TERMS AND CONDITIONS OF THE ONLINE SHOP
Article 1. DEFINITIONS:
1. Online Shop – the online shop available at: www.rainbowsocks.com, administered by the Vendor,
2. Terms and Conditions – these terms and conditions of the Online Shop, as per art. 8 of the Act of 18 July 2002 on Provision of Services by Electronic Means,
3. Vendor – Iwuc sp. z o.o. with registered office at the following address: Kłobucka B8/28, 02-699 Warsaw, Poland, registered in the register of entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register under the KRS number: 0000636355, Tax ID (NIP): 9512418776, National Business Registry Number (REGON): 36537132800000, postal address: Brain Embassy, Postępu 15, 02-676 Warsaw, Poland, e-mail address: firstname.lastname@example.org,
4. Buyer – a Consumer or an Entrepreneur utilising services provided by the Vendor by electronic means via the Online Shop or concluding a Sales Contract with the Vendor,
5. Consumer – a consumer, as understood by art. 221 of the Act of 23 April 1964, the Civil Code i.e. a natural person having full capacity to enter into legal transactions and – in the cases provided for by the mandatory legislation – having limited capacity to enter into legal transactions, conducting a Sales Contract with the Vendor or utilising services provided by the Vendor by electronic means within the scope unrelated directly to their business or professional activity,
6. Entrepreneur – an entrepreneur, as understood by art. 431 of the Civil Code, i.e. a natural person, a legal entity, or an organisational unit without legal personality granted legal capacity by a separate act, conducting professional or business activity in their own name, concluding a Sales Contract with the Vendor or utilising services provided by the Vendor by electronic means,
7. Registration Form – a form available in the Online Shop, used to create an Account,
8. Account – a collection of resources in the Vendor's computerised system, identifiable by a unique name (login) and password specified by the Buyer, containing the Buyer's data, especially information on placed Orders, creation of which requires the Buyer to fill a Registration Form,
9. Order Form – a form available in the Online Shop, allowing the Buyer to place an Order and have it realised following creation of an Account or without creating it,
10. Order — a Buyer's statement of will, constituting an offer to conclude a Sale Contract with the Vendor,
11. Sale Contract – a sales contract as understood by the Civil Code, remotely concluded between the Vendor and the Buyer via the Online Shop, in Polish, concerning purchase of Products,
12. Basket – a virtual tool allowing the Buyer to aggregate selected Products before their purchase and calculate their total value; when choosing selected Products, the Buyer may freely administer the contents of the Basket by adding and removing Products from within,
13. Product – a moveable good available in the Online Shop, constituting the subject of the Sale Contract,
14. Proof of Purchase – a VAT invoice issued by the Vendor, confirming the relevant Sale Contract,
15. Promotion – a time-limited discount for selected Products that may be subjects of Sale Contracts, or other benefits offered to Buyers related to concluding a Sale Contract or creating an Account,
16. Newsletter – a service provided by electronic means by the Vendor, following relevant consent being granted by the Buyer, enabling automatic reception of key information on the Online Shop, including trade information, by willing Buyers via their provided e-mail address,
17. Materials – photographs of Products and other materials (esp. texts, graphics, logotypes, source codes) constituting works, as understood by the Act of 4 February 1994 on copyrights and related rights, placed in the Online Shop and owned by the Vendor or used by the Vendor with permission from the third party owning the relevant intellectual property rights to the Materials,
19. Appendix no. 1 (Complaint Form) – a document attached to the Terms and Conditions allowing one to file a complaint, as per Article 8 herein,
20. Appendix no. 2 – a document attached to the Terms and Conditions allowing one to withdraw from a Sale Contract, as per Article 9 herein,
21. Civil Code – the Act of 23 April 1964 – the Civil Code
Article 2. GENERAL PROVISIONS.
1. The Terms and Conditions apply to Sale Contracts and other services provided by the Vendor via the Online Shop.
2. The services provided by the Vendor by electronic means via the Online Shop constitute enabling Buyers to:
a. conclude Sales Contracts via procedures specified in these Terms and Conditions,
b. create and administer an Account in the Online Shop,
c. receive newsletter,
d. utilise other services available in the Online Shop.
3. Notifications, advertisements, price lists and other information on Products displayed in the Online Shop should be treated as invitations into a contract, as per art. 71 of the Civil Code.
4. The Online Shop provides its services within and outside of the Republic of Poland.
5. All Products available in the Online Shop are original, brand new (free of defects), and consistent with the applicable standards, requirements, and mandatory rules of law.
