Online Shop available at the Internet address http://www.wannashoe.com is run by company under the name of 36CUSTOM.COM entered in the Central Registration and Information on Economic Activity in Poland led by the minister responsible for the economy, with NIP 5271027060, ID 142000270, e-mail: firstname.lastname@example.org.
These Regulations address both consumers and businesses that use the online shop (except point. 9 of the Rules, which is addressed only to entrepreneurs). The provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law - any possible doubt explains in favor of the consumer. In the case of non-compliance of the provisions of these Regulations to the above provisions, priority is given to those provisions.
WORKING DAY - one day from Monday to Friday excluding public holidays.
REGISTRATION FORM - form available in the online store that allows the creation of Account.
ORDER FORM - Electronic Service, an interactive form available in the online store that allows the submission of orders, in particular by adding Products to the electronic shopping cart and determining conditions in Purchase Agreement, including the method of delivery and payment.
CLIENT – an individual with full legal capacity, and in the cases provided for by the rules generally applicable as individual with limited legal capacity; legal person or entity without legal personality, which the law recognizes the legal capacity, which has or intends to enter into a Purchase Agreement with the Seller.
CIVIL CODE - Civil Code Act of 23 April 1964. (Journal of Laws No. 16, pos. 93, as amended.).
ORDER CONFIGURATOR - the type of the Order Form that allows the customer to upload own photos or type text to be printed on the Product and set their location on the Product.
ACCOUNT - Electronic Service, identified by its individual name (login) and password given by the Client collection of information in the IT system of the Service Provider, in which service recipient data are collected including orders information.
NEWSLETTER - Electronic Service, electronic information distribution services provided by the Service Provider by e-mail, which allows all recipients to receive the next edition of the newsletter content that contains information about products and new items in the Online Shop.
COPYRIGHT - the Law on Copyright and Related Rights of February 4, 1994. (Dz. U. No. 24, pos. 83, as amended.).
PRODUCT - available in the Online Shop physical product being subject of the Sale Agreement between the Customer and the Seller.
RULES – these terms and conditions of the Shop.
SHOP - Online Store of the Service Provider available at: http://www.wannashoe.com.
SELLER / SERVICE PROVIDER - DARIUSZ KORZUN representing company under the name of 36CUSTOM.COM entered in the Central Registration and Information on Economic Activity in Poland led by the minister responsible for economic affairs, NIP 5271027060, ID 142000270, e-mail: email@example.com.
SALE AGREEMENT - Product sales contract concluded or entered between the Customer and the Seller through the online store.
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Client through the online store.
RECIPIENT OF THE SERVICE – an individual with full legal capacity, and in the cases provided by the rules generally applicable as an individual with limited legal capacity; legal person or entity without legal personality, which the law recognizes the legal capacity, using or intends to use the Electronic Services.
ORDER - the Customer's Intent confirmation leading to finalizing the Product Purchasing Agreement between the Customer and Seller, submitted via Order Form.
ELECTRONIC SERVICES IN THE ONLINE STORE
The online store offers the following Online Services: Account, Order Form and Newsletter.
Account - the use of the Account is possible after meeting two consecutive steps - (1) completing the Registration Form, and (2) clicking the "Sign Up" button. The Registration Form is necessary to provide the following information Recipients: name, e-mail address and password.
Order Form – the use the Order Form starts with adding first Product to the electronic shopping cart in the Online Shop. Placing an Order occurs after fulfilling two consecutive steps - (1) after completing the Order Form, and (2) clicking the "confirm order" - to this point it is possible to independently modify the input data (to do this, follow the prompts and information available on the Online Store page). The Order Form is necessary to provide the following information: name / company name, address (street, house / apartment, zip code, city, country), email address, contact telephone number, product / s, the amount of the Product / s, Product size / s, the color of the Product / s, place and method of delivery, payment method. When using the Order Configurator customer can upload own pictures and type text to be printed on the Product, and determine its size and location on the Product.
