RULES OF THE INTERNET SHOP
- The owner of the UMÍLE SHOP online store located at umile.shop (UMÍLE SHOP) is UMILE Sp. z o. o. with headquarters in Bielsko-Biała, ul. Olszówka 57A, 43-400 B ielsko Biała entered into the Register of Entrepreneurs kept by the District Court in Bielsko Biała, 8th Commercial Division of the National Court Register, under KRS number 0000914112, NIP 5472226240, REGON 389561091, share capital: 5 PLN 000.00.
- By placing an order through UMÍLE SHOP, the Buyer declares that he has read the content of these Regulations and fully accepts its content.
- These Regulations are aimed at both consumers and entrepreneurs using UMÍLE SHOP.
- In matters not covered by these Regulations, the provisions of civil law shall apply, including the provisions of the Civil Code, the Act on Copyright and Related Rights and the Act on Consumer Rights.
- For the purposes of these Regulations, the following Definitions apply:
- Seller - UMILE Sp. z o. o. with headquarters in Bielsko-Biała, ul. Olszówka 57A, 43-400 Bielsko Biała, entered into the Register of Entrepreneurs kept by the District Court in Bielsko Biała, 8th Commercial Division of the National Court Register, under the number KRS 0000914112, NIP 5472226240, REGON 389561091, share capital: PLN 5,000.00;
- Buyer - means a natural or legal person or an organizational unit without legal personality concluding Transactions via UMÍLE SHOP.
- Product - means the goods that are the subject of the Transaction, available at UMÍLE SHOP;
- Registration Form - means the form enabling the creation of an Account, available at UMÍLE SHOP.
- Order Form - means the Electronic Service, a form available on the Platform;
- Consumer - means the Consumer within the meaning of the Civil Code;
- Account - a service provided electronically by the Seller, consisting in creating and maintaining an individual Buyer's account on the Platform;
- Civil Code - means the Act of 23 April 1964 (Journal of Laws of 2020, item 1740, as amended);
- Act on Copyright and Related Rights - means the Act of 4th February 1994 (Journal of Laws of 2021, item 1062, as amended);
- Consumer Rights Act - means the Act of May 20, 2014 (Journal of Laws of 2020, item 287 as amended);
- Entrepreneur - means an entrepreneur within the meaning of the Civil Code;
- Regulations - means these regulations;
- Purchase - means the conclusion of a sales contract within the meaning of the Civil Code concluded at a distance, as defined in the Consumer Rights Act, between the Buyer and the Seller regarding the Product or Digital Product.
- Order - Buyer's declaration of will expressing a direct will to make a Purchase, specifying the type and number of Products that the Buyer intends to purchase at UMÍLE SHOP, constituting the Buyer's offer.
- Any definitions contained in the singular include the plural and vice versa.
- 3.CONDITIONS FOR USING THE UMÍLE SHOP AND TECHNICAL REQUIREMENTS
- The minimum technical requirements to make a Purchase possible are:
- computer or other multimedia device with Internet access;
- access to e-mail;
- current version of the web browser: Mozilla Firefox; Internet Explorer, Opera, Google Chrome, Safari or Microsoft Edge;
- The Buyer is obliged to use UMÍLE SHOP in a manner consistent with the law and morality, bearing in mind the personal rights, copyrights and intellectual property of the Seller, product creators, digital products and third parties.
- If the content entered by the Buyer on UMÍLE SHOP or on the Seller's social media accounts, i.e. comments or ratings on Products, constitute a work within the meaning of the Copyright and Related Rights Act, the User grants the Seller a non-exclusive, free and non-transferable license to be used by The Seller of these works, in particular the publication of these works in UMÍLE SHOP and in the Seller's social media and advertising materials.
- UMÍLE SHOP offers the following electronic services: Account, Registration Form, Order Form and Newsletter.
- The electronic service Account is provided free of charge, for an indefinite period. The service allows the user to use the Account after prior registration made via the Registration Form. In the event of the User's inactivity for a period longer than 24 months, the User's account may be automatically deleted. The User may at any time, without giving any reason, resign from the provision of the Account Service, at any time, by sending an appropriate request to the Seller.
- The electronic service, Registration Form is provided free of charge, for an indefinite period of time. The Registration Form allows the User to set up an Account, the possession of which is necessary to use the Digital Products. Having an Account is not obligatory for the purchase of other Products.
- The electronic service Order Form is provided free of charge, is temporary and ends when the order is placed or when the User ceases to use the Order Form.
- The Newsletter electronic service is provided free of charge for an indefinite period of time, after prior consent by the User or after providing the e-mail address to which the Newsletter is to be sent. The User has the option to unsubscribe from the Newsletter at any time, without giving any reason (unsubscribing from the Newsletter) by sending an appropriate request to the Seller.
