ORDER AGREEMENT FOR A MADE TO MEASURE WEDDING DRESS

CONTRACTOR: SO FLUFFY Sylwia Cygan, ul. Tadeusza Rejtana 4 lok. 4, 50-015 Wrocław, NIP: 8992624623, REGON: 387479304, e-mail address: kontakt.soSluffy@gmail.com, tel. 690 978 164.

ORDERING PARTY: A Client who is a physical person and places an order for a custom-made wedding dress through the Contractor’s online store, available at: https://soSluffy.pl.

PARTIES: Contractor and Ordering Party.

§ 1 SUBJECT OF THE AGREEMENT

1. The Client orders, and the Contractor accepts, the production of a wedding dress for the Client, hereinafter referred to as the “WEDDING DRESS.”
2. Detailed specifications for the wedding dress, including its style, color, and material, are provided in the Contractor’s Online Store.
3. When placing an online order, the Client has the option to indicate any modifications to the wedding dress and any possible adjustments in the order notes. These modifications will be binding upon the Contractor’s approval. The Contractor will inform the Client electronically about the possibility of making any modifications or adjustments to the wedding dress, in accordance with the Client’s guidelines, within 30 days of the order date.
4. The wedding dress will be made based on the measurements provided by the Client on the date of the Agreement, taken in accordance with the guidelines contained in Annex 1 to the Agreement. The Client is obligated to provide detailed measurements in the order notes or by email no later than the day of order placement.
5. The wedding dress will be made from materials provided by the Contractor.
6. The Client acknowledges that the actual colors of the wedding dress may differ slightly from those shown in the photos available in the Online Store, due to the hardware specifications and individual hardware settings.
7. The Contractor declares that it has the appropriate experience and knowledge to properly perform the subject of the Agreement.
8. The Contractor declares that the subject of the Agreement may be performed by third parties acting on its behalf and under its responsibility, to which the Client consents.

§ 2 CONDITIONS FOR PERFORMANCE OF THE AGREEMENT

1. The Parties undertake to cooperate closely in the performance of this Agreement.
2. The Ordering Party undertakes to promptly provide the Contractor with all information necessary for the proper performance of the Agreement.
3. When providing measurements, in accordance with § 1, Section 4 of the Agreement, the Ordering Party undertakes to take into account any body or figure defects.
4. The Ordering Party will exercise due diligence to ensure that the measurements provided at the time of signing the Agreement are not changed during the performance of the Agreement.

§ 3 CHANGES AND AMENDMENTS

1. Any changes to the wedding dress specifications or modifications referred to in § 1, paragraphs 2 and 3 of the Agreement, made by the Ordering Party after the conclusion of the Agreement (order placement), are possible after their acceptance by the Contractor and for additional remuneration agreed individually between the Parties, at least in documentary form (e.g., email).
2. The Ordering Party has the right to request one alteration of the wedding dress, included in the fee, provided that the need for such alteration results from the natural process of fitting the garment to the figure and is not due to changes in the dimensions referred to in § 1, paragraph 4 of the Agreement.
3. The Ordering Party is obligated to submit a request for alterations no later than 7 days from the date of delivery of the wedding dress. The request should be submitted via email, indicating the scope of the necessary alterations. The Ordering Party is obligated to attach to the aforementioned email detailed photos of the wedding dress, illustrating the elements requiring alteration.
4. The Client is obligated to deliver the wedding dress to the address provided by the Contractor, at their own expense and risk.
5. The Contractor agrees to complete the alterations within a timeframe agreed upon with the Client, appropriate to the scope of work, while maintaining due diligence and custom tailoring standards.
6. The completion of alterations does not entitle the Client to request a reduction in the fee or to withdraw from the Contract, provided the wedding dress complies with the agreed design and is made to the specified measurements.
7. The Client is obligated to cover the cost of re-delivering the wedding dress, taking into account the alterations.

§ 4 DELIVERY TIME AND DELIVERY OF THE WEDDING DRESS

1. The Contractor undertakes to sew the wedding dress within 12 weeks.
2. The Contractor undertakes to inform the Ordering Party about the wedding dress’s completion by email.
3. The Ordering Party accepts that the wedding dress completion date may be extended for reasons beyond the Contractor’s control, for which the Contractor is not responsible.
4. Any additional changes referred to in § 3 of the Agreement may lead to an extension of the wedding dress completion date, as referred to in paragraph 1 of this section, which the Ordering Party acknowledges. In such a case, the Contractor undertakes to inform the Ordering Party of the extended order completion date in written form (e.g., email), and the Ordering Party undertakes to accept it.
5. The wedding dress will be shipped at the Ordering Party’s expense via courier to the address provided by the Ordering Party.
6. Upon delivery of the wedding dress to the Ordering Party, the benefits and burdens associated with the item, as well as the risk of accidental loss or damage, are transferred to the Ordering Party.

§ 5 REMUNERATION AND PAYMENT RULES

1. For the performance of the work covered by the Agreement and the delivery of the wedding dress, the Customer will pay the Contractor a fee in the amount specified in the Online Store.
2. The fee is given in Polish zloty and includes taxes (it constitutes a gross fee).
3. Information about the total fee, which includes the delivery of the wedding dress, is provided on the Online Store website each time the order is placed, including before the direct confirmation and submission of the order. These are the total costs that the Customer is obligated to pay, including applicable taxes and other costs.
4. When placing an order, the Customer selects the payment method currently available from the Contractor.
5. Payment will be made before the Customer picks up the wedding dress.
6. The payment date is the date on which the Contractor’s bank account is credited.
7. The Contractor will issue the appropriate settlement document to the Customer for each order.
8. The Contractor reserves the right of ownership of the wedding dress until the Customer has paid the full fee.
9. Pursuant to the provisions of Art. 639 of the Civil Code, the Ordering Party cannot refuse to pay the remuneration despite the failure to produce the wedding dress if the Contractor was ready to produce it but was prevented from doing so for reasons attributable to the Ordering Party.

§ 6 CONTRACTOR’S LIABILITY

1. The Contractor is responsible for the performance’s compliance with the Agreement.
2. Pursuant to Article 638 § 1 of the Civil Code, the provisions on statutory warranty for wedding gowns apply accordingly to liability for defects in wedding gowns. The Contractor’s liability is excluded if the defect in the wedding gown results from a defect inherent in the material provided by the Customer.
3. The Contractor is not responsible for the incorrect fit of the wedding gown to the Customer, including its dimensions or figure, if the Customer provided incorrect measurements or if its dimensions/figure changed after the conclusion of the Agreement.
4. The Customer acknowledges that certain wedding gown models may not fully complement a specific body shape, for which the Contractor is not responsible.

§ 7 WITHDRAWAL AND TERMINATION OF THE CONTRACT

1. The Ordering Party acknowledges that it does not have the right to withdraw from the Agreement within 14 days of its conclusion, pursuant to the Consumer Rights Act of May 30, 2014, due to the fact that the Agreement concerns a wedding dress made according to the Ordering Party’s specifications.
2. Pursuant to Article 644 of the Civil Code, until the wedding dress is completed, the Ordering Party may withdraw from the Agreement at any time by paying the full fee referred to in Section 5, Section 1 of the Agreement.

§ 8 METHODS OF COMMUNICATION BETWEEN THE PARTIES

1. All information provided as part of the Agreement’s performance will be sent in writing or electronically, unless otherwise specified in the individual provisions of the Agreement.
2. In the event of a change in the address for delivery of the above-mentioned notices, each Party will notify the other Party in writing, giving 7 days’ notice. Failure to comply with this obligation will result in delivery to the previous address being deemed effective.

§ 9 IMAGE CONSENT

1. The Ordering Party, bearing in mind the provisions of Article 82, Section 1 of the Act of 4 February 1994 on Copyright and Related Rights and Article 6, Section 1, Letter a) of the GDPR, authorizes and voluntarily consents to the processing (including dissemination) by the Contractor of its image, recorded in the form of video, audio-video, or photographic recordings, for a period of 5 years.
2. The Ordering Party declares that the consent referred to in the above section covers the free, multiple dissemination by the Contractor of the Ordering Party’s image, recorded in the form of video, audio-video, or photographic recordings, without any territorial restrictions (in particular, on the Internet – on the Contractor’s website and social media profiles and channels, as well as on the Contractor’s physical advertising and information materials), for purposes related to the Contractor’s business activities, including commercial, informational, promotional, and marketing purposes.
3. The Contractor declares that the image of the Ordering Party will not be associated with content that could expose it to loss of reputation or disgrace.

