On 1st February, 2017 there was a change of address of eobuwie.pl S.A. company from: ul. Dębowa 31, 65-124 Zielona Góra, Polska – to following: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra, Polska. Accordingly there was a change of regulations in terms of official address data of eobuwie.pl S.A. New regulations are available below and the previous version of the regulations can be found at: https://www.efootwear.eu/regulations_until_2017-02-27
The content of the following regulations is available in a PDF format. Free software for viewing files in PDF format can be downloaded from the website of the manufacturer.
Online Shop www.eobuwie.pl 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 inconsistency of the provisions of these Regulations with the above provisions, these provisions are of the priority and shall be applied.
- 1. GENERAL PROVISIONS
- 1.1. Online Shop available at the online address www.eobuwie.pl is run by the company eobuwie.pl S.A. ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra, phone +48 68 422 84 04, fax +48 68 419 02 77, District Court in Zielona Góra, VIII Commercial Department National Court Register, under NCR /KRS/ number 0000541722, Tax Identification Number /NIP/ 929-13-53-356, Business Activity Number /REGON/ 970569861, share capital: 2 000 000 PLN paid in full; e-mail: firstname.lastname@example.org, contact phone number: (+48) 68 422 84 04 or mobile 604 831 801 (charged at standard call – according to the pricelist of the appropriate operator).
- 1.2. The Regulations are intended both for consumers and entrepreneurs using the Online Shop (except for point 11 of the Regulations, which is addressed only to entrepreneurs).
- 1.4. Definitions:
- 1.4.1. WORKING DAY - one day from Monday to Friday excluding public holidays.
- 1.4.2. REGISTRATION FORM - form available in the Online Shop that enables setting the Account.
- 1.4.3. ORDER FORM - an Electronic Service, an interactive form available in the Online Shop that allows submitting the Order, in particular by adding products to the electronic shopping bag and establishing terms and conditions of Sale Agreement, including the method of delivery and payment.
- 1.4.4. CLIENT - (1) a natural person having full capacity to act legally, and in the cases provided for by the rules generally applicable as a natural person having limited legal capacity; (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; - which has concluded or intends to conclude a Sale Agreement with the Seller.
- 1.4.5. THE CIVIL CODE - Civil Code Act of 23 April 1964 (Journal of Laws of 1964 No. 16, item 93, as amended.).
- 1.4.6. ACCOUNT - Electronic Service, identified by its individual name (login) and password given by the Service User, set of resources in the ICT system of the Service Provider, in which data provided by the Service User is collected and the information on Orders placed by them in the Online Shop.
- 1.4.7. NEWSLETTER - Electronic Service, electronic distribution services provided by the Service Provider via e-mail service that allows all its Service Users to receive automatically from the Service Provider cyclical contents of subsequent editions of the newsletter containing information about Products, news and special offers in the Online Shop.
- 1.4.8. PRODUCT – a movable item available in the Online Shop that is the subject of the Sale Agreement between the Client and the Seller.
- 1.4.9. REGULATIONS – this Regulations of the Online Shop.
- 1.4.10. ONILNE SHOP – the online shop of the Service Provider available at: www.eobuwie.pl.
- 1.4.11. SELLER; SERVICE PROVIDER - the company eobuwie.pl S.A. ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra, phone +48 68 422 84 04, fax +48 68 419 02 77, District Court in Zielona Góra, VIII Commercial Department National Court Register, under NCR /KRS/ number 0000541722, Tax Identification Number /NIP/ 929-13-53-356, Business Activity Number /REGON/ 970569861, share capital: 2 000 000 PLN paid in full; e-mail: email@example.com, contact phone number: (+48) 68 422 84 04 or mobile 604 831 801 (charged at standard call – according to the pricelist of the appropriate operator).
- 1.4.12. SALE AGREEMENT - the sale agreement of the Product being concluded or concluded between the Client and Seller via the Online Shop.
- 1.4.13. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client via the Online Shop.
- 1.4.14. The Service User -(1) a natural person having full capacity to act legally, and in the cases provided for by the rules generally applicable as a natural person having limited legal capacity; (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; - using or intending to use the Electronic Services.
- 1.4.15. ACT ON CONSUMER RIGHTS, THE ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827 as amended.)
