ONLINE SHOP REGULATIONS
I. GENERAL PROVISIONS
- The regulations define the terms and conditions for the Users, including Buyers, how to operate the Shop managed by the Seller
- The regulations are available at all times on the Shop website in a way which allows the Users to acquire, read and fix their content.
The terms used in the Regulations shall mean:
- Seller: Marcin Uszak with the office in Poland, 66-400 Gorzów Wielkopolski, ul. Marcinkowskiego 10h/8, tax identification number NIP: PL5992781700, who sells goods or provides services within his Shop business activities.
- Shop: a set of web pages and IT tools (the website) managed by the Seller, which allow the Users to conclude Contracts of sale or Contracts for provision of services, accessible at the internet domain: brandshoes.eu
- Buyer: The User who concluded a Contract of sale or a Contract for provision of services within the Shop.
- Contract of sale: The contract concluded in the Shop, under the terms and conditions resulting from the Regulations, between the Seller and the Buyer, in which sale of items for the Buyer is the subject matter.
- Contract for provision of services: The contract concluded in the Shop, under the terms and conditions resulting from the Regulations, between the Seller and the Buyer, in which provision of service(s) for the Buyer by the Seller is the subject matter.
- Contract: includes a Contract of sale and a Contract for provision of services.
- Regulations: These Regulations of the Shop.
- Materials: information included on the web pages of the Shop, including names and descriptions and images and illustrations of the items, as well as markings of the producers of goods.
- User: any internet user using the Shop who acquires or intends to acquire goods or services presented by the Seller in the Shop.
- Newsletter: the service provided by the Seller, which consists in sending information by electronic mail, including trade information, in particular related to the Seller and its products, the electronic sale industry, new offers, promotions and trade offers.
III. GENERAL TERMS AND CONDITIONS FOR USING THE SHOP
- With the online shop on the website at the address: brandshoes.eu, the Seller enables internet shopping. To make a purchase, a product (model, size) has to be selected, added to the “basket”, the “Order and Pay” button pressed, and the order form filled in.
- Selling brand shoes is the subject matter of shop activities. Products sold in the shop are allowed for trading in Poland. The producer of the given goods and other necessary information are stated in the description of each product.
- The online shop is managed within business activities under the firm of the Seller: Marcin Uszak, ul. Karola Marcinkowskiego 10H lok. 8, 66-400 Gorzów Wielkopolski, Poland, tax identification numer NIP PL5992781700, REGON 080064236 entered in the Central Business Operations Register and Information ( CEIDG).
- When the goods are shipped with the COD option, products ordered before 13:00 shall be sent on the same day, and when the product is ordered after 13:00, it shall be sent on the next business day after reception of the order, and if payment is made into the bank account, on the date of reception of the transfer.
- The confirmation sent from the shop to the Client is the time of conclusion of the contract.
- The content of the contract of sale is fixed in the IT system, in the form of making these regulations accessible in the shop site and sending its content to the client.
- The date of collection of the package by the client is the time of execution of the contract of sale concluded in this form by the online shop.
- The seller is obliged to deliver a defect-free product to the Client.
- The information about guarantee is presented in the guarantee document. Execution of the procedures is presented in the guarantee document.
- The client can become acquainted with the code of good business practices. The code of good practices is presented in the act of 23 August 2007 on preventing unfair market practices. The current wording of the Act is available at http://isap.sejm.gov.pl/
- The contract concluded between the Seller and the Client is effective as of the date of its conclusion until its execution, which means collection of the product by the Client.
- The Client (consumer) is obliged, at the time of conclusion of the contract, to pay for the product which is the subject matter of the concluded contract.
- In a dispute with the Seller, the Client (consumer) can amicably settle the case by way of: a) application to the regular consumer arbitration court, b) mediation, c) application to the province Trade Inspection inspector, d) obtaining free help on settlement of the dispute from the Federation of Consumers via a toll-free phone line – +48 0800 007 7070
- Client (consumer): an entity who makes any purchase not related to his /her business or professional activities.
- Client: an entity who makes any purchase in the shop, including the one who makes it in reference to the conducted business or professional activities or any Client (consumer) referred to above.
- The shop is open on business days from Monday to Friday from 09:00 to 17:00.
- The user may use the Shop through devices communicating with the internet (computer, phone) with a web browser.