- 5 . CONCLUSION OF THE SALE AGREEMENT
- The conclusion of the Sales Agreement between the Buyer and the Seller takes place after the Buyer has placed an order using the Order Form available at UMÍLE SHOP, in accordance with §4 point 4 of the Regulations.
- Product prices visible in UMÍLE SHOP are given in Polish zlotys. Prices include taxes. The price of the Products does not include the cost of delivery (including charges for transport, delivery and postal services), excluding personal collection.
- The Product Sales Agreement is concluded after the Buyer completes the Order Form and confirms the Order by clicking the "Order" field. After placing the Order, the Seller sends the User a confirmation of placing the Order.
- The Sales Agreement between the Buyer and the Seller is concluded when the User receives confirmation of the sale of Products to the e-mail address provided by the User in the Order Form
- After the conclusion of the Digital Product Sales Agreement, the Buyer will receive a link to it within 1 calendar day. Digital Products in the form of a video course will be made available to the Buyer for an indefinite period, without the possibility of downloading them. In order to download the Digital Product in the form of a PDF file, click on the "Download" field.
- The vendor provides the User with the following payment methods:
- electronic payments and card payments via the transfery24.com/pl service, settlements of electronic payments and payment cards are carried out based on the Buyer's choice.
The entity responsible is PayPro SA with its registered office in Poznań, at ul. Kanclerska 15, 60-327 Poznań, entered into the register of entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP number 779236987.
- Shipment of Products to the User is payable, unless the Sales Agreement provides otherwise. Shipping costs are visible when placing an Order.
- Shipping of Products whose total value exceeds 400.00 (say: four hundred zlotys) is free.
- Personal collection of the Product by the User is free of charge.
- The seller provides the user with the following form of delivery:
- courier delivery; or
- pickup in person.
- Shipment of Products in Poland will take place within 7 working days from the crediting of the funds paid by the User for the Products being the subject of the Sales Agreement to the Seller's account.
- If the User chooses to collect the Product in person, the Product will be ready for collection within 3 Business Days, unless a different date has been specified in the Product description or in the Order.
- Points 4 and 5 above do not apply to Pre-sale Products, i.e. before the date of official sale.
- Pre-ordered products will be shipped within 7 working days from the start of official cooperation.
- 8 WITHDRAWAL FROM THE CONTRACT
- A buyer who is a consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the cost of delivery of the Product.
- The cost of returning the product, returned due to withdrawal from the contract referred to in point 1, is covered by the Buyer.
- A declaration of withdrawal may be submitted in writing to the Seller's address or in electronic form via e-mail to the following address: firstname.lastname@example.org;
- An exemplary model withdrawal form is attached as Annex 1 to these Regulations. The buyer who is a consumer may use the formula, but it is not obligatory.
- The withdrawal period begins with the delivery of the Product.
- In the event that the Buyer who is a consumer withdraws from a distance contract, the contract is considered null and void.
- In the event of the Buyer's withdrawal from the contract, the Seller is obliged to immediately, not later than within 14 days of receiving the Buyer's declaration of withdrawal from the Contract, return the Buyer's payments for the purchase of the Product (except for the costs of delivery and return of the Product, to which the Buyer is obliged to bear)
- The seller reimburses the payment using the same payment method that the buyer used. Seller may withhold payment pattern from Buyer until Product is received back.
- The Buyer is responsible for any diminished value of the Product resulting from its use beyond what is necessary.
- The scope of the Seller's liability towards the Buyer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable law, in particular art. 556-576 of the Civil Code.
- The seller is obliged to provide the buyer with a product free from you.
- Complaints should be submitted in writing to the address of the Seller together with the Product complained about and proof of purchase, to the following address: ul. Tamka 37, 00-355 Warsaw, with the annotation "Complaint".
- The complaint should include:
- contact details of the person submitting the complaint;
- information and circumstances regarding the subject of the complaint, in particular: type, date and circumstances of the defect occurrence;
- claim for compensation for the occurrence of damage, in particular the Buyer may request removal of the defect, replacement of the Product with a non-defective one, price reduction or refund (withdrawal from the contract).
- The Seller will respond to the Buyer's complaint immediately, not later than within 14 calendar days from the date of its submission. Failure to respond to the Seller in the above-mentioned period means that the Seller considered the complaint justified.
- The Buyer who exercises the rights under the warranty is obliged to deliver the defective Product at the Seller's expense to the address of the Seller's registered office.
- The seller is not obliged to provide the buyer with a replacement product for the duration of the complaint procedure.
- The Seller is not liable under the warranty for defects if the Product does not meet only the individual expectations of the Buyer.
- 9. ReLOVE PROMOTION
A customer who has purchased a Product in the form of a down overalls or a down jacket for children ("ReLOVE Promotion Product") may send it back to the Seller, at his own expense, if the product has become too small, at the same time agreeing to renew it sale.
