Terms and conditions for prepaid cards
Terms and conditions of the online shop – www.urbanowiczhaft.pl
- General provisions
- These Regulations define the general terms and conditions, manner of providing electronic services and sales conducted via the Internet Shop www.urbanowiczhaft.pl. The shop is run by Teresa Urbanowicz conducting business activity under the name Sport Fashion Mode Teresa Urbanowicz entered in the register of entrepreneurs in the Central Register of Evidence and Information on Business Activity kept by the Minister of Business and Technology at ul.Trzebnicka 52, 50-231 Wrocław, NIP:8950008569, REGON:931512736, hereinafter referred to as the Seller.
- Contact with the Seller takes place through:
- e-mail address: sklep@urbanowiczhaft.pl;
- telephone number: 0071 354 04 06.
- These Terms and Conditions are permanently available on the website www.urbanowiczhaft.pl, in a way that makes it possible to obtain, reproduce and record their content by printing or saving on a carrier at any time.
- The Seller informs that the use of services provided electronically may involve a risk on the part of each Internet user consisting in the possibility of introducing harmful software to the Client’s IT system and obtaining and modifying its data by unauthorised persons. In order to avoid the risk of the aforementioned threats, the Customer should use appropriate technical measures to minimise their occurrence, in particular anti-virus software and a firewall.
- Definitions
The terms used in the Terms and Conditions shall mean:
- Working days – are days from Monday to Friday excluding public holidays;
- Customer – a natural person with full legal capacity, a natural person running a business, a legal person or an organisational unit that is not a legal person, to which specific provisions grant legal capacity, who places an Order at the Online Store or uses other Services available at the Online Store;
- Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended);
- Account – a part of the Internet Shop assigned to a given Client, by means of which the Client may carry out certain actions in the Internet Shop;
- Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
- Entrepreneur – a Client who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
- Terms and Conditions – this document;
- Goods – a product presented in the Online Shop, the description of which is available next to each of the presented products;
- Sales Contract – a contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services – services provided by the Seller to the Customers electronically within the meaning of the Act of 18 July 2002 on provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
- Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
- Act on the provision of services by electronic means – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
- Order – a declaration of will of the Customer, aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
III. Rules of using the Internet Shop
- The use of the On-line shop is possible on condition that the IT system used by the Customer meets the following minimum technical requirements:
- computer or mobile device with access to the Internet,
- access to e-mail,
- Internet Explorer web browser 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,
- Cookies and Javascript enabled in your web browser.
- The use of the Online Shop shall mean any action by the Customer which leads to him/her becoming acquainted with the content contained in the Shop.
- In particular, the Customer is obliged to:
- not to provide or transmit content which is prohibited by law, e.g. content which promotes violence, is defamatory or infringes personal rights and other rights of third parties,
- use the Internet Shop in a manner not disruptive to its operation, in particular through the use of specific software or devices,
- not to undertake such actions as: sending or placing within the scope of the Internet Shop unsolicited commercial information (spam),
- use the Internet Shop in a manner not burdensome for other Customers and the Seller,
- use any content placed in the Internet Shop only for personal use,
- use the Internet Shop in a manner compliant with the provisions of the law in force in the Republic of Poland, the provisions of the Terms and Conditions and the general principles of Internet use.
- Services .
- The Seller makes it possible through the Internet Shop to use free of charge Services which are provided by the Seller 24 hours a day, 7 days a week.
- The service of running an Account in the Internet Shop is available after registration. Registration takes place by completing and accepting the registration form made available on one of the pages of the Online Shop. The agreement on the provision of services consisting in maintaining an Account in the Online Shop is concluded for an indefinite period of time and is terminated when the Customer submits a request to delete the Account or uses the ‘Delete Account’ button.
- The Customer has the possibility 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, the correct e-mail address should be provided or the relevant field should be activated in the registration form or the 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 shall be terminated as soon as the Customer requests to remove his/her email address from the Newsletter subscription service or to unsubscribe using the link contained in the message sent as part of the Newsletter service.
- The Customer shall have the possibility to post individual and subjective statements in the Online Shop, e.g. relating to the Goods or the course of the transaction. By adding statements, the Customer declares that he/she holds 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 Shop shall be concluded for a definite period of time and shall terminate as soon as the opinion is added.
- Statements should be edited in a clear and comprehensible manner, and may not violate applicable law, including the rights of third parties – in particular, they may not be defamatory, infringe personal rights or constitute an act of unfair competition. The posted statements are disseminated on the web pages of the Internet Shop.
- By posting statements, the Customer agrees to the free use of such statements and their publication by the Seller, as well as to the development of works within the meaning of the Act on Copyright and Related Rights (Dz. U. 1994 No. 24, item 83).
- The Seller has the right to organise occasional contests and promotions, the terms of which will be specified each time on the Shop’s website. Promotions in the Internet Store are not cumulative, unless the Regulations of a given promotion state otherwise.
- If the Customer violates the provisions of these Terms and Conditions, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate time limit, may terminate the agreement for the provision of Services at 14 days’ notice.
