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Statute

REGULATIONS OF THE SPORTOWYBUTIK.PL ONLINE STORE

Contents:

§ 1 Definitions
§ 2 General provisions
§ 3 Customer Account
§ 4 Orders
§ 5 Payment and price
§ 6 Delivery
§ 7 Withdrawal from the contract
§ 8 Warranty for defects
§ 9 Personal Data Protection
§ 10 Provision of services by electronic means
§ 11 Final provisions


§ 1 Definitions


The terms used in the Regulations mean, respectively:
1) Shop / Online Shop – online shop run by the Seller, available at https://sportowybutik.pl;
2) Seller – DEWMAR SC with its registered office at 181 Środkowa Street in Białka Tatrzańska (34-405), NIP: 7361704140 , e-mail address info@sportowybutik.pl; 
3) Customer – a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, purchasing Products via the Online Store,
4) Registered Customer – a Customer using the Online Store who has registered and created a Customer Account;
5) Registration – a one-time action performed by the Customer within the Online Store, consisting in completing the registration form in order to create a Customer Account;
6) Password - a sequence of letters, numbers or other characters specified by the Customer during Registration in the Online Store, enabling access to the Customer Account and serving to secure it;
7) Customer Account – an individual Customer panel available after Registration and logging in, marked with a login and password, used to purchase Products via the Online Store, as well as to enable the Customer to obtain information about the history of Orders;
8) Consumer – a natural person purchasing Products in the Online Store for purposes not directly related to his or her business or professional activity,
9) Entrepreneur – a natural person, legal person or entity without legal personality, purchasing Products in the Online Store as part of business or professional activity.
10) Regulations – this document specifying the rights and obligations of the Seller and the Customer as well as the terms and conditions for placing Orders and purchasing Products and concluding Sales Agreements;
11) Working day – one day from Monday to Friday, excluding public holidays within the meaning of the Act of 18 January 1951 on public holidays;
12) Shopping Cart - a service provided by the Seller in the Online Store, within which the Products added by the Customer to the Order are visible, enabling the placement and modification of the Order, as well as displaying the current value of the Order;
13) Order – a declaration of will of the Customer, constituting an offer to conclude a Sales Agreement submitted by the Customer to the Seller, submitted using the functionality of the Online Store, containing information necessary to conclude and perform the Sales Agreement.
14) Product – a movable item available in the Online Store, intended for sale on the basis of a Sales Agreement concluded by the Seller with the Customer, using the functionality of the Online Store; 
15) Sales Agreement - a sales agreement within the meaning of the Civil Code, concerning the sale by the Seller to the Customer of the Products covered by the Order, the terms of which are specified in the Regulations;
16) GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
17) Payment Operator – this shall be understood as the entity providing payment services within the Store on behalf of its Customers. The payment operator is the online payment service provider PayPal - PayPal (Europe) S.Ã rl et Cie, SCA, 22-24 Boulevard Royal L-2449, Luxembourg and the online payment service provider Polskie ePłatności (PeP) - PayLane Sp. z o. o. with its registered office in Gdańsk, ul. Cypriana Kamila Norwida 4, 80-280 Gdańsk.


§ 2 General provisions


1. The online store available at https://sportowybutik.pl is run by the company under the name DEWMAR SC with its registered office at 181 Środkowa Street in Białka Tatrzańska (34-405), NIP: 7361704140 , e-mail address info@sportowybutik.pl. 
2. The Regulations define the rights and obligations of Customers and the Seller.
3. The Regulations are drawn up in Polish and constitute a standard contract within the meaning of the provisions of the Act of 23 April 1964 - the Civil Code.
4. In order to conclude a contract with the Seller, the Customer may exercise the right to negotiate the terms of the contract before placing an Order. If the Customer waives the right to negotiate, these Terms and Conditions constitute the content of the contract concluded between the parties.
5. The Customer may access the Regulations at any time at: https://sportowybutik.pl/regulamin, as well as by saving it in any format on a medium of his choice. 
6. Unless otherwise expressly stated in the commercial information, the Products offered in the Online Store are new, free from physical and legal defects, and have been legally introduced to the Polish market. This information constitutes the Seller's obligation to deliver the Products to the Customer free of defects.
7. These Regulations constitute an integral part of all sales contracts concluded by the Seller, including contracts concluded through an Order placed by e-mail or telephone.
8. Communication with the Seller by the Customer results in the Customer incurring costs arising from agreements concluded by the Customer with third parties for the use of certain forms of remote communication. The Seller does not charge any additional fees or benefits for the ability to communicate with the Customer.
9. In the event of a dispute with the Seller, the Consumer has the opportunity to resolve the matter amicably by:
a) referring to a permanent consumer arbitration court,
b) mediation,
c) contacting the Provincial Inspector of Trade Inspection,
d) contacting the Consumer Federation,
e) using the platform for online dispute resolution between consumers and traders at EU level available at http://ec.europa.eu/consumers/odr (ODR Platform).