- Using by the User of the name of the Seller, of the logo of the Shop, Materials and components of the Shop other than Materials (including graphical elements of the Shop and the layout and structure of the Shop is forbidden, except for situations clearly stated in the Regulations or when using the objects of copyright and industrial property rights in this clause is possible on the basis of clear written consent of the Seller or authorised third entities.
IV. REGISTRATION IN THE SHOP
- If you want to be a regular client of our online shop, you can register. This will save you from painstaking entering contact details and delivery details during your regular purchases. Filling in the fields of the form marked as obligatory is the condition of the proper registration. These are: first and last name, city, postal code and address, email address, telephone number, country and statement of the method of delivery and payment for the placed order.
- Users can:
- Use the Shop, including conclusion of Contracts, without the necessity of registration, or
- Register in the Shop with access details of the User (login and password) from the Shop account.
- Conclusion of the Contract without prior registration in the Shop is possible after jointly meeting the following conditions:
- The proper filling in of the electronic online form available on the Shop website by way of entering the required details
- Acceptance of the Regulations.
- On registration, the User account is created in the Shop which constitutes a set of resources with the information about the User and about his/her activities in the Shop in reference to the concluded Contracts. Within his/her account, the User can, among others, access the history of his orders in the Shop.
V. PLACING ORDERS IN THE SHOP: CONCLUSION OF THE CONTRACT
- Before placing the order, the User shall add goods or service of his/her choice in the virtual basket. The virtual basket is a tool which allows the User aggregation of the selected goods/services before purchase, recalculation of the value of the goods/services stored in the basket and recalculation of delivery costs. During the selection of goods/services, the User may freely manage the content of the basket by way of adding further goods/services to the basket or removing items from the basket.
- The basic condition to process the purchase is the correct filling in of the order form provided by the shop by the Employer.
- The email address and the telephone number given by the User may be used to process the orders placed.
- If the Seller cannot perform the service because the product is not available, he shall notify the Client about it within 30 days of the conclusion of the Contract at the latest. The Client shall make the decision about the order placed. The Client may state any additional time limit for the execution of the order.
- In case of incorrectly filled in forms, as far as it is possible, the shop, with the correct contact details, shall inform the buyer about the incorrectly filled in form and about lack of possibility of execution of the order.
- The purchased products shall be delivered at the address stated in the order form.
- The Client is entitled to select the method of delivery in accordance with the order form.
- The buyer shall cover the costs of delivery of the package. In specified cases, if the online shop allows it, the shop may be charged for the delivery of the ordered goods. This information is available each time upon ordering and confirmed after placing the order by the client.
VI. CANCELLING THE ORDER
- The order may be cancelled by a phone call or by an email message, with the order ID stated. Cancelling the order is effective on its execution.
VII. TERMS OF PAYMENT AND DELIVERY
- Prices on the online shop are gross prices (VAT tax included) and are given in GBP, according to the preference of the client. Prices are recalculated using the national exchange rate in force at the given date.
- Products are sent through the carrier selected by the client. Prices and carriers are stated on the shop page in the tab of payments and delivery.
- The client shall select the method of payment for the ordered product during the placement of the order. Payment for the goods should be done, as far as it is possible, immediately after the order in case of payment by a bank transfer, or on collection of the product when this method is selected.
- The execution time of the order is the time after which the package reaches the Client. This time includes the execution time and the time necessary for the carrier to deliver the package at the address stated. The estimated execution time is from 1 to 2 business days.
- Each user registered in our shop as a Client or Subscriber is included in our Users database. The Shop may send messages without notice to the persons whose contact details are in its disposal and who expressed consent to receive the Newsletter. We are not sending emails to persons who are not in our database: we do not use so-called spamming messages. If you received an email message with information about new items or promotions, it means that you are in our database and you accept its reception. If you do not want to receive such messages in the future, simply inform us about it, stating your LOGIN, STATUS (Client, Subscriber) and, as far as it is possible, the approximate date of registration in the website.
IX. PERSONAL DETAILS
- The administrator of personal data provided by the Buyer when using the Store is the Seller.
X. GUARANTEES AND COMPLAINTS
- Guarantee for any consumer goods sold does not exclude, limit or suspend rights of the buyer resulting from warranty.
- The items offered on the online shop are covered with a 24-month guarantee of the producer.
- If your received product has technical defects, was damaged during the delivery or is different from the one ordered, the Client (consumer) is entitled to file a complaint under warranty or guarantee.