6. The Vendor maintains all due diligence when executing Sale Contracts and Orders.
7. The Online Shop may feature organised Promotions, with rules specified and made publicly available via the Online Shop by the Vendor.
8. The provisions of these Terms and Conditions are not aiming at waiving or limiting any of the rights of Buyers also being Consumers, applicable as per the mandatory rules of law, esp. the Civil Code and Act of 30 May 2014 on consumer rights. Should any of the provisions of these Terms and Conditions not comply with the above mentioned provisions, these provisions shall take precedence.
9. Any provisions of the Terms and Conditions applicable to consumers shall also be applicable to Entrepreneur being natural persons conducting business activity registered in the Polish Central Registration on Business (CEiDG) database, concluding Sale Contracts relating directly to their business activity, where the Contract contents also imply that the activity is not of professional nature to the entrepreneur. Verification of whether the given activity is of professional nature shall be conducted on the basis of data from CEiDG denoting the subject of business activity, based on Polish PKD codes. Articles 558.1, 2nd sentence; 563; and 567.2 of the Civil Code shall not be applicable towards buyers described above.
10. In order to properly utilise the Online Shop, users require an appropriate device (computer, telephone, tablet or other mobile device), an updated Internet browser (e.g. Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, etc.), a keyboard or other pointing device allowing users to fill online forms, min. 512 kbit/s download / 128 kbit/s upload Internet connection, as well as an active e-mail account.
Article 3. USAGE OF THE ONLINE SHOP
1. The Buyer is obliged to utilise the Online Shop in a manner consistent with the applicable provisions of the law, as well as the principles of social co-existence and morality, ensuring respect for individual and intellectual property rights of any third parties.
2. The Buyer may not undertake any actions that may affect proper functioning of the Online Shop, specifically:
a. interfere with content and graphical elements of the Online Shop,
b. place any illegal content in the Online Shop,
c. introduce any harmful data to the Online Shop as a computerised system, esp. any and all malware, i.e. viruses, spyware, etc.
d. use the Online Shop for any purposes other than what it is designed for, esp. to send out spam messages or to conduct any of their own business, commercial, advertising or promotional activities via the Online Shop.
4. When using the Online Shop, the Buyer is obliged to provide real and factual information and data for the purposes of Account creation and Sale Contract execution.
5. Placing personal data of third parties on the Online Shop is forbidden without prior consent of these third parties. For natural persons without full capacity to enter into legal transactions, relevant consent should be granted by their legal representatives or guardians.
6. Both Buyers and all other persons having access to the Online Shop are obliged to refrain from copying, modifying, publishing, reprinting, transmitting or using in any other manner (esp. for marketing, trade or business purposes) any Materials placed in the Online Shop, without prior written consent from the Vendor or other person or third party having relevant intellectual property rights to the Materials, with exception of instances of allowed use, as per the Act of 4 February 1994 on copyrights and related rights
7. Breaching the above provision could constitute an instance of breaching the law, and as such could serve as a basis for initiating civil or criminal legal proceedings against offending persons or entities.
8. The Buyer is fully liable towards the Vendor and relevant persons or third parties for:
a. any instances of breaching the law by the Buyer, esp. with regards to rights of relevant persons or third parties and provisions of these Terms and Conditions,
b. incorrect or illegal usage of the Online Shop, as well as any instances of technical issues, data loss, or other damages to the Online Shop related thereto, esp. actions specified in point 3 of this article,
c. placing in the Online Shop any works, as understood by the Act of 4 February 1994 on copyrights and related rights in a manner infringing upon intellectual property rights of the given relevant person or third party.
9. The Buyer’s liability, as described above, covers both repairing the damage caused for the Vendor or other persons or third parties, as well as covering additional expenses resulting from the damage, esp. court expenses, legal representation fees, enforcement costs and other reasonable costs incurred by the Vendor resulting from the damage or claims made by third parties.
Article 4. ACCOUNT CREATION.
1. In order to create a Buyer Account, one must fill a Registration Form and click the designated button. During registration the Buyer sets the password himself.
2. The Buyer Account is successfully created, as described above, the Buyer shall immediately gain access to their Account via individual login and password. Online Shop Accounts are created for an indefinite period and having an Account is not associated with financial obligations for the Buyer towards the Vendor.
3. An Account may be deleted via the Online Shop or via sending a request to delete one’s Account to the Vendor’s e-mail address: email@example.com
Article 5. PLACING AND EXECUTING ORDERS.
