R=Terms and Conditions of the www.sneakerhouse.eu shop
I. General provisions
- Those Terms and Conditions specify the general terms and manner of providing services digitally, as well as selling goods via the www.sneakerhouse.eu Online Shop. The shop in question is owned by Krystian Brzeski, managing his business undertaking under the name of Sneakerhouse Krystian Brzeski, entered into the register of entrepreneurs of the Business Activity Central Register and Information Record kept by the Minister of Development and Finance, TIN no.: 8121860088, REGON no.: 147087783, Zelechowska 20 Street, 21-400 Lukow, hereinafter referred to as the Seller.
- The Seller can be contact via:
- e-mail: firstname.lastname@example.org,
- contact form
- Those Terms and Conditions shall be always available on the www.sneakerhouse.eu in a manner allowing for its opening, reading, and saving its content by printing it out or saving it on a data carrier at any time.
- The Seller informs that taking advantage of services provided digitally may be connected with a threat for the Internet user that is based on the possibility of a malicious piece of software being introduced to the IT system or user’s data being acquired and modified without its consent by unauthorized bodies. In order to avoid such a risk, the Client shall utilize proper technical means that may limit the risk of such situation occurring, especially – antivirus software and a Firewall protection.
Notions utilized within those Terms and Conditions shall be understood as follows:
- Working days – days from Monday to Friday, except for bank holidays;
- Client – natural person with a full capacity to act in law, natural person managing a business undertaking, legal person or an organizational unit not being a legal person that is granted legal capacity by law regulations, who places an order in the Online Shop or takes advantage of other services available within the Online Shop;
- Civil Code – Act of 23rd April 1964 (The Journal of Laws no. 16, pos. 93 with amendments.);
- Account – a part of the shop assigned to the Client, thanks to which the Client can perform particular actions within the Shop;
- Consumer – Client being a consumer as understood by article 22 of the Civil Code;
- Entrepreneur – Client being an entrepreneur as understood by article 43 of the Civil Code;
- Terms and Conditions – this document;
- Goods – items offered via the shop, the description of which is visible next to each and every item presented to the Client;
- Sales agreement – Goods Sales Agreement as understood by the Civil Code, concluded between the Seller and the Client;
- Services – services provided by the Seller to the Clients in a digital manner as understood by the provisions of the Act of 18th July 2002 on Rendering Electronic Services (The Journal of Laws no. 144, pos. 1204 with amendments);
- Act on Consumer Rights – Act of 30th May 2014 on Consumer Rights (The Journal of Laws of 2014, No. 827);
- Act on Rendering Electronic Services – Act of 18th July 2002 on Rendering Electronic Services (The Journal of Laws no. 144, pos. 1204 with amendments);
- Order – Client’s declaration of intent directly oriented towards concluding a Sales Agreement and specifying the type and amount of Goods to be purchased.
III. Principles governing the utilization of the Shop
- Utilization of the Shop is possible after meeting the following minimal requirements by the IT system taken advantage of by the Client:
- computer or a mobile device with an Internet access,
- access to e-mail account,
- Internet Explorer 11 or newer 11, Firefox 28.0 or newer, Chrome 32 or newer, Opera 12.17 or newer, Safari 1.1. or newer,
- Utilization of the Shop shall mean each and any action performed by the Client that leads to the said party familiarizing himself or herself with the content of the Shop.
- The Client Shall be required to:
- avoid publishing and disclosing content that is prohibited by legal regulations, e.g. materials promoting violence, defamatory content, or materials violating personal rights and other rights of third parties,
- utilize the Shop in a manner that does not disrupt its proper functioning, especially by not using certain pieces of software or devices,
- avoid performing such actions as: sending or publishing unwanted commercial information (Spam),
- use the Shop in a manner that is not problematic for other Clients and the Seller,
- take advantage of all the content published in the Shop for Client’s individual purposes only,
- utilize the Shop in a manner that is consistent with the provisions of the law applicable within the borders of the Republic of Poland, the provisions of those Terms and Conditions, as well as general principles of using the Internet.
- The Seller shall make it possible for the Clients of the Shop to take advantage of toll-free services that shall be provided by the Seller in the 24/7 model.
- Service based on creating an Account in the Shop shall be available after registration. Registration shall have the form of filling in and then accepting a registration form that is available on one of pages of the Shop. The Agreement on Digital Service Rendering shall be concluded for an unspecified period of time and shall be terminated when the Client informs the Seller about his or her willingness to delete the account or he or she clicks the “Delete the Account” button.
- The Client may receive commercial information from the Seller that shall be sent to the e-mail address of the Client (the Newsletter service). In order to receive such information, the Client has to enter the valid e-mail address and activate a proper field in the registration form or ordering form. The Client can withdraw his or her consent to receive such information at any time. The Newsletter Sending Agreement shall be concluded for an unspecified period of time and shall be terminated after the Client informs the Seller that he or she requests his or her e-mail address to be deleted from the database, as well as after the Client clicks the opt out link included in Newsletter sent to sad party.
- The Client shall have the possibility of publishing individual and subjective comments regarding, inter alia, the Goods or transaction handling procedure. By publishing such content, the Client shall claim that he or she has all the right to such comments, especially material copyrights, rights alike, and industrial property rights. The Comment Posting Agreement shall be concluded for a specified period of time and shall be terminated after a comment being posted.
- Comments shall be transparent and understandable. Furthermore, they shall not violate the applicable law regulations, including rights of third parties. They shall not be defamatory in character, violate personal rights, or have signs of unfair competition. Published comments shall be visible on specific subpages of the Shop.
- By posting a comment, the Client agrees the Seller to utilize it in a toll-free manner, disclose it, as well as edit it as understood by the Act of Copyrights and Related Rights (The Journal of Laws of 1994 no. 24 pos. 83).
- The Seller shall have the right to organize occasional competitions and promotions the conditions of which shall be published on specific subpages of the Shop. Promotion in the Shop shall not be combined with other ones, unless those Terms and Conditions state otherwise.
- In the case of the Client violating the provisions of those Terms and Conditions, the Seller shall at first request the Client to stop such violations. If such requests prove to be ineffective, the Seller may terminate the Agreement on Rendering Electronic Services upon 14-day notice period.
V. Sales Agreement conclusion procedure
- Information on Goods published in the Shop, especially their descriptions, technical and utilitarian parameters, as well as their prices shall be treated as invitations to conclude the Agreement as understood by article 71 of the Civil Code.
- All the Goods available in the Shop shall be brand new, legal and physical fault free, as well as introduced to the Polish market in a legal manner.
- To place an Order, the Client has to have an active e-mail account.
- In the case of placing an Order via the Ordering form available on the website of the Shop, the Order shall be sent to the Seller in a digital form and shall be treated as an offer to conclude the Goods Sales Agreement relating to Goods being the subject of the Order. The digital Offer shall be considered binding if the Seller sends a confirmation of Order reception, which shall be equivalent to a statement that the Seller has accepted the Offer of the Client and agrees to conclude the Goods Sales Agreement with said party.
- Order Placement in the Shop via phone or via sending an-email message shall be possible on Working Days and in hours specified on the website of the Shop. To place an Order, the Client shall:
- provide the name and quantity of the desired Goods in the content of the message sent to the Seller,
- specify both shipping and payment methods by selecting them from the ones available on the website of the Shop,
- enter data required to realize the Order, especially: name, surname, place of delivery, and e-mail address.
- Information on the total value of the Order shall be provided by the Seller orally after completing the Order or specified in a digital form by sending the Client a message together with the notification that the conclusion of the Agreement discussed above shall be connected with the responsibility of undertaking the payment for the goods ordered. Sending said message shall be equivalent to concluding the Agreement with the Client.
