Legal notice
-
General Provisions
-
These terms and conditions (hereinafter referred to as "Terms") set forth the rules for concluding and performing contracts for the provision of electronic services and sales contracts in the Allbag online store, as well as the rights and obligations of the parties to these contracts.
-
The Allbag Online Store (hereinafter: "Online Store") mentioned in section 1.1., is available at the address: http://sklep.allbag.pl
-
The Online Store is operated by: Allbag Tomasz Woźniak Sp. K., identified by NIP: 551-264-25-95, REGON: 384947621, and KRS number: 0000839896. Address: Świnna Poręba 127a, 34-106 Mucharz
-
The contact details of the Seller, enabling Buyers to contact the Seller, are as follows:
-
1. address: Świnna Poręba 127a, 34-106 Mucharz,
2. phone: +48 (33) 823 22 34,
3. email address: sklep@allbag.pl.
-
-
The Seller communicates with the Buyer through the website: http://sklep.allbag.pl, as well as by phone and email.
-
The subject of the Seller's business is the sale of products such as bags, eco-bags, and clothing (hereinafter referred to as "Products").
-
The Online Store enables:
-
gathering information about Products available in the Online Store;
-
receiving email information about promotions and new products in the Online Store's offer, as well as receiving offers from the Seller's partners;
-
submitting purchase offers by individuals using the store (hereinafter referred to as "Buyers" or "Clients").
-
-
The information available through the website mentioned in section 1.2., including product descriptions and their prices, do not constitute an offer within the meaning of the Act of April 23, 1964 – Civil Code, but are merely invitations for the Buyer to submit a purchase offer (hereinafter referred to as "Order").
-
In order to register on the Online Store, the user must accept these Terms by checking the appropriate checkbox in the registration form.
-
Using the Online Store does not require the Buyer to pay any fees.
-
To use the Online Store, including browsing its products, the following are necessary:
-
-
a computer with internet access
-
an updated internet browser in the latest stable version provided by the manufacturer, such as: Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
-
enabled cookies support, and installed appropriate browser extensions to support Java, Javascript, Adobe Flash;
-
disabled software blocking the execution of the above applications' scripts;
-
active email account (e-mail).
-
-
The Seller, to the fullest extent permitted by law, is not responsible for any disruptions, including interruptions, in the operation of the Online Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the Online Store with the technical infrastructure of users or those attempting to use the Online Store.
-
The Seller reserves the right to conduct interruptions in the operation of the Online Store for technical repairs and software updates supporting the Online Store.
-
To the fullest extent permitted by law, the Seller is not responsible for the non-delivery or delay in delivering the subject of the Order caused by the Buyer providing incorrect or inaccurate data, including particularly incorrect or inaccurate address or email address.
-
To the fullest extent permitted by law, the Seller is not responsible for blocking the sending of emails (or deleting emails) by email server administrators or software installed on the computer of the person using the Online Store.
-
In these Terms, the term consumer is understood, in accordance with Article 221 of the Civil Code, as the Buyer who is a natural person concluding a legal transaction with an entrepreneur that is not directly related to their business or professional activity.
-
-
Orders
-
Purchases in the Online Store may be made by natural persons, legal entities, and organizational units without legal personality to which the law grants legal capacity.
-
The contract can only be concluded in Polish. There is no minimum duration for the obligations of the Consumer arising from this contract.
-
Orders in the Online Store can be placed using the form available on the website specified in section 1.2. of the Terms, after logging into the account following registration in the Online Store.
-
The order submission procedure referred to in section 2.3. is completed each time by the Buyer clicking the button: “Order with obligation to pay,” which is equivalent to confirming by the Buyer that the order form has been correctly filled out and that the Buyer is aware that the order fulfillment involves the obligation to pay, including the delivery costs.
-
Placing an Order is equivalent to the Buyer submitting an offer to purchase a specified Product.
-
After placing the Order, an email titled "Allbag – order number …" is sent to the email address provided in the form, containing confirmation of the offer submitted by the Buyer. This confirmation is not identical to the conclusion of the contract.
-
Orders placed in the manner specified in section 2.3. must contain the following data:
-
first and last name of the Buyer placing the Order;
-
postal address of the Buyer placing the Order in the case of Buyers registered in the Online Store;
-
delivery address;
-
names and quantities of the ordered Products;
-
chosen delivery method;
-
phone number and email address of the person placing the Order.
