ONLINE STORE TERMS AND CONDITIONS

www.wearpl.com

§ 1

GENERAL PROVISIONS

  1. The www.wearpl.com store operates according to the principles set out in these Regulations.
  2. These Regulations define the terms for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.wearpl.com Store, the rules for providing these services, and the terms for concluding and terminating agreements for the provision of electronic services.
  3. Every Service Recipient, upon taking actions aimed at using the Electronic Services of the www.wearpl.com Store, is obliged to comply with the provisions of these Regulations.
  4. In matters not regulated by these Regulations, the provisions of the following shall apply:
    1. the Act on Providing Services by Electronic Means of July 18, 2002,
    2. the Consumer Rights Act of May 30, 2014,
    3. the Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
    4. the Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.

 

§ 2

DEFINITIONS CONTAINED IN THE REGULATIONS

  1. ORDER FORM – a form available on the www.wearpl.com website enabling the placement of an Order.
  2. CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
  3. CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
  4. ENTREPRENEUR – a natural person, legal person, and an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
  5. PRODUCT – a movable item available in the Store that is the subject of a Sales Agreement between the Customer and the Seller.
  6. REGULATIONS – these Store regulations.
  7. STORE – the Service Provider’s online store operating at www.wearpl.com.
  8. SELLER, SERVICE PROVIDER – Audytorium Piotr Samojło, ul Rzędziana 1E, 15-698 Białystok.
  9. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store.
  10. ORDER – the Customer’s declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.
  11. PRICE – the value expressed in monetary units that the Customer is obliged to pay the Seller for the Product.

§ 3

INFORMATION REGARDING PRODUCTS AND THEIR ORDERING

  1. The www.wearpl.com Store sells Products via the Internet.
  2. Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market.
  3. Information on the Store’s websites does not constitute an offer in the legal sense. By placing an Order, the Customer makes an offer to purchase a specific Product under the conditions provided in its description.
  4. The Product Price displayed on the Store’s website is given in Polish Zloty (PLN) and includes all components. The price does not include delivery costs.
  5. Orders can be placed via the website using the Order Form (www.wearpl.com Store) – 24 hours a day, all year round.
  6. A condition for the Customer to place an Order in the Store is to read and accept the provisions of these Regulations at the time of placing the Order.

 

§ 4

CONCLUSION OF THE SALES AGREEMENT

  1. To conclude a Sales Agreement, the Customer must first place an Order using the method provided by the Seller, in accordance with § 3, points 5 and 6 of the Regulations.
  2. After placing an Order, the Seller immediately confirms its receipt.
  3. The confirmation of Order acceptance, referred to in point 2 of this paragraph, binds the Customer to their Order. Confirmation of Order receipt is made by sending an email.
  4. The Order receipt confirmation includes:
    1. confirmation of all essential elements of the Order,
    2. a withdrawal from contract form,
    3. these Regulations containing instructions on the right to withdraw from the contract.
  5. Upon the Customer receiving the email referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
  6. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.

§ 5

PAYMENT METHODS

  1. The Seller provides the following payment methods:
    1. payment by traditional bank transfer to the Seller’s bank account,
    2. payment via an electronic payment system.
  2. In the case of traditional bank transfer, payment should be made to bank account number: 73105018231000009709054689 (ING Bank Śląski S.A.). The transfer title should state “Order no. …”.
  3. In the case of payment via an electronic payment system, the Customer makes payment before the Order fulfillment begins. The electronic payment system allows payment by credit card or fast transfer from selected Polish banks.
  4. The Customer is obliged to pay the price under the Sales Agreement within 14 business days from the date of its conclusion, unless the Sales Agreement states otherwise.
  5. The Product will be shipped only after payment has been received.

§ 6

COST, DELIVERY TIME, AND METHODS OF PRODUCT DELIVERY

  1. The costs of Product delivery, which are covered by the Customer, are determined during the Order placement process.
  2. The Product delivery time consists of the Product preparation time and the Product delivery time by the carrier:
    1. Product preparation time is 1-6 business days,
    2. delivery of Products (movable items) by the carrier takes place within the declared period, i.e., 1-7 business days from the moment of dispatch (delivery occurs only on business days, excluding Saturdays, Sundays, and holidays).
  3. Products purchased in the Store are shipped only within Poland via Poczta Polska (Polish Post) or a courier company.

§ 7

PRODUCT COMPLAINT

  1. Complaint due to non-conformity of the Product with the agreement.

    1. The basis and scope of the Seller’s liability towards a Customer who is a Consumer due to non-conformity of the Product with the agreement are defined in the Consumer Rights Act of May 30, 2014,

    2. the basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur, under warranty, are defined in the Civil Code Act of April 23, 1964,

    3. The Seller is liable to a Customer who is a Consumer for any lack of conformity of the Product with the agreement existing at the time of Product delivery and revealed within 2 years from that moment, unless the Product’s shelf life specified by the Seller or persons acting on its behalf is longer,

    4. notifications of non-conformity of the Product with the agreement and submission of an appropriate request can be made via email to: shop@wearpl.com or in writing to: Audytorium Piotr Samojło, Rzędziana 1E, 15-698 Białystok

    5. in the above written or electronic message, as much information and circumstances regarding the subject of the complaint should be provided as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Seller,

    6. to assess the irregularities and non-conformity of the Product with the agreement, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at its own expense,

    7. The Seller will respond to the Customer’s request immediately, no later than within 14 days from the date of filing the complaint,

    8. in the case of a complaint from a Customer who is a Consumer – failure to process the complaint within 14 days of its submission is equivalent to its acceptance,

    9. in connection with a justified complaint from a Customer who is a Consumer, the Seller will appropriately:

  1. cover the costs of repair or replacement and re-delivery of the Product to the Customer,

  2. reduce the Product price (the reduced price must be proportional to the price of the compliant product to the non-compliant product) and refund the Consumer the value of the reduced price no later than 14 days from receiving the Consumer’s declaration of price reduction,

  3. in the event of withdrawal from the contract by the Consumer – the Seller will refund the Product price no later than 14 days from the date of receiving the returned goods or proof of their dispatch. In case of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller’s expense,

    1. the response to the complaint is provided on paper or another durable medium, e.g., an email message or SMS.

 

§ 8

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. Subject to point 10 of this paragraph, a Customer who is also a Consumer and has concluded a distance contract may withdraw from it without giving reasons, by submitting a relevant statement within 14 days.
  2. In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the contract, unless the Seller offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry.
  3. In the event of withdrawal from the Sales Agreement, the Product should be returned to the address: Audytorium Piotr Samojło, Rzędziana 1E, 15-698 Białystok.
  4. The Consumer is liable for any decrease in the value of the Product resulting from using it in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Product, unless the Seller failed to inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right of withdrawal from the contract and did not provide them with a sample withdrawal form. To ascertain the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect the Products only in the same way they would in a brick-and-mortar store.
  5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with its delivery costs using the same payment method as the Consumer used, unless the Consumer has expressly agreed to a different refund method that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
  6. If the Consumer chose a Product delivery method other than the cheapest ordinary delivery method offered by the Store, the Seller is not obliged to refund the additional costs incurred by them.
  7. If the Seller has not offered to collect the Product from the Consumer themselves, they may withhold the refund of payments received from the Consumer until they receive the item back or until the Consumer provides proof of its return, whichever occurs first.
  8. A Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bears only the costs of returning the Product to the Seller.
  9. The fourteen-day period during which the Consumer may withdraw from the contract is counted, for a contract in the performance of which the Seller delivers the Product and is obliged to transfer its ownership – from the day on which the Consumer (or a third party indicated by them other than the carrier) took possession of the Product.
  10. The right to withdraw from a distance contract does not apply to the Consumer in the case of a Sales Agreement, among others, where the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specifications or serving to satisfy their individualized needs.
  11. The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer, in the event of the other party’s failure to perform its obligation within a strictly defined period.

 

§ 9

TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. The Service Provider enables the use of the Electronic Service, which is the conclusion of Product Sales Agreements, through the Store.
  2. The provision of Electronic Services to Service Recipients in the Store takes place under the conditions specified in the Regulations.
  3. The Service Provider has the right to place advertising content on the Store’s website. This content constitutes an integral part of the Store and the materials presented therein.

 

§ 10

TERMS OF PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

  1. The provision of the Electronic Service specified in § 9 point 1 of the Regulations by the Service Provider is free of charge.
  2. The agreement for the provision of Electronic Services consisting of enabling the placement of an Order in the Store is concluded for a definite period and is terminated upon placing the Order or ceasing to place it by the Service Recipient.
  3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
    1. a computer (or mobile device) with Internet access,
    2. access to email,
    3. a web browser,
    4. Cookies and Javascript enabled in the web browser.
  4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good customs, taking into account the respect for personal rights and intellectual property rights of third parties.
  5. The Service Recipient is obliged to enter data consistent with the actual state of affairs.
  1. The Service Recipient is prohibited from providing unlawful content.

 

§ 11

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints related to the provision of Electronic Services via the Store can be submitted by the Service Recipient via email to: shop@wearpl.com or in writing to: Audytorium Piotr Samojło, Rzędziana 1E, 15-698 Białystok
  2. In the above email, as much information and circumstances regarding the subject of the complaint should be provided as possible, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the processing of the complaint by the Service Provider.
  3. The Service Provider will process the complaint immediately, no later than within 14 days from the date of submission.
  4. The Service Provider’s response regarding the complaint is sent to the Service Recipient’s email address provided in the complaint submission or in another way indicated by the Service Recipient.

§ 12

FINAL PROVISIONS

  1. Agreements concluded through the Store are governed by Polish law.
  2. In the event of any part of the Regulations being inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
  3. Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiations, with the intention of an amicable settlement, taking into account the Act on Out-of-Court Consumer Dispute Resolution. However, if this is not possible, or if it is unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
  4. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the courts competent in accordance with the provisions of the Civil Procedure Code of November 17, 1964.
  5. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting, after the complaint procedure has ended, a request for mediation or a request for consideration of the case by an arbitration court (the request can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Provincial Inspectorates of Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer can also use the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claims after the complaint procedure are free of charge.
  6. To amicably resolve a dispute, the Consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.
  7. Document prepared using the automatic generator available on the website www.lexlab.pl/generator-regulaminu