Rules

Internet Store Regulations - www.shop.monksandals.com

1. Basic provisions

1. Hereby Regulations defines basic conditions and ways of rendering services
electronically as well as conducting sales by hand of the Internet Store www.shop.monksandals.com. The store is run by Aleksander Łężniak running business activity at Monk Sandals and is registered at the Entrepreneur Records of the Central Record and Information on Business Activity run by the Minister for Enterprise and Technology at the address ul. Chopina 29/2, 55-050 Sobótka, NIP: 8961460712, REGON:022354146 hereinafter referred to as the Seller.
2. Contact with the Seller by:

1. 1. electronic mail: biuro@monksandals.pl;

   2. telephone number: +48 721 293 708.

3. Hereby Regulations is continuously available online at www.shop.monksandals.com accessible for downloading, recording and playing back its content by printing or recording on a carrier at any time.

4. The Seller informs that the usage of the services provided via electronic mail may be hazardous on both sides of the Internet users due to the risk of entering into the tele-information system of the client malware as well as acquiring its data by unauthorised parties. In order to avoid the risks of hazards taking place, a.m client should apply appropriate technical means which will minimise the risk of them taking place, especially antivirus software and firewall.

II. Definitions

The meaning of the terms used in the Regulations:

1. Working days - days from Monday to Friday, excluding legal holidays.

2. Client - a physical person who has a full legal capacity to act, a physical person conducting a business activity, a legal person or an organisational unit not being a legal person, to whom special regulations grant legal capacity, who is placing orders within the Internet Store or using other Services available at the Internet Store;

3. Civil Code - statute at 23 April 1964 (Dz. U. Nr 16, poz. 93 ze zm.);

4. Account - part of the store allocated to a client, by which the client can execute certain actions within the Internet Store;

5. Consumer - a Client who is a consumer as stated in the article 22[1] of the Civil Code

6. Entrepreneur - a Client who is an entrepreneur as stated in the article 43[1] of the Civil Code;

7. Regulations - this document

8. Goods - a product presented in the Internet Store, the description of which is available next to all of the presented products

9. Sales Agreement - Sales agreement of the Goods in the understanding of the Civil Code made between the Seller and the Client;

10. Services - services rendered by the Seller in favour of the Clients electronically as stated in the act on 30 May 2014 about the Consumer laws (Journal of Laws 2014, No 827);

11. Statute on the consumer laws - the statute dated 30 May 2014 on the consumer laws (Journal of Laws 2014, No 827);

12. Statute on rendering services electronically - the statute dated 18 July 2002 about rendering services electronically

13. Order - the statement of the Client’s will heading directly for drawing up the Sales Agreement, specifically defining the type and the amount of the goods.

III. The rules of using the Internet Store

1. The using of the Internet Store in possible as long as the tele-information system complies with the following technical requirements:

1. Personal computer or a mobile device with an internet connection,

2.The access to an electronic mail

3. an internet browser - Internet Explorer 11 or newer, Firefox 28.0 or newer, Chrome 32 or newer, Opera 12.17 or newer, Safari 1.1 or newer
4. Cookies or Javascript enabled in the web browser
2. The using of the Internet Store means every action performed by the client which leads to him getting to know the contents available in the Store.
3. The client is especially obliged:

1. not to deliver nor to convey any content forbidden by the law regulations,

such as the content promoting violence, libellous or breaching personal goods or other rights of third parties,

2. to use of the Internet Store in a way which does not disturb its functioning, especially by using of certain programming or devices,

3. not to take such actions as: sending or placing within the Internet Store any junk mail (spam),

4. to use the Internet Store in a way non arduous for other clients and for the Seller,

5. to use any of the contents available at the store only within own personal use

6. to use the Internet Store in a way which is congruent with the regulations of the law in force in the Republic of Poland territory, provisions of the Regulations as well as general rules for using he Internet.

IV. Services

1. The Seller enables by hand of the Internet Store usage of the free services which are rendered by the Seller 24/7.

2. The service of running the Account in the Internet Store is available after registering. The registration ensues once the registration form has been filled, accepted and shared on one of the Internet Store pages. The agreement on rendering services of running an account on the Internet Store is for indefinite period and it can be dissolved as soon as the Client sends a notice to delete the account or uses the “Delete the Account” button.

