TERMS AND CONDITIONS
§ 1 Introductory provisions
The Aware Outfitters online store, available at www.awareoutfitters.com, is operated by Gabriela Łęcka running the business activity under the name Aware Outfitters Gabriela Łęcka, NIP 9581716844, REGON 389098658.
These Terms and Conditions are addressed to Consumers and determine the rules and procedures for the conclusion of a Distance Sales Agreement with the Consumer via the Shop.
§ 2 Definitions
Consumer - a natural person concluding an agreement with the Seller through the Shop, the subject of which is not directly related to its business or professional activity.
Seller - a sole proprietorship under the name of Aware Outfitters Gabriela Łęcka entered in the Central Register of Business Activity and Information (CEIDG) maintained by the competent minister of economy, NIP 9581716844, REGON 389098658
Client - any entity making purchases through the Store.
Store - an online store operated by the Seller at the Internet address www.awareoutfitters.com.
Distance agreement - an agreement concluded with the Customer within an organized system of contract conclusion at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication until the conclusion of the contract.
Rules - guidelines of the store.
Order - Customer's declaration of will placed through the Order Form and aimed directly at concluding a Sales Agreement of a Product or Products with the Seller.
Account - client's account in the Shop, it contains data given by the client and information about orders placed by him/her in the Shop.
Registration form - a form available in the Store, allowing creation of an Account.
Order form - interactive form available in the Store that enables the placement of an Order, in particular by adding Products to a Basket and determining the terms of a Sales Agreement, including the method of delivery and payment.
Basket - an element of the Store's software in which the Products selected by the Customer for purchase are visible, as well as the possibility of determining and modifying the Order's data, in particular the quantity of products.
Product - a movable item available in the Store / service which is the subject of a Sales Agreement between the Client and the Seller.
Sales Agreement - a contract of sale of a Product concluded or concluded between the Client and the Seller via the Internet Shop. The Sales Agreement is also understood - depending on the characteristics of the Product - as the agreement for the provision of services and contract for specific work.
§ 3 Contact with the Store
Seller's address: 15b Kielecka St., Starachowice 27-200.
Seller's e-mail address: email@example.com.
Seller's bank account number: PL 10 2490 0005 0000 4530 4247 8918, SWIFT: ALBPPLPW.
The Client may communicate with the Seller using the addresses given in this paragraph.
§ 4 Technical requirements
In order to use the Shop, including browsing the Shop's assortment and placing orders for Products, it is necessary to have
a final device with access to the Internet and a Google Chrome web browser,
an active electronic mail account (e-mail),
FlashPlayer plug-in installed.
§ 5 General information
The Seller, to the fullest extent permitted by law, is not responsible for malfunctions, including interruptions in Store operations caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Client's technical infrastructure.
Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for products in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address information to allow the Order to be processed without creating an Account.
The prices given in the Store are gross prices (including VAT).
The final amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including transport, delivery and postal services), of which the Customer is informed on the Store's website when placing an Order, including at the moment of expressing his or her will to be bound by the Sales Agreement.
In the case of a Contract covering subscription or provision of services for an indefinite period of time, the final (final) price shall be the total price including all payments for the settlement period.
If the nature of the subject matter of the Contract does not make it possible, in a reasonable estimation, to calculate the final (final) price in advance, information about how the price will be calculated, as well as charges for transport, delivery, postal services and other costs shall be given in the Shop in the Product description.
§ 6 Creating an Account in the Store
To set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name, surname, e-mail address.
Setting up an Account in the Store is free.
Logging into an Account is done by providing a username and password established in the Registration Form.
The client has the opportunity at any time, without giving any reason and without incurring any charges on this account by sending an appropriate request to the Seller, particularly by e-mail or in writing to the addresses given in § 3.
§ 7 Rules for placing an Order
In order to place an Order it is necessary to: log in to the Store (optionally);
select the Product which is the subject of the Order and then click the "Add to basket" button (or equivalent);
log in or use the possibility of placing an Order without registration;
if the option of submitting the Order without registration has been selected - fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
click the button "Order and pay"/"Order and pay" and confirm the order by clicking on the link sent in the e-mail,
choose one of the available payment methods and, depending on the payment method, pay for the order within a specified period.
§ 8 Offered delivery and payment methods
The Customer can use the following methods of delivery of the ordered Product:
Postal consignment, cash on delivery,
Courier parcel, cash-on-delivery parcel.
The Customer may use the following payment methods:
Payment by bank transfer to the account of the Seller
Electronic payments including Blik
Payment by credit card.
Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§ 9 Performance of the Sales Agreement
Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form at the Online Store, in accordance with § 7 of the Terms and Conditions.
After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending by the Seller to the Customer the appropriate e-mail message to the e-mail address given during the placement of the Order, which contains at least statements of the Seller about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. At the moment of receipt by the Client of the above e-mail message, the Sales Agreement between the Client and the Seller is concluded. If the Customer chooses:
transfer payment, electronic payment or payment card payment, the Customer is obliged to make payment within 3 calendar days from the day of concluding the Sales Agreement - otherwise the order will be cancelled.
payment on delivery, the Customer is obliged to make payment on delivery.
payment in cash on delivery, the Customer is obliged to make payment on delivery within 3 days from the date of receipt of information that the parcel is ready for collection.
The start of the Product delivery period to the Customer is calculated as follows:
If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
If the Client chooses cash on delivery payment method - from the date of the Sales Agreement conclusion.
Worldwide shipping is carried out according to the tariffs of local courier companies.
The Product delivery to the Client is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including shipping, delivery charges and postal services) are indicated to the Client on the Online Store website under the "Delivery Costs" tab and during the process of placing an Order, including at the moment of expressing the Client's will to be bound by the Sales Agreement.
§ 10 Right of withdrawal
The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
The period specified in paragraph 1 starts from the delivery of the Product to the Consumer or a person designated by him other than the carrier.
In the case of an Agreement that includes multiple Products that are delivered separately, in lots or in parts, the period indicated in paragraph 1 runs from the delivery of the last item, lot or part.
The Consumer may withdraw from the Contract by submitting to the Seller a statement of withdrawal from the Contract. To preserve the deadline for withdrawal from the Agreement it is sufficient to send a statement by the Consumer before the expiry of this deadline.
§ 11 Complaint and warranty
The Sales Agreement covers new Products.
The Seller is obliged to provide the Customer with a defect-free item.
In case of defects of goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
A complaint should be made in writing or electronically to the addresses given in these Terms and Conditions of the Seller or using an electronic complaint form, made available by the Seller on one of the pages of the Store.
It is recommended to include in the complaint, among others, a brief description of the defect, the circumstances (including date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defective goods.
The Seller shall respond to the complaint immediately, no later than within 14 days, and if it does not do so within that period, it is considered that the Customer's request is justified.
The Seller responds to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer, and the Seller does not respond to the complaint request within 14 days, it is considered that the Customer's request is justified.
Goods returned under the complaint procedure should be sent to the address specified in § 3 of these Terms and Conditions.
If a guarantee has been granted for a Product, information about it and its content shall be included in the description of the Product in the Store.
§ 12 Out-of-court complaint handling and claim investigation methods
Detailed information about the possibility of out-of-court complaint handling and claim investigation procedures used by the Consumer and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has the following examples of out-of-court complaint and redress procedures:
The Consumer is entitled to apply to a permanent amicable consumer court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller.
The Consumer is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for an amicable settlement of the dispute between the Consumer and the Seller.
The Consumer may obtain free assistance to resolve the dispute between him and the Seller, also using the free assistance of county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, Polish Consumer Association).
§ 13 Personal data in the Online Store
The administrator of the personal data of the Customers collected via the Online Store is the Seller.
Personal data of the Clients collected by the administrator via the Online Store are collected for the purpose of Sales Agreement execution, and if the Client agrees - also for marketing purposes.
Recipients of the personal data of the Clients of the Internet Shop can be:
In case of a Customer, who uses the delivery method in the Internet Shop by mail or by courier, the Administrator will make the collected personal data of the Customer available to a chosen carrier or agent, who will execute the shipment on behalf of the Administrator.
In case of a client, who uses in the online store the method of electronic or credit card payment, the Administrator shall make available collected personal data of the client to a chosen entity handling the aforementioned payments in the online store.
The Customer has the right to access his/her data and correct them.
Providing personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude a Sales Agreement results in inability to conclude that agreement.
§ 14 Final provisions
First Contracts concluded through the Online Store are concluded in Polish / English.
2nd Seller reserves the right to make changes to the Regulations for important reasons, such as changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of these Regulations. The Seller shall inform the Customer about each change
At least 7 days in advance. 3.
Third In matters not covered by these Regulations shall apply universally applicable provisions of Polish law, in particular: Civil Code; Act on the provision of electronic services; Consumer Rights Act, Personal Data Protection Act.
4th The customer has the right to use out-of-court procedures for handling complaints and claims. For this purpose, he can submit a complaint through the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.