TERMS AND CONDITIONSstantwear.com

 

§1 DEFINITIONS AND CONTACT DETAILS

Terms used in the Terms and Conditions and capitalized  have the following meaning:

  1. Shop - a website system provided and operated at the domain http://www.stantwear.com/ and sub domains through which the Seller sells the Goods through the Internet and provides Electronic services, provided with IT functionality enabling the contract to be concluded with it.

  2. Seller - Hell's Boards Olga Zwierzchowska with headquarters at ul. Czorsztyńska 12 lok. 11 01-410 Warsaw.

  3. User – any natural person with full legal capacity, any natural person with limited legal capacity acting with the prior consent of its statutory representative (e.g. a parent), legal person , an organizational unit that is not a legal person, which the law grants legal capacity, which appropriately purchases or intends to purchase goods from the Store or which uses or intends to use the "My Account" service and services provided by the Seller via the electronic service.

  4. Client – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality and having the capacity to perform acts in law, making a purchase directly related to its business or professional activity.

  5. Consumer – the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.

  6. Customer – both Consumer and Client.

  7. Online Store – an Internet service available at http://www.stantwear.com/ through which the Customer may, in particular, place orders.

  8. Goods - all of movable items (commercial goods) sold by the Seller through the Shop, in the offered scope.

  9. Electronic Service – a service provided electronically by the Seller to the User through the Online Store.

  10. Registration form - a form available in the online store that allows you to create a User Account.

  11. Order – Customer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of the Goods.

  12. Order form – an electronic service, an interactive form available in the online store that allows you to place an order, in particular by adding products to the electronic cart and defining the terms of the sales contract, including the method of delivery and payment.

  13. My Account  / User Account – an individual panel for each User launched on his behalf by the Seller, after the User's registration, under which the Shop provides services for Customers, to facilitate the conclusion of a distance sales contract and contact with the Store, contract settlement, enabling the User to plan purchases and track selected goods.

  14. Electronic cart - an interactive form available on the website http://www.stantwear.com/, used to contact the Store and enable the Customer to submit a purchase order.

  15. Contact details:

    1. in the case of natural persons: name, surname, permanent residence address, correspondence address - if different from the registered address, e-mail address, contact telephone number;

    2. If the service is requested for a business, the contact details of the natural person also include its company and tax identification number (NIP);

    3. in the case of legal persons or an organizational unit that is not a legal person, which the law gives the legal capacity: name, registered office, correspondence address, tax identification number, e-mail address, contact telephone number.

  16. Terms and Conditions – these Terms and Conditions governing the operation of the Shop, available at the address http://www.stantwear.com/.

  17. Delivery – the type of transport service along with the specification of the carrier and the cost mentioned in the delivery price list available at http://www.stantwear.com/.

  18. Delivery time – number of hours or working days needed to complete the delivery.

  19. Working Days – days from Monday to Friday, excluding public holidays falling on these days.

  20. Deliverer – an entity that delivers the Goods.

  21. Sales contract - a contract for the sale of Goods or Services within the meaning of the Civil Code, concluded between the Seller and the Customer.

  22. Commercial information / Newsletter – Information intended, directly or indirectly, to promote sales of goods and services as part of the activities conducted by the Seller.

  23. Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.

  24. Electronic Services Act –Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws of 2013.1422, as amended).

  25. Consumer Rights Act - Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014.827, as amended).

  26. Civil Code - Act of 23 April 1964 Civil Code (Journal of Laws 2016.380, as amended).

  27. Code of good practices – a set of rules of conduct, in particular ethical and professional standards, referred to in Article 2, point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.

§2 GENERAL CONDITTIONS

  1. These Regulations define the rules for using the e-Store available http://www.stantwear.com/ and specify the terms and conditions for the provision of free services provided electronically by the Seller.

  2. These Regulations are addressed both to consumers and to entrepreneurs using the Online Store.

  3. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Web Site, as well as to patterns, forms, logos and photos belong to the Seller, and their use may only take place in a specified manner and in accordance with the Regulations.

  4. The Regulations shall specify in particular:

    1. the rules for registering and using the account as part of the Online Store;

    2. the terms and conditions for submitting orders via the Online Store;

    3. the principles of concluding the Contract for the sale of products using the services provided as part of the Online Store;

    4. technical requirements necessary to cooperate with the ICT system (personal computer, laptop, etc.) used by the Customer;

    5. complaint procedure regarding Electronic services.