3. The client has the opportunity to obtain commercial information from the Seller in the form of messages send to the client to a previously given email address (newsletter service). To do so one needs to sign up with the right email address or activate the right field in the registration form or in the Order form. The client can cancel the agreement at any time to be sent commercial information. THe agreement on running the Newsletter service is drawn up for indefinite period and is dissolved as soon as the client sends a demand to remove their email address from the Newsletter database or cancels the subscription using the link in the email sent in the content of the email sent within the Newsletter service.
4. The client has the opportunity to share on the Internet Store individual and subjective opinions referring to things such as the Goods or the course of the transaction. By sharing their opinions the client declares that they posses all rights regarding this content, especially property copyright, related laws as well as the industrial ownership rights. The agreement on rendering the service of sharing the opinion on the Goods on the Internet Store is signed for a definite period of time and is dissolved when the opinion is given.
5. The opinions should be edited in a clear and comprehensive manner and they cannot interfere with the regulations of the law in force, including the laws of the third parties - in particular they cannot be derogatory, violate personal goods or make for an act of unfair competition. Posted opinions are shared online on the webpages of the Internet Store.
6. By sharing their opinions the Client agrees that the Seller can use or publish them voluntary, as well as elaborate on the work as stated in the statute on copyright and other related rights (Journal of Laws 1994 no 24 item 83).
7. The Seller has the right to organise occasional contests and promotions, the conditions of which will every time be posted online on the pages of the Internet Store. The offers in the Internet Store cannot be used in conjunction, unless the Terms of a specific promotion states otherwise.
8. In the event of violating by the Client decision of hereby Regulations, the Seller after previously sent ineffective notice to cease or remove the infringements, upon designating a suitable time limit can dissolve the agreement on rendering Services with a 14-day notice.

V. The Procedure of Concluding of the Sales Agreement

1. The information on the Goods given on the web pages of the Internet Store, especially their descriptions, technical and applied parameters and the prices are an invitation to sign the Agreement as stated in the article 71 of the Civil Code.
2. All of the Goods available in the Internet Store are brand new, free from physical or legal flaws and they have been legally launched on the Polish market.
3. The condition of placing an Order is having a valid email address.
4. In the event of placing an Order via the Order Form available on the Internet Store webpage, the Order is placed by the Client to the Seller in the electronic form and it is an offer of signing Sales Agreement of the Goods which are the subject of the Order. The electronically made offer is binding to the client if the Seller sends the confirmation of the order being in progress, which is a declaration of the Seller about accepting Client’s offer and in the moment of the receipt by the Client the Sales Agreement is in place.

5. Placing the Order in the Internet Store using the phone or by using electronic mail is taking place in the Working days and hours advised on the Internet Store webpage. In order to do so the Client should:

1. place in the content of the electronic message directed to the Seller the name of the Goods from among the Goods on the Internet website and its content

2. choose the delivery method and the form of pay from among ways of payment available on the Internet Store website,

3. Fill in the data necessary for the completion of the order, especially: the name and the address, place of living and an email address.
6. The information on the final value of the order mentioned in the above point is passed on by the Seller orally every time once the order has been finalised or by informing via email together with an information that drawing up Sales agreement by the client carries with it an obligation of payment of the placed Order, in that moment Sales Contract is concluded.
7. In the event of Client being a Consumer, the Seller every time once the order has been placed either by phone or email, sends to the Client confirmation of the conditions of the order placed.
8. The Agreement is concluded once the client, being a Consumer (as a reply on confirmation of the Order sent by the Seller) sends an electronic mail to the electronic mail of the Seller, in which the Client: accepts the content of the Order sent and agrees for it to be executed as well as accepts the content of the Regulations and confirms that they read the admonishment on withdrawal from the Agreement.

9. After concluding the Agreement, the Seller confirms its Terms to the Client by sending them to an email address of the Client or in writing to a given postal address.

10. The Sales Agreement is signed either in Polish or in English language and its content is congruent with the Regulations.

11. In the event of the Order the subject of which is buying of the integral elements of the Goods or buying of the parts which have been used after the expiry of complaint rights, the Content of the agreement is negotiated individually by the Client with the Seller over the phone or by sending an electronic message in the mode described in the subclause 1-3, 5-11 of the point „V. Procedure of Concluding Sales agreement”

VI. Delivery

1. The Goods are delivered to the address given by the Client upon placing an order.

2. The Client can choose the following forms of Delivery of the Goods:

1. By courrier

2. By the post

3. By self-pickup in the pickup point of the Seller.

3. The Seller informs the Client on the number of working days needed for the Order to be carried out and delivered on the Internet pages of the Store in the Goods description, as well as on the amounts of the delivery fees.

4. The delivery date and implementation of the Order is counted in working days according to the point VII subclause 2.

5. The Seller, according to Client’s will, delivers together with the Goods a receipt for the Goods delivered.

6. If for the Goods contained in the Order the implementation time is different, the whole Order takes the longest possible time amongst anticipated.

VII. Prices and methods of payment

1. The Prices of the Goods are in Polish Zloty and they contain all of the ingredients, including VAT, duties and other fees.

