Terms & Conditions
CLOBBER.PL ONLINE SHOP TERMS AND CONDITIONS
The terms used herein shall have the following meaning:
1. Customer or you – a natural person, legal entity or organisational unit without legal personality to which special regulations grant legal capacity, who places an Order with the Shop;
2. Consumer - a Customer who is a natural person and meets the criteria set forth by the definition in Article 22 of the Civil Code. According to this definition, a Consumer is deemed to be any natural person who performs actions in law with the trader which are not directly connected with his/her professional or business activity.
3. Civil Code – the Act of 23 April 1964 (JoL RP No. 16, item 93, as amended);
4. Terms and Conditions - these Terms and Conditions of the provision of services by electronic means through the clobber.pl online shop;
5. Online Shop (Shop) - a website available at the clobber.pl through which the Customer may, in particular, place Orders;
6. Goods – products presented in the Online Shop;
7. Sales Agreement – a sales contract for Goods as defined by the Civil Code, concluded by and between Foot.pl Sp. z o.o. (KRS No.: 0000717914) and the Customer via the Shop’s website;
8. Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (JoL RP of 2014, item 827);
9. Act on Providing Services by Electronic Means – the Act of 18 July 2002 on Providing Services by Electronic Means (JoL RP No. 144, item 1204, as amended);
10. Order – the Customer’s declaration of intent aimed directly at concluding a Sales Agreement and specifying, in particular, the type and quantity of Goods.
2. General Provisions
1. These Terms and Conditions set forth the rules of use of the Online Shop available at: clobber.pl and are the regulations referred to in Article 8 of the Act on Providing Services by Electronic Means.
2. The Online Shop operating at the address: clobber.pl is run by Foot.pl Sp. z o.o. with its registered office in Warsaw (00-052), Mazowiecka 11 Street. The Company is entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000717914, NIP [Tax ID No.] 527-283-78-61, REGON [National Business Reg. No.] 369458919.
3. These Terms and Conditions set out in particular:
1. the rules for registering and using an account within the Online Shop;
2. the terms and conditions for placing electronic Orders with the Online Shop;
3. the rules for concluding Sales Agreements using the services provided by the Online Shop.
4. The use of the Online Shop shall be possible provided that your ICT system meets minimum technical requirements such as having the latest version of web browsers such as Firefox, Chrome or Opera. Another important requirement is the latest operating system installed on your computer or phone. Failure to comply with the above guidelines may result in inability to access the website.
5. In accordance with applicable law, Foot.pl Sp. z o.o. reserves the right to limit the provision of services via the Online Shop to persons over the age of 18. In such a case, potential Customers shall be notified of the above.
6. Customers may access these Terms and Conditions at any time via the link provided on the home page of the clobber.pl website and save their content and make a printout.
3. Rules of Use of the Online Shop
1. In order to ensure the security of the transmission of messages and data in connection with the services provided via the Website, the Online Shop shall take technical and organisational measures appropriate to the degree of the threat to the security of the services provided, in particular measures to prevent the acquisition and modification by unauthorised persons of personal data transmitted on the Internet.
2. The Customer shall:
1. not provide or transmit any content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personal rights and other rights of third parties,
2. use the Online Shop in a manner that does not disrupt its functioning, in particular through the use of specific software or devices,
3. use the Online Shop in a manner compliant with the law in force in the Republic of Poland, the provisions of these Terms and Conditions, and with the general principles of using the Internet.
4. Sales Agreement Conclusion Procedure
1. Information on the Goods provided on the Online Shop’s pages, in particular their descriptions, technical and usability parameters and prices, constitutes an invitation to conclude an agreement as defined in Article 71 of the Civil Code.
2. In order to conclude a Sales Agreement via the Online Shop, you should go to the clobber.pl website and select Goods from the available categories such as shoes, T-shirts, caps or jackets. Then take further technical steps based on the messages being displayed to you and information available on the website.
3. The Goods ordered shall be selected by being added to your shopping cart.
4. During the Order placement process - until you click on the “Order and Pay” button - you shall have the possibility to modify the data entered and the Goods selected. To this end, follow the messages being displayed to you and information available on the website.
5. Once the Customer who uses the Online Shop has entered all the necessary data, a summary of the Order placed shall be displayed. The order summary shall contain information concerning:
1. subject of the Order,
2. unit and total price of the ordered products or services, including delivery costs and additional costs (if any),
3. payment form selected,
4. delivery method selected,
5. delivery time.
6. To place an Order, it is necessary to provide personal data marked as mandatory and to click the “Order and Pay” button.
7. Sending the Order by you constitutes a declaration of intent to conclude a Sales Agreement with Foot.pl Sp. z o.o., in accordance with the content of these Terms and Conditions.
8. After the Order has been placed, you shall receive an email entitled [...] and containing a final confirmation of all material elements of the Order.
9. The Agreement shall be deemed to be concluded when you receive the email referred to above.
10. The Agreement shall be concluded in English. Recording, securing and making available the details of the Order and the general terms and conditions (Online Shop Terms and Conditions) shall take place by email.
5. Collection in Person
1. Collection in person shall be possible on working days from Monday to Saturday, during opening hours of the Clobber store located at Mazowiecka 11 Street in Warsaw (00-052). You may collect the Goods in person up to 3 working days after placing the Order when choosing payment on the spot in PLN. When paying in advance, you have 30 days to collect.
1. Delivery of the Goods shall not be subject to any territorial restriction and shall be to the address indicated by you when placing the Order.
2. Delivery of the ordered Goods shall be made by the DPD courier service. Delivery costs shall depend on the place of delivery. A full list can be found in the Shipping section. Delivery costs shall also be indicated at the time of placing an Order.
3. The delivery time is 2 to 5 working days from the date of sending the Order.
7. Prices and Payment Forms
1. The prices of the Goods shall be quoted in EUR/GBP/PLN and comprise all components, including VAT.
2. You may pay the price (recipient: Foot.pl Sp. z o.o., Mazowiecka 11 Street, Warsaw (00-052).) in the following manners:
1. by bank transfer to the bank account number for payments in PLN - 97 1090 2590 0000 0001 3609 9727,
2. by bank transfer to the bank account number for payments in EUR - PL34 1090 1883 0000 0001 3751 4432,
3. through PayU/PayPal systems which offer instant payments from most banks.
8. Right of Withdrawal
1. The Customer who is a Consumer shall have 14 days to withdraw from the agreement. If you are a Consumer, you shall have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period shall expire after 14 days from the day on which you take possession of the item or on which a third party indicated by you and other than the carrier takes possession of the item.
2. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this agreement by an unequivocal statement sent by email to: firstname.lastname@example.org
3. You may use our withdrawal form template, but it is not obligatory.
4. To meet the withdrawal deadline, it shall be sufficient for you to send information concerning the exercise of your right of withdrawal before the withdrawal period has expired.
5. We may withhold the refund until we have received the returned item.
6. Please send back or hand over the Goods to us at the address Clobber, Mazowiecka 11 Street, Warsaw (00-052), immediately and in any event no later than 14 days from the day on which you have informed us of your withdrawal from this agreement. The deadline shall be met if you send the item back before the expiry of the 14-day period.
7. We shall not bear the shipping cost of returning the Goods. The Goods may be returned stationary, which shall be free of charge. Our address is Clobber, Mazowiecka 11 Street, Warsaw (00-052).
9. Effects of Withdrawal
1. If you withdraw from this agreement, we shall refund all payments received from you, including the costs of delivery of the item (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of regular delivery offered by us), without delay and in any event no later than 14 days from the day on which we are informed of your decision to exercise your right of withdrawal from this agreement. We shall make the refund using the same forms of payment as those used by you in the original transaction, unless you have expressly agreed otherwise; in any event, you shall not incur any charges in connection with this refund.
10. Complaints about the Goods
1. Foot.pl Sp. z o.o., as the seller, is liable to the Customer being a Consumer within the meaning of Article 22 of the Civil Code under the warranty for defects to the extent set out in the Civil Code, in particular in Articles 556 and 556 - 556 et seq. of the Civil Code.
2. Complaints arising from the violation of rights guaranteed by law or under these Terms and Conditions shall be submitted to: email@example.com . The Seller undertakes to handle each complaint within 14 days.
11. Complaints about the Provision of Services by Electronic Means
1. The Online Shop shall take steps to ensure that its website and web pages operate correctly to the extent resulting from the current technical knowledge, and undertakes to remove any technical malfunction reported by Customers within a reasonable time.
2. Malfunctions related to the functioning of the Shop’s website and web pages may be reported by Customers in writing to the address: Foot.pl Sp. z o.o., Mazowiecka 11 Street, Warsaw (00-052), by email to firstname.lastname@example.org or by using the contact form.
3. In the complaint, you should describe the type and date of occurrence of malfunctions related to the functioning of the Shop.
12. Dispute Resolution and Final Provisions
1. If you are a Consumer, you may, if interested, use out-of-court complaint and redress procedures. Disputes concerning online shopping can be resolved through mediation proceedings before Provincial Inspectorates of Trade Inspection or through a trial before an arbitration court at a Provincial Inspectorate of Trade Inspection. You can also use other methods of out-of-court dispute resolution and, for example, lodge your complaint via the EU online ODR platform available at http://ec.europa.eu/consumers/odr/
In matters not regulated herein, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means and other relevant provisions of Polish law shall apply.