STORE REGULATIONS





Online store regulations

§1
Introductory Provisions
  1. The online store https://www.byelsewear.com is operated by ROCKS GOĆWIŃSKI spółka jawna with its registered office in Zielona Góra, ul. Wrocławska 17, 65-427 Zielona Góra, entered into the National Court Register under KRS number 0000923665, NIP number 929-193-03-22, REGON number 368642816;
  2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules of using the online Store and the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
§2
Definitions
  1. Consumer - a natural person concluding a contract with the Seller within the Store, the subject of which is not directly related to their business or professional activity. The provisions concerning the Consumer contained in the Regulations apply to a natural person concluding a contract directly related to their business activity, when it results from the content of this contract that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
  2. Seller/Service Provider – ROCKS GOĆWIŃSKI spółka jawna;
  3. Customer – any entity making purchases through the Store.
  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, who uses the Store and concludes an agreement directly related to the business activity, when the content of this agreement indicates that it is of a professional nature for this person, resulting in particular from the subject of the business activity conducted by the Entrepreneur.
  5. Shop - online shop run by the Seller at the Internet address https://www.byelsewear.com
  6. Distance contract - a contract concluded with the Customer as part of an organized distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Regulations - these regulations of the Store.
  8. Order - a declaration of intent of the Customer submitted using the Order Form and aiming directly at concluding a Sales Agreement for a Product or Products with the Seller.
  9. Account - the customer's account in the Store, it collects data provided by the Customer and information about the Orders placed by him in the Store.
  10. Registration form – a form available in the Store enabling the creation of an Account.
  11. Order Form - an interactive form available in the Store enabling the placement of an Order, in particular by adding Goods to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Cart – an element of the Store software in which the Goods selected by the Customer for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of Goods.
  13. Goods – a movable item/service available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
  14. Sales Agreement - a sales agreement for Goods/Goods concluded or entered into between the Customer and the Seller via the Online Store.
  15. Return form - a form available in the Store enabling withdrawal from the Sales Agreement.
§3
Contact with the Store
  1. Seller's address: ROCKS GOĆWIŃSKI spółka jawna, ul. Wrocławska 17, 65-427 Zielona Góra
  2. Seller's email address: info@byelsewear.com
  3. Seller's telephone number: +48 68 326 64 77
  4. Seller's hotline number: +48 512 603 739.
  5. Seller's bank account number: IBAN: PL 66 1140 2004 0000 3702 8463 8154 BIC/SWIFT: BREXPLPWMBK
  6. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this section.
  7. The Customer may communicate with the Seller by telephone between 9:00 a.m. and 4:00 p.m. from Monday to Friday.
§4
Terms of Use of the Store
  1. The Customer is obliged to use the Services offered by the Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, with the provisions of these Regulations, and not to provide content prohibited by generally applicable provisions of law.
  2. The agreement for the provision of services by electronic means is concluded upon successful completion of the appropriate fields and acceptance by the Customer of the registration form available on the Store's website.
  3. The Service Provider provides the following Services via the Online Store:
    - presentation of the Store's offer;
    - the possibility of placing Orders for Goods and concluding a distance sales agreement for Goods;
    - informing the Customer about the status of the Order;
    - use of the Account;
    - Newsletter, as provided for in § 16 of the Regulations;
  4. To use the Store, including browsing the Store's assortment and placing orders for Goods, you must:
    a. a terminal device with access to the Internet and a web browser.
    b. active electronic mail account (e-mail),
    c. cookies enabled,
  5. To ensure the safety of using the Online Store, it is recommended that the device used by the Customer has:
    - antivirus system with the latest version of virus definitions and updates, effective security firewall;
    - all available security updates for the operating system and web browser installed.
  6. The Customer is solely responsible for the content they post in the Online Store. In the event that the Customer posts content prohibited by law in the Online Store, the Seller is authorized to remove it and terminate the agreement for the provision of electronic services with immediate effect.
  7. The agreement for the provision of services by electronic means is concluded for an indefinite period and may be terminated in accordance with the principles specified in applicable legal regulations and in these Regulations. Termination of the agreement is identical to deletion of the Customer's account.
  8. Complaint procedure for services provided electronically:
    - you can submit a complaint in writing or by e-mail;
    - the complaint should include: the name of the service recipient and his address or e-mail address;
    - identification of the service to which the complaint relates;
    - justification;
    - after the complaint has been resolved, the Service Provider will inform the person filing the complaint about its acceptance or refusal to accept; if the decision is negative, it should be justified;
  9. The Service Provider informs that the use of services provided electronically via the Internet is associated with risk. The basic risk is the possibility of infection of the IT system by viruses, Trojan horses, etc. In order to avoid the risk, it is recommended that persons using the store install and regularly update antivirus programs.