- 1.4.16. ORDER - the Client’s declaration of intent submitted by the Order Form and aimed directly to concluding Sale Agreement of the Product with the Seller.
- 2. ELECTRONIC SERVICES IN THE ONLINE SHOP
- 2.1. The Online Shop offers the following Electronic Services: Account, Order Form and Newsletter.
- 2.2. Account - the use of the Account is possible after performing a total of three consecutive steps by the Service User - (1) completing the Registration Form, (2) clicking the button "Submit" and (3) confirming the intention to create the Account by clicking the confirmation link sent automatically to the specified e-mail address. The Registration Form requires to provide the following information by the Service User: name and surname/company name, email address and password.
- 2.3. Electronic Service the Account is provided free of charge for an indefinite period. The Service User is able to, at any time and for any reason, to remove the Account (resignation from the Account) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org or in writing to the address: eobuwie.pl S.A., ul.Dekoracyjna 3 - eobuwie.pl, 65-155 Zielona Góra.
- 2.4. Order Form – use of the Order Form starts when the Client add the first Product to the electronic shopping bag in the Online Shop. Placing an Order takes place after executing by the Client total next two steps - (1) after completing the Order Form and (2) clicking in the Online Shop website after completing the Order Form the button "Confirm Purchase" - until then, there is the possibility of self-modification of input details (to do so, please follow the prompts and information available in the Online Store). The Order Form requires to provide by the Client with the following data concerning the Client: name and surname/company name, address (street, house/flat number, zip code, city, country), email address, contact telephone number and information concerning the Sale Agreement: Product(s), the quantity of Product(s), if available type, colour and size of the Product, place and manner of delivery of the Product(s), method of payment. For clients who are not consumers it is also necessary to provide the company name and tax identification number/NIP/.
- 2.5. Electronic Service the Order Form is provided free of charge, and is of a one-off nature and is terminated at the time of placing the Order via it, or at the time of an early termination to place an Order via it by the Client.
- 2.6. Newsletter - use of the Newsletter takes place after providing in the tab "Newsletter" visible in the Online Shop with the e-mail address where the subsequent editions of the newsletter will be forwarded and click the "Save" button. You can also subscribe the Newsletter by ticking the appropriate checkbox in the process of starting the Account or placing the Order – having created the Account or having placed the Order, the Service User is saved for the Newsletter.
- 2.7. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service User is able, at any time and for any reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending the appropriate request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing to the address: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra.
- 2.9. The Service User is obliged to use the Online Shop in accordance with the law and good manners bearing in mind the respect for personal rights and copyright as well as intellectual property of the Service Provider and third parties. The Service User is obliged to enter data consistent with the current state. The Service User is not allowed to provide the content of illegal nature.
- 2.10. The complaints procedure:
- 2.10.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the complaint procedures of the Product, which is described in point 6 and 7 of the Regulations) The user may file in, for example:
- 2.10.2 in writing to the address: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra;
- 2.10.3 electronically via e-mail to the following address: firstname.lastname@example.org;
- 2.10.4 The Service User is recommended to provide in the description of the complaint: (1) the information and circumstances relating to the subject of complaints, in particular the type and date of irregularities; (2) The Service User’s claims; and (3) the contact details of the person making a complaint - this will facilitate and speed up the settlement of the complaint by the Service Provider. The requirements stated in the preceding sentence shall take the form of recommendations only and do not affect the effectiveness of the complaints made with omission the recommended description of the complaint.
- 2.10.5 Taking position toward the complaint by the Service Provider shall take place immediately, not later than within 14 calendar days from the date of its submission.
- 3. TERMS AND CONDITIONS OF CONCLUDING THE SALE AGREEMENT.
- 3.1. Conclusion of the Sale Agreement between the Client and the Seller shall take place after the Client previously places an order using the Order Form in the Online Shop in accordance with paragraph 2.1.2 of the Regulations.
- 3.2. Product Price displayed in the website of the Online Shop is given in a Polish zloty (PLN) and includes taxes. The Client is informed on the website of the Online Shop when placing the Order, including at the time of making the declaration of intent by the Client to be bound by the Sales Agreement of a total price including taxes of the Product which is the subject of the Order, as well as of delivery costs (including charges for transport, delivery and postal services) and of other costs, and if it is impossible to determine the amount of those fees – of the obligation to make a payment for them.