- In the case of a Client being a Consumer, the Seller shall send such Client (via phone or e-mail) the confirmation of the conditions of the Order placed that shall include the following pieces of information:
- description of the subject of the Order,
- individual and total price of the ordered Goods or Services including applicable taxes, shipping costs, and additional costs (if applicable),
- method of contacting the Seller and his data,
- selected payment method and date,
- selected shipping method,
- shipping time,
- contact data of the Client,
- those Terms and Conditions,
- notification that concluding the Agreement shall be equivalent to the Client being obliged to pay for the Goods ordered,
- notification on the right to withdraw from the Agreement together with a withdrawal template.
- The Agreement shall be concluded after the Client being a Consumer sends a message to the Seller (replying to the confirmation of Order conditions sent by the Seller) including: notification on accepting the content of the Order, consent for the Order to be realized, information that the Client accepts those Terms and Conditions, as well as that he or she has familiarized himself or herself with the notification on the right to withdraw from the Agreement.
- After concluding the Sales Agreement, the Seller shall confirm its conditions by sending the content of the Agreement to the e-mail address of the Client or to the postal address of the said party.
- Sales Agreement shall be concluded in Polish and shall be compliant with those Terms and Conditions.
- Items shall be delivered only within the borders of the Republic of Poland and the ordered Goods shall be delivered to the address specified by the Client while placing the Order.
- The Client shall select the following forms of shipping the Ordered goods:
- via a courier company,
- via a postal operator,
- by means of collection in person in a spot specified by the Seller.
- On the website of the Shop, in the description of the Goods, the Seller shall inform the Client about the number of Working Days required to realize the order, ship the Goods, as well as about the applicable shipping costs.
- Delivery and Order realization dates shall be calculated in Working Days, as specified in point VII subsection 2.
- On Client’s request, the Seller shall send a receipt or a VAT invoice for the ordered Goods together with the items shipped.
- If the ordered Goods have varying delivery timeframes, the longest one shall apply to the entire Order.
VII. Prices and payment methods
- Prices of the offered goods shall be provided in Polish Zloty and shall include all additional costs and taxes, such as VAT, customs, and fees alike.
- The Client can select one of the following payment methods:
- bank transfer to the bank account specified by the Seller (in the said case, the Order realization procedure shall start after sending the Client Order reception confirmation. The Goods shall be shipped immediately after the undertaken payment being booked on the bank account of the Seller and the Order having been considered to be complete);
- in cash while collecting the parcel in person - payment shall be made in the collection spot specified by the Seller (in this case, the Order shall be realized immediately after sending the Client Order reception confirmation. The ordered Goods shall be given out to the Client in the collection spot during working hours specified on the website of the Shop);
- in cash in the COD scheme (in this case, Order realization and shipment shall start after sending the Client the Order reception confirmation and considering the Order to be complete);
- digital payment (in this case, the Order shall be realized after sending the Client Order reception confirmation and after receiving a notification from the payment-related service provider that the Client has undertaken the payment. The Goods shall be shipped immediately after considering the Order to be complete).
- On the website of the Seller, said party shall inform the Client about the term in which he or she is obliged to undertake the payment for the Order. In the case of the failure of the Client to undertake the payment in the specified the date, the Seller shall notify the Client about the necessity to pay for the ordered Goods or withdraw from the Agreement basing on article 491 of the Civil Code.
VIII. Right to withdraw from the Agreement
- The Client being a Consumer may withdraw from the Agreement without providing any justification of the said decision within 30 days. To consider the withdrawal to be effective, the Client shall send a notification before the elapse of the specified timeframe.
- The Client can formulate the notification by himself or herself, as well as take advantage of the Agreement withdrawal template being Annex no. 1 to those Terms and Conditions.
- 30-day timeframe shall start on the day of Goods delivery or – in the case of Service Provision Agreement – on the day of its conclusion.
- After receiving the notification from the Client, the Seller shall send a withdrawal notification reception confirmation to the e-mail address of the Client.
- The right to withdraw from the Agreement shall not apply in the case of:
- service provision, if the Seller has provided the ordered service in full after the Client giving assent for that and after informing the Client that after service provision, he or she will lose the right to withdraw from the Agreement;
- Agreement, in the case of which the price or remuneration is dependent on financial market fluctuations that are outside Seller’s control and that may occur before the elapse of the withdrawal period;
- Agreement, in the case of which the subject is a prefabricated item made in compliance with the specification provided by the Client or serving a highly specific purpose;
- Agreement, in the case of which the subject is an item that may break down easily or has a short best-before date.
- Agreement, in the case of which the subject is an item provided in a sealed container, after opening which it is not possible to return said item due to health protection or hygiene-specific principles;
- Agreement, in the case of which the subject is an item that has to, due to its specificity, be combined with other items after delivery;
- Agreement, in the case of which the subject are alcoholic beverages, the price of which has been specified while concluding Sales Agreement and which can be delivered after 30 days, as well as the value of which may be affected by market fluctuations the Seller has no control over;
- Agreement, in the case of which the Client has requested the Seller to come to his or her premises to perform an emergency repair or maintenance; if the Seller provides additional services or provides Goods different than spare parts that are necessary to perform said repair or maintenance, the Client has the right to withdraw from the Agreement relating to such additional services or Goods;
- Agreement, in the case of which the subject are visual or sound recordings, as well as pieces of computer software that are provided in a sealed container, providing that the container in question has been opened after delivery; it also refers to the delivery of magazines, newspapers, and journals, except subscription-specific Agreements;
- Agreement that has been concluded as a result of a public auction;
- Agreement on providing accommodation services for purposes other than habitation, vehicle leasing, gastronomy, recreation and relaxation-related services, sports, cultural, or entertainment-oriented events, providing that the Agreement specifies the day or the date of service provision;
- Agreement on providing digital content that is not saved on a material data carrier, providing that the service provision started after an explicit assent being given by the Client before the elapse of the Agreement withdrawal period and after the Client being informed about losing the right to withdraw from the Agreement.
- In the case of withdrawing from an Agreement concluded remotely, such Agreement shall be considered null and void. The delivered Goods have to be returned to respective parties in an unchanged state, unless the change of the state has been necessary to specify the nature, specificity, and functionality of the Goods. The Return shall take place immediately, no later than within 14 days. The purchased Goods shall be sent to one of the following addresses of the Seller:
Address for clients from Germany:
Maximus Gruppe/ Sneakerhouse98, Heilige-Grab-Str.32, 02828 Görlitz, Germany
Address for clients from Great Britain:
Sneakerhouse, Unit D, 26 Thornleigh Trading Estate, Dudley, West Midlands DY2 8UB, Great Britain
Address for clients from France:
Sneakerhouse , 22 Rue Edmond Rostand Porte 0012, Lambersart 59130, France
Address for clients from other countries:
Sneakerhouse, Zelechowska 20 Street, 21-400 Lukow, Poland
- The Seller shall immediately, but no later than after 14 days from the moment of receiving the notification about withdrawing from the Agreement from the Client, return the Client all the payments made, including Goods delivery costs. The Seller shall return the payments in the same way they have been undertaken, unless the Consumer agrees for a different return form that would not be connected with any additional costs on the Seller’s part. The Seller may withhold the return until receiving the returned items or proof of returning them from the Client, whichever comes first, unless the Seller proposes to collect the Goods from the Client personally.
- If the Client has selected a different method of Goods delivery than the cheapest one offered by the Seller, the Seller shall not be obliged to compensate the Client for any additional costs incurred.
- The Client shall only cover the direct cost of Goods returning, unless the Seller agrees to cover such expense.
IX. Warranty-related complaints
- The Seller shall provide the Client with Goods being free of any faults.
- The Seller shall be held responsible towards the Client being a Consumer for any faults identified in compliance with the provisions of articles 556 – 576 of the Civil Code. The responsibility shall not apply in the case of Clients being Entrepreneurs.
- Complaints resulting from the violation of Client’s right that are justified by law or the provisions of those Terms and Conditions shall be sent to: Sneakerhouse, Zelechowska 20 Street, 21-400 Warsaw, or to the following e-mail address: email@example.com.
- For the complaint to be handled, the Client shall sent the faulty Goods to the Seller and if possible, additionally provide a proof of purchase. The Goods shall be delivered or sent back in a mode specified in point 3.
- The Seller shall claim to handle each and every complaint within 14 days.
- In the case of the complaint being incomplete, the Seller shall request to complete it immediately, no later than 7 days from the moment of receiving the incomplete complaint from the Seller.
X. Digital service rendering-related complaints
- The Client may make a complaint relating to the mode of functioning of the Shop and the manner of Service provision. Complaints shall be sent to: Sneakerhouse, Zelechowska 20 Street, 21-400 Lukow, or to the following e-mail address: firstname.lastname@example.org.
- While making a complaint, the Client shall provide his or her name, surname, contact address, as well as the type and description of the issue encountered.
- The Seller shall claim to handle each and every complaint within 14 days. If it turns out to be impossible, the Seller shall inform the Client about when the complaint will be handled. In the case of the complaint being incomplete, the Seller shall request to complete it immediately, no later than 7 days from the moment of receiving the incomplete complaint from the Seller.
- Goods may be covered by a producer, Seller, or importer warranty.
- In the case of Goods covered with a warranty, the information about the existence of such a warranty and its scope shall be included in the description of such Goods available on the website of the Shop.
XII. Extrajudicial complaint handling and claim pursuing methods
- Client being a Consumer shall have the possibility of taking advantage of the following methods of extrajudicial complaint handling and claim pursuing:
- such Client shall have the right to present the case to a consumer arbitration court cooperating with the Trade Inspectorate and request a dispute arising from the concluded Sales Agreement to be resolved;
- such Client shall have the right to present the case to a regional representative of the Trade Inspectorate and request to start mediation-related proceedings to ensure the amicable resolution of a dispute between the Seller and the Client;
- such Client shall have the right to toll-free support aiming at settling the matter between the Client and the Seller, as well as to toll-free support of the local (municipal) consumer right ombudsman or a societal organization the major goal of which is to protect Consumer rights (e.g. Consumer Federation, Polish Consumer Association). The Consumer Federation offers free support via phone: 800 007 707. The Polish Consumer Association offers free support via e-mail: email@example.com;
- such Client shall have the right to make a complaint via the EU-based ODE platform available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
XIV. Final remarks
- All the rights to the Shop, including material copyrights, intellectual property rights to its name, domain, website, forms, and logos shall be owned by the Seller and the Client may take advantage of them in compliance with the provisions of those Terms and Conditions only.
- Any disputes arising between the Seller and the Client being a Consumer shall be presented to proper courts as specified by the provisions of the Code of Civil Procedure.
- Any disputes arising between the Seller and the Client being an Entrepreneur shall be presented to a proper court having jurisdiction over the Seller’s seat.
- To all the cases not governed by those Terms and Conditions, the provisions of the Civil Code, Act on Rendering Electronic Services, Act on Consumer Rights, and other Polish legal regulations shall apply.
- The Client shall be informed about all the changes introduced to those Terms and Conditions by being notified about said fact via a notification published on the website of the Shop, including the list of changes introduced and the date of the new Terms and Conditions entering into force. Clients having accounts in the Shop shall be additionally informed about the changes via e-mail. Changes shall enter into force no earlier than after 14 days from the moment of announcing them. If the Client having an account does not agree for the changes in those Terms and Conditions, he or she shall inform the Seller about the said fact within 14 days from the moment of learning about the changes being introduced. The notification sent to the Seller shall result in terminating the Agreement with the Client.
Annex no. 1 - Return form - download