GENERAL TERMS AND CONDITIONS
- GENERAL PROVISIONS
- ONLINE SERVICES IN ONLINE STORE
- TERMS AND CONDITIONS OF CONTRACTING
- METHODS AND CONDITIONS OF PAYMENT
- COSTS, TIME AND METHODS OF DELIVERY
- MERCHANDISE RELATED COMPLAINTS
- NON LITIGATION SOLUTIONS OF EXAMINATING THE COMPLAINTS AND PROCEEDING WITH THE CLAIMS AND ACCESS POLICY TO THESE PROCEDURES
- WITHDRAWAL FROM THE CONTRACT
- NON-CONSUMERS RELATED PROVISIONS
- PERSONAL DATA POLICY
Online Store www.republicofties.com cares about costumer rights. The customer cannot reject the rights granted to him by the Act on Consumer Rights. The provisions of the Regulation, which are less favorable to the customer than the provisions of the Act on Consumer Rights, are not valid and the provisions of the Law on Consumer Rights applied instead. Consequently, the provisions of these Regulations are not intended to exclude or limit any customer rights assigned to them by mandatory provisions of law, and any possible doubts should be explained in the favour of the customer. In the event of any inconsistency between the statement in the following Regulation and the above-mentioned provisions, priority is given to the mandatory provisions of law and these should apply.
1. GENERAL TERMS AND CONDITIONS
1.1. The Online Store available on the Web at: www.republicofties.com is operated by JJ Clothing Company Sp. z o.o., a Polish limited liability company with its registered office in Warsaw (registered address: Aleje Jerozolimskie 85/21, 02-001 Warszawa and correspondence address: Skrytka Pocztowa nr 2, 00-950 Warszawa, Poland); registered in the Business Register of the National Court Register under entry No. KRS 0000567189; the Registry Court having custody of the corporate documents: District Court for the Capital City of Warsaw in Warsaw, 12th Economic Division of the National Court Register; share capital of PLN 5,000.00; tax identification No. NIP: 5223034168; statistical No. REGON: 362085964; e-mail address: firstname.lastname@example.org.
1.2. These General Terms and Conditions are addressed both to consumers and non-consumers using the Online Store (except section 9, which is directed solely to non-consumers).
1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store to create an Account.
1.4.3. ORDER FORM – an Online Service; an interactive form available in the Online Store to place an Order, specifically by adding Merchandise to the online basket and specifying the conditions of the Sale Contract, including, but not limited to, the type of delivery and payment.
1.4.4. CUSTOMER – (1) any natural person fully capable of entering into legal transactions, and under circumstances provided for by the generally applicable laws, also any natural person with a limited capacity to enter into legal transactions; or(2) a corporate entity or (3) an unincorporated entity with legal capacity conferred by statute who uses the Online Services; - – who intends to contract or has already contracted with the Seller.
1.4.5. POLISH CIVIL CODE – the Polish Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Online Service; a set of resources in the computer system of the Service Provider identified by a unique User-defined name (login) and password, comprising User data, including information on the Orders placed.
1.4.7. NEWSLETTER – an Online Service; an online distribution service rendered by the Service Provider via e-mail which enables all Users who have signed in to automatically receive each subsequent issue of the newsletter featuring information about the Merchandises, promotions and updates to be found in the Online Store.
1.4.7a. POINTS - Accounts functionality, virtual points recorded under the Customer Account in the Online Shop. The Seller awards Customer with Points for executed Sale Contract. Points enable Customer to make payment following the conditions set out in Annex No. 1 to the General Terms and Conditions.
1.4.8. MERCHANDISE – any movable asset available in the Online Store which is contracted for under a Sale Contract between the Customer and the Seller.
