REGULATIONS OF THE ONLINE SHOP EFOOTWEAR.EU
I. GENERAL PROVISIONS
II. ELECTRONIC SERVICES IN THE ONLINE SHOP AND THE APPLICATION
III. TERMS AND CONDITIONS OF CONCLUDING THE SALE AGREEMENT
IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
V. COST, METHOD AND DELIVERY TIME OF THE PRODUCT
VI. COMPLAINTS OF THE PRODUCT
VII. OUT-OF-COURT PROCEDURES OF SETTLING COMPLAINTS AND MAKING CLAIMS AS WELL AS RULES OF ACCESSING THESE PROCEDURES
VIII. RIGHT OF WITHDRAWAL FROM AGREEMENT
X. PERSONAL DATA PROTECTION
XI. TERMINATION OF THE AGREEMENT FOR SERVICE PROVISION AND CHANGES TO THE REGULATION
XII. PROVISIONS CONCERNING NON-CONSUMER CLIENTS
XIII. FINAL PROVISIONS
1. Model of a remote agreement withdrawal form
Online Shop www.efootwear.eu cares about consumer rights. The consumer may not waive the rights conferred on them by the Act on Consumer Rights. The provisions of the agreements less favourable for the consumer than the provisions of the Act on Consumer Rights shall be void and, instead of them, the provisions of the Act on Consumer Rights are applied. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be interpreted for the benefit of the consumer. In the event of any possible and unintended inconsistency of the provisions of these Regulations with the above laws, these laws are of the priority and shall be applied by the Seller.
1. Online Shop available at the online address www.efootwear.eu is run by the company MODIVO S.A., based in Zielona Góra, at ul. Nowy Kisielin – Nowa 9, 66-002 Zielona Góra (which is the correspondence address), registered in the Register of Entrepreneurs kept by the District Court in Zielona Góra, VIII Commercial Department of National Court Register, under NCR /KRS/ number 0000541722, Taxpayer Identification Number /NIP/ 929-13-53-356, Business ID /REGON/ 970569861, of a share capital: 2,008,001 PLN paid in full; e-mail: firstname.lastname@example.org, contact phone number: (+48) 68 422 84 04 or mobile 507 599 050 (charged at standard call – according to the price list of the appropriate operator).
2. Using the Online Shop requires that the terminal equipment and the IT system used by the Client meet the Technical Requirements.
3. These Regulations are addressed both to Clients being the Consumer and to Non-Consumer Clients who use the Online Shop, Electronic Services or concluding Sale Agreements (except for point XII of the Regulations, which is addressed exclusively to non-Consumer Clients).
4. Acceptance of the Regulations is voluntary, but necessary to create an Account and/or for the Client to place an order.
5. Information presented in the Online Shop or, in the case of placing Orders using other means of remote communication, an electronic message confirming the content of the proposed Sale Agreement referred to in point III paragraph 6 letter a of the Regulations, constitute only the invitation to conclude an agreement within the meaning of art. 71 Civil Code, directed by the Seller to the Client, and not the offer under the provisions of the Civil Code.
6. Whenever the following capitalized terms are used in the further part of these Regulations, they shall be construed as meaning hereunder, unless otherwise expressly stated in the context of their use:
a. APPLICATION - a software (a mobile application) provided to the Client by the Seller, intended to be installed on a mobile device owned by the Client and enabling to use the Online Shop without the need to launch a web browser.
b. CSC /BOK/ - Seller's Client Service Centre, which provides Clients with information about the activities of the Online Shop, including the Products, in the Online Store, the Regulations and the current Promotions, on Working Days, in hours indicated in the Online Shop in the "Contact" tab, under the numbers indicated therein phone number and e-mail address, via chat in the Online Shop and the contact form in the Online Shop in the "Contact" tab. The cost of connecting to the Customer Service Office - a charge as per standard connection - according to the price list of the relevant operator).
c. PRICE - specified in EUR or in other currency the amount of gross renumeration (including tax) payable for the Seller for the transfer of ownership of the Product to the Client in accordance with the Sale Agreement. The price does not include delivery costs unless otherwise stated in the Promotion conditions.
d. WORKING DAY - one day from Monday to Friday excluding public holidays.
e. PASSWORD - a string of alphanumeric characters necessary to perform authorization while accessing the Account which is defined by the Client when creating the Account. Account Registration requires two times the password to be repeated in order to detect and correct any errors. The Client is obliged to keep the Passwords in strict confidence (not to disclose it to any third party). The Seller provides the Client with the multiple opportunity to change the Password.
f. CLIENT - (1) a natural person; or a person acting by the person empowered; (2) a legal person; or (3) an organizational unit without being in the form of a legal personality, the law of which recognizes the legal capacity; having a full legal capacity. Where the Client is a natural person with limited legal capacity, he/she undertakes to obtain legally effective consent of his/her statutory representative for the conclusion of the Service Agreement/ Sale Agreement and provide such consent upon any request of the Seller; whereas, as a general rule, the Purchase Agreements concluded within the Online Shop are of the nature of contracts commonly concluded in minor current affairs of everyday life.
g. CIVIL CODE - Civil Code Act of 23 April 1964 (Journal of Laws of 2014 item 121, as amended.)
h. CONSUMER - a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity.
i. ACCOUNT - Electronic Service, marked with an individual name (Login) and Password provided by the Client a collection of resources in the Seller's ITC system, allowing the Client to use additional functionality/services. The Client obtains access to the Account with the Login and Password. The Client logs into his Account after registering in the Online Shop. The Account allows storing and saving Client's address information for sending Products, tracking the Order status, access to the Order history and any other services provided by the Seller.