  5. Confirmation of essential provisions of the sales contract concluded between the Seller and the Customer, takes place by sending the Customer information to the e-mail address provided, as well as in traditional form by attaching a printout of the contract confirmation to the shipment containing the ordered goods, possible documentation and an invoice issued at the Customer’s request.

  6. The condition of using the services provided by the Online Store is to get acquainted with the description of the service, terms, price list and all provisions of these Regulations available on the Store's website.

  7. The offer presented on the Online Store website, as well as the descriptions of the Goods, constitute only as an invitation to submit an offer, and is not an offer within the meaning of the Civil Code. The binding character - for the purposes of concluding a specific contract - is gained only upon confirmation of the order being accepted by the Seller.

  8. Customers can access these Regulations at any time via the link found on the Online Store's home page http://www.stantwear.com/ and download it and print it out.

§3 TECHNICALREQUIREMENTSAND COOKIES

  1. In order to use the Online Store, the Customer should have access to a computer station or terminal device that has:

    1. Internet access;

    2. a correctly configured web browser;

    3. an active and correctly configured e-mail account.

  2. Online Store allows you to order services using widely available software, in the form of web browsers that accept cookies, e.g.: Mozilla Firefox browser version 3 or newer, Opera version 9 or newer, Chrome version 10 or later, Internet Explorer version 7 or newer and Safari.

  3. Online Store with the prior consent of the Customer, User or their representative, stores on their computer cookies that are necessary: to conclude a distance sales contract, its implementation and provision of the service "My account" and to facilitate the User and the Customer using the Store website by maintaining the session (making it unnecessary to re-enter the password) and to create statistics for subpages.

  4. Files entered by the Store to the Customer’s, Users or their representative computer, do not collect their personal data, do not affect the configuration of the operating system or software and can be removed at any time.

  5. The Service Recipient may at any time delete the placed cookies or block the placement of cookies using the options available in his web browser.

§4 REGISTRATION AND USER ACCOUNT

  1. Registration is not necessary to place an order in the Online Store.

  2. In order to create a User Account, the Customer does a free registration.

  3. Registration takes place by completing the registration form, available in the "Account" section.

  4. In order to register, the Customer should complete the registration form provided by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form.

  5. When filling out the registration form, the Customer has the opportunity to read the Regulations, and accept its content by marking the appropriate field on the form.

  6. Registration in the Online Store, as well as the use of the functionality of the Online Store are free of charge.

  7. When registering, an Account is created in which data and information about the Customer are collected. The provision of services under the Account is for an indefinite period.

  8. After sending the completed registration form, the Customer receives, without delay, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Seller. The contract for the electronic provision of the User Account service is concluded from this moment, and the Customer obtains the possibility of accessing the User Account and making changes provided during the Registration of data, with the exception of the Login.

  9. The "My Account" service starts being provided after the account is activated.

  10. Access to the User's account is secured by an access password. The password is set by the User.

  11. The User may at any time terminate the contract for the provision of the "My Account" service with immediate effect without giving a reason by deleting the account. In order to delete an account, all you have to do is send an e-mail to the address of the Seller with the request to delete it.

  12. The above does not apply to situations in which the Seller is in the process of executing an order placed by the Customer. In this case, the effect of the termination of the contract will take place at the time the order in question is fulfilled.

  13. The Seller may terminate the contract for the provision of the "My Account" service if the User violates the provisions of these Regulations. The termination shall be effected by e-mail sent to the e-mail address indicated by the User in the account settings.

§5 PROCEDURE OF CONCLUSION OF CONTRACT VIA SHOP

  1. Through the Online Store, both Customers registered and have an account on the site, as well as unregistered Customers can make purchases.

  2. Conclusion of the Sale Agreement between the Customer and the Seller takes place after the Buyer has placed an Order using the Order Form in the Online Store.

  3. The Electronic Order Service is provided free of charge by the Seller and is of one-time nature and terminates upon the submission of the Order or upon the earlier cessation of placing the Order by the Customer.

  4. When placing an order, the Customer is obliged to provide correct contact and personal details.

  5. Before concluding the contract, the Customer can check the availability of selected products. Information about availability is included in the description of each product.

  6. In order to place a successful order by the Customer, the following are required:

    1. use of the Order Form;

    2. the choice of the ordered Goods;

    3. the choice of one of the available payment methods;

    4. the choice of one of the available methods of delivery of the Goods;

    5. completion of the Order form to the rest of its scope (delivery address, invoice data, etc.);

    6. confirmations of the Terms and Conditions;

    7. confirmation of the order in accordance with the choice that results in the payment obligation.