- 3.3. The procedure of concluding the Sale Agreement in the Online Shop using the Order Form
- 3.4. Conclusion of the Sale Agreement between the Client and the Seller shall take place after the Client previously places an order using the Order Form in the Online Shop in accordance with paragraph 2.1.2 of the Regulations.
- 3.5. After placing the Order, the Seller shall immediately confirm its receipt and concurrently accepts the Order to be implemented. Confirmation of the receipt of the Order and its acceptance to implement takes place by sending by the Seller to the Client the appropriate e-mail message to a specified Client’s e-mail address provided while placing the Order, the message includes at least a statement of the Seller on receiving the Order and its acceptance for implementation and the confirmation of the Sale Agreement. Upon the receipt of the aforementioned e-mail information by the Client, the Sale Agreement between the Client and the Seller is concluded.
- 3.6. Perpetuating, securing and providing the Client with the content of the concluded Sale Agreement occurs by (1) providing the Regulations on the website of the Online Shop, and (2) sending to the Client an e-mail message, referred to in point 3.3.2. of the Regulations. The content of the Sale Agreement is further perpetuated and secured in the ICT system of the Online Shop of the Seller.
- 4. METHODS AND TERMS OF PAYMENT FOR PRODUCT
- 4.1. The Seller shall provide the Client with the following methods of payment under the Sale Agreement:
- 4.2. Cash On Delivery when collecting the package.
- 4.3. Wire payment to the bank account of the Seller.
- 4.4. The Bank: Raiffeisen Bank Poland S.A.
- 4.5. Account number: 73 1750 1149 0000 0000 0808 7741.
- 4.6. Electronic payments and credit card payments via the service PayU.pl and PayPal.com - possible current methods of payment are set out at the website of the Online Shop in the tab "Payments" and on the website http://www.payu.pl.
- 4.7. Settlement of transactions by electronic payments and by payment card are carried out at the choice of the Client via the service PayU.pl. Support for electronic payments and payment cards is maintained by:
- 4.8. PayU.pl - the company PayU S.A. based in Poznań (address of the headquarters: ul. Grunwaldzka 182, 60-166 Poznań) entered in the Register of the National Court Register under the number 0000274399, registration files are kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, the share capital of 4,000,000 PLN fully paid, Tax Identification Number /NIP/: 779-23-08-495.
- 4.9. Paypal.com - the company PayPal (Europe) S.à.r.l. & Cie S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
- 4.10. Payment deadline:
- 4.10.1. In case of choosing by the Client a cash payment for personal collection, a wire payment, electronic payments or credit card payments, the Client is obligated to make a payment within 7 calendar days from the date of concluding the Sale Agreement.
- 4.10.2. If the Client chooses COD payments when collecting the package, the Client is obligated to make a payment when collecting the package.
- 5. COST, METHOD AND PRODUCT DELIVERY TIME
- 5.1. Product delivery is available on Polish territory.
- 5.2. Product Delivery to the Client is full of charge, unless the Sale Agreement provides otherwise. Product Delivery costs (including fees for transportation, delivery and postal services) are indicated to Client at the websites of the Online Shop in the tab "Delivery Costs" and when placing the Order, including at the time of expressing by the Client the declaration of intent to be bound by the Sales Agreement.
- 5.3. The Seller shall provide the Client with the following methods of delivery or collection of the Product:
- 5.4. Postal delivery, Cash On Delivery package.
- 5.5. Courier delivery, Courier Cash On Delivery.
- 5.6. Product Delivery deadline date to the Client is 7 working days, unless the description of the Product or in the process of placing the Order provides a shorter deadline. In case of Products with different delivery dates, the delivery deadline date is the longest given period, which may not exceed 7 Working Days. Starting point of delivery of the Product to the Client is calculated in the following manner:
- 5.7. If the Client chooses the wire payment method, electronic payment or by credit card - from the date of crediting the bank account or the settling account of the Seller.
- 5.8. If the Client chooses a Cash on Delivery method - from the date of concluding the Sale Agreement.
- 6. COMPLAINTS OF THE PRODUCT
- 6.1. Basis and range of responsibilities of the Seller towards the Client, if the sold product has a natural or legal defect (warranty) are defined generally by applicable laws, in particular in the Civil Code.