The ReLove Eligible Product may be any children's jacket or overalls, with the exception of Products excluded from this promotion by the Seller, provided that it is in good condition, reusable and free from physical defects (including (including stains, impossible to clean).
For the activities referred to in point 1, the Buyer is entitled to a voucher to be used for any purchases in the UMILE store, in the amount of
PLN 295.00 (in words: two hundred and ninety-five) if the suit is returned; or
PLN 175.00 (say: one hundred and seventy-five) in the case of returning the jacket.
4. The voucher referred to in point 3 of this paragraph cannot be redeemed in UMILE partner stores, but only on the www.UMILE platform .SHOP.
For the avoidance of doubt, the Parties agree that the Product Eligible for the ReLOVE Promotion transfers ownership to the Seller by the Buyer, and the Buyer waives any benefits in this respect, except for the right to receive a voucher, referred to in point 3 of this paragraph
The Product Covered by the ReLOVE Promotion should be sent to the following address: UMILE, Ul. Słowicza 9, 05- 510 Konstancin-Jeziorna, with the annotation "ReLOVE".
- 8. EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS
- Detailed information on the possibility for the Buyer who is a Consumer to use extrajudicial means of dealing with complaints and redress and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include protection consumers, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: uokik.gov.pl/spory_konsumenckie.php ; www.uokik.gov.pl/sprawy_indywidualne.php and www.uokik.gov.pl/wazne_adresy.php .
- A buyer who is a consumer may use the following out-of-court complaint and redress methods:
- submitting an application for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/ );
- submitting an application for out-of-court dispute resolution to the Provincial Inspector of Trade Inspection (more information on the website of the Inspectorate responsible for the place of business activity by the Seller);
- help of a poviat (municipal) consumer ombudsman or a social organization, whose statutory tasks include consumer protection (advice is provided, among others, by e-mail at: email@example.com and at the consumer helpline number 801 440 220 on Business Days, from 8:00 to 18:00, connection fee according to the operator's tariff).
- At the address ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
- The Seller reserves the right to amend the Regulations without prejudice to the rights acquired by the Buyer on the basis of contracts concluded before the amendment to the Regulations.
- Customers who use the Account service will be informed of any change to the Regulations by sending a message to the e-mail address assigned to the Account.
- Any disputes related to UMÍLE SHOP or contracts concluded through UMÍLE SHOP will be settled by the Polish common court having jurisdiction over the seat of the Seller.
- These Regulations are effective from 1.10. 2021
the completed form must be sent or delivered together with the returned Product.
NAME AND SURNAME:
DATE OF ORDER SUBMISSION:
REFUND ACCOUNT NUMBER:
REASON FOR THE RETURN:
I declare that, in accordance with the Act of May 30, 2014 on consumer rights, I withdraw from the contract of sale of the Product described in this form. At the same time, I kindly ask you to return the amount due to the above-mentioned account number.
COMPETITION "WIN A SWEATSHIRT ON IG" - ARCHIVE
- The organizer of the competition is UMILE Sp. z o. o. with headquarters in Bielsko-Biała, ul. Olszówka 57A, 43-400 Bielsko Biała, entered into the Register of Entrepreneurs kept by the District Court in Bielsko Biała, 8th Commercial Division of the National Court Register, under the number KRS 0000914112, NIP 5472226240, REGON 389561091, share capital: PLN 5,000.00. (hereinafter: " Competition Organizer ").
- These regulations (hereinafter: " Regulations ") define the rules, scope and conditions of participation in the contest organized on Instagram.
- The participant agrees to the processing of Personal Data in accordance with these Regulations.
- The competition will be run via the social network "Instagram" at: https://www.instagram.com/umile.shop/ (hereinafter: "UMILE account").
- The competition runs from 29/01/2022 to 05/02/2022 until 23.59 Polish time.
- The conditions for participation in the competition are:
- having a public account on the Instagram social network;
- follow UMILE Account.
- sharing the contest post on the UMILE account on Instastastory and in the commentary below, answer the question: "What garment of your toddler accompanies you every winter day and without what you cannot imagine cold days?";
- The implementation of the competition task cannot contain content that infringes the rights of third parties, in particular copyrights and related rights, and content that is offensive or vulgar.
- By publishing the competition assignment, the participant declares that its publication does not infringe the rights or goods of third parties and agrees to the processing of personal data for the purposes and under the conditions set out in the Regulations.
Resolution of Contest
- The Organizer of the Competition will appoint a two-person commission to evaluate the performance of the competition tasks by the Competition participants. The tasks of the Contest Committee also include constant supervision over the proper course of the Contest, making decisions on issues in which there are doubts related to the Contest, including the interpretation of these Regulations. Anyone who has submitted a competition entry has the right to appeal with a request for reconsideration of the case, the appeal is examined by the Competition Commission. The decisions of the Competition Committee are final.
