Terms of service

1. GENERAL PROVISIONS

1.1. These terms and conditions set out the rules for using the ImPerfect online store operating at: imperfectwear.store (the “Online Store”), the rules for placing orders, concluding distance sales contracts, payments, delivery, returns, complaints, and other rights and obligations of Customers and the Seller.

1.2. The owner of the Store is:
Patryk Chojnicki
trading under the name ImPerfect
Address: Kapelstraat 21/2, 3540 Herk-de-Stad, Belgium
VAT: BE1026.863.972
Phone: +32 491 55 66 03
E-mail: imperfectwear.contact@gmail.com
(hereinafter: the “Seller”).

1.3. The Store is technically operated by the Shopify platform; however, all sales contracts are concluded directly between the Customer and the Seller.

1.4. By using the Store, placing an order or creating an account, you accept these Terms and Conditions as well as our Privacy Policy and Returns Policy, which form an integral part of these Terms and Conditions.

2. DEFINITIONS

For the purposes of these Terms and Conditions:

Customer – a natural person (including a Consumer), legal person or organizational unit which uses the Store, places an order or concludes a contract with the Seller.
Consumer – a Customer who is a natural person making a purchase for purposes not directly related to their business or professional activity.
Account – a user account in the Store created after registration, enabling access to order history, delivery details, etc.
Goods/Product – clothing and accessories offered in the Store, in particular hoodies and T-shirts.
Sales Contract – a distance sales contract for Goods concluded between the Customer and the Seller via the Store.
Business Days – days from Monday to Friday, excluding public holidays in the country of the Seller’s registered office.

3. SCOPE AND APPLICATION OF THE TERMS AND CONDITIONS

3.1. These Terms and Conditions apply to all sales contracts for Goods concluded via the Store and to the use of the Store’s functionalities by Customers.

3.2. The Customer is obliged to use the Store in accordance with applicable law, these Terms and Conditions and good practice.

3.3. The provisions of these Terms and Conditions do not exclude mandatory provisions of law applicable to the Consumer in the country of their habitual residence within the EU.

4. USE OF THE STORE AND ACCOUNT

4.1. To use the Store, you need a device with Internet access, an up-to-date web browser and an active e-mail inbox.

4.2. The Customer may make purchases:

as a guest, without creating an Account, or
as a registered user with an Account, after registration.

4.3. When creating an Account or placing an order, the Customer is obliged to provide true, current and complete data.

4.4. The Customer is responsible for maintaining the confidentiality of their login details and for all activities carried out using them.

4.5. The Seller has the right to block the Customer’s Account in the event of:

gross violation of these Terms and Conditions,
illegal activities,
attempted abuse (e.g. payment fraud, spamming).

5. PLACING ORDERS

5.1. Information about Goods displayed in the Store constitutes an invitation to conclude a contract and not an offer within the meaning of civil law.

5.2. The Customer may place an order by selecting the Goods, size, quantity, adding them to the cart and going through the order process (entering data, choosing delivery and payment method, confirming).

5.3. Before placing an order, the Customer receives a summary including, in particular:

a description of the selected Goods,
the total price including taxes,
delivery costs,
selected payment method.

5.4. An order is placed by clicking a button such as “Buy”, “Order with obligation to pay” or an equivalent button.

5.5. After placing the order, the Customer receives an automatic confirmation by e-mail. The Sales Contract is concluded when the Seller confirms acceptance of the order for processing (e-mail message).

5.6. The Seller may refuse to process an order, in particular in the event of:

lack of availability of the Goods,
payment issues,
reasonable suspicion of abuse.
In such a case, the Customer will be informed, and any payments made will be refunded.

6. PRICES AND PAYMENTS

6.1. Prices of Goods in the Store are given in the currency indicated for the product (e.g. EUR) and include applicable taxes, unless expressly stated otherwise.

6.2. The price does not include delivery costs, which are provided separately before the order is placed.

6.3. Available payment methods (e.g. payment card, instant payments, digital wallets) are presented during the order process.

6.4. The Customer is obliged to make payment at the time of placing the order, unless expressly stated otherwise.

6.5. If payment is refused by the payment operator or bank, the order may be cancelled.

7. DELIVERY

7.1. Goods are delivered to the address provided by the Customer when placing the order.

7.2. The average delivery time depends on the Customer’s place of residence and is usually between 4 and 12 Business Days.

7.3. In the event of increased order volumes or circumstances beyond our control (e.g. delays on the part of the carrier, customs services, force majeure events), the delivery time may be extended by a few days. Please allow additional time for transportation.