j. CART - service provided to each Client who uses the Online Shop by allowing him/her to make an Order of a one or more Products, make a booking, to enter discount codes enabling the Price to be reduced on the terms of separate agreements/regulations, to display a summary of Prices for each of the Products and all Products in total (including shipping costs), to display the expected delivery date of the Products. The Cart collects the offers of the conclusion of the Sale Agreement submitted by the Client, i.e. within one Order one can submit more than one offer of the conclusion of the Sale Agreement.
k. LOGIN - Client's email address provided within the Online Store while creating an Account.
l. NEWSLETTER - Electronic Service that allows all its Clients to receive automatically from the Seller cyclical information about Products, Online Shop, including new and special offers sent at the Client’s provided email address or a phone number at the explicit Client’s consent. The terms of providing the Newsletter's services by the Seller are set out in separate regulations made available as part of the Online Shop.
m. PRODUCT – a movable item available in the Online Shop that is the subject of the Sale Agreement between the Client and the Seller being paid by the Price. All Products presented in the Online Shop are brand-new.
n. PROMOTIONS - special terms of sale or provision of services regulated by the terms of the Online Store, proposed by the Seller for a specific period of time from which the Client may use under the terms specified therein, such as reduction of the Price or shipping costs.
o. REGULATIONS/SERVICE AGREEMENT - this document defining the terms of the Sale Agreements and the rules governing the provision and use of the services made available by the Seller via the Shop to Clients. The Regulations define the rights and obligations of the Client and Seller. As regards services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended).
p. ONLINE SHOP - a platform that enables a Client to make Orders and that provides services made available by the Seller, run by the Seller, constituting a set of interconnected websites, available at the Internet address: www.efootwear.eu as well as by the means of the Application.
q. SELLER - the company MODIVO S.A. based in Zielona Góra, at ul. Nowy Kisielin – Nowa 9, 66-002 Zielona Góra (which is the correspondence address), registered in the Register of Entrepreneurs kept by the District Court in Zielona Góra, VIII Commercial Department of National Court Register, under NCR /KRS/ number 0000541722, Taxpayer Identification Number /NIP/ 929-13-53-356, Business Activity Number /REGON/ 970569861, of a share capital: 2,008,001 PLN paid in full; e-mail: email@example.com, contact phone number: (+48) 68 422 84 04 or mobile 507 599 050 (charged at standard call – according to the price list of the appropriate operator).
r. CONTENT / CONTENTS - text, graphic or multimedia elements (such as Product Information, Product Photos, promotional videos, descriptions, comments) including works within the meaning of the Copyright and Related Rights Act and images of natural persons that are posted and distributed within the Online Shop by the respective Seller, the counterparties of Seller, Clients or other person using the Online Shop.
s. SALE AGREEMENT - sale agreement under the laws of the Civil Code concerning the sale by the Seller for the Client of Products for payment of the Price plus any additional charges, including shipping costs, the terms of which are specified in particular by these Regulations, Sale Agreement – is concluded between the Client and the Seller using the means of remote communication after accepting the Order by the Seller under the terms specified by these Regulations. The Sale Agreement specifies in particular the Product, its main features, Price, shipping costs and other relevant conditions. Each Product is the subject of the individual Sale Agreement. The Seller may enter into a Sale Agreement with a Non-Consumer Client also as a result of the conclusion of an agreement without the procedure set forth in these Regulations, as confirmed by e-mail at the request of the parties to the Sale Agreement.
t. ELECTRONIC SERVICE - provision of services by electronic means within the meaning of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), by the Seller for the Client via the Online Shop in accordance with the Service Agreement. Insofar as the services are provided by the parties cooperating with the Seller, the relevant provisions concerning the rules for the use of these services are set forth in the rules governing the provision of services by those entities.
u. ACT ON CONSUMER RIGHTS, THE ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827 as amended.)
w. ORDER - a statement of will of the Client expressing the direct will to conclude a Remote Sale Agreement using remote means of communication, specifying the Products for which the Client submits the offer of the Sale Agreement conclusion and the Client’s data necessary to possibly conclude and execute the Sale Agreement. The order for each Product will be treated as the Client's independent offer to conclude the Sale Agreement (technical assistance). An order can be assigned with one number, and all offers will be run in parallel. Acceptance of the Order means the conclusion of the Sale Agreement (see above).
II. ELECTRONIC SERVICES IN THE ONLINE SHOP AND THE APPLICATION.
1. The Seller provides through the Online Shop, free of charge, the following Electronic Services for Clients:
a. the Account,
b. Enabling Clients to place orders and conclude Sale Agreements under the terms specified in these Regulations;
c. Presenting Clients with the advertising content tailored to their interests;
d. Enabling Clients to use the services of the Cart;
e. Enabling viewing of the Content located within the Online Store;
g. for the Clients of the Application (the following may apply to current Electronic Services or introduced - the ability to use certain Electronic Services is due to the current functionality of the Application):
- scanning by the camera and saving the bar codes of selected products to compare their prices by the Client;
- presenting the Products in the Online Shop based on photos of the selected products uploaded by the Client
- searching the Seller's physical store or a specific point of the package collection through the geolocation;
- limiting the presented Products or Promotions e.g. to the size indicated by the Client (e.g. the shoe size) or to the category indicated by the Client (e.g. Products for Men/Women/Kids);
- presenting live notifications directly on the mobile device screen (a "push" notification);
- creating lists of Favourite Products;
2. The seller, in addition, for the Clients who created the Account, provides free of charge through the Online Shop the following services:
a. Maintaining the Client's session after logging into the Account (using a browser or the Application);
b. Storing and or making the Order history available to the Client by means of the Account.
3. Using the Account is possible after completing jointly and severally the following steps by the Client:
a. Completing the registration form and accepting the provisions of these Regulations,
b. Clicking on the "Register" box.