- If it is possible, enclosing the order ID with the product under complaint is recommended to facilitate identification of the client (consumer).
- The product under complaint, along with contact address and telephone number and, as far as it is possible, the description of the defect, should be sent to: Marcin Uszak, ul. Marcinkowskiego 10h/8, 66-400 Gorzów Wielkopolski, Poland.
- The complaint shall be examined and responded to within 14 days, and the client shall be informed about the result of its processing.
- The Client is entitled to request having the goods arranged to the condition compliant with the contract by way of free repair, replacement, price reduction, or to withdraw from the contract.
- If the Seller cannot meet the request of the client (consumer), he shall always inform about the cause and methods of the proposed solution.
XI. RETURNS: WITHDRAWAL FROM THE CONTRACT
- The Client (consumer) is entitled to withdraw from the contract without stating reasons within 14 days of receiving the package, without incurring costs, except for those stated below.
- The costs which are incurred by the Client (consumer), as referred to in clause 1 above, include: a) If the Client (consumer) does not select a cheaper method of delivery presented in the shop page, the Client (consumer) shall be refunded the equivalent of the cheapest method of delivery. b) The costs of directly returning the goods to the shop shall be incurred by the client. c) incurring liability for damages in case of reduction of the value of the goods for the seller.
- To observe the time limit, sending the statement before its expiry will be sufficient, to the email address: firstname.lastname@example.org, or by mail to the address of the shop. Sample statements may be downloaded here: Notice of withdrawal from the contract Notice of withdrawal from the contract
- The contract shall be regarded as not concluded, and whatever the parties mutually provided shall be returned in unchanged condition.
- The return should occur immediately, at the latest within 14 days of the date of withdrawal from the contract, to the address of the shop: Marcin Uszak, ul. Marcinkowskiego 10h/8, 66-400 Gorzów Wielkopolski, Poland.
- Along with the returned product, you are requested to state the account into which the Shop is to transfer the amount due.
- The Seller is entitled to withhold returning the service towards the client (consumer) until the time of receiving the product from him / her or the confirmation of its sending.
- The Seller shall confirm to the Client (consumer) the reception of withdrawal from the contract.
- All products purchased with us are subject to replacement. If the goods do not meet your expectations, you can return them or replace them for goods of the same size or any other by sending them back to us. You need to inquire first whether the size of interest to you is available. If it is not available, we shall do our best to replace it as fast as possible. If it is impossible (e.g. due to the goods being sold out), we shall offer you any other available goods or we shall refund the funds.
- If the price of the new product is higher than that of the returned one, we shall ask you to pay the difference.
- If the price of the new product is lower than that of the returned one, we shall refund the difference.
- Any additional information in this respect shall be agreed between the Seller and the Client.
XIII. TECHNICAL BREAKS
- The Seller shall not be responsible for the lack of the possibility of using the Shop by the Users due to force majeure.
- The Seller shall reserve the right to breaks in access to the Shop caused with its technical servicing, maintenance or work on improving functionalities of the Shop. At the same time, the Seller undertakes to do its best to arrange these breaks at night time and have them as short as possible.
XIV. FINAL PROVISIONS
- In the issues not covered in these regulations, the provisions of the Polish law shall apply, in particular: the Civil Code act of 23 April 1964 (Dz. U. No 64 Item 16 as amended), the Act of 30 May 2014 on consumer rights (Dz. U. 2014 Item 827).
- The provisions of these Regulations are not aimed at excluding or limiting any rights of the Client who is at the same time Consumer in the meaning of the regulations of the Civil Code act of 23 April 1964 (Dz. U. No. 16, Item 93 as amended), to which he / she is entitled by virtue of the absolute provisions of the law in force. In case of discrepancies of the provisions of these Regulations against the above regulations, the said provisions shall prevail.
- In reference to contracts concluded with Clients who are entrepreneurs with head offices outside the Republic of Poland, only the relevant provisions of the law in force in the territory of the Republic of Poland shall be applied in the issues not covered in these Regulations, in particular these which are stated in clause 1.
- In reference to contracts concluded with Clients who are consumers with usual address of stay outside of the Republic of Poland, only the relevant provisions of the law in force in the territory of the Republic of Poland shall be applied in the issues not covered in these Regulations. Application of the relevant legal regulations in force in the territory of the Republic of Poland shall not deprive the consumer of the protection due for him / her under the regulations which cannot be excluded by way of a contract, by virtue of the law in force in the territory of the country in which the consumer has his / her usual place of stay.
