Shop rules - clubfootsupplies

GENERAL PROVISIONS AND CONTACT DETAILS
DEFINITIONS
TECHNICAL REQUIREMENTS
ELECTRONIC SERVICES AVAILABLE IN THE ONLINE STORE
SUBMISSION AND FULFILLMENT OF ORDERS
PRODUCT PRICES AND PAYMENT
COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
COMPLAINTS AND PRODUCT WARRANTIES
WITHDRAWAL FROM THE CUSTOMER AGREEMENT
PROVISIONS CONCERNING ENTREPRENEURS
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
INTELLECTUAL PROPERTY AND COPYRIGHT
PROTECTION OF PERSONAL DATA AND COOKIES
EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS, AS WELL AS RULES OF ACCESS TO THESE PROCEDURES
FINAL PROVISIONS
ATTACHMENTS

1. GENERAL PROVISIONS AND CONTACT DETAILS

These Regulations define the rules for using the Online Store available at the following internet address: https: //clubfootfactory.pl ( hereinafter referred to as the Store), in particular the conditions for concluding (placing Orders) and terminating contracts as well as the complaint procedure.
The owner of the Store is Aleksandra Adamczyk, running a business under the name Clubfoot Factory Aleksandra Adamczyk entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy under the NIP number: 9691533843 and REGON: 382754444
The Customer may contact the Seller in the following way:
a. At the address: ul. Wolności 45C, 44-190 Knurów;
b. by e-mail: kontakt@clubfootfactory.pl
c. by phone: (+48) 511 299 913;
d. via the Store’s contact form: https://clubfootfactory.pl/kontakt/
The Seller provides the Customer or User with the Regulations free of charge before using the Online Store. The Customer may record the content of the Regulations in a convenient way, e.g. by saving it on a durable medium or printing it.
These Regulations are addressed to both Consumers and Entrepreneurs and Entrepreneurs with Consumer Rights, using the Online Store https://clubfootfactory.pl
The condition for using the Store and concluding a Sales Agreement is the acceptance of the provisions of these Regulations. By accepting it, the customer agrees to all provisions and undertakes to comply with them.
Agreements concluded through the Online Store are concluded in Polish.
The prices given in the Store are given in Polish zlotys and include VAT (gross prices).
Information about the Products is provided on the Store’s websites, in particular their descriptions, technical parameters and prices, do not constitute an offer within the meaning of the Civil Code, but are only an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
As part of using the Store, it is prohibited to:
a.send and place spam within the Store;
b. providing or transferring content prohibited by law, in particular as part of the forms available in the Store.
It is obligatory to:
a. Use the Store in a manner consistent with the Regulations and legal provisions;
b. using the Store in a way that does not interfere with its functioning;
c. use of any content posted on the Store’s websites only for personal use, in accordance with the license granted (if such was granted).
The customer cannot make a purchase anonymously or under a pseudonym or using incorrect personal data.

2. DEFINITIONS

The terms used in the Regulations mean:

Delivery – means the actual act of delivering to the Customer the Product specified in his Order.
Supplier – means an entity with which the Seller cooperates in the delivery of Products.
Proof of payment – an invoice or a receipt issued in accordance with the Value Added Tax Act of March 11, 2004 and other applicable laws.
Business day – one day from Monday to Friday, excluding public holidays.
Prices – Product value expressed in money. All Prices indicated in the Store are given in Polish zlotys (PLN) and are gross prices (i.e. they include all components such as duties and taxes). The given Prices of the goods do not include the cost of the Delivery, which depends on the method of its implementation. If the Payment is made on delivery, an additional fee is charged in the amount specified before placing the Order.
Order form – the Store form by means of which the Customer may place an Order and perform the Sales Agreement, in particular by adding Products to the electronic Cart and defining the terms of the Sales Agreement, including the method of Delivery and Payment.
Warranty – the Producer’s assurance of the quality of the goods, regardless of whether he was the Seller or not. The quality guarantee is provided by the Manufacturer voluntarily, usually with the release of the Goods. It is a written document specifying the period for which the Quality Guarantee is granted and under what conditions.
Guarantor – entity granting the Guarantee. The guarantor may in particular be the manufacturer, distributor, importer or seller of things.
Commercial information – commercial information within the meaning of art. 2 point 2 of the Act on the provision of electronic services, in particular advertising, commercial offer and information about news, promotions and other events regarding the Store.
Customer / buyer – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity | (2) legal person or | (3) an organizational unit without legal personality, whose the act grants legal capacity which has concluded or intends to conclude a Sales Agreement with the Seller.
Civil Code – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
Consumer – a Customer who is a natural person who purchases any Products or services via the Website for purposes not directly related to the business or professional activity of that person (within the meaning of Article 221 of the Civil Code).
Customer Account (Account) – means an individual panel for each Customer launched on his behalf by the Seller, after the Customer has registered and concluded the Agreement for the provision of the Customer Account service.
Shopping Cart – an element of the Online Store software. The use of the Online Shopping Cart is the same as a normal shopping cart. The customer browsing the Store’s offer selects Products (which he wants to order) and adds them to the Cart. Adding (throwing) Products to the Cart is done by pressing the appropriate button or hyperlink. The Store’s customer may at any time process the data from the Shopping Cart into the content of the Order, which is sent to the Online Store. In most implementations, the Buyer also has the option of removing Products from the Cart and changing the number of items ordered (if a given quantity of Goods is available).
Payment operator – PayNow operated by mBank SA with its registered office in Warsaw at ul. Senatorska 18, entered into the Register of Entrepreneurs kept by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register under the KRS number 0000025237, with the tax identification number NIP: 526-021-50-88
Payment – payment to the Seller’s account via the Online Payment methods available in the Store or payment upon receipt of the Product – depending on the selected form of Payment and the ordered Product.
Product / goods – a movable item that the Customer can purchase in the Online Store. All Products offered in the Online Store are brand new, free from physical and legal defects. All products have been legally placed on the Polish market.
Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
Entrepreneur with consumer rights – an Entrepreneur ordering Products related to his business activity, but not having a professional nature for the Entrepreneur, in accordance with art. 38 a of the Act on consumer rights and art. 3855, art. 5564, art. 5565 and art. 5765 of the Civil Code.
Registration – means the actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
Regulations – these Regulations of the Online Store.
Warranty – statutory, sometimes obligatory liability of the Seller towards the Buyer for physical and legal defects of the sold item.
Complaint – expression by the Customer of dissatisfaction with the Product, service, course of the sales process, unfulfilled expectations, disapproval of the existing condition that differs from the expectations in relation to a specific item or service.
GDPR – means Regulation of the European Parliament and of the Council EU 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation ).
Online Store (Store) – it ought to be understood as the website run by the Seller, available at the electronic address: https://clubfootfactory.pl , through which the Customer can obtain information about the Product and its availability and purchase the Product.
Force majeure – means an external event, impossible to predict and prevent with due diligence. Force majeure are, in particular, catastrophic acts of nature, acts of the legislative and executive authorities, as well as strikes, riots and warfare on the territory of the Republic of Poland.
Seller / Service Provider – Aleksandra Adamczyk, running a business under the name Clubfoot Factory Aleksandra Adamczyk, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having an address for business under the NIP number: 9691533843 and REGON: 382754444, lives at ul. Wolności 45C, 44-190 Knurów.
e-mail: kontakt@clubfootfactory.pl
tel. (+48) 511 299 913
System – a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network (Internet).
Distance contract – a civil law contract concluded with the Customer as part of the Store, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
Electronic service – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
Recipient – a natural person, legal person or an organizational unit without legal personality that uses the Service provided electronically.
Act on the protection of personal data – the Act of 10 May 2018 on the protection of personal data (Journal of Laws 2018, item 1000, as amended).
Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
Order – an activity, a declaration of intent by the Customer, aimed directly at concluding a Product Sales Agreement with the Seller and performance for the benefit of the Customer, under the conditions specified in these Regulations.

3. TECHNICAL REQUIREMENTS

The Customer may use the provided functions of the Online Store in a manner consistent with the Regulations and applicable law and in a manner that does not interfere with the functioning of the Online Store and other Customers.
Technical requirements necessary for cooperation with the ICT system used by the Seller:
a. Computer, laptop or other multimedia / mobile device with Internet access;
b. Internet access;
c. properly configured, current version of the web browser that supports cookies, e.g.
– Mozilla Firefox version 17.0 and higher;
– Internet Explorer version 10.0 and higher;
– Opera version 12.0 and higher;
– Google Chrome version 23.0. and higher;
– Safari version 5.0 and higher;
– Microsoft Edge version 25.10586.0.0 and higher
d. An active and properly configured e-mail account.
The Seller provides technical measures to prevent the acquisition, modification or distortion of personal data and information by customers and by unauthorized third parties.
The Seller takes appropriate actions to ensure the proper functioning of the Store.
The Seller is not responsible for technical problems or technical limitations that occur in the computer equipment or software used by the Customer to use the Store, and which prevent or hinder the Customer’s use.
The seller is not liable for damages caused by force majeure, including any damages caused by incorrect data transfer in the system, writing or reading messages, loss of data transmitted in the message, as well as damages caused by threats existing on the Internet, such as system hacking or virus infection of the client’s system.

4. ELECTRONIC SERVICES AVAILABLE IN THE ONLINE STORE

The following electronic services are available in the online store:
Account – the use of the Account is possible after the Service Recipient has completed a total of four consecutive steps:
a. Completing the registration form;
b.acceptance of the content of the Regulations and the Privacy Policy by checking the appropriate box in the form (checkbox);
c. clicking the “Create an account” field;
d. confirming the willingness to create an account by clicking on the confirmation link, sent automatically to the e-mail address provided.
In the registration form, it is necessary for the recipient to provide the following data of the recipient:
a. Name and surname / company name;
b. correspondence address (street, house / flat number, zip code, city, country);
c. e-mail address;
d. contact telephone number;
e. individual password;
f. in the case of service recipients who are not consumers, it is also necessary to provide the company name and tax identification number.
Registration is not necessary to place an Order in the Online Store.
When completing the registration form, the Customer has the opportunity to read these Regulations, available on the Website on which he registers.
The ‘Account’ electronic service is provided free of charge for an indefinite period. The Service Recipient may at any time and without giving any reason delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider. It may be done in two ways:
a. In writing to the following address: Clubfoot Factory Aleksandra Adamczyk, ul. Wolności 45C, 44-190 Knurów
b. In electronic form via e-mail to the following address: kontakt@clubfootfactory.pl
The Seller may terminate the contract for the provision of electronic services immediately (deletion of the Account) when it ceases to operate or when the Customer grossly or persistently violates the law or the Regulations, in particular when providing illegal content, after at least one unsuccessful call to stop or delete violations with an appropriate deadline.
Order form – the use of the order form begins when the Customer adds the first Product to the electronic Cart in the Online Store. Placing an Order takes place after the Customer completes two consecutive steps:
a. Completing the order form;
b. clicking on the website of the Online Store after completing the order form, the field “Order and pay” – until then it is possible to modify the entered data (to do this, follow the displayed messages and information available on the website of the Online Store).
In the order form, it is necessary for the customer to provide the following data:
a. Name and surname;
b. company name (optional);
c. Tax Identification Number (optional);
d. mailing and shipping address (street, house / flat number, zip code, city, country);
e. contact telephone number;
f. e-mail address;
g. Product / s with their specification (generated automatically after adding to the Cart);
h. the chosen method of delivery of the Products;
i. Payment method;
The electronic service ‘order form’ is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer stops placing the Order through it.
The Seller reserves the right to periodically disable the Store’s availability in order to expand, modernize or maintain it, and also terminate the provision of services at any time by closing some or all of the website, after publishing relevant information in it.

5. SUBMISSION AND FULFILLMENT OF ORDERS

The Customer may place Orders via:
a. The order form in the Online Store via the Store’s Website;
b. electronic mail (e-mail);
c. via the Messenger internet messenger (Facebook platform).
Placing orders via the order form in the Online Store:
a. Placing Orders via the Order Form in the Online Store is possible 7 days a week, 24 hours a day.
b. After selecting the Product, in order to make a purchase, the Customer should take further steps in accordance with the messages displayed on the Store’s website.
c. The Customer placing an Order via the Online Store completes the Order by selecting the Products he is interested in and adds them to the virtual Basket, specifying their quantity, color and other parameters that can be selected.
d. After completing the entire Order and indicating the method of Delivery and the form of Payment in the Order, as well as selecting the selected checkboxes (which are variable depending on the type of product), after completing the form with personal data necessary to complete the order, confirms the Order using the available Form orders by selecting the “BUY AND PAY” button.
e. The conclusion of the Sales Agreement between the Customer and the Seller takes place at the time of order confirmation with the “BUY AND PAY” button.
f. Each time before placing an Order, the Customer is informed about the selected Products, the Seller’s data, the total Price for the selected Product and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement, if necessary.
g. In the Order form, it is necessary for the Customer to provide the data contained in Chapter 4, point 9.
Placing orders via e-mail:
a. Placing orders via e-mail is possible 7 days a week, 24 hours a day.
b. A customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Online Store website.
c. In the message sent to the seller, the customer specifies in particular:
– the name of the Product (s) from among those available in the Online Store;
– size, color and quantity of Products;
– your contact details contained in Chapter 4, point 9.
d. After receiving the message from the Customer by e-mail referred to in points b and c of this part, the Seller sends the Customer a return message via e-mail, attaching the Purchase Regulations, Privacy Policy and providing the Seller’s details, Price of selected Goods and possible forms of Payment, methods of Delivery together with with their cost, as well as information on all additional payments that the Customer would have to incur under the Sales Agreement.
e. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an Order by sending an e-mail to the Seller and indicating the selected form of Payment and the method of Delivery.
f. Each time before placing an Order, the Customer is informed about the selected Products, the Seller’s data, the total Price for the selected Product and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement, if necessary.
g. Placing an order, referred to in points b and c, constitutes the submission by the Customer of an offer to conclude a Contract for the sale of Goods, which are the subject of the Order.
h. After placing the Order, the Seller sends to the e-mail address provided by the Customer confirmation of the Order and all its essential elements.
i. Confirmation of acceptance of the Order is the Seller’s declaration of acceptance of the offer and the Sales Agreement is concluded upon its receipt by the Customer.
j. Confirmation of the acceptance of the Order for execution takes place by sending a separate e-mail to the Customer.
Placing orders via Messenger (Facebook platform):
a. Placing Orders via Messenger (Facebook platform) is possible 7 days a week, 24 hours a day.
b. The customer placing an Order via Messenger (Facebook platform) does it via the Store’s website (Seller’s profile) on the Facebook social network: https://www.facebook.com/clubfootfactory/
c. The customer in a message sent to the seller , provides in particular:
– the name of the Product (s) from among those in the Online Store;
– size, color and quantity of Products;
– your contact details contained in Chapter 4, point 9.
d. After receiving the message from the Customer by e-mail referred to in points b and c of this part, the Seller sends the Customer a return message via e-mail, attaching the Purchase Regulations, Privacy Policy and providing the Seller’s details, Price of selected Goods and possible forms of Payment, methods of Delivery together with with their cost, as well as information on all additional payments that the Customer would have to incur under the Sales Agreement.
e. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an Order by sending an e-mail to the Seller and indicating the selected form of Payment and the method of Delivery.
f. Each time before placing an Order, the Customer is informed about the selected Products, the Seller’s data, the total Price for the selected Product and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement, if necessary.
g. Placing an order, referred to in points b and c, constitutes the submission by the Customer of an offer to conclude a Contract for the sale of Goods, which are the subject of the Order.
h. After placing the Order, the Seller sends to the e-mail address provided by the Customer confirmation of the Order and all its essential elements.
i. Confirmation of acceptance of the Order is the Seller’s declaration of acceptance of the offer and the Sales Agreement is concluded upon its receipt by the Customer.
j. Confirmation of the acceptance of the Order for execution takes place by sending a separate e-mail to the Customer.

6. PRICES OF PRODUCTS AND FORMS OF PAYMENT

The Product prices posted on the Store’s website are gross prices and include all taxes required by applicable legal provisions (including VAT).
The Seller reserves the right to change the prices of Products presented in the Store, introduce new Products, withdraw Products, conduct promotions and give discounts, as well as temporarily offer Products free of charge. The above right does not affect Orders that were placed before the effective date of any of the changes. Details and duration are always included in the description of a given Product.
The Seller provides the Customer with the following methods of Payment under the Contract of Sale:
a. Payment by bank transfer to the Seller’s bank account;
b. payment through the PayNow and PayPal fast online payment system;
c. payment by credit card upon personal pickup of the shipment from the Seller;
d. cash payment upon personal collection of the Product from the Seller:
e. cash payment upon delivery from the courier.
If the customer chooses to pay by traditional transfer, the customer is obliged to make the Payment within 7 calendar days from the date of the Sale Agreement.
In the case of electronic payments, the Product will be sent after receiving and posting the transfer on the Seller’s bank account.
If the Customer chooses to pay in cash on delivery on delivery or in cash on personal collection, the Customer is obliged to make the payment on delivery.