4. The Service Agreement is concluded upon receiving by the Client the confirmation of the conclusion of the Service Agreement sent by the Seller to the email address provided by the Client during the registration process. The account is provided free of charge for an indefinite period of time. The Client is entitled, at any time and without giving the cause, to remove the Account (cancelling from the Account) by sending an appropriate request to the Seller, in particular by an e-mail to: firstname.lastname@example.org or in writing to: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra. Setting the Account is not required to make an Order in the Online Shop.
5. The Use of the Cart commences with the very moment the Client adds the first Product to the Cart.
6. The Cart is provided free of charge and is of a one-off nature and shall be terminated when the Order is placed through it or when the Client earlier terminates placing the Order through it according to his will, whereas the Cart remembers the information of the Products selected by the Client also after ending the browser session or the Application, including logging out, for no longer than 7 days, however, it does not ensure the availability of items of the Products selected by the Customer in order to allow placing an Order at a later date. When using the Cart by Clients logged in to the Account through a browser, the Cart contents are synchronized to the Account that is then run by the Application (and the opposite).
7. The Client is obliged in particular to:
a. provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Client while creating the Account;
b. promptly update the data, including personal data, provided by the Seller's Client regarding the conclusion of the Service Agreement or the Sales Agreement, in particular as necessary for a proper performance; the Client is enabled to change the data entered while setting the Account at any time using the options available within the Account;
c. use the services and functionalities made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop or the Application;
d. use the services and functionalities made available by the Seller in a manner consistent with the applicable laws, the provisions of the Regulations as well as with the customs and rules of social cohesion adopted in the given scope;
e. use the services and functionalities made available by the Seller in a manner that is not inconvenient to other Clients and to the Seller;
f. pay in the full amount for the Price and other costs set by the Client and the Seller timely;
g. timely receipt of Products ordered using the method of delivery and payment on delivery, and subject to the Booking;
h. not provide or otherwise make available within the Shop any Content prohibited by applicable laws, in particular the Content infringing on the copyright of third parties or their personal rights;
i. not take actions such as:
- distributing or placing unsolicited commercial information in the Online Store or posting any Content that violates the laws (prohibition of posting unlawful content);
- undertaking IT activities or any other activities aimed at gaining possession of information not intended for the Client, including data of other Clients or interfering with the principles or technical aspects of the operation of the Online Store, the Application and the execution of payments;
- unauthorized modification of the Content provided by the Seller, in particular Prices or Products descriptions provided in the Store
j. download the Application only from the legitimate sources.
8. Complaints related to the provision of Electronic Services or the Application shall be submitted, for example:
a. in written form to: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra;
b. in an electronic form via e-mail to: email@example.com;
9. The Client is advised to include in the description of the complaint: (1) information and circumstances relating to the subject matter of the complaint, in particular the nature and date of the irregularities occurrence; (2) the Client’s demand and (3) the contact details of the complainant - this will facilitate and accelerate the handling of the complaint by the Seller. The requirements given in the preceding sentence take the form of recommendations only and do not affect the effectiveness of the complaint with the omission the recommended description of the complaint.
10. The response to the complaint by the Seller shall take place immediately, not later than within 30 days from the date of its submission, in accordance with art. 7a paragraph 1 of the Act, unless a different date results from legal provisions or separate regulations.
11. Seller provides the Client with a free download of the Application to the Client's mobile device from the following mobile web stores:
a. Apple App Store, for mobile devices with iOS operating system;
b. Google Play, for mobile devices with Android operating system.
12. Use of Applications downloaded from sources other than those referred to in paragraph 11 above imposes the risk of compromising the integrity of the Application and connecting with a harmful software, thereby endangering the security of the Client's mobile device and the data stored therein.
13. In order to use the Application, the Client shall:
a. read these Terms and Conditions and information about the Application made available in the shops referred to in paragraph 14 above and accept them, and
b. download the Application from the shop referred to par. 11 above, and
c. install the Application on the Client's mobile device, following the instructions displayed after the installation process or provided by the shops referred to in paragraph 11 above.
14. The Application connects to the Online Shop through the Internet.
15. Application functionality is provided by the Seller of Electronic Services in a hasty manner which facilitates the Client's use of the Online Shop, including being familiar, in particular, with the Contents, Products and Prices.
16. The Application uses a technology that stores and accesses the Client's ID that enables the Off-Line Application to operate and saves the not logged-in Client's preference (which relates to access to the memory of the mobile device). The application stores the current Client's ID until Client logs in to the Application, changes of the Application to the Online Shop running in another country, or uninstalls (removes) the Application from the mobile device.
17. In order to use the functionality of the Application referred to in point II item 1 letter g above, it is necessary to expressly agree by the Client to give its consent to some functionalities of the client's mobile device, the Client's voluntary consent to receive "push" notifications, or to give the Seller information about Client's preferences.
18. The Client may at any time revoke the consent referred to in paragraph 17 above or uninstall (remove) the Application from own mobile device using the settings of the device.
III. TERMS AND CONDITIONS OF CONCLUDING THE SALE AGREEMENT
1. The main features of the provision, including the subject matter of the provision and the manner of communication with the Client are defined on the page of each Product.
2. The Seller enables submitting Orders for Products in the following manner:
a. in the Online Shop;
b. by contacting CSC/BOK/:
- by telephone;
- by e-mail;
- by chat software in the Online Shop.
3. As part of the development of the services provided, the Seller may introduce further ways of placing Orders using remote means of communication, in accordance with the terms and conditions set forth herein.
4. The conclusion of the Sale Agreement between the Client and the Seller occurs after the earlier submission of the Order by the Client.
