Disclaimer: This translation is a summary and may not capture all nuances. It is recommended to consult the original Polish version for legal accuracy.
SHOP REGULATIONS
The products offered in the Store are sold by Vladyslav Dekhtiar conducting business under the name VLADYSLAV DEKHTIAR FOOTBALL CAT SHOP, NIP 6783201828, REGON 523595959, entered into the Central Register on 2022-11-03, and Information on Economic Activity conducted by the minister responsible for the economy, contact address: Os. Centrum C 1/85, 31-931 Krakow, Poland, hereinafter referred to as the Seller.
You can contact the Seller by writing to the email address: kontakt@footballcat.eu or by phone: +48 608147826.
§1 BASIC CONCEPTS
Explanation of basic concepts:
Price - the value expressed in monetary units that the Customer is obliged to pay, and in the case of digital content/service - also the digital representation of value;
Working day - a day of the week from Monday to Friday, excluding public holidays;
Payment proof - invoice or receipt issued in accordance with the Goods and Services Tax Act or other applicable laws sent to the Customer;
Delivery - means the delivery of the Product to the Customer by the Seller;Supplier - the entity with which the Seller cooperates, whose task is to carry out the delivery (detailed information regarding suppliers and forms of delivery is specified on the Seller's website);
Customer - an entity planning to make a purchase or making a purchase of a product/products, i.e., a natural person with full legal capacity, and in cases provided for by universally applicable laws, also a natural person with limited legal capacity, a legal person, and an organizational unit without legal personality, which the law grants legal capacity - who has entered into or intends to enter into an Agreement with the Seller, also referred to as the User;
Consumer - a natural person making a purchase for purposes not directly related to their business/professional activity;
Offer - a sales proposal containing essential elements of the Product (including product description, individual Seller's proposal).
Entrepreneur - a natural person, legal person, and organizational unit not being a legal person, which a separate law grants legal capacity, conducting business activity on their own behalf, using the Store;
Entrepreneur on consumer terms - a natural person concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for them, arising in particular from the subject of their business activity, made available based on the provisions on the Central Register and Information on Economic Activity;
Product - Goods or Service offered by the Seller in the Store, intended for sale; the Product is chargeable unless otherwise indicated;
Physical product - a product subject to physical mail/courier delivery or that can be picked up in person;
Regulations - these Sales Regulations specifying the rules for using the Store, placing orders, and order fulfillment by the Seller;
Store/website - a site where product sales are conducted by the Seller;
Goods - an item that is the subject of an agreement between the Seller and the Customer;
Permanent medium - material or tool for storing information that allows access to this information in the future (for the time necessary to achieve the purposes for which this information serves) and allows the reproduction of stored information in an unchanged form;
Agreement - mutual agreements between the Seller and the Customer specifying mutual rights and obligations;
Service - a service provided by the Seller to the Customer.
§2 RULES OF COOPERATION AND CONCLUSION OF AN AGREEMENT
The conditions for the execution of the agreement and the rules of cooperation are determined by the Regulations and the Offer.
The Regulations and the Offer do not exclude or limit the rights of the Customer who is a Consumer or an Entrepreneur on consumer terms arising from the mandatory provisions of the law.
In the event of a discrepancy between the content of the Regulations and the Offer, the Offer is binding.
The Agreement is concluded upon acceptance of the Regulations by the Customer, payment, and confirmation of the order by the Customer, subject to the provision below.
In a situation where the payment deadline falls after the conclusion of the Agreement, the Agreement is concluded upon acceptance of the Regulations by the Customer and confirmation of the order by the Customer.
§3 PRICE
The price is a gross price and includes all taxes required by law, unless the Seller has clearly indicated that the price is a net price and VAT should be added to it.
The price does not include information about delivery costs or other costs that the Customer will be obliged to bear, and about these costs, the Customer will be informed before placing the order.
The reduced price is the price resulting from the reduction of the Product price.
The lowest price is the lowest price for the Product that applied within 30 days before the reduction, and in the case of a product offered for sale for a shorter period than 30 days, the lowest price is the lowest price that applied from the day the Product was offered until the day of the reduction.
In the case of a reduction in the price of a Product that is quickly perishable or has a short shelf life, in addition to the price for the Product, the Seller also indicates information about the price before the first use of the reduction.
In the event that the Seller applies a procedure of individual price adjustment based on automated decision-making, the Seller informs the Customer about it before placing the order.
§4 ORDERING RULES
The Customer can use the Store 7 days a week, 24 hours a day. Orders placed on Saturdays, Sundays, or holidays are processed on the next business day.
The Seller uses the services of PayU, PayPal for offering online payments.
Payments can be made by traditional bank transfer, electronic transfer, debit or credit card, BLIK payment, and other payments offered by the Service.
The Customer is obliged to make the payment immediately after placing the order, unless otherwise specified in the Offer or the Customer's chosen payment method.
To purchase products through the Store, the Customer must:
- choose the Product(s) they want to buy from the options available on the website by clicking the "add to cart" button or a similar button;
- after selecting the Products, provide the required information (e.g., Customer data, payment method, delivery method);
- review the information on the total price for the selected Products, including delivery, and other additional costs resulting from the placed order;
- accept the Regulations and the order, and make payment for the order according to the chosen payment method. After placing the order, the Seller will send a confirmation of the order.
To purchase products electronically, e.g., via email or through a message via internet messengers or an external program, the Customer must:
- choose the Product(s) they want to buy and familiarize themselves with the Offer;
- after selecting the Products, provide the information required by the Seller (e.g., Customer data, payment method, delivery method);
- before accepting the order, review the information on the total price for the selected Products, including delivery, and other additional costs resulting from the placed order;
- accept the terms of cooperation presented by the Seller within the order, including the Regulations, and make payment for the order according to the chosen payment method. After placing the order, the Seller will send a confirmation of the order.
After concluding the Agreement, the Seller also sends the Customer its terms, unless they were provided before the conclusion of the Agreement.
The seller has the right to cancel the order in the case of:
- Non-payment by the customer within 1 business day from the date of placing the order.
- The customer filling out the order form in a way that makes its correct execution impossible, despite being asked to complete/correct the data under the threat of order cancellation.
- Damage to the product during storage, a technical error in the offer, or the product being out of stock.
§5 ORDER PROCESSING RULES
Physical Products
The deadline for order fulfillment, including the delivery of products, depends on the preparation time specified by the Seller and then the delivery time for the chosen delivery method. If not stated otherwise in the Offer, the order preparation time is up to 5 business days, and the delivery time ranges from 3 to 21 business days.
The order processing time, including product delivery, is counted from the day of contract conclusion. The Seller informs the Customer about the preparation time and delivery time in business days for the selected delivery method. Delivery is limited to Poland, and for deliveries outside Poland or other specified countries, the Customer agrees individually with the Seller on detailed delivery conditions. Delivery is made to the address provided by the Customer in the order form or to a pickup point chosen by the Customer, depending on the selected delivery method.
In case of delivery issues by the carrier, such as the Customer's absence at the specified address, the carrier leaves a notice or arranges an alternative delivery time through email/phone. If the order is not collected within the specified period, it will be returned to the Seller. After return, a new delivery date is arranged with the Customer, and the costs of re-delivery are determined.
The Customer should inspect the received order upon delivery. In case of irregularities, the Customer has the right to request the carrier to prepare an acceptance protocol.
§6 TECHNICAL CONDITIONS
The Customer can use the store following the regulations and applicable laws. The Seller declares that the public nature of the Internet and using electronic services may pose a risk of unauthorized access and modification of Customer data. Customers are advised to apply appropriate technical measures to minimize these risks.
To use the store or place an order, the Customer must have:
- The current version of a web browser supported by the manufacturer with internet access (e.g., Opera, Mozilla Firefox, Google Chrome).
- An active email account.
If additional technical requirements are necessary, the Customer will be informed before using the store or placing an order.
§7 COPYRIGHTS AND LICENSES
All materials provided by the Seller, including texts, photos, graphics, multimedia, and trademarks, are protected by copyright law. The Seller or another entity from which the Seller obtained the appropriate license holds the copyrights to these materials. Unauthorized distribution, sharing, copying, and downloading of materials beyond the scope of permitted use are prohibited unless stated otherwise in the Offer. The Seller grants the Customer a non-exclusive license without the right to sublicense and without territorial restrictions. Time limitations are determined by the Offer or this Regulation.
The Customer has the right to use the materials for recording and printing within the allowed scope. Unauthorized distribution, sharing, copying, and downloading are prohibited. The Seller provides the Customer with an exclusive license at the specified price.
§8 COMPLAINTS AND WARRANTY
This chapter defines the rules for liability for the conformity of services with the agreement, requiring the transfer of ownership of the goods to the Consumer and the Entrepreneur acting as a consumer under agreements concluded from January 1, 2023.
For contracts involving the transfer of ownership of goods, such as sales contracts, delivery contracts, or work contracts constituting goods, the provisions of the Civil Code are not applicable. Instead, the Consumer Rights Act applies.
If the product is not in conformity with the agreement, the Customer may request repair, exchange, or, in cases defined by consumer law, withdrawal from the agreement.
The Seller may exchange or repair when the Customer requests repair or exchange. If both options are impossible or require excessive costs, the Seller may refuse to bring the product into conformity.
If the product is not in conformity with the agreement, the Customer may declare a price reduction or withdrawal from the agreement if:
- The Seller refused to bring the product into conformity or did not bring it into conformity,
- Non-conformity persists, even though the Seller attempted to bring the product into conformity,
- Non-conformity is significant enough to justify an immediate price reduction or withdrawal,
- From the Seller's statement or circumstances, it is clear that the Seller will not bring the product into conformity within a reasonable time or without significant inconvenience to the Customer.
The Customer cannot withdraw from the agreement if the non-conformity is insignificant.
In case of withdrawal, the Customer returns the product to the Seller at their cost. The Seller refunds the Customer immediately, but no later than 14 days after receiving the product or proof of return.
The Customer can file a complaint by sending it to the Seller's address specified in the Regulations (correspondence or email). The complaint should include data identifying the Customer, the subject of the complaint, and the claims related to the complaint. In case of an incomplete complaint, the Seller will ask the Customer to complete it within a reasonable time.
The Seller handles complaints within 14 days of receiving them, unless other provisions apply. The response is sent to the Customer's email address or in another way specified by the Customer.
These provisions do not apply to goods serving solely as carriers of digital content.
In addition to the rights arising from the warranty, some products may be covered by a separate warranty. Detailed information about the scope and duration of such warranties is provided in the product description.
§9 PERSONAL DATA
The Seller processes personal data in accordance with applicable law, including the General Data Protection Regulation (GDPR). The Customer's personal data is processed for the purpose of implementing the sales contract and, if the Customer agrees, for marketing purposes.
The Seller is the administrator of personal data.
The Customer has the right to access their data, correct it, request its deletion or limitation of processing, and the right to transfer data.
Providing personal data is voluntary, but necessary to conclude and implement the sales contract. If the Customer does not provide personal data, it may be impossible to conclude the contract.
The Customer can subscribe to the newsletter by providing their email address and agreeing to receive commercial information. The consent can be withdrawn at any time.
The Customer's personal data is processed for marketing purposes based on the consent given. The Customer can withdraw their consent at any time.
Detailed information on the processing of personal data is available in the privacy policy, which is an integral part of the Regulations.
§10 RIGHT OF WITHDRAWAL
This section outlines the rules for the withdrawal from the contract by the Consumer and the Entrepreneur acting as a consumer. The Customer, whether a Consumer or an Entrepreneur acting as a consumer, has the right to withdraw from the contract within 14 days, subject to the provisions below. To exercise the right of withdrawal, the Customer must inform the Seller by means of an unambiguous statement, such as an email or letter to the address specified in the Regulations. More information about the right of withdrawal is available in Appendices 1 and 2 to the Regulations.
The right of withdrawal does not apply to contracts for:
- services for which the customer is obliged to pay a price, if the seller has fully performed the service with the explicit and prior consent of the customer, who has been informed before the provision begins that, after the service is performed, the seller will lose the right to withdraw from the contract, and has accepted it;
- the supply of digital content not supplied on a tangible medium, for which the customer is obliged to pay, if the seller started the performance with the explicit consent of the customer, who has been informed before the provision begins that, after the performance is complete, the seller will lose the right to withdraw from the contract, and has accepted it, and the seller has provided the customer with confirmation of obtaining consent;
- goods made to the customer's specifications or clearly personalized;
- goods that are liable to deteriorate rapidly or have a short shelf life;
- sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- goods that, after delivery, are, by their nature, inseparably mixed with other items.
The customer, as mentioned in paragraph 1, is responsible for the reduction in the value of the product resulting from using it in a way that goes beyond the necessary characteristics, features, and functionality of the product.
§11 USER ACCOUNT
The Seller creates a User Account for the Customer, an individual panel activated by the Seller for the Customer after registration and the conclusion of a free agreement to create and maintain a User Account. The agreement to create and maintain a User Account is concluded for an indefinite period.
The Customer cannot share the User Account with third parties or possess multiple User Accounts. Creating a User Account is necessary to access the User Account, place an order, and access the Product if it is made available on the User Account.
The Seller sends information regarding the User Account to the email address provided by the Customer. The Customer sets an individual password for the Account. The Customer must set a new password immediately after registering the Account.
The Customer can request the deletion of the User Account from the Seller by email or any other method accepted for communication with a notice period of 14 days without stating a reason. The deletion of the User Account may result in losing access to the Products made available through the User Account.
The Seller may terminate the agreement to create and maintain the User Account:
- with valid reasons with a 14-day notice period (applies to the Customer who is a Consumer or an Entrepreneur acting as a consumer). Valid reasons include a breach of the provisions of the Regulations or legal regulations by the Customer, as well as actions by the Customer inconsistent with good manners;
- without stating a reason immediately (applies to the Customer who is not a Consumer or an Entrepreneur acting as a consumer).
§12 SPECIFIC PROVISIONS FOR ENTREPRENEURS
Provisions specified in this paragraph apply to the Entrepreneur who is not an Entrepreneur acting as a consumer.
The court competent to settle disputes between the Seller and the Entrepreneur, who is not an Entrepreneur acting as a consumer, is the court competent due to the Seller's registered office.
The Entrepreneur who is not an Entrepreneur acting as a consumer is obliged to inspect the shipment upon receipt. In case of noticing defects and damages, the Entrepreneur is obliged to draw up a protocol upon receipt.
The parties exclude the Seller's liability for non-compliance of the Goods with the contract/defects of the item concerning the Entrepreneur who is not an Entrepreneur acting as a consumer.
The Seller has the right to terminate the agreement immediately for the Entrepreneur who is not an Entrepreneur acting as a consumer. The Seller sends a declaration of termination to the email or correspondence address.
The Seller is not liable for lost profits in relation to the Entrepreneur who is not an Entrepreneur acting as a consumer.
§13 PRODUCT REVIEWS
Reviews of Products published by the Seller are verified by the Seller. Verification includes comparing personal data or cooperation details with data and information held by the Seller regarding Customers who have previously used the Seller's Products, as well as direct contact with the person to thank them for the review or sending a dedicated link for leaving a review.
If there are doubts about whether the review comes from a person using the Seller's Products, the review is not published by the Seller.
Published reviews aim to present the benefits of using the Seller's Products, which have been recognized by previous Customers.
The Seller does not use sponsored or barter reviews.
§14 FINAL PROVISIONS
During force majeure, the parties are exempt from any liability for non-performance or improper performance of the contract, provided that the circumstances of force majeure constitute an obstacle to the performance of the contract.
"Force majeure" refers to an event of accidental or natural character, completely independent of the will and action of the Parties, which could not have been foreseen and its prevention was impossible.
If the Customer is outside the Seller's country, they should inform the Seller, providing information about their place of residence/registered office, to allow tax settlement in accordance with applicable regulations.
When using the Products, providing unlawful information or acting in a manner contrary to law, good manners, or violating the personal rights of third parties is prohibited.
Out-of-court dispute resolution and complaint resolution. The Consumer has the option to contact:
- a permanent consumer arbitration court with a request to settle a dispute arising from the concluded contract;
- a provincial inspector of the Commercial Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller;
- a district (city) consumer ombudsman or a social organization, the statutory tasks of which include consumer protection, to seek assistance in a matter concerning the contract;
- or has the right to use the ODR platform. The platform is used to resolve disputes between consumers and entrepreneurs: http://ec.europa.eu/consumers/odr.
The Seller reserves the right to introduce changes to the Regulations for valid reasons, including changes in legal provisions requiring the Seller to change the content of these Regulations. The Regulations are effective from February 1, 2024.
Appendix 1 to the Regulations - NOTICE OF WITHDRAWAL FROM THE CONTRACT
Customers have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day of the conclusion of the contract (for service contracts) or from the day on which they acquire possession of the goods. Customers must inform the Seller of their decision to withdraw from the contract.
The form provides information on the effects of withdrawal, including the return of all payments received from the Customer, costs of delivery, and the deadline for the Seller to reimburse the payments.
Appendix 2 - OUR CONTACT DETAILS
Provides the Seller's contact details for withdrawal from the contract and for any communication
related to the contract.
**Disclaimer: This translation is a summary and may not capture all nuances. It is recommended to consult the original Polish version for legal accuracy.**