1. Mateusz Węckewski is the owner of www.eaglepolewear.pl (hereinafter referred to as “Online Store” or „Store”) with an economic activity under the company Mateusz Węclewski with its registered office at Reymonta 4 ST, 62-500 Konin, Tax ID: 665 278 19 95, REGON: 302072537, listed in Central Register and Information on Business.
2. These Terms of Service are addressed to all users and they define the rules of registration and use of an Individual Account, sale of products by means of the Online Store and they establish the Terms and Conditions of providing free-of-charge electronically supplied services.
3. The client is able to contact the Shop at email@example.com or by phone (+48 798 699 850) from Monday to Friday 8AM– 4PM CET.
4. The Personal Data Controller is Mateusz Węclewski with an economic activity under the company Mateusz Węclewski with its registered office at Reymonta 4 ST, 62-500 Konin, Tax ID: 665 278 19 95, REGON: 302072537, listed in Central Register and Information on Business.
§ 1 Definitions
Client – the party who is a user of the Online Store, for which electronic services may be provided, pursuant to the Rules of Procedure and legislation.
Civil Code – the Act of 23 April 1964 (Polish Journal of Laws, Dz.U..121, consolidated text, as amended).
Consumer – consumer shall mean any natural person who buys a product for purposes that do not fall within the sphere of his commercial or professional activity.
Individual Account – a panel that is assigned to the Customer individually after the data has been registered identified by the email address and password provided by the Customer in the Seller’s IT system, which allows the Customer to use additional functionalities on the Store’s website.
Enterprise – means a natural person, a legal person or an organizational entity other than a legal person, the law of which confers legal capacity, carrying on a business or professional activity in its own name and carrying out a legal activity directly related to its business or professional activity.
Terms of Service – applies to this Regulation.
Seller – Mateusz Węclewski with an economic activity under the company Mateusz Węclewski with its registered office at Reymonta 4 ST, 62-500 Konin, Tax ID: 665 278 19 95, REGON: 302072537, listed in Central Register and Information on Business.
Goods – means a product that is presented by the Seller at each time in an Online Store for sale.
Contact information – the information, by means of which the Customer is able to contact the Online Store: via email: firstname.lastname@example.org or via phone (+48 798 699 850) from Monday to Friday 8AM– 4PM CET excluding holidays.
Sales Agreement – a sales contract between The Seller and the Customer, the terms and conditions of which are specifically set out in these Terms and conditions. The Sales contract is concluded by means of distance communication, upon acceptance of The Order by Seller in accordance with the terms and conditions set forth in these Terms and Conditions.
Newsletter – it means an information bulletin about the news and promotions in the Online Store, to subscribe to which the customer agrees by providing their email address in the Newsletter field, or by selecting the check box when registering the account.
§ 2 General terms and conditions of use
1. Each Client may access these Terms and Conditions at any time by accessing the "Terms and Conditions" link located in the footer of the Online Store.
2. The Information on Goods contained in the Online Store, such as photographs, descriptions, prices, is an invitation to enter into a sales contract within the meaning of Article 71 of the Polish Civil Code in accordance with the Terms and Conditions.
3. The photos and descriptions of the products offered are used to present the product models specifically indicated on them.
4. The minimum technical requirements necessary to work with the Seller’s it system, including the conclusion of a Sales and other Electronic Service Agreement, are: (1) a computer, laptop or other media device with Internet access; (2) email access and a valid email address; (3) Web browser: Mozilla Firefox at minimum 17.0 or Internet Explorer at least 10.0, Opera at minimum 12.0, Google Chrome at minimum 23.0, Safari at minimum 5.0, (4) the recommended minimum screen resolution is 1024x768.
5. It is not acceptable to:
a. use the Online Store to conduct an activity that would violate the interests of the owner of the Online Store, in a manner that is unlawful, illegal, and abusive, or that violates the personal property of third parties,
b. provide illegal content to the Store,
c. use the Store in such a way as to interfere with the Store's operation or take any other action to obtain information not intended for the Client, including other Consumers' data,
d. send or place unsolicited commercial information (spam) in the Online Store, and
e. use the Store content for any other purpose than captive use.
§ 3 The terms of placing the Order and concluding the Sales Agreement
1. Seller allows the Client to conclude sales contracts over the Internet and provides other services as provided in these Terms and Conditions.
2. In order to register an individual Account and to enter into a Sales Agreement through the Store's website, the Client must have an active email account.