§ 3 Customer Account



1. In order to create a Customer Account, the Customer completes the Registration form by providing the data specified in the Registration form, including in particular the e-mail address, password, address and contact details.
2. The password provided when logging in to the Store may consist of letters, numbers, and/or special characters. Each password is unique to each Customer. The password can be changed in the Customer Account by providing an email address and a new password.
3. The user login is the Customer's e-mail address provided during registration.
4. Creating a Customer Account is free and voluntary.
5. Registration is not a requirement for placing an Order in the Store. The Customer may place an Order through the Online Store without prior Registration, using the Order form.
6. The Customer undertakes to provide true data.


§ 4 Orders


1. Information about Products presented in the Online Store does not constitute an offer within the meaning of the provisions of the Civil Code, but constitutes an invitation to conclude a Sales Agreement.
2. Placing an Order constitutes an offer within the meaning of the provisions of the Civil Code, submitted to the Seller by the Customer.
3. The Customer has two ways to place an Order:
1) placing an Order after prior Registration, via the Customer Account,
2) placing an Order without Registration, via the Order form.
4. To place an Order, the Customer should add the Product they wish to purchase to the Cart. Adding a Product to the Cart does not constitute placing an Order. Products may be added or removed from the Cart at any time.
5. After logging in and adding Products to the Cart, a Customer with a Customer Account is redirected to the Ordering form to select the shipping and payment method. The Customer is then redirected to the Order Summary. The Order is placed by selecting the "Buy and Pay" button.
6. Customers who do not have a Customer Account will be redirected to the Order Placement form after adding Products to the Cart. This will allow them to provide their address, billing information, shipping method, and payment method. The Customer will then be redirected to the Order Summary. The Order is placed by selecting the "Buy and Pay" button.
7. The condition for placing an Order is to read and accept these Regulations, which the Customer confirms before placing the Order by checking the appropriate box in the Order form.
8. By clicking the "Buy and pay" button, the Customer places an Order with the obligation to pay.
9. Information about the total value of the Order, which includes the price of the Product and its delivery costs, is always provided on the Online Store's website during the Order process, including before the Customer directly confirms and submits the order. These are the total costs that the Customer is obligated to pay, including applicable taxes and delivery costs. 
10. After placing the Order, the Customer will receive an email message titled "Order Acceptance Confirmation" at the email address provided when placing the Order or associated with the Customer Account. This email constitutes acceptance of the Customer's offer. Upon informing the Customer of acceptance of their offer, a Sales Agreement is concluded between the Seller and the Customer.
11. Together with the information confirming acceptance of the Order, the Seller sends the Customer attachments in PDF format in the form of these Regulations, instructions on the right to withdraw from the contract, a template of the declaration of withdrawal from the contract and a template of the complaint form.


§ 5 Payment and price


1. The Customer may pay for the Product in the Order placed in the following manner: 
a) in cash (cash on delivery) upon delivery of the Product by the supplier,
b) online payment or payment by card via the selected Payment Operator.
2. Prices listed on the Online Store website are gross prices and are expressed in Polish zloty. The Product price before adding it to the Cart does not include shipping costs.