  7. During placing the Order until the "I order with the obligation to pay" button is pressed, the Customer has the possibility to modify the entered data and the selection of the Goods.

  8. Each time before sending the order to the Seller, the User is informed of the total price for the selected Goods and Delivery, as well as all additional costs which he is obliged to incur in connection with the conclusion of the sales contract.

  9. Placing an order by the Customer means submitting to the Seller an offer to conclude a contract for the purchase (purchase) of the ordered goods by the Customer.

  10. After placing the order, an electronic confirmation of receipt by the Seller of the order will be sent to the e-mail address provided by the Customer together with a summary.

  11. The summary of the placed Order will contain information regarding:

    1. store data including the exact mailing address, e-mail address and telephone number;

    2. the unit and total price of all products;

    3. order price = total price of ordered Goods + contract performance costs (including payment and delivery);

    4. the form of delivery – Including the Delivery Time during which the delivery will take place and if there are any restrictions on the delivery, e.g. weight or location;

    5. payment method;

    6. information about the right to withdraw from the contract without giving a reason within 14 days;

    7. information about the right to warranty.

  12. The sales contract is concluded in Polish.

  13. The Customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.

§6 PRICING AND PAYMENT METHODS

  1. Prices stated in the Shop are prices expressed in Polish zloty and euro and include the amount of goods and services tax. Prices do not include the cost of delivery of the Goods.

  2. The total cost to pay for the order for purchases made in the Shop consists of the sum of the price of the Goods ordered, the cost of delivery of the Goods (the chosen method of delivery), the cost of the method of payment (if applicable). All payments of which the total cost of payment consists are indicated in the Shop, in particular in the Goods ordering procedure.

  3. Payments of Customers for Goods purchased in the Shop are available:

    1. by cash payment at delivery (on collection);

    2. in the form of a traditional transfer;

    3. through the payment methods available under PayPal;

    4. by credit card - after confirming the order and selecting payment by credit card, the Buyer will be transferred to the secure payment card authorization system, where filling out the form, the card will be charged with the amount due;

    5. by means of payment methods used in payment services provided on the Internet available at the Shop, in particular through payment methods offered by the Payments Service Provider, if made available through the Shop.

§7 DELIVERY AND EXECUTION

  1. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.

  2. Orders are processed on Working Days.

  3. Orders placed on non-working days are treated as made on the first working day following the day of placing the order.

  4. The estimated Goods Delivery Time is mentioned on its product page available on http://www.stantwear.com/ or after contacting with the Seller.

  5. The cost of shipping shall be covered by the Customer in accordance with the price list published on the seller's website at http://www.stantwear.com/.

  6. In certain cases, the delivery cost of ordered Goods may be covered in whole or in part by the Seller.

  7. The delivery of purchased Goods is done by sending them using the selected Delivery option, to the Customers address provided in the order form.

  8. Personal collection is possible.

  9. The seller is responsible for the risk of accidental loss or damage to the product until the consumer receives it.

  10. In the event of an unjustified refusal to collect the parcel by the Customer who is a Consumer and does not use the option of withdrawing from the contract within 14 days from the date of refusal to collect the parcel, the Seller has the right to charge the Customer for shipping and return to the Seller. If an unjustified refusal to accept the shipment is made by an entity that is not a Consumer, the Seller may charge it in each case for the cost of the shipment.

§8 COMPLAINTS

  1. The seller based on art. 558§1 of the Civil Code completely excludes liability towards customers due to physical and legal defects (warranty).

  2. In the event of defects or non-compliance of the Goods with the offer, the Consumer has the right to complain about the Goods by notifying the Seller and submitting a declaration of intent in any form, in particular:

    1. in writing to the following address: Hell's Boards Olga Zwierzchowskaul. Czorsztyńska 12/11, 01-410 Warsaw;

    2. via telephone at +48 696 761 704;

    3. by email to the e-mail address: sklep@stantwear.com.

  3. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.

  4. A complaint should contain the following data:

    1. first and last name;

    2. mailing address, as well as e-mail address and telephone number;

    3. the subject of the complaint;

    4. the reason for the complaint;

    5. claim to investigate the complaint;

    6. signature (handwritten signature in the case of a complaint filed by post).

  5. In the case of a contract with a Customer, if a physical defect was found within one year of the delivery of the item, it is assumed that it existed at the time the danger passed on to the Consumer.

  6. The Customer, if the item sold has a defect, may:

    1. make a statement about the demand to lower the price;

    2. submit a statement of withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the consumer exchanges the defective product for a defect-free one or removes the defect.