- Procedure for concluding a Sales Contract
- Information about the Goods given on the web pages of the Store, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.
- All Goods available in the Internet Shop 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 having an active e-mail account.
- In the case of placing an Order via the Order form available on the website of the Online Shop, the Order is placed by the Customer to the Seller in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods being the subject of the Order. An offer made in electronic form binds the Customer if the Seller sends to the e-mail address provided by the Customer a confirmation of acceptance for execution of the Order, which constitutes a statement of the Seller on acceptance of the Customer’s offer and upon its receipt by the Customer a Contract of Sale is concluded.
- Placing an Order at the Internet Shop by telephone or by sending an e-mail message takes place on the Working Days and hours indicated on the website of the Internet Shop. For this purpose the Customer should:
- specify in the content of the electronic message addressed to the Seller the name of the Goods from among the Goods on the website of the Internet Shop and its quantity,
- indicate the manner of delivery and method of payment from among the methods of delivery and payment specified on the website of the Store,
- provide data necessary for processing the Order, in particular: first and last name, place of residence and e-mail address.
- Information on the total value of the Order, referred to in the above item, is provided each time by the Seller verbally after the Order is completed in its entirety or by informing by e-mail, together with information that 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 sends the Customer a confirmation of the terms and conditions of the Order placed each time after the Order is placed via telephone or e-mail.
- The Contract is concluded when the Customer, being a Consumer, sends (in response to confirmation of the terms of the Order sent by the Seller) an electronic message to the e-mail address of the Seller, in which the Customer: accepts the content of the submitted Order and agrees to its execution, and accepts the content of the Terms and Conditions and confirms that he/she has familiarised himself/herself with the instruction on withdrawing from the Contract.
- Upon conclusion of the Contract of Sale, the Seller confirms its 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 Terms and Conditions.
- Delivery
- Delivery of the Goods is made to the address indicated by the Customer when placing the Order.
- The Customer may choose the following forms of delivery of the ordered Goods:
- via courier service;
- through a postal service provider;
- personal collection at the Seller’s collection point.
- The Seller informs the Client on the website of the Shop in the description of the Goods about the number of working days required for the fulfilment of the Order and its delivery, as well as about the amount of fees for the delivery of the Goods.
- The period for delivery and fulfilment of the Order is calculated in Working Days from 15 to 20 days.
- The Seller shall, in accordance with the Customer’s wishes, provide, together with the Goods, either a receipt or a VAT invoice covering the Goods supplied.
- If different lead times are provided for the Goods covered by the Order, the longest period provided for 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 may choose the following payment methods:
- bank transfer to the Seller’s bank account (in this case the processing of the Order will commence after the Seller has sent the Customer a confirmation of acceptance of the Order, and shipment will be made immediately after the funds have been credited to the Seller’s bank account and the Order has been completed)
- Account no. for Polish Zloty:43 1090 2398 0000 0001 3075 8397(Santander)Account no. for Euro:
- 88 1090 2398 0000 0001 3076 5347 (BIC/SWIFT: WBKPPLPL, IBAN:PL)Account no. for the currency USD (American Dollar):46 1090 2398 0000 0001 3076 5327 (BIC/SWIFT: WBKPPLPL, IBAN:PL)Bank address:
- Santander 5 Branch in Wrocław,pl. Kościuszki 7/8,50-950 Wrocław
- cash on delivery – payment at the Seller’s personal collection point (in this case the Order shall be processed immediately after the Seller sends to the Client a confirmation of acceptance of the Order, and the Goods shall be delivered at the Seller’s personal collection point);
- cash on delivery, payment to the supplier upon delivery (in this case the processing of the Order and its dispatch will be commenced after the Seller has sent the Client a confirmation of acceptance of the Order and the Order has been completed);
- electronic payment (in this case the execution of the Order shall commence after the Seller has sent the Customer a confirmation of acceptance of the Order and after the Seller has received information from the system of the settlement agent that the Customer has made the payment, while dispatch shall be performed immediately after completion of the Order).
- The Seller shall inform the Customer on the Shop’s website of the deadline within which the Customer is obliged 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 may, after an ineffective call for payment setting an appropriate time limit, withdraw from the Contract on the basis of Article 491 of the Civil Code.
VIII. Right of withdrawal from the Contract
- The Customer who is a Consumer may withdraw from the Contract without stating any reason by making an appropriate statement within 14 days. Sending the declaration before this deadline is sufficient to meet the deadline.
- The Customer may formulate the declaration on his or her own or use the model declaration of withdrawal from the Contract, which constitutes Attachment No. 1 to the Terms and Conditions.
- The 14-day term shall be counted from the day on which the Goods were delivered or, in the case of the Contract for Services, from the day of its conclusion.
- Upon receipt of the Consumer’s declaration of withdrawal from the Contract, the Seller shall send a confirmation of receipt of the declaration of withdrawal to the Consumer’s e-mail address.