§ 6 Delivery


1. The Customer selects the delivery method from those available on the Online Store website. Delivery is made to the address provided by the Customer in the Order. Deliveries take place on Business Days.
2. The costs of delivering the Product, which in addition to the price of the Product are borne by the Customer, are provided on the Online Store website when placing the Order.
3. Upon the release of the Product, the benefits and burdens associated with the item, as well as the risk of accidental loss or damage, are transferred to the Buyer. In the case of an Entrepreneur, the release of the Product is considered to be the entrusting of the Product by the Seller to a carrier or forwarder. In the case of a Consumer, the release of the Product is considered to be the receipt of the Product from the carrier or forwarder by the Customer.
4. A Customer who is an Entrepreneur is obligated to check the condition of the Product upon delivery and in the presence of a representative of the entity carrying out the transport or forwarding. If any damage to the shipment is detected, the Entrepreneur is obligated to draw up an appropriate report.
5. It is recommended that the Customer who is a Consumer, if possible, inspect the Product after delivery and in the presence of a representative of the entity carrying out the transport or forwarding. If any damage to the shipment is detected, it is also recommended that the Consumer draw up an appropriate report and contact the Seller immediately.
6. In the case of Orders placed by persons who are not Consumers, if the Seller cannot fulfill the obligation due to the fact that the ordered Product is not available, he is entitled to withdraw from the Sales Agreement within thirty days of concluding it.


§ 7 Withdrawal from the contract


1. A Customer who is a Consumer and who has concluded a distance contract via the Online Store may withdraw from it within 14 days without giving any reason.
2. The right to withdraw from the contract does not apply to the Consumer in the cases referred to in Article 38 of the Act of 30 May 2014 on consumer rights.
3. The withdrawal period begins on the date the Customer takes possession of the Product or on which a third party designated by the Customer, other than the carrier, takes possession of the Product. To meet the withdrawal period, it is sufficient to send the declaration of withdrawal before the expiry of the withdrawal period.
4. The Customer may exercise the right to withdraw from the sales contract by sending a completed and signed declaration of withdrawal from the contract to the following address: SprotowyButik.pl - DEWMAR SC, ul. Środkowa 181, 34-405 Białka Tatrzańska or by e-mail to the following address: info@sportowybutik.pl.
5. When exercising the right to withdraw from the sales contract, the Customer may use the withdrawal form available on the Online Store website, which was also sent to the Customer as an attachment together with information about acceptance of the Order, but this is not obligatory.
6. In the event of withdrawal from the contract, the contract is deemed not to have been concluded.
7. In the event of withdrawal from the contract, the Customer is obligated to return the purchased Product immediately, but no later than 14 days from the date of withdrawal. To meet this deadline, it is sufficient to send the returned Product within 14 days to the following address: SprotowyButik.pl - DEWMAR SC, ul. Środkowa 181, 34-405 Białka Tatrzańska.
8. The costs of returning (sending back) the Product are borne by the Customer.
9. The Seller shall immediately, no later than within 14 days from receipt of the Customer's declaration of withdrawal from the contract, refund to the Customer all payments made by him, including the costs of delivery of the goods, with the exception of additional costs resulting from the Customer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller.
10. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has indicated in the declaration of withdrawal from the contract a different method of refund that does not involve any costs for him.
11. The Seller may withhold reimbursement of payments received from the Customer until the Product is received back or the Customer provides proof of sending it back, whichever occurs first.


§ 8 Warranty for defects


1. A Customer who is an Entrepreneur is not entitled to warranty rights for defects in the goods sold.
2. The Seller is liable to the Customer who is a Consumer for physical or legal defects of the sold goods, under the terms specified in Article 556 et seq. of the Civil Code.
3. A complaint may be submitted by a Customer who is a Consumer in writing to the following address: SprotowyButik.pl - DEWMAR SC, ul. Środkowa 181, 34-405 Białka Tatrzańska or by e-mail to: info@sportowybutik.pl.
4. When submitting a complaint, the Customer may use the complaint form template available on the Online Store website, but this is not obligatory.
5. If a complaint is submitted without using the complaint form template, it is recommended to include at least the following information in the complaint: 
1) name, surname, company name, tax identification number, correspondence address and contact details;
2) information regarding the date of conclusion of the contract together with confirmation of its conclusion;
3) information and circumstances relating to the subject of the complaint, in particular the type and date of occurrence of the defect; 
4) a request regarding the manner of considering the complaint.
6. The Seller will respond to the Customer's complaint immediately, no later than 14 days from the date of its submission. Failure by the Seller to respond within this timeframe means that the Seller has deemed the complaint justified.
7. If the complaint is rejected, the Customer will also be informed whether or not the Seller consents to an out-of-court resolution of the dispute. If consent is granted, the Seller will refer the Customer to the entity competent for out-of-court resolution of the dispute.