Newsletter - the use of Store Account is possible after meeting all of the following three steps - (1) entering e-mail address in the Newsletter section on the Online Store site, to which the Newsletter shall be sent, (2) clicking the graphic button "> "and (3) confirming that you want to sign up for our newsletter by clicking the confirmation link sent to the specified email address. Customer can also sing up for the Newsletter by checking the appropriate checkbox while setting up account - with the creation of Client Accounts customer is added to the recipients of our newsletter.
Using Electronic Services by the Client is free.
Account and Newsletter services in the Online Shop are provided for an indefinite period.
Using the Order Form is a one-off and is terminated at the time of placing the Order through it.
The technical requirements necessary to be able to use the platform of Service Provider:
Computer, laptop, or other multimedia device with Internet access.
Access to e-mail.
Web Browser: Mozilla Firefox 11.0 or higher or Internet Explorer 7.0 and above, Opera 7.0 and above, Google Chrome, version 12.0.0 and higher.
Recommended screen resolution: 1024x768.
The Client is obliged to use the online shop in a manner consistent with the law and morality whereas respect for personal rights and copyrights and intellectual property rights of third parties. The copyright for graphics and photos available in the store, not coming from the Client, belong to the Service Provider or other authorized third parties and are protected by Copyright. The transfer of ownership of the Product does not mean transfer of the copyright to graphics and images available in the online store.
The Client is obliged to enter data consistent with the facts.
Provision of illegal content by the Client is prohibited.
TERMS OF SALE AGREEMENT
Advertisements, price lists and other information on products quoted on the website of the online store, and in particular their descriptions, technical and performance characteristics and price, are an invitation to contract, within the meaning of Art. 71 of the Civil Code.
Product price shown on the Online Shop is given in the currency selected by the customer (Euro or US Dollar), and includes all the components, including VAT. Currency selection can be made by clicking the appropriate currency symbol in the top bar on the online store. However, prices do not include any costs of delivery and payments, which are indicated when submitting orders.
Product price shown on the Online Shop is binding at the time of the Customer Order placement. This price will not change regardless of the price changes in the Online Shop that may arise in relation to particular products on the Customer Order.
Conclusion of the Sale Agreement via Order Form
In order to conclude the Sale Agreement, it is necessary to submit the order by the Customer.
After the Order has been placed, Seller immediately confirms it, which results with bounding the Client by the Order and means that the Order has been accepted for execution. Confirmation of Order and its acceptance for execution happens by sending an appropriate message to the e-mail address specified by Client when placing order. The message includes at least a confirmation of all the essential elements of the Contract, Sellers confirmation of receiving the order and its acceptance for execution. Upon delivery of the above e-mail,the Sales Agreement is concluded between the Client and the Seller.
Consolidation, security and access to content of Customer Purchase Agreement shall be concluded by (1) the provision of these Terms and Conditions at the Online Store, (2) sending Confirmation email to the Customer an e-mail address, referring to point. 3.4.2., And by (3) attaching to the shipment proof of purchase and specifications of the Sales Agreement. The content of the Sale Agreement is further perpetuated and secured in the Online Shop data.
Seller provides the following methods of payment:
Payment by wire transfer to the bank account of the Seller.
Seller provides the following methods of Product delivery:
DPD or UPS courier package
Personal collection at ul. Ratuszowa 11, 03-450 Warsaw - Business Days from 11:00 to 18:00.
Any possible costs of delivery are indicated when submitting order. They depend on the chosen by the customer delivery and payment method. Delivery costs are also indicated on the online shop in the "Shipping" tab.
Product delivery date to the customer is up to 12 workdays, unless in the description of the Product or when placing orders shorter term was given. This term can be calculated in the following way:
If you choose the payment method by the wire transfer, electronic payment or credit card - from the day when the payment was confirmed.
ELECTRONIC SERVICE AGREEMENT TERMINATION
The Service Provider and Client may terminate the contract for Electronic Services at any time by mutual agreement.
Termination of the agreement for the provision of Electronic Services:
Terminated may be the contract for the provision of perpetual Electronic services of continuous nature (e.g. Account).