  7. Customer, instead of the defect proposed by the Seller, demand replacement of the item for free from defects, or instead of replacing, demand removal of the defect, unless bringing Goods to compliance with the contract in a manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller, while the cost of Goods free of defects is taken into account when assessing the cost overruns, the nature and significance of the defect found, and the inconvenience to which the Customer would otherwise expose them.

  8. The consumer cannot withdraw from the contract if the defect is irrelevant.

  9. The Customer, if the item sold has a defect, may also:

    1. demand the exchange of Goods for something free from defects;

    2. request removal of the defect.

  10. The Seller is obliged to replace the defective item with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer.

  11. The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective item into conformity with the contract in a manner chosen by the buyer or would require excessive costs compared to the second possible way to bring it into compliance with the contract.

  12. The Customer who executes the rights under the warranty is obliged to provide the defective item at the expense of the Seller to the address of the complaint, and if due to the type of product or the method of its installation, delivery of Goods by the Consumer would be excessively difficult.

  13. The Customer is obliged to provide the item to the Seller in the place where the item is located. In the event of non-performance of the obligation by the Seller, the Customer is entitled to send back the items at the expense and risk of the Seller.

  14. The costs of replacement or repair shall be borne by the Seller.

  15. The Seller is obliged to accept from the Customer a defective item in the event of replacing the item for free from defects or withdrawal from the contract.

  16. The Seller will respond to the Customer's demands within fourteen days. Otherwise, it is considered that he considered the Customer's statement or demand justified.

  17. The Seller is liable under the warranty if the physical defect is found before the expiration of two years from the date of delivery of the item to the Customer, and if the object of sale is used before the expiry of one year to the Customer.

  18. If, due to a defect of Goods, the Customer has made a declaration of withdrawal from the contract or a price reduction, he may demand compensation for the damage suffered because he entered into a contract without knowing the defect, even if the damage was due to circumstances for which the Seller is not liable, in particular, he may demand reimbursement of the costs of concluding the contract, costs of collecting, transporting, storing and insuring the Goods, reimbursement of the expenses incurred to the extent that it did not benefit them, and did not receive reimbursement from the third party and reimbursement of the process costs. This does not prejudice the provisions on the obligation to repair damage on general principles.

  19. The Customer also has the option of using out-of-court complaint and claim handling methods such as: Mediation at provincial inspectorates of the Trade Inspection, Permanent Consumer Amicable Courts, Consumer Ombudsman, Non-governmental Organizations.

  20. Detailed information on the possibility of the Customer being a Consumer from out-of-court ways of recognizing a complaint and seeking their claims and rules for access to amicable dispute resolution procedures are available at the offices and on the websites of consumer ombudsmen, social organizations, whose statutory tasks should be Consumer protection, Provincial Inspectorates of Trade Inspection, as well as the Office for Competition and Consumer Protection with its registered office in Warsaw.

  21. If the Customer is a Consumer, all disputes arising from the Store's rules or sales contracts may also be resolved by the online platform http://ec.europa.eu/consumers/odr/.



§9 GUARANTEES

  1. Warranty claims are considered in accordance with the terms of the warranty, if it has been granted for the given Product.

  2. The warranty rights and entitlements due to the Consumer from the Seller under the warranty are independent from each other.

§10 RIGHT OF WITHDRAWAL

  1. The right to withdraw from a distance contract is not entitled to the Consumer, among others in relation to contracts the subject of which is a non-prefabricated product, manufactured according to the Consumer's specification or serving to satisfy his individual needs.

  2. The right to withdraw from a distance contract is also not payable to the Consumer in relation to contracts for the provision of services, if the Seller has fully performed the service with the express consent of the consumer who was informed before the provision that he will lose the right to withdraw from the contract after the performance of the service.

  3. Subject to § 10 point 1 to 2 of these Regulations, the Customer who concluded a Distance Selling Agreement may, within 14 days, withdraw from it without giving a reason.

  4. In the event of withdrawal from a distance contract, the contract is considered null and void. What the parties have exchanged is returned unchanged.

  5. The deadline to withdraw from the Sales Agreement expires after 14 days from the date on which the Customer came into possession of the Good or from the date of receipt by the Consumer of the last part of the order - if the order is realized in parts.

  6. To meet the deadline, it is enough to notify the Seller in verbal, written or otherwise chosen by the Customer about submitting a statement of withdrawal before the time expires.

  7. If the Customer uses the option of informing the Seller about the withdrawal from the Sales Agreement via e-mail or other electronic communication, the Seller will immediately send to the Customer confirmation of receipt of information about the withdrawal from the Sales Agreement on a durable medium (for example by e-mail).