3. The Client does not need to create an Individual Account in order to place an order in the Online Store.
4. The Client may place orders in the Online Store through the Store's website 7 days a week, 24 hours a day.
5. In order to place the order, the Client must select The Goods in the Store, in particular their models, quantities, colors and sizes. Each Item must be added to the "Shopping Cart" by using the "Add to Cart" option. Selecting each Item will take the Client to the ”Shopping Cart”. The Client is advised to use the "continue Shopping" option if they wish to continue browsing. Once the entire order has been completed, the Client must go to the "Shopping Cart" and continue with the order process. When completing the order, the Client can log into their individual Account or complete their order without registering by filling in their personal information and shipping address in the appropriate fields. In the following step the Client should be able to choose the payment and methods and shall be informed of the total price of the Selected Goods and their delivery, as well as of any additional costs he is required to incur in connection with the order.
6. Next, the Client places the order on the Store’s webpage by choosing the “I confirm the order with an obligation to pay” option.
7. To place the order, the Client must accept the Service Conditions, namely the Online Store's Terms of Service, by marking the appropriate box on the order form.
8. The information provided by the Client during the ordering process should be truthful, up-to-date, and accurate. The Seller reserves the right to refuse the performance of the contract where the particulars given are inaccurate enough to prevent the performance of the contract, in particular to prevent the goods ordered from being delivered correctly. Prior to denying the order, the Seller will attempt to contact the Client to determine the necessary information.
9. Until the Goods have been chosen by using the “I confirm the order with an obligation to pay” button, the Client has the option to make changes and modifications to the Goods in the order, as well as to send and/or invoice teleaddress information. Until the payment is made, the Client may stop placing the order by not continuing any further steps. In this case, the Client’s order will not be fulfilled.
10. The Client’s placing of an order is a Client's offer to Seller to enter into a sales contract for Goods within the meaning of the Polish Civil Code.
11. Once the order has been placed, the Seller will send a confirmation email to the Client. He then sends an email to the Client indicating that the order has been proceeded to execute.
12. The Sale of Goods Agreement between The Seller and the Client shall be concluded when the Client receives an order confirmation email referred to in paragraph 11. This information confirms the terms of the Sales Agreement as set forth in the Terms and Conditions.
§ 4 Creating an individual user account
1. In order to create an Individual Account, the Client must register their data in the Store's database free of charge. The Client can register their information by filling in the registration form in the footer of the 'My Account' page. The following details are required to complete the form: First name, last name, email address, individual password, and delivery address: Street, postal code, city, telephone number.
2. To create an Individual Account, the Client must accept The Legal Notice by marking the corresponding field in the form.
3. Upon submission of the completed registration form, the Client shall immediately receive, by electronic means, an acknowledgment of Seller's registration of the Individual Account in the Store (it will go to the email address provided in the registration form). At this point, an Individual Account service contract is entered into electronically, and the Client is given the opportunity to access the Individual Account and to change his or her details provided at the time of registration.
§ 5 Delivery and shipping
1. On average, the order is completed within 2-5 working days. In the case of individual orders (to size) and orders placed during sales the orders are usually completed within 4-10 working days.
2. The Goods are delivered to the address indicated by the Client in the order.
3. The Goods are delivered via the Fedex courier company around the world and the Polish Post via courier in Poland. Shipping for collection is also possible. Delivery charges for Goods shall be indicated on the order form.
4. On the day the Goods are shipped to the Customer, the Seller sends a shipping notice to the Client's email address.
5. The goods are delivered by the courier within 3 working days in Poland and 5 working days around the world. If the delivery date has been specified in working days, it should be understood as all days from Monday to Friday, except for public holidays.
6. A invoice is included in each consignment.
§ 6 Prices and Payment
1. The prices on the polisch web page in Polish zloty are gross prices, including VAT. The prices on the englisch web page are in euro and they are gross prices.
2. The price of the goods shall be added to the cost of the shipment, which shall depend on the form of delivery and payment chosen. For purchases over 300 PLN on the polisch web page, the delivery is free of charge.
3. The purchase price quoted on the Store's website is final and binding since the Client has received an email confirming the Client's order of selected Goods indicated in Section 3(10). This price will not change, regardless of any price changes or promotional or sales activity that may have started on the Store's website after an order was placed.
4. The Client shall pay the price for the Goods ordered, including the delivery costs, at his/her election:
a. by bank transfer to the Seller's bank account, prior to delivery only on the polisch web page;
b. by bank transfer via electronic payment via the payment system referred to in Przelewy24 only on the polisch web page, operated by PayPro, based in Poznań, ul. Kanclerska 15, 60-327 Poznań, entered In The Register Of Entrepreneurs Of The National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, VIII Commercial Department Of The National Court Register under Commercial Register 0000347935, tax ID number 7792369887;
c. by bank transfer via electronic payment via the payment system referred to in PayPal only on the englisch web page;
d. by bank transfer via electronic payment via the payment system referred to in Mollie only on the englisch web page;
5. If the Client chooses the payment method set forth in paragraph 4a, failure to receive payment on the Seller's account within 3 business days of the date of conclusion of the Sales Agreement and thereafter within the additional time limit set by Seller, shall result in Seller's withdrawal from the Sales Agreement. The Client can also cancel the order without any consequences by contacting the Seller during business hours using the telephone number provided in the Contact tab, without prejudice to his right of withdrawal. Once the funds have been posted, the Seller will begin processing the order.