2. The Client can choose the following methods of payment:
1. Transfer to the bank account to the bank account of the Seller (in this instance the implementation of the order will commence after sending to the Client by the Seller a confirmation of accepting the Order as well as completing the Order);

2. cash on delivery, payment to the contractor upon the delivery (in this instance the implementation of the Order and its delivery will commence after the Seller sends to the Client a confirmation of accepting the Order as well as completing the Order);

3. electronic payment (in this instance the implementation of the order will commence after sending to the Client by the Seller a confirmation of accepting the Order as well as after receiving by the Seller the information from the agent’s accounts settlement system on making the payment by the Client; the shipment will be carried out immediately upon completion of the Order).
3. The Seller informs the Client on the Internet Store pages on the deadline for the Order payment. In the event of lack of the payment by the Client in due time, as mentioned in the previous sentence, the Seller after an ineffective notice for the payment with a suitable deadline date can withdraw from the Agreement based on the article 491 of the Civil Code.

VIII. Entitlement to withdrawal from the Agreement

1. The Client being a Consumer can contract out of the Agreement without giving a reason by giving a suitable notice within 14 days. In order for this deadline to be valid, the notice should be sent before its end date.

2. The Client can formulate the Notice by themselves or use the template on the notice on withdrawal from the Agreement, which is an Appendix no 1 to this Regulations.

3. The 14-day deadline is counted from the day in which the delivery of the Goods took place or in case of the Agreement on the Services from the day it was signed.

4. The Seller upon the acceptance of the statement on withdrawing from the agreement by the Consumer will send to an email address of the Consumer confirmation of the acceptance of the statement on withdrawing from the Agreement.

5. The right to withdraw from the Agreement by the Consumer is turned off in the following instances:

1. of rendering services, if the Seller has fully carried out the service with a clear consent from the Client, who had been informed before commencing the performance, that after completing the performance by the Seller they will loose the right of withdrawing from the Agreement.
2. The Agreement which price or remuneration is dependant on the fluctuations on the financial market over which the Seller has no control and which can appear before the deadline of withdrawing from the Agreement;

3. The Agreement the subject of which is non prefabricated Goods, produced according to Consumer’s specifications or serving to fulfil their individualised needs;
4. The Agreement the subject of which is the Goods which go off fast or have a short “use by” date;

5. The Agreement the subject of which is the Goods delivered in a sealed packaging, which cannot be returned after opening due to health protection or due to hygienic reasons, if the packaging was opened after the delivery;
6. The Agreement the subject of which is the Goods, which after the delivery, due to their character get intrinsically linked with other objects;

7. The Agreement the subject of which is the Goods, the price of which has been established upon concluding the Sales Agreement and the delivery of which can occur only after 30 days and the delivery of which depends on the oscillation on the market, over which the Seller has no control;

8. The Agreement in which the Consumer clearly demanded for the Seller to meet him in order of making prompt repair or conservation; if the Seller renders in addition services different than those which had been demanded by the Consumer, or delivers Goods other than replacement parts indispensable for carrying out a repair or conservation, they have the right to withdraw from the Agreement in relation to the additional Goods or Services;

9. The Agreement subject of which are sound or visual recordings or computer programmes delivered in a sealed packaging, if the packaging has been opened after the delivery; delivery of daily papers, periodicals or magazines, excluding the subscription Agreement;
10. The Agreement concluded in a public auction;
11. The Agreement on rendering services in the scope of accommodation, other than for living purposes, transport of things, car hire, catering, services related to recreation, cultural, entertainment or sport events, if the Agreement mentioned a day or a period of time for rendering the Service.
12. The Agreement for delivering digital content, which are not recorded on a physical carrier, if performing the performance has begun with a clear consent of the Consumer before the deadline to withdraw from the Agreement passes and after informing him by the Seller about loosing the right to withdraw from the Agreement.

6. In the instance of withdrawing from the Agreement concluded remotely, the Agreement is deemed void. What was testified by the parties is being returned in an unchanged state, unless the change was necessary in order to check the character, attributes and functionality of the Goods. The return should be imminent, no later than in 14 days. The Goods bought should be returned to the address of the Seller.

7. The Seller will immediately return to the Consumer all of the payments made by the client, including the delivery costs - i.e. no later than in 14 days from the day of the receipt of the Consumer’s statement to withdraw from the Agreement. The Seller returns the payment using the same payment method, which was used by the Consumer, unless the Consumer agrees to a different way of return. There will however be no additional cost for this return. The Seller can abstain from returning the payments received from the Client until receiving the Goods back or delivering by the Client proof of sending it back, depending on which event takes place earlier, unless the Seller offered, that they will collect the Goods from the client in person.

8. If the Consumer has chosen a way of delivering the Goods other than the cheapest regular delivery offered by the Seller, the Seller is not obliged then to return any additional costs incurred by him.
9. The Client incurs only a direct cost of returning the Goods, unless the Seller agreed to cover that cost.

IX. Complaints concerning the Goods on the warranty rights

1. The Seller is obliged to deliver the Goods free from defects
2. The Seller responds to the Client, the Client also being the Consumer, on the warranty rights for the defects on the rights prescribed in the article. 556 - 576 of the Civil Code.
3. Complaints resulting from violating Client’s rights warranted by the law or on the basis of this Regulations, should be directed to the following address: Monk Sandals Aleksander Łężniak, Chopin Street 29/2, 55-050 Sobótka; email address: biuro@monksandals.pl, phone number: +48 721 293 708.
4. In order for the complaint to be considered, the Client should send or deliver the Goods in question, if possible, attaching proof of the purchase. The Goods need to be delivered or sent to the address shown in point 3.
5. The Seller is obliged to consider every claim within 14 days.

6. In case of there being gaps in the claim the Seller will call the client to fill in the complaint accordingly within the necessary scope, no later than within 7 days from the date of receiving the call by the Client.

X. Complaints concerning rendering services via electronic mail

1. The Client make a complain the Seller regarding the functioning of the Store and using of the Services. The complaints can be submitted in writing to the address: Monk Sandals Aleksander Łężniak, Chopin Street 29/2, 55-050 Sobótka, email address: biuro@monksandals.pl, phone number: +48 721 293 708.
2. In the complaint the Client should fill in their name and surname, postal address, the type and the description of the defect in question.

3. The Seller is obliged to consider each complaint within 14 days, should this not be possible, to inform the Client within this time frame when the complaint is going to be considered. In case of there being gaps in the complaint, the Seller will call the Client to fill them in within an indispensable scope of 7 days, from the date of receiving the complaint by the Client.

XI. Warranties

1. The Goods may have a warranty either from the producer or from the Seller.
2. In case of the Goods under the warranty, the information regarding the existence and the content of the warranty as well as the time to which it was given is each and every time shown in the Goods description on the web pages of the Store.

XII. Extrajudicial arrangements of resolving complaints and pursuing claims

1. The client being the Consumer has among others the following ways of using extrajudicial arrangements of resolving complaints and pursuing claims

1. is entitled to turn to a stationary arbitration court for consumers trading by the Trade Inspection with an application to resolve the dispute resulting from the Sales Agreement in place.

2. is entitled to turn to a regional inspector of the Trade Inspection with an application to start mediation proceedings regarding an amicable settlement of the dispute between the Client and the Seller. 3

3. is able to get a free help regarding resolving the dispute between the Client and the Seller, also by using a free of charge district (urban) spokesman for the consumer or a social organisation, which has statute tasks of protecting the Consumers (among others Consumers Federation, The Association of Polish Consumers). The advice is given by the Consumer Federation over the phone on a free consumer helpline: 800 007 707 and by the Association of Polish Consumers via email: porady@dlakonsumentow.pl;

4. file a complain by using a UE online platform ODR, available at:
http://ec.europa.eu/consumers/odr/.

XIII. Personal Data Protection

Personal data given by the Clients is collected and processed by the Seller according to the law in force and according to the Privacy Policy, included in the Appendix no 2 to the Regulations.

XIV. Final provisions

1. All of the Rights regarding the Internet Store, including property copyright, the rights of intellectual ownership to its name, internet domain, webpage of the Internet Store as well as to the forms and logotypes belong to the Seller and using of them can occur only in a manner specified and congruent with the Regulations

2. Settling possible disputes that may occur between the Seller and the Client, being a Consumer is passed on to the competent courts according to the provisions of appropriate regulations of the Code regarding civil proceedings.

3. Settling possible disputes that may occur between the Seller and the Client, being an Entrepreneur is passed on to the competent court with respect to the premises of the Seller.
4. In cases undecided in this Regulations, Civil Code regulations are in force, regulations regarding the Statute on rendering the services electronically, the regulations of the Agreement Consumer’s laws and other proper regulations of the Polish law.

5. Should there be any changes to these Regulations, each Client will be informed via information on the main website of the Internet Store, containing sheet of the changes and the date of them coming into force. The Clients who have the Account will be additionally informed about the changes which will be emailed to them together with the sheet. The date of the changes coming into force will be at least 14 days from the date they are published. In case the Client who has a Client Account does not agree with the new content of the Regulations, they are obliged to inform the Seller about this within 14 days from the date of the date when Regulations changes were announced. Informing the Seller on disagreeing with the new content of the Regulations results in dissolving the Agreement.

App.-1-Withdrawal-from-the-Agreement-Form.pdf

App.-2-RODO-Privacy-Policy-and-the-usage-of-cookies-files-

App.-3-Complaint-of-the-Goods