- If invalidity applies only to a part of the legal activity, the activity shall remain in force in reference to the other parts, unless the circumstances indicate that the activity would not be done without the invalid provisions.
- Change in the content of the regulations may occur after informing the Users about the scope of the planned changes no later than within 14 days before the date of them becoming effective.
- The orders executed during the previous version of the regulations being in force shall be executed in accordance with its provisions.
- If the User does not agree to the changes in the Regulations, he / she can remove his / her account.
- Contact with the seller is possible at the email address: email@example.com or at the telephone: +48793959223 and in writing: Marcin Uszak, ul. Karola Marcinkowskiego 10H/8 66-400 Gorzów Wielkopolski, Poland.
- All materials on the brandshoes.eu website and the address of the shop are subject to legal protection and are the subject matter of copyright.
- The regulations are in force as of 25.05.2018.
Account regulations in Your Online Store
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations
§ 1 DEFINITIONS
Account – unpaid Store function (service) regulated in these regulations, thanks to which the Buyer may set up his individual Account in the Store.
Buyer – every entity purchasing in the store.
Store – online store Your Online Store run by the Seller at the address https://brandshoes.eu
Seller – entrepreneur running a business under the name: entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP PL5992781700, REGON, 080064236 street. Marcinkowskiego 1oh/8, 66-400 Gorzów Wlkp. Poland.
§ 2 CONTACT WITH THE SELLER
- Postal address: Marcin Uszak, Marcinkowskiego 10h/8, 66-400 Gorzow Wielkopolski, Poland
- e-mail: firstname.lastname@example.org
- Telephone: +48793959223
§ 3 TECHNICAL REQUIREMENTS
- or the proper functioning and setting up an Account, you need:
- Active e-mail account
- A device with Internet access
§ 4 ACCOUNT
- Creating an Account is completely voluntary and depends on the will of the Buyer.
- The account gives the Buyer additional possibilities, such as: viewing the order history submitted by the Buyer in the Store, checking the status of the order or editing Buyer’s data.
- In order to create an Account, complete the appropriate form in the Store.
- At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller in the scope of maintaining the Account on the terms specified in the Regulations.
- The Buyer may cancel the Account at any time without incurring any costs.
- In order to cancel your Account, please send your resignation to the Seller at the following e-mail address: which will result in immediate deletion of the Account and termination of the Account Maintenance Agreement.
§ 5 COMPLAINTS
- Complaints regarding the operation of the Account should be directed to the e-mail address.
- Consideration of the complaint by the Seller will take place within 14 days.EXTRAJUDICIAL METHODS OF EXAMINING COMPLAINTS AND INVESTIGATING CLAIMS
- In a situation when the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
- free mediation carried out by the competent Regional Inspectorate of Trade Inspection, to which you must apply for mediation. The list of inspectorates is available at the address: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- free assistance of the competent Regional permanent Consumer arbitration court operating at the Regional Inspectorate of Trade Inspection, to which you should submit an application to review the case before the arbitration court. List of courts is available at the address: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- Internet ODR platform available at the address: http://ec.europa.eu/consumers/odr/.
§ 6 PERSONAL DATA
- The administrator of personal data provided by the Buyer when using the Store is the Seller.
§ 7 RESERVATIONS
- The provision of unlawful content by the Buyer is prohibited.
- The Account Maintenance Agreement is concluded in Polish.
- In the event of important reasons referred to in paragraph 4, the Seller has the right to amend these Account Regulations.
- Important reasons referred to in paragraph 3 are:
- the need to adapt the Store to legal provisions applicable to the activities of the Store
- improving the security of the service provided
- changing the functionality of the Account that requires modification of the Account regulations.
- The Buyer will be informed of the planned change in the Account Regulations at least 7 days before the change is implemented via an e-mail sent to the address assigned to the Account.
- If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller’s e-mail address: email@example.com, which will result in the termination of the Account Maintenance Agreement as soon as the planned change enters into force. or earlier if the Buyer makes such a request.
- If the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to the termination of the contract in the future.
- In the event of a possible dispute with the Buyer who is not a Consumer, the competent court will be the court competent for Seller’s registered office.
- Nothing in these Regulations shall not exclude or in any way restrict the powers of the Consumer under the law.
- Regulations are valid from.