1. The Buyer may place an Order:
a. via their Account, having first filled an Order Form, at any time – the Buyer should fill a Registration Form (create their Account), add Products to the Basket, fill an Order Form and confirm the Order with a dedicated button,
b. by filling an Order Form available without creating an Account, at any time – the Buyer should add Products to the Basket, fill an Order Form and confirm the Order with a dedicated button.
2. The Vendor shall inform the Buyer that their Order has been placed and accepted for processing via e-mail, if the Order has been placed as described in the above section.
3. The Sale Contract between the Buyer and the Vendor is considered concluded the moment the Buyer receives the e-mail specified in the above section.
4. Orders placed on business days, from Monday to Friday, after 11 am, as well as on Saturdays, Sundays and other holidays, as described in the Act of 18 January 1951 on bank holidays, shall be processed on the next business day.
5. Placed Orders may be cancelled by the Buyer also being a Consumer up to the moment when Products are shipped.
6. Order processing time (finalising the Order and preparing it for shipping) is 24 hours.
7. The Order processing time, as described in section 6 of this article, may be extended, in cases of force majeure, understood as unavoidable, extraordinary, unforeseeable and uncontrollable circumstances, whose results were not avoidable despite any and all reasonable measures, by the duration of such situations.
8. Should any of the ordered Products be unavailable, the Buyer shall be informed thereof. They may then agree to extend the Order processing time, as described in section 6 of this article, or withdraw from ordering the selected Product or the entirety of the Order.
9. The Vendor reserves the right to cancel the Order if the Buyer does not correct the erroneous or missing data necessary for the purposes of Order processing, within 3 days of being contacted, subject to art. 6.6 herein.
Article 6. PAYMENT.
1. For processing Orders and Contracts, the Vendor is entitled to remuneration in accordance with pricing lists available in the Online Shop at the time of Order placement.
2. Prices are gross prices expressed in EUR/USD/GBP/PLN and include all the components including taxes and duties.
3. The Buyer shall be informed of the total price for ordered Products before placing their Order.
4. Each Order is accompanied by a Proof of Purchase, with the buyer consenting to receive, as Proof of Purchase, an electronic invoice sent to the e-mail address included in the Registration Form or the Order Form, if the Buyer shall express their desire to receive one by selecting a relevant option when placing the Order.
5. The Buyer may select one of the following payment methods for ordered Products:
a. payment via online bank transfer to the Vendor’s bank account – the Order is sent not earlier than upon registering the full Order price on the Vendor’s account,
b. payment via Visa, Visa Electron, MasterCard or Maestro credit cards – the Order is sent not earlier than upon positive confirmation for full Order price payment,
c. payment via PayPal, PayLane or Przelewy24 – the Order is sent not earlier than upon positive confirmation for full Order price payment.
6. If the Buyer does not issue payment for the Order within 3 days of it being accepted, the Vendor may request payment from the Buyer within 3 days. If the request is not timely fulfilled, the Vendor may cancel the Order and inform the Buyer thereof via e-mail.
7. In cases of payment delays from Buyers also being Entrepreneurs, the Vendor is entitled to statutory interest for commercial transaction delays and costs of receivable collection, as per the Act of 8 March 2013 on combating late payments in commercial transaction.
8. Online payments conducted via the Online Shop, as described in point 5.c of this article, are administered by the following platforms:
a. PayPal, available at www.paypal.com – managed by the company PayPal Polska sp. z o.o. with registered office at the following address: ul. Emilii Plater 53, 00-113 Warszawa, KRS number: 0000289372, Tax ID (NIP): 5252406419, National Business Registry Number (REGON): 141108225,
b. Przelewy24, available at www.przelewy24.pl – managed by the company PayPro S.A., with registered office at the following address: ul. Kanclerska 15, 60-327 Poznań, KRS number: 0000347935, Tax ID (NIP): 7792369887, National Business Registry Number (REGON): 301345068, registered as a National Payment Institution in the Financial Services Register administered by the Financial Supervision Commission in UKNF, under number: IP24/2014,
c. PayLane available at www.paylane.pl/ - managed by the company PayLane sp. z o.o., with registered office at the following address: ul. Norwida 4, 80-280 Gdańsk, National Business Registry Number (REGON): 220010531, registered as a National Payment Institution in the Financial Services Register administered by the Financial Supervision Commission in UKNF, under number: IP11/2013.
Article 7. DELIVERY.
