Terms and Conditions

1. General
2. Order process, contract
3. Cancellation
4. Payments
5. Delivery
6. Withdrawal, return and complaints
7. Guarantee
8. Copyright and liability
9. Privacy & data protection
10. Miscellaneous

1. General

1.1. This webstore is the property of the company Dejavu Fashion Sp. z o.o., ul. Solariego 4,02-070 Warszawa, NIP: PL7010311337, REGON 143967004, KRS 0000393787 (hereinafter referred to as: the “Store”).
1.2. The Store offers products for sale and concludes sale contracts of those products via the Internet, at the www.dejavu-fashion.eu site.
1.3. The contract is concluded between the company Dejavu Fashion Sp. z o.o. with its registered seat at ul. Solariego 4, 02-070 Warszawa (hereinafter referred to as the: „Store”) and the individual, entity, or other organizational unit who purchases and uses products and services offered by the Store under this Terms and Conditions (hereinafter referred to as the: „Client”).
1.4. The Store’s email address is:
image with email address of the webstore 
The Store may however publish alternative email addresses on it’s site.
1.5. Prices of products and services are expressed in PLN, EUR and USD or, if made available by the Store, also in other currencies. Prices include the applicable VAT (gross prices).
1.6. The Store reserves itself the right to change and modify its offer including, but not limited to, the change of the prices, modifications of products as well as adding to and deleting products from the offer and providing changes for the options, various discounts and promotions. The number of products in any promotional offer and/or clearance sale may be limited in the available quantities.
1.7. The Store reserves itself the right to cease its operation for a certain time (hereinafter referred to as the: “cease time”). The duration of the cease time will be announced on the Store’s webpage. During the cease time no orders will be accepted and no contracts will be concluded.

2. Order process, contract

2.1. The Store accepts solely orders submitted in accordance with the order process provided by the Store and upon the condition that the provided order form has been correctly completed. Orders placed via direct emails, phone or fax will not be accepted by the Store.
2.2. The Client will be informed of the total order amount (value) upon selection of the delivery country, payment method and delivery method.
2.3. Upon receipt of the order data the Store will send an automated email to the email address provided by the Client with a request of confirmation the order by the Client. Such an email contains the following information: order number, billing data, delivery data, code and name of the ordered product (s), quantity, unit price(s) and extended prices, payment method, delivery method, delivery cost, total order amount (value) as well as notes and remarks in case provided by the Client. Upon verification of the order data and its compliance with the submitted order, the Client shall confirm the order by clicking the hyperlinked request to confirm the purchase.
2.4. A contract between the Store and the Client is concluded upon the Clients’ re-confirmation of the submitted order, subject to the Paragraph 2.3.
2.5. The Client consents that the Store may contact the Client by email or phone in all matters related to the order, payment and execution of the order.
2.6. Execution of the order will only be initiated upon receipt of the Client’s full payment of the total order amount (value) as follows: In the case of:
     a) the payment via ePrzelew/e-transfer - execution of the order commences after the positive authorization of the transaction;
     b) the direct bank transfer to the Store’s bank account - execution of the order commences after the payment has been credited to the Store’s bank account;
     c) the payment via credit card - execution of the order commences after the positive authorization of the transaction;
     d) the payment via PayPal – execution of the order commences after its confirmation.
2.7. If an ordered product is out of stock, the Store will notify the Client, so as to decide on the execution of the remaining part of the order (partial execution, lengthening of the execution time, replacing the missing product with another one or cancellation of the entire order and reimbursement of the Clients payment). The cancellation of the entire order by the Client constitutes the withdrawal from the contract by the Client.
2.8. The Store issues VAT invoices. One original copy is send to the Client together with the ordered products. The Client may also request an electronic version of the VAT invoices vie email to the Store’s email address.

3. Cancellation

3.1. If the Client does not pay the total order amount (value) within 7 calendar days from the conclusion of the contract, the Store will have the right to withdraw from the contract with the immediate effect – within 30 days from the expire of the payment term. Subsequently the order will be cancelled in the Store’s software system and an email notification of such cancellation shall be sent to the Client.
3.2. Prior to the conclusion of the contract as described in Paragraph 2.3. the Client may cancel the order by sending an email to the Store’s email address requesting the cancellation of the order. In such a case the order will be cancelled in the Store’s software system and an email notification of such cancellation shall be send to the Client. A later request to cancel an order may be accepted at the sole discretion of the Store.
3.3. Cancellation of the entire or partial order by the Client is also possible in a case as described in Paragraph 2.7.

