Terms of Use

TERMS AND CONDITIONS OF THE ONLINE SHOP WWW.UBIERAMYEKIPY.PL

Last updated: 01.10.18
 

  1. Introduction
  2. The company UBIERAMYEKIPY DAMIAN TABACZUK with its registered seat in Katowice, at the address: ul. Panewnicka 142/5, 40-761 Katowice, having the REGON number 243664499, tax identification number (NIP) 6412440527, enables purchasing products by means of electronic network (the Internet) – at the online address: www.ubieramyekipy.pl (hereinafter referred to as the „Shop”). The administrator of personal data of the customers visiting the Shop is the company: UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat at: ul. Panewnicka 142/5, 40-761 Katowice.
  3. The following Terms and Conditions are addressed to all users of the Shop and they specify the rules of registration and use of the Shop account, electronic reservation of the products available in the Shop (hereinafter referred to as the „Products” or „Product”), as well as the rules of placing orders and concluding contracts for the sale of Products.
  4. The access to these Terms and Conditions may be obtained by every user at any time by clicking the link “Terms and Conditions” located on the Shop website .
  5. Information about the Products in the Shop, including product descriptions and prices, constitutes an invitation to conclude a sales contract as defined in Art. 7 of the Civil Code (“CC”), in compliance with the provisions of the Terms and Conditions.
  6. All Products available in the Shop have detailed specifications, in particular information relating to their properties, prices, materials, etc.
  7. The images of Products are placed at the Shop website as examples and serve for the presentation of specific models.
  8. Rules of Using the Shop and Concluding Contracts for the Sale of Products
  9. The company UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5, enables concluding sales agreements via the Internet and provides other services provided for in these Terms and Conditions.
  10. The sales contract is concluded between the user of the Store (hereinafter referred to as the “Customer”) and the Company UBIERAMYEKIPY DAMIAN TABACZUK  with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5. Before the use of the Shop may begin, one is obliged to read the Terms and Conditions and accept them.
  11. Information provided by the Customer while placing an order shall be true, up to date, accurate and precise. The company UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5, reserves the right to cancel any order should the information provided by the Customer be insufficient to fulfil the Order properly, especially with regards to information ensuring the proper delivery of packages. Before cancelling the Order, the company UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5, will attempt to contact the Customer with the aim of gaining more accurate information so as to fulfil the Order.
  12. The shop shall take any technical and organizational measures in accordance with the law to protect the personal data of its Customers, especially to prevent the unlawful obtainment and modification of said data by unauthorized parties during the registration process.
  13. The Customer of the Shop is obliged to:
  14. a)     Refrain from sending or sharing content prohibited by law;
  15. b)     Use the Shop in a way which will not disturb its functioning;
  16. c)     Refrain from distributing an unrequested commercial information within the Shop;
  17. d)     Use the Shop in a way which will not cause any inconvenience for other customers or for the Shop Administrator;
  18. e)      Refrain from using the content published on the Shop website for personal use.
  19. Concluding Contracts for the Sale of Products
  20. The Shop enables the placement of Orders for Products in the following ways:
  21. a)   via the Shop website (on-line), using procedures for placing orders,
  22. b)   by phone, contacting the Shop at: 888-146-759
  23. c)    via email, sending an order containing information about the chosen Products or placing an order with requirements of the customer at the email address: ubieramyekipy@wp.pl
  24. The Shop accepts orders placed online 24/7. The orders placed by phone or by email are accepted on weekdays from 9 a.m. to 4 p.m. The orders placed on non-working days and holidays will be executed on the first working day following the day on which the order was placed.
  25. The Customer may place an order without needing to permanently register any data in the database of the Shop (the so-called “purchase without registration”).
  26. The condition for placing an order via the website is filling out all the required data on a form necessary for the delivery and the generation of an invoice or sales receipt.
  27. In order to place an Order via the website one needs to make a choice of Products in the Shop, including the quantity, colours, and sizes, and next go to the “Basket” and continue the order-placing procedure by choosing the appropriate options, including the delivery method.
  28. The Customer may make changes and modifications to the order, cancel the order, or change the contact information necessary for the delivery and invoicing up until the moment of confirming the choice of Products, performed by clicking the “Order and Pay” button. Confirming the Order by clicking the “Order and Pay” button is tantamount to accepting the obligation to pay the price of the Products and the chosen method of delivery with the indicated delivery costs, which the Customer is informed about directly before confirming the Order.
  29. Confirming the order by the Customer according to the above-mentioned point 6 constitutes a sales contract offer made by the Customer to UBIERAMYEKIPY DAMIAN TABACZUK, the content of which is in accordance with these Terms and Conditions and the order placed by the Customer.
  30. After the order is successfully placed, according to point 6 of these Terms and Conditions, the Customer will receive on his or her email address, indicated in the order form, a reply containing information about the placed order, i.e. the number of Products, the value of the order, the chosen type of delivery and payment, the delivery time and the address details of the Customer and the Shop.
  31. The Shop sends to the Customer an email with a confirmation of order acceptance or rejection of the offer made by the Customer via email or over the phone (“Confirmation of order acceptance for handling and delivery”). After the above-mentioned Confirmation is received, the sales contract for the ordered Products is concluded between the Customer and the Company UBIERAMYEKIPY DAMIAN TABACZUK, with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5.
  32. The Sales Contract, the content of which is in accordance with these Terms and Conditions and the Order placed by the Customer, is concluded in the Polish language.
  33. Without prejudice to the right of the Customer to withdraw from the contract in accordance with the relevant provisions of law, the Customer is allowed to withdraw the order before receiving the Confirmation of order acceptance, i.e. before receiving an email with a confirmation of order acceptance for handling, as referred to above in point 9. In this case the Customer should immediately contact the Shop, it is also possible by phone, which is then followed by an email confirmation.
  34. If the Customer chooses other form of payment than the “payment on delivery”, the Shop reserves the right to refuse any order under the terms of the sale contract, in the following cases: (i) the delivery address provided by the Buyer is incomplete to the extent that a successful delivery is not possible (ii) the payment was not authorised by the selected payment processing service, (iii) the payment was not received in the allocated time, that being 3 working days from placing an order.