1.4.9. GENERAL TERMSAND CONDITIONS– these Online Store General Terms and Conditions.
1.4.10. ONLINE STORE – the Online Store of the Service Provider available on the Web at: www.republicofties.com
1.5. SELLER, SERVICE PROVIDER – JJ Clothing Company Sp. z o.o., a Polish limited liability company with its registered office in Warsaw (registered address: Aleje Jerozolimskie 85/21, 02-001 Warszawa and correspondence address: Skrytka Pocztowa nr 2, 00-950 Warszawa, Poland); registered in the Business Register of the National Court Register under entry No. KRS 0000567189; the Registry Court having custody of the corporate documents: District Court for the Capital City of Warsaw in Warsaw, 12th Economic Division of the National Court Register; share capital of PLN 5,000.00; tax identification No. NIP: 5223034168; statistical No. REGON: 362085964; e-mail address: email@example.com.
1.5.1. SALE CONTRACT – a sale contract for Merchandise to be executed between the Customer and the Seller through the Online Store.
1.5.2. ONLINE SERVICES – certain services rendered online by the Service Provider to the User through the Online Store
1.5.3. USER – (1) any natural person fully capable of entering into legal transactions, and under circumstances provided for by the generally applicable laws, also any natural person with a limited capacity to enter into legal transactions; or (2) a corporate entity or (3) an unincorporated entity with legal capacity conferred by statute who uses the Online Services; – who intends to contract or has already contracted with the Seller.
1.5.4. CONSUMER RIGHTS ACT , ACT - Act of 30 May 2014 . Consumer Rights ( Journal of Laws of 2014, item 827 as amended).
1.5.5. ORDER – a declaration of intent made by the Customer using the Order Form and directly aimed at executing a Sale Contract for Merchandise with the Seller.
2. ONLINE SERVICES IN ONLINE STORE
2.1. The following Online Services are available in the Online Store: Account; Order Form and Newsletter.
2.1.1. Account: User can start using an Account after completing all the three steps in sequence as follows: (1) fill in the Registration Form; (2) click the “Create an Account” button; and (3) confirm your intention to create an Account by clicking the confirmation link sent to the e-mail address you have submitted. The following User information is required to be typed in the Registration Form: name and surname / company name, address (street, house / apartment, zip code , city, country ), email address , contact phone number and password. In the case of the non-consumers it is necessary to provide the company name and tax identification number.
188.8.131.52 Online Service Account is provided free of charge for an indefinite period of time. The Customer has the right, at any time and for any reason, to terminate the Account (resignation from the Account) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org or in writing to PO Box No. 2, 00-950 Warsaw.
2.1.2. Order Form: User starts to use the Order Form upon adding the first item of Merchandise to the online basket in the Online Store. Your Order is placed after you have completed the following two steps in sequence: (1) fill in the Order Form; and (2) click the “Order Now” button; up to that point you can modify the data being entered by yourself (to do so, follow the messages shown on your screen and the information available on the Online Store website). The following information is required to be typed in the Order Form: name and surname / name of comapny; address (street, number, flat/apartment, postal code, town/city, province/state, country), e-mail address; contact phone and information ceoncerning the Sale Contract: Merchandise, quantity and type of Merchandise, size, method of delivery and method of payment. For non-consumers it is necessary to provide also the name of company and tax identification number.
184.108.40.206. Online Service Order Form is provided free of charge and on one-off basis. It is terminated at the time of placing the Order through it, or at the time it is terminated by the Customer before placing an Order.
2.1.3. Newsletter: User starts using the Newsletter after entering the User’s e-mail address dedicated to have each subsequent Newsletter sent to in the “newsletter” field provided on the Online Store website and after confirming User’s intention to sign in for the Newsletter by clicking the confirmation link sent to the e-mail address sent to User.
220.127.116.11. Online Service Newsletter is provided free of charge for an indefinite period of time. The Customer has the right, at any time and for any reason, to terminate the Account (resignation from the Account) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: email@example.com or writing to PO Box No. 2, 00-950 Warsaw.
2.2. Technical requirements necessary to support the computer system used by the Service Provider:
An Internet enabled computer, laptop or any other multimedia device.
Access to an e-mail account.
Web browser: Mozilla Firefox 11.0 or higher; or Internet Explorer 7.0 or higher; Opera 7.0 and higher; or Google Chrome 12.0.0 or higher.
The recommended minimum screen resolution: 1024 x 768.
2.3. The User is obliged to use the Online Store in compliance with the law and good practice and with due respect to the personal interests and intellectual property rights of any third parties. The User is obliged to enter true and accurate information. The User is prohibited from submitting any unlawful content.