4. Payments

4.1. The Store offers the following payment methods, of which, some may depend on the Clients’ country, the chosen currency, or other factors such as technical pre-requisites. The below mentioned list of the restrictions and specifications may be subject to modification and are revocable, at the sole discretion of the Store and are only indicative in nature.
     a) ePrzelew/e-transfer (also referred to as instant online payment): for payments solely expressed in PLN and via Polish banks connected to the Store’s clearing and settlement agent eCard S.A.;
     b) direct bank transfer to the Store’s bank account: for payments in PLN and EUR;
     c) payment via credit card: for payments in PLN, EUR and USD and via cards connected to the Store’s clearing and settlement agent eCard S.A.;
     d) payment via PayPal – for payments in PLN, EUR and USD.
4.2. The company eCard S.A. (www.ecard.pl) which is a clearing and settlement agent supervised by the President of the National Bank of Poland is the Store’s payment process partner. eCard S.A. provides professional payments solutions. The payment Card Authorization System offered by eCard S.A. guarantees the highest level of security for our Clients.
4.3. The Store may charge additional fees depending on the chosen payment method. In such a case those additional fees are transparently shown in the order process after the Client has selected the chosen payment method.

5. Delivery

5.1. Costs of delivery depend on the selected delivery method, product weight, country of delivery and value of the order. Deliveries are made from a warehouse in Germany with Deutsche Post AG. Alternatively the Store, at its sole discretion, may decide to deliver the products via another logistics provider such as DHL or similar logistics provider.
5.2. The Store will use its best efforts to deliver the product as soon as possible but not later than within 30 days from the date of the conclusion of the contract, unless otherwise is agreed with the Client.
5.3. The Client shall carefully check the package for any damage before signing the acknowledgment of receipt. If any damage is visible, the Client shall not collect the package or if she or he does – have a damage report prepared in the presence of the Delivery Service Representative (mailman or courier).
5.4. Delivery to countries outside the European Union may involve additional fees such as additional taxes fees and/or customs fees, which are not included in the prices and the delivery costs. All of the additional fees shall be covered by the Client in his country upon receiving the delivery or upon custom clearance.
5.5. For contractual reasons we are not allowed to serve clients located in Austria, Germany, the Netherlands and Switzerland. Persons and companies from this four contries who are interested in Dejavu products are kindly refered to www.dejavu.de.