1. The Buyer may select one of the following receipt methods for ordered Products:
a. delivery of Products to the Buyer’s address, provided during Order placement, performed by the Polish Post (Poczta Polska) or a delivery company,
b. collection of ordered Products in an InPost parcel machine (Paczkomat).
2. All shipping costs are covered by the Vendor.
3. The Buyer is obliged to collect the shipped Products.
4. The Buyer also being an Entrepreneur is obliged to inspect the delivered parcel in presence of the courier or Polish Post employee, upon delivery, with exception given to Entrepreneurs described in art. 2.9 herein.
5. Buyers also being Consumers and Entrepreneurs as defined by art. 2.9 herein, are advised by the Vendor to inspect the parcel in presence of the courier or Polish Post employee. Not inspecting the package will not have any effects on complaint procedures, as described in art. 8 herein, but undertaking the inspection would greatly ease this process.
Article 8. COMPLAINTS
1. The Vendor is liable for warranty complaints if any Product defects are detected within 2 years of the Product being delivered to the Buyer.
2. Slight differences in the appearance of the Product resulting from individual settings of the Buyer’s computer – especially their monitor – shall not constitute sufficient basis for warranty claims.
3. If the Buyer determines that the delivered Product has a defect, they should inform the Vendor thereof.
4. The complaint should consist of: the Buyer’s data, information on the Product and the Order, description and date of determining the defect, and Buyer’s requests related thereto. The Buyer is also obliged to deliver the original or copy of the Proof of Purchase or other proof confirming the purchase of the Product, as well as to sent back the Product to the Vendor, to enable them to process the complaint.
5. To ease the complaints procedure, the Vendor has made available on the website the Registration Form, constituting Appendix no. 1 to these Terms and Conditions.
6. Complaints should be sent:
a. on paper – via traditional mail to the Vendor’s address: Brain Embassy, Postępu 15, 02-676 Warsaw, Poland.
b. via e-mail – to the Vendor’s e-mail address: firstname.lastname@example.org.
7. If the complaint is found to not contain sufficient information, the Vendor shall revert to the Buyer and request additional data before responding to the complaint.
8. The Vendor is obliged to respond to complaints filed by Buyers also being Consumers and Entrepreneurs, as per art. 2.9 herein, who requested replacement of their Product or removal of defect, or filed a declaration of price reduction, stating specific price, without 14 days of its filing or correcting by the Buyer. Should the Vendor not respond to the complaints in the above scenario, the complaint shall be considered accepted.
9. The Vendor’s liability for warranty against Buyers also being Entrepreneurs is wholly excluded, except Entrepreneurs described in art. 2.9 herein.
Article 9. WITHDRAWAL FROM THE SALE AGREEMENT.
1. Buyers also being Consumers and Entrepreneurs, as described in art. 2.9 herein, have the right to withdraw from the Sale Agreement, as a distance contract, without stating any reasons, within 14 days from receipt of shipped Products, unless the exception described in section 9 of this article is valid for the given transaction.
2. To exercise the above right, the Buyer is to submit a declaration of Sale Agreement withdrawal within the specified time frame:
a. on paper – via traditional mail to the Vendor’s address: Brain Embassy, Postępu 15, 02-676 Warsaw, Poland.
b. via e-mail – to the Vendor’s e-mail address: email@example.com.
3. To ease the agreement withdrawal procedure, the Vendor has made available on the website a template for the relevant declaration, constituting Appendix no. 2 to these Terms and Conditions.
4. When withdrawing from the Sale Agreement, the Buyer is obliged to return the Products, along with the original or copy of the Proof of Purchase or other form of evidence confirming purchase of the returned Product, within 14 days from filing the withdrawal declaration. Any Product returns resulting from Agreement withdrawal that are sent on the Vendor’s expense or with cash on delivery, shall not be accepted.
5. The delivery charges for returning the Product are covered by the Buyer.
6. The Buyer shall be responsible for any reductions in the Product’s value resulting from handling of the Product other than what is necessary to establish its nature, characteristics, and functioning.
7. Vendor shall reimburse the Buyer for the full price of the Product and shipping costs incurred by the Vendor not later than within 14 days from the delivery of the returned Product, subject to section 8 of this article.
8. The Vendor shall issue the refund via the same payment method as the one chosen by the Buyer during the original Product purchase, unless the Buyer expressly consents to a different refund method that would not result in any additional costs. If the Buyer had chosen a shipping method different than the cheapest one offered by the Vendor, the Vendor is not obliged to refund the additional costs incurred by the Buyer.