  10. The Service Provider introduces "cookies" files into the IT system used by the person using the Online Store, i.e. a small piece of text that the Internet service sends from the browser and which the browser sends back on subsequent visits to the site. It is mainly used to maintain the session, e.g. by generating and sending back a temporary identifier after logging in. However, it can be used more broadly by remembering any data that can be encoded as a string of characters. Thanks to this, the user does not have to enter the same information every time they return to the site or go from one page to another.
§5
General information
  1. The Seller shall not be liable, to the fullest extent permitted by law, for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Customer's technical infrastructure.
  2. Browsing the Store's assortment does not require creating an Account. Placing orders by the Customer for Goods in the Store's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Regulations or by providing the necessary personal and address data enabling the execution of the Order without creating an Account.
  3. The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Goods and the cost of delivery (including transport, delivery and postal charges), about which the Customer is informed on the Store's website when placing the Order, including when expressing the will to be bound by the Sales Agreement.
  5. Where the nature of the subject matter of the Contract does not allow, reasonably assessed, for the final (final) price to be calculated in advance, information on the manner in which the price will be calculated, as well as on transport, delivery, postal services and other costs, will be provided in the Store.
§6
Shopping in the Store
  1. The Customer may register in the Store, i.e. create an Account there, or make purchases without registration by providing his/her data with each order.
  2. To create an Account in the Store, you must provide an e-mail address to which a one-time password for the first login will be sent.
  3. Creating an Account in the Store is free.
  4. Subsequent logging in to the Account using the email address provided during registration is done automatically.
  5. The Customer may at any time, without giving any reason and without incurring any fees, delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses provided in § 3.
§7
Rules for placing an order
  1. In order to conclude a Sales Agreement via the Store, go to the website https://www.byelsewear.com and select the Goods by performing subsequent technical actions based on the messages displayed to the Customer and the information available on the website.
  2. The Customer selects the Goods to be ordered by adding them to the shopping cart.
  3. During the Order placement process – until the button confirming the Order placement is pressed – the Customer has the option to modify the entered data and the selected Product. To do this, the Customer should follow the messages displayed to them and the information available on the website.
  4. After the Customer using the Online Store has provided all necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among other things, a description of the selected Goods, the total price and all other costs.
  5. In order to send an Order, it is necessary to accept the Regulations, provide personal data marked as mandatory and click the button confirming the placement of the Order - "Order and pay" and then select one of the available payment methods and, depending on the payment method, pay for the order, unless cash on delivery is selected.
  6. After placing the order, the Customer receives an e-mail confirming that the Order has been received by the Store, containing confirmation of all essential elements of the order.
§8
Offered delivery and payment methods
  1. The ordered Goods are delivered in accordance with the Customer’s choice when placing the Order: via a courier company or to InPost parcel lockers.
  2. The customer can use the following payment methods:
    a) Cash on delivery
    b) Online payments handled by PayPro SA with its registered office in Poznań at ul. Pastelowa 8, 60-198, including:
    - electronic transfer,
    - BLIK, visa Mobile, Apple Pay, Google Pay,
    - payment card (Visa, Mastercard),
    - PayPo (payment deferred up to 30 days),
    - installment payment (eRaty)
  3. Detailed information on delivery methods and acceptable payment methods can be found on the Store's website.
§9
Execution of the sales contract
  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with § 7 of the Regulations.
  2. After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending an appropriate e-mail message by the Seller to the Customer to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.
  3. In the case of foreign Customers making payments by traditional transfer, the Customer is obliged to make the payment by traditional transfer to the account specified in § 3 point 5 of the Regulations within 7 days from the date of conclusion of the Sales Agreement. After exceeding this deadline, the Agreement will be deemed not to have been concluded.
  4. In the event of ordering Goods with different delivery dates, the delivery date is the longest date given.
  5. The beginning of the delivery period of the Goods to the Customer is counted as follows:
    a) If the Customer chooses to pay online by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    b) If the Customer chooses cash on delivery as a payment method – from the date of conclusion of the Sales Agreement.
    c) In the case of Foreign Customers - from the date of crediting the Seller's bank account
  6. Delivery of Goods takes place within the European Union.
  7. Delivery of the Goods to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Goods (including transport and delivery charges) are indicated to the Customer on the Online Store website in the "Delivery time and costs" tab and during the Order placement, including when the Customer expresses their will to be bound by the Sales Agreement.
§10
Right of withdrawal
  1. The consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
  2. The period specified in paragraph 1 begins with the delivery of the Goods to the Consumer.
  3. The Consumer may withdraw from the Agreement by submitting a withdrawal form ("return form") to the Seller. To meet the withdrawal deadline, it is sufficient for the Consumer to send a statement before the deadline expires.
  4. The form can be sent via traditional mail by sending the form to the Seller's address - the Seller's contact details are specified in § 3.
  5. Consequences of withdrawal from the Agreement:

    a) In the event of withdrawal from a Contract concluded at a distance, the Contract shall be deemed not to have been concluded.