2.4. The complaints procedure :
2.4.1. Complaints related to the Online Services offered by the Service Provider and other complaints related to the Online Store operations (with the exception of Merchandise complaint procedures which has been indicated in p. 6) may be submitted by the Customer (for example):
2.4.2. In writing to the following address: PO Box No. 2, 00-950 Warsaw;
2.4.3. In electronic form via e-mail to the following address: firstname.lastname@example.org;
2.4.4. It is recommended to provide the following information in the complaint: (1) the information and circumstances relating to the subject of complaints, in particular the type and date of incorrectness/ default; (2) Customer’s demand; and (3) the contact details to facilitate and accelerate the complaint review process by the Seller. The following requirements shall be treated as recommendations only and do not impact the effectiveness of the complaints which are placed in other form than described above.
2.4.5. Service Provider shall respond to the complaint immediately and not later than within 14 Working Days from the date of its submission.
3. TERMS AND CONDITIONS OF CONTRACTING
3.1. The Sale Contract between the Customer and the Seller is concluded after the Customer place the Order using the Order form in the Online Store in accordance with paragraph. 2.1.2 of the General Terms and Conditions.
3.2. The prices for the Merchandise displayed on the Online Store website are quoted in Polish zloty PLN (in the eEnglish version of the website are displayed in EUR) and includes taxes,. However, the prices are exclusive of any costs of delivery or payment, which are quoted during the Order placement process.
3.3. Contracting through the Order Form
3.3.1.To execute a Sale Contract, the Customer is required to place an Order Form in accordance with paragraph 2.1.2 of the Regulations.
3.3.2.The Seller immediately acknowledges an Order upon its placement, and the Seller accepts it. The Order is acknowledged and accepted by sending an appropriate e-mail to the Customer’s e-mail address provided during the Order placement process. Such an e-mail contains at least the confirmation of all essential details of the Order and the Seller's acknowledgement of receipt and acceptance of the Order. A Sale Contract is made between the Customer and the Seller the moment the Customer receives the e-mail as aforesaid.
3.4. The Sale Contract is recorded, preserved and distributed to the Customer by (1) publishing these General Terms and Conditions on the Online Store website; and (2) sending a confirmation e-mail to the Customer, as described in subpar. 3.3.2. The content of the Sale Contract is also recorded and preserved in the computer system of the Seller’s Online Store.
4. METHODS OF PAYMENT
4.1. The Seller offers the following methods of payment:
4.1.1. Payment by Points in accordance to conditions set out in Annex No. 1 to the General Terms and Conditions.
4.1.2. Intentionally left blank.
4.1.3. Bank transfer to the bank account of the Seller:
Bank: mBank S.A.
PLN Account #: 72 1140 2004 0000 3102 7577 7002.
EUR Account #: 92 1140 2004 0000 3912 0419 6424
4.1.4. Electronic payments and payments by payment card Visa, Visa Electron, Master Card, Master Card Electronic, Maestro through Blue Media S.A. The methods of payment are currently available on the Online Store website and on http://www.bluemedia.pl
18.104.22.168. The payments settlement via electronic payments and payments by payment card are processed in accordance to the Customer's choice by Bluemedia.pl:
22.214.171.124.1. BlueMedia.pl – Blue Media S.A. with its registered seat in Sopocie (ul. Powstańców Warszawy 6 81-718 Sopot), entered in by the District Court for Gdańsk - Północ w Gdańsku in the Entrepreneurs Register under number 0000320590, with the share capital and paid up capital of 2.000.000 zł possessing taxpayer number NIP: 5851351185.
The methods of payment currently available are specified in the “Payment Methods” tab on the Online Store website.
126.96.36.199. Electronic payment and payment card transactions, as selected at the Customer’s discretion, are processed through Blue Media S.A. (bluemedia.pl)
4.2. In the case of choosing the payment method through bank transfer, Points, electronic payment or credit card payment, the Customer is obligated to make payment within 7 calendar days from the date of contracting Sale Agreement.