- 6.2. The Seller is obliged to provide the Client with the Product without defects. Detailed information on the Seller's liability due to a defect of the Product and the Client’s entitlements are determined at the website of the Online Shop in the tab "Complaints of goods".
- 6.3. The complaint may be filed by the Client, for example:
- 6.3.1. in writing to the address: eobuwie.pl S.A., ul.Dekoracyjna 3 - eobuwie.pl, 65-155 Zielona Góra;
- 4.3.2. in electronic form via e-mail to the following address: email@example.com;
- 6.4. It is recommended that the Client shall give in the description of the complaint: (1) the information and circumstances relating to the subject of complaints, in particular the type and date of occurrence of the defect; (2) demand the way to bring the product into compliance with the Sale Agreement or statements about price reduction or withdrawal from the Sale Agreement; and (3) the contact details of the person making a complaint - this will facilitate and speed up the settlement of the complaint by the Seller. The requirements stated in the preceding sentence shall take the form of recommendations only and do not affect the effectiveness of the complaints made with omission the recommended description of the complaint.
- 6.5. The Seller will consider the Client’s complaint immediately, but no later than within 14 calendar days from the date of its submission. The lack of consideration from the Seller in the above period states the Seller considered the complaint to be justified.
- 6.6. In case if it is necessary to provide the Product to the Seller in order to consider the Client’s claim by the Seller or to execute the Client’s rights under the warranty, the Client will be asked by the Seller to deliver the Product at the expense of Seller at the address eobuwie.pl S.A., ul.Dekoracyjna 3 - eobuwie.pl, 65-155 Zielona Góra. If, however, due to the type of defect, type of Product or the way of it being mounted it would be impossible by the Client to provide or it would be excessively difficult, the Client will be asked to provide, upon prior appointment, the Product with the Seller in the place where the product is located.
- 6.7. Request to provide a Product referred to in point 6.6 of the Regulations shall not affect the deadline to respond by the Sellers to the Client’s complaint referred to in point 6.5 of the Regulations and it does not breach the Client’s right to require the Seller to dismantle the defective Product and mount the Product again after making the exchange for a Product free of defects or removing the defect referred to in art. 561  of the Civil Code.
- 7. OUT-OF-COURT WAYS OF SETTLING COMPLAINTS AND MAKING CLAIMS AS WELL AS RULES OF ACCESSING THESE PROCEDURES
- 7.1. Detailed information on the possibility of using by The Client, who is a consumer, of out-of-court ways of considering the complaints and making claims as well as the rules of the access to these procedures are available in the premises and on the websites of district (municipal) consumer advocates, social organizations which statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the following sites Office of Competition and Consumer Protection:
- 7.2. The client, who is a consumer, has the following exemplary possibility of using out-of-court means of dealing with complaints and making claims
- 7.2.1. The Client is entitled to appeal to a permanent amicable consumer courts of arbitration, referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2001 No. 4 item 25, as amended.), with a request for resolution of a dispute arising from the concluded Sale Agreement. The Regulations of the organization and operation of permanent amicable consumer courts of arbitration is determined by decree of the justice minister dated on 25 September 2001 on the rules of organization and operation of permanent amicable consumer courts of arbitration. (Journal of Laws 2001, No. 113, item 1214).
- 7.2.2. The Client is entitled to appeal to the provincial inspector of 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.), with a request to initiate a mediation procedure on the amicable settlement of the dispute between the Client and the Seller. Information on the rules and mode of mediation procedure conducted by the provincial inspector of Trade Inspection is available on the premises and on the websites of the Provincial Inspectorates of the Trade Inspection.
- 7.2.3. The Client is able to be offered free help on the settlement of the dispute between the Client and the Seller, also using a free help of the county (municipal) consumer spokesperson or social organization which statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Tips and advice are provided by the Consumer Federation at a free of charge consumer helpline number 800 007 707 and by the Association of Polish Consumers at firstname.lastname@example.org.
