TERMS AND CONDITIONS

TERMS AND CONDITIONS

These Online store terms and conditions (hereinafter referred to as the “Terms and conditions“) define the rules on which the Seller and Customers will conclude contracts for the sale of goods remotely by means of electronic communication, in the particular e-mail, via the Seller’s Website at www.suntleones.com, as well as the rules for the provision of electronic services by the Seller via the Website mentioned above.

§ 1 – DEFINITIONS

Seller – Andrzej Bargiel running a business under the name of Andrzej Bargiel Sport Promotion, having its registered seat in Zakopane, at Bronisława Czecha street 3/5, 34-500 Zakopane (Poland), with tax identification number (NIP) PL5521611743 and REGON 123139487, being the Store owner.

Store or Online store or Online store website – online store under www.suntleones.com domain, through which the Seller conducts online sales of goods in the territory of Poland

Website – website under www.suntleones.com.

Customer – a natural or legal person who uses the online store website, who makes a purchase via the online store website on the terms set out in these terms and conditions.

Consumer – a natural person who performs a legal transaction with the entrepreneur not related directly to his business or professional activity.

Entrepreneur with consumer rights – a natural person concluding a contract with an entrepreneur directly related to his business activity.

Good or Goods or Product or Products – good or goods, product or products described on the website, for which the seller has provided information about the possibility of their purchase.

Agreement – means a sales contract concluded remotely between the customer and the store, on the terms specified in these terms and conditions, regarding the goods offered in the online store.

Business days – every day from Monday to Friday, excluding public holidays.

Order fulfillment time – the time in which the Store will complete the order and ship it in the manner chosen by the Customer.

§ 2 – GENERAL PROVISIONS

  1. Using the Store requires access to a device connected to the Internet, an installed and updated version of the Microsoft Edge, Google Chrome, Mozilla Firefox, Opera, Safari web browser with JavaScript and Cookies enabled and an active e-mail account (e-mail).
  2. The Seller reserves that in the event of failure to meet the above requirements, it will not be able to enable the Customer to place an order via the Website, carry out the agreement conclusion procedure, or perform the concluded Agreement.
  3. The Store uses cookies, i.e., small text files stored by the web browser on the user’s device, including for statistical analysis of traffic, adjusting the appearance and content of the Website to the individual needs of the user. Changes to cookie settings can be made in the browser.
  4. Customers may use technical support in the event of problems with the functioning of the Website by electronic means by sending an inquiry to the following address: info@suntleones.com.

§ 3 – CUSTOMER’S REPRESENTATIONS AND OBLIGATIONS

  1. By making the transaction, the Customer declares that she/he accepts these Terms and conditions and the Privacy Policy.
  2. The acceptance of the Terms and conditions by the Customer includes the simultaneous submission of statements by the Customer with the following content:
    1. I have read the Terms and conditions and accept all its provisions,
    2. I have voluntarily started using the Seller’s services on the terms resulting from the Terms and conditions,
    3. I declare that the data contained in the transaction form are accurate, and furthermore, I acknowledge that in the event of the above statement being false, I will be liable under the principles resulting from the provisions of Polish law,
    4. I consent to the processing of my personal data provided by the Seller via the purchase form only for the purposes of the correct implementation of the Agreement for the provision of electronic services, concluded by the parties on the terms resulting from the Terms and conditions.
  3. The Customer undertakes in particular to:
    1. compliance with copyrights and industrial property rights, including those resulting from the registration of inventions, patents, trademarks, utility and industrial models of the Seller and third parties, as well as compliance with the rights to protect the image,
    2. refrain from providing illegal content and content contrary to the Terms and conditions,
    3. refraining from any actions that could hinder or interfere with the functioning of the Website and the Store.

§ 4 – PRODUCTS AND GOODS

All products available on www.suntleones.com are brand new, free from physical and legal defects. The Online store is obliged to provide Customers with new goods without defects.