 

 

 

  1. Delivery and Receipt of Products
  2. Products are delivered to the address indicated by the Customer in the Order form. The estimated time of the delivery of Products is defined in the Order Summary, issued before the confirmation of order placement made by the Customer by clicking the button “Order and Pay”.
  3. The estimated time of delivery while choosing the courier services is from 1 to 4 working days following the day of posting a parcel. The total and maximum time of completing an order should not exceed 7 working days and in no case will it exceed 20 days from the date of concluding the sales contract. The processing of an order may be delayed till the moment when the bank account of the Shop is credited with the amount of the selling price due (plus costs of delivery) if choosing the online prepayment method (i.e. the online payment system or usual online bank transfer).
  4. Products are delivered by the courier service DPD to the indicated address on the territory of the Republic of Poland.
  5. The orders of value exceeding 1000 PLN (in words: one thousand zlotys) are sent at the Shop’s cost. In other cases, the Customer incurs all delivery costs of the ordered Products, of which the Customer is also informed prior to confirming the order placement. At the Customer’s request, we issue an invoice for each order. The willingness to receive an invoice must be reported using the form “message for the seller”.
  6. Sales abroad – places of delivery located outside the territory of the Republic of Poland, subject to the following reservations:
  7. a) Delivery can only be carried out on the territory of Europe.
  8. The rules regulating the handling of orders, as referred to in point 5, are applicable with the following modifications:
  9. a) The time of completing an order is dependent on the place of delivery of Products, but normally it will not exceed 14 working days from the day of accepting an order for handling.
  10. b) The cost of delivery depends on the number of ordered Products and shall be defined before purchasing Products in the Shop.
  11. c) The Customer does not incur the costs of delivery of the ordered Products if the total order value is equal to or higher than 5000 PLN.
  12. d) The delivery of Products will only be carried out by the Polish Post Office (Poczta Polska) or by the DPD courier services.
  13. e) The payment for products can only be done by means of the online payment instruments or bank transfer.
  14. f) After having withdrawn from the sale contract, the Customer must cover the costs of returning the products.
  15. The Shop does not direct its activities outside the territory of the Republic of Poland, but only enables its Customers deliveries to a given country in Europe, in accordance with the rules laid out above.
  16. Prices and payments
  17. All prices of Products are gross prices, inclusive of all taxes and other mandatory charges, and are expressed in Polish Zloty (PLN).
  18. The Customer may cover the cost of the order (product + delivery costs) in one of the following ways:
  19. a) „payment on delivery” with the DPD  courier company,
  20. b) prior to delivery, by bank transfer or e-transfer, executed by payment processing services. If the Customer chooses the prepayment, the payment has to be credited to the account of the Company UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5, or to the account of the intermediary payment entities (the electronic payment), within 3 days from placing the order, otherwise the order will be cancelled. In such cases, the Customer can place a new order and choose a different payment method. The order completion process, in case of the payment by transfer, starts once the payment for the purchased products is received by the Seller.
  21. c) In case of international deliveries, for orders placed in accordance with the provisions of these Terms and Conditions, only electronic payments are possible.
  22. The Company UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5, reserves the right to change prices, introduce new products, initiate and terminate promotional activities, or introduce changes in accordance with the norms of the Civil Code and other regulations. However, such amendments shall not affect the rights of persons who have entered into sales contract with the online Shop before said changes were implemented, or the rights of persons entitled to benefit from a given promotion, in accordance with its principles and within its duration.