  8. No later than within 14 days from the day of submitting the declaration of withdrawal from the contract or along with this statement, the Customer delivers or sends the purchased goods to the Shop's address in an unchanged condition, unless the change was necessary within the normal management.

  9. The Customer is only responsible for the direct costs of sending the goods back to the Store.

  10. If the returned goods are incomplete or bear traces of use, going beyond the ordinary use of the goods, the consumer is liable for a decrease in the value of the goods.

  11. The Seller shall immediately, no later than within 14 days from the date of receipt of the Customer's statement of withdrawal, return the payment using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agreed otherwise; in any case, the Customer will not incur any fees due to the return.

  12. Within 14 days from the date of receipt by the Seller of the Customer's statement of withdrawal from the contract, the Seller is obliged to return to the Customer all payments made by him, including the costs of delivering the item. The above does not apply to the cost of sending the goods back to the Store.

  13. If the Seller has not offered to collect the item from the Customer, he may withhold the refund of payments received from the Customer until he receives the items back or the Customer provides proof of return, depending on which event occurs first.

  14. If the Customer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to reimburse the Customer for additional costs incurred by him.

  15. If the contract was concluded outside the business premises and the item was delivered to the Customer to the place where he resided at the time of conclusion of the contract, the seller is obliged to collect the goods at his own cost, if due to the nature of the item, it cannot be sent in the usual way by post.

  16. The right to withdraw from the contract is not payable if the Seller provides:

    1. non-prefabricated items, manufactured according to the specifications presented by the consumer or intended to satisfy his individual needs;

    2. in which the subject of the service is an item delivered in a sealed package, which after opening the packaging cannot be returned due to health or hygiene reasons, if the packaging has been opened after delivery;

    3. in which the object of the benefits are things that after delivery, due to their character, are inseparably connected with other things.

§11 ELECTRONIC SERVICES

  1. The Seller provides free of charge Electronic Services to the Customer/User, such as: Form, Newsletter, User Account Maintenance.

  2. Services are provided 7 days a week, 24 hours a day.

  3. The Newsletter service can be used by every User who enters his e-mail address using a registration form made available by the Seller on the Shop Website. After sending the completed registration form, the User receives immediately an e-mail, to the e-mail address provided in the registration form, confirming by the Seller activation of the Newsletter. At that moment, an agreement for the provision of the Newsletter service by electronic means is concluded.

  4. Each Newsletter contains information about the possibility and method of withdrawing from the free Newsletter service.

  5. The User may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each e-mail sent as part of the Newsletter service or by activating the relevant field in the User's Account.

§12 PRIVACY POLICY

  1. The administrator of personal data provided by the User/Customer to the Seller on a voluntary basis as part of the Registration, placing a one-off order and as part of the Seller's provision of services electronically or under other circumstances specified in the Regulations is the Seller.

  2. The Seller processes the personal data of Buyers in order to fulfill orders, provide by the Seller services electronically and other purposes specified in the Regulations. The data is processed only on the basis of legal provisions or consent expressed by the User/Customer in accordance with applicable law.

  3. The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use.

  4. The Seller provides personal data of the Customer to the Deliverer to the extent necessary to perform the Delivery.

  5. Anyone who provides their personal data to the Seller has the right to access their content and to correct it.

  6. The Customers have the right to access their personal data, correct them, demand to stop processing them, object to their processing and remove them.

  7. Consent to data processing may be withdrawn at any time by submitting an appropriate statement to the Seller on a durable medium. The statement may be sent, for example, to the Seller's address via e-mail.

  8. In order to access or correct processed personal data, you must send such a request to the Seller at the following address: Hell's Boards Olga Zwierzchowska ul. Czorsztyńska 12/11, 01-410 Warsaw, as well as by e-mail to the following e-mail address: sklep@stantwear.com.

§13  CUSTOMERS OBLIGATIONS AND PROTECTION OF THE INTELLECTUAL PROPERTY

  1. The Customer is obliged in particular to:

    1. use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices;

    2. refrain from taking actions such as sending unsolicited commercial information (spam) to the Online Store;

    3. use the Online Store in a way that is not inconvenient for other Customers, Users and for the Seller;

    4. use all content contained in the Online Store only for personal use;

    5. use the Online Store in accordance with the provisions of Polish law, the provisions of the Regulations and the general rules of using the Internet.

  2. It is forbidden to use any materials (including photos and descriptions of the Good) published on http://www.stantwear.com/ and other sub domains without the Seller's written permission.