Terms and conditions

RULES AND REGULATIONS

§1 Definitions

Postal address – name or name of the institution, location in the locality (in the case of a locality divided into streets: street, building number, apartment or premises number; in the case of a locality not divided into streets: name of the locality and property number), postal code and locality.
Claims address:

PINSWEAR B. PAKUŁA SPÓŁKA JAWNA Traktorowa 128/38,

91-204 Łódź , Poland

Delivery price list – located on the card of each product – a summary of available types of delivery and their costs.
Contact information:

PINSWEAR B. PAKUŁA SPÓŁKA JAWNA

Traktorowa 128/38,

91-204 Łódź , Poland

e-mail: sklep@pinswear.com

phone: +48 690 008 721

Delivery – the type of shipping service along with the carrier and cost listed in the delivery price list located on the card of each product
Proof of purchase – an invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
Product card – a single sub-page of the store containing information about a single product.
Customer – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.
Civil Code – the Civil Code Act of April 23, 1964, as amended.
Code of Good Practices – a set of rules of conduct, and in particular ethical and professional standards, referred to in Article 2 item. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
Shopping cart – a list of products compiled from the products offered in the store based on the Buyer’s choices.
Buyer – both Consumer and Customer.
Place of delivery of the item – the postal address or collection point indicated in the order by the Buyer.
The moment of delivery of the item – the moment when the Buyer or a third party designated by him for collection takes possession of the item.
ODR online platform – an EU online service operating on the basis of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC and available at the following address: https://webgate.ec.europa.eu/odr
Payment – the method of making payment for the subject of the contract and delivery
Eligible entity – an entity entitled to out-of-court resolution of consumer disputes within the meaning of the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, as amended.
Consumer Law – Law on Consumer Rights of May 30, 2014.
Product – the minimum and indivisible quantity of things that can be the subject of an order, which is given in the Seller’s store as a unit of measurement when determining its price (price/unit).
Subject of the contract – the products and delivery that are the subject of the contract.
Przedmiot świadczenia – przedmiot umowy.
Pickup point – the place of delivery of an item that is not a postal address, listed in the listing provided by the Seller in the store.
OCCP Register – a register of authorized entities maintained by the Office of Competition and Consumer Protection pursuant to the Act on Out-of-Court Resolution of Consumer Disputes of September 23, 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php
Thing – a movable thing that can be or is the subject of a contract.
Store – Internet service available at https://pinswear.com through which the Buyer can place an order.
Seller:

PINSWEAR B. PAKUŁA SPÓŁKA JAWNA

Traktorowa 128/38,

91-204 Łódź , Poland

NIP: 7292718385, REGON: 36790789100000

BANK ACCOUNT: 37 1140 2004 0000 3102 7703 3782

System – a set of cooperating information technology equipment and software, providing processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for the type of network, commonly referred to as the Internet.
Lead time – the number of hours or working days specified on the order sheet.
Contract – a contract concluded off-premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014 for Consumers and a contract of sale within the meaning of Article 535 of the Civil Code Act of April 23, 1964 for Buyers.
Defect – both a physical defect and a legal defect.
Physical defect- non-compliance of the sold thing with the contract, and in particular if the thing:
1. it does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or purpose;
2. does not have properties, the existence of which the Seller assured the Consumer,
3. is not suitable for the purpose about which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;
4. was delivered to the Consumer in an incomplete state;
5. in the event of its incorrect installation and start-up, if these actions were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
6. it does not have the characteristic that was assured by the manufacturer or its representative or the person who places the thing on the market in the scope of his business activity and the person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the manufacturer, unless the Seller did not know or, judging reasonably, could not know these assurances or they could not have influenced the Consumer’s decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
Legal defect – a situation when the thing sold is owned by a third party or is encumbered by a right of a third party, and also if the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.
Order – a declaration of will of the Buyer made through the store, specifying unambiguously: the type and quantity of products; type of delivery; type of payment; place of delivery of items, Buyer’s data and aiming directly at concluding a contract between the Buyer and the Seller.

