Terms and Conditions - Football Second Hand

www.footballsecondhand.com

§ 1

Introductory provisions

version for civil-law partnerships and sole proprietorships

The footballsecondhand online shop, available at www.footballsecondhand.com, is run by Radosław Chrobok, conducting business under the name Casual_Style Radosław Chrobok, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP (tax ID) 6381801727, REGON 386308167

§ 2

Definitions

Consumer - a natural person concluding a contract with the Seller within the Shop, the subject of which is not directly related to their business or professional activity.

version for civil-law partnerships and sole proprietorships

2. Seller - a natural person conducting business under the name Casual_Style Radosław Chrobok, entered in the Central Register and Information on Economic Activity (CEIDG) maintained by the minister responsible for the economy, NIP (tax ID) 6381801727, REGON 386308167

Customer - any entity making purchases through the Shop.
Entrepreneur - a natural person, legal person or organisational unit without legal personality granted legal capacity by a separate act, conducting business activity in its own name and using the Shop.
Shop - the online shop run by the Seller at www.footballsecondhand.com
Distance contract - a contract concluded with the Customer within an organised system for concluding distance contracts (within the Shop), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment the contract is concluded.
Terms and Conditions - these Terms and Conditions of the Shop.
Order - the Customer's declaration of intent submitted using the Order Form and aimed directly at concluding a Sales Contract for a Product or Products with the Seller.
Account - the customer account in the Shop, which stores the data provided by the Customer and information about the Orders they have placed in the Shop.
Registration Form - a form available in the Shop that allows an Account to be created.
Order Form - an interactive form available in the Shop that allows an Order to be placed, in particular by adding Products to the Cart and specifying the terms of the Sales Contract, including the delivery and payment method.
Cart - the part of the Shop software in which the Products selected by the Customer for purchase are shown and where the Order details, in particular the quantity of products, can be set and changed.
Product - a movable item/service available in the Shop that is the subject of a Sales Contract between the Customer and the Seller.
Sales Contract - a contract for the sale of a Product concluded or to be concluded between the Customer and the Seller via the online Shop. Depending on the features of the Product, a Sales Contract also means a contract for the provision of services or a contract for specific work.

§ 3

Contacting the Shop

Seller's address: Kasztanowa 1, 43-215 Jankowice, Poland
Seller's e-mail address: footballsecondhand2023@gmail.com
Seller's phone number: +48 669 895 375
Seller's bank account number: 02 1050 1315 1000 0097 3078 9758
The Customer may contact the Seller using the addresses and phone numbers given in this section.
The Customer may contact the Seller by phone between 9:00 and 17:00 (Polish time).

§ 4

Technical requirements

To use the Shop, including browsing the Shop's range and placing orders for Products, the following are required:

A device with Internet access and a web browser.
An active e-mail account,
Cookies enabled,
FlashPlayer installed.

§ 5

General information

To the fullest extent permitted by law, the Seller is not liable for disruptions, including interruptions in the operation of the Shop, caused by force majeure, unlawful actions of third parties or incompatibility of the online shop with the Customer's technical infrastructure.
Browsing the Shop's range does not require an Account. The Customer can place orders for products in the Shop's range either after creating an Account in accordance with § 6 of the Terms and Conditions or by providing the personal and address details needed to fulfil the Order without creating an Account.

Prices in the Shop are given in Polish złoty (PLN). The Customer may choose to display prices and pay in euro (EUR) - prices in EUR are converted from PLN at the exchange rate used by the Shop at the time the Order is placed, and the amount shown in the Order summary is binding.
The final amount payable by the Customer consists of the product price and the delivery cost (including transport, delivery and postal charges), of which the Customer is informed on the Shop pages while placing the order, including at the moment of expressing the intention to be bound by the Sales Contract.
For a contract covering a subscription or the provision of services for an indefinite period, the final price is the total price covering all payments for the billing period.
Where the nature of the subject of the contract does not reasonably allow the final price to be calculated in advance, information on how the price will be calculated, as well as on transport, delivery, postal and other charges, will be given in the Shop in the Product description.

§ 6

Creating an Account in the Shop

To create an Account in the Shop, fill in the Registration Form. The following details are required: address details together with a phone number and e-mail address
Creating an Account in the Shop is free of charge.
You log in to your Account with the login and password set in the Registration Form.
The Customer may delete their Account at any time, without giving a reason and without any charges, by sending a request to the Seller, in particular by e-mail or in writing to the addresses given in § 3.

§ 7

Rules for placing Orders

To place an Order:

Log in to the Shop (optional);
Select the Product to be ordered and click the "Add to cart" button (or equivalent);
Log in or use the option of placing an Order without registering;
If you choose to order without registering - fill in the Order Form with the details of the Order recipient and the address to which the Product is to be delivered, choose the type of shipment (delivery method), and enter invoice details if they differ from the details of the Order recipient,
Click the "Place order" button / click the "Place order" button and confirm the order by clicking the link sent by e-mail,
Choose one of the available payment methods and, depending on the payment method, pay for the order within the specified time, subject to § 8 point 3.