9. The right to withdraw from the Sale Agreement, as described in this article, is not applicable in cases of:
a. provision of services, where the Vendor carried out a service as per the Buyer’s express consent, where the consumer had been informed before the service was provided that they would lose their right to withdraw from the Sale Agreement once the service is carried out,
b. contracts for services for which the price or remuneration is dependent on variations of the financial market, outside of the Vendor’s control, which may occur before the Sale Agreement withdrawal term is due,
c. Sale Agreements for services covering non-prefabricated items, manufactured based on the Buyer’s specifications or used to serve their own, individual needs,
d. Sale Agreements for services covering items that quickly deteriorate or with short “best consumed before” time frames,
e. Sale Agreements for services covering items delivered in a sealed packaging, which, once opened by the consumer, prevents the item from being returned due to health or hygiene concerns,
f. specific Sale Agreements for services covering items that, due to their inherent nature, are inseparably connected to other items once delivered,
g. Sale Agreements for services covering alcoholic beverages, the price for which was established when concluding the Sale Agreement, and which may be delivered only after 30 days, and their price is dependent on variations of the financial market, outside of the Vendor’s control,
h. contracts in which the Buyer expressly demanded that the Vendor performs urgent repairs or conservatory works; and if the Vendor provides any additional services to those requested by the Buyer, or delivers any items other than spare parts required to perform repairs or conservatory works — the Buyer has the right to withdraw from the contract with regards to the additional services or items,
i. Sale Agreements for services covering sound or video recordings, or software delivered in a sealed packaging, if the packaging was opened by the Buyer following the delivery,
j. journals, periodicals, or magazines, except subscription contracts,
k. Sale Agreements concluded at a public auction,
l. contracts for services covering 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,
m. contracts covering supply of digital content which is not supplied on a tangible medium, if the service has begun with the Buyer's prior express consent and with the acknowledgement by the Buyer of losing the right to withdraw.
10. Details of the right to withdraw from the Sale Agreement as a distance agreement are specified in the Act of 30 May 2014 on consumer rights.
11. The provisions of this article are not applicable to Buyers also being Entrepreneurs, with exception given to Entrepreneurs described in art. 2.9 herein, for whom the right to withdraw from the Sale Agreement is excluded.
Article 10. PERSONAL DATA PROTECTION.
1. The Vendor is the Personal Data Controller for Buyers.
2. As the Personal Data Controller, the Vendor shall process personal data in accordance with the Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/WE (General Data Protection Regulation), the Personal Data Protection Act of 10 May 2018 (Dz. U. 2018, item 1000, as amended) and other applicable personal data protection laws.
3. The Buyer may consent to have their personal data processed by the Vendor for the purpose of receiving a Newsletter via designated e-mail address.
Article 11. FINAL PROVISIONS.
1. The Vendor reserves the right to introduce limitations to the usability of the Online Ship caused by technical issues, conservatory works, or upgrade implementation. Simultaneously, the Vendor is obligated to limit the above mentioned restrictions to night time and to have them last as briefly as possible.
2. The Vendor reserves the right to make changes to these Terms and Conditions. Any changes shall come into effect in the moment specified by the Vendor, but not sooner than within 7 days of them being announced. Any Orders placed before the afore mentioned changes are introduced shall be processed based on the rules and provisions valid at the time of the Order’s placement. Buyers not consenting to changes to these Terms and Conditions should refrain from further usage of the Online Shop.
3. Any conflicts between the Vendor and the Buyer – subject to their mutual consent – shall be resolved in an amicable manner or by means of mediation proceedings assisted by an independent, neutral mediator.
4. The Buyer also being a Consumer may:
a. utilise out-of-court complaint and redress mechanisms, as per the Act of 23 September 2016 on resolving consumer disputes out of court and the entity entitled to conduct out of court consumer dispute resolution proceedings, to whom the Vendor is subject to,
b. file a complaint via EU’s ODR platform, available at: http://ec.europa.eu/consumers/odr/.
5. If amicable conflict resolution is not possible, the conflict shall be resolved by the court of competent jurisdiction as per the Vendor’s registered address (i.e. the court in Warsaw, Poland), and for Buyers also being Consumers it shall be the court relevant as per the general rules and principles.
6. Any matters not regulated by these Terms and Conditions shall be regulated by the relevant provisions of common law, esp. the provisions of the Civil Code, consumer rights act, act on copyrights and related rights, and personal data protection regulations.
7. These Terms and Conditions are applicable starting with 2 March 2021.