    b) In the event of withdrawal from the Agreement, the Seller shall immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, return to the Consumer all payments made by him, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard method of delivery available in the Online Store).

    c) The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.

    d) The Seller may withhold reimbursement until receiving the Goods back or until proof of their return is provided, depending on which event occurs first.

    e) The Consumer should return the Goods to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller of the withdrawal from the Agreement. The deadline will be met if the Consumer returns the Goods before the expiry of the 14-day period.

    f) In the event of withdrawal from the contract, the Consumer shall bear the costs of returning the Goods, subject to point g below.

    g) If the value of the returned Goods is at least PLN 300, the Consumer may use the option of free return of the Goods via: Quick Returns implemented by InPost via the website: szybkozwroty.pl.

    h) If the Consumer uses the return option described in point g, the return rules are specified in the Inpost szybkozwroty.pl regulations.

    i) After the Consumer submits an application for a free return of the Goods via the quick returns.pl option, the Seller checks the formal conditions: compliance with the deadline for withdrawal from the contract by the Consumer, the value of the Goods and within 2 business days accepts the application or refuses to accept it if it does not meet the conditions for a free return.

    j) The Consumer is only liable for a reduction in the value of the Goods resulting from using them in a manner other than necessary to establish the nature, characteristics and functioning of the Goods.

  6. When the value of the returned goods is lower than PLN 300, the Consumer may declare their will to use the option of returning the Goods via the szybkozwroty.pl service implemented by InPost by searching for the store: by elsewear and filling in the return form. After the application is accepted by the Seller via the szybkozwroty.pl service, the Consumer has the right to return the goods via the szybkozwroty.pl service, however, in this case they will bear the costs of returning the Goods in the amount of PLN 18.45.
  7. If, due to the nature of the goods, they cannot be returned by regular post, information about this, as well as the costs of returning the Goods, will be included in the description of the Goods in the Store.
§11
Liability for non-conformity of goods with the contract
  1. The Sales Agreement covers new Goods.
  2. In the event of a non-compliance with the contract regarding the Goods purchased from the Seller, the Consumer has the right to make a complaint based on generally applicable legal provisions – the Consumer Rights Act.
  3. The Seller is liable to the Consumer for any non-conformity of the Goods with the contract if it is discovered before the expiry of 2 years from the date of delivery.
  4. The Consumer shall submit a complaint regarding the non-conformity of the Goods with the contract in writing or electronically to the Seller’s addresses provided in these Regulations.
  5. The complaint should include: a concise description of the non-conformity, the circumstances (including the date) of its occurrence, the data of the Customer filing the complaint, and the Customer's request. It is also advisable to include a photograph showing the occurrence of the non-conformity with the contract. It is suggested to attach proof of purchase of the Goods in order to streamline the complaint process. Only after considering the complaint via e-mail will the Seller inform the Customer about further proceedings.
  6. If the Goods are inconsistent with the contract, the Consumer may request that they be repaired or replaced.
  7. The Seller may make an exchange when the Consumer requests a repair, or may make a repair when the Consumer requests an exchange if bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs. If repair and exchange are impossible or would require excessive costs for the Seller, he may refuse to bring the Goods into conformity with the contract.
  8. The Seller shall repair or replace within a reasonable time from the time the Consumer has informed him of the lack of conformity with the contract, and without excessive inconvenience to the Consumer. The costs of repair or replacement shall be borne by the Seller,
  9. The consumer makes available to the Seller the Goods subject to repair or exchange. The entrepreneur collects the Goods from the entrepreneur at his own expense.
  10. If the Goods are inconsistent with the contract, the Consumer may submit a declaration of price reduction or withdrawal from the contract when:
    a) the Seller refused to bring the Goods into conformity with the contract;
    b) the Seller failed to bring the Goods into conformity with the contract;
    c) the lack of conformity of the Goods with the contract persists despite the fact that the Seller has attempted to bring the Goods into conformity with the contract;
    d) the lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior exercise of the right to repair or replacement
    e) it clearly follows from the Seller's statement or the circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the consumer.

  11. The reduced price must be in such proportion to the price resulting from the contract that the value of the Goods inconsistent with the contract remains to the value of the Goods consistent with the contract. The Seller shall return to the Consumer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the consumer's declaration of a price reduction.
  12. The consumer cannot withdraw from the contract if the lack of conformity of the Goods with the contract is immaterial. In the event of withdrawal from the contract, the Consumer shall immediately return the Goods to the Seller at his expense. The Seller shall return the price to the consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return.
§12
Personal data in the Online Store
  1. The administrator of Customers' personal data collected via the Online Store is the Seller.
  2. Customers' personal data collected by the administrator via the Online Store are collected for the purpose of executing the Sales Agreement and, if the Customer consents, also for marketing purposes.
  3. The recipients of the personal data of Customers of the Online Store may be:
    a) In the case of a Customer who uses the courier delivery method in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier or intermediary carrying out the shipments on behalf of the Administrator.
    b) In the case of a Customer who uses electronic payment in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store.

  4. The customer has the right to access and correct their data.
  5. Providing personal data is voluntary, however, failure to provide the personal data indicated in the Regulations and necessary to conclude the Sales Agreement results in the inability to conclude said agreement.
  6. More information about personal data protection can be found in the Privacy Policy tab
§13
Order processing time
  1. The total order fulfillment time is a maximum of 14 days from the date of placing the order by the Customer, however the Seller makes every effort to fulfill orders as quickly as possible. In the event of a delay by the Seller, the Customer may set an additional deadline for the delivery of the item, and after its ineffective expiry, withdraw from the contract.
  2. Typically, the order processing time is less than 14 days and is as follows:
    a) in the case of prepaid orders, they are completed and shipped within 1 business day from the date of receipt of payment from the Customer,
    b) in the case of orders paid on delivery, they are completed and shipped within 1 business day from the day the Customer places the order,
    c) the average delivery time of a parcel by courier or parcel locker is 24-48 hours from the moment of sending,
    d) the average delivery time by courier abroad from the moment of sending is 5 days.
§14
Delivery, collection of order
  1. Delivery costs within the Republic of Poland are specified in the "Delivery time and costs" tab.
  2. Shipping costs for the Goods are displayed on the Store's website during the order placement process, including immediately before and at the time of confirmation and placement of the order by the Customer. The total value of the order includes the Price and shipping costs
  3. For orders over PLN 300, shipping within Poland is free
  4. It is possible to deliver a parcel outside Poland to the following countries: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France (continent), Greece, Spain (continent), Netherlands, Ireland, Latvia, Lichtenstein, Lithuania, Luxembourg, Germany, Norway, Portugal (continent), Romania, Slovakia, Slovenia, Sweden, Switzerland, Hungary, Italy. The customer is informed about the shipping cost during the placement, before confirming the Order.
  5. Shipping costs outside Poland are in line with the courier company's price list. Shipping costs outside Poland depend on the destination and the weight of the package.
  6. In accordance with the Transport Law, if before the delivery of the shipment it turns out that it has suffered a loss or damage, the Customer should demand that the carrier immediately, in a protocol, determine the condition of the shipment and the circumstances of the damage. If after the delivery of the shipment a loss or damage is discovered that could not be seen from the outside upon receipt, the Customer should immediately after the discovery of the damage, but no later than within 7 days from the date of receipt of the shipment, report to the carrier a request to determine the condition of the shipment.

§15
Newsletter
  1. The Customer has the option to order a Newsletter - a service provided by the Store. The Newsletter is sent only to those Customers who have ordered this service.
  2. As part of the free Newsletter service, information in the form of an electronic letter is sent via e-mail to the e-mail address provided by the Customer. The Newsletter contains information about the Seller's offer of Goods, new collections, promotions.
  3. The Customer may at any time change the e-mail address to which the Newsletter is sent or completely resign from making this service available to him by sending an appropriate request to the e-mail address provided in § 3 sec. 2.

§16
Other rights and obligations
  1. Each party may terminate the agreement for the provision of electronic services at any time without giving reasons, however, in such a case each party retains the rights acquired before the termination of the agreement.
  2. The Customer who has registered terminates the agreement for the provision of services by electronic means by deleting the account himself, consisting in submitting an instruction to delete it or submitting a request to delete the Account, and in the case of a request to delete the Account, the termination of the agreement takes place after the notice period of 5 days.
  3. In order to terminate the contract for the provision of services by electronic means, the Service Provider is obliged to inform the Customer at the e-mail address provided during registration 14 days in advance before the date of account deletion.
  4. The Service Provider is entitled to withdraw from the provision of electronic services with immediate effect if the Customer breaches the provisions of these Regulations.
§17
Final provisions
  1. Agreements concluded via the Online Store are concluded in Polish.
  2. The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes in legal regulations, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer of each change at least 7 days in advance.
  3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of services by electronic means; the Act on consumer rights, the Act on the protection of personal data.