Find out more about payment methods in the tab: PAYMENTS

7. COST, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT

Product delivery is available on the territory of the Republic of Poland. Shipment outside this area is possible after prior arrangement with the Seller and its cost may be different than in domestic traffic.
The delivery of the product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store’s website in the information tab regarding the time and costs of delivery and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
The Seller provides the Customer with the following methods of Delivery or collection of the Product:
a. Courier delivery (prepayment to the Seller’s account);
b. cash on delivery courier;
c. InPost parcel locker;
d. personal collection of the Product at the following address: ul. Wolności 45C, 44-190 Knurów – by appointment.
The Seller reserves the right to refuse to implement part or all of the Order in cases where:
a. Such right or obligation results from the provisions of generally applicable law;
b. the electronic Order form has not been completed correctly and the Seller cannot contact the Customer to verify his data;
c. The product has been withdrawn from the market or suspended in circulation in the territory of the Republic of Poland after placing the Order.
If the Seller refuses to execute the Order or is unable to complete the Order for reasons beyond his control, not later than within 5 (five) working days from the date of placing the Order, he will notify the Buyer by e-mail and return the value of the Order to the Buyer. Entire.
The deadline for completing the Order (completing the Order by the Store until the package with the Order is released to the carrier or directly to the Customer) is from 1 to 21 business days. In the case of Products with different delivery dates, the date of its implementation is the longest given date. The beginning of the order fulfillment period is counted as follows:
a. If you choose Payment by bank transfer, Electronic payments or by payment card – from the date the amount is credited to the Seller’s bank account (the date the payment is credited);
b.if the customer chooses the method of payment in cash on delivery – from the date of the sale contract.
The time of delivery of the Product to the Customer is usually from 1-3 business days. This term is related to the conditions specified by the Suppliers.