§ 9 Personal Data Protection


Detailed information regarding the processing of Customers’ personal data is specified in the “Privacy Policy”, available at: https://sportowybutik.pl/polityka-prywatnosci, which constitutes an integral part of these Regulations.



§ 10 Provision of services by electronic means


1. The Seller provides the following Electronic Services via the Online Store:
1) setting up and maintaining a Customer Account in the Online Store;
2) enabling the placement of an Order and the conclusion of a Sales Agreement;
3) enabling the use of the Shopping Cart;
4) Newsletter;
5) providing data and materials contained in the Online Store, including in particular information about Products;
6) enabling the sending of messages via the contact form available in the Online Store.
2. Technical requirements necessary for cooperation with the IT system through which the Seller provides Electronic Services:
1) a PC or other device enabling the use of the Store;
2) access to the Internet;
3) access to e-mail;
4) appropriate software in the form of a web browser.
3. The Customer is prohibited from providing illegal content. 
4. The agreement for the provision of services by electronic means is concluded when the Customer creates a Customer Account, when he/she subscribes to the Newsletter service, and when he/she starts using a given functionality of the Online Store enabling the use of a specific electronic service.
5. The agreement for the provision of electronic services consisting of creating and maintaining a Customer Account in the Online Store, as well as the provision of the Newsletter service, is concluded for an indefinite period. With respect to other electronic services provided through the Online Store, the agreement for the provision of these services is concluded for an indefinite period and terminates upon and through the Customer's cessation of using the given electronic service, without the need to submit any additional declarations.
6. The Buyer may, at any time and without giving any reason, terminate the contract referred to in paragraphs 4 and 5 by sending an appropriate declaration via e-mail to the following address: info@sportowybutik.pl or in writing to the following address: SprotowyButik.pl - DEWMAR SC, ul. Środkowa 181, 34-405 Białka Tatrzańska.
7. The Customer may submit a complaint regarding the services provided electronically by the Seller via e-mail to the following address: info@sportowybutik.pl or in writing to the following address: SprotowyButik.pl - DEWMAR SC, ul. Środkowa 181, 34-405 Białka Tatrzańska.
8. The Seller will consider a complaint regarding services provided electronically within no more than 30 days from the date of its receipt, immediately informing the Buyer of its results.


§ 11 Final provisions


1. Customers can access these Terms and Conditions at any time via the link provided on the Online Store website. These Terms and Conditions may be recorded, obtained, and reproduced by printing them or saving them to an appropriate data carrier.
2. The provisions of these Regulations are not intended to exclude or limit any rights of Consumers granted to them under mandatory provisions of law, including in particular the Act of 30 May 2014 on Consumer Rights. In the event of any unintentional inconsistency of the Regulations with the above provisions, these provisions shall take precedence and shall be applied by the Seller.
3. If any provision of these Terms and Conditions is deemed unlawful, invalid, or otherwise unenforceable to the extent permitted by law, it shall be excluded to that extent. The remaining provisions of these Terms and Conditions shall remain in effect.
4. The Seller may amend the provisions of the Regulations after notifying Customers by publishing the consolidated text of the Regulations on the Online Store website. Amendments to the Regulations or new text of the Regulations will take effect 14 days after the date the new text of the Regulations is posted on the Online Store website.
5. Orders placed during the validity of the previous version of the Regulations will be fulfilled in accordance with its provisions.
6. All graphic elements of the Online Store, technical solutions used therein, content elements, as well as the manner in which graphic elements and content are presented (layout), as well as software, databases and other materials placed within the Online Store are subject to the Seller's copyright and are protected in accordance with the provisions of the Act of 4 February 1994 on Copyright and Related Rights. 
7. In order to use the Online Store, the Seller grants Customers a non-exclusive, non-transferable, and non-assignable License to use the Online Store for the duration of their use of the Online Store. Under the License, the User is only entitled to temporarily reproduce the Online Store by displaying it in a web browser, as well as saving temporary files in order to use the available functionalities in a manner consistent with these Terms and Conditions. 
8. These Regulations are governed by Polish law and are subject to the jurisdiction of Polish courts.
9. Any disputes arising between the Seller and the Customer who is a Consumer will be resolved by a common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
10. Any disputes arising between the Seller and the Customer who is not a Consumer within the meaning of this Act shall be resolved by a common court having jurisdiction over the Seller's registered office.