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ONLINE SHOP REGULATIONS
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE SHOP
3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT
6. PRODUCT COMPLAINTS
7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM
These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl. The Online Shop www.shop.templarsgear.pl takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and, in their place, apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – the form available in the Online Shop that allows you to create an Account.
1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.5. CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).
1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which are collected the data provided by the Service Recipient and the information about Orders placed in the Online Shop.
1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.
1.4.8. PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Shop.
1.4.10. ONLINE SHOP – online shop of the Service Provider available at the Internet address: b2b.templarsgear.pl
1.4.11. SELLER; SERVICE PROVIDER – TEMPLAR'S GEAR JAKUB RZEPKA KRYSTIAN KONARZEWSKI SPÓŁKA JAWNA (general partnership) based in Władysławów (office address and correspondence address: Wojska Polskiego 32, 05-506 Władysławów, Poland); registered in the Register of Entrepreneurs of National Court Registry under the number: 0000838954, Register Court which holds the company's documentation: District Court for the capital city of Warsaw in Warsaw, XIV Commercial Department, National Court Registry; tax identification number: 1231293669, national economy register (REGON) number 360580926, e-mail address: firstname.lastname@example.org, telephone number: +48 22 7267712.
1.4.12. SALES CONTRACT– the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.
1.4.13. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
1.4.14. SERVICE RECIPIENT – (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) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with amendments)
1.4.16. ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.
2.1.1. Account – The use of Account is possible after completing three following steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Register" field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the given address of electronic mail. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.
126.96.36.199. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: email@example.com or in writing to: Wojska Polskiego 32, 05-506 Władysławów, Poland.
2.1.2 Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Buy and pay" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.
188.8.131.52. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.
2.1.3. Newsletter - using the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the action field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - once the Account is created, the Service Recipient is subscribed to the Newsletter.
184.108.40.206. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: firstname.lastname@example.org or in writing to the following address: Wojska Polskiego 32, 05-506 Władysławów, Poland.
2.4.1. The complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the complaint procedure of the Product, which is indicated in items 6 and 7 of the Regulations) the Serwice Recipient may submit, for example:
220.127.116.11. in writing to the address: Wojska Polskiego 32, 05-506 Władysławów, Poland;
18.104.22.168. in electronic form via e-mail to the following address: email@example.com.
2.4.2. It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the complaining party - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
2.4.3. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.
3.3.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with clause. 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.
4.1.1. On the website b2b.templarsgear.pl: payment by bank transfer to the Seller's bank account.
4.2. Payment deadline:
4.2.1. The Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract / receive Proforma Inoice.
5.2.1. Courier parcel.
6.3.1. in writing to the following address: Wojska Polskiego 32, 05-506 Władysławów, Poland;
6.3.2. in electronic form via e-mail to the following address: firstname.lastname@example.org.
8.1.1. in writing to the address: Wojska Polskiego 32, 05-506 Władysławów, Poland;
8.1.2. in electronic form via e-mail to the following address: email@example.com.
8.3.1. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract) - from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period - from taking possession of the first Product;
8.3.2. for other contracts - from the date of contract conclusion.
8.8.1. If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the consumer.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product being a service which performance - at the explicit request of the consumer - started before the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9.1. (1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer who has been informed before the performance of the service that they will lose the right to withdraw from the contract after the performance of the service by the Seller; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specification or serving to satisfy their individual needs; (4) in which the subject of the service is a product that is quickly deteriorating or has a short shelf-life time; (5) in which the subject of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and which delivery may take place only after 30 days and which value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to them for urgent repair or maintenance; if the Seller provides additional services other than those required by the consumer, or provides products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in respect of additional services or products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (10) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of service; (13) for the delivery of digital content that is not stored on a tangible medium if the fulfillment of the service started with the consumer's express consent before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.
10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
10.2.2. In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384  of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
10.2.3. In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contracts.
TABLE OF CONTENTS:
2. BASIS FOR THE PROCESSING OF DATA
3. PURPOSE, BASIS AND PERIOD OF PROCESSING DATA IN THE ONLINE SHOP
4. DATA RECIPIENTS IN THE ONLINE SHOP
5. PROFILING IN THE ONLINE SHOP
6. THE RIGHTS OF THE DATA SUBJECT
7. COOKIES IN THE ONLINE SHOP AND ANALYTICS
8. FINAL PROVISIONS
Purpose of data processing
Legal basis for processing data
Period of data storage
The performance of the Sales Contract or a contract for the provision of an Electronic Service or taking actions to the request of the data subject, prior to entering into the above contracts.
Article 6, par. 1, point b) of the GDPR Regulation (contract performance) – the processing is required to perform the Sales Contract of which the data subject is party or to take action to the request of the data subject, prior to entering into the contract.
The data shall be stored for the period necessary for the performance, termination or expiry of the concluded Sales Agreement or contract for the provision of Electronic Services.
Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the Controller) – the processing is required for achieving the goals based on the legitimate interest of the Controller which includes upholding interests and strengthening reputation of the Controller and the Online Shop as well as his commitment for increasing sales of Products
The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Sales Contract two years).
The Controller may not process the data for the needs of direct marketing in the case of expressing clear objection in this field by the data subject.
Article 6, par. 1, point a) of the GDPR Regulation (consent) – the data subject expressed the consent to process its personal data for marketing purposes by the Controller
The data are stored until the data subject withdraws the consent to further process their data to that end.
Expressing an opinion on the concluded Sales Contract by the Customer
Article 6, par. 1, point a) of the GDPR Regulation (consent) – the data subject expressed the consent to process its personal data for purpose of expressing an opinion
Keeping tax books
Article 6, par. 1, point c) of the GDPR Regulation in relation with Article 86 §1 of Tax Ordinance Act, consolidated text of 17 January 2017 (Journal of Laws of 2017 item 201) – the processing is required for the Controller due to their statutory obligations
The data shall be stored for the legally required period, requesting the Controller to store tax books (till the lapse of the period of limitation of a tax obligation, unless acts on taxes stipulate otherwise).
Determining, pursuing or defence of claims on the side of the Controller, or ones that may arise as regards the Controller
Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the controller) – the processing is required for the purposes resulting from the legitimate interests of the Controller which includes determining, pursuing or defence of claims on the side of the Controller, or ones that may arise as regards the Controller
The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims against the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims against the Controller amounts to six years).
Use of the Online Shop website and ensuring its proper functioning
Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the controller) – the processing is required for the purposes resulting from the legitimate interests of the Controller which includes operating and maintenance of the Online Shop
Preparing statistics and analysing the manner of the data subject conduct on the website of the Online Shop
Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the controller) – the processing is required for the purposes resulting from the legitimate interests of the Controller which includes preparing statistics and analysing the manner of the data subject conduct on the website of the Online Shop in order to improve the functioning of the Online Shop and increase sales of Products
4.3.1. carriers/forwarders/couriers/entities operating warehouses and/or responsible for shipping process – in the case of a Customer who selects the Online Shop to deliver the Product by post or courier, the Controller makes the collected Customer’s personal data available to the selected carrier, forwarder or agent performing shipment for the Controller, and if the delivery is to be made from the external warehouse – to the entity operating warehouse and/or responsible for shipping process – to the extent necessary to deliver the Product to the Customer.
4.3.2. e-payments or payment card service providers – in the case of a Customer who uses in the Online Shop the option of e-payment or payment card, the Controller makes the collected Customer’s personal data available to the selected payment service provider in the Online Shop for the Controller to the extent necessary to perform the payment of the Customer.
4.3.3. accounting, legal and consulting services providers rendering for the Controller accounting, legal or consulting services (in particular an accounting agency, law firm or debt collection company) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary for attaining a given purpose of data processing in accordance herewith.
4.3.4. providers of social plugins implemented in the Online Shop, of scripts and other similar tools enabling a person using the Online Shop to download content from the providers of the said plugins (e.g. logging in using social network login details) and for this purpose providing the providers with the personal data of the visitor, including also:
22.214.171.124. Facebook Ireland Ltd. – the Controller uses Facebook social plugins in the Online Shop (e.g. “Like it” or “Share” buttons or logging in using Facebook login details) and therefore collects and discloses personal data of the Service Recipient using the Online Shop to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy principles available here: https://www.facebook.com/about/privacy/ (this data may include information about activities in the Online Shop - including information about the device, the visited websites, purchases, displayed ads and how to use the services - regardless of whether the Service Recipient has a Facebook account and is logged in to Facebook).
With regard to the provider:
1) own (created by the Controller’s Online Shop website) and
2) belonging to other persons/third parties (other than the Controller)
With regard to the period of their retention on the appliance of the Online Shop’s visitor:
1) session cookies (stored till the moment of closing of the Website or a browser) and
2) persistent cookies (having some expiration period, defined by parameters of each file or until they are removed by hand)
With regard to the purpose of their usage:
1) strictly necessary cookies (enabling proper functioning of the Online Shop website),
2) functional/preferential cookies (enabling adjustment of the Online Shop website to the visitor’s preferences),
3) analytical and performance cookies (collecting information on the use of the Online Shop website),
4) targeting, advertising or social cookies (collecting information on the visitor of the Online Shop website in order to display personalised advertisements to such a person and for other marketing activities, including those performed on sites different from the Online Shop website, such as social networks).
Purposes of using Cookies on the Controller’s Online Shop website
Identification of the Service Recipients as logged in to the Online Shop and showing them that they are actually logged in (strictly necessary Cookies)
Saving Products added to the cart to place an Order (strictly necessary Cookies)
Saving data from the filled-in forms, questionnaires, or login data for the Online Shop (strictly necessary Cookies and/or functional/preferential Cookies)
Adjustment of the Online Shop website contents to individual preferences of the Service Recipient (e.g. colours, font size, layout) and optimisation of the use of the website (functional/preferential Cookies)
Keeping anonymous statistics presenting the visitor’s behaviours on the Online Shop website (statistical Cookies)
Remarketing, namely evaluating the conduct of visitors of the Online Store through anonymous analysis of their activities (e.g. repeated visits on particular pages, key words etc.) to create their profile and provide them with adverts matching their interests, also when they visit other websites in the advertising network of Google Inc. and Facebook Ireland Ltd. (marketing, advertising and social Cookies)
In Chrome browser:
(1) in the address bar, click the ’locked’ icon on the left, (2) go to the benchmark „Cookie files”.
In Firefox browser:
(1) in the address bar, click the ’shield’ icon on the left, (2) go to the benchmark „Allowed” or „Blocked”, (3) click the button „Tracking cookies between websites”, „Tracing elements of social networks or „Content with tracing elements”
In Internet Explorer browser:
(1) Click „Tools” menu, (2) go to „Internet options” benchmark, (3) go to „General” benchmark, (4) then go to „Settings”, (5) click the button „Display files”
In Opera browser:
(1) in the address bar, click the ’locked’ icon on the left, (2) go to the benchmark „Cookie files”.
In Safari browser:
(1) click menu „Preferences”, (2) go to „Privacy” benchmark, (3) click the button „Manage website data”
Independent of the browser used, you can apply tools available e.g. at: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/