4.3. Discount vouchers:
4.3.1. The Seller can issue discount vouchers which can be used only in the Online Store
4.3.2. Discount vouchers may be valid only for a limited, specified period and depending on the particular coupon, they can be realized multiple times or only once and can not be combined.
4.3.3. Discount vouchers may have limitations related to minimum order (quantity or value).
4.3.4. Discount vouchers can be used to pay only by the Customer to which the certain voucher has been issued.
4.3.5. If the Customer places an order for Merchandise at a price lower than the discount voucher the reimbursement will not be granted to the Customer and the remaining amount of the voucher expires.
4.3.6. The amount of the discount voucher is not subject to interest rate remuneration and does not have a monetary value in cash.
4.3.7. In case the value of the discount voucher does not cover the Order amount, Customer must pay the difference by using the payment methods available in the Online Store
4.3.8. In case the customer used the discount voucher, the Seller is entitled to charge the customer the original price of Merchandise, which (in case of return) was retained by the Customer. - Applicable to the total Order amount when it drops below the value of the discount voucher used for the Order.
4.3.9. Discount vouchers may offer a discount percentage or be valued at a given amount (fixed value vouchers). For technical reasons, the rebate amount received may slightly differ from the voucher amount. In the case of a difference in minus (not in favour of Customer) - the maximum amount of the difference can be 0,10 zł. In case of Customer request, the Seller is obliged to refund the Customer the difference within 14 days of receiving the request. Customer request must be sent to:
a) In writing to the following address: PO Box No. 2, 00-950 Warsaw;
b) Electronic form via e-mail to the following address: email@example.com;
4.3.10. The following conditions must be met by the Customer to use discount voucher granted for subscription to the Newsletter:
a) Setting up Account in the Online Store
b) Providing Customer’s e-mail address dedicated for the Newsletter in the Newsletter field in the Online Store and clicking “Subscribe” button and clicking in the confirmation link sent to the Customer from the Online Store in an e-mail message.
4.3.11. Discount vouchers for signing up for our Newsletter are valid within 2 days from the date of:
a) Signing up for the newsletter by the Customer in accordance to paragraph 4.3.10
b) Setting up Account in the Online Store
4.3.12. The Seller may waive one condition or all conditions set forth in 4.3.10 and 4.3.11 and make the discount voucher available to the Customer. The valid terms of granting the discount voucher shall be presented in Newsletter section in the Online Store.
5. COSTS, TIME AND METHODS OF DELIVERY
5.1. Merchandise delivery is available on Polish territory and the countries of the European Union and other countries as indicated in the section "Payment and Delivery".
5.2. Merchandise delivery to the Customer is paid, unless the Sale Contract states otherwise. In case of making purchases in the amount of at least 160 zł delivery on Polish territory is free of charge. Merchandise delivery costs (including fees for transportation, delivery and postal services) are indicated to Customer at the Online Store in the "Payment and Delivery" tab and during the Order submission process, including Customer consent for Sale Contract conditions.
5.3. Intentionally left blank.
5.4. The Seller offers the following types of Merchandise delivery or collection:
5.4.1. Postal service
5.4.2. Courier service
5.4.3. InPost service “Paczkomaty” (In Post Lockers Machines).
5.5. Unless a shorter time is stated in the description of particular Merchandise or during the Order placement process, the delivery time for Merchandise is up to 7 working days. In the case of Merchandises with different delivery dates within one Order, the Order delivery date is the longest given period, which may not exceed 7 Working Days. Starting point of the delivery is calculated from the date of:
5.5.1. Crediting Seller Bank account – in the case of choosing payment method through bank transfer or electronic payment and positive authorization of the payment in the case of choosing payment method through credit card payment.
5.5.2. Concluding Sale Contract – in the case of choosing payment method through Points
5.6. Intentionally left blank.
5.6.1. Intentionally left blank.
5.6.2. Intentionally left blank.
6. MERCHANDISE RELATED COMPLAINTS (APPLIES TO THE SALE CONTRACTS CONCLUDED AFTER 25-12-2014)
6.1. The legal basis for and the scope of the Seller’s liability to the Customer, for physical or legal defect (Polish: “rękojmia”) of the Merchandise with the Sale Contract, are defined in line with generally applicable laws, in particular the in the Polish Civil Code.
