REGULATIONS OF THE ONLINE SHOP EFOOTWEAR.EU

Transcription

1 REGULATIONS OF THE ONLINE SHOP EFOOTWEAR.EU I. GENERAL PROVISIONS II. ONLINE SERVICES AND THE MOBILE APP III. TERMS AND CONDITIONS OF CONCLUDING THE SALE AGREEMENT IV. PAYMENTS: METHODS & DEADLINES V. DELIVERY: COSTS, METHODS, AND TERMS VI. COMPLAINTS VII. OUT-OF-COURT PROCEDURES OF SETTLING COMPLAINTS AND MAKING CLAIMS AS WELL AS RULES OF ACCESSING THESE PROCEDURES VIII. RIGHT OF WITHDRAWAL FROM AGREEMENT IX. LICENCE X. PERSONAL DATA PROTECTION XI. TERMINATION OF THE AGREEMENT FOR SERVICE PROVISION AND CHANGES TO THE REGULATIONS XII. PROVISIONS CONCERNING NON-CONSUMER CLIENTS XIII. FