Article 1. Basic Definitions
Article 2. General
Article 3. Rules of Purchase and Order Performance
Article 4. Delivery
Article 5. Payment Methods
Article 6. Warranty
Article 7. Withdrawal
Article 8. Complaint Procedure
Article 9. Out-of-court Methods of Complaint Processing and Lodging of Claims
Article 10. Final Provisions
These Rules and Regulations stipulate the method of concluding sale agreements via the aforementioned website, the principles of performing these agreements, including deliveries, rights and obligations arising out of applicable law, the manner of withdrawing from the agreement, and complaint procedure. The Rules and Regulations consist of four main parts:
- in §1-2 - general provisions of the Rules and Regulations;
- in §3-5 - description of the process of Commodity purchase;
- in §6-9 - regulations concerning the identification of defects of Commodities and the right to withdraw from the agreement;
- in §10 - all other stipulations.
Article 1. Basic definitions
- Online store – http://www.201respect.com/
- Seller – 201 Respect Sp. z o.o., NIP (tax identification number): PL6772438805, REGON (statistical number): 381444204, KRS (National Court Register) No.: 0000750721, registered office: 30-222 Kraków, ul. Morelowa 1/3
- Address of the Seller – whenever reference is made in these Rules and Regulations to the address of the Seller, this should be understood as the following details:
- correspondence address: 05-420 Józefów, ul. Rolnicza 28
- e-mail address: email@example.com
- Customer – a natural person with full capacity to perform legal transactions and in cases provided for in generally applicable provisions of law also a natural person with limited capacity to perform legal transactions, a legal person or organisational entity without legal personality which gains legal capacity by law or intends to conclude a sale agreement.
- Consumer – Article 221 of the Polish Civil Code: a natural person who performs a legal transaction with the Seller which transaction is not directly related to their business or professional activity.
- Sale Agreement – sale agreement of the Product placed on the website of the online store, concluded or to be concluded by and between the Customer and the Seller via the Online Store.
- Commodity – Product, movable item purchased by the Customer via the Online Store, i.e. women's and men's clothing, women's and men's shoes, accessories.
- Order – Customer's statement of intent, placed via the Online Store, which specifies the kind and quantity of Commodity from the assortment of the Online Store at the time of placing an order, payment method, method of delivering Commodities, place of Commodity handover, and Customer's particulars.
- Order Form – electronic service, form on an electronic carrier available in the Online Store, which makes it possible to place the Order and have it performed, e.g. by adding Products to the electronic cart, specifying the term of the Sale Agreement, including method of delivery and payment.
- Order performance timing – time of preparing an order of the Online Store's Customer, packing, stamping by the Seller and handing over for delivery using the delivery form selected by the Customer.
- Business Day – one day from Monday to Friday, excluding bank holidays.
- Act on Consumer Rights, act – Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827 as amended).
Article 2. General Provisions
- By placing an order with the Store, the Customer has an opportunity to read the Rules and Regulations and accepts the contents thereof by marking the relevant field in the form. The acceptance of the rules and regulations is necessary for placing an order. Please be informed that the conclusion of the Sale Agreement via the Internet and the acceptance of rules and regulations entail an obligation to pay for the ordered Commodity.
- The data controller uses the suitable technical and organisational measures to ensure personal data protection proportionate to the threats and categories of protected data. The controller mainly protects data against being made available, taken, processed, lost, changed, destroyed or damaged by unauthorised persons. The detailed scope of protection has been specified in accordance with the requirements of the Personal Data Protection policy (security policy, rules and regulations of personal data protection, IT system management instructions).
- The Controller of your personal data is 201 Respect Sp. z o.o., 30-222 Kraków, ul. Morelowa 1/3, NIP (tax identification number): PL6772438805, REGON (statistical number): 381444204, KRS (National Court Register) No.: 0000750721, e-mail: firstname.lastname@example.org
- Each data subject has a right to:
- supervise and control the processing of personal data for which the seller keeps the set of store customers' data;
- obtain exhaustive information on the existence of the set and its keeping by the seller;
- determine who the data controller is, identify their address, registered office, name when the controller is a natural person - identify their first and last name and address of residence;
- obtain information on the purpose, scope, method, and time of processing the data included in the data set;
- obtain information in a commonly comprehensible form of data content;
- know the source of data concerning the data subject unless the data controller is obliged to keep the secrecy of classified information or trade secret in this respect;
- request that personal data be supplemented, updated, rectified, request its temporary suspension or removal if the data is incomplete, outdated, false or has been gathered with the breach of the act or is redundant for the purpose for which it has been collected.
- In accordance with item 6, the customer is entitled to view the content of processed personal data, to have it rectified, and to request the deletion of the data. The controller of personal data is obliged to supplement, update, rectify data, to suspend processing temporarily or permanently, or to delete it from the set on an ongoing basis and immediately upon reporting unless the request concerns personal data as to which the method of supplementing, updating or rectifying is specified in separate legal provisions, including acts of law.
- In the process of order finalisation, the customer consents to the collection and processing of personal data by the Seller within the meaning of the Personal Data Protection Act. The data may be transferred to another entity only in the situation when this is required by law or necessary for the performance of the order placed.
- The Customer using Seller's Services performed via the Online Store is obliged to comply with these Rules and Regulations in the scope necessary for the performance of the placed order and to the extent which is not in contrast to applicable law or principles of community life.
- The Seller of the Online Store represents that the Commodities available and sold in its Online Store are new, usable, and safe goods free of physical and legal defects. Commodities fully correspond to properties shown and described on the website of the Online Store.
- All Commodities on sale in the Online Store have been marketed in European Union legally and in a manner compliant with legal provisions. Information on the Commodities on the website of the Online Store encourages the user to conclude a sale agreement within the meaning of Article 71 of the Polish Civil Code act of 23 April 1964.
- All prices of Products/Commodities given on the website of the Online Store in the European currency (EUR) are inclusive of VAT and other elements required by law.
- NOTE: The prices of Commodities given on the website of the Online Store do not include delivery costs, which are added at the stage when the Customer selects the delivery method of the ordered Commodity.
Article 3. Rules of purchase and order performance
- The Online Store sells commodities electronically but the completion of the online order form is the condition of concluding the sale agreement. The conclusion of the agreement is voluntary.
- Only adults (i.e. individuals who are at least 18 years of age in light of Polish law) may buy in the store.
- The sale agreement is concluded electronically by giving the Customer an order form to complete. The agreement is concluded for a definite term as soon as the Customer has commenced completing the form and is terminated the moment the Customer has abandoned completing the form or the completed Seller's form has been sent. The process of completing the order form is organised so that each Customer has a possibility to read it before making a decision on the conclusion of the agreement or amendments to it.
- The service specified in item 1 is provided free of charge but it may require access to the Internet.
- Electronic order may be placed 24 hours a day 7 days a week.
- When finalising purchase, the Customer chooses the option "I consent to the processing of my personal data included in the order form by the store for the purpose and in the scope necessary for order performance." in the relevant field in the order. The consent is necessary for concluding the agreement. The furnishing of your personal data is necessary for placing an order. Failure to provide personal data will be synonymous with withdrawal from the agreement.
- Customer's costs related to Internet access and data transmission are borne only by the Customer, in accordance with the tariff of the supplier with whom the customer has signed an agreement on Internet services.
- For the conclusion of a valid and binding Sale Agreement, the Customer will make a choice, as displayed in the offering of the Online Store, by specifying the quantity of Commodity they intend to purchase and, if it is possible, by indicating the feature of the Product and its suitable specification. Along with the selection of Commodity, the Customer shall fill in the online order form and shall indicate in it the data necessary for the performance of the order by the Seller, such as quantities, place of delivery, and methods of payment, based on the messages displayed to the Customer and information available on the website and included in these Rules and Regulations.
- If the Seller enables the option of ordering Commodity made upon Customer's individual order, the Customer will send, along with an online order form, content necessary for making the Commodity, i.e. text, graphic design, dimensions, etc., in accordance with technical requirements given in the description of Commodity or will select the appropriate specification of Commodity from the variants of available configuration of Commodity given by the Seller.
- Upon the receipt of the order, the Seller sends to the Customer a declaration on order acceptance (which is also order confirmation) via e-mail to the address given when placing an order. The sale agreement is concluded upon the receipt of the message by the Customer.
- The message which sums up and confirms the order contains all previously agreed terms of the sale agreement, in particular, quantity and kind of Commodity ordered, specification of Commodities if Commodities of individual properties specified by the Customer of the Online Store are ordered, total price to pay (in EUR) along with shipment costs and value of discounts granted (if applicable).
- If the Customer has more discounts from several sources/promotions, they are combined/summed up only when this is expressly specified in the Rules of the Promotion. In the absence of a provision concerning the method of combining various promotions/discounts, only one discount (one promotion) may be chosen for the given purchase.
- The Seller performs Customer's orders in a reliable manner in the order in which they are received but each order is very important to us and is treated as a priority!
- The order completion timing for a single Customer is from 1 to 5 business days counted from the receipt date of confirmation by the customer. For products marked as available "upon order", the delivery timing is specified on the product website. Order execution timing includes mainly the time of order preparation (order picking, packing, handing over to the courier, and in selected cases also the making of Commodity). The order delivery timing depends on the selected method of delivery, which may change depending on the kind of means of transport chosen by the Customer.
- In exceptional circumstances or if there is no option to perform the order within the timeframe given in item 2, the Seller will promptly contact the Customer to determine the further procedure, including a different date of order completion, change of delivery method.
Article 4. Delivery
- The Commodities are delivered via DHL or in any other way accepted by the parties where it is not associated with excess or unreasonable costs to be borne by the Seller and the Customer.
- The ordered Commodities are supplied as chosen by the Customer or directly to the Customer's address given in the online form for the order placed and confirmed by the Customer as the address for shipment.
- The Commodities are always packed in a way which is appropriate to its properties so that the Commodities do not get damaged, lost or destroyed in transit.
- The Customer is informed about delivery costs on a current basis, the costs are shown when completing the online order form. Shipment costs are fixed and do not change depending on the properties of commodities.
Article 5. Payment Methods
- The Seller will make it possible to make prepayment for the ordered Commodities to the following bank account: 89249000050000460060532159
- Electronic payment by online transfer of electronic banking via PayU online payment service.
- The Seller will document the sale of Commodities as required by the Customer with either a proof of purchase or VAT invoice. The proof of purchase or VAT invoice is supplied to the Customer together with the ordered Commodities. The Seller may issue a VAT invoice on all Commodities ordered in the Online Store.
Article 6. Warranty
- The delivery of Commodity under the warranty for defects is performed at the Seller's expense.
- The Seller is responsible under warranty if a defect is detected before the lapse of two years of the date of handing over Commodity to the Consumer. The Seller is responsible to the Consumer if consumer Commodity was non-compliant with the agreement when being handed over, or has physical or legal defects. The Seller is responsible for non-compliance of consumer Commodity with the agreement if it is detected before the lapse of two years of the hand-over of Commodity to the Buyer; in case Commodity is exchanged, the period runs anew. Physical defect means non-compliance of the sold item with the agreement. In particular, the sold item is non-compliant with the agreement if:
- it does not have a property an item of this kind should have, considering the purpose identified in the agreement or resulting from circumstances or intended use;
- it does not have a property of the existence of which the Seller assured the Buyer, including by presenting a sample or pattern;
- it is not fit for the purpose about which the Buyer informed the Seller when concluding the agreement where the Seller has not made any reservation as to this intended use;
- it has been handed over to the Buyer incomplete.
- Notification of the defects in Commodity should be sent to the Seller via e-mail or to the Seller's mailing address (see: Article 1 item 3.: "Seller's Address”). If the consumer has problems constructing the notification of defects in Commodity, the notification may be sent, for example, on the form given in Attachment No. 2 to these Rules and Regulations; this only facilitates the complaint procedure but is not a requirement for the aforementioned model of the complaint to be effective.
- The customer is obliged to deliver the defective commodity to the seller's address in each case for the assessment of its defects. The commodity should be delivered to the registered address of the Seller (see: §1 item 3.: "Seller's Address”).
- The Seller replies to Consumer's notification promptly, but no later than within 14 calendar days of receipt. Failure to process the notification within the specified time limit is synonymous with it being accepted by the Seller and deemed as justified.
- The Seller covers the costs of Commodity receipt, delivery, elimination of defect or defects, and replacement of Commodity with a new one.
Article 7. Withdrawal
- In accordance with legal provisions, the Customer who is a Consumer is entitled to withdraw from the distance agreement without reason as per Article 27 of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827 as amended).
- Withdrawal from the agreement is possible within 14 calendar days of taking Commodities into possession by the Customer who is also a Consumer or by a third party indicated by them, other than the carrier.
- When the Customer who is a Consumer withdraws from the agreement, it is deemed not concluded and the Consumer is released from all obligations. The mutual performances of the parties are to be returned unchanged unless the change is necessary within the limits of ordinary course of business. The return must be immediate, no later than within fourteen days.
- The Customer who is also a Consumer may withdraw from the agreement by making a declaration on the online form given in attachment No. 1 hereto by sending it via e-mail or to the mailing address of the Seller as chosen by the Customer. Attachment No. 1 is only to aid in the withdrawal from the agreement but is not a model which necessarily needs to be used to exercise your right of withdrawal. The Customer may but need not exercise this right. For the withdrawal to be effective, a written declaration must be sent to the Seller's address. (see: §1 item 3.: "Seller's Address”).
- For keeping the timeframe given in item 2, it is enough to send the Customer's declaration of withdrawal from the agreement before its expiry.
- The Seller will confirm the receipt of the declaration of withdrawal from the agreement and will appropriately inform the Customer of the further procedure, including the method of Commodity return as well as will provide answers to questions.
- The Seller will promptly, no later than within 14 calendar days of the receipt of Customer's declaration of withdrawal from the agreement, refund all payments received from the Customer, including the costs of delivery. The Seller shall reimburse payments using the same payment method as the one used by the Customer unless the Customer has expressly consented to a different method of reimbursement, resulting in no costs on the User's part.
- If upon receiving the Customer's consent the Seller has not obliged itself to collect the Product from the Customer on its own, the Seller may withhold reimbursement of the received payments, including shipment costs, until the receipt of the Commodity return or the delivery of the confirmation of its return sent by the Customer, whichever occurs earlier.
- The Customer is obliged to return the item immediately to the Seller or to hand it over to a person authorised by the Seller but no later than within 14 calendar days of the date of withdrawal from the agreement unless the Seller has proposed to collect the Commodity on its own. The timeframe shall be observed if the Commodities have been sent back prior to the expiry of the timeframe.
- The Customer who is a Consumer bears only the costs of the return of Commodity.
- The Consumer is entitled to withdraw from the distance agreement without reason and with no costs, except for costs specified in Article 33 and Article 34 of Consumer Law.
- Commodities should be supplied to the Seller's Address (see: §1 item 3.: "Seller's Address”).
- The Consumer shall be held liable for decreased value of an item as a result of its use in a manner which exceeds the scope necessary for assessing the nature, features and functioning of the Commodities. This means that the Buyer has a right to assess and check the Commodity but only in the same manner as in a traditional store (or to check if it is complete and check its technical parameters). The Consumer may not use items normally or otherwise when withdrawing from the agreement they may be burdened with additional costs of decreasing its value.
- The Customer will not be entitled to withdraw from the agreements specified in Article 38 of the Act on Consumer Rights of 30 May 2014, for example in case of:
- the provision of services if the business performed the service fully with the express consent of the Consumer who was informed before the commencement of service that they would lose the right to withdraw from the agreement upon the performance of service;
- when the price or remuneration depend on fluctuations in the financial market over which the business has no control and which may occur before the expiry of the timeframe for withdrawal from the agreement;
- when the object of service is a non-prefabricated item manufactured in accordance with the Consumer's specification or used to satisfy their individualised needs;
- when the object of service is a perishable item or an item with a short expiry date;
- when the object of service is an item supplied in sealed packaging which, after opening the package, may not be returned for health or hygienic reasons, if the packaging was opened after delivery;
- when the objects of service are items which, after delivery, are intrinsically linked with other items due to their nature.
Article 8. Complaint Procedure
- In order to file a correct complaint, the Customer should specify their first and last name or name of the company, address of residence or registered address of the company and e-mail address, object of complaint, if possible also order number and time period to which the complaint refers, circumstances that justify the complaint (description) or features the ordered Commodities are not characterised by but should be as per the Seller's assurances or presentation to the Customer.
- If the Customer is a Consumer, they may require that the Commodities be replaced or the defect be removed unless it is impossible to bring the item to compliance with the agreement or it would require excess costs in comparison to the method proposed by the Seller.
- In the absence of a given model in the warehouse when defects are important, the Seller will reimburse the price paid by the customer.
- When assessing if costs are excess, the value of a defect-free item, kind and importance of defect detected are taken into consideration as well as inconvenience which would be caused to the Customer by other satisfaction method.
- If separate provisions do not provide otherwise, the business is obliged to respond to consumer's complaint within 14 days of receipt. If the business does not respond within the above timeframe, it is assumed that the complaint has been recognised. A reply to complaint will be transferred by the business to the consumer in writing and if the consumer consents - on another permanent carrier (USB stick or CD/DVD) or via e-mail.
- If the complaint is not processed within the agreed timeframe, it should be considered recognised by the Seller. If not processed in a timely manner, the withdrawal from the agreement claim is not synonymous with the recognition of the filed complaint.
Article 9. Out-of-court Methods of Complaint Processing and Lodging of Claims
- Information on out-of-court methods of complaint processing and lodging of claims and principles of accessing these procedures are available in offices and on websites of poviat (city) consumer rights advisors, social organisations whose statutory duties include consumer protection, Province Inspectorates of Trade Inspection and on the following sites of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
- The Consumer has the following options of out-of-court methods of complaint processing and lodging of claims:
- addressing the Province Inspector of Trade Inspection with an application for instigating mediation proceedings to resolve a dispute amicably.
- addressing the regular arbitration Consumer Tribunal operating with the Province Inspector of Trade Inspection with an application for resolving a dispute arising out of the concluded agreement, URL: www.uokik.gov.pl/wazne_adresy.php.
- applying for free legal assistance, for example, to the National Consumer Agency (Federacja Konsumentów) - website: www.federacjakonsumentow.org.pl.
- The European Consumer Centres Network helps resolve transborder disputes. Addresses of these institutions are available on the website of the European Consumer Centre Network www.konsument.gov.pl.
- The Consumer may also use the online dispute settlement platform (ODR platform), in accordance with the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). ODR (online dispute resolution) available at http://ec.europa.eu/consumers/odr/. The European ODR platform is a common access point for consumers and businesses, allowing for out-of-court settlement of disputes concerning contractual liabilities arising out of the concluded online sale agreement: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
- The use of out-of-court processing of complaints and lodgement of claims is voluntary and may only take place when both parties to the dispute (the Seller and the Buyer) consent to this.
Article 10. Final Provisions
- The online store respects all Customers' rights provided for in applicable provisions of law.
- If in accordance with applicable provisions of law, more favourable obligatory regulations required by law than those included in these Rules and Regulations are applicable to Customers who are also consumers, the relevant provisions of the Rules and Regulations will be directly superseded by specific norms of applicable law and therefore they will be binding upon the owner.
- All content given on the website of the Online Store (including graphic design, texts, website layout and logotypes) make use of protection typical of copyrights and is the exclusive property of the Seller. The use of the content without Seller's written consent results in civil and criminal liability.
- As the controller of personal data, the store owner informs that:
- the provision of data is always voluntary but necessary for the performance of the order;
- the person who gives his or her personal data has an unlimited right to access all content of his/her data and to have it rectified, deleted (right to be forgotten), to restrict its processing, the right to transfer data, the right to withdraw consent at any time without an influence on the lawfulness of processing; data may, however, be made available to the relevant state authorities in case this is required by the relevant provisions.
- the basis of personal data processing will be Article 6(1a) and the content of the General Data Protection Regulation;
- personal data will be stored and processed for the period necessary for the completion of processing and performance of the order but no longer than for 3 years (2 years is a period for making complaints and 1 year for possible other claims and extraordinary situations)
- a data subject may complain to the Personal Data Protection Office in case they find that the processing of personal data concerning the performance of the order breaches the provisions of the General Data Protection Regulation of 27 April 2016,
- In the scope of personal data protection in the store, the European Commission has not detected the relevant degree of protection by way of its decision but the data will be secured in an appropriate manner using IT/legal solutions and measures.
- Your data will be processed in an automated manner, also by way of profiling.
- In other matters which are not governed herein will apply the relevant provisions of Polish law, in particular:
- The Act on the Protection of Certain Consumer Rights and Liability for Damage Caused by a Hazardous Product of 2 March 2000 (Journal of Laws 2000, No. 22, item 271 as amended);
- The Act on Special Terms of Consumer Sale and Amendment to the Polish Civil Code of 27 July 2002 (Journal of Laws 2002, No. 141, item 1176 as amended);
- The Polish Civil Code act of 23 April 1964 (Journal of Laws 1964, No. 16, item 93 as amended);
- The Act on Electronic Services of 18 July 2002 (Journal of Laws 2013, item 1422);
- The Industrial Property Law act of 30 June 2000 (Journal of Laws 2001, No. 49, item 508 as amended);
- The Act on Copyrights and Related Rights of 4 February 1994 (Journal of Laws 2006, No. 90, item 631 as amended);
- The Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827).
- The amended Rules and Regulations are binding upon Customers if the requirements specified in Article 384 of the Polish Civil Code have been met (i.e. the Customer has been duly notified of changes).
- The Seller reserves a right to amend the Rules and Regulations for important reasons, i.e.:
- change of legal provisions;
- change of payment and delivery methods;
- change of currency exchange rates,
- change of the method of providing services covered by the rules and regulations electronically,
- change of Seller's data, including e-mail address or telephone number.
- Amendments to the Rules and Regulations do not have an influence on the orders already placed and performed; these are governed by the rules and regulations applicable as at the date of placing an order. The Seller will notify the intention of change on the website of the store at least 30 days in advance. If the amended rules and regulations are not accepted, the Customers of the store may terminate the agreement with immediate effect within 30 days of the receipt of the message.
- Disputes arising out of the performance of services based on these Rules and Regulations will be settled by a common court chosen by the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
- Attachments to these Rules and Regulations constitute their integral parts.
- The sale agreement is concluded in English, with the contents compliant with the Rules and Regulations.
- Clients of the Store may gain access to these Rules and Regulations at any time using the link on the main page of the website and downloading and printing the document, but its commercial use is restricted and protected by Kancelaria Prawna LEGATO.
- The Rules and Regulation shall take effect as of 20/04/2019.
Note on Copyrights to Rules and Regulations
The owner of all copyrights to the model of these Rules and Regulations is Kancelaria Prawna LEGATO, which has granted a non-exclusive and non-transferable right to use this document for purposes associated with our own online business and extends legal protection of the document for the term of the agreement. The copying and dissemination of the model of these Rules and Regulations without the consent of Kancelaria Prawna LEGATO is prohibited and may entail both criminal and civil liability. Online sellers may find out more about the possibility of using the model Rules and Regulations at http://www.kancelaria-legato.pl