- 8. RIGHT OF WITHDRAWAL FROM AGREEMENT
- 8.1. A consumer, who has concluded a remote agreement, may, within 14 calendar days to withdraw from it without giving any reason and at no cost, with the exception of the costs referred to in point 8.8 of the Regulations. To meet the deadline it is enough to send a statement before its expiry. The statement of the agreement withdrawal may be made, for example:
- 8.2. in writing to the address: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra;
- 8.3. in electronic form via e-mail to the following address: email@example.com;
- 8.4. An exemplary model of the agreement withdrawal form is included in Annex 2 to the Act on Consumer Rights and additionally available at the website of the Online Shop in the tab "Returns and exchange". The consumer may use the model form, however it is not mandatory.
- 8.5. The course of period of the agreement withdrawal begins:
- 8.6. for an agreement, for the implementation of which the Seller provides a Product, being obliged to transfer his/her ownership (e.g. Sale Agreement) - from taking the Product in the possession by the consumer or the third party designated by him/her other than the carrier, and for the agreement which: (1) includes many Products that are delivered separately, in series or in parts - from taking possession of the last Product, a series or a part; or (2) it is based on a regular delivery of Products for a fixed period - from taking possession of the first of the Products;
- 8.7. for other agreements – from the date of concluding the agreement.
- 8.8. In the event of withdrawal from a remote agreement, the agreement is considered to be not concluded.
- 8.9. The Seller has to promptly, but not later than within 14 calendar days of receipt of the consumer’s statement on the agreement withdrawal, return to the consumer all payments made by him/her, including the cost of delivery of the Product (excluding additional costs resulting from the Clients' selected method of delivery other than the simplest and cheapest delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment, which the consumer used, unless the consumer has expressly agreed to a different way of return, which does not create any costs. If the Seller did not suggest that he/she would collect the Product from a consumer, he/she may withhold the reimbursement payments received from the consumer till the time of receiving the Product or receiving from the consumer the evidence of its sending back , depending on which event occurs first.
- 8.10. The consumer is obliged immediately, but no later than within 14 calendar days from the date on which he/she withdrew from the agreement, to return the Product to the Seller or to give it to a person authorized by the Seller to receive, unless the Seller proposed that he/she would collect the product on his/her own. To meet the deadline it is enough to return the Product prior to its expiration. The consumer may return the Product to the address: eobuwie.pl S.A., ul.Dekoracyjna 3 - eobuwie.pl, 65-155 Zielona Góra.
- 8.11. The consumer is responsible for the reduction in 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.
- 8.12. Possible costs related to the agreement withdrawal by the consumer, which the consumer is obliged to incur:
- 8.13. If the consumer chose the method of delivery of the Product other than the simplest and cheapest delivery method available in the Online Shop, the Seller shall not be obliged to reimburse the extra cost incurred by consumer.
- 8.14. The consumer bears the direct cost of returning the Product.
- 8.15. In case of the Product being as a service, the implementation of which - at the express request of the consumer - had commenced before the deadline to withdraw from the agreement, the consumer who exercises the right of agreement withdrawal after filing such a request, is obliged to pay for services completed up to the time of the agreement withdrawal. The amount of the payment is calculated in proportion to the extent of fulfilled service, including the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of a fulfilled service.
- 8.16. The right of withdrawal from a remote agreement not granted to the consumer in respect of the agreements:
- (1) on the provision of services if the Seller performed a full service with the express consent of the consumer, who had been informed before commencing the service that after fulfilling the service by the Seller he/she loses the right to withdraw from the agreement;
- (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline for the agreement withdrawal;
- (3) the object of which is the provision of non-prefabricated Product, manufactured according to the specifications of the consumer or used to satisfy their individual needs;
- (4) where the subject of the provision is the Product undergoing rapid decay or having a short expiry date;
- (5) in which the subject of provision is the Product supplied in a sealed packaging that after opening the package it is impossible to be returned due to health protection or hygiene reasons, if the packaging was unsealed after delivery;
- (6) in which the subject of provision is to provide Products that after the delivery, due to their nature, are inseparably connected to other things;
- (7) in which the subject of the provision are alcoholic beverages, the price of which is agreed at the conclusion of the Sales Agreement and the delivery of which can only take place after 30 days and whose value depends on fluctuations in the market, over which the Seller has no control;
- (8) in which the consumer specifically required from the Seller to come to him/her to make urgent repairs or maintenance; if the Seller provides additional services other than those which performance was demanded by the consumer or provides Products other than spare parts necessary for repair or maintenance, the right of agreement withdrawal is granted to the consumer regarding additional services or Products;
- (9) the object of which is to provide audio or visual recordings or computer software delivered in a sealed package, if the package was unsealed after delivery;
- (10) for delivering newspapers, periodicals or magazines, with the exception of subscription contracts;
- (11) concluded in a public auction;
- (12) for the provision of services of accommodation other than for residential purposes, the carriage of goods, car rental, catering, services related to leisure, events, entertainment, sports or cultural events, if the agreement marked a day or period of service performance;
- (13) for the supply of digital content which is not stored on a tangible medium if the performance of the service was commenced with the express consent of the consumer before the deadline to withdraw from the agreement and after being informed by the Seller about the loss of the right of withdrawal from the agreement.