§ 5 – PLACING ORDERS AND ITS IMPLEMENTATION

  1. The information contained on the Website does not constitute an offer within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude the Agreement.
  2. Orders can be placed in the Online store 7 (seven) days a week, 24 hours a day.
  3. The sale of Goods in the Online store takes place in the following currencies: Polish zloty, euro.
  4. The prices given in the purchasing process are gross prices, i.e., they include VAT. The shipping cost is added to the price of the ordered Goods, depending on the selected delivery method, which is indicated in the ordering process and added to the price of Goods at the end of the order.
  5. Orders are delivered only in the territory of the Republic of Poland.
  6. The Customers make a purchase without registration.
  7. In the case of Customers who make a purchase, the necessary condition for the Agreement to be completed is the correct completion of the order form available after adding the Product to the basket and proceeding to the Agreement.
  8. The Customer places an order by adding the Goods to the basket, selecting the quantity of the Goods ordered and the size or color (if these options are available).
  9. After adding Goods to the basket, the Customer has the option to verify the Goods added to the basket, including their possible removal, change the size or color and see the total price of the order.
  10. At this stage, the Customer may return to making further purchases or proceed to the checkout by clicking the appropriate button marked “buy and pay”.
  11. Sending the order to the Seller constitutes an offer to conclude the Agreement.
  12. Before placing the order, the Customer is obliged to confirm that she/he has read the Terms and conditions and accepts the provisions contained, thereby checking the appropriate checkbox. The customer has the option to download the Regulations and save them on her/his computer. The Customer may also have the opportunity to mark another checkbox and agree for sending marketing offers and commercial information by the Seller electronically in the future if she/he is interested in it.
  13. A correctly placed order is immediately confirmed by an e-mail sent automatically by the Store’s sales system to the e-mail address provided by the Customer.
  14. Payment should be made by traditional bank transfer to the following bank account:
    PL 55 1140 2004 0000 3102 7519 2010. The payment is the order number in each case.
  15. The Customer is obliged to pay for the ordered Goods, including delivery costs, no later than within 7 days from the date of the Agreement. In the absence of payment for the Goods covered by the order within 7 days from the date of placing the order, the Online store will cancel the order, about which the Customer will be informed by sending a message to the e-mail address provided by the Customer when placing the order.
  16. The order’s implementation begins after the payment is credited to the Store’s bank account.
  17. The ordered Goods are delivered with the participation of postal operators and courier companies.
  18. Regardless of the value of the order and the price of the purchased Goods, the Customer shall bear the cost of their delivery in accordance with the price list of the Online store. In the case of ordering several Goods, the shipping cost is calculated as for the order of one Good.
  19. The contract concluded between the Customer and the Seller regarding the purchase of a given Good in the Online store is timely and lasts for the order duration.
  20. The place of performance the purchase of Goods in the Online store suntleones.com is the delivery address indicated by the Customer.
  21. Orders are processed in the order in which orders are received until the stocks covered by this form of sale in the Store’s warehouse are exhausted, only on business days from Monday to Friday.
  22. The order fulfillment time on the territory of the Republic of Poland is 3 to 7 business days from the moment the payment is credited to the Seller’s account.
  23. The www.suntleones.com Online store is responsible for the order at each stage of order fulfillment.
  24. Before collecting the parcel from the courier, the customer should check whether the packaging in which the purchased goods was delivered has not been damaged in transit. In the event that the package of the parcel is damaged, the Customer has the right to draw up a report in the presence of the courier and should immediately contact the Online store.
  25. Accounting documents are issued for each order and will be delivered to the customer via e-mail.

§ 6 – WITHDRAWAL FROM THE AGREEMENT (RETURNS)