  23. Product Returns
  24. All the Products offered in the Shop are original, brand new and factory fresh. The Company UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5, shall be liable for physical and legal defects of the Products, pursuant to the provisions set out in Articles 556 and following of the Civil Code.
  25. The Company UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5, undertakes actions to ensure full and proper functioning of the Shop, in line with the current technical knowledge, and commits itself to remove, within a reasonable time, any irregularities reported by the Customer.
  26. Any item purchased by the Customer can be returned, if the item has defects contributing to its noncompliance with the sales contract, provided the time limits and other conditions set by corresponding provisions of law are maintained.
  27. Complaints can be submitted by sending the Product back, via registered mail or other, together with a written description of the defects or the complaint form available on the Shop website, to the following address: UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5, with the annotation: „Complaint”. The Customer shall be informed of the manner in which the complaint is handled within 14 days from the next working day following the receipt of the defective Product by the Shop.
  28. If a Product is defective the Customer may, in accordance with Article 556 and Article 561 of the Civil Code:
  29. a)  Request to withdraw from the Contract or request to have the price of the Product lowered accordingly, unless the Seller replaces the defective Product or removes the defect immediately and without undue inconvenience to the Customer,
  30. b)  Request the replacement of the Product with a non-defective one, or request the removal of the defect.
  31. Should the Seller reject the complaint, the Product will be returned to the Customer, together with an explanation as to the illegitimacy of the complaint.
  32. Should the Customer identify damages done to the parcel during transportation, it is advisable to prepare a damage report to that effect, in the presence of the delivery agent. 
  33. Product Returns – Withdrawal from the Sales Contract
  34. The Customer, identifiable as the Consumer under the applicable provision of the law, may withdraw from the sales contract without providing any reasons, in accordance with the terms listed below.
  35. The right to withdraw from the sales contract should be deem void after 14 days, counted from the day the Customer successfully received the Products or a third party, other than the carrier and indicated by the Customer, acquired the physical possession of the Products.
  36. To exercise the right to withdraw from the sales contract, the Customer shall inform the Shop of his/her decision to withdraw by sending an unequivocal statement to that effect (e.g. a letter sent by post, fax or email), to the following address: Sklep Internetowy UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5 or ubieramyekipy@wp.pl
  37. The Customer may use the “Withdrawal from the contract form”, which will be sent by email immediately after accepting the order placement, although it is not mandatory. The Customer may also fill in and scan the Withdrawal from the contract form, or any other unequivocal written statement, and send it by email: ubieramyekipy@wp.pl. If the Customer chooses this option, the Shop shall immediately confirm the receipt of the abovementioned statement of withdrawal in a durable medium (e.g. by sending an email).
  38. The period for withdrawal shall be deemed to have been observed if the Customer’s notice of withdrawal from the sales contract is sent before its expiry.
  39. The Product returned by the Customer shall be immediately sent to the following address: UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5, in any case not later than 14 days after the Customer notified the Seller about the intention to withdraw from the sales contract. This deadline is met if the Costumer sends back the product before the period of 14 days has expired.
  40. The Customer shall bear the direct costs of returning the Products.
  41. In case of withdrawal from the sales contract, the Shop will reimburse the Customer all payments received, excluding the delivery costs incurred by the Customer while choosing a given delivery option, immediately or not later than 14 days after the Customer notified the Shop about the intention to withdraw from the sales contract.

The cost of the Products will be reimbursed immediately after the Seller receives the Products back from the Customer.

  1. The Seller shall reimburse the payment using the same method the Customer chose, unless the Customer accepts a different method; in any case the transaction shall not generate any additional cost for the Customer. The Shop may withhold the reimbursement of payment until it has received the Product back or until the consumer has supplied evidence of having sent back the Product, whichever is the earliest.
  2. The Customer shall be liable for decreasing the value of the returned Product by using it in any way that exceeds what is necessary to determine its characteristics and functioning.
  3. The order for preparation of garments which were not purchased in the online shop: www.ubieramyekipy.pl is not subject to these Terms and Conditions. 
  4. The Product returned by the Customer shall be sent by the Polish Post in the form of a postal package, or by the courier company which ensures the direct delivery of the return product to the registered seat of the company. In case of the Polish Post, sending the Product by mail or registered mail does not guarantee the delivery to the registered seat of our company, for which the company does not take any responsibility.
  5. Information Regarding Electronically Supplied Services
  6. The Shop provides the following electronically supplied services:
  7. a) Concluding sales contracts online for Products in the Shop, pursuant to the rules laid down in these Terms and Conditions,
  8. b) Creating user accounts at the Shop,
  9. c) Sending commercial information related to the ordered Products.
  10. The Customer may withdraw from the sales contract, in accordance with applicable provisions of law and the rules of these Terms and Conditions.
  11. Technical conditions necessary for the delivery of the electronically supplied services provided by the Shop are as follows:
  12. a) Internet access,
  13. b) Current version of the preferred web browser, which enables editing of hipertext documents (e.g.: Chrome, Internet Explorer, Opera, FireFox or similar),
  14. c) Active email account.
  15. Complaints regarding electronically supplied services provided by the Shop may be submitted by sending an email to the Customer Service Office: ubieramyekipy@wp.pl or by calling at: (+48) 888-146-759 . The Complaint should contain the Customer’s designation and a short description of the problem. The Shop will endeavour to review any complaint at the earliest convenience, but not later than 14 days after receiving the Complaint. The Customer will be notified about the outcome of the review, either via phone or email – depending on the preferred contact method chosen by the Customer.
  16. The Company UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5, informs that, depending on the Customer’s browser settings, it may use „cookies”, which are not an integral element of the services provided by the Shop, but which enable the Customer identification, facilitate the Customer’s use of the Shop and monitor the Customer’s activity while using the Shop. The Customer can disable the use of „cookies” by changing the appropriate settings in the internet browser.
  17. Final Provisions
  18. Any personal data provided by the Customer during registration in the Shop are processed by the company UBIERAMYEKIPY DAMIAN TABACZUK solely to fulfil orders, and can also be processed for marketing purposes if the Customer’s approval is obtained in a separate statement. The Customer has a right to supplement, update, correct, remove, and temporarily or permanently suspend processing of his/her personal data, if they are incomplete, outdated, untrue or collected in violation of the law or are no longer required for the purpose for which they have been collected. The Customer has also a right to object to the processing of data for marketing purposes.
  19. Accepting the provisions of these Terms and Conditions is the condition for purchasing Products offered in the Shop. The Terms and Conditions shall be presented to the Customer by the Shop at the moment of placing an order. Any changes in the Terms and Conditions shall be communicated to the Customers having a shop account by email. The Customer who does not accept the changes in the Terms and Conditions has a right to close his/her account at any time.
  20. The sales contract is governed by the Polish law. The language of the sales contract is Polish.
  21. Any matters not covered by these Terms and Conditions are regulated by the provisions of the Civil Code or other provisions of the Polish law relating to the operating and functioning of the shop.
  22. The competent court for the settlement of all disputable matters shall be the local court, as per the applicable regulations.
  23. The Company UBIERAMYEKIPY DAMIAN TABACZUK with a registered seat in Katowice, at the address: 40-761 Katowice, ul. Panewnicka 142/5,  reserves the right to change these Terms and Conditions at any time. Changes in the Terms and Conditions shall apply to the orders placed after the change is implemented, subject to the provisions of point 3 above.
  24. All trademarks and brand names are the property of their respective owners and are provided for information purposes only. 

Last updated: 28.06.2016

 

 

 

 

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