- 9. PROVISIONS FOR ENTREPRENEURS
- 9.1. This section of the Regulations and the provisions contained therein relate only to Clients and Service Users being consumers.
- 9.2. The Seller is entitled to withdraw from the Sale Agreement concluded with the Client not being a consumer within 14 calendar days of its conclusion. Withdrawal from the Sale Agreement in this case may be effected without giving any reason and does not enable the Client that is not a consumer to make any claims against the Seller.
- 9.3. In case of Clients not being consumers the Seller has the right to restrict the available methods of payment, including to require prepayment in whole or in part, regardless of the chosen method of payment by the Client and the fact of concluding the Sale Agreement.
- 9.4. With the very moment of providing by the Seller the Product to the carrier, the Client who is not a consumer is passed all benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. The Seller in this case shall not be liable for any loss, defect or damage resulting from the adoption of the Product for carriage until the release of it to the Client as well as for the delay in the carriage of the consignment.
- 9.5. In case of sending the Product to the Client by means of a carrier, The Client not being a consumer is obliged to examine the consignment at the time and in the manner adopted for consignments of this kind. If he/she finds out that during transportation there is a loss or damage of the Product, he/she shall be required to perform all actions necessary to determine the liability of the carrier.
- 9.6. In accordance with art. 558 § 1 of the Civil Code, the liability of the Seller under the warranty for the Product to the client who is not a consumer is excluded.
- 9.7. In case of the Service Users not being consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service User the appropriate statement.
- 9.8. Liability of the Service Provider / Seller in relation to the Service User / Client who is not a consumer, regardless of its legal basis, is limited - both in a single claim, as well as for any claims in total - to the amount of the paid the price and delivery costs under the Sale Agreement, but not more than the amount of one thousand PLN. The Service Provider / Seller is liable in relation to the Service User / Client who is not a consumer only for the typical damage being able to be predicted at the time of concluding the agreement and shall not be liable for loss of profit in relation to the Service User / Client who is not a consumer.
- 9.9. Any dispute arising between the Seller / Service Provider and the Client / Service User not being a consumer shall be subjected to competent court for the seat of the Seller / Service Provider.
- 10. FINAL PROVISIONS
- 10.1. The agreements concluded by the Online Shop are concluded in Polish.
- 10.2. In matters not covered in the Regulations the generally applicable provisions of Polish law shall apply, in particular the Civil Code; Act on Electronic Services of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended.); for Sale Agreements concluded up to 24 December 2014 with Clients which are consumers - the provisions of the act on protection of some of consumer rights and liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws of 2000, No. 22, item 271, as amended) and act on specific terms of consumer sales and the amendment of the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sale Agreements concluded between 25 December 2014 with Clients who are consumers - the provisions of the Act on Consumer Rights dated 30 May 2014 (Journal of Laws 2014 item 827 as amended.); and other relevant provisions of applicable law.
1. GENERAL PROVISIONS
OF THE ONLINE SHOP EOBUWIE.PL
2. PURPOSE AND SCOPE OF DATA COLLECTION AND RECIPIENTS OF DATA
- 1.2. The administrator of personal data collected through the online shop is the company eobuwie.pl S.A., with its headquarters in Zielona Góra (address and correspondence address: ul. Nowy Kisielin - Nowa 9, 66-002 Zielona Góra) entered in the Register of the National Court Register under number KRS 0000541722; the registration court in which the file of the company is kept: District Court in Zielona Góra, VIII Commercial Division – NCR/KRS/; Tax Identification Number /NIP/: 9291353356; Business Activity Number /REGON/: 970569861; e-mail: firstname.lastname@example.org, contact phone number: (+48) 68 422 84 04 or mobile 507 599 050 (fee charged at standard call – according to the pricelist of the appropriate operator) - hereinafter referred to as „Administrator” and which is also the Service Provider for Online Shop and the Seller.
