 item 2 point 8 of the Terms and Conditions or in writing to the Seller’s delivery address indicated in § 1, sec. 2, item. 8 of the Terms and Conditions.
    2) The Customer should include in the complaint a description of the problem in connection with which they are making a complaint
    3) The Seller shall consider the complaint submitted by the Customer without undue delay, however no later than within 30 days and shall inform the Customer on the manner of its consideration via e-mail or in writing to the address indicated by the Customer, depending on the form of complaint, unless the Customer stipulated the form in which the Seller should respond to the complaint.
4. Procurement
  1. information contained in the domain
    intwilightsembrace.com, under which the Online Shop operates, including the Products presented by the Seller, does not constitute an offer by the Seller within the meaning of the Civil Code Act of 23 April 1964 (i.e. Journal of Laws of 2017, item 459) (hereinafter: the Civil Code), but only an invitation to the Customers to submit offers to conclude an agreement for the sale of a Product
  2. The Customer may place Orders on the Online Shop 7 days a week, 24 hours a day.
  3. The prices in the Online Shop, shown next to the Product, are gross prices and do not include the costs of delivering the Product to the Customer.
  4. The Customer will be informed of the total price of the ordered Product, including the delivery charge, after indicating in the Order Form the country of the order, the postal code of the town to which the Product is to be delivered and the method of delivery and payment (step described in § 4.5.5 of the Terms and Conditions). The amount to be paid, which will be displayed after these steps, includes all costs which the Customer will be obliged to incur in connection with the conclusion of the sales agreement of the ordered Product.
  5. In order to place an Order, the Customer should perform the following actions in the domain of the Online Shop:
    1) Select the size, colour, as well as other elements defining the Product he/she is interested in, if it is possible to select them, and then select the “To Cart” command;
    2) In the upper right corner,”Cart” tab;
    3) After being redirected to the cart, a summary of the Products added to the cart, their quantity and the prices of the Products will be displayed, after which the “Order” command should be selected;
    4) You can continue with the Order by logging into your “Customer Account” or you can continue as a “guest” by clicking on “Log in” or “Continue as a guest”;
    5) Once you are redirected to the Order Form, you will need to fill in fields such as: delivery country, postal code, email address if continuing as a “guest”, delivery method and payment method, after which the total price to be paid, including the price of the Product and the delivery cost, will be displayed. From this point on, for all further actions described below, the Customer has a preview of the total price to be paid.Then select “Continue”;
    6) Fill in the remaining fields of the Order Form, such as: first name, surname, telephone, street, house number and city, and if the Customer wishes to receive a VAT invoice, provide the company details necessary to issue such an invoice, such as company name, Tax Identification Number, street, house number and city;
    7) Check the box indicating the acceptance of the Terms and Conditions, which is tantamount to the Customer reading them and agreeing to the provisions contained therein;
    8 After completing the above steps, select the “Buy and pay” command to place the Order;
  6. After placing an Order, the Seller will provide the Customer, at the e-mail address indicated by the Customer, with confirmation of acceptance of the Order for execution, which constitutes acceptance of the offer made by the Customer. Upon receipt by the Customer of the confirmation of acceptance of the Order for execution, the contract of sale (hereinafter: the Contract of Sale) is concluded between the Seller and the Customer.
  7. The Seller shall provide the Customer with a confirmation of the conclusion of the Sales Agreement together with its terms and conditions to the e-mail address indicated by the Customer.
  • 5 Payment
  1. The Seller offers the Client the following methods of payment for the concluded Sales Contract:
    1) Payment by bank transfer to the Seller’s bank account, under the number: In the title of the transfer, the Customer should indicate the number of the Order, provided by the Seller in the e-mail confirming the acceptance of the Order for execution.
  2. Payment in cash on delivery, however, this method is only available for shipping the purchased Product within the Republic of Poland, and for personal collection of the parcel.
  3. If the payment methods referred to in § 5.1 item. 1 of the Terms and Conditions, the Client is obliged to make payment within 7 days from the date of receipt of the Seller’s confirmation of acceptance of the Order for execution.
  4. If the Customer fails to make the payment within the timeframe referred to in § 5.3 of the Terms and Conditions, the Seller shall set an additional deadline for the Customer to make the payment by sending the information to the e-mail address provided by the Customer, with a warning that if the additional deadline expires without effect, the Customer will be entitled to withdraw from the Sales Agreement. If the payment is not made within the additional period set by the Seller, the Seller will send a statement of withdrawal from the Sales Agreement to the Customer at the e-mail address indicated by the Customer, which will be tantamount to cancellation of the Order.
6. Delivery
  1. The Seller shall deliver the Product which is the subject of the Sales Contract without defects.
  2. The Seller shall deliver the Product to the address indicated by the Customer on the Order Form and, in the case of an Order placed via a Customer Account, to the shipping address indicated by the Customer, if different from the Customer’s address.
  3. The Seller shall carry out delivery in the territory of the Republic of Poland and in the territory of the European Union.
  4. The time limit for delivery of the purchased Product to the Customer in Poland is from 1 to 3 Working Days, unless a longer delivery period is indicated in the Online Shop next to the purchased Product. The delivery period indicated in the Online Shop includes Working Days.
  5. The start of the delivery period begins as follows:
    1) If the Customer chooses the method of payment by bank transfer to the Seller’s bank account – from the day on which the payment for the concluded Sales Agreement is credited to the Seller’s bank account;
    2) If the Customer chooses payment on delivery – from the day on which the confirmation of acceptance of the Order for execution is sent to the Customer’s e-mail address indicated by the Customer.
7. Warranty
  1. The Seller shall deliver the Product which is the subject of the Sales Contract without defects.
  2.  The Seller shall be liable to the Customer if the Product purchased by the Customer has a physical or legal defect, based on the warranty, according to the principles regulated in Articles 556 – 576 of the Civil Code.
  3. The Seller shall be liable under warranty for physical defects which existed at the time when the danger passed to the Customer or which arose from a cause inherent in the Product sold at the same time.
  4. In the event of a defect justifying the Seller’s liability on the basis of the warranty, the Customer has the possibility to make a complaint to the Seller.
  5. The Customer may submit a complaint in any form, however, in order to facilitate the complaint procedure, it is recommended to submit a complaint via e-mail to the e-mail address of the Seller indicated in § 1.2 item. 8 of the Terms and Conditions or in writing to the delivery address of the Seller indicated in § 1 section 2 point. 8 of the Terms and Conditions.
  6. The Customer making the complaint is obliged to deliver the Product affected by the defect at the Seller’s expense, to the delivery address indicated in § 1.2 item. 8 of the Terms and Conditions.
  7. The Seller shall respond to the complaint within 14 days and inform the Customer on the manner of its consideration, via e-mail or in writing to the address indicated by the Customer, depending on the form of complaint, unless the Customer has reserved the form in which the Seller should respond to the complaint.
8. Out-of-court redress
  1. The Customer has the possibility to use out-of-court procedures for resolving complaints and pursuing claims. In order to obtain detailed information on the rules of access to these procedures, the Customer may, inter alia, contact the County (Municipal) Consumer Ombudsman, the Provincial Inspectorate of Commercial Inspection, consumer organisations such as the Federation of Consumers or the Association of Polish Consumers, as well as consult the information available on the website of the Office of Competition and Consumer Protection under the following web domain: https://uokik.gov.pl/spory_konsumenckie.php.
  2.  The seller informs that at http://ec.europa.eu/consumers/…dostępna there is an EU-level, online platform for the resolution of disputes between consumers and traders (ODR platform).
  3. The Seller simultaneously declares that it does not make use of the out-of-court resolution of consumer disputes referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws 2016, item 1823).
9. exchange
  1. Irrespective of the withdrawal procedure indicated in § 10 of the Terms and Conditions, the Customer has the option to exchange the purchased Product (hereinafter: Product Exchange).
  2. A Product may be exchanged for the same Product or any other Product provided that it is available in the Online Shop and the exchanged Product does not show signs of use
  3. In order to make use of the Product Exchange, the Customer should notify the Seller of his/her wish to exchange the Product by contacting the Seller via the e-mail address indicated in § 1.2 item. 8 of the Terms and Conditions. To the message sent to the Seller via e-mail, the Customer should attach an exchange form, constituting Attachment No. 2 to the Terms and Conditions, and indicate, among other things, the Order number, the date of delivery of the Product to be exchanged and the Product to which the exchange is to be made.
  4. The Customer should make a declaration of the desire to exchange the Product within 14 days of delivery of the Product to the Customer.
  5. The Seller, upon receipt of the e-mail message referred to in § 9.3 of the Terms and Conditions, shall inform the Customer by e-mail whether the Product he is interested in – for which the exchange would be made – is available.
  6. After receiving an e-mail from the Seller confirming the availability of the Product to be exchanged for, the Customer should send back the Product to be exchanged immediately, but no later than within 14 days, to the Seller’s delivery address as indicated in § 1.2 item. 8 of the Terms and Conditions.
  7. After the Product to be replaced has been delivered to the Seller, the Seller shall immediately, but not later than within 14 days, deliver to the Customer the Product into which the replacement will be made. The Seller may withhold the delivery of the Product to the Customer until the Customer has paid the price difference referred to in § 9 item 8 of the Terms and Conditions, if the Product to be replaced is more expensive than the Product to be replaced.
  8. Any difference in price between the Product to be exchanged and the Product to be exchanged gives rise to an obligation on the part of the Seller to refund the difference in price to the Customer – in the event that the Product to be exchanged is cheaper, or on the part of the Customer to pay the difference in price to the Seller – in the event that the Product to be exchanged is more expensive than the Product to be exchanged.
  9. The Seller is obliged to reimburse the Customer the price difference referred to in § 9.8 of the Terms and Conditions within 7 days from the date of delivery of the Product to be exchanged. The price difference will be refunded by bank transfer to the bank account indicated by the Customer in the exchange form.
  10. The Customer is obliged to pay the Seller the price difference, if any, referred to in § 9.8 of the Terms and Conditions, within 7 days from the date of receipt of the Seller’s confirmation of the availability of the Product for which the Customer is interested, for which the replacement will be made. The additional payment of the price difference should be made by bank transfer to the Seller’s bank account specified in § 5 section 1 item. 1 of the Terms and Conditions.
  11.  The costs of delivery to the Customer of the Product for which the exchange will be made shall be borne by the Buyer.

Address for dispatch:
Cyprian Łakomy

Kanałowa 9/6

60-709 Poznań

10. Withdrawal
  1. A Customer who is a Consumer may withdraw from a concluded Contract of Sale and Contract for the Provision of Services within 14 days, without stating a reason and without incurring costs, except for the costs specified in § 10.12 of the Terms and Conditions (hereinafter: withdrawal from the Contract).
  2. The Consumer is not entitled to the Right of Withdrawal in respect of contracts indicated in Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827 as amended).Thus, for example, the Consumer will not be entitled to Withdraw from the contract in the situation
    a) where the Product purchased by the Consumer is non-refabricated, will be manufactured to the Consumer’s specifications or will serve to satisfy the Consumer’s individualised needs.
    b) where the object of the performance is a non-refabricated item, produced to the Consumer’s specification or intended to meet his/her individual needs;
    c) where the object of the performance is an item that is perishable or has a short shelf life;
    d) in which the subject of the performance is an item supplied in a sealed package which cannot be returned after opening the package due to health protection or hygienic reasons, if the package has been opened after delivery;
    e) in which the subject of the performance is an item which after delivery, due to its nature, is inseparably connected with other items and which bears the signs of use, e.g. T-shirts, sweatshirts, caps
  3. The period for withdrawal shall commence, in the case of a Sales Contract, from the date on which the Product was delivered to the Customer or on the date of personal collection, and in the case of a Service Contract, from the date of its conclusion.
  4. The consumer may withdraw from the contract by submitting a withdrawal declaration to the Seller.
  5. The declaration of withdrawal may be submitted in writing to the Seller’s delivery address indicated in §1 section 2 item. 8 of the Terms and Conditions. The Customer also has the option of submitting his/her statement of withdrawal in electronic form, to the Seller’s e-mail address indicated in §1.2.8 of the Terms and Conditions. 8 of the Terms and Conditions.
  6. The Seller is obliged to reimburse all payments made by the Consumer, including the costs of delivery of the Product to the Consumer, immediately, but no later than within 14 days of receipt of the Consumer’s statement of withdrawal from the contract.
  7. If the Consumer has chosen a method of delivery of the Product other than the cheapest ordinary means of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by the Consumer.
  8. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer. The reimbursement shall not include the costs of shipping incurred by the Seller.
  9. The Seller may withhold reimbursement of the payment received from the Consumer until it has received the Product back or the Consumer has provided proof of return, whichever event occurs first.
  10. The seller is obliged to return the payment once it has been established that the returned product bears no signs of use
  11. The Consumer is obliged to return the Product to the Seller immediately, but no later than within 14 days from the date of withdrawal. To meet the deadline it is sufficient to return the Product before its expiry.
  12. The Consumer shall bear the direct costs of returning the Product to the Seller.
  13. The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to establish the nature, characteristics and functionality of the Product.
  1. The administrator of the personal data collected in the course of providing the Services and in connection with placing an Order and concluding a Sales Contract is the Seller.
  2. The processing of personal data will include the scope of data covered by the Registration Form, as indicated in § 2.1 para. 2 subp. b. of the Terms and Conditions, the extent of data which may be edited and completed following the creation of a Customer Account, as indicated in § 2, para. 2, item d. of the Terms and Conditions as well as the scope of data covered by the Order Form, as indicated in § 4 para. 5 item. 5 and 6 of the Terms and Conditions.
  3. Personal data collected during the course of the provision of the Services and in connection with the Order and the concluded Sales Contract shall be processed solely for the purpose of their execution, in particular for the purpose of delivering the Product to the Customer and making the settlement.
  4. The provision of personal data by the Customer indicated in the Registration Form and the Order Form is voluntary, however it is a necessary condition for the creation of a Customer Account as well as for the placement of an Order and the performance of the Sales Agreement.
  5. The Customer, in the cases and to the extent provided for by generally applicable laws, has the right to request from the Seller access to his/her personal data, their rectification, deletion or restriction of processing, to object to processing, as well as the right to data portability. The realisation of these rights takes place through the Seller, directly by logging into the Customer’s Account, as well as by contacting the Seller in any way he chooses, using his data specified in § 1 para. 2 pt. 8 of the Terms and Conditions.
  6. The customer has the right to lodge a complaint with the President of the Data Protection Authority.
  7. The customer has the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
  8. By registering a Customer Account in the Online Shop and also by placing an Order, the Customer may consent to the processing of his/her personal data by the Seller for marketing purposes. This consent is voluntary and may be revoked at any time.
  9. Notwithstanding the consent referred to in § 11(8) of the Terms and Conditions, the Customer may consent to the Seller sending commercial information by electronic means in accordance with Article 10 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2016, item 1030 as amended).
  10. The Seller ensures the security of the Customer’s personal data processed by the Seller, including by providing technical measures to prevent unauthorised persons from obtaining and modifying personal data sent electronically. In particular, the Seller ensures that forms used in the Online Shop are secured by SSL protocol and stored on the server.
  11. Details of the protection of the customer’s personal data are set out in the Privacy Policy
  • 12 Final provisions
  1. The Terms and Conditions are available to Customers at the domain
    intwilightsembrace.com, under which the Online Shop operates, in a manner enabling them to read, acquire, reproduce and record their content, as well as at the Seller’s place of business indicated in § 2 section 1 item 8 of the Terms and Conditions. In addition, if a Sales Agreement is concluded, the Terms and Conditions shall be communicated to the Customer at the e-mail address indicated by the Customer in a manner enabling its reproduction.
  2. The Terms and Conditions shall become binding on the Customer as soon as the Customer has accepted them in the manner set out in § 2 section 1 item 2 subsection b. or § 4 para. 5 pt. 7 of the Regulations.
  3. The Seller shall be entitled to amend the Terms and Conditions. Amendments to the Terms and Conditions shall come into effect within 7 days of their publication in the Online Shop. The Seller shall inform the Customer about the change to the Terms and Conditions 7 days before its effective date via the e-mail address indicated by the Customer, at the same time providing the new text of the Terms and Conditions. If the Customer does not accept the new content of the Terms and Conditions, he/she should inform the Seller, which will result in termination of the concluded contract for provision of Services. To Sales Agreements concluded before the effective date of the new Terms and Conditions, the provisions of the previously effective Terms and Conditions shall apply.
  4. The regulations shall enter into force on 13 November 2023.