§2 General conditions

The contract is concluded in the Polish language, in accordance with Polish law and these regulations.
The place of delivery of the item must be in the territory of the Republic of Poland.
The seller is obliged and undertakes to provide services and goods free of defects.
All prices quoted by the Seller are expressed in Polish currency and are gross prices (included VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
All time limits are calculated in accordance with Article 111 of the Civil Code, i.e. a time limit specified in days ends with the expiration of the last day, and if the beginning of a time limit specified in days is a certain event, the day on which the event occurred shall not be taken into account in calculating the time limit.
Confirmation, access, recording, securing of all material provisions of the contract for future access to such information shall be made:
1. confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, model withdrawal form in pdf version, links to self-download regulations and model withdrawal form;
2. The seller informs about the known warranties provided by third parties for the products in the store.
3. The Seller shall not charge any fees for communicating with him by means of distance communication, and the Buyer shall bear the costs thereof in the amount resulting from the contract he has concluded with a third party providing him with a particular service that enables remote communication.
4. The Seller shall ensure to the Buyer using the system the correctnesś of operation of the store in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with horizontal resolution above 1024 px. The use of third-party software affecting the operation and functionalitý of Internet Explorer, FireFox, Opera, Chrome, Safari browsers may affect the correct display of the store, so in order to obtain the full functionality of the store https://pinswear.com, you should disable all of them.
5. The buyer can use the option of remembering his data by the store to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a string of characters established by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Buyer has at any time the possibilitý to inspect, correct, update data and delete the account in the store.
6. The seller complies with the Code of Good Practice.
7. The buyer is obliged to: a.Not to provide or transmit content that is prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties, b.to use the store in a manner that does not interfere with its operation, in particular through the use of specific software or devices, c.not to take actions such as: sending or posting unsolicited commercial information (spam) within the store, d.use the store in a manner that is not burdensome to other Buyers and the Seller, e.use any content posted within the store only for your own personal use, f. to use the store in a manner consistent with the provisions of the law in force on the territory of the Republic of Poland, the provisions of the Rules of Procedure, as well as with the general principles of netiquette.

§3 Contract conclusion and implementation

Orders can be placed 24 hours a day̨.
To place an order, the Buyer should perform at least the following steps, some of which may be repeated several times:
1. Adding a product to your cart;
2. selection of the type of delivery;
3. selection of payment type from among the methods offered, Stripe, PAY PAL- electronic payment systems;
4. choice of place of delivery of the item;
5. placing an order in the store by using the “Order with obligation to pay” button.
6. The conclusion of the contract with the Consumer occurs when the order is placed.
7. Fulfillment of the Consumer’s order paid via the PayU electronic payment system takes place after the Consumer’s payment is credited to the Seller’s account, which should be done within 30 days of placing the order, unless the Consumer was unable to fulfill the performance through no fault of his own and informed the Seller about it.
8. The contract with the Customer is concluded upon the Seller’s acceptance of the order, of which the Seller shall inform the Customer within 48 hours of placing the order.
9. Completion of the Customer’s order paid via the electronic payment system Tpay.com takes place after the conclusion of the contract and crediting of the Customer’s payment to the Seller’s account.
10. Completion of the Customer’s order may be subject to payment of the total value of the order.
11. The shipment of the contract item takes place within the time limit specified on the product card, and for orders consisting of multiple products within the longest time limit of those specified on the product cards. The time limit begins to run when the order is processed.
12. The purchased contract item is shipped by the type of delivery chosen by the Buyer to the place of delivery indicated by the Buyer in the order.