6. If the Client chooses the method of payment specified in paragraph 4b-d., this paragraph, the Seller shall commence the order upon receipt of a payment confirmation, but not earlier than an email with the receipt has been sent to the Client confirming that the Client has accepted the purchase order of the selected Goods, referred to in paragraph 3(10).
7. The Seller reserves the right to change the price of Goods in the Store, introduce new Goods into the Store, perform or cancel promotional activities on Store Pages, or make changes thereto in accordance with the Polish Civil Code and other laws, without prejudice to the rights of persons, which have concluded contracts for the Sale of Goods offered by the Store prior to making the above changes or rights of persons entitled to use the promotion, in accordance with its terms and during the term of the promotion.
§ 7 Claims
1. If the Goods purchased have a physical or legal defect, the Seller shall respond to the Customer pursuant to Article 556 et seq. of the Polish Civil Code (warranty).
2. The Seller shall take steps to ensure that the Store operates properly, to the extent that it is based on current technical knowledge, and shall resolve any irregularities reported by the Clients within a reasonable period of time
3. If the Goods sold have a defect, the Client may:
a. make a declaration of withdrawal from the Sales Agreement unless the Seller will promptly and without undue inconvenience to the Client replace the defective Goods with a defect-free item or will eliminate the defect. This restriction shall not apply beyond 14 days from the date of purchase, or if the Goods have already been replaced or repaired by the Seller or the Seller has not made the obligation to replace the Goods with a defect-free item or to eliminate the defect.
b. request that the Goods be replaced with a defect-free item or that the defect be eliminated. The seller shall replace the defective item with a defect-free item or eliminate the defect within a reasonable time without undue inconvenience to the Client.
4. The Client may, instead of a defect remedy proposed by the Seller, request that the Goods be replaced for a defect-free item, or in lieu of replacement of the Goods, require the defect to be rectified unless it is impossible to bring the Goods into conformity with the contract in the manner chosen by the Client or would require excessive costs in comparison with the manner proposed by the Seller. In assessing excess costs, the value of the Goods free of defects should be taken into account alongside with the nature and significance of the defect found and of the inconvenience that would be caused to the Client if another resolution was suggested.
5. The Seller might refuse to compensate the Client’s request to exchange the Goods for defect-free ones or to eliminate the defect if it is impossible to comply with the Non-conforming Sale Agreement in a manner chosen by the Client or if, in comparison with the other possible way of complying with the Sale Agreement, the resolution would require excessive costs. The repair or replacement costs are borne by the Seller.
6. A Client who uses warranty rights shall send the defective items to the Seller's address. The Seller is responsible for the cost of delivery.
7. The Seller shall be liable for warranty if the physical defect is established within two years of the delivery of the Goods to the Client. A claim for defect rectification or replacement for a defect-free item shall be extinguished at the end of the year, but where the Client is a Consumer, that period shall not end before the expiry of the period referred to in the first sentence. The Client may cancel the Sales Agreement or make a price reduction statement due to defective Goods within this period. If the Client requests a defect-free item or item replacement,, the period of withdrawal from the Sales Agreement shall begin on the date of the ineffective expiration of the time limit for the replacement or elimination of the defect.
8. The claim must be made in writing by returning the goods together with the completed claim form and proof of purchase at the Store, sent by registered letter or other form of delivery, to Cieszkowski ST 37E/4, 62-020 Swarzędz.
9. The Client will be informed of how the claim has been processed within 14 days of the request being made by the Client. A refund or exchange is possible up to 10 business days from the date the claim was handled.
10. Under these Regulations, the Seller shall not make use of the out-of-court settlement of disputes provided for in the Law of 23 September 2016 on out-of-court settlement of consumer disputes.
11. If the goods are to be replaced for another size, the shipping costs are to be borne by the Client.
12. Items ordered on an individual or on a per-size basis are not eligible for return or replacement.
§ 8 Withdrawal from the Agreement
1. A Client who is a Consumer who has entered into a Sales Agreement may withdraw from it within 14 days without giving any reason.
2. The period for withdrawal from the Sales Contract shall begin to run from the time The Consumer or the third party designated by him/her takes possession of the Goods.
3. The Consumer may withdraw from the Sales Agreement by informing the Store of his/her decision to withdraw from the contract by filling in the return form and returning it to the following address: Cieszkowski Relief 37E/4, 62-020 Swarzęz, together with proof of purchase and non-life-cycle goods.
