Terms and conditions - Urbanowicz Embroidery

Regulations for prepaid cards

Terms and Conditions of the Online Store - www.urbanowiczhaft.pl

General provisions

These Regulations set out the general terms and conditions, the manner of providing electronic services and sales conducted through the Online Store www.urbanowiczhaft.pl. The store is operated by Teresa Urbanowicz conducting business activity under the name of Sport Fashion Mode Teresa Urbanowicz entered in the register of entrepreneurs of the Central Register of Records and Information on Business Activity conducted by the Minister of Entrepreneurship and Technology at ul.Trzebnicka 52, 50-231 Wrocław, NIP:8950008569, REGON:931512736, hereinafter referred to as the Seller.
Contact with the Seller is made through:
1. email address: sklep@urbanowiczhaft.pl;
2. At telephone number: 0071 354 04 06.
These Terms and Conditions are continuously available on the website www.urbanowiczhaft.pl, in a manner that allows you to obtain, reproduce and record their contents by printing or saving them on a medium at any time.
The Seller informs that the use of services provided electronically may involve risks on the part of any user of the Internet, consisting in the possibility of introducing harmful software into the Client's ICT system and obtaining and modifying its data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the Client should use appropriate technical measures to minimize their occurrence, in particular, anti-virus and firewall programs.

Definitions

The terms used in the Regulations shall mean:

Working days - These are days from Monday to Friday excluding public holidays;
Customer - a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order on the Online Store or uses other Services available on the Online Store;
Civil Code - Law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
Account - the part of the Online Store assigned to a given customer, through which the customer can perform certain actions within the Online Store;
Consumer - A customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
Entrepreneur - A customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
Regulations - this document;
Merchandise - product presented in the Online Store, the description of which is available next to each product presented;
Sales contract - Agreement for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services - services provided by the Seller to Customers electronically, within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act - Law of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
Law on provision of electronic services - Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
Order - Customer's statement of intent, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules of using the Online Store

The use of the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
1. A computer or mobile device with Internet access,
2. email access,
3. Internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later,
4. Enabling Cookies and Javascript in your web browser.
Use of the Online Store means any activity of the Customer that leads to his/her familiarization with the content contained in the Store.
In particular, the customer is obliged to:
1. not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,
2. use of the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,
3. not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,
4. Use of the Online Store in a manner that is not onerous for other Customers and the Seller,
5. use any content posted within the Online Store only for your own personal use,
6. use of the Internet Store in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.

Services

The Seller makes it possible through the Online Store to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, made available on one of the pages of the Online Store. The contract for the provision of the service of maintaining an Account in the Online Store is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove the Account or uses the "Remove Account" button.
The Customer has the opportunity to receive commercial information from the Seller in the form of messages sent to the e-mail address provided by the Customer (Newsletter service). For this purpose, it is necessary to provide a valid e-mail address or activate the appropriate field in the registration form or Order form. The Customer may revoke consent to sending commercial information at any time. The Newsletter service agreement is concluded for an indefinite period of time and is terminated when the Customer sends a request to remove his/her e-mail address from the Newsletter subscription or to unsubscribe using the link in the content of the message sent within the Newsletter service.
The Customer has the opportunity to post individual and subjective statements in the Online Store relating to, among other things, the Goods or the course of the transaction. By adding statements, the Customer declares that he/she owns all rights to such content, in particular, copyrights, related rights and industrial property rights. The contract for the provision of services consisting in posting opinions about Goods in the Online Store is concluded for a definite period of time and is terminated as soon as the opinion is added.
The statements should be edited in a clear and understandable manner, moreover, they may not violate applicable laws, including the rights of third parties - in particular, they may not be defamatory, violate personal rights or constitute an act of unfair competition. Posted statements are disseminated on the web pages of the Online Store.
By posting a statement, the Client agrees to the free use of this statement and its publication by the Seller, as well as to the development of works within the meaning of the Law on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).
The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the Store's websites. Promotions in the Online Store are not subject to combination, unless the Regulations of a given promotion state otherwise.
In case of violation of the provisions of these Regulations by the Customer, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days' notice.