Find out more about payment methods in the tab: DELIVERY TIME AND COSTS

8. COMPLAINTS, GUARANTEES, RECOVERY

The seller is liable to the customer who is a consumer within the meaning of art. 221 of the Civil Code for non-compliance with the Sales Agreement for Products purchased by the Customer (warranty), as well as in accordance with the provisions of the Act on consumer rights and art. 556 et seq. Of the Civil Code.
The Seller is obliged to provide the Customer with a Product that is free from defects and complete.
Complaints about a defective Product may be made in two ways, specified by law, in particular in the Civil Code:
a. Warranty provided by the Manufacturer (Civil Code, Articles 556-576);
b. warranty (non-compliance of the product with the contract) (Civil Code, Articles 577-582).
The quality guarantee is provided by the Manufacturer voluntarily, usually with the release of the goods.
The guarantee is granted by submitting a guarantee statement, which specifies the obligations of the Guarantor and the Buyer’s rights in the event that the item sold does not have the properties specified in this statement.
The Seller issues a guarantee document to the Buyer together with the item sold and checks the compliance of the markings on the goods with the data contained in the guarantee document.
The Buyer may exercise the rights under the warranty for physical defects of things, regardless of the rights resulting from the Warranty. This means that the mere granting of the Guarantee does not exclude, limit or suspend the Buyer’s rights under the warranty. If the Guarantor is unable to fulfill the service, the Buyer may pursue the same warranty claim.
The Buyer who exercises the rights under the Warranty is obliged to deliver the defective Product at the expense of the Producer or the Seller to the place specified in the contract of sale, and if such a place is not specified in the contract – to the place where the item was delivered to the Buyer.
If, in the performance of his obligations, the Guarantor provided the holder of the warranty with an item free of defects instead of the defective item or made significant repairs to the item covered by the Warranty, the warranty period starts anew from the moment of delivery of the item free of defects or return of the repaired item.
The Seller is liable under the warranty if a physical defect of the Product is found within two years of the Product being delivered to the Buyer.
The claim for the removal of the defect or the replacement of the item sold for one free from defects expires after one year from the date of finding the defect.
If the Buyer is a Consumer and the physical defect has been found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the risk passed to the Buyer.
If the sold Product has a defect, the Buyer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Buyer replaces the defective Product with a defect-free one 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 Product with a non-defective one or to remove the defect.
If the Customer requested replacement of the Product with a Product free from defects or removal of the defect, the deadline to withdraw from the sales contract or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or removing the defect.
The Seller may refuse to satisfy the Buyer’s request if it is impossible to bring the defective Product into compliance with the contract in the manner chosen by the Buyer or would require excessive costs compared to the second possible method of bringing it into compliance with the contract.
If the Buyer exercises the rights under the Warranty, the time limit for the exercise of the rights under the warranty is suspended on the day the Seller is notified of the defect. This period runs further from the date of the Guarantor’s refusal to perform the obligations under the Guarantee or the ineffective expiry of the time for their performance.
The Buyer who exercises the rights under the warranty is obliged to deliver the defective item at the Seller’s expense to the place indicated in the contract of sale, and if such a place is not specified in the contract – to the place where the item was delivered to the Buyer.
In the case of a Customer who is not a consumer, shipping costs are always covered by the Customer.
If the Customer is not a Consumer:
a. Liability under the warranty for physical defects of the goods is excluded (Article 558 et seq. Of the Civil Code);
b. the Seller’s liability covers only the actual damage;
c. the Seller’s liability is limited to the value of the order;
d. The Seller is not responsible for the actions and omissions of third parties, including mail providers, internet services, etc.
The complaint may be submitted by the Customer:
a. In writing to the following address: Clubfoot Factory Aleksandra Adamczyk, ul. Wolności 45C, 44-190 Knurów;
b. in electronic form via e-mail to the following address: kontakt@clubfootfactory.pl
In order to carry out the complaint procedure efficiently, the Buyer may use the “Complaint form in the case of a consumer” (Appendix No. 4) or the “Complaint form in the case of an entrepreneur with consumer rights ” (Appendix No. 5).
If the complaint form is not used, the Seller recommends that the complaint should contain the following data in the description of the complaint:
a. Name and surname of the Customer;
b. correspondence address (street, house / flat number, zip code, city, country);
c. contact telephone number;
d. e-mail address;
e. Order number with the date of its submission;
f. the date of filing the complaint;
g. the subject of the complaint (type of defect in the Product);
h. the reason for the complaint;
i. demand a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement;
i. signature (only in the case of a complaint submitted in writing and sent by post) – this will facilitate and accelerate the consideration of the complaint by the Seller.
The customer has the option of sending photographic documentation of the advertised Product to the Seller’s traditional address or to the Seller’s e-mail address, which will facilitate the Seller’s recognition or refusal to accept the request containing the complaint.
The above requirements are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Seller will respond to the Customer’s complaint immediately, no later than within 14 calendar days from the date of its submission.
If the Buyer who is a Consumer has requested replacement of the item or removal of the defect or submitted a declaration of price reduction, specifying the amount by which the Price is to be reduced, and the Seller has not responded to this request within 14 days, it is considered that the request was considered justified.

