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Terms and Conditions

 

REGULATIONS OF THE ONLINE SHOP

1. These Regulations are defining general conditions, principles and the manner of the conducted sale through PRO-GAL civil law partnership with registered office in Warsaw, via the suspenders.com.pl online shop (hereinafter referred to: with "online shop") and determines principles and conditions of the benefit through PRO-GAL civil law partnership of free services with registered office in Warsaw with electronic means.



1.Definitions

1. working days - is fixing weekdays on weekdays excluding days by law off.

2. delivery - is spelling the actual activity consisting in delivering, via the Supplier, determined Goods to the Customer by the Seller in the order.

3. supplier - is denoting the subject with which the Seller is cooperating in effecting the delivery of goods:

A) InPost Paczkomaty Sp. z o.o. with registered office in Cracow, providing services of the Delivery and services of the system of post office boxes (Paczkomat);

B) Poczta Polska S.A. with registered office in Warsaw.

4. password - means the character string letter, digital or other chosen by the Customer during the Registration in the online shop, used in order to protect the account access of the Customer in the online shop.

5. customer - a subject is denoting, for which in accordance with the rules and provided services can be made provisions of the law by electronic means or with which the contract of sale can be agreed to.

6. consumer - means the natural person effecting the unbound act in law with the entrepreneur directly with his/her business activity or professional.

7. account of the Customer - means individual for every Customer panel, started for the benefit of his by the Seller, after making by the Customer the Registration and the conclusion of a contract of providing services leading of the Account the Customer.

8. login name - is denoting the individual marking of the Customer, established by him, consisting of the character string letter, digital or other, required along with the Signal of opening an account of the Customer in the online shop.

9. entrepreneur - means the natural person, the legal person or the organizational unit not being associated with the legal person which the act is granting the legal capacity, conducting a business activity in its own name or professional and effecting the act in law directly with her business activity or professional.

10. regulations - is denoting these regulations.

11. Registration - means the actual activity made in the way determined in Regulations, required for using all functionalities of the online shop by the Customer.

12. seller - means:

A) leading Jolanta Ługiewicz business activity under the name of Jolanta ŁUGIEWICZ PRO-GAL civil law partnership with registered office in Warsaw (01-355), ul. Stanisława Konarskiego 87, NIP: 5222426498, REGON: 142179196, written down to the Central Register and Information about the managed business activity by the minister for the economy;

b)

Of Konrad Ługiewicz of the person in charge of the business activity under the name PRO-GAL civil law Partnership Konrad ŁUGIEWICZ with the registered office in Warsaw (01-355), ul. Stanisława Konarskiego 87, NIP: 5261738204, REGON: 142180101, written down to the Central Register and Information about the business activity led by the minister for the economy;

acting as partners of the civil law partnership PRO-GAL civil law partnership with registered office in Warsaw (01-355), ul. Stanisława Konarskiego 87, NIP: 5271716925, REGON: 011923288; e-mail: of sklep@suspenders.com.pl, being at the same time an owner of the online shop.

13. Website of the Shop - suspenders.com.pl acting in domain is indicating websites, under which the Seller runs the online shop.

14. goods - is marking the product described by the Seller via a website of the Shop, being able to be with subject of the contract of sale.

15. durable medium - material or the tool enabling the Customer or Sellers mean the information storage directed personally to it, in the way enabling the access to the information in the future by the right time at targets this information serves which, and which let for reconstructing stored information in the unchanged form.

16. contract of sale - is denoting the included contract of sale from a distance, under the terms of Regulations, between the Customer and the Seller.

§ 2 general provisions and using the online shop

1. All rights to the online shop, including the property copyright, rights of the intellectual property to his name, his Internet domain, a website of the Shop, as well as to models, forms, logotypes placed on the website of Shop (except for logotypes and photographs presented on the website of Shop in cells of the presentation of goods, to which it is a copyright which belongs to the third entities) they belong to the Seller, and using them can take place exclusively in the way determined and in accordance with Regulations and with the permission for the Seller given in writing.

2. The seller will make efforts using the online shop to be possible for Internet users with using all popular web browsers, operating systems, types of devices and types of Internet mergers. The minimal specifications enabling to use a website of the Shop are a web browser in the version at least Internet Explorer 11 or Lame 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with the included service of the Javascript tongue, accepting files of the type "cookies" and Internet connection for bandwidths at least 256 kbit/s. a website of the Shop is optimized for the minimum 1024x768 screen resolution of pixels.

3.The seller applies the mechanism of \ "cookies\" files, which while using by Customers a website of the Shop, are being bequeathed by the server to the Seller on the hard disk of the terminal unit of the Customer. Applying files \ "cookies\" is aimed at correct action of a website of the Shop on terminal units of Customers. This mechanism isn't destroying the terminal unit of the Customer as well as doesn't cause configuration changes in terminal units of Customers or in the software installed on these devices. Every Customer can exclude the mechanism "cookies" in the web browser of one's terminal unit. The seller is pointing, that shutdown "cookies" can however cause the impediment or make it impossible to use the website of the Shop.

4.In order to place an order in the online shop via a website of the Shop and in order to make use of services provided via e-mail via a website of the Shop, having the web mail account made by an active Customer is a necessity.

5.Delivering the contents by the Customer of the unlawful character and using by the Customer the online shop, a website of the Shop or free services provided by the Seller, in the illegal way, with good manners or disturbing personal rights of third parties is forbidden.

6.The seller is declaring, that public character of the network via e-mail to bind the Internet and using supplied services comes with the threat of recruiting and modifying the clients data given by unauthorized persons, therefore Customers should apply appropriate technical means which can minimize such threats. In particular they should apply antivirus programs and protect the identity using the network Internet. The seller should never apply for making the Password available in any form to him by the Customer via a request.

7.Exploiting stores resources and the functions of the online shop in order to be a business person by a customer or any activity which would infringe the seller rights isn't acceptable.

§ 3 Registration

1.In order to create the Customer's Account, the Customer is obliged to make the free Registration.

2.The registration isn't necessary to place an order in the online shop.

3.For the purpose of registration, the Customer should fill in the registration form made available by the Seller on the website of Shop and send the completed registration application form via e-mail to the Seller through choice of the appropriate function being in a registration form. During the Registration the Customer must establish an individual Password.

4.The customer can also make the Registration via his google.com user account. Opening a Customer takes place by dedicated redirecting from the online shop to a google.com website, where the Customer is asked to give the login name and the password he has connected to the user account in google.com. After the authorization on the site google.com, the Customer is redirected back to the online shop, in which an account of the Customer is being opened, with the reference material to the user account on google.com. Login name for the service google.com and his password aren't registered and stored by the Seller. The seller receives the following personal details of the Customer from google.com: the full name, the sex and the domicile.

5.In the course of filling the registration form , the Customer can read the rules, accepting the contents by marking a right field in the form.

6.After sending the completed registration application form the Customer receives immediately, via e-mail, the confirmation of the Registration by the Seller to the given e-mail address in the registration form. A providing services via e-mail agreement is being entered into with this moment leading of the Account the Customer, whereas the Customer is getting the alternative of the account access of the Customer and causing changes given during the Registration of data.

§ 4 orders

1.The information included on the website doesn't constitute the Shop offers of the Seller into understanding of the civil code, but is only an invitation for Customers to make an agreement of sale.

2. The customer can place orders in the online shop via a website of the Shop for 7 days during the week, twenty-four hours a day.

3.A Customer placing an order via a website of the Shop, is picking orders by choosing Goods in which he is interested in. Adding Goods to the order is taking place through choice of the order \ "add to the Basket\" under given Goods presented on the website of Shop. Customer after completing the whole of the order and pointing in "Basket" of way of the Delivery and the payment method, is placing an order through sending an order form to the Seller, choosing the Shop on the website button "ordering the payment with the duty". Every time before the dispatch of ordering to the Seller, the Customer is being informed about the total price for chosen Goods and the Delivery, as well as about all extra costs which is obliged to carry in relation to the contract of sale.

4. Placing an order constitutes to submitting an offer of the conclusion of a contract of sales of goods being a subject of the order for the Seller by the Customer.

5. After placing an order, the Seller is sending confirming folding it up to the e-mail address given by the Customer.

6. After confirmation of placing an order, the Seller is sending the e-mail address to the address of the Customer information about accepting an order for the accomplishment.

Information about accepting an order for the accomplishment is declaring for the Seller about the acceptance of an offer which is being talked about in § above 4 sec. 4 and upon receiving it by the Customer an included contract of sale is staying.

7. After the conclusion of the contract of sale, the Seller is confirming conditions for the Customer , sending on the durable medium to the e-mail address of the Customer or in writing to the address indicated by the Customer while the Registration or placing an order.

§ 5 payments

1. Prices on the website of Shop placed by given Goods constitute as gross prices and don't contain information in relation to delivery charges and all other costs, which the Customer will be obliged to carry in relation to the contract of sale which the Customer will be informed at choice about the manner of the Delivery and placing an order of.

2.The customer can choose the following payments method behind ordered Goods:

a) bank transfer to the bank account for Seller (in this case the completion of an order will be commenced after forwarding by the Seller of confirming accepting an order and after influencing funds to the Customer to the bank account for the Seller).

3. The customer every time is being informed by the Seller on the website about the date in which he is obliged to make the Shop payments to the order in the height resulting from the included contract of sale.

4.In case of the non-compliance oneself by the Customer from the payment in the time which is being talked about in § 5 sec. 3 of Regulations, the Seller sets the additional time to make payment for the Customer and is informing the Customer of it on the durable medium. Information about the additional time to do making payment also contains information, that after the fruitless passage of this date, the Seller will withdraw from the contract of sale. In case of the fruitless passage of the second time to make payment, the Seller will send the statement on the withdrawal from the agreement on the durable medium to the Customer pursuant to Art. 491 of civil code.

§ 6 delivery

1. the seller is carrying the Delivery out in the Republic of Poland.

2. the seller is obliged to deliver Goods being an object of the agreement to the sale spotless.

3. the seller is placing the Shop on the website information about the number of the working days needed for the Delivery and the completion of an order.

4. date of delivery and shown the completion of an order on the website of Shop is being counted on working days according to § 5 sec. 2 of Regulations.

5. ordered Goods are being provided the Customer by the Supplier to the address indicated in an order form.

In case of choice InPost Paczkomaty Sp. z o.o. with registered office in Cracow as Suppliers, an address will be an address of the Delivery paczkomatu of folding chosen by the Customer in the moment an order.

6.On the day of dispatch gooding to the Customer information confirming sending the letter by the Seller is being passed on to the e-mail address of the Customer.

7. The customer should examine the delivered parcel of the kind in the time and in the adopted way by parcels given, in the presence of the employee of the Supplier. In case of stating loss or damaging the parcel the Customer has the right to demand the protocol typical of the Supplier of making a list from the employee.

8. The seller, according to the will of the Customer, is joining Supplies to the dispatch being an object the receipt or the VAT invoice including goods in transit.

9.In case of absence of the Customer at the address indicated by him, given at placing an order as the address of the Delivery, the employee will leave the patrol vessel to the Supplier or will make an attempt of the phone contact in order to establish a date, in which the Customer will be present. In case of manoeuvrable sending of ordered Goods to the online shop by the Supplier, the Seller will get in touch with the Customer via e-mail or over the phone, setting the date and delivery charges again with the Customer.

§ 7 Statutory warranty

1. The seller provides the delivery of goods deprived of physical defects and legal. The seller is responsible towards the Customer, if Goods have a physical defect or legal (statutory warranty).

2. If Goods have a defect, the Customer can:

submit

a) the declaring about the price cut or withdrawing from an agreement of sale, unless the Seller immediately and without exaggerated inconveniences for the Customer will replace efective Goods on free from defects or else will remove the defect.

This restriction isn't applicable, if Goods were already replaced or repaired by the seller or the seller didn't content for duty of the replacement of Goods on free from defects or removing defects. The customer can instead of removing suggested by the Seller the defect demand the replacement of Goods on free from defects or instead of the replacement of Goods to demand removing the defect, unless leading the thing to the compliance with the agreement in the way chosen by the Customer is impossible or would require excessive costs in comparing with the proposed way by the Seller. At the evaluation of the redundancy of costs a value of Goods free from defects, a kind and meaning of the discovered defect are considered, as well as up to the attention inconveniences other way of satisfying would expose the Customer to which are being taken.

b) Demand the replacement of efective Goods free from defects or removing the defect. The seller is obliged to replace efective Goods on free from defects or to remove the defect in the sensible time without exaggerated inconveniences for the Customer.

The seller can refuse to satisfy demanding the Customer, if leading to the compliance with the agreement the sale of efective Goods in the way chosen by the Customer is impossible or compared with the second possible means of leading to the compliance with the agreement the sale would require excessive costs. A Seller is incurring costs of repair or replacement.

3. The customer which is carrying guarantee rights out, is obliged to deliver the efective thing to the address to the Seller. In case of the Customer being a Consumer a Seller is covering delivering expenses.