The procedure for concluding a sales contract

Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a Contract, as defined in Article 71 of the Civil Code.
All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally introduced into the Polish market.
The condition for placing an Order is to have an active e-mail account.
In the case of placing an Order through the Order form available on the website of the Online Store, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a Contract of Sale of the Goods being the subject of the Order. An offer made in electronic form binds the Client if the Seller sends to the e-mail address provided by the Client a confirmation of acceptance for execution of the Order, which constitutes a statement by the Seller of acceptance of the Client's offer, and at the moment of its receipt by the Client a Contract of Sale is concluded.
Placing an Order in the Online Store by telephone or by sending an electronic message shall be done on the Business Days and hours indicated on the website of the Online Store. For this purpose, the Customer should:
1. provide in the body of the e-mail message addressed to the Seller the name of the Goods from among the Goods on the Store's website and its quantity,
2. indicate the method of delivery and form of payment from among the delivery and payment methods listed on the Store's website,
3. provide the data needed to complete the Order, in particular: name, place of residence and e-mail address.
Information on the total value of the Order, referred to in the paragraph above, is given each time by the Seller verbally after completing the entire Order or by informing by e-mail with the information that the conclusion of the Contract of Sale by the Customer entails the obligation to pay for the ordered Goods, at which moment the Contract of Sale is concluded.
In the case of a Customer who is a Consumer, the Seller shall send the Customer confirmation of the terms and conditions of the placed Order each time the Order is placed via telephone or e-mail.
The Agreement is concluded when the Customer, who is a Consumer (in response to confirmation of the Order terms sent by the Seller) sends an e-mail to the Seller's e-mail address, in which the Customer: accepts the contents of the sent Order and agrees to its execution, and accepts the contents of the Terms and Conditions and confirms reading the instructions on withdrawal from the Agreement.
After the conclusion of the sales contract, the seller confirms the terms and conditions to the customer by sending them to the customer's e-mail address or in writing to the address provided by the customer.
The contract of sale is concluded in Polish, English, Spanish, French, Italian or Hungarian, with the content in accordance with the Regulations.

Delivery

Delivery of the Goods is made to the address indicated by the Customer when placing the Order.
The customer can choose the following forms of delivery of the ordered Goods:
1. via courier service;
2. via the postal operator;
3. personal collection at the Seller's personal collection point.
The Seller on the websites of the Store in the description of the Goods informs the Customer about the number of Working Days required for the processing of the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
The delivery and processing time of the Order is calculated in Business Days. 15 to 20 days.
The Seller shall, at the Customer's option, provide with the Goods either a receipt or a VAT invoice covering the Goods supplied.
If different lead times are stipulated for the Goods covered by the Order, the longest period among those stipulated shall apply to the entire Order.

VII. Prices and payment methods

The prices of the Goods are quoted in Polish Zloty, US Dollars or Euros at the Customer's choice and include all components, including VAT, customs duties and other charges.
The customer can choose the following payment methods:
1. bank transfer to the Seller's bank account (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after receipt of funds in the Seller's bank account and completion of the Order)
  Account number for the currency of the Polish Zloty: 45 1140 2004 0000 3702 7795 7657 (mBank)
  Account number for Euro currency: 88 1090 2398 0000 0001 3076 5347 (BIC/SWIFT: WBKPPLPL, IBAN:PL)
  Account No. for USD (US Dollar) currency: 46 1090 2398 0000 0001 3076 5327 (BIC/SWIFT: WBKPPLPL, IBAN:PL)
  Bank address:
  mBank S.A.
  and
  BZWBK 1 O. in Wroclaw
  50-950 Wrocław
  Market 9/11;
2. cash on delivery - payment at the Seller's personal collection point (in this case, the execution of the Order will be carried out immediately after the Seller sends the Customer a confirmation of acceptance of the Order, and the Goods will be issued at the Seller's personal collection point);
3. cash on delivery, payment of the supplier at the time of delivery (in this case, the execution of the Order and its shipment will be initiated after the Seller sends the Customer a confirmation of acceptance of the Order and completion of the Order);
4. electronic payment (in this case, the execution of the Order will begin after the Seller sends the Customer a confirmation of acceptance of the Order and after the Seller receives information from the billing agent's system about the payment made by the Customer, and shipping will be carried out immediately after the Order is completed).
The Seller shall inform the Customer on the Store's website of the deadline within which the Customer is required to make payment for the Order. In the event of non-payment by the Customer within the period referred to in the preceding sentence, the Seller, after an ineffective call for payment setting an appropriate time limit, may withdraw from the Agreement on the basis of Article 491 of the Civil Code.