- The Consumer’s right to withdraw from the Contract is excluded in the case of:
- the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed before the start of the performance that after the Seller’s performance he will lose the right to withdraw from the Agreement;
- Agreement in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the expiry of the deadline for withdrawal from the Agreement;
- A Contract in which the object of performance is a non-refabricated Goods manufactured to the Consumer’s specifications or serving to meet the Consumer’s individual needs;
- A contract in which the object of performance is an item which deteriorates rapidly or has a short shelf life;
- A contract in which the object of performance is Goods supplied in sealed packaging which cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
- A contract in which the subject matter of the performance is Products which after delivery, due to their nature, are inseparably combined with other things;
- A contract in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Contract, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control;
- a Contract in which the Consumer expressly requested that the Seller come to him to carry out urgent repair or maintenance; if the Seller performs in addition other services than those, the performance of which the Consumer requested, or supplies Goods other than spare parts necessary for the performance of repair or maintenance, the right of withdrawal shall be vested in the Consumer in respect of additional services or Goods;
- A contract in which the subject matter of the performance is a sound or visual recording or computer software supplied in sealed packaging if the packaging has been opened after delivery; supply of newspapers, periodicals or magazines, except for a subscription contract;
- A contract concluded by public auction;
- A contract for the provision of accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract stipulates the date or period of service;
- Contracts for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer’s express consent before the expiry of the deadline for withdrawal from the Contract and after the Seller has informed the consumer of the loss of the right to withdraw from the Contract.
- In the case of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to ascertain the nature, characteristics and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.
- The Seller shall promptly, but not later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Contract, return to the Consumer all payments made by the Consumer, including the costs of delivery of the Goods. The Seller shall reimburse the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of reimbursement, which method shall not involve any cost to the Consumer. The Seller may withhold reimbursement of the payment received from the Consumer until it has received the item back or the Consumer has provided 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 means 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 Consumer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
- Complaints concerning 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 violations of the Customer’s rights guaranteed by law or on the basis of these Regulations should be addressed to Sport Fashion Mode Teresa Urbanowicz, 123 Stabłowicka Street, 54-062 Wrocław, to the following 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 Goods complained about, if possible enclosing the proof of purchase. The Goods should be delivered or sent to the address indicated in point. 3.
- The Seller undertakes to consider each complaint within 14 days.
- In the case of deficiencies in the complaint, the Seller shall call 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 provision of services by electronic means
- The Customer may submit complaints to the Seller in relation to the functioning of the Shop and the use of the Services. Complaints may be submitted in writing to the address: Sport Fashion Mode Teresa Urbanowicz, 123 Stabłowicka Street, 54-062 Wrocław, at e-mail address: sklep@urbanowiczhaft.pl, telephone number 0071 354 04 06.
- In the complaint, the Customer should provide his/her 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 when the complaint will be considered. In the case of deficiencies in the complaint, the Seller shall call on the Customer to complete the complaint to the extent necessary within 7 days from the date of receipt of the call by the Customer.
- Warranties
- The Goods may have a manufacturer’s or Seller’s guarantee.
- In the case of Goods covered by the guarantee, the information regarding the existence and content of the guarantee and the period for which it is granted is each time presented in the description of the Goods on the website of the Store.
XII. Out-of-court complaint and claim settlement methods
- A Customer who is a Consumer has, inter alia, the following possibilities of using out-of-court ways of dealing with complaints and pursuing claims:
- is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve a dispute arising from the concluded Sales Agreement;
- is entitled to apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller;
- may obtain free-of-charge assistance in resolving a dispute between a Customer and a Seller, using also free-of-charge assistance of a district (city) consumer ombudsman or a social organisation whose statutory tasks include protection of consumers (e.g. Federation of Consumers, Polish Consumers’ Association). Advice is provided by the Federation of Consumers at the toll-free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl;
- submit your complaint via the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Protection of personal data
The Seller collects and processes the personal data provided by the Customers in accordance with the applicable legal regulations and in accordance with the Privacy Policy, which constitutes Appendix No. 2 to the Terms and Conditions.
XIV. Final provisions
- All rights to the On-line shop, including property copyright, intellectual property rights to its name, Internet domain, the On-line shop website, as well as to the forms, logotypes belong to the Seller and their use may be performed only in the manner specified and compliant with the Terms and Conditions.
- Any disputes arising between the Seller and the Customer, who is a Consumer, shall be settled by the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
- Any disputes arising between the Seller and a Customer who is an Entrepreneur are referred to the competent court for the seat of the Seller.
- In matters not regulated in these Terms and Conditions, 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 shall be informed of any amendments to these Terms and Conditions by means of information on the main page of the Internet Shop containing a summary of the amendments and the date on which they become effective. Customers who have an Account shall additionally be informed of the changes together with a summary thereof at the e-mail address indicated by them. The effective date of the changes shall not be shorter than 14 days from the date of their announcement. If the Customer who has an Account does not accept the new content of the Terms and Conditions, he/she is obliged to inform the Seller about this fact within 14 days from the date of informing about the changes to the Terms and Conditions. Notifying the Seller about the lack of acceptance of the new content of the Terms and Conditions shall result in termination of the Agreement.