4. The seller is answering on account of the statutory warranty, if the physical defect is stated by the end of two years from giving Goods to the Customer. Claim for removing the defect or the exchange of Goods on free from defects he is expiring after the year, but this date cannot end prior to the deadline determined in the first sentence. In this time the Customer can withdraw from the contract of sale or make a statement about the price cut because of the defect in Goods. If the Customer demanded the replacement of Goods on free from defects or removing the defect, the date for withdrawing from an agreement about the price cut is beginning the sale or making a statement oneself with the moment of the fruitless end of the term to the exchange of Goods or removing the defect.

5. All customer complaints associated with Goods or the realization of the contract of sale, Customer can point in writing to the address for the Seller.

6. Seller within 14 days of the day of a request containing the customer complaint, will take a stance on the customer complaint of Goods or the customer complaint associated with the completion of a contract of sale reported by the Customer.

7. The customer can make a complaint for the Seller in relation to using free services provided via e-mail by the Seller. The customer complaint can be filed in an electronic form and sent to the sklep@suspenders.com.pl address. the Customer should include the description of the existing problem in the complaints application. Seller immediately, but not later than in time 14 days are investigating customer complaints and is answering the Customer.

§ 8 Withdrawal from the agreement of the sale

1. Customer being a Consumer which entered into contract of sale, in time of 14 days can abandon it without stating the cause.

2. The run of the time to do the withdrawal from the agreement of the sale begins with the moment of taking possession of Goods by the Consumer.

The consumer can withdraw from an agreement submitting for the Seller declaring to the sale about the withdrawal. This statement can be submitted for example in writing to the address for the Seller, via the email to the address to the Seller. It is possible to place the statement on the form, of which the formula was placed by the Seller on the website of Shop at the address: Form of the withdrawal. For keeping the date sending declaring before his expiry will be enough.

The consumer can withdraw from the contract of sale, submitting the statement to the Seller about giving via the form made available on the website at the address: Electronic Form of the withdrawal. For keeping the date sending declaring before his expiry will be enough. The seller immediately is confirming for the Consumer receiving the form filed behind the agency of website.

3. in case of the withdrawal from the agreement of the sale, she is regarded nonincluded.

4. if the Consumer made a statement about the withdrawal from the agreement of the sale before the Seller accepted his offer, the offer is stopping tying.

5. The seller has an immediate duty, not later than within 14 days of the date of receiving of the statement of the Consumer on the withdrawal from the agreement of the sale, to return him all payments effected by him, including the cost of the Delivery of Goods to the Consumer. The seller can postpone the return of payments received from the Consumer to the moment of receiving Goods back or delivering by the Customer the receipt of sending Goods back, depending on it, which event will take place earlier.

6. If the Consumer is exercising a right to give a seller a choice other than cheapest way of delivering goods, the usual manner of the Delivery offered by the Seller, the Seller isn't obliged to a return of extra costs for the Consumer incurred by him.

7. The consumer has a duty to return Goods to the Seller immediately, however not later than within 14 days of the day, which withdrew from the contract of sale in. For keeping the date sending back to the Seller Goods to the address prior to this deadline will be enough.

8. In case of the withdrawal the Customer being a Consumer is incurring only direct costs of returnable goods.

9. If on account of their character Goods cannot under the ordinary procedure be sented back by post, the Seller is informing the Consumer of costs of the return of the thing on the website of Shop.

10. The consumer is bearing responsibility for the deterioration of Goods being a result of using it in the way going beyond the way necessary to state character, features and functioning of Goods.

11. The seller is making the return of the payment using the same method of payment a Consumer used which unless the Consumer clearly agreed on other manner of the return which is being associated for it with no costs.

§ 9 free services

1. The seller is providing for Customers, via e-mail free services:

A) contact Form;

B) leading of the Account the Customer.

2. Recommended services in § above 9 sec. 1 are being provided 7 days during the week, twenty-four hours a day.

3. The seller is reserving the option and changes of the kind, forms, the time and the way of granting for himself of access to chosen exchanged services what will inform Customers in the way typical of the amendment to the rules of procedure of.

4. Service the contact Form consists in sending to the message the Shop with the form put on the website to the Seller.

5. Resignation from the free service contact Form, she is possible at any time and consists in ceasing sending queries to the Seller.

6. Service leading the Account of the Customer is available after making the Registration on principles described in Regulations and consists in making the dedicated panel available to the Customer in frames of website of the Shop, enabling data modifications which he gave during the Registration for the Customer, as well as following the state of order processings as well as stories of orders already carried out.

7. The customer which made the Registration can submit a request for removing the Account of the Customer for the Seller, in addition in the case of submitting a request for removing the Account of the Customer by the Seller, perhaps it to be removed up to 14 days from submitting a request.