Find out more about payment methods in the tab: COMPLAINTS AND RETURNS

9. WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

The consumer has the right to withdraw from a distance contract within 14 days from the date of its conclusion, without giving any reason, subject to paragraph 6.
To exercise this right, the Consumer must inform the Seller about his decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by e-mail or via the contact form available on the Store’s website). To meet the deadline to withdraw from the contract, it is enough for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
The consumer may use the “Form of withdrawal from the contract in the case of a consumer” constituting Appendix 2 to these Regulations.
The Seller is obliged to immediately, no later than within 14 days from the receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all Payments made by him, including the cost of Product Delivery, subject to paragraph 6 of this part of the Regulations.
The Seller shall refund the Payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
The right to withdraw from a distance contract is not available to the Consumer in the following cases:
a.for the provision of a service, if the Entrepreneur has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Entrepreneur had fulfilled the service, he would lose the right to withdraw from the contract;
b. for the provision of a service in which the price or remuneration depends on fluctuations in the financial market over which the Entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
c. for the provision of a service in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs; (find out more about the Products in the tab: COMPLAINTS AND RETURNS )
The Seller may withhold the reimbursement of Payments until receipt of the Physical Product or until proof of its return is provided, whichever occurs first.
If the Consumer has chosen a method of delivering a Physical Product other than the cheapest possible method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The consumer is obliged to return the Physical Products to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. The deadline is met if the Consumer sends the returned physical Product to the Seller’s address before the expiry of the 14-day period.
The consumer is obliged to cover the direct costs of returning the Product as a withdrawal from the contract (costs of returning the Product to the Seller).
The consumer is responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functionality of the Product.
In the case of issuing a correcting invoice, the invoice will be issued by the Store at the time of returning the money to the Customer’s account. The invoice will be sent to the Customer by e-mail to the e-mail address provided when placing the Order, to which the Customer agrees.

10. PROVISIONS CONCERNING ENTREPRENEURS

The provisions of this paragraph apply to the Store’s Customers who are Entrepreneurs.
In the case of the sale of the Product in trade between Entrepreneurs pursuant to art. 558 § 1 of the Civil Code, the parties exclude the Store’s liability under the warranty for physical and legal defects of things.
In the case of Customers who are not Consumers, the Seller may terminate the contract for the provision of electronic services consisting in maintaining the Customer Account with immediate effect and without giving reasons by sending the Customer an appropriate statement, also by electronic means to the e-mail address provided by him for registration of the Account. It does not raise any claims against the Seller.
The Seller has the right to withdraw from the contract concluded with the Customer who is not a Consumer without giving any reason, within 14 calendar days from the date of its conclusion, by sending the Customer an appropriate statement, also by e-mail to the e-mail address provided by him for registration of the Account. It does not raise any claims against the Seller.
If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the shipment in time and in the manner adopted for the given type of shipment. He should immediately carry out activities aimed at determining the liability of the carrier. In such a case, the Seller shall not be liable for any loss, defect or damage to the Product arising from its acceptance for transport until it is released to the Entrepreneur and for delay in transporting the shipment.
In relation to the Clients who are Entrepreneurs, the Seller has the right to independently indicate and limit the available Payment methods and require prepayment in whole or in part, regardless of the Payment method chosen by the Entrepreneur or the conclusion of the Sales Agreement.
The Seller’s total liability towards the Entrepreneur (Customer) for non-performance or improper performance of the Sales Agreement is limited to the amount of the Product Price paid and the costs of Delivery under the Sales Agreement and the placed Order, in the event of deliberate damage. The Seller is not responsible for the lost profits in relation to the Entrepreneur.
Settlement of any disputes between the Seller and the Customer who is not a consumer within the meaning of art. 221 of the Civil Code, is subject to the court having jurisdiction over the seat of the Seller.

11. PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS

An entrepreneur with the rights of a consumer is an entrepreneur who makes purchases in the Store that are related to his business activity, but do not have a professional nature for him, resulting in particular from the subject of his business activity pursuant to the provisions on the Central Register and Information on Economic Activity, in accordance with Art. 38a of the Act on consumer rights.
The entrepreneur referred to in point 1 of this part will be subject to the provisions of these Regulations that apply to the Consumer, i.e., inter alia:
a. Services provided electronically;
b. withdraw from the contract by the Consumer;
c. complaints and warranty
in the limited scope of art. 38 a of the Act on consumer rights and art. 385/5, art. 556/4, art. 556/5 and art. 576/5 of the Civil Code. In the remaining scope, the provisions of the Regulations concerning Entrepreneurs shall apply.
An entrepreneur with consumer rights, accepting these Regulations during the purchasing process, and then using his rights listed in this part, should complete the appropriate “complaint form in the case of an entrepreneur with consumer rights” (Annex 5) or “withdrawal form in the case of an entrepreneur on consumer rights “ (Annex 3), in particular the data confirming the circumstances confirming its status in accordance with Art. 38a of the Act on consumer rights or provide this information in another way.
The entrepreneur referred to in the above paragraph declares in the form sent to the Seller or otherwise that the purchased Product / s, and thus the concluded Sales Agreement, are directly related to his business activity, but they do not have a professional nature for him, resulting in particular from the subject of business activity on the basis of the provisions on the Central Register and Information on Economic Activity, which proves that it meets the conditions for such an entrepreneur to be considered. The forms constitute attachments to these Regulations.