5. The Seller enables the Client to place an Order through the Online Shop, as follows:
a. The client adds the selected Product to the Cart and then proceeds to the Order Form.
b. The client holding the Account confirms in the Order Form the up-to-date details necessary to conclude and execute the Sales Agreement. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude and execute the Sales Agreement. In any case, the submission of outdated or inaccurate Client’s data may prevent the execution of the Agreement. In the Order Form, the following Client’s details are required: name, address (street, house /apartment number, postal code, city, country), e-mail address, contact telephone number and Sales Agreement details: Product /Products, Quantity of Product, if available, type, colour and size of the Product, place and method of delivery of the Product, method of payment. For Clients who are not Consumers, the details of the Company and the Taxpayer Identification Number /NIP/ number are also required.
c. The client chooses one of the delivery methods made available by the Seller.
d. The client chooses the method of payment of the Price and any other indicated in the Order Form the total costs of the execution of the Agreement.
e. The Client sends the Seller an Order ( makes and order ) using the Online Shop functionality provided for that purpose (“ I order and pay” button). If the Client does not have an Account and did not accept the Regulations previously, it is required to accept the Regulations.
f. The Client sends the Order by means of the Online Shop functionality provided for that purpose (the button: "I order and pay").
g. While submitting the Order, until clicking the button "I order and pay", the Client is given the option of manually adjusting the entered data within the "Cart" panel by adding or removing a particular item from the Cart
6. In case of concluding the Sales Agreement using other means of distance communication, including over the phone transaction:
a. The Seller shall send an electronic message to the Client confirming the contents of the proposed Sales Agreement.
b. The Client sends the Seller an Order by means of the message to the e-mail address from which he received the confirmation referred to in sec. 6 lit. and above.
c. In case of a Client who does not have an Account and did not accept the Regulations previously, the Client is required to accept the Regulations.
7. In other than those referred to in paragraph 6 above cases of concluding the Sale Agreement using other means of distance communication, including by phone, at the initiative of the Consumer, the following sections apply accordingly, taking into account the circumstances and the means of communication used.
8. The Seller in response to the Order immediately sends an automatic message to the email address provided by the Client with the confirmation of the receipt of the Order and commencing its verification.
9. After verifying the Order, without undue delay, the Seller shall send a message to the Client at the e-mail address given:
a. with a confirmation of acceptance of one or more individual offers for Products submitted within the Order and confirming the conclusion of the Sale Agreement (acceptance of the Order for the Products indicated in the message); or
b. information on the inability to accept all offers for the Products submitted under the Order, for the reasons indicated in point IV. item 5 below (lack of payment); or
10. The Sale Agreement is concluded at the moment of confirmation of the offer (s), i.e. the receipt by the Customer of the message referred to in paragraph 9 lit. a above in the scope of the Products indicated therein. The Seller sends the Customer confirmation of the terms of the Agreement to the email address provided by the Customer.
11. If it is not possible to accept all or some of the offers placed under the Order, BOK will contact the Customer in order to:
a. informing the Client that it is not possible to accept all offers made under the Order for the conclusion of a Sales Agreement; or
b. confirmation by the Customer of the will to execute the Order in the part in which the Seller agreed to accept the offer to conclude the Sale Agreement. At that time, the Customer may cancel the entire Order (in the scope of all offers), which does not violate his right to withdraw from the contract. The Customer's cancellation of the Order exempts the Seller from the obligation to perform it. If the Order is cancelled, the Act number 12 below will apply accordingly.
12.In case of not being able to accept the offer(s) submitted under the Order, the Sale Agreement, within the scope of Products specified by BOK shall not be concluded and the Seller shall immediately return to Client, no later than within 14 days, the payments made by the Client insofar the Sale Agreement is not concluded. The provisions of point VIII item 6 of the Regulation shall apply accordingly.
13. Independently, the Seller may inform the Client on the Order status, in particular, by sending a message to the Client's e-mail address sending an SMS or contacting by phone.
14. The Seller seeks to ensure the availability of all Products and the performance of the Sale Agreement. In case of impossibility to perform and in other situations defined by law, the relevant provisions of the Civil Code, including Art. 493-495 of the Civil Code, in particular concerning the obligation to immediately return the benefit to the consumer may apply.
15. The total value of the Order includes the Price, shipping costs and, if applicable, other costs selected by the Client for optional paid services. The Seller may, at its own discretion, determine the minimum threshold Order for which the Product is shipped free of charge. During the Order submission, including when the Client expresses his/her will to be bound by the Sale Agreement, the Client is informed about the total price, including taxes, of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal fees) and other costs, and where the amount cannot be determined – the obligation to pay them.
16. Promotions applicable in the Online Shop are not subject to consolidation, unless it is expressly provided otherwise in the Promotion.
IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
1. The Seller shall make available to the Client, in principle, subject to point XI. item 5, a variety of payment methods under the Sale Agreement
2. Possible current payment methods are determined in the Online Shop in the "Payment Methods" tab and at each time on the sub-page of a given Product. Available payment methods may vary depending on the method of delivery selected by the Client.
3. Settlements of electronic payments and payment cards transaction is carried out according to the Client’s choice via authorized services;
4. If the Seller does not receive the payment of the Client who chose payment in advance, i.e. electronic payment or payment by payment card, CSC may contact the Client to remind him about the payment, including by sending an e-mail. If the payment is not made within 24 hours of placing the Order, the offer submitted by the Client will not be accepted. The Client may also, until receiving the message about sending the Order, cancel it without any consequences, by contacting the Seller via CSC, which does not violate his right to withdraw from the contract - however, this does not apply to non-prefabricated Products manufactured according to the Client's specifications or serving to satisfy his individual needs.
V. COST, METHOD AND DELIVERY TIME OF THE PRODUCT
1. Delivery of the Product is available on the territory of the United Kingdom and to selected countries indicated in the tab "Delivery Costs" in the Online Shop and at each time on each sub-page of the Product.
2. Delivery of the Product to the Client is chargeable unless the Sales Agreement provides otherwise. Available methods and Shipping costs of the Product are indicated to the Client in the "Delivery Costs" tab in the Online Shop and at each time on each sub-page of the Product, including the moment making the Client's willingness to be bound by the Sales Agreement.
3. Available methods of delivery may depend on the payment method selected by the Client. Available delivery methods may change if several Orders are placed simultaneously, in particular due to the Products involved.
4. The total waiting time for the Client to receive the Product (delivery date) consists of the time of preparation of the Order for dispatch by the Seller and the time of delivery of the Product by the courier.
5. The delivery due date of the Product to the Client is up to 14 Business Days unless a shorter term is specified in the Product's description or during the Order submission.
6. The time of preparation of the Order for dispatch by the Seller is presented at each time on each sub-page of the given Product and is counted from the day of (the beginning of the curse of delivery period):
a. recognition of a bank account or Seller’s billing account - if the Client chooses to pay by a wire transfer, an electronic payment or by a payment card;
b. conclusion the Sales Agreement - if the Client chooses the method of cash on delivery.
7. Until the above time, it is necessary to add the time of delivery of the Product by the given carrier depending on the type of delivery chosen by the Client and is presented at each time on each sub-page of the given Product and in the "Order Processing" tab in the Online Shop.
1. The basis and scope of responsibility of the Seller against the Client, if the Products sold has a physical defect or a legal defect (an implied warrant), is defined in the provisions of the Civil Code, in particular in art. 556 and further ones in the Civil Code.
2. Products presented in the Online Shop may be covered by a manufacturer's or distributor's guarantee. The detailed terms and conditions of the guarantee and its duration period are then stated in the guarantee card issued by the guarantor and included with the Product.
3. The Seller is obliged to provide the Client with the Product without defects.
4. The Complaint may be submitted by the Client, for example in writing to: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra. If a complaint refers to the Product, it is usually advisable to provide the Product to the Seller with a complaint in order to enable the Seller to look into the Product. Details regarding the ways of free delivery of the Product by the Client to the Seller due to the complaint are found in the Online Shop in Implied Complaints tab.
5. If a sold Product has a defect, the Client is entitled to:
a. submit an application for the Price reduction or withdrawal from the Sales Agreement unless the Seller promptly and without excessive inconvenience to the Client shall replace the defective Product free from defects or defects will be removed. The reduced price should remain in such proportion to the contractual price at which the value of the Product with a defect is against the Product without any defects. The Client is not allowed to withdraw from the agreement if the defect of the Product is negligible;
b. demand a replacement of the Product for a defect free Product or demand a defect removal. The Seller is obliged to replace the faulty Product for a defect-free one or remove a defect within a reasonable time without undue inconvenience to the Client;
with the reservations and on the principles set out in the relevant provisions of the Civil Code.
6. The Client is allowed, instead of the Seller's proposed removal of the defect, demand the replacement of the Product for a defect-free one or instead of demanding a replacement of the Product, demand to remove the defect, unless it is impossible for the Product to conform to the Agreement in a manner chosen by the Client or it would require excessive costs in comparison with the manner proposed by the Seller. When assessing cost overruns the value of the defect-free Product, the nature and significance of the identified defect is considered as well as the inconvenience that would otherwise be exacerbated by the Client is taken into account.
7. It is recommended that the Client provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the nature and date of the occurrence of defect; (2) demanding a way to bring the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sale Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the handling of the complaint by the Seller. The requirements given in the preceding sentence take the form of recommendations only and do not affect the effectiveness of the complaint without the recommended description of the complaint.
8. The Seller shall take a stance to the Client's complaint instantaneously, not later than within 14 days of the date of its submission. If the Client has requested a replacement or removal of a defect, or has made a statement of price reduction specifying the amount for which the price is to be reduced, and the Seller has not taken a stance to the request within fourteen days, the complaint is deemed to be justified.
9. If it is necessary to deliver the Product to the Seller to take a stance to the Client's complaint by the Seller or to exercise the Client's implied warranties pursuant to art. 561² regarding art. 354 § 2 of the Civil Code, the Client shall be obliged to deliver the Product at the customer’s expense, to the address ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra. The details concerning the Seller's free ways to deliver the Product to the Seller free of charge by the Client to the Seller can be found in the Online Shop in the Implied Warranty/Complaint tab. If, however, due to the nature of the defect, the Product type or the way it was assembled, the delivery of the Product by the Client would be impossible or excessively difficult, the Client may be asked to provide the Seller, upon a prior agreement, with the Product at the place where the Product is located.
10. The Seller is liable under the implied warranty if a physical defect is detected within two years of the date of delivery of the Product to the Client. The claim for the removal of a defect or replacement for a Product free of defects is barred by limitation as of one year after defect detection, however in the case of the Order made by the Consumer - the termination period shall not expire before the expiry of the period referred to in the first sentence.
VII. OUT-OF-COURT PROCEDURES OF SETTLING COMPLAINTS AND MAKING CLAIMS AS WELL AS RULES OF ACCESSING THESE PROCEDURES
1. The use of out-of-court means of dealing with complaints and vindicating the claim is of a voluntary nature. The following information is informative and does not constitute a Seller's obligation to use out-of-court dispute resolutions. The Seller's statement of consent or refusal to participate in the out-of-court resolution of consumer disputes is submitted by the Seller in writing or other durable medium in the event that, following a complaint filed by the Consumer the dispute has not been resolved.
2. Detailed information about the Client’s, who is a consumer, ability to use out-of-court complaint and vindicating claims and rules of access to these procedures may be available at the offices and on the websites of county (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection, in particular also at the following Internet address of the Office of Competition and Consumer Protection:
3. The Client being a Consumer has the following exemplary possibilities for out-of-court means of dealing with claims and vindication of claims:
a. The customer is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded Sales Agreement.
b. The Client is entitled to apply to the province inspector of the Trade Inspection in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), requesting the initiation of mediation proceedings on out-of-court resolution of disputes between the Client and the Seller.
c. The Client may obtain free assistance in settling the dispute between the Client and the Seller, also using the free help of the county (municipal) consumer advocate or social organization, whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumer Association) .
d. The Client may file a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on out-of-court settlement of disputes that may arise between Entrepreneurs and Consumers.
VIII. RIGHT OF WITHDRAWAL FROM AGREEMENT
1. The consumer who has entered into a remote agreement may withdraw without giving a reason and without incurring any costs other than those provided by laws:
a. 14 days from the day referred to in paragraph 3 below (hereinafter also "Statutory right of withdrawal");
b. within 15 - 30 days from the day referred to in para. 3 (hereinafter also the "Extended right of withdrawal") - subject to the provisions of para. 11.
The above does not apply to the contract, the subject of which is a non-prefabricated item, manufactured according to the customer's specifications or serving to satisfy his individual needs. The implementation of any of the above rights does not affect other contracts, in particular to the extent that:
a. have been concluded together with the contract statement of withdrawal as a result of the Customer placing several Orders at the same time, or
b. the Seller made the conclusion or content of the contract covered by the statement of withdrawal from the conclusion of another contract, due to the direct relationship between the Products
To keep the deadline it is sufficient for the Consumer to make a statement of the Seller before it expires. The consumer may make any unequivocal statement in which he/she shall notify on the withdrawal from the Sale Agreement. It is sufficient to send a statement before the expiry of the deadline. A declaration of withdrawal from the Sales Agreement may be submitted for example:
a. in a written form to the address: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra;
b. in an electronic form by means of e-mail at the email address: firstname.lastname@example.org;
c. using the withdrawal form, which is enclosed in Appendix 1 to these Regulations.
2. The consumer may use a withdrawal form template, but this is not mandatory.
3. The course of time for withdrawal from the Sale Agreement shall commence on the date on which the Product was taken by the Consumer or by a third party designated by him/her other than the carrier and in the case of a Sale Agreement, which:
a. includes a great number of Products that are delivered separately, in batches or in parts, since acquiring possession of the last Product, a batch or part, or
b. is based on regular delivering Products for a fixed period of time – since acquiring possession of the first of the Products;
4. In case of withdrawal from a remote agreement, the agreement shall be deemed not to be concluded.
5. The seller is obliged immediately, not later than within 14 days of receipt of the consumer's withdrawal declaration, to return to the consumer all payments made by him/her, including delivery costs of the Product (except for additional costs resulting from the method of delivery chosen by the Client other than the cheapest usual way of delivery available at the Online Store).
6. If the Consumer exercises the statutory right of withdrawal, the Seller shall refund the payments made by the Consumer using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return which does not involve any costs for him. In the event that the payment cannot be returned using the same payment method as used by the Consumer, due to the fact that the Seller no longer supports a specific payment method, the Seller will refund using the payment method that will match the properties as much as possible. the method of payment previously used by the Consumer. If the Consumer exercises the Extended Right of Withdrawal, the Seller may refund the payment using the payment method indicated by the Seller. If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the reimbursement of payments received from the Consumer until the Product is returned or the Consumer provides proof of its return, depending on which event occurs first.
7. The consumer is obliged to immediately, no later than within 14 days from the date on which he withdrew from the Sales Agreement, return the Product to the Seller or hand it over to a person authorized by the Seller for pickup, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra. Please attach a proof of purchase of the Product or a printed electronic proof of purchase of the Product if possible.
8. In the event that the Consumer exercises the statutory right of withdrawal, the Consumer is liable for the reduction in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. The Consumer's liability may include, in particular, the inability to introduce the Product for sale as a full-value Product, the costs of re-placing tags and security elements on the Product, as well as the costs of restoring the Product to a state that allows it to be re-sold in the Online Store, including the costs of testing the Product by a specialist and the costs of removing defects found as a result of such examination (to the extent that these defects result from the use of the Product by the Consumer in a way that goes beyond what is necessary to establish its nature, characteristics and functioning).
9. The extended right of withdrawal is granted to the Consumer only in relation to the Products that are complete, undamaged and unused, with all tags and security elements that were placed on the Product at the time of taking possession of it by the Consumer or a third party indicated by him. The consumer loses the Extended right of withdrawal if the Product is used in a way that goes beyond what is necessary to establish its nature, characteristics and functioning.
10. The consumer bears only direct cost of return of the Product. The Seller may, under a promotional action, propose the Consumer to collect the returned Products by the Seller from the Consumer.
11. Subject to the above paragraph 9, the right to withdraw from a distance contract referred to in paragraph 1.a or b above, the Consumer is not entitled to the Consumer in the cases indicated in the provisions of the Civil Code, in particular with regard to contracts: (1) for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who was informed before the service begins, that after fulfilling the service by the Seller, he will lose the right to withdraw from the contract; (2) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs; (3) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery; (4) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other things.
12. The Seller may, as part of a temporary promotional campaign, grant the Client the right to withdraw from the contract within the express period of time in the request referred to in paragraph 1 sentence 2 or paragraph 11 above.
1. The exclusive rights to Content made available/placed on the Online Shop by the Seller or his contractors, in particular copyrights, the name of the Online Shop (a trademark), the graphic elements thereof, the software (including the Application) and the database rights shall be protected by law and appertained to the Seller or entities with whom the Seller has entered into the relevant agreements. The Client is entitled to use the above-mentioned Content, including the Application free of charge, as well as to use the Content posted in accordance with the law and already disseminated by other Clients within the Online Shop, but solely for personal use and solely for the proper use of the Online Shop worldwide. The use of Content, including the Application, to another extent is only permitted on the basis of explicit, prior approval granted by the entitled entity, in writing on pain of nullity.
2. The Client, by placing any Content in the Online Shop ((including by means of the Application), in particular graphics, comments, opinions or statements in the Account or elsewhere in the Online Shop, hereby grants the Seller a nonexclusive, royalty free license to use, store, alter, fix, change, delete, complete, public performance, public display, reproduction, and dissemination (especially on the Internet) of such Content worldwide. This right includes sub-license in the scope justified by the performance of the Sales Agreement or the Service Agreement (including the functioning and development of the Online Shop), as well as the authorization to perform, independently or through third parties, subsidiary rights in the scope of the development, customization and translation of the piece of work within the meaning of the Copyright and Related Rights Act of 4 February 1994. To the extent that the Client is not entitled to grant the licenses referred to in this paragraph 2, the Client undertakes to obtain such licenses for the Seller.
3. Notwithstanding the above provisions, the Application is subject to the proprietary copyrights of the Seller. Upon installation of the Application on the Client's mobile device, the Seller grants to the Client a non-exclusive license to use the Application, including reproduction of the Application solely for its downloading to the mobile device, and installation and run of the Application at the Client's mobile device. A Client may install the Application on any number of Client's mobile devices, but only one copy of the Application is allowed to be installed on one mobile device.
4. The Client is not entitled, in particular, to translate, adapt, change the layout, or make any other changes to the Application, including its source code, except as permitted by applicable law, the Client is not entitled to use the Applications for profit purposes.
1. Personal data of the Client are processed by the Seller as the personal data administrator.
2. The disclosure of personal data by the Client is voluntary, but necessary to establish an Account, use the specified Electronic Services or enter into a Sale Agreement.
XI. TERMINATION OF THE AGREEMENT FOR SERVICE PROVISION AND CHANGES TO THE REGULATIONS
1. The Seller may at any time terminate the Service Agreement or any other licence agreement pursuant to point IX of the Regulations with the Client giving a one-month notice period for important reasons, understood as (a closed catalogue):
a. a change in the laws governing the provision of electronic services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Client and the Seller, or a change in interpretation of the above provisions by court judgments, decisions, recommendations or directives within the scope of offices or authority concerned;
b. a change of service provision manner due solely to technical or technological considerations (in particular the updating of the technical requirements indicated in the Regulations);
c. A change of the scope or provision of services to which the provisions of the Regulations apply, by introducing new ones, modifying or withdrawing by the Seller the existing functionality or services covered by the Regulations.
2. Independent from the content of the paragraph 1, taking into account the Seller's particular care for the protection of Customer's personal data and their processing for a reasonable period of time, the Seller may terminate the Contract for Provision of Services with immediate effect in the event of Customer's inactivity in the Online Shop for an uninterrupted period of minimum 3 years.
3. Seller's statement to the extent specified in paragraph 1 and 2 above, send to the e-mail address provided by the Customer during the creation of an Account or placing an Order and in the event that the Seller does not have an e-mail address of the Customer - as part of notifications in the Application.
4. The Seller may terminate the Client the Service Agreement or any other licence agreement granted pursuant point IX of the Regulations with a seven-day notice period and/or refuse a further right to use the Online Shop(including by means of the Application) and to place Orders as well as may limit its access to the Content for all or important reasons, this is in case when the Client (a closed catalogue) violates the provisions of Section II.7 .a, c, d, e, h, i, j of the Regulations.
5. For important reasons, i.e. in the case of a gross violation by the Client of these Regulations, if the Client violates point II. Item 7 f or g of the Regulations (a closed catalogue) The Seller, in order to avoid further damage, is allowed not to accept Client's offer for certain forms of payment or delivery. This provision applies regardless of what data the Client is identified by and what data the Client provides when submitting the Order, and in particular when the Client is in breach of point II.7.a of the Regulations.
6. In the case of placing another Order by the Client, when selecting a particular payment method or delivery by the Client to whom the provision of paragraph 5 above applies, the Seller shall contact the Client by sending a message to the Client's email address to notify the Client of his/her gross violations of the Regulations and the non-acceptance of the offer using a particular payment method or delivery, while indicating alternate payment or delivery methods. The provisions of point IV item 5 is applicable accordingly.
7. The Client to whom the provision of par. 4 or 5 above are applicable may use the Online Shop or use a particular payment method or delivery after a prior contact with the Seller (via BOK) and obtaining the Seller's consent to continue using the Online Shop or using a particular payment method or delivery method.
8. The Regulations and Annexes to the Regulations constitute a standard agreement within the meaning of art. 384 § 1 of the Civil Code.
9. The Seller may amend the regulations (except for point XII of the Regulations, which applies to Non-Consumer Clients and may be amended at any time under generally applicable laws) in case of the occurrence of one of indicated following material reasons (a closed catalogue):
a. a change in the laws governing the sale of Products or provision of services by electronic means by the Seller affecting the mutual rights and obligations set forth in the agreement concluded between the Client and the Seller, or a change of interpretation of the above provisions by court judgements, decisions, recommendations or directives the scope of offices or authority concerned
b. a change of manner of services provision due solely to technical or technological considerations (in particular the updating of the technical requirements indicated in the Regulations);
c. A change of the scope or provision of services to which the provisions of the Regulations apply by introducing new ones, modifying or withdrawing by the Seller the existing functionality or services covered by the Regulations
10. If any amendments are made to the Regulations, the Seller shall make available the unified text of the Regulations by publishing it in the Online Shop and by means of a message sent to the e-mail address given at the conclusion of the Service Agreement by the Client which is agreed by the Parties as introduction of the information on the change to the electronic means of communication in such a way that the Client can get acquainted with its content. If the Seller does not have the Client's e-mail address, a message on the amendment of the Regulations will be sent to the Client within the notification in the Application.