8. The seller is entitled to the vary off for the Account of the Customer and free services, in case of acting by the Customer to the detriment of the Seller or other Customers, of violating by the Customer provisions of the law or provisions of Regulations, as well as, when blocking the account access of the Customer and free services is justified with security reasons - in particular: with breaking by the Customer securities of a website of the Shop or other action hakerskimi. Blocking the account access of the Customer and free services for exchanged reasons lasts for the period essential to solve the issue constituting the basis of blocking the account access of the Customer and free services. The seller is notifying the Customer about blocking the account access of the Customer and free services via e-mail to the address given by the Customer in the registration form.

§ 10 Protection of personal data

1. With administrator of personal details of Customers passed on to the Seller voluntarily as part of the Registration, of placing a one-time order and in the framework of providing services by the Seller via e-mail or in frames of other circumstances determined in Regulations, there is a Seller.

2. The seller is processing personal details of Customers to the purpose of the order processing, providing services by the Seller via e-mail and other purposes determined in Regulations. Data is being processed exclusively based on provisions of the law or the agreement given by the Customer under effective laws and regulations.

3. The harvest of personal details passed on to the Seller is being reported to the Inspector General for the Protection of Personal Data by the Seller.

4. Voluntarily, with it however the customer is passing his personal details on to the Seller with stipulation that not-giving determined data in the process to the Registration is making impossible the Registration and opening an account of the Customer and is making impossible folding and the completion of an order of the Customer, in case of placing an order without the Registration of the Account of the Customer.

5. Everyone who will pass it personal details on to the Seller, has a mode to their contents and for correcting them.

6. The seller is ensuring the possibility of removing personal details from the conducted harvest, in particular in case of removing the Account of Customer. The seller can refuse to remove personal details, if the Customer didn't make all the payments due towards the Seller or violated effective laws and regulations, and keeping personal details is essential to clarify these circumstances and to establish the responsibility of the Customer.

7. The seller is protecting personal details passed on to him as well as is making every effort in order to safeguard them against the unauthorized access or the application.

8. The seller is passing personal details of the Customer on to the Supplier in the essential scope for the completion of the Delivery.

§ 11 termination of a contract (isn't regarding contracts of sale)

1. Both the Customer, and the Seller can dissolve a contract for the service delivery via e-mail at all times and without stating causes, subject to preserving vested interests by the other party before dissolving a contract mentioned above and of decisions below.

2. The customer which made the Registration is dissolving a contract for the service delivery via e-mail, by sending the appropriate declaration of intent, at using any means of communication from a distance, enabling to read to the Seller for Seller with the declaration of intent of the Customer.

3. The seller is terminating the the service delivery agreement via e-mail by sending the appropriate declaration of intent to the Customer to the given e-mail address by the Customer during the Registration.

§ 12 final provisions

1. the seller is bearing responsibility on account of the non-performance or the undue performance of a contract, but in case of agreements entered into with Customers being Entrepreneurs the Seller is bearing responsibility only in case of deliberate causing the damage and within the limits of indeed incurred losses by the being Customer with Entrepreneur.

2. contents of this Regulations can be strengthened by printing, putting down on the carrier or downloading at any time from a website of Shop.

3. contract of sale on land included in the case of the occurrence of the dispute, side will be aspiring for solving the matter amicably. On land of this Regulations a Polish law is an entitlement typical of settling all disputes incurred.

4. every Customer can take advantage of extrajudicial ways of investigating the customer complaint and pursuing claims. In this respect using by the Customer mediation is possible. Lists of permanent mediators and existing mediatory centres are being handed over and made available by Chairmen of competent circuit courts. The customer being a Consumer can also take advantage of extrajudicial ways of investigating the customer complaint and pursuing claims by filing his complaint via the EU Internet platform of Measleses, available at the address: http://ec.europa.eu/consumers/odr/

5. the seller is reserving the law of the amendment to this Regulations for himself. All orders accepted by the Seller for the accomplishment before the effective date of new Regulations are being fulfilled based on Regulations to which he applied on the day of placing an order by the Customer. The amendment to the rules of procedure is coming into effect within 7 days of the day of publishing the Shop on the website. The seller will inform the Customer for 7 days before the entry into force of new Regulations of the amendment to the rules of procedure with the message sent via e-mail containing the reference of Regulations to the text amended. In the time, when the Customer isn't accepting new contents of Regulations is obliged to notify the Seller about this fact, what results in the termination of a contract pursuant to the provisions § 11 of Regulations.

6. regulations are coming into effect with 25 December 2014