6. Withdrawal, return and complaints

6.1. The Client has the right to withdraw from the contract and return the product (s) in compliance with the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014 Item 827) and the provisions provided for below within 14 days from the day of the receipt of the product (hereinafter referred as the: “withdrawal period”), without giving any reason and without incurring any costs other than those provided for below.
6.2. Exercising his/her right of withdrawal, the Client shall choose between:
     a) sending back the product to the Store, at the Client’s costs, within the withdrawal period;
     b) expressing his/her decision to withdraw from the contract to the Store (e.g. by e-mail) and, subsequently, sending back the product to the Store, at the Client’s costs, within the withdrawal period.
In both cases the Client shall include the correctly completed withdrawal form with the return shipment.
6.3. The Client has no right to exchange the product. Effective withdrawal requires the return of the product. A new product can be bought upon a separate, new order.
6.4. The Client is allowed to test the product he/she has bought to the necessary extent; to establish the nature, characteristics and the functioning of the products. However, due to the nature of the particularly the watch straps, the withdrawal from the contract by the Client is solely effective provided that the returned product does not bear any visible traces of wear.
6.5. If the Client exercises his/her right of withdrawal after having used the products to an extent more than necessary for the test purposes he/she will not lose the right to withdraw but will be liable for any diminished value of the products.
6.6. The Client has no right of withdrawal from the contract regarding the product (s) made to the Client’s specifications or clearly personalized product (s) (e.g. name or date engraved on a watch or similar personalization).
6.7. The Store, at its sole discretion, can accept the Clients’ request for withdrawal under the Paragraph 6.6. subject to the payment by the Client of the reasonable costs to the Store.
6.8. The products to be returned of should be shipped via mail or delivered by a courier to the Store’s address or upon agreement between the Client and the Store, to the Store’s warehouse in Germany. The Client shall attach a copy of the original Store invoice along with the products to be returned.
6.9. The total order amount (value) reduced by the original delivery cost will be transferred within 14 days from the day of receiving the returned product and complete documentation by the Store to the Client. To the possible extent, the Store will use the same payment method as originally chosen by the Client to reimburse the due amount to the Client or will contact the Client to agree with the Client on the payment method.
6.10. Complaints:
     a) Subject to complaints are technical or manufacturing defects, as well as damages made during the transportation. Differences in products’ appearance are not considered neither technical, nor manufacturing defects. Colors, patterns and texture of products as presented on the website of the Store may look slightly different in the reality. This may be caused by your monitor parameters and photographic techniques used and are not a subject to complaints;
     b) In the case of a complaint the Client shall immediately inform the Store via email to the Store’s email address. Such a notification shall at least contain the following information: Name and address of the Client, order number, product code and product name the complaint refers to and the basis of the complaint. Photographic proof related to the basis for the complaint is appreciated;
     c) Within 14 days, at the latest, from having received the complaint, the Store shall contact the Client and propose a convenient solution. Such a solution may take a form of the return and exchange of the product, the return of the product and the appropriate refund of the order value by the Store to the Client and / or similar solutions rectifying the complaint. The Store is committed to providing the Client the highest level of satisfaction and will undertake its best effort to rectify justified complaints as soon as possible and in a fair manner;
     d) If the Store and the Client have agreed that the Client shall return one or more products of a particular order to the Store’s address or to its warehouse in Germany, the Client shall attach a copy of the original Store invoice along with the products to be returned of and if applicable also provide the Shipping damage report executed at receipt of the delivery in the presence of a postman or courier;
     e) The cost of delivery related to the return of products subject to a complaint shall be initially covered by the Client. In case of a positive decision regarding the complaint, the cost of delivery shall be reimbursed by the Store to the Client. Such cost shall not exceed the value of the cost of delivery of the original order related to the complaint.

7. Guarantee

7.1. The Dejavu “watch movements” are covered by a 24 (twenty four) month’s guarantee effective from the date of the purchase. Under this guarantee the Store is obliged to repair the watch movement with the respect to the defects covered by the guarantee.
7.2. The abovementioned Guarantee does not cover:
     a) the battery;
     b) the watch-glass;
     c) the watch case;
     d) the watch strap;
     e) the decorative discs;
     f) the mounting and spacing rings.
7.3. The Guarantee does not apply to:
     a) standard wear-and-tear and aging of the product;
     b) damages arose from misuse, carelessness, incorrect use of the product or misuse of the directions provided by the Store;
     c) damages arose from interference of third parties (e.g. an incompetent replacement of the battery).
7.4. The Dejavu watch and its components should only be used in accordance with their main purpose – as a wrist watch and an embellishment. The elements of the watch, especially the pin should be used with particular caution and always kept out of reach of children. The Dejavu watch is water resistant down to 3 ATM. Nevertheless, it should not be immersed in water or worn to: a sauna, bath or shower, during sports activities or dishwashing.
7.5. The guarantee service only applies to products purchased directly in the Store.
7.6. In order to exercise the guarantee the Client shall:
     a) print out the form and correctly complete it;
     b) prepare the watch for shipment. Remember to secure the watch thoroughly so it will not get damaged during the transportation;
     c) include in the return shipment the printed form filled out with your personal information and a description of damage, proof of purchase and a copy of the guarantee card;
     d) ship the watch to the Store’s address by mail or a courier at your own expense.
7.7. The guarantee based request will be considered within 14 days from the date of receipt of the watch by the Store.
7.8. If the Store is obliged to repair the watch, the watch will be repaired or, at the Stores’ sole discretion, replaced free of charge.
7.9. A properly functioning product will be shipped back to the Client at the expense of the Store.
7.10. The Store will not be obliged to execute the guarantee based request regarding shipped products of any returned  in inter alia cases of:
     a) no actual damage of the watch has occurred;
     b) the damage is a result of using the product against the Store’s recommendations;
     c) the shipped product was inefficiently packed, which may have caused the damage during the transportation.
In the abovementioned cases the Client will be informed about the costs of the repair and delivery costs, both to be borne by the Client.