VIII. Entitlement to withdraw from the Agreement

A Customer who is a Consumer may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement before its expiration.
The customer may formulate the statement on his own or use the model statement of withdrawal from the Agreement, which is attached as Appendix No. 1 to the Regulations.
The 14-day period shall be counted from the day on which delivery of the Goods took place or, in the case of a Service Contract, from the date of its conclusion.
Upon receipt of the Consumer's statement of withdrawal from the Contract, the Seller will send an acknowledgement of receipt of the statement of withdrawal to the Consumer's e-mail address.
The Consumer's right to withdraw from the Contract is excluded in the case of:
1. provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the Seller's performance will lose the right to withdraw from the Agreement;
2. A contract in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal from the Contract;
3. A contract in which the subject of performance is a non-refabricated Goods, manufactured to the Consumer's specifications or serving to meet his individualized needs;
4. A contract in which the object of performance is Goods that are perishable or have a short shelf life;
5. A contract in which the object of performance is Goods delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
6. A contract in which the object of performance is Products, which after delivery, due to their nature, become inseparably connected with other things;
7. An agreement in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
8. Agreement in which the Consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for repair or maintenance, the right to withdraw from the Agreement is granted to the Consumer with respect to additional services or Goods;
9. A contract in which the object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; delivery of newspapers, periodicals or magazines, except for a subscription contract;
10. Agreement concluded through a public auction;
11. Contracts for the provision of services in the field of accommodation, other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
12. Agreements for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the Agreement and after the Seller has informed him of the loss of the right to withdraw from the Agreement.
In the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.
The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, return to the Consumer all payments made by the Consumer, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until it receives the item back or the Consumer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Consumer itself.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for any additional costs incurred by the Consumer.
The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

Complaints about Goods under warranty

The Seller undertakes to deliver the Goods without defects.
The Seller shall be liable to the Customer who is a Consumer under the warranty for defects under the terms of Articles 556 - 576 of the Civil Code. In relation to Customers who are Entrepreneurs, the warranty is excluded.
Complaints, resulting from the violation of the Customer's rights guaranteed by law or under these Regulations, should be addressed to Sport Fashion Mode Teresa Urbanowicz, 123 Stabłowicka Street, 54-062 Wroclaw, to the e-mail address: sklep@urbanowiczhaft.pl, telephone number 0071 354 04 06.
In order to consider the complaint, the Customer should send or deliver the advertised Goods, if possible attaching the proof of purchase. The Goods should be delivered or sent to the address indicated in item. 3.
The seller undertakes to process each complaint within 14 days.
In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer.

Complaints regarding the provision of electronic services

The Customer may submit complaints to the Seller in connection with the operation of the Store and use of the Services. Complaints may be submitted in writing to the address: Sport Fashion Mode Teresa Urbanowicz, 123 Stabłowicka Street, 54-062 Wrocław, to the e-mail address: sklep@urbanowiczhaft.pl, telephone number 0071 354 04 06.
In the complaint, the customer should provide his name, mailing address, type and description of the problem.
The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In case of deficiencies in the complaint, the Seller will call on the Customer to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the Customer.

Guarantees

Goods may have a manufacturer's or Seller's warranty.
In the case of Goods under warranty, information on the existence and content of the warranty and the period for which it is granted is each time presented in the description of the Goods on the web pages of the Store.

XII. Out-of-court ways of settling complaints and pursuing claims

A customer who is a Consumer has, among other things, the following options for using out-of-court means of handling complaints and claims:
1. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
2. is entitled to apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller;
3. may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include the protection of Consumers (such as the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Federation of Consumers at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
4. submit your complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Protection of personal data

The Seller collects and processes the personal data provided by Customers in accordance with applicable laws and in accordance with the Privacy Policy, which states Appendix 2 To the Regulations.

XIV. Final Provisions

All rights to the Online Store, including property copyrights, intellectual property rights to its name, Internet domain, the Online Store website, as well as to the forms, logos belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Regulations.
Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur, shall be submitted to the court having jurisdiction over the seat of the Seller.
In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means, the provisions of the Act on Consumer Rights and other relevant provisions of Polish law shall apply.
Each Customer will be informed of any changes to these Terms and Conditions through information on the main page of the Online Store containing a summary of the changes and their effective date. Customers who have an Account will additionally be informed of the changes with a summary of them to the e-mail address they have indicated. The effective date of the changes will not be shorter than 14 days from the date of their announcement. If a Customer who has a Customer Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notification to the Vendor of non-acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.

Appendix 2 to the regulations.

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