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General Terms & Conditions

GENERAL TERMS AND CONDITIONS

republicofties.com

13-02-2024

 

  1. GENERAL PROVISIONS
  2. ONLINE SERVICES IN ONLINE STORE
  3. TERMS AND CONDITIONS OF CONTRACTING
  4. METHODS AND CONDITIONS OF PAYMENT
  5. COSTS, TIME AND METHODS OF DELIVERY
  6. COMPLAINTS PROCEDURES
  7. NON LITIGATION SOLUTIONS OF EXAMINATING THE COMPLAINTS AND PROCEEDING WITH THE CLAIMS AND ACCESS POLICY TO THESE PROCEDURES
  8. WITHDRAWAL FROM THE CONTRACT
  9. NON-CONSUMERS RELATED PROVISIONS
  10. PERSONAL DATA POLICY
  11. ILLEGAL CONTENT AND OTHER CONTENT INCOMPATIBILE WITH THE REGULATIONS
  12. MISCELLANEOUS

 

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: team@republicofties.com.

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).

1.3. The Service Provider is a controller with respect to any personal data processed under these General Terms and Conditions. Personal data are processed for the purposes, to the extent and in compliance with the rules set forth in the privacy policy published on the Online Store website. The privacy policy includes inter alia the rules governing the processing of the personal data by the Service Provider in the Online Store, including:

- the principles, aimes, scope of the personal data processing, 

- the rights of the persons who are the owners of the personal data being processed,

- information regarding cookies and analitic tools.

Browsing, usind and purchasing in the Online Store as well as submitting of the personal data by the persons using the Onlie Store is voluntary. Similarly, the submitting of the personal data by the user or the Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).

1.4. Definitions:

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: team@republicofties.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.

1.5.6. DIGITAL SERVICES ACT, ACT - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27/10/2022, pp. 1-102).

1.5.7. ILLEGAL CONTENT - information which, by itself or by reference to the operation, including the sale of Products or the provision of Electronic Services, is not in accordance with the law of the European Union or with the law of any Member State that is consistent with the law of the European Union, regardless of the specific subject matter or the nature of that right. 

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.

2.1.1.1 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: team@republicofties.com 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.

2.1.2.1. 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.

2.1.3.1. 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: team@republicofties.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.

Cookies and JavaScript enabled in the browser.

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 are set forth in chapter 6. 

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 Autopay S.A. The methods of payment are currently available on the Online Store website and on http://www.autopay.pl

4.1.4.1. The payments settlement via electronic payments and payments by payment card are processed in accordance to the Customer's choice by Autopay.pl:

4.1.4.1.1. Autopay.pl – AUTOPAYS.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.

4.1.4.1. Electronic payment and payment card transactions, as selected at the Customer’s discretion, are processed through AUTOPAY S.A. (autopay.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: team@republicofties.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. COMPLAINTS PROCEDURES 

6.1.The legal basis for and the scope of the Seller’s liability to the Customer are defined in line with generally applicable laws, in particular the in the Polish Civil Code, Consumer Rigths Act Law and in the Act of Rendering Electronic Services dated 18-07-2002 (Dz.U. Nr 144, poz. 1204 ze zm.).

6.2.1. The specific provisions regarding complaints for Product - a movable thing - purchased with the Sale Contract until 31-12-2022 are defined in the Polish Civil Code valid until 31-12-2022 in particular in art. 556-576. The above - mentioned regulation defines the legal basis for and the scope of the Seller’s liability to the Customer, for physical or legal defect (Polish: “rękojmia”). The Seller is obliged to deliver the product without any defects. According to art. 558 § 1 of the Polish Civil Code the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.

6.2.2. The specific provisions regarding complaints for Product - a movable thing (including digital elements) excluding, however, a movable item that serves only as a carrier of digital content - purchased with the Sale Contract from 01-01-2023 are defined in the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sale Contract.

6.1.3. The specific provisions regarding complaints for Product - digital content or digital service or a movable item that serves only as a carrier of digital content - purchased with the Sale Contract from 01-01-2023 or before that date if the Product is or was supposed to be delivered after that day, re defined in the Act on Consumer Rights in the wording applicable from January 1, 2023, in particular art. 43h - 43q of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sale Contract.

 

6.3. The Customer may lodge a complaint via:

6.3.1. Writing form to the following address: Sheep Me Magazyn, Hala D, Rampa 11, Ul. Św. Tomasza 4, 05-840 Brwinów

6.3.2. Electronic form via e-mail to the following address: team@republicofties.com;

6.4. The Product may be sent or returned (as complaint) to the following address: Sheep Me Magazyn, Hala D, Rampa 11, Ul. Św. Tomasza 4, 05-840 Brwinów

6.5. 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 or non-compliance of the Product with the Sale Contract; (2) demand a way to bring the Product into compliance with the Sales Agreement or price reduction or Sale Contract termination (3) the contact details, is recommended to facilitate and accelerate the complaint review process . 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. In the event of a change in the contact details provided by the person submitting the complaint during the consideration of the complaint, he is obliged to notify the Seller about it.

6.6. The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this facilitates and accelerates the consideration of the complaint by the Seller.

6.7. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.

 

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: 

https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

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: kontakt.adr@uokik.gov.pl 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 porady@dlakonsumentow.p, 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

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: Sheep Me Magazyn, Hala D, Rampa 11, Ul. Św. Tomasza 4, 05-840 Brwinów

8.1.2. In electronic form via e-mail to the following address: team@republicofties.com

8.2. Return of the Product - movable items (including movable items with digital elements) as part of withdrawal from the contract may be made to the following address:  Sheep Me Magazyn, Hala D, Rampa 11, Ul. Św. Tomasza 4, 05-840 Brwinów

8.3. An exemplary withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available on the Online Store website in the "Returns" tab. The consumer may use the form template, but it is not mandatory.

8.4. The period of terminating the contract begins:

8.4.1. 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;

8.4.2. for other Sale Contracts – on the date of the Sale Contract

8.5.   In the event of terminating the Sale Contract which was concluded remotely the Sale Contract is considered as not concluded.

8.6. Products - movable items (including movable items with digital elements)

8.6.1. 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 - movable items (including movable items with digital elements) (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. For Products - movable items (including movable items with digital elements) 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.

8.6.2. For Products - movable items (including movable items with digital elements) 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). 

8.7. The Customer is responsible for Merchandise  - movable items (including movable items with digital elements) 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. Products - digital content or digital services:

8.8.1.In the event of withdrawal from the contract for the delivery of the Product - digital content or digital service - the Seller, from the date of receipt of the consumer's statement on withdrawal from the contract, may not use content other than personal data provided or generated by the consumer when using the Product - digital content or digital service - provided by the Seller, with the exception of content that: (1) is useful only in connection with the digital content or digital service that was the subject of the contract; (2) relate only to the consumer's activity when using the digital content or digital service provided by the Seller; (3) they have been combined by the trader with other data and cannot be separated from them or can only be separated with disproportionate effort; (4) they were produced by the consumer jointly with other consumers who can still use them. Except for the cases referred to in points (1)-(3) above, the Seller, at the request of the consumer, provides him with content other than personal data that was provided or created by the consumer when using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from further using the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account, which does not affect the consumer's rights referred to in the previous sentence. The consumer has the right to recover digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable period of time and in a commonly used machine-readable format.

8.8.2. In the event of withdrawal from the contract for the supply of the Product - digital content or digital service, the consumer is obliged to stop using this digital content or digital service and making it available to third parties.

8.9. Possible costs related to the termination of the Sale Contract by the consumer, which shall be borne by the Customer:

8.9.1. In the case of Products - movable items (including movable items with digital elements) 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.

8.9.2. In the case of Products - movable items (including movable items with digital elements) the Customer bears the direct cost of returning the Merchandise.

8.9.3. In the case of a Product - a service whose performance - at the express request of the consumer - began before the deadline for withdrawing from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services fulfilled until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the benefit provided. 

 

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 for which the Customer is obliged to pay the price if the Seller made a full service with the clear and prior 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 and the Customer took note of it; (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 - movable items (including movable items with digital elements)  is non-prefabricated product, manufactured according to the specifications of the Customer or used to satisfy their individual needs; (4) where the Merchandise - movable items (including movable items with digital elements)  supplied is undergoing rapid decay or having a short shelf life; (5) where the Merchandise  - movable items (including movable items with digital elements)  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 - movable items (including movable items with digital elements)  that after delivery, due to their nature, are inextricably linked to other things - movable items (including movable items with digital elements) ; (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 - movable items (including movable items with digital elements)  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 (Polish "towary"), 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 not delivered on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has started the service with the express and prior consent of the consumer, who was informed before the service began that after the performance of the service by the Seller, he would lose the right to withdraw from the contract, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price for which the consumer has expressly requested the Seller to come to him for repair, and the service has already been fully performed with the express and prior consent of the consumer.

8.10.  Since 01-01-2021 provisions of this point 8 relating to the consumer applies as to the Users and Customers who are the persons concluding a contract directly related to its business activity, if the content of this contract shows that the contract does not have a professional character for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.  

9. NON_CONSUMER RELATED PROVISIONS 

9.1     This point 9 and all provisions contained therein are addressed and thus are binding only for the Customer or User who is not a consumer, and from January 1, 2021 and for contracts concluded from that day not also a natural person concluding a contract directly related to its business economic, when the content of this contract shows that the contract not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

9.2.    The Seller has the right to withdraw from the Sale Contract within 14 calendar days from the date of its conclusion. Withdrawal from the Sale Contract in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3.    The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sale Contract.

9.4.    The Service Provider may terminate the contract for the provision of Online Services with immediate effect and without giving reasons by sending the User an appropriate statement.

9.5.    The liability of the Service Provider / Seller towards the User / Customer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sale Contract, but not more than up to the amount of PLN 1,000. The amount limitation referred to in the preceding sentence applies to all claims directed by the User / Customer against the Service Provider / Seller, including non-conclusion of a Sale Contract or claims not related to the Sales Agreement. The Service Provider / Seller is liable to the User / Customer only for typical damages predictable at the time of concluding the contract and is not liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.

9.6.    Any disputes arising between the Service Provider / Seller and the User/Customer will be referred to the court of competent jurisdiction over the registered office of the Service Provider/Seller. 

9.7. The Seller's liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded.
9.8. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.

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 : Sheep Me Magazyn, Hala D, Rampa 11, Ul. Św. Tomasza 4, 05-840 Brwinów

10.4.2. In electronic form via e-mail to the following address : team@republicofties.com;

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. ILLEGAL CONTENT AND OTHER CONTENT INCOMPATIBILE WITH THE REGULATIONS

11.1. This point of the Regulations contains provisions arising from the Digital Services Act regarding the Online Store and the Service Provider. The Service Recipient is generally not obliged to provide content when using the Online Store, unless the Regulations require providing specific data (e.g. data for placing an Order). The Service User may be able to add an opinion or comment in the Online Store using the tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, he is obliged to comply with the rules contained in the Regulations.

11.2. CONTACT POINT - The Service Provider designates the e-mail address team@republicofties.com as a single point of contact. The contact point enables direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Council and at the same time enables service recipients (including Service Recipients) direct, fast and friendly communication with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English for the purposes of communication with its contact point.

11.3. Procedure for reporting Illegal Content and actions in accordance with Art. 16 Digital Services Act:

11.3.1. Any person or entity may report to the Service Provider the presence of specific information that a given person or entity considers to be Illegal Content at the e-mail address team@republicofties.com.

11.3.2. The notification should be sufficiently precise and properly justified. For this purpose, the Service Provider enables and facilitates submission of reports containing all of the following elements to the e-mail address provided above: (1) a sufficiently substantiated explanation of the reasons why a given person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the precise electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) name and surname or name and e-mail address of the person or entity making the report, with the exception of reports regarding information considered to be related to one of the crimes referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement that the reporting person or entity has a good faith belief that the information and allegations contained herein are accurate and complete.