-
-
The contract is considered concluded if, within 24 business hours from placing the Order, the Seller confirms the availability of the product for sale and thereby informs the Buyer that the order has been accepted for processing. The Seller reserves the right not to fulfill Orders that do not contain the data specified above in points 2.7.1.-2.7.6.
-
Orders are processed in the order in which they were placed.
-
The Seller is entitled to introduce a maximum quantity of a specific Product in a single Order, as well as to introduce restrictions on delivery methods or payment forms. Any restrictions mentioned in the previous sentence will be indicated on the page where the button "Order with obligation to pay" is located, as referred to in section 2.4.
-
In the confirmation email regarding the acceptance of the order for fulfillment (conclusion of the contract), the Seller will provide the Buyer who is a consumer with information required by the Consumer Rights Act (Journal of Laws 2014, item 827). The information will be included in the body of the email or in an attachment in pdf format. To view this document, you need the appropriate software, e.g., Adobe Reader. This information may also be provided by the Seller in paper form together with the delivered goods.
-
It is prohibited to place Orders resulting in a Product that is illegal, violates personal rights, copyrights, or other exclusive rights of third parties, particularly:
-
promoting totalitarian regimes, symbols associated with them, inciting hatred or committing crimes;
-
promoting drug use, psychoactive substances, or promoting alcohol abuse;
-
containing vulgar content, or using profanity, or content generally considered offensive;
-
containing personal data of third parties and their images without proper authorization;
-
posting content that undermines the reputation or goodwill of the Seller or third parties;
-
-
The Seller reserves the right not to fulfill Orders mentioned in 2.13. In such a case, the Buyer will be informed of the refusal by email within 24 business hours.
-
If the option “I consent to the delivery of the VAT invoice electronically (e-invoice)” is accepted, the VAT invoices serving as proof of purchase will be delivered to the Client exclusively electronically to the email address provided during registration in .pdf file format (e-invoice) in accordance with the regulation of the Minister of Finance of December 17, 2010, regarding the sending of invoices electronically, their storage, and the procedure for making them available to the tax authority or tax control authority (Journal of Laws No. 249, item 1661).
-
Products or their components, as well as patterns available in the Online Store, may be protected as works within the meaning of the Copyright and Related Rights Act (Journal of Laws No. 90, item 631) or protected by other exclusive rights held by the Seller or third parties. Using Products, their components, or patterns without the permission of the authorized person or legal authorization (e.g., for private use) is prohibited.
-
-
Prices and Payments
-
Product prices are quoted in Polish zloty (PLN) and are gross prices. The prices of Products listed in the Online Store do not include delivery costs. Delivery costs depend on the chosen delivery method, payment method, and package size. The total cost of the order, including delivery costs, will be provided to the Buyer before finalizing the Order, by clicking the button: “Order with obligation to pay”.
-
The Buyer may choose from the following payment methods:
-
bank transfer to the account number 43 1090 1665 0000 0001 3709 8949,
-
PayPal payment system,
-
payment by credit card (Maestro, MasterCard, Visa, Discover, American Express),
-
cash on delivery – paid to the courier delivering the ordered Products;
-
payment upon pickup at the Public Store located at the address mentioned in section 1.4.1.
-
-
The payment for the ordered Product should be made by the Buyer within 3 business days from the Seller's confirmation of the offer (acceptance of the order for fulfillment).
-
Transactions where payment is made via the service mentioned in section 3.2.2. are processed via the service https://www.paypal.com/pl/, owned by an entity other than the Seller.
-
-
Delivery
-
Delivery is limited to the territory of the Republic of Poland. In the case of intending to make a purchase with delivery outside of Poland, the Seller requests contact by email at: sklep@allbag.pl – in such a case, the delivery conditions will be determined individually.
-
In the case of choosing a payment method as indicated in sections 3.2.1., 3.2.2., and 3.2.3., the order for bags without print will be processed no later than within 48 hours. For bags with prints, depending on the type of bag, the processing will be completed within 7-14 business days, and for clothing within 7-14 business days from the date of payment receipt by the Seller.
-
In the case of choosing a payment method as indicated in sections 3.2.4. and 3.2.5., the order will be processed immediately after placing the order.
-
Delivery is carried out from Monday to Friday, except for public holidays.
-
The Products ordered by the Buyer will be delivered in one of the following ways:
-
via GLS courier: 17 PLN;
-
via Polish Post: 14.90 PLN;
-
cash on delivery: GLS: 22 PLN,
-
via personal pickup of the ordered Products by the Buyer at the Public Store located at the address specified in section 1.4.1.
-
-
The Buyer selects one of the delivery methods specified in sections 4.5.1.-4.5.4. by choosing the appropriate option in the form referred to in section 2.3.
-
Personal pickup, as referred to in section 4.5.5., is only possible during the working hours of the Public Store, from 7:30 AM to 3:30 PM (Monday-Friday). It is also recommended that the Buyer arrange the pickup time in advance with the Seller.
-
The place of performance of the Seller's obligation is considered to be the delivery address provided by the Buyer or – in the case of personal pickup – the address of the Public Store specified in section 1.4.1.
-
-
Right of Withdrawal
-
A consumer purchasing a Product in the Online Store has the right to withdraw from the contract concluded with the Seller within 14 (fourteen) days from the delivery of the Product or its personal pickup, without incurring any costs other than the direct costs of returning the Product. The right of withdrawal, as referred to in the previous sentence, may be exercised by submitting a written declaration, and to meet the deadline mentioned in the previous sentence, it is sufficient to send the declaration before it expires to the address specified in section 1.4.1. The withdrawal declaration can be made using the form, which is an attachment to the Terms and Conditions, and is also sent to the Consumer in the contract confirmation referred to in section 2.11. or together with the delivered Product.
-
In case of exercising the right of withdrawal, the Seller will refund all payments made by the Consumer, including delivery costs (except for additional costs resulting from the Consumer's chosen delivery method that is different from the cheapest delivery method offered by us) within 14 days from the receipt of the Consumer's statement of withdrawal from the contract, using the same payment method that the Consumer used, unless the Consumer has agreed to another refund method that does not incur any costs for them. If the Consumer has chosen a payment method referred to in sections 3.2.4. or 3.2.5., the refund will be made, with the Consumer's consent and according to their choice, to the specified bank account or by postal transfer to the address indicated by the Consumer. The form of consent for refund by bank transfer, which is an attachment to the Terms and Conditions, is sent to the Consumer in the contract confirmation referred to in section 2.11. or together with the delivered Product.
-
The Seller may withhold the refund of the payment received from the Consumer until the goods are received back or the Consumer provides proof of returning the goods, whichever occurs first.
-
In the case of exercising the right of withdrawal, the Consumer must return the Product within 14 days from the withdrawal. The Consumer will bear the direct costs of returning the Product.
-
The right of withdrawal referred to in section 5.1. does not apply to the Consumer in the cases specified in Article 38 of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827), particularly when the Product is a non-prefabricated item, produced according to the Consumer's specifications, or serving to satisfy their individualized needs (e.g., a bag personalized by the Consumer).
-
-
Personal Data Protection and Privacy Policy
-
The Seller places great importance on respecting the privacy of Buyers. In accordance with the Personal Data Protection Act of August 29, 1997 (consolidated text: Journal of Laws 2002, No. 101, item 926, as amended), the Seller carefully selects and applies appropriate technical and organizational measures to ensure proper protection of the processed data. In particular, the Seller ensures data security against unauthorized access, as well as protection against data processing in violation of applicable law. The Seller continuously monitors the data processing process and limits access to data as much as possible, granting authorization to process data only when necessary for the proper operation of the Online Store. Under the implemented Privacy Policy, the Seller informs about the following data protection rules for Buyers, as described below in sections 6.2-6.13.
-
The Administrator of personal data collected by the Online Store is: Mr. Tomasz Woźniak, conducting business under the name TOMASZ WOŹNIAK Allbag, identified by NIP: 5512506544, REGON: 120549530, located at: ul. Lwowska 87, 34-100 Wadowice and Świnna Poręba 127A, 34-106 Świnna Poręba, the owner of the Online Store, available at: http://sklep.allbag.pl
-
Personal data sets: Customer register of the online store and Online store user register (referred to in the Terms and Conditions as "Buyers") have been registered with the General Inspector of Personal Data Protection.
-
The personal data of Buyers are processed in accordance with the Act of August 29, 1997, on the protection of personal data (consolidated text: Journal of Laws 2002, No. 101, item 926, as amended).
-
The personal data of Buyers are processed based on the consent of the Buyers and statutory authorizations allowing the processing of personal data.
-
Providing any personal data to the Seller is voluntary; however, providing certain data is a condition for concluding a contract with the Seller.
-
The data provided by Buyers during registration and when placing Orders will be used for accounting purposes, to contact Buyers for the execution of the contract, and for other activities related to the execution of the contract by the Seller, as well as for other legally justified purposes within the meaning of the Act of August 29, 1997, on the protection of personal data (consolidated text: Journal of Laws 2002, No. 101, item 926, as amended).
-
The personal data of Buyers may be shared with entities authorized to receive them under applicable law, including the relevant justice authorities.
-
The Seller does not store any sensitive personal data of Buyers.
-
The personal data of Buyers will be stored for no longer than necessary to fulfill the purpose of their processing and will then be deleted.
-
Buyers have the right to:
-
correct, supplement, update, or rectify their personal data;
-
request the deletion of their personal data;
-
object to the processing of their personal data.
-
-
For the above purposes, Buyers can send an email to sklep@allbag.pl or send the appropriate request by registered mail to the address specified in section 1.4.1.
-
-
The Seller uses IP addresses collected during internet connections for technical purposes related to the administration of the Online Store. Additionally, IP addresses are used to collect general statistical information. The Seller uses cookies. The information collected through cookies allows adjusting services and content to the individual needs and preferences of Buyers, as well as for compiling general statistics regarding the use of the Online Store. Disabling the option in the browser to save cookies does not prevent the use of the Online Store.
-
-
Additional Legal Disclaimer
-
The content and structure of the Online Store are protected by copyright. Reproduction of data or information, in particular the use of texts and images placed on the site for purposes other than non-commercial use without the consent of the authorized party is prohibited.
-
The websites and services to which links are provided on the page available at the address specified in section 1.2. have been prepared by third parties, and therefore the Seller assumes no responsibility for the information, advice, opinions, suggestions, and materials contained on those sites and services.
-
-
Special Provisions Regarding the Provision of Electronic Services by the Seller
-
In the event that the Seller provides services electronically, this Terms and Conditions constitute the regulation for providing electronic services within the meaning of the Act of July 18, 2002, on providing electronic services (consolidated text: Journal of Laws 2013, item 1422), with the exception of section 8.10.
-
The technical requirements necessary to cooperate with the IT system used by the Seller are specified in section 1.10.
-
It is prohibited, while using the Online Store, for the Customer to provide content that is unlawful, infringes personal rights or copyrights of third parties, or violates any applicable social norms, customs, and internet etiquette. In particular, it is prohibited to:
-
promote totalitarian regimes, symbols associated with them, incite hatred or commit crimes;
-
post vulgar content, or content containing profanity, or content commonly regarded as offensive;
-
post and use personal data of other people and their images without proper authorization;
-
supply harmful software to the Service;
-
post content promoting drug use, psychoactive substances, or alcohol abuse;
-
engage in spamming activities or actions that resemble unfair competition or unfair market practices.
-
post content undermining the good name or reputation of the Seller or third parties;
-
post links to pages and files containing the above-mentioned content
-
-
It is prohibited to perform any penetration tests, security tests, attempt to break security, or engage in hacking activities with regard to the Online Store.
-
The User is solely responsible for the content they post in the Online Store. If the User posts content that is prohibited by law or by these Terms and Conditions, the Seller is authorized to remove such content and may terminate the contract for the provision of electronic services immediately.
-
The contract for the provision of electronic services is concluded when the person using the Online Store registers on the website specified in section 1.2. or provides their email address to receive the newsletter.
-
The contract for the provision of electronic services is concluded for an indefinite period and can be terminated in accordance with applicable law, as well as – to the extent permitted by law – by submitting to the Seller a written notice (sent to the address specified in section 1.4.1.) or by email (to the email address specified in section 1.4.3.: sklep@allbag.pl) of termination of the electronic services agreement, specifying the agreement being terminated. Terminating the agreement is equivalent to removing the Customer's account.
-
The procedure for filing complaints regarding electronic services is as follows:
-
Consumers using the service may file complaints regarding the electronic services provided by the Seller; the complaint should be submitted in writing (by sending it to the address specified in section 1.4.1.) or by email (by sending it to the email address specified in section 1.4.3.: sklep@allbag.pl);
-
The complaint should contain:
-
the identification of the consumer and their address or email address;
-
the identification of the service to which the complaint relates;
-
the justification;
-
-
The Seller will make efforts to ensure that complaints are handled without undue delay;
-
After the complaint is resolved, the Seller will inform the complainant about the acceptance or rejection of the complaint (the information regarding the rejection will include the justification).