- 1.3. Personal data of Service Users and a Service User are processed in accordance with Personal Data Protection Act dated 29 August 1997. (Journal of Laws of 1997 No. 133, item 883 as amended.) (hereinafter: Personal Data Protection Act) and Act of Providing Services by Electronic Means of 18 July 2002. (Journal of Laws of 2002 No. 144, item. 1204, as amended.).
- 1.4. The collection of personal data of Service Users and Service Users of the online shop were submitted by the Administrator to register of personal data files kept by the Inspector General for Personal Data Protection (Inspector General) under the following names:
Service Users (application number: 000769/2014, book number: 145739)
Newsletter (application number: 000770/2014, book number: 145742).
- 1.5. The administrator does its utmost to protect the interests of people whose data are referred to, and in particular, it ensures that the data collected by it are processed in accordance with the law; collected for specified, legitimate purposes and are not subjected to further processing incompatible with those purposes; are relevant and adequate in relation to the purposes for which they are processed, and stored in a form which permits identification of concerned people, for no longer than it is necessary to achieve the purpose of processing.
- 1.6. Any words, phrases and acronyms that appear on this website and begin with a capital letter (e.g. Seller, Online Shop, Electronic Service) should be interpreted in accordance with their definition included in the Regulations of the Online Shop available at Online Shop website.
3. OPERATIONAL DATA
- 2.1. Each time, the purpose, scope and recipients of data processed by the Administrator result from the actions taken by the Service User or Client in the Online Shop. For example, if the Client, while placing the Order chooses individual collection instead of the courier delivery, thus their personal data will be processed with the aim of concluding and executing the Sale Agreement, but they will not be made available to the carrier that operates a package on behalf of the Administrator.
- 2.2. Possible purposes of collecting personal data of the Service Users or Clients by the Administrator:
- 2.3. conclusion and execution of the Sale Agreement or contract for providing Electronic Services (e.g. Account).
- 2.4. direct marketing of own products or services of the Administrator.
- 2.5. Possible recipients of personal data of the Online Shop Clients:
- 2.6. In case of the Client, who uses in the Online Shop with the method of delivery by mail or by a courier, the Administrator provides the collected personal data of Client with the selected carrier or intermediary executing the package on behalf of the Administrator.
- 2.7. In case of the Client, who uses in the Online Shop with electronic payment method or by credit card, the Administrator provides the collected personal data of Client with the entity providing the aforementioned payments in the Online Shop.
- 2.8. The administrator can process the following personal data of the Service Users or Clients using the Online Shop: name and surname; e-mail address; contact phone number; delivery address (street, house number, apartment number, postal code, city, country), address of residence/business address/ address of the headquarters (if different from delivery address). In case of the Service Users or Clients not being consumers the Administrator can additionally process the company name and tax identification number (NIP) of the Service User or Client.
- 2.9. Providing personal data referred to in the paragraph above may be necessary for the conclusion and execution of the Sale Agreement or contract for providing Electronic Services in the Online Shop. Each time the scope of data required to conclude an agreement is indicated previously at the Online Shop website and in Regulations of the Online Shop.
4. BASIS OF DATA PROCESSING
- 3.1. The administrator also processes anonymous operational data related to the use of the Online Shop (the so-called logs - IP address, domain) to generate statistics helpful to assist the administration of the Online Shop. The data are cumulative and anonymous, i.e. they do not contain identifying characteristics of visitors of the Online Shop. Logs are not disclosed to third parties.
5. RIGHT OF INSPECTION, ACCESS TO OWN PERSONAL DATA AND THEIR CORRECTION.
- 4.1. Providing personal data by the Service User or Client is voluntary, although failure to provide set out at the Online Shop website and the Regulations of the Online Shop of the data necessary for the conclusion and execution of the Sale Agreement or contract for providing Electronic Services results in the inability to conclude this agreement.