11.3.3. The notification referred to above is deemed to constitute the basis for obtaining actual knowledge or information for the purposes of Art. 6 of the Digital Services Act in relation to the information it concerns, if it enables the Service Provider acting with due diligence to determine - without a detailed legal analysis - the illegal nature of a given activity or information.

11.3.4. If the report contains electronic contact details of the person or entity that submitted the report, the Service Provider shall, without undue delay, send such person or entity confirmation of receipt of the report. The service provider shall also notify such person or entity without undue delay of its decision with respect to the information covered by the report, providing information on the possibility of appealing against the decision.

11.3.5. The Service Provider considers all reports it receives under the mechanism referred to above and makes decisions regarding the information referred to in the reports in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purposes of such consideration or decision-making, it includes information on this subject in the notification referred to in the previous point.

11.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store in relation to information provided by Service Users:

11.4.1. The Service Recipient is bound by the following rules when providing any content as part of the Online Store:

11.4.1.1. obligation to use the Online Store, including posting content (e.g. as part of opinions or comments), in accordance with its intended purpose, these Regulations and in a manner consistent with the law and good practices, taking into account the respect for personal rights and copyrights and intellectual property Service providers and third parties;

11.4.1.2. the obligation to enter content consistent with the facts and in a non-misleading manner;

11.4.1.3. prohibition on providing illegal content, including the prohibition on providing Illegal Content;

11.4.1.4. prohibition on sending unsolicited commercial information (spam) via the Online Store;

11.4.1.5. prohibition on providing content that violates generally accepted rules of netiquette, including content containing vulgar or offensive content;

11.4.1.6. the obligation to have - if necessary - all required rights and permissions to provide such content on the Online Store's websites, in particular copyrights or required licenses, permissions and consents for their use, dissemination, sharing or publication, especially the right to publish and dissemination in the Online Store and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties.

11.4.1.7. the obligation to use the Online Store in a way that does not pose a threat to the security of the IT system of the Service Provider, the Online Store or third parties.

11.4.2. The Service Provider reserves the right to moderate the content provided by Service Users to the Online Store website. Moderation is carried out in good faith and with due diligence and on the Service Provider's own initiative or upon a received report in order to detect, identify and remove Illegal Content or other content inconsistent with the Regulations or to prevent access to them or to take the necessary measures to meet the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act or the requirements contained in the Regulations.

11.4.3. The moderation process may be performed manually by a human or based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content inconsistent with the Regulations. After identifying such content, the Service Provider decides whether to remove or prevent access to the content or otherwise limits its visibility or takes other actions it considers necessary (e.g. contacting the Service User to clarify reservations and change the content). The Service Provider will, in a clear and easily understandable way, inform the Service User who provided the content (if we have his contact details) about his decision, the reasons for making it and the available options for appealing against this decision.

11.4.4. When implementing its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legally justified interests of all parties involved, including service recipients, in particular taking into account the rights set out in the Charter of Rights. fundamental rights of the European Union, such as freedom of expression, media freedom and pluralism and other fundamental rights and freedoms.

11.5. Any comments, complaints, complaints, appeals or reservations regarding decisions or other actions or lack of actions taken by the Service Provider based on the notification received or the Service Provider's decision made in accordance with the provisions of these Regulations may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations. Using this procedure is free of charge and allows you to submit complaints electronically to the provided e-mail address. The use of the complaint procedure is without prejudice to the right of the person or entity concerned to bring proceedings before a court or other rights.

11.6. The Service Provider will consider any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of actions taken by the Service Provider on the basis of the notification received or the decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information referred to in the complaint is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant's action was not justifies the measure taken, the Service Provider shall without undue delay repeal or change its decision to remove or prevent access to the content or otherwise limit its visibility or take other actions it deems necessary.

11.7. Service Recipients, persons or entities who have reported Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any extrajudicial dispute resolution body certified by the digital services coordinator of a Member State in order to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Service Provider's internal complaint handling system.

12. MISCELLANEOUS 

12.1. 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.

12.2. Amendment to these General Terms and Conditions:

12.2.1. 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.

12.2.2. 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.

12.2.3. 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.

12.3. 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.

 

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