§ 10 FORCE MAJEURE

1. The Parties agree that they are not liable for the consequences of force majeure, in particular fire, flood, terrorist attack, natural disasters, epidemics or pandemics, as well as other events beyond the Parties’ control and which they could not have avoided (force majeure).
2. A Party experiencing difficulties in the performance of the Agreement due to force majeure is obligated to immediately notify the other Party of the occurrence and cessation of force majeure.
3. A failure to notify the other Party or a delay in notifying the other Party of the occurrence of force majeure will prevent that Party from effectively invoking force majeure as a reason for release from liability for non-performance or improper performance of the Agreement.
4. A Party experiencing difficulties in the performance of the Agreement due to force majeure is obligated to take all possible and legally prescribed measures to minimize the impact of force majeure on the performance of the Agreement.

§ 11 FINAL PROVISIONS

1. Any amendments to this Agreement must be made in writing under pain of nullity.
2. The following annexes constitute an integral part of this Agreement: Annex 1 – Measurement Guidelines; Annex 2 – GDPR Information Clause.
3. The Parties undertake to resolve any disputes arising from this Agreement in good faith and with due regard for the legitimate interests of both parties. If an amicable resolution is impossible, the competent court will be the court of general jurisdiction.
4. In matters not covered by this Agreement, the following provisions shall apply: the Terms and Conditions of the “SO FLUFFY” online store, the “SO FLUFFY” Privacy and Cookies Policy, and generally applicable Polish law, in particular the provisions of the Act of 23 April 1964 – Civil Code.

Appendix 1 – Measuring Guidelines
Appendix 2 – GDPR Information Clause

Administrator

In implementation of the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of data, and repealing Directive 95/46/EC (hereinafter referred to as “GDPR”), we hereby inform you that the Controller of personal data of persons who are Parties to the Agreement or representing the Parties or preparing the Agreement or participating in its implementation is: Ms. Sylwia Cygan conducting business activity under the name Sirma SO FLUFFY Sylwia Cygan, ul. Tadeusza Rejtana 4 lok. 4, 50-015 Wrocław, correspondence address: ul. Krupnicza, no. 2-4, lok. 4p, 50-075 Wrocław, NIP: 8992624623, REGON: 387479304.

Contact with the Administrator

The Controller indicates that in matters related to the processing and protection of personal data, you can contact him electronically by sending an email to: kontakt.sofluffy@gmail.com. Personal Data Protection Officer

The Controller indicates that it has not appointed a Personal Data Protection Officer. Source of Personal Data: Your personal data was provided by you or the Parties to the Agreement.

Categories of personal data processed

The Administrator will process the following of your personal data:

1. Identification data: first name(s) and last name, PESEL (Personal Identification Number), Sirma (optional), Tax Identification Number (NIP) (optional),
2. Contact information: address, shipping address, email address, phone number;
3. Other: image (if applicable).

Obligation to provide personal data

Providing your personal data, such as identifying and contact details, is a contractual requirement and is mandatory.

Failure to provide personal data will result in the inability to conclude the Agreement.

Purposes, legal basis and period of personal data processing

Your personal data will be processed for the purpose of:

1. Performance of the Agreement. The legal basis for processing is: Article 6 paragraph 1 letter b) of the GDPR and Article 6 paragraph 1 letter f) of the GDPR. Data will be processed for this purpose for the period necessary to perform the Agreement, but no shorter than the limitation period for claims arising from generally applicable law or for the period resulting from tax law provisions.
2. Contact regarding matters concerning the Agreement by using the telephone number or email address in connection with the concluded Agreement. The legal basis for processing is: Article 6 paragraph 1 letter a) of the GDPR, Article 6 paragraph 1 letter b) of the GDPR, and Article 6 paragraph 1 letter f) of the GDPR. Data will be processed
3. for this purpose for the duration of the Agreement.
4. Establishing, pursuing, and defending against claims, which constitutes the Controller’s legitimate interest. The legal basis for processing is: Article 6 paragraph 1 letter f) of the GDPR. Data will be processed for the limitation period for claims arising from generally applicable law,
5. keeping accounting books and tax documentation. The legal basis for processing is: Article 6, paragraph 1, letter c) of the GDPR in conjunction with Article 74, paragraphs 1-3 of the Accounting Act of 29 September 1994. Data will be processed for this purpose for a period of five years, unless a longer period is required by specific provisions governing the storage of accounting and tax documentation,
6. direct marketing, including receiving commercial information (provided that the Ordering Party has granted marketing consent), which constitutes the Controller’s legitimate interest. The legal basis for processing is: Article 6, paragraph 1, letter a) of the GDPR and Article 6, paragraph 1, letter f). Data will be processed for a period of fifteen years or until consent to their processing is withdrawn;
7. promotion or advertising of the Controller’s activities, including the products or services offered (provided that the Ordering Party has granted consent), which constitutes, among other things, the Controller’s legitimate interest. The legal basis for processing is: Article 6(1)(a) of the GDPR and Article 6(1)(f). The data will be processed for a period of fifteen years or until the consent to their processing is withdrawn;
8. retention and archiving of documentation. The legal basis for processing is: Article 6(1)(f) of the GDPR. The data will be processed for this purpose for a period of 10 years from the date of execution, expiration, termination, or dissolution of the Agreement.

Recipients of personal data

Your personal data may be shared:

1. The Controller’s employees authorized by the Controller to process specific personal data,
2. entities with whom the Controller has concluded a personal data processing agreement,
3. to an accounting firm/bookkeeper or an appropriate entity dealing with accounting matters – for the purpose of providing accounting and bookkeeping services to the Controller,
4. to technical and organizational service providers (in particular, ICT service providers),
5. to legal and advisory service providers, including in the case of pursuing and defending claims,
6. to other entities, persons, or bodies – to the extent and under the terms specified by law.

The Controller indicates that, under the terms of Article 28 of the GDPR, it may entrust the processing of your personal data to third parties without your separate consent. The processor processes your personal data only to the extent and on the specific instructions of the Controller (under a personal data processing agreement). The processor is obligated to ensure the confidentiality and security of your personal data.

Your personal data may be disclosed to competent public authorities or law enforcement agencies if required by applicable law.

The processed personal data are not disclosed to recipients not indicated above in a form that would allow for your identification, unless you have given your consent.

The rights of a natural person whose personal data are processed

The Controller ensures that you can exercise the rights referred to below. To exercise your rights, please send an appropriate request by email to the Controller’s email address.

You have the right to access your data and receive a copy thereof (including Article 15 of the GDPR), to rectify it (including Article 16 of the GDPR), to erase it (including Article 17 of the GDPR), or to restrict its processing (including Article 18 of the GDPR) – although separate provisions may exclude or limit this right. You also have the right to data portability (including Article 20 of the GDPR), and the right to object to data processing based on, among others, Article 6 paragraph 1 letter b) of the GDPR. e) or f) of the GDPR, or for direct marketing purposes or for promotional and advertising purposes (provided that consent to the processing of data for this purpose has been given) – (including Art. 21 of the GDPR), as well as the right to request the cessation of data processing, the right to withdraw consent at any time, and the right to lodge a complaint with the supervisory authority, which is the President of the Personal Data Protection Office [address: Office of the President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw] (including Art. 77 of the GDPR). Exercising the right to withdraw consent does not affect the processing that took place before the withdrawal of consent.

The Controller will consider submitted requests promptly, but no later than one month from their receipt. However, if – due to the complex nature of the request or the number of requests – the Controller is unable to consider your request within the specified timeframe, they will inform you of the intended extension and indicate a deadline for considering the request, which, however, will not exceed two months. The Controller shall inform each recipient to whom the personal data have been disclosed about the rectification or erasure of personal data or the restriction of processing that he has carried out in accordance with your request, unless this proves impossible or involves a disproportionate effort.

Profiling and automatic processing of personal data

Your personal data will not be subject to profiling. Your personal data may be processed automatically to ensure the most effective implementation of the Agreement and your satisfaction.

Third country or international organization

The Administrator has no intention of transferring your personal data to a third country or an international organisation.