The Client may terminate the agreement for the provision of Electronic Services without specifying the reason by sending an appropriate statement in particular via e-mail to the following address: firstname.lastname@example.org or in writing to the following address: Wannashoe.com ul. Ratuszowa 11,03-450 Warsaw. The agreement in this case expires after 7 days from the date of receipt of a declaration of termination intent (notice period), unless the parties agree a shorter notice.
For Clients who are also consumers, the Service Provider may terminate the agreement for the provision of Electronic Services, if the Client objectively grossly or persistently violates the Rules, in particular when providing content that is unlawful. That may happen after an unsuccessful call at least once to stop or remove the violations by the certain deadline. Violation of the Rules must be objective and unlawful. In this case the contract for the provision of Electronic services expires after 14 days from the date of declaring by the Service Provider to the Client intent of its termination (notice period).
For Clients who are not at the same time consumers Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without specifying reasons by sending Client appropriate statement.
Complaints for Product non-compliance with the Sale Agreement:
Basis and extent of Seller's liability to the Customer (an individual) who purchases the product for purposes unrelated to the of a professional or commercial activities, for Product non-compliance with the Sales Agreement are defined, in particular by the Act on special terms of consumer sales and amending the Civil Code of July 27, 2002 r. (Journal of Laws No. 141, item. 1176, as amended.).
7.1.2. Notice of Product non-compliance with the Purchase Agreement and relevant request can be sent in particular via e-mail to the following address: email@example.com or in writing to the following address: Wannashoe.com ul. Ratuszowa 11, 03-450 Warsaw. When it is possible and necessary for the evaluation of non-compliance with the agreement of the Product sale the Product itself must also be delivered to the above address.
Seller will address customer requests promptly, not later than within 14 days. Response to the complaint shall be sent to the address provided by the Customer, unless the customer specifies a different way.
In the case of products covered by the warranty Seller informs that the warranty on consumer goods sold does not exclude, limit or suspend the rights of the buyer arising from the non-conformity of the goods with the agreement.
Complaints related to the provision of electronic services by the Service and other complaints related to the operation of the Online Shop:
Complaints related to the provision of electronic services through the online store and other complaints related to the operation of the Online Store Customer may submit, in particular, by e-mail to the following address: firstname.lastname@example.org or in writing to the following address: Wannashoe.com ul. Ratuszowa 11, 03-450 Warsaw.
It is recommended to provide a description of the complaint as much information and facts concerning the subject of the complaint, in particular the type and date of irregularities and contact information - this will facilitate and expedite the processing of your complaint by the Service Provider.
Consideration of the complaint by the Service Provider shall happen immediately, not later than within 14 days.
Service Provider responds to the complaint by sending answer to the address given by the Client, unless the Client specifies a different way.
RIGHT OF WITHDRAWAL
The Client / Client who is also a consumer who concluded at a distance, may withdraw from it without giving reasons, making a statement in writing before within two days. To comply with this deadline, you must send a statement before its expiry. The statement, in particular, can be sent via email to the following address: email@example.com or in writing to the following address: Wannashoe.com ul. Ratuszowa 11, 03-450 Warsaw, Poland.
In case of withdrawal, the contract is considered unmade, and the consumer is released from any obligations. What the parties rendered shall be returned unchanged, unless the change was necessary in the ordinary course of business. Reimbursement shall be made immediately, not later than within fourteen days. If the consumer has made any advance payments, legal interest will be paid from the date of prepayment.
The service provider / seller shall refund to the consumer the designated bank account number, unless they indicate otherwise.
Deadline for two days, during which the consumer may cancel the contract, shall be counted from the date of signing Purchase Agreement.
Right to withdraw from a distance contract is not entitled to the consumer in the cases: (1) the provision of services commenced, with the consent of the consumer, before the expiry of the period referred to above in paragraph 8.1 and 8.4; (2) for the audio and video recordings, and recordings on data carriers after the removal of their original packaging by the consumer; (3) contracts for services for which the price or remuneration depends solely on the financial market prices; (4) services of the properties specified by the consumer in his order, or closely associated with his person; (5) goods, which by their nature can not be returned or whose subject is perishable; (6) providing a press; (7) services in the field of gambling.