§4 Right to withdraw from the contract

The consumer, pursuant to Article 27 of the Consumer Law, has the right to withdraw from a contract concluded at a distance, without giving any reason and without incurring costs, except for the costs set out in Article 33, Article 34 of the Consumer Law.
The deadline for withdrawal from a distance contract is 14 days from the delivery of the item, and sending the declaration before the deadline is sufficient to meet the deadline.
The declaration of withdrawal may be submitted by the Consumer on the form, the model of which is attached as Annex No. 2 to the Consumer Law, on the form available at https://pinswear.com/dostawa-i-platnosc/ or in another form in accordance with the Consumer Law.
The Seller shall promptly acknowledge to the Consumer by e-mail (specified at the conclusion of the contract or other if specified in the declaration submitted) the receipt of the declaration of withdrawal.
In the event of withdrawal, the contract shall be deemed not to have been concluded.
The consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he or she has withdrawn from the contract. To meet the deadline it is sufficient to send the item back before its expiry.
The consumer shall send back the goods which are the subject of the contract from which he has withdrawn at his own expense.
The consumer shall not bear the cost of supplying digital content which is not recorded on a tangible medium where the consumer has not consented to the performance before the expiry of the withdrawal period or has not been informed of the loss of the right of withdrawal when giving such consent, or the trader has not provided confirmation in accordance with Articles 15(1) and 21(1) of the Consumer Law.
The consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which results from the use of the thing beyond what is necessary to establish its nature, characteristics and functioning.
The Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the contract return to the Consumer all payments made by the Consumer, including the costs of delivery of the item to the Consumer, and if the Consumer has chosen a delivery method other than the cheapest ordinary delivery method offered by the Seller, the Seller shall not reimburse additional costs to the Consumer in accordance with Article 33 of the Consumer Law.
The Seller shall refund the payment using the same means of payment used by the Consumer, unless the Consumer has expressly agreed to another means of payment that does not incur any costs for the Consumer.
The Seller may withhold reimbursement of the payment received from the Consumer until it has received the item back or the Consumer has provided evidence of its return, whichever event occurs first.
The consumer has no right of withdrawal under Article 38 of the Consumer Law:
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 end of the withdrawal period;
2. in which the object of the performance is a non-refabricated item produced to the consumer’s specifications or intended to meet the consumer’s individual needs;
3. where the object of the performance is an item that is perishable or has a short shelf life;
4. where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery;
5. in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery;
6. in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery;
7. for the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer’s express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal;
8. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract.

§5 Warranty

On the basis of Article 558§1 of the Civil Code, the seller completely disclaims any liability to customers for physical and legal defects (warranty).
The Seller shall be liable to the Consumer under the terms of Article 556 of the Civil Code et seq. for defects (warranty).
In the case of a contract with a Consumer, if a physical defect is discovered before the expiry of one year from the delivery of the item, the defect shall be deemed to have existed at the time when the danger passed to the Consumer.
If the sold thing has a defect, the consumer can:
1. make a statement requesting a price reduction;
2. make a declaration of withdrawal;

unless the Seller immediately and without undue inconvenience for the Consumer replaces the defective thing with a thing free from defects or removes the defect. However, if the thing has already been replaced or repaired by the Seller or the Seller has failed to comply with the obligation to replace the thing with a defect-free thing or remove the defect, the Seller shall not be entitled to replace the thing or remove the defect.

A consumer may, instead of rectifying a defect suggested by the Seller, demand that the item be replaced with a defect-free item or, instead of replacing the item, demand that the defect be rectified, unless bringing the item into conformity with the agreement in the manner selected by the consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller, while assessing the excessive costs, the value of the defect-free item, type and significance of the defect found shall be taken into account, as well as inconvenience to which other manner of satisfaction would expose the consumer.
The consumer cannot withdraw from the contract if the defect is immaterial.
If the sold thing has a defect, the consumer can also:
1. demand that the item be replaced with a defect-free item;
2. demand that the defect be rectified.
The Seller is obliged to replace the defective item with a defect-free one or to remove the defect within a reasonable time without undue inconvenience for the Consumer.
The Seller may refuse to satisfy the Consumer’s request if it is impossible to bring the defective thing into conformity with the contract in the manner chosen by the Buyer or if, in comparison with the other possible manner of bringing it into conformity with the contract, it would require excessive costs.
If the defective item has been assembled, the Consumer may request the Seller to dismantle and reassemble it after the defect has been replaced or the defect has been remedied, but the Consumer shall be obliged to bear part of the related costs exceeding the price of the thing sold or may request the Seller to pay part of the costs of dismantling and reassembly, up to the amount of the price of the thing sold. If the Seller fails to perform his obligation, the Consumer is entitled to perform these actions at the Seller’s expense and risk.
The Consumer who exercises warranty rights is obliged to deliver the defective thing at the Seller’s expense to the complaint address, and if, due to the type of thing or the way it is installed, delivery of the thing by the Consumer would be excessively difficult, the Consumer is obliged to make the thing available to the Seller at the place where the thing is located. If the Seller fails to fulfil this obligation, the Consumer is entitled to send the thing back at the Seller’s expense and risk.
The costs of replacement or repair shall be borne by the Seller, with the exception of the situation described in §5 point 10.
The seller is obliged to accept the defective item from the consumer if the item is replaced with a defect-free item or if the contract is cancelled.
The Seller shall, within fourteen days, respond to the following based on Article 5615 of the Civil Code: a statement requesting a price reduction, a request to replace the item with a defect-free item, a request to remove the defect. The Seller shall, within thirty days (Article 7a of the Consumer Law), respond to any other statement of the Consumer that is not covered by the fourteen-day period specified in the Civil Code.

Otherwise, he shall be deemed to have acknowledged the Consumer’s statement or request as legitimate.

The Seller shall be liable under the warranty if a physical defect is discovered before the expiry of two years from the time the item is handed over to the Consumer and, if the object of sale is a used item, before the expiry of one year from the time the item is handed over to the Consumer.
The Consumer’s claim to have a defect remedied or to have the item sold replaced with a defect-free item shall become time-barred one year from the date on which the defect was discovered, but not before two years have passed since the item was handed over to the Consumer, and if the object of sale is a used item before one year has passed since the item was handed over to the Consumer.
In the event that the shelf life of an item specified by the Seller or the manufacturer expires more than two years after the item was handed over to the Consumer, the Seller shall be liable under warranty for any physical defects of the item found before the expiry of this period.
Within the time limits set out in §5 points 15-17, the Consumer may submit a declaration to withdraw from the contract or reduce the price due to a physical defect in the thing sold, and if the Consumer has requested that the thing be replaced with a defect-free one or that the defect be removed, the time limit for submitting a declaration to withdraw from the contract or reduce the price shall commence upon the ineffective expiry of the time limit for replacing the thing or removing the defect.
If one of the rights under the warranty is asserted before a court or an arbitration court, the time limit for the exercise of other rights to which the Consumer is entitled under this title shall be suspended until the proceedings have become final. The same shall apply mutatis mutandis to mediation proceedings, whereby the time limit for the exercise of other warranty rights to which the Consumer is entitled shall begin to run from the date of the court’s refusal to approve the settlement reached before the mediator or the ineffective termination of mediation.
For the exercise of rights under the warranty for legal defects of the thing sold, §5 points 15-16 shall apply, except that the time limit shall start to run from the day on which the Consumer became aware of the existence of the defect, and if the Consumer only became aware of the existence of the defect as a result of an action by a third party – from the day on which the ruling issued in the dispute with the third party became final.
If, due to a defect in the goods, the Consumer has made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by entering into the contract without knowing of the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of entering into the contract, the costs of collection, carriage, storage and insurance of the goods, reimbursement of the expenses made to the extent that he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the duty to compensate for damage under the general rules.
The expiry of any period for ascertaining a defect shall not preclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
The Seller shall, insofar as he is obliged to provide a service or financial performance to the Consumer, perform it without undue delay, but no later than the period prescribed by law.

§6 Privacy policy and data security

The administrator of the databases of personal data provided by consumers of the shop is the Seller.
The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Electronic Services Act of 18 July 2002. The buyer, by providing their personal data to the Seller when placing an order, agrees̨ to their processing by the Seller for the purpose of fulfilling the placed order. The buyer has the opportunity to review, correct, update and delete their personal data at any time.
The detailed rules for the collection, processing and storage of personal data used for the fulfilment of orders by the shop are described in the Privacy Policy, which can be found at: https://pinswear.com/polityka-prywatnosci/

§7 Final regulations

Nothing in these terms and conditions is intended to infringe the rights of the Buyer. Nor can it be interpreted in this way, sincė in the event of any part of these terms and conditions being inconsistent with applicable law, the Seller declares absolute compliance with̨ and application of that law in place of the challenged provision of the terms and conditions.
Registered buyers will be notified by e-mail (to the e-mail address provided when registering or ordering) of any changes to the terms and conditions. The notification will be sent at least 30 days before the new rules come into force. Amendments will be made to adapt the rules and regulations to the current legal situation.
The current version of the terms and conditions is always available to the Buyer under the terms and conditions tab (https://pinswear.com/regulamin/). During the execution of the order and throughout the period of after-sales care, the Buyer shall be bound by the terms and conditions accepted by the Buyer when placing the order. Except if the Consumer finds it less favourable than the current one and informs the Seller of the choice of the current one as binding.
1. In matters not covered by these Terms and Conditions, the relevant applicable legal provisions shall apply. Disputes, if the Consumer so wishes, shall be resolved through mediation proceedings before the Provincial Inspectorate of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the EU ODR online platform or by choosing any authorised entity from among those listed in the register of UOKiK. The Seller declares its intention and consents to the out-of-court resolution of a consumer dispute.

As a last resort, the case shall be decided by a court of local and material jurisdiction.