11. The amendment of the Regulations comes into force 14 days after the date of sending the change notice. In case of Clients who have entered into a Service Agreement, i.e. having an Account, they are entitled to terminate the Service Agreement within 14 days from the day they are notified of the amendment of the Regulations. The amendment to the Regulations does not affect Sales Agreements concluded by the Client and the Seller prior to the amendment of the Regulations.
XII. PROVISIONS CONCERNING NON-CONSUMER CLIENTS
1. This XII point of the Regulations applies only to Customers who are not Consumers.
2. The Seller is entitled to withdraw from the Sales Agreement concluded with a non-consumer Client within 14 days of its conclusion. Withdrawal from the Sale Agreement in this case may occur without giving the cause and does not generate any claims against the Seller against the Non-Consumer Client.
3. In case of non-Consumer Clients, the Seller is entitled to limit the available payment methods, including the requirement to prepay in whole or in part, irrespective of the method of payment chosen by the Client and the conclusion of the Sale Agreement.
4. Upon the Product delivery by the Seller to the carrier the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the non-Consumer Client. In such case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for the transportation until delivering it to the Client and for delay in the transportation of the parcel.
5. According to art. § 558 § 1 of the Civil Code, the liability of the Seller for the Product under the implied warranty for the Product for a Non-Consumer Client is excluded.
6. In case of non-Consumer Clients, the Seller may terminate the Service Agreement or any other licence agreement granted under the point IX of the Regulations, with immediate effect and without identifying the cause by sending a statement to the Client in any form.
7. Neither the Seller nor his employees, authorized representatives and agents shall be liable to the Client, his subcontractors, employees, authorized representatives and / or agents for any damages, including loss of profits, unless the damage was caused intentionally by them.
8. In each case of establishing the liability of the Seller, its employees, authorized representatives and/or plenipotentiaries, such liability towards the non-Consumer Client, irrespective of its legal basis, shall be limited to both the individual claim and any claims in total - up to the Price paid and delivery costs under the last Sale Agreement, but not more than up to EUR 250.
9. Any disputes arising between the Seller and the Non-Consumer Client shall be subject to the jurisdiction of the Seller's registered office.
10. For Non-Consumer Clients, the Seller may amend the Regulations at any time on the basis of generally applicable laws.
1. The Regulations are effective from 2022-07-06.
2. Agreements concluded by the Seller are concluded in an English language.
3. Consolidation, protection and disclosure of the essential provisions of the Agreement for the Provision of Services by Electronic Means takes place by sending an e-mail to the e-mail address provided by the Client.
4. Consolidation, security, disclosure and confirmation to the Client of the essential provisions of the Sales Agreement takes place by sending the Client an e-mail confirming the submission of the Order (durable medium). The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Store. After concluding the Sales Agreement, the Seller provides the Client with a proof of purchase in electronic form or together with the shipment containing the Product. The order specification may also be attached to the shipment. If the Client requests a VAT invoice, the Client agrees that the VAT invoice will be sent to the e-mail address provided by him. The Seller may introduce technical methods of authenticating the Client before downloading a proof of purchase or a VAT invoice.
5. The Seller shall provide technical and organizational measures appropriate to the extent security risk of the functionality or services provided under the Service Agreement. Use of Electronic Services is associated with the typical risks of data transmission over the Internet, such as their dissemination, loss or unauthorized access.
6. The content of the Regulations is available to Customers free of charge at the following URL: https://www.efootwear.eu/regulations, as well as within the Application, where Customers can view and print it at any time.
7. The Seller informs that the use of the Online Shop through an Internet browser or the Application, including placing an Order and making a phone call with BOK, may involve incurring cost of connection to the Internet (data transmission fee) or telephone connection costs, according to the tariff of the service provider used by the Client.
·8. In matters not regulated in these Regulations, the provisions of general Polish laws shall apply, in particular: the Civil Code; Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002, No.144, item 1204, as amended); For Sales Agreements entered into by consumer Clients until 24 December 2014 - the provisions of the Consumer Protection Act and liability for damage caused by a dangerous product dated 2 March 2000 (Journal of Laws of 2000 No. 22, item 271 as amended), and the Act on special terms of consumer sale and amendment of the Civil Code of 27 July 2002 (Journal of Laws 2002, No. 141, item 1176, as amended); For Sales Agreements concluded with consumer Clients since 25 December 2014 - the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of commonly applicable law.
9. The choice of a Polish law pursuant to these Regulations does not deprive the Consumer of the protection granted to him/her under provisions that cannot be excluded by way of an agreement between the Seller and the Consumer under the law which would be appropriate under the applicable regulations in the absence of choice.
The previous regulations available at:
Appendix No 1 - Sample of the agreement withdrawal form template
DOWNLOAD THE PDF VERSION OF THE FORM
DOWNLOAD THE DOC VERSION OF THE FORM
ATTENTION! - Please be careful when returning the Product in order to avoid mistakenly sending other items with the returned Product
AGREEMENT WITHDRAWAL FORM TEMPLATE
(It is necessary to complete and return the only if you wish to withdraw from the agreement)
ul. Nowy Kisielin - Nowa 9,
66-002 Zielona Góra,
I/We hereby inform you of my/our withdrawal from the sale agreement of the following items (*) of the agreement for the delivery of the following items (*) of the agreement for the performance of the following service(*) / (*)
Date of agreement conclusion(*)/receipt(*)
Order number (if applicable; only optional)
Name and surname of the Consumer(s)
Consumer’s (s’) address
Signature of the consumer(s) (only if the form is sent in a paper form)
(*) delete as appropriate