PROVISIONS FOR ENTREPRENEURS
This section of the Rules and the provisions contained herein apply only to customers who are not consumers.
For customers who are not at the same time consumers Seller has the right to restrict the available methods of payment, including the need to prepay in whole or in part, regardless of the method of payment chosen by the Customer in the Order Form and the fact of the Sale Agreement.
The customer who is not a consumer is required to perform its obligations under the Purchase Agreement (ie. In particular, and the receipt of payment of the price of the Product) immediately, not later than 3 days from the date of its conclusion, unless the Purchase Agreement provides otherwise.
Products which are subject of the Sale Agreement concluded with the Client which is not a consumer remain the property of the Seller till the moment of payment the price and delivery costs under the Contract of Sale.
With the passing the Product to the carrier by the Seller, the benefits and burdens associated with the item and the risk of accidental loss or damage to property are transferred to the Customer, who is not consumer. In this case, the seller shall not be liable for any loss, loss or damage arising from the adoption of the Product to carry it until its delivery to the Client and for delay in the carriage of the shipment.
In case of delivering the Product to the Customer via the carrier customer who is not a consumer is required to investigate the consignment in time and in a manner acceptable to the shipments of this kind. If findings appear that during transport there is a loss of or damage to the Product, customer is obliged to make all actions necessary to establish the liability of the carrier.
In accordance with Art. 558 § 1 of the Code of Civil Seller's liability under the warranty to the Customer being not consumer does not apply.
Providers / Vendors Responsibility in relation to the Client / Customer being not consumer, regardless of its legal basis is limited - both within a single claim, as well as for any claims in total - up to the price paid and the cost of delivery in respect of the Sale Agreement . The service provider / seller is liable in relation to the Client / Customer being not consumer only for typical damage foreseeable at the time of conclusion of the contract and shall not be liable for lost profits in relation to the Client / Customer being not consumer.
Contracts entered via Online Shop are concluded in accordance with the Polish law.
Changing the Rules:
Service Provider reserves the right to make amendments to the Rules of the important reasons like: changes to the law; changes in supply and payment methods, changes in the scope of payment or form of Electronic Services - the extent to which these changes affect the realization of the provisions of these Regulations.
The revised regulation apply to the Service, if preserved requirements laid down in Art. 384 of the Civil Code, were met ie. Client has been properly notified of the changes and the Client does not terminate the agreement for the provision of Electronic Services in a continuous period of 14 days from the date of notification.
Amendments to the Regulations will in no way affect the acquired rights of Clients being consumers and users of the Internet Store before the entry into force of the amendments, in particular changes to the Regulations will have no impact on the already submitted or pending orders and concluded, implemented or executed Purchase Agreements.
In case if the change of Terms and Conditions resulted with any new costs or increase existing Client who is a consumer has the right to withdraw from the contract.
Copyright and intellectual property rights to the online store as a whole and graphics, songs, patterns and characters available in this framework are owned by Service Provider or other third parties and are protected with Copyright and other provisions of applicable law
In matters not covered by these Terms and Conditions following regulations are applied: the Civil Code; Act on electronic services of 18 July 2002. (Journal of Laws No. 144, item. 1204, as amended.); Law on the protection of consumer rights and liability for damage caused by a dangerous product of 2 March 2000. (Journal of Laws No. 22, item. 271, as amended.); Act on the specific terms of consumer sales and amending the Civil Code of 27 July 2002. (Journal of Laws No. 141, item. 1176, as amended.), And other relevant provisions of Polish law.
Disputes arising between the Service Provider / Vendor, and the Service recipient / Customer who is also a consumer shall be subjected to the courts of common. Disputes arising between the Service Provider / Vendor, and the Service / Customer being not consumer are being subjected to the court with jurisdiction over the registered office of the Service Provider / Seller.