-
-
To meet the requirements of the Act mentioned in section 8.1., the Seller hereby informs that:
-
Using services provided electronically via the Internet involves risks. The primary threat is the possibility of infecting the information system with viruses, worms, and Trojan horses. To avoid these risks, it is recommended that users of the Online Store install antivirus software on their device and keep it updated regularly.
-
The Seller introduces "cookies" into the information system used by the person accessing the Online Store, which is a small text fragment that the website sends to the browser and that the browser sends back during subsequent visits to the site. It is mainly used to maintain sessions, for example, by generating and sending a temporary identifier after logging in. However, it can also be used more broadly to remember any data that can be encoded as a string of characters. This way, the user does not need to re-enter the same information every time they return to the site or move from one page to another.
-
-
The Seller reserves the right to create separate regulations for specific services provided electronically, different from these. If such a separate regulation is in force, the provisions of sections 8.1-8.9 do not apply to the service it pertains to.
-
-
Newsletter
-
During the registration procedure in the Online Store, the Buyer can consent to receive information about promotions and new offers from the Seller, as well as offers from the Seller's partners. If the Buyer gives such consent, the Seller may send the Buyer a newsletter to the email address provided by the Buyer.
-
Anyone can consent to receive the newsletter by providing their email address and accepting the terms of the Regulations, thereby agreeing to receive the newsletter at the provided email address.
-
To unsubscribe from receiving the newsletter, one can do so by sending a blank message to the address: sklep@allbag.pl.
-
-
Complaints
-
The Seller commits to deliver Products to the Buyer without defects.
-
The Seller is responsible for defects in accordance with the warranty provisions regulated in the Act of April 23, 1964 – Civil Code (Journal of Laws from 1964, no. 16, item 93, as amended).
-
In the case of sales contracts where the Buyer is not a Consumer, the provisions of Articles 556-576 of the Civil Code (Journal of Laws from 1964, no. 16, item 93, as amended) are excluded to the fullest extent permitted by law.
-
Complaints (including complaints regarding the operation of the Online Store) can be submitted:
-
in writing, to the address specified in section 1.4.1;
-
via email, to the address specified in section 1.4.3.
-
-
Within 14 days from the submission of the complaint, the Seller will respond to it and notify the Consumer of the further procedure.
-
The Seller will make efforts to ensure that complaints are processed without unnecessary delay.
-
After exhausting the procedure regulated in this section, the Buyer cannot use any out-of-court methods for handling complaints (court action is available). It is not possible to seek claims through out-of-court procedures.
-
-
Final Provisions
-
The Seller adheres to the Code of Ethics for Entrepreneurs, available on the website of the Polish Chamber of Commerce at: http://www.kig.pl/kodeks-etyki-dla-przedsiebiorcow.html, in its version effective on the date this Regulation comes into force.
-
The Seller may change these Regulations without the consent of the Buyers, without giving reasons, and at any time. The changes referred to in the previous sentence do not limit the rights acquired by the Buyers before the changes come into force.
-
The Seller will inform each Buyer about the changes to the Regulations by posting a notice about the change on the Online Store’s website, containing a summary of the changes to the Regulations. This notice will remain on the website for at least 10 (ten) consecutive calendar days. Additionally, Buyers will be informed by the Seller about the planned changes to the Regulations by sending an email containing a summary of the changes to the Regulations. The notification mentioned in the previous sentence will be sent no later than 10 (ten) days before the changes to the Regulations come into effect. If the Buyer refuses to accept the changes to the Regulations, they must notify the Seller of this refusal within 10 (ten) days from the notification mentioned in the previous sentence. Such a refusal is equivalent to the Buyer resigning from using the Online Store and authorizing the Seller to delete the Buyer’s account from the Online Store service. Failure to notify such a refusal is equivalent to accepting the proposed changes to the Regulations by the Buyer.
-
The numbers of points (pkt) referred to in these Regulations, without further specification, refer to the relevant editorial units of these Regulations.
-
All names and descriptions of Products, as well as the logos of individual brands, are used for identification purposes and may be subject to protection under the provisions of the Act of June 30, 2000 – Industrial Property Law (consolidated text: Journal of Laws from 2013, item 1410).
-
Any disputes arising between the Seller and a Client who is not a Consumer will be settled by the court competent due to the Seller’s registered office.
-
All individuals using the Online Store can access these Regulations at any time via the link available on the Online Store’s website, copy the content to a file or download it in .pdf format, and print it.
-
These Regulations come into force on December 25, 2014.
-