§ 8

Delivery and payment methods offered

The Customer may use the following methods of delivery or collection of the ordered Product:
Delivery to an InPost parcel locker - within Poland
Postal or courier delivery abroad - to the countries available for selection in the Order Form
Personal collection available at: Kasztanowa 1, 43-215 Jankowice, Poland
The Customer may use the following payment methods:
Cash on delivery
Bank transfer to the Seller's account
Electronic payments
Payment card.

3. Detailed information on delivery methods and accepted payment methods can be found on the Shop pages. The available delivery and payment methods and the delivery costs depend on the country of delivery and are shown in the Order Form.

§ 9

Performance of the sales contract

A sales contract between the Customer and the Seller is concluded after the Customer has placed an order using the order form in the online shop in accordance with § 7 of the Terms and Conditions.
After an order is placed, the Seller promptly confirms its receipt and at the same time accepts the order for processing. Receipt of the order and its acceptance for processing are confirmed by the Seller sending the Customer an e-mail to the e-mail address given when placing the order, containing at least the Seller's statements that the order has been received and accepted for processing and confirmation that the sales contract has been concluded. The sales contract between the Customer and the Seller is concluded when the Customer receives this e-mail.
Orders are processed within 3 business days.
If the Customer chooses:
Payment by bank transfer, electronic payment or payment card, the Customer must make the payment within 10 calendar days of the conclusion of the Sales Contract - otherwise the order will be cancelled.
If the Customer has chosen a delivery method other than personal collection, the Seller will ship the Product within the time indicated in its description (subject to paragraph 5 of this section), in the way chosen by the Customer when placing the Order.
If products with different delivery times are ordered, the delivery time is the longest of the times given.
If Products with different delivery times are ordered, the Customer may request that the Products be delivered in parts or that all Products be delivered once the whole order is complete.

The delivery time of the Product to the Customer is counted as follows:
If the Customer chooses payment by bank transfer, electronic payment or payment card - from the day the Seller's bank account is credited.

6. If the Customer chooses personal collection of the Product, the Product will be ready for collection within the time indicated in the Product description. The Seller will also inform the Customer that the Product is ready for collection by sending an e-mail to the e-mail address given when placing the Order.

Version for shops delivering orders in full

Once all parts of the order have been completed

7. If Products with different collection readiness times are ordered, the collection readiness time is the longest of the times given.

8. The time until the Product is ready for collection by the Customer is counted as follows:

If the Customer chooses payment by bank transfer, electronic payment or payment card - from the day the Seller's bank account is credited.
If the Customer chooses to pay in cash on personal collection - from the day the Sales Contract is concluded.

9. Products are delivered within Poland and abroad - to the countries available for selection in the Order Form. The delivery time of international shipments depends on the country of delivery and the carrier. For deliveries to countries outside the European Union, the shipment may be subject to customs duties, import taxes (e.g. VAT) and fees charged by the customs office or the carrier in the recipient's country. These charges are not included in the price of the Product or in the delivery cost and are borne by the Customer.

10. Delivery of the Product to the Customer is chargeable unless the Sales Contract provides otherwise. Product delivery costs (including transport, delivery and postal charges) are shown to the Customer on the online Shop pages in the "Delivery costs" tab and while placing the Order, including at the moment the Customer expresses the intention to be bound by the Sales Contract.

11. Personal collection of the Product by the Customer is free of charge.

§ 10

Right of withdrawal

The Consumer may withdraw from the Sales Contract within 14 days without giving any reason.
The period referred to in paragraph 1 begins when the Product is delivered to the Consumer or to a person indicated by them other than the carrier.
For a Contract covering multiple Products delivered separately, in batches or in parts, the period referred to in paragraph 1 runs from the delivery of the last item, batch or part.
For a Contract consisting of regular delivery of Products for a fixed period (subscription), the period referred to in paragraph 1 runs from taking possession of the first item.
The Consumer may withdraw from the Contract by submitting a statement of withdrawal to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send the statement before the deadline expires.
Returned goods must be in the same condition in which they were purchased. Goods that are damaged or destroyed in any way cannot be returned.

Statement of withdrawal in any form

The statement may be sent by traditional post, by fax or electronically by sending it to the Seller's e-mail address, or by submitting it on the Seller's website - the Seller's contact details are given in § 3. The statement may also be submitted using the form provided as Annex 1 to these Terms and Conditions and the annex to the Polish Consumer Rights Act of 30 May 2014, but this is not mandatory.
If the Consumer sends the statement electronically, the Seller will promptly send the Consumer a confirmation of receipt of the statement of withdrawal to the e-mail address provided by the Consumer.
Effects of withdrawal from the Contract:
If the Consumer withdraws from a Distance Contract, the Contract is deemed not to have been concluded.
In the event of withdrawal from the Contract, the Seller will refund the Consumer promptly, no later than 14 days from the day of receiving the Consumer's statement of withdrawal, with the exception of additional costs resulting from the delivery method chosen by the Consumer other than the cheapest standard delivery method offered by the Seller.
The Seller will make the refund using the same payment methods that the Consumer used in the original transaction, unless the Consumer has expressly agreed to another solution that does not involve any costs for them.
The Seller may withhold the refund until the Product has been received back or until proof of its return has been supplied, whichever occurs first.
The Consumer should return the Product to the Seller's address given in these Terms and Conditions promptly, no later than 14 days from the day on which they informed the Seller of the withdrawal from the Contract. The deadline is met if the Consumer sends the Product back before the 14-day period expires.
The Consumer bears the direct costs of returning the Product, including the costs of returning a Product that, due to its nature, could not be returned by ordinary post.
The Consumer is only liable for any reduction in the value of the Product resulting from handling it beyond what was necessary to establish the nature, characteristics and functioning of the Product.

9. If, due to the nature of the Product, it cannot be returned by ordinary post, information about this and about the costs of returning the Product will be given in the Product description in the Shop.

10. The Consumer does not have the right to withdraw from a distance contract in respect of a Contract:

Where the subject of the service is a non-prefabricated item, made to the Consumer's specifications or to meet their individual needs,
Where the subject of the service is an item delivered in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery,
Where the subject of the service is an item that perishes quickly or has a short shelf life,
For the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the service began that they would lose the right of withdrawal once the Seller had performed the service,
Where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires,
Where the subject of the service are items which, after delivery, due to their nature, become inseparably combined with other items,
Where the subject of the service are alcoholic beverages whose price was agreed when the sales contract was concluded, whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control,
Where the subject of the service are sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery,
For the supply of newspapers, periodicals or magazines, except for a subscription contract,
For the supply of digital content not on a tangible medium, if performance began with the Consumer's express consent before the withdrawal period expired and after the Seller informed them of the loss of the right of withdrawal,

Withdrawal from the contract

To submit a statement of withdrawal from the contract, enter your order number and the e-mail address used when placing the order.

§ 11

Complaints and warranty

The Sales Contract covers used Products. The condition of each Product is described in detail on the Shop pages.
Complaints should be submitted in writing or electronically to the Seller's addresses given in these Terms and Conditions.

It is recommended that the complaint include, among other things, a brief description of the defect, the circumstances (including the date) in which it occurred, the details of the Customer making the complaint, and the Customer's request in connection with the defect.
The Seller will respond to the complaint promptly, no later than within 14 days; if it does not do so within this period, the Customer's request is deemed to have been accepted as justified.
Goods returned as part of the complaint procedure should be sent to the address given in § 3 of these Terms and Conditions.
If a warranty has been granted for a Product, information about it and its content will be included in the Product description in the Shop.
We are not responsible for items damaged by improper washing, use or handling, even within 14 days of the order. Complaints are only accepted if the item is in the identical condition in which it was sent.

§ 12

Out-of-court complaint and redress procedures

Detailed information on the Consumer's options for using out-of-court complaint and redress procedures, and the rules for accessing these procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, the Voivodeship Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection (UOKiK): http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
The Consumer has, for example, the following options for using out-of-court complaint and redress procedures:
The Consumer is entitled to apply to a permanent consumer arbitration court referred to in Article 37 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from a Contract concluded with the Seller.
The Consumer is entitled to apply to the voivodeship inspector of the Trade Inspection, in accordance with Article 36 of the Polish Trade Inspection Act of 15 December 2000 (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
The Consumer may also obtain free help in resolving a dispute with the Seller from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers).

§ 13

Personal data in the online Shop

The controller of the personal data of Customers collected via the online Shop is the Seller.
Customers' personal data collected by the controller via the online Shop are collected in order to perform the Sales Contract and, if the Customer consents, also for marketing purposes.
Recipients of the personal data of the online Shop's Customers may be:
For a Customer who uses delivery by post or courier in the online Shop, the Controller shares the Customer's collected personal data with the selected carrier or intermediary handling shipments on behalf of the Controller.
For a Customer who uses electronic payments or payment by card in the online Shop, the Controller shares the Customer's collected personal data with the selected entity handling these payments in the online Shop.

4. The Customer has the right to access and correct their data.

5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Terms and Conditions that is necessary to conclude a Sales Contract makes it impossible to conclude that contract.

§ 14

Final provisions

1. Contracts concluded through the online Shop are concluded in Polish or English - depending on the language version of the Shop in which the Customer places the Order. In the event of any discrepancy between the language versions of these Terms and Conditions, the Polish version prevails.

2. The Seller reserves the right to amend the Terms and Conditions for important reasons, i.e. changes in the law or changes in payment and delivery methods - to the extent that these changes affect the implementation of these Terms and Conditions. The Seller will inform the Customer of any change at least 7 days in advance.

3. Matters not regulated in these Terms and Conditions are governed by generally applicable Polish law, in particular the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act and the Personal Data Protection Act. The choice of Polish law does not deprive a Consumer whose habitual residence is in another country of the protection afforded to them by provisions of the law of that country that cannot be derogated from by agreement.

4. The Customer has the right to use out-of-court complaint and redress procedures. For this purpose, they may file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.