12. INTELLECTUAL PROPERTY AND COPYRIGHT

Products and services provided by the Seller, available in the Store: content, texts, logos, photos, company names, trademarks, logos of Products of other authors, graphic design may be works within the meaning of the Act of February 4, 1994 on copyright and rights related, are subject to legal protection and constitute the intellectual property of the Seller and / or third parties who are their owners / authors, and which have been made available only for the use of the Store, which the Customer accepts by accepting the Regulations.
In the event of the intention to use the Product or the above-mentioned elements in a manner inconsistent with the purpose and functionalities indicated in these Regulations, the Customer is obliged to obtain the Seller’s written consent.

13. PROTECTION OF PERSONAL DATA AND COOKIES

Pursuant to Art. 13 sec. 1 and sec. 2 GDPR (i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC) and the Act of May 10, 2018 on the protection of personal data, I inform you that:
The administrator of the Customer’s personal data is Clubfoot Factory Aleksandra Adamczyk , NIP: 9691533843, REGON: 382754444, also referred to in the Regulations as the Seller. The administrator independently performs the tasks of the Personal Data Protection Inspector.
You can contact the Administrator:
a. At: Clubfoot Factory Aleksandra Adamczyk, ul. Wolności 45C, 44-190 Knurów;
b. by e-mail: kontakt@clubfootfactory.pl
c. by phone: (+48) 511 299 913;
d. via the Store’s contact form: https://clubfootfactory.pl/kontakt/

See the PRIVACY AND COOKIES POLICY

14. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND CLAIMS BY THE CONSUMER

The law applicable to any disputes related to the Regulations is Polish law.
The Seller agrees to submit any disputes arising in connection with the concluded contracts for the delivery of the Product through mediation proceedings. Details will be determined by the parties to the conflict.
The consumer has the option of using extrajudicial means of dealing with complaints and redress. The consumer has the option of, inter alia, to:
a. to apply to a permanent amicable consumer court with a request to settle the dispute arising from the concluded contract;
b. apply to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller:
c. free use of the assistance of the Poviat (Municipal) Consumer Ombudsman or a social organization whose statutory tasks include consumer protection ( including the Consumers’ Federation, the Association of Polish Consumers).
The consumer may search for more detailed information on out-of-court complaint and redress procedures on the website http://www.uokik.gov.pl and at the offices and websites of poviat (municipal) consumer ombudsmen, social organizations for which statutory tasks it is necessary to protect consumers or Provincial Inspectorates of the Trade Inspection.
The consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr.The
platform is used to settle disputes between Consumers and Entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract of sale. provision of services.
The case may be considered by the arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to it. In other cases, any disputes shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

15. FINAL PROVISIONS

These Regulations constitute an integral part of the contract concluded between the Seller and the Buyer and shall apply from 01/01/2021.
The Store reserves the right to amend the Regulations for important reasons, that is:
a. Changes in the law;
b. changes in payment and delivery methods;
c. changes in the scope of payment or the form of electronic services provided – to the extent to which these changes affect the implementation of the provisions of these Regulations.
Agreements concluded before the amendment to the Regulations shall be governed by the version of the Regulations in force on the date of the Agreement.
In the event that any provision of these Regulations turns out to be inconsistent with generally applicable law and violates the interests of Consumers, the Seller declares the application of the indicated provision.
Settlement of any disputes between the Seller and the Customer who is a Consumer within the meaning of Art. 221 of the Civil Code, is subject to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular:
a. The Civil Code:
b. The Act on consumer rights;
c. the Act on the provision of electronic services;
d. Act on combating unfair competition;
e. The Personal Data Protection Act and the General Data Protection Regulation (GDPR).

16. ANNEXES

Annex 1: Privacy and cookies policy
Annex 2: Model withdrawal form in the case of a consumer
Annex 3: Model withdrawal form in the case of an entrepreneur with consumer rights
Annex 4: A model complaint form in the case of a consumer
Annex 5: A model complaint form in the case of an entrepreneur with consumer rights

CONTENTS: