THE ONLINE SHOP REGULATIONS
§ 1. GENERAL PROVISIONS
1. The hereby regulations refer to the agreements concluded through the www.rainbowsocks.com website.
- Online shop – online shop available on www.rainbowsocks.com
- Regulations – regulations of this Online shop,
- Seller – Iwuc Sp. z o.o., at 8B/28 Klobucka Street 02-699 Warsaw, Poland, NIP (Tax Identification Number): 9512418776, REGON (National Business Registry Number): 365371328, registered in the National Court Registry by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register under the KRS number: 0000636355, the share capital of 50,000.00 pln (fully paid), the phone number +48 881 288 188, e-mail address: email@example.com.
- Buyer – natural person with full capacity for legal actions as well as natural person with limited capacity for legal actions as stated in generally applicable laws, natural person conducting a business activity, legal person or entity with no legal personality who makes use of electronically supplied services provided by the Seller,
- Registration form – form available on the website which allows for creation of an account,
- Account – marked with the individual name (login) and password given by the Buyer, collection of resources in the seller’s ICT system where the Buyer’s data are gathered including data on the orders already placed,
- Order form – form available on the website which allows the Buyer to place the Order without creating the account,
- Order - Buyer's declaration of intent, constituting an offer to conclude a Product sales contract with the Seller, ,
- Sales agreement – Product sales agreement concluded through the website,
- Product – any chattel available in the Online shop which is a subject-matter of the Sales agreement,
- Shopping cart – online tool allowing the Buyer to aggregate the selected Products before buying them and to calculate their prices. While selecting the products, the Buyer may manage the content of the cart by adding and removing the products,
- Special offer – a price discount for selected Products, strictly defined in time, being the subject of a sales contract between the Buyer and the Seller,
- Proof of purchase – receipt, VAT invoice or any other document which shall confirm the purchase,
- Newsletter – a service provided electronically by the Seller, consisting in enabling interested Buyers to automatically receive the most important information related to the Online Shop to the e-mail address provided the electronically provided service that allows the buyer to automatically receive to a given email address the most important information related to the online shop,
- Annex I – document attached to these regulations allowing to withdraw from the agreement, referred to in section § 6.,
- Annex II – document attached to these regulations allowing to return of a damaged or faulty goods, referred to in section § 5.
3. Electronically supplied services provided by the seller include:
- having an Account in an Online shop,
- concluding the Sales agreement by completing the Order form,
- publishing the Newsletter.
4. Prior to completion of Order form or Registration form and creating the Account, the Buyer will be asked to get familiar with the Regulations and their acceptance.
5. Buyer may access his/her Account through using login and password. The agreement related to having an Account in the Online shop is concluded for indefinite period of time and does not entail any financial obligations for the Buyer. At any time, this agreement may be terminated by removing the Account or sending the information on resignation to firstname.lastname@example.org.
6. The Online shop may organize the Special offers for the selected Products. The Seller shall define the rules for Special offers and make them public on the website..
7. Publications, advertisements, price lists and other product information found on this website, particularly their description, technical and operational parameters as well as their prices shall be treated as an invitation to conclude the Sales agreement.
8. In order to use our website, it is necessary to have a computer or other mobile device with processor of min. 200MHz, 64MB RAM, graphics card supporting resolution of 800x600 and 256 colours as well as browsers (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera, Google Chrome, Safari), a keyboard or other pointing device allowing for the correct completion of electronic forms.
9. The conditions of hereby Regulations shall not aim to exclude or limit any rights of the Buyer who is a customer granted by mandatory provisions of law. In case of any discrepancies the mandatory regulations take the precedence to the hereby Regulations.
§ 2. ORDER PLACEMENT – TERMS AND CONDITIONS
1. Buyer is obliged to use the Online shop in accordance with the law in force, principles of community life and decorum, respect the personal and ownership rights of the third parties.
2. Our Online shop sells its goods on the territory of the Republic of Poland and abroad.
3. Buyer may place the order in one of the following ways:
- place the order via the registered Account,
- place the order by completing the Order form available on our website,
4. All the Products from our website are original, brand new (free from defects) and compliant with the applicable requirements.
5. Orders referred to in 3 a), b) of this paragraph may be placed 24/7.
6. In order to place the order referred to in 3 a) of this paragraph in a proper manner the Buyer shall complete the Registration form and thereby create an Account.
7. In order to place the order referred to in 3 b) of this paragraph in a proper manner the Buyer shall add the Product to the Shopping cart, complete the order form available on the website and send it to the Online shop.
8. Orders placed on weekdays after 11 am, as well as orders placed on Saturdays, Sundays and during holidays will be processed the next business day.
9. Confirmation of submission and acceptance for execution of the Order will be sent to the Buyer by the Seller in the form of an email.
10. On receipt of a communication referred to in point 9. of this paragraph the Sales agreement is concluded.
11. Orders submitted for implementation may be canceled by the Buyer who is also a consumer within the meaning of the law.
12. Time of order execution (order picking and preparation for shipping) is between one and two business days.
13. In the event of a Product being out-of-stock, the Buyer is informed about this fact. Buyer may agree on extended time of order execution or cancel the whole order or resign only from the item delaying the delivery date. In case of non-availability of Products, the estimated time of order execution is discussed individually with the Buyer and is extended up to 14 business days.
14. Seller reserves the right to cancel the order if the Buyer, regardless of the Seller’s notifications, failed to provide the Seller with missing items necessary for the proper execution of the order.
§ 3. PAYMENTS
1. Prices are gross prices expressed in € (EURO), ZŁ (PLN), $ (USD), £ (GBP) and include all the components including taxes and duties. However, prices do not include delivery costs which are selected during order placement.
2. The Buyer is informed about the total amount of the Order each time before placing the Order.
3. Proof of purchase (VAT invoice) is sent to the Buyer's email address.
4. Buyer shall select one of the following payment methods for the products:
- regular or electronic bank transfer
- credit or debit card
- online payment - PayPal , PayLane, Przelewy24
5. Upon choosing the payment method specified in the point 4.a, the Products shall be sent once the entire amount of the Order price is booked on the Vendor’s bank account.
6. When selecting payment methods, as per points, 4.b, 4.c , the Products are sent immediately after the entirety of the Order price is authorised.
7. Upon choosing the payment method specified in the point 4 of this article, if the Buyer does not issue payment for the Order within 7 days of it being accepted, the Vendor shall request the Buyer to issue the relevant payment. If the request is not fulfilled, the Vendor has the right to cancel the Order and inform the Buyer of the cancellation via e-mail.
8. Payments are processed by PayLane available at https://paylane.com/ - through PayLane Sp. z o. o., with registered address at 4 Norwida Street, 80- 280 Gdansk, Poland, KRS: 0000227278 NIP (Tax Identification Number): 586-214-10-89, REGON (National Business Registry Number): 220010531 or PayPal available at https://paypal.com - through PayPal Polska Sp. Z o.o. with its registered office at: 53 Emilii Plater Street, 00-113 Warsaw, Poland KRS: 0000289372, NIP (Tax Identification Number): 5252406419, REGON (National Business Registry Number): 141108225, Przelewy24 available at https://przelewy24.pl through PayPro SA, with registered address 15 Kancelarska Street, 60-327 Poznan, Poland, KRS: 0000347935 NIP (Tax Identification Number): 779 236 98 87, REGON 301345068.
§ 4. DELIVERY
1. Buyer may select the following ways of shipping:
- delivery of Products to the Buyer's address provided when placing the Order by courier,
- UPS Express Saver courier - air transport
- collecting ordered Products in parcel machines .
2. Buyer shall select the delivery while placing the order.
3. Buyer shall cover the delivery costs.
4. Delivery costs depend on the way of delivery and the selected payment method. Buyer shall be informed about the delivery costs while placing the order.
5. Seller shall provide the buyer with Products free from defects.
Buyer undertakes to collect the Product sent.
§ 5. CLAIMS
1. Seller recommends checking the content of parcel in the presence of courier. No parcel checking shall not exclude the possibility of claim. However, the act of checking the parcel smooths the claim process. The above shall not refer to trader who is obliged to check the parcel in the presence of courier.
2. In the event of damaged item, the Buyer shall inform the Seller about this fact.
3. Claim shall include the Buyer data, description of defect, data when defect arose, and information on Buyer demand. In order to smooth the claim process, Annex II is available on the website.
4. Proof of purchase or its copy may be attached to the claimed product.
5. Buyer shall send back the claimed product.
6. Claims shall be addressed to:
Iwuc Sp. z o.o., 8b/28 Klobucka Street, 02-699 Warsaw, Poland
by e-mail by sending an appropriate message to the e-mail address: email@example.com
7. In case of some missing data or information in claim, the Seller shall ask the Buyer for its supplement in a given scope prior to processing the claim.