- As part of the Competition, the 1st best work, according to the Competition Commission, will be awarded, under which the competition participant will receive a CAREFREE sweatshirt from the Competition Organizer's assortment in any color and size (available sizes and colors are available at: https: // umileshop / , with a total value of PLN 161.00 (say: one hundred and sixty one) PLN (hereinafter: " Reward ").
- The results of the Competition will be announced no later than February 20, 2022. at 23:59
on his profile on Instagram.
- The receipt of the Prize will be made after the Winner has provided the following data: Name and surname, shipping address.
- A cash equivalent cannot be claimed for the win.
- The Participant is responsible for incorrect or incomplete contact details provided to the Organizer or the change of this data by the Participant in a way that prevents the Prize from being issued to him.
- The Participant, by submitting his participation in the Competition, confirms that the Competition Entry submitted by him is his work, to which he has full copyright and related rights, and that the submitted work is free from legal defects and does not infringe any rights of third parties as well as personal rights third parties.
- By posting the competition works in accordance with § 2 para. 5 lit. c) of the Regulations, the Participant authorizes the Organizer to use the competition work unlimited in time and territory by publishing it in the following fields of use:
- introduction to the ICT network, e.g. the Internet, making copies of such records and their dissemination in ICT networks,
- disseminating in the Competition Organizer's social media.
Organizer permissions of
The Organizer has the right to exclude the Participant from participation in the Competition with immediate effect, as well as to refuse to grant the Participant a Prize in the event that the participant has provided false or incomplete data required and necessary to award the Prize, in the event of failure to comply with the provisions of the Regulations, as well as in the event of taking information by the Organizer about the participant's actions contrary to the provisions of the Regulations.
- The participant may submit a complaint by March 1, 2022.
- Complaints should be submitted in electronic form to the following e-mail address: firstname.lastname@example.org .
- In the content of the complaint, the Participant indicates: name and surname, e-mail address and pseudonym on Instagram through which he participated in the Competition, and a description of the reason for the complaint and the submitted claim. The Organizer will consider the complaint within 14 days of its receipt by the Organizer. The answer will be sent in the form of an e-mail to the address provided in the complaint.
- Personal data of Competition Participants and third parties, in accordance with § 2 para. 7 of the Regulations are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (hereinafter "GDPR"). UMILE Sp. z o. o.with its registered office in Bielsko-Biała, ul. Olszówka 57A, 43-400 Bielsko Biała, entered into the Register of Entrepreneurs kept by the District Court in Bielsko Biała, VIII Commercial Division of the National Court Register, under the number KRS 0000914112, NIP 5472226240, REGON 389561091, with share capital: PLN 5,000.00.
- Personal data of the Participant and third parties, in accordance with the content of these Regulations, will be processed for the purpose of:
- conducting the Contest, which should also be understood as accepting the application for participation in the Contest, verifying applications, selecting the winners and handing over the prize - based on the Participant's consent (Article 6 (1) (a) of the GDPR),
- compliance with tax obligations resulting from the awarded prize - based on the consent of the Participant (Article 6 (1) (a) of the GDPR), and the fulfillment of obligations under the law (Article 6 (1) (c) of the GDPR);
- considering complaints - based on the consent of the Participant (Article 6 (1) (a) of the GDPR), and implementing the legitimate interest of the Organizer (Article 6 (1) (f) of the GDPR).
- The Participant's consent to the processing of personal data in order to participate in the Competition is voluntary. However, it is necessary for the Participant to be able to take part in the Competition and receive the prize.
- The Organizer will store the Participant's personal data for the period necessary to meet all obligations imposed under these Regulations, including tax obligations related to the award of the prize and the expiry of any Participants' claims that may arise in connection with the Competition.
- The Participant's Personal Data may be transferred to companies that the Organizer entrusts to perform activities during the organization of the Competition, on the basis of a contract for entrusting the processing of personal data, in particular the agency servicing the competition and the courier company / Polish Post through which the Organizer provides prizes.
- The participant and a third party have the right to access their personal data and rectify, supplement, delete them, request limitation of data processing and the right to transfer data in situations specified in the GDPR. He may also object to the processing of his personal data.
- If the Participant or a third party decides that the Organizer is processing their personal data contrary to the provisions of the law, they may lodge a complaint with the President of the Personal Data Protection Office.
- The organizer reserves the right to change the Regulations in a situation where the need to change results from reasons beyond his control.
- Information about changes will be published in the same way as the publication of these Regulations.
- In all matters not regulated in these Regulations, the relevant provisions of generally applicable law shall apply.
- The parties agree that in any disputes arising from the Agreement, the competent court is the competent court for the Competition Organizer.