4. To comply with the time limit referred to in paragraph 1, it shall be sufficient to send a declaration of withdrawal before its expiry.
5. In the case of withdrawal from the Sales contract, it shall be deemed not to have been concluded.
6. If the Consumer has made a declaration of withdrawal from the Sales Contract before the Seller has accepted the offer, the offer shall cease to be binding.
7. The Seller shall, without delay and not later than 14 days after receipt of the Consumer's declaration of withdrawal from the Sales contract, make a refund, with the exception of the cost of delivery. The seller may refrain from returning any payments received from the Consumer until the Goods are returned or the Client provides proof of return, whichever occurs first. The Seller will refund payment by bank transfer.
8. If the Consumer exercising the right of withdrawal has chosen to have their Goods delivered in any shipping method other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by him/her.
9. The Consumer shall return the Goods to the Seller immediately, but not later than 14 days after the date on which he/she departed from the Sales Agreement. It is sufficient to return the Item before the Agreement has expired to keep the time limit.
10. In the event of withdrawal from the Sales Agreement, the Client who is the Consumer shall bear the direct costs of returning the Goods.
11. The Consumer shall be liable for any reduction in the value of the Goods resulting from the use of the Goods in a manner which goes beyond what is necessary to establish the characteristics and functioning of the Goods.
12. Custom-made Items (per size) are non-returnable and non-replaceable.
§ 9 Other electronically supplied services
1. In addition to enabling the Store to conclude Sales Contracts in accordance with these Terms and Conditions, the Seller shall also electronically provide the following services to the Clients free of charge:
b. Individual Account
2. In order to begin providing the Newsletter service, the Client must agree to receive the Newsletter by checking the appropriate box when creating an Individual Account or later by selecting the option in "MY ACCOUNT/MY PERSONAL INFORMATION".
3. The Newsletter shall be provided free of charge for an indefinite period. The Client can unsubscribe from the Newsletter at any time without giving any reason by unchecking the option in “MY ACCOUNT/MY PERSONAL INFORMATION”.
4. The Individual Account service is available upon registration of data in the Store system as described in paragraph 4 of the Terms and Conditions and provides the Client with an individual panel in the Seller’s IT system to allow the Client to use additional functionalities on the website, such as modifying the data, maintaining the Client’s sessions after the Client logs into an individual Account, storing and sharing the Client's order history, and tracking order status.
§ 10 Protection of personal data
1. The Clients’ personal information is processed by the Seller as the Personal Data Controller.
2. The Seller shall take appropriate technical and organizational measures to ensure the protection of personal data.
3. The terms and purposes of processing the Clients’ personal information are contained in the "Legal Notice" document, which is available on the Store's website in the "Legal Notice" footer.
§ 11 COOKIES
1. Cookies on www.eaglepolewear.pl and www.world.eaglepolewear.pl are used to:
§ 12 Final provisions
1. Regulations shall apply from 14.12.2018 r.
2. The contracts concluded by the Seller are in Polish and Englisch.
3. The Seller shall be liable for failure to perform or improper performance of the contract. In the case of a contract with a Business Client, the Seller will be liable only if the damage is intentional and within the limits of the actual loss incurred by the Business Client.
4. The Parties shall seek an amicable settlement to any disputes arising under an agreement concluded under these Terms and Conditions.
5. The Consumer is entitled to the following out-of-court redress and redress procedures:
a. to request the conduct of out-of-court resolution of consumer disputes under the Law of 23 September 2016 on out-of-court resolution of consumer disputes (Legal Gazette, item 1823), i.e. e.g. the Provincial Trade Inspection Inspector in Bydgoszcz;
b. to request that the Polish Permanent Amicable Consumer Court, acting at the appropriate Provincial Trade Inspection Inspectorate, investigate the case; and
c. to ask the Polish Urban Consumer Ombudsman for assistance in the protection of the Clients' interests and rights. Social organizations, such as the Polish Consumers' Association also provide free assistance to consumers in the protection of their rights and interests.
6. Failure to accept the Terms and Conditions will prevent the Client from purchasing the Goods offered by the Store. The Store will allow the Client to review the Terms and Conditions of the order. All orders accepted by the Seller prior to the effective date of the new Terms and Conditions shall be processed in accordance with the Terms and Conditions which were in force on the date of Client's order. Clients with an Individual Account will be informed of the change to the Terms and Conditions by email. A Client who does not accept the changes made to the Terms and Conditions shall have the right to withdraw from the service contract by electronic means.
7. The law applicable to the settlement of any disputes arising under these Rules of procedure shall be Polish law. In matters not covered by these Terms and Conditions, the generally applicable provisions of the Polish law apply, in particular the Civil Code and other relevant provisions of the law of general application.