6.2. Seller is obliged to provide the Customer with Merchandise without defects. Detailed information on the Seller's liability due to a defect of the Product and Customer powers are determined at the Online Store in the " Complaints " tab.
6.3. The Customer may lodge a complaint via:
6.3.1. Writing form to the following address: PO Box No. 2, 00-950 Warsaw;
6.3.2. Electronic form via e-mail to the following address: firstname.lastname@example.org;
6.4. It is recommended to provide the following information in the complaint form: (1) the information and circumstances relating to the subject of complaints, in particular the type and date of defect; (2) the expected way of solving the complaint for example: price reduction or Sale Contract termination (3) the contact details, is recommended to facilitate and accelerate the complaint review process by the Seller. The above-mentioned requirements shall be treated as recommendations only and do not impact the effectiveness of the complaints which are placed in other form than descried above.
6.5. Any complaints shall be reviewed by the Seller immediately, however, no later than within 14 days. If the Customer being a consumer demanded exchange for the new Merchendise or demanded the defect to be fixed or notified the price reduction providing the Seller with the decreased price and the Seller failed to respond to the complaint within the above indicated period, the compliant shall be considered agreed.
6.6. A Customer who execute the powers under warranty (Polish: “rękojmia”), is obliged at the expense of the Seller to deliver a defective Merchandise to the following address: PO Box No. 2, 00-950 Warsaw. In case of the consumers the costs of delivery is borne by the Seller, in case of the non-consumers the cost is borne by the Customer. If due to the nature of the Merchandise or the way it is assembled Merchandise delivery would be extremely difficult, the Customer is obliged to provide the Seller with the access to the Merchandise at the point where the Merchandise is located.
7. NON LITIGATION SOLUTIONS OF EXAMINATING THE COMPLAINTS AND PROCEEDING WITH THE CLAIMS AND ACCESS POLICY TO THESE PROCEDURES
7.1. Detailed information on the Customer possibility to use arbitral solutions of examination the complaints and proceeding with the claims and access to these procedures are available on the premises and on the website Office of Competition and Consumer Protection:
7.2. The information are also available in the office of the President of the Office of Competition and Consumer Protection by telephone +48 22 55 60 333, email: email@example.com or by mail to: Pl. Powstańców Warszawy 1, Warszawa.).
7.3. The consumer who is a consumer has the following possibilities of using arbitral solutions of dealing with complaints and claims: (1.) the request for a permanent arbitral consumer courts (more information on http://www.spsk.wiih.org.pl ; (2) the request to the provincial inspector of Trade Inspection (more information on website of the relevant trade inspector applicable to the Seller's registered office; (3) assistance of the municipal consumer right advisor or a civil organization responsible by its statute for consument protection (Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). The assistance is available inter alia under firstname.lastname@example.org , or under telephone number +48 801 440 220 (open from 8:00 to 18:00 in Working Days, the telecommunication operator's charges applies).
7.4.Platform for online dispute resolution between consumers and businesses at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/. The ODR platform is interactive and multi-lingual website providing with comprehensive service for consumers and businesses seeking to out of court settlement of the dispute concerning contractual obligations resulting from an online contract sale or contract for providing services. (more information available on platforms website and on the website Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php )
8. WITHDRAWAL FROM THE CONTRACT (APPLIES TO THE SALE CONTRACTS CONCLUDED AFTER 25-12-2014)
8.1. The consumer who has executed a remote contract may terminate such a contract without reason by submitting a relevant notice in writing within 30 calendar days without bearing any costs with exception of the costs indicated in paragraph 8.8 of General Terms and Conditions. For the above time limit to be considered observed, it is sufficient to send notice before it expires. Such a notice may be sent:
8.1.1. In writing to the following address: PO Box No. 2, 00-950 Warsaw;
8.1.2. In electronic form via e-mail to the following address: email@example.com; Warszawa, Poland.
8.2. An example of withdrawal form is available in Annex 2 to the Law on Consumer Rights and additionally available at the online shop in the "Returns" section. The consumer may use the above-mentioned form, but it is not mandatory.
