GTCs
These regulations define the rules for making purchases in the online store operated by the Seller at Upwarsaw.com.
The upwarsaw.com online store is owned by Up! Warsaw Magdalena Nowak, ul. Króżańska 8/11, 02-578 Warsaw, NIP: 6121695607, REGON: 362923460, hereinafter referred to as “SHOP”.
Address for deliveries and returns: Up! Warsaw Magdalena Nowak, ul. Koszalińska 2, 76-200 Słupsk
Contact with the Service Provider can be obtained using the e-mail address: info@upwarsaw.com.
1. Definitions
a. Regulations – these regulations. In terms of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
b. Customer – a natural person, legal person or organizational unit without legal personality but having legal capacity, which, on the terms set out in these regulations, places an Order in the Online Store.
c. Consumer – a Customer who is a natural person who uses the Online Store for purposes not directly related to its business or professional activity.
d. Service Provider – an entity providing sales services via the Online Store on the terms set out in these Regulations.
e. Subject of the transaction – Goods listed and described on the website of the Online Store.
f. Goods – a movable item, presented in the Online Store, to which the Sales Agreement applies.
g. Sales Agreement – a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Service Provider and the Customer, using the Store’s website.
h. Online Store (Store) – a website available at www.upwarsaw.com, through which the Customer may place an Order. The seller / owner of the store is Up! Warsaw Magdalena Nowak, ul. Króżańska 8/11, 02-578 Warsaw, NIP: 6121695607.
i. Order – Customer’s declaration of will clearly specifying the type and quantity of Goods, aimed directly at the conclusion of the Sales Agreement.
j. ICT 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.
2. General rules
a. These Regulations define the rules for using the online store available at Upwarsaw.com.
b. The condition for placing an Order in the Online Store by the Customer is to read these Regulations and accept its provisions during the implementation of the Order.
c. The contract is concluded in Polish, in accordance with Polish law and these regulations.
d. The seller is obliged and undertakes to provide services and deliver goods free from defects.
e. The Upwarsaw.com online store conducts advertising sales via the Internet.
f. All Goods offered in the Upwarsaw.com store are brand new, originally packed, free from physical and legal defects.
g. As part of the technical requirements necessary for cooperation with the ICT system used by the Service Provider to make purchases, the Customer should have an active e-mail account (e-mail) and a device connected to the Internet.
h. The customer is obliged not to provide content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties.
3. Placing orders
a. All prices listed on the Upwarsaw.com website are gross prices, expressed in Polish zlotys. The prices given do not include shipping costs.
b. Orders are accepted via the website / by phone / e-mail.
c. Orders placed via the website can be placed 24 hours a day, 7 days a week throughout the year.
d. The order is effective if the Customer correctly completes the order form and correctly provides contact details, including the exact address to which the Goods are to be sent, as well as the telephone number and e-mail address.
e. In the event that the provided data is not complete, the Seller will contact the Customer. If it is not possible to contact the Customer, the Seller has the right to cancel the Order.
f. The customer may use the option of remembering his data by the system in order to facilitate the process of placing another Order. For this purpose, the Customer should provide the login and password necessary to access his account. The Customer’s login is the e-mail address provided by him. The password is a sequence of characters set by the Customer. The Customer’s password is not known to the Seller and the Customer is obliged to keep it secret and protect it against unauthorized access by third parties.
g. After the Customer places an effective order, he will receive an automatic reply from the store confirming the receipt of the order.
4. Costs and shipping date
a. The goods are sent to the address indicated in the order form, provided by phone or by e-mail. The store will inform the customer immediately about an incorrectly completed order form, which prevents or may delay the shipment.
b. The goods are delivered by specialized courier companies and official polish post office.
c. The shipment is delivered in accordance with the date specified for each Product on the website. This is an approximate delivery time and it applies to orders when choosing the pay immediately option, until the time specified on the website pages, the time of crediting the funds should be added.
d. The customer is charged for delivery (shipping) specified when placing the order.
5. Payment
a. Payment for the ordered goods can be made via the electronic payment system Przelewy24, Paypal or by a traditional bank transfer.
6. Withdrawal from the contract
a. A consumer who has concluded a distance contract has the right to withdraw from the contract without giving a reason by submitting an appropriate statement in writing, within 14 days (legal basis: Article 7 (1) of the Act of March 2, 2000 on the protection of certain consumer rights and on liability for damage caused by a dangerous product, Journal of Laws No. 22, item 271, as amended). This deadline is a deadline and counts from the date of delivery of the item. To meet this deadline, it is enough to send a statement before its expiry to the address of the Service Provider.
b. In the event of withdrawal from a distance contract, the contract is considered void. What the parties have testified is returned unchanged, unless the change was necessary within the ordinary management.
c. The return should be made immediately, not later than within 14 days. The purchased goods should be returned to the address indicated by the Service Provider. Return address: Up! Warsaw Magdalena Nowak, ul. Koszalińska 2, 76-200 Słupsk, Poland.
d. The consumer is responsible for reducing the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
e.. The Seller shall immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return all payments made by the Consumer, the Seller is not obliged to reimburse the Consumer for additional costs related to the shipment in accordance with Article 33 of the Consumer Law.
f. 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 payment method that does not involve any costs for him.
g. If there is a need to return funds for a transaction made by the Consumer with a payment card, the Seller will be refunded to the bank account assigned to the Consumer’s payment card.
h. The Seller may withhold the reimbursement of the payment received from the Consumer until the goods are returned.
i. The consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the contract:
1. 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 to withdraw from the contract;
2. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;
7. Complaints procedure
a. Complaints should be submitted to the address of the Service Provider.
b. When submitting a complaint, the advertised product should be delivered to the Service Provider along with a proof of purchase and a completed complaint application.
c. The service provider will consider the complaint within 14 days from the date of filing the complaint. If the complaint is considered to the benefit of the customer, the service provider will replace the advertised goods with new, full-value goods or return the value of the purchased goods.
8. Privacy policy and personal data protection
a. The Service Provider is the administrator of databases of personal data provided by customers of the online store in connection with purchases.
b. Personal data is used to implement sales contracts, therefore they may be transferred to entities responsible for the delivery of purchased goods to the customer and, in the case of installment purchases, to institutions that credit the purchase. Customers have the right to access their data and to correct it. The data is provided voluntarily.
c. Information on the methods and technical measures for detecting and correcting errors in the data entered:
1.When submitting the Order, until the button “Place an order” is pressed, Customers have the option of correcting the entered data themselves,
2. Data verification or correction of the Order may also be made by sending an e-mail to the Service Provider at the address info@upwarsaw.com,
3. The customer has the option to change the data entered when creating the Account at any time within the available options.
d. Information on the principles and methods of recording, securing and sharing the content of the concluded contract by the Service Provider:
- The content of the concluded contract is recorded, secured and made available by sending an appropriate e-mail after the conclusion of the Sales Agreement.
2. The content of the concluded Sales Agreement is consolidated, secured and made available by sending the content of the concluded contract to the e-mail address provided to the Customer or by providing the Customer with the specification of the Order and proof of purchase.
3. The content of the concluded contract is additionally recorded and secured in the Service Provider’s IT system and made available at each Customer’s request.
9. Amendments to the Regulations
a. If there has been a change in the Store’s Regulations since the last login, the Customer accepts or not its provisions after the changes. If you do not accept the terms of the Regulations, in particular after introducing changes to it, shopping in the Online Store is not possible.
b. A customer who does not accept the changes introduced in the Regulations has the right to delete the account at any time.
Orders placed by customers before the amendments to the Regulations enter into force will be implemented in accordance with the existing provisions of the Regulations.
10. Final provisions
a. Nothing in these regulations is intended to infringe the Buyer’s rights. It cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute compliance and application of this law in place of the questioned provision of the regulations.
b. The registered Buyers will be notified by e-mail about changes to the regulations and their scope (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced in order to adapt the regulations to the applicable legal status.
c. The current version of the regulations is always available to the Buyer in the regulations tab www.upwarsaw.com/pl/regulamin. During the execution of the order and throughout the entire period of after-sales care, the Buyer is bound by the regulations accepted by him when placing the order. Except when the Consumer finds it less favorable than the current one and informs the Seller about the choice of the current one as binding.
d. In matters not covered by these regulations, the relevant legal provisions shall apply. Disputed issues, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or the arbitration process at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-litigation or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those listed in the UOKiK register. The seller declares his intention and agrees to an out-of-court resolution of the consumer dispute.
As a last resort, the matter is resolved by the local and material court.