  1. Within 14 days from the date of receiving the order, the Customer who is a Consumer who concluded the Agreement, may withdraw from it without giving reasons, by submitting an appropriate statement, with the condition that the services and products the purchase of which, in accordance with applicable regulations right, you cannot withdraw, are not subject to return, on the basis of the Act of 30/05/2014 on consumer rights (Journal of Laws of 2014 No. 827), including, for example, when the subject of the contract is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his/her individual needs.
  2. To meet the 14-day period referred to in section 1 above, it is sufficient to send a declaration of withdrawal from the contract before the expiry of this period to the following address: Andrzej Bargiel Sport Promotion, Łętownia 835, 34-242 Łętownia, or a scan of the declaration to the e-mail address: info@suntleones.com. The return procedure will be much faster if the declaration of withdrawal is sent together with the goods it concerns.
  3. In order to submit the declaration referred to in section 2 above, the Customer may use the template of the declaration of withdrawal from the Agreement, available at the link: download here.
  4. In the event of the Customer’s withdrawal from the Agreement, the Agreement is considered void.
  5. The Customer is obliged to return to the Seller the goods covered by the Agreement to which the declaration of withdrawal applies, immediately, but not later than 14 (fourteen) days from the date on which he/she withdrew from the agreement. The Customer is obliged to return to the Seller the goods covered by the Agreement to which the declaration of withdrawal applies, immediately, but not later than 14 (fourteen) days from the date on which he withdrew from the agreement to the following address: Andrzej Bargiel Sport Promotion, Łętownia 835, 34-242 Łętownia. To meet the deadline, it is enough to return the goods before its expiry. The return procedure will be significantly faster if the goods are sent together with a declaration of withdrawal from the contract, due to the circumstance indicated in paragraph 8 below regarding the possibility of the Seller withholding the refund in the cases specified in this paragraph.
  6. The customer bears the direct costs of returning the goods.
  7. The consumer is liable for a decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
  8. Immediately, but no later than 14 days from the date of receipt of the declaration of withdrawal from the Agreement, with the provision that the reimbursement of the payment may be withheld until the goods are received by the Seller or until the Customer provides proof of its return to the Seller, depending on whichever occurs first, the Seller returns to the Customer all payments received from the Customer, including, reservation to paragraph 9 below, the costs of delivering items to the Customer.
  9. If the Customer chose a delivery method other than the cheapest standard delivery method offered by the Seller, then, in the event of withdrawal from the Agreement, the Seller is not obliged to reimburse the Customer for additional costs incurred by him/her.
  10. The reimbursement is made using the same method of payment as used by the customer, unless the customer agrees to a different method of return, which does not involve any costs for him/her.

§ 7 – COMPLAINT

  1. The Seller is obliged to provide the Customer with goods free from physical and legal defects. The seller is liable to the customer if the goods have a physical or legal defect (warranty).
  2. If the Product has a defect, the Customer may:
    • submit a declaration of price reduction or withdrawal from the Agreement unless the Seller immediately and without undue inconvenience to the Customer replaces the product with a product free from defects or removes the defect.
      This limitation does not apply if the item has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the item with a non-defective one or remove the defect. If the Customer is a Consumer, he/she may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a non-defective one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the Agreement in the manner chosen by the Customer or would require excessive costs compared to the manner proposed by the seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are considered, as well as the inconvenience to which the Customer would otherwise be exposed.
    • demand replacement of the defective product with one free from defects or removal of the defect. The seller is obliged to replace the defective product with a product free from defects or remove the defect within a reasonable time without undue inconvenience to the customer.
      The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective goods into compliance with the Agreement in the manner chosen by the Customer or would require excessive costs compared to the other possible method of compliance with the Agreement. The costs of repair or replacement are borne by the Seller.
  3. Complaints under the warranty should be submitted within the time limits provided by law, to the e-mail address: info@suntleones.com. In order to improve the complaint procedure, the goods under complaint should be delivered together with a proof of purchase and a complaint notification (including an indication of the person submitting the complaint, a request to settle the complaint and indication of the defect of the goods, reasons for the complaint).In order to submit a complaint, the Customer may use the complaint form template, available at the link: download here.
  4. In the event that the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller asks the person submitting the complaint to supplement them in the indicated scope.
  5. The Seller will respond to the request within 14 (fourteen) days from the date of submitting the complaint by the Customer. If the Seller does not respond to the Customer’s requests within these 14 days, it means that they considered the requests justified.
  6. The Seller shall notify the Customer about the consideration of the complaint and its result in a message sent to the e-mail or correspondence address provided by the Customer in the complaint.
  7. In each case, when the fulfilment of the Customer’s requests involves the delivery of a new or repaired product, the Seller shall bear the delivery costs.
  8. The customer who exercises the right under the warranty is obliged to deliver the defective goods to the seller’s address. The costs of delivery of the defective goods by the Consumer are borne by the Seller.
  9. The complaint procedure applies respectively to services provided electronically by the Seller. Complaints about services can also be submitted to the Store’s e-mail address: info@suntleones.com.

§ 8 – INTELLECTUAL PROPERTY

  1. The Sunt Leones Heritage brand designation is a registered trademark. Its use is possible only with the prior consent of the authorized entity.
  2. The materials on the Website of the Online store, including mainly photos, texts, including descriptions of goods, are subject to copyright protection. Their use is possible only with the prior consent of the authorized entity.

§ 9 – PRIVACY POLICY AND SECURITY OF PERSONAL DATA

  1. The administrator of databases of personal data provided by the store’s Consumers is the Seller.
  2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997, and the Electronic Services Provision Act of July 18, 2002. By providing his personal data to the Seller when placing the order, the Customer agrees to their processing by the Seller in order to complete the Agreement. The Customers retain the right to view, correct, update, and delete their personal data at any time.
  3. Sending marketing offers and commercial information electronically is possible only after the Customer expresses a separate consent.

§ 10 – NEWSLETTER

  1. The Customer may consent to the disclosure of his e-mail address also for the purpose of using it by the Seller to send the Customer commercial information (hereinafter: “Newsletter“) regarding the activities, including the Seller’s Goods.
  2. The conclusion of the contract for the provision of the Newsletter service takes place when the Customer confirms the subscription to the Newsletter via the link in the e-mail received by the Customer after entering his e-mail in the appropriate place on the Online store website.
  3. A message sent by e-mail as part of the Newsletter service includes:
    1. the Seller’s data as the sender of the Newsletter,
    2. indication of the topic defining the content of the Newsletter,
    3. commercial information,
    4. information on how to unsubscribe from the Newsletter.
  4. The Newsletter service will be provided for an indefinite period. The Customer may at any time opt-out of receiving the Newsletter by sending an e-mail with information about resignation from the Newsletter to the following address: info@suntleones.com  or by clicking on a specially marked link under the content of the Newsletter message.

§ 11 – FINAL PROVISIONS

  1. These regulations are part of the content of the concluded Agreement, and its content may be recorded by printing, saving on a carrier or downloading from the Online store website.
  2. The Seller reserves the right to amend these Terms and conditions in the event of a change in the law or in order to improve the operation of the Website, as well as to improve the protection of customer privacy and prevent abuse. The Seller will inform the Customers about the change in the Terms and conditions by means of an electronic message containing a link to the text of the new regulations. The new version of the regulations is binding for registered customers if they do not declare that they do not accept the changes introduced in the regulations within 7 days from the date of its receipt. Orders placed before the amendments to the Terms and conditions come into force are implemented in accordance with the current content of the Terms and conditions.
  3. These regulations have been drawn up based on the provisions of Polish law. In matters not covered by these Terms and conditions, the provisions of Polish law shall apply, including the Civil Code, the Act on consumer rights or other laws applicable to the operation and performance of the online store in force in the territory of the Republic of Poland.
  4. In the scope of Agreements concluded between the Seller and Customers who are not Consumers, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is not a Consumer.
  5. Any disputes related to the services provided by the Online store will be settled by common courts and the applicable law is Polish law. The customer who is a consumer has the option of using an out-of-court method of dealing with complaints and redress. The rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, and Voivodeship Inspectorates of the 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,
    • http://www.uokik.gov.pl/wazne_adresy.php.

    It is also possible to use the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform), which is available at: http://ec.europa.eu/consumers/odr

  6. The provisions of the Regulations do not exclude the possibility for customers to refer to the mandatory provisions of law governing the protection of consumer rights, including those in force in the country where the consumer has his/her place of residence and the provisions in force there are more favourable for the consumer than the provisions of Polish law.

 

 

 

 

 

 

 

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