8.3. The period of terminating the contract begins:
8.3.1. for Sale Contract in which Seller hand over the Merchandise, being obliged to transfer its ownership - from receiving the Merchandise by the Customer or other person authorized by the Customer other than the carrier, and in the case of a Sale Contract which: (1) includes many of the Merchandises that are delivered separately, in pieces or in parts - from receiving the last Merchandise, piece or part; or (2) by the regular delivery of Merchandises for a fixed period - from receiving the first of the Merchandise;
8.3.2. for other Sale Contracts – on the date of the Sale Contract
8.4. In the event of terminating the Sale Contract which was concluded remotely the Sale Contract is considered as not concluded.
8.5. Seller is obliged immediately, but not later than within 14 calendar days of receipt of the declaration of the Customer to terminate the Sale Contract, to return to the Customer all payments made by the Customer, including the cost of delivery of the Merchandise (excluding additional costs resulting from the Customer's method of delivery other than plain cheapest shipping method available in the Online Shop). Seller shall refund the payment using the same method of payment, which was used by the Customer, unless the Customer has expressly agreed to a different way of return, which is cost free for the Customer. If the Seller didn’t offer to pick up the Merchandise from the Customer in person, Seller may withhold the payment refund until the moment when the Seller receives the Merchandise back or the Customer provides the evidence of dispatching the Merchandise to the Seller, depending on which event occurs first.
8.6. The Customer is obliged immediately, but no later than within 14 calendar days from the date on which terminated the Sale Contract, to return the Merchandise to the Seller or to hand it over to a person authorized by the Seller to receive it, unless Seller has proposed to pick up the product personally. To meet the deadline Customer has to dispatch the Product prior to its expiration (14 days). The Customer may return product to the following address: PO Box No. 2, 00-950 Warsaw.
8.7. The Customer is responsible for Merchandise value decrease as a result of using it in a not proper way which goes beyond the necessity to check the nature, characteristics and functioning of the Merchandise.
8.8. Possible costs related to the termination of the Sale Contract by the consumer, which shall be borne by the Customer:
8.8.1. If the Customer has chosen method of delivery of the Merchandise other than standard cheapest shipping method available in the online store, the Seller shall not be obliged to refund the Customer the extra costs related to more expensive delivery than standard one.
8.8.2. The Customer bears the direct cost of returning the Merchandise.
8.8.3. Intentionally left blank.
8.9. The right of termination of the remotely concluded Sale Contract is not granted to the Customer in respect of Sale Contracts:
8.9.1. (1) of offering the services if the Seller made a full service with the consent of the Customer, who has been informed before starting the service that since the service is fully delivered by the Seller to the Customer, the Customer will lose the right to terminate the Sale Contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which Seller has no control, and which may occur before the deadline for termination; (3) the offered Merchandise is non-prefabricated product, manufactured according to the specifications of the Customer or used to satisfy their individual needs; (4) where the Merchandise supplied is undergoing rapid decay or having a short shelf life; (5) where the Merchandise supplied is delivered in sealed packaging that after opening the package can not be returned due to health protection or hygiene reasons, if it were unsealed after delivery; (6) the object of which is to provide products that after delivery, due to their nature, are inextricably linked to other things; (7) in which the subject of the Sale Contract are alcoholic beverages, the price of which has been agreed at the conclusion of the Sale Contract and the supply of which can only take place after 30 days and whose value depends on fluctuations in the market, over which Seller has no control; (8) in which the Customer has specifically demanded that Seller came to him to make urgent repairs or maintenance; if the Seller provides additional services other than those which comply with the Customer demands or provides products other than parts necessary for repair or maintenance, right of termination/ withdrawal is granted to the Customer for additional services or products; (9) the object of which is to provide audio or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery; (10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded in a public tender; (12) for the services of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, events, entertainment, sports or cultural, if the agreement indicates a day or period of performance; (13) for the supply of digital content which is not stored on a tangible medium if the performance has begun with the express consent of the Customer before the deadline to terminate the Sale Contract and after having informed by the Seller about the loss of the right of termination.
9. NON_CONSUMER RELATED PROVISIONS
9.1. This section of the General Terms and Conditions and the provisions contained hereinafter apply only to non-consumer Customers.
9.2. The Seller has a right terminate the Sale Contract concluded with the non-consumer Customer within 14 calendar days from its conclusion. Termination of the Sale Contract in this case may be effected without giving any reason and gives no right to the Customer to rise any claims against the Seller.
9.3. For non-consumers, the Seller may limit the methods of payment available and also may require the total or a portion pre-payment, regardless of the method of payment selected by the Customer and the fact of concluding a Sale Contract.
9.4. The benefits and burdens associated with the asset and the risk of its accidental loss or damage pass to the non-consumer Customer upon issue of Merchandise by the Seller to the carrier. In such a case, the Seller will not be liable for any total or partial loss of or damage to the Merchandise which may occur between its acceptance for shipment and delivery to the Customer, or for any delay in shipment.
9.5. If Merchandise is shipped to the Customer through a carrier, the non-consumer Customer is obliged to inspect the shipment within the time and in a manner established for the type of shipment. If the Customer finds that any portion of the Merchandise has been lost or damaged in transit, the Customer must take any and all steps as necessary to determine the carrier’s liability.
9.6. In accordance with Art. 558 § 1 of the Code of Civil liability of the Seller under the warranty (Polish “rękojmia”) for the product to the Customer who is not a consumer is excluded.
9.7. In the case of the non-consumer Customers the Seller may terminate the Electronic Services with immediate effect and without indicating reasons by sending the Customer appropriate notification/ statement.
9.8. The liability of the Service Provider/Seller to the non-consumer User/Customer irrespective of the legal basis, is limited and capped - in respect of both any one claim and all claims - in aggregate to the sum of the price paid and the costs of delivery under the Sale Contract and in any case to maximum amount of 1 000 zł. The Service Provider/Seller is liable to the non-consumer User/Customer only for typical damage, foreseeable at the time of contacting, and may not be held liable by the non-consumer User/Customer for any loss of benefits.
9.9. Any dispute arising between the Seller and the Customer will be referred to the court of competent jurisdiction over the registered office of the Service Provider/Seller.
10. PERSONAL DATA POLICY
10.1. The Seller performs the function of the data administrator of the Customers data collected through the Online Store.
10.2. Personal data of the Customers collected by the administrator through the online store are collected - according to the will of the Customer - to execute the Sale Contract or a contract for the Online Services. Placing the Order by the Customer means the acceptance by the Customer to the processing of personal data in order to perform the Sale Contract. Subscribing to the Newsletter by the Customer in accordance with the procedure referred to in point 4.3.10 means Customer consent to the processing of personal data to the Newsletter Online Service.
10.3. Possible recipients of the Customer’s personal data collected through the Online Store:
10.3.1. In the case of the Customer using the method of delivery by postal service, courier service or by Paczkomaty InPost service administrator shall make available the Customer’s personal data to the selected carrier or other transport agent who is executing the package on behalf of the administrator.
10.3.2. The administrator provides the Customer’s personal data to respective companies offering accounting services and issuing the invoice / bill of sale for the Seller.
10.3.3. In the case of the Customer who pay in the Online Store with electronic payment method or credit card Administrator provides the Customer’s personal data information to an entity chosen to operate these payments in the Online Store.
10.4. The Customer has the right to access its data and correct it. A request in this regard may be made, for example:
10.4.1. In writing to the following address : PO Box No. 2, 00-950 Warsaw;
10.4.2. In electronic form via e-mail to the following address : firstname.lastname@example.org;
10.5. Providing personal data is voluntary, but failure to provide the data set out in the General Terms and Conditions, which is necessary to conclude a Sale Contract or contract for Online Services, results in the inability to conclude above-mentioned contracts. The data required to conclude the Sale Contract or contract for Online Services is also indicated in each case on the online store website before the conclusion of the contract.
11.1. The contracts made through the Online Store are executed under the laws of Poland and in the Polish language unless the Customer chooses the English language version of the Online Store and in such a case the contracts are executed in English language.
11.2. Amendment to these General Terms and Conditions:
11.2.1. The Service Provider reserves the right to amend these General Terms and Conditions for important reasons such as the change of law, change to the methods of payment and delivery, to the extent that such changes affect the execution of these General Terms and Conditions.
11.2.2. In the case of the conclusion under these General Terms and Conditions on-going/ permanent contracts (eg . Online Services - Account) the amended General Terms and Conditions are binding for the Customer, if they comply with requirements set out in Art. 384 and 384 [1 ] of the Civil Code, saying that the Customer has been properly notified of the regulation changes and did not terminate the Sale Contract within 14 calendar days from the date of notification. In case a change of the Regulations resulted in the introduction of any new fees or increase existing ones Customer who is a consumer has the right to terminate the contract.
11.2.3. Any amendments to these General Terms and Conditions will not in any way infringe the rights acquired by Users being consumers and using the Online Store before the effective date of such amendments, and specifically, such amendments will not affect any Orders being just placed or already placed, or any Sales Contracts executed, handled or completed.
11.3. The following laws and regulations apply in matters not specifically provided for herein: the Polish Civil Code; the Online Services Act of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended); the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by Hazardous Products of 2 March 2000 (Journal of Laws No. 22, item 271, as amended); the Act on Specific General Terms and Conditions of Consumer Sale and Amending the Civil Code of 27 July 2002 (Journal of Laws No. 141, item 1176, as amended) and other relevant laws of Poland.
Appendix No. 1 to the General Terms and Conditions
The conditions for granting Points in the Online Shop
1. Points may be awarded to these Customers with the Account in the Online Store.
1.1. Customer may be awarded with Points on condition that the Customer place the Order using the Order Form and conclude the Sales Contract being logged into his/her account in Online Store (Customer can log into the Account, both before and during the Orders placing).
1.2. Points are awarded to the Customer for concluded and paid Sale Contracts in the Online Store in accordance with the following conversion rate:
Each 1 polish zloty value of Sale Contract = 1 Point
1.3. Points are calculated based on Sale Contract value in Polish Zlotys, Grosze are not included into the calculation (for example, if the merchandise costs 2,90 zł, the customer will receive 2 points).
1.4. The value of the Sales Contract does not include the delivery costs (if any)
1.5. The value of previously signed Sale Contracts between the Seller and the Customer are not taken into the account if the Customer terminated these Sale Contracts (remotely concluded) in accordance to Customer statutory right without giving any reason (in the Online Store Seller extended the period of the statutory right to terminate contract without a reason from 14 to 30 days).
1.6. In the case Customer terminated the Sales Contract (1), which was already awarded with Points and Points has been used by the Customer for another purchase (Sale Contract (2)), the Seller is entitled to deduct from the refund payment (resulting from termination of Sale Contract (1)) the amount corresponding to the value of points used by the Customer when making new purchase (Sale Contract 2).
1.7. Customer is awarded with the Points automatically after Sale Contract is concluded. Points granted to the Customer are available on the Customer Account within 1 business day from the date of receipt the payment by the Seller under the Sale Contract.
1.8. Points are not awarded in the case of Sale Contracts in which the Customer used Points as a method of payment.
2. Terms of using Points as payment in the Online Store
2.1. Customer holding Points can use them to make a payment under the Sale Contract. In the case of payment with Points the Customer must pay the entire amount arising from the Sale Contract with collected Points, regardless delivery costs for which the payment should be made using other payment methods available in the Online Store.
2.2. Points collected by the Customer can be checked in the Account panel in the " Loyalty program" section. The client who intends to make a payment with Points should select the respective option in the Order Form and should indicate the amount of Points which Customer wants to use for payment under the Sales Contract (the Customer can use all collected points or only part of them. The Customer shall pay the whole value of Sale Contract with Points, excluding cost of delivery). Sale Contract amount will be then automatically reduced by the amount related to Points value, which were used by the Customer.
2.3. Points allow the Customer to make payment under the Sale Contract in accordance with the following conversion rate:
10 points = 1 Polish Zloty value of Sale Contract
3. The Points validity tenor
3.1. The Customer has the right to receive and use points as long as the Customer Account in the Online Store is active.