8. Copyright and liability

8.1. The Store has been taking any and all efforts to assure that the photographs of the products reflect their actual appearance.
8.2. The Store is not liable for the orders placed by (unauthorized) third parties on behalf of the Client.
8.3. Photographs and texts on the Store’s webpage are works in the meaning of the Copyright Law and are protected on the basis of The Act on Copyright and Neighbouring Rights of 4 February 1994 (Journal of Laws 1994 Item 83, as later amended), international copyright conventions and other national laws. The copyright in those works is vested in the Store and/or other entities and individuals cooperating with the Store. Unauthorized dissemination or any other unauthorized use of any of those works may constitute a copyright infringement resulting in civil and criminal liability.

9. Privacy & data protection

9.1. Personal data are used exclusively for the purpose of processing and executing the Client’s orders including all related processes such as payments, delivery, potential withdrawals and complaints as well as quality assurance.
9.2. You may inspect and modify your personal data whenever you wish. Such a data is processed in compliance with the Act on Personal Data Protection of 29 August 1997 (Journal of Laws No. 133 Item 883 as later amended hereinafter referred to as “Act on Personal Data Protection”), by the company Dejavu Fashion Sp. z o.o. with its registered seat at ul. Solariego 4, 02-070 Warszawa. Pursuant to the Act on Personal Data Protection the Inspector General for Data Protection has been notified of the database.
9.3. Cookie Policy
Cookies are small encrypted text files that may be stored on your browser directories when you visit a Store site. A cookie usually contains the name of the website from which the cookie came from, the “lifetime” of the cookie and a value, which is usually a randomly generated unique number.
The Cookie Policy applies to any websites, branded pages on third party platforms and applications accessed or used through such websites or third party platforms which are operated by or on behalf of the Store.
We use cookies to provide the you with easier and better browsing experience in order to meet the Clients’ requirements regarding our offer. We also use cookies to compile aggregated, anonymous statistics that allow us to understand how you use the Store sites and to help us improve the structure and content. We cannot identify you personally from this information.
By using the Stores sites, you are consenting to our usage of cookies in accordance with the Cookie Policy. Cookie settings can be controlled and configured in your web browser. If you do not agree to our usage of cookies, you should set your browser settings accordingly or refrain from using the Stores Sites. If you disable the cookies, this may impact your user experience while being on the Stores sites.
Most internet browsers are initially set up to automatically accept cookies. You can change the settings to block cookies or to alert you, when cookies are being sent to your device. There are a number of ways to manage cookies. Please refer to your browser instructions or help screen to learn more about how to adjust or modify your browser settings.
If you disable the cookies that we use, this may impact your experience while on the Store sites, for example you may not be able to visit certain areas of a Store site or you may not receive personalised information when you visit the Store site.
If you use different devices to view and access the Store sites (e.g. smartphone, tablet etc.) you will need to ensure that your settings are adjusted to the cookie preferences.
When you visit the Store sites you may receive cookies from third party websites or domains. We endeavour to identify these cookies before they are used, so that you can decide whether or not you wish to accept them. More information about these cookies may be available on the relevant third party's website.

10. Miscellaneous

10.1. The Store may launch promotional offers, such as contests, in cooperation with third party providers and present information on such events on its site www.dejavu-fashion.eu or in the course of its social media activities. Responsibility for the terms and conditions of such contests and their results lies with the Organizer. The Store is not liable for the content published by other entities.
10.2. The Store can launch a Partnership Program, a Loyalty Program and other Programs for its registered Clients. The terms and conditions of participation of such programs are presented in separate documents.
10.3 Having entered the Partnership Program, the Loyalty Program or any other Program available for the Clients, each participant undertakes to abide by the rules of the given Program.
10.4. Clients as well as any other interested party may register for the Store’s newsletter. The Store commits not to send out more than 8 newsletters per annum. At any point in time it is possible to unsubscribe from the newsletter by clicking the related link in a newsletter or to inform the Store via email and to request to be taken off from the newsletter list.
10.5. The Clients may have access, download and print these regulations at any time through a dedicated link on each page of the Stores’ website.
10.6. These regulations and the contracts shall be interpreted and governed by the Polish law.
To all matters not regulated herein, the provisions of the Civil Code (Journal of Laws 1964 No 16 Item 93 as later amended), shall apply, and with regard to consumers the Act on Consumer Rights of 30 May 2014 (Journal of Laws 2014 Item 827).
In case of the litigation with the Client residing in one of EU countries, apart from the Polish Clients, more advantageous provisions of law of the Client’s residence may apply.