8. Seller shall answer to the claim within 14 days. Lack of answer after the time limit indicated results in acceptance of the claim.
9. Seller shall have liability for any warranty claims if the defect comes to light within 2 years from the moment of Product collection by the buyer.
§ 6. WITHDRAWAL FROM THE AGREEMENT
1. Buyer, who is a customer in the meaning of the law, has a right to withdraw from the remote agreement within 14 days from the moment of product collection without stating the reason.
2. The above right shall not apply in the following cases:
- service contracts after the service has been fully performed if the performance has begun with the Buyer’s prior express consent, and with the acknowledgement that s/he (the Buyer) will lose his/her right of withdrawal once the contract has been fully performed by the Seller,
- the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Seller and which may occur within the withdrawal period,
- the supply of non-prefabricated goods made to the Buyer’s specifications or clearly personalized,
- the supply of goods which are liable to deteriorate or expire rapidly,
- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed by the buyer after delivery,
- the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items,
- the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales agreement, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the seller,
- agreements where the Buyer has specifically requested a visit from the Seller for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the seller provides services in addition to those specifically requested by the buyer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods,
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after,
- the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications,
- contracts concluded at a public auctions,
- the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance,
- the supply of digital content which is not supplied on a tangible medium if the performance has begun with the Buyer’s prior express consent and his acknowledgement that s/he hereby loses his/her right of withdrawal.
3. In order to effectively terminate the agreement referred to in point 1. of this paragraph, the Buyer shall send a written declaration by mail or by post within 14 days from the moment of parcel collection. The model of declaration is set out in Annex I.
4. In case of withdrawal from the agreement, the Buyer shall return the bought product within 14 days from the moment of withdrawal submission.
5. Delivery cost of returned product shall be incurred by the Buyer.
6. Buyer shall be liable for decrease in the value of the product value as a result of its use beyond what is necessary to establish the nature, characteristics and functioning of the product.
7. Seller guarantees the refund of the price of the product and the shipping costs immediately, not later than within 14 days days in accordance with the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended).
8. Seller shall return the money in the same way as the original payment was made by the Buyer unless the Buyer explicitly expressed his/her consent for other way of return which does not involve any additional costs.
9. In the event that the Buyer selected other than the cheapest way of delivery offered by the seller, the seller is not obliged to reimburse the Buyer for the additional costs.
10. Provisions of this paragraph shall not be applied to Buyers who are not consumers, i.e. persons making the legal actions related to their profession or business activity – in this event the right to withdraw from the sales agreement is excluded.
11. If individual jurisdictions provide for more favorable rights than those indicated in the Regulations, the more favorable law shall apply
§ 7. PROTECTION OF PERSONAL DATA
§ 8. PROTECTION OF COPYRIGHT
1. All the pictures of products and other materials (including texts, graphics, logotypes) published at www.rainbowsocks.com are owned by the seller or have been used with consent of third parties who are holders of copyrights.
2. Prohibited is the copying of the pictures, other graphic materials and reprinting of texts published at www.rainbowsocks.com including making them available online without the seller’s written consent or the third party who is holder of copyrights.
3. Prohibited is also downloading pictures from the www.rainbowsocks.com website for marketing and commercial purposes.
4. Use of the above mentioned materials without the seller’s written consent or other third parties who are holders of copyrights is unlawful and may give rise to civil or criminal proceedings against those who violate the law.
§ 9. FINAL PROVISIONS
1. Seller reserves the right to impose limitations in online shop services due to technical service, repair works or improvement works. At the same time, the seller undertakes all the reasonable endeavors to make sure that all the above mentioned works are done at night and last as short as possible.
2. Seller reserves the right to change the regulations. The changes enter into force at a time specified by the seller, however not earlier than 7 days from their announcement. Orders placed before the aforementioned changes will be fulfilled in accordance with the arrangements valid in the moment of order placement.
3. Any disputes between the sides shall be resolved by conciliation or in the presence of independent and impartial mediator. In addition, consumer shall have the possibility to an out-of-court compliant and redress mechanism. In order to take the advantage of amicable resolution of dispute, consumer may address the complaint by ODR platform available at http://ec.europa.eu/consumers/odr.
4. In the event that no amicable resolution is reached, even through mediation, jurisdiction of the court shall be determined according to the rules generally applicable.
5. Any matters not regulated by the hereby regulations will be regulated by adequate provisions.
6. These regulations come into force on 11 December 2020.