7.4. When the parcel leaves our warehouse, the Customer will receive an e-mail confirming dispatch and, if available, a link to track the shipment.

7.5. The risk of accidental loss or damage to the Goods passes to the Customer at the moment the parcel is delivered to the Customer or a person authorized by the Customer.

8. RIGHT OF WITHDRAWAL (RETURNS)

8.1. As a rule, Consumers in the European Union have the right to withdraw from a distance contract within 14 days without giving any reason, in accordance with applicable law.

8.2. Detailed rules for withdrawal from the contract, the withdrawal form, information on return costs and any exclusions are described in the Returns Policy available in the Store.

8.3. A refund is made after receiving and inspecting the returned Goods, within the period provided by law, using the same payment method as the one used by the Customer, unless the parties agree otherwise.

9. COMPLAINTS AND STATUTORY WARRANTY

9.1. The Seller is liable to the Consumer for the conformity of the Goods with the contract in accordance with applicable law.

9.2. If a defect or non-conformity of the Goods with the contract is found, the Customer may submit a complaint to: imperfectwear.contact@gmail.com, describing the problem and attaching photos, the order number and contact details.

9.3. Complaints are handled within a reasonable time, taking into account applicable legal provisions.

9.4. As a result of a justified complaint, the Customer may request, among others, repair of the Goods, replacement, price reduction or withdrawal from the contract in cases provided for by law.

10. PROHIBITED ACTIVITIES

10.1. The Customer agrees not to use the Store for activities that are unlawful, contrary to good practice or these Terms and Conditions, in particular:

sending offensive, illegal or third-party-rights-infringing content,
attempting to breach the security of the Store or other users’ Accounts,
taking actions aimed at disrupting the operation of the Store (e.g. bots, scraping).

10.2. The Seller may block access to the Store or the Customer’s Account in the event of a gross violation of the above provisions.

11. INTELLECTUAL PROPERTY

11.1. All content posted in the Store, in particular photos, product descriptions, graphics, logos, page layout and other materials, are the property of the Seller or relevant third parties and are protected by law, including copyright and industrial property rights.

11.2. It is forbidden to copy, modify, distribute, publish or use the Store’s content for purposes other than directly related to the purchase of Goods, without the prior written consent of the Seller.

12. NEWSLETTER AND COMMUNICATION

12.1. The Customer may voluntarily subscribe to the newsletter by providing an e-mail address and giving the appropriate consent.

12.2. The Customer has the right to unsubscribe from the newsletter at any time by clicking the “unsubscribe” link in the footer of the message or by contacting the Seller.

12.3. Messages related to order processing (e.g. order confirmation, shipping status) are sent regardless of marketing consent.

13. LIABILITY

13.1. The Seller is not liable for:

interruptions in the operation of the Store caused by force majeure, hardware failures or maintenance work,
delays or failure to deliver due to reasons attributable to the carrier or the Customer (e.g. incorrect address).

13.2. To the fullest extent permitted by law, the Seller’s liability towards a Customer who is not a Consumer is limited to the actual damage suffered and may not exceed the value of the order to which the damage relates.

14. PERSONAL DATA PROTECTION

14.1. The Controller of Customers’ personal data is the Seller.

14.2. Personal data are processed in particular for the following purposes:

processing orders and performing contracts,
handling complaints and returns,
managing the Account,
sending the newsletter (where consent has been given).

14.3. Detailed information on the processing of personal data, including the Customer’s rights, legal bases for processing and cooperation with Shopify and other third parties, is provided in the Privacy Policy available in the Store.

15. OUT-OF-COURT DISPUTE RESOLUTION

15.1. A Customer who is a Consumer has the possibility to use out-of-court complaint and redress mechanisms in accordance with EU law and national regulations.

15.2. The Consumer may, among others, use the European ODR platform, available at:
https://ec.europa.eu/consumers/odr

15.3. The use of out-of-court dispute resolution methods is voluntary.

16. AMENDMENT OF THE TERMS AND CONDITIONS

16.1. The Seller reserves the right to amend these Terms and Conditions for important reasons, in particular:

changes in legal provisions,
changes in the functionality of the Store,
changes in payment or delivery methods,
changes in the Seller’s data.

16.2. The amended Terms and Conditions will be published in the Store in advance, and their provisions will apply to contracts concluded after the date on which the changes enter into force.

17. APPLICABLE LAW AND JURISDICTION

17.1. Contracts concluded between the Customer and the Seller are governed by the law of Belgium, taking into account mandatory consumer protection provisions in the state of the Consumer’s habitual residence within the EU.

17.2. Any disputes arising in connection with the use of the Store or the conclusion of contracts may be resolved by the competent common courts.