- 4.2. The basis for processing personal data of the Service User or Client is a necessity to execute the agreement, of which he/she is a party or to take action before it is concluded at his/her request. In case of processing data for direct marketing of its own products or services of the Administrator, the basis for such processing is (1) the prior consent of the Service User or Client or (2) the fulfillment of the legitimate objectives performed by the Administrator (in accordance with art. 23, paragraph 4 of the Personal Data Protection Act, the legitimate objective is claimed to be, in particular, direct marketing of its own products or services of the Administrator).
6. FINAL PROVISIONS
- 5.1. The Service User or Client has the right to access their personal data and correct them.
- 5.2. Every person is entitled to control the processing of data, being of their concern, contained in the data set of the Administrator and notably the right to: require completion, updating, rectification of personal data, temporary or permanent suspension of its processing or its removal if they are incomplete, outdated, incorrect or collected in violation of the law or are no longer needed for the purpose for which it was collected.
- 5.3. In case when the Service User or Client gives a consent for the processing of data for direct marketing of its own products or services of the Administrator, the consent may be revoked at any time.
- 5.4. If the Administrator intends to process or processes the data of the Service User or Client for direct marketing of its own products or services of the Administrator, the person whose data are referred to, is entitled also to (1) file a written, reasoned request to cease the processing of the data because of its particular situation or to (2) object to the processing of its data.
- 6.2. The administrator uses technical and organizational measures to ensure the protection of personal data processed appropriate to the risks and category of data being protected, and in particular it protects data against their unauthorized disclosure, takeover by an unauthorized person, processing with violation of existing regulations as well as its change, loss, damage or destruction.
- 6.3. The administrator shall suitably provide the following technical measures to prevent the taking over and modification by unauthorized persons of personal data transmitted electronically:
- 6.3.1. Security of data set against unauthorized access.
- 6.3.2. SSL Certificate at the Online Shop website, where Clients’ data are provided.
- 6.3.3. Data Encryption for authentication purposes of the Service User.
- 6.3.4. Access to the account only after providing the individual login and password.
Appendix 2 - Exemple of return form
(please fill the form only in case of product return)
Appendix 3 - Information for consumers on the exercise of the right of withdrawal from the agreement concluded remotely.
INFORMATION FOR CONSUMERS
ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT CONCLUDED REMOTELY
developed on the basis of Annex No. 1 to the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827 as amended.)
- The right of withdrawal from the agreement:
Effects of withdrawal
- You are entitled to withdraw from this agreement within 30 days without giving any reason. The deadline to withdraw from the agreement expires after 30 days from the date on which you came into the possession of things or in which a third party, other than the carrier indicated by you came into the possession of things.
- To exercise the right of withdrawal, you are obliged to inform us of your decisions concerning the withdrawal from this agreement by an unequivocal statement (via a letter sent by mail, fax or email), providing the name, full mail address and, if available, your telephone number, fax number and e-mail.
- You may use the attached model of an agreement withdrawal form, but it is not mandatory. You can also fill in and submit the agreement withdrawal form or any other unequivocal statement electronically on our website http://www.eobuwie.com.pl. If you use this option, we will immediately communicate to you an acknowledgment of receipt of such a withdrawal from the agreement by e-mail. To keep the deadline of withdrawal from the agreement, you should only send information on exercising the right of withdrawal from the agreement before the deadline for the withdrawal from agreement.
- In case of terminating this Agreement we shall reimburse to you all payments received from you, including the costs of delivery of items (excluding additional costs resulting from your choice of a type of delivery other than the least expensive ordinary delivery method offered by us), immediately and in any event no later than 14 days from the day on which we are informed about your decision to exercise the right to withdraw from this agreement. Refund payments shall be made by us using the same payment method that you used for the initial transaction, unless you expressly agreed otherwise; in any case you will not incur any fees in connection with this return.
- • We may withhold reimbursement until receiving the items.
- • Please return the product immediately and in any event not later than 14 days from the day on which you informed us on the withdrawal from this agreement. The deadline is met if you send back the items before the term of 14 days. The product should be sent to the following address: eobuwie.pl S.A. (formerly Trading Company "TRAF" K.Grzymkowska, K. Grzymkowski general partnership) ul. Dekoracyjna 3, 65-155 Zielona Góra. You will have to bear the direct cost of returning the items amounting to approx. 13 PLN. You are responsible only for the reduction of the value of things resulting from the use of it in a different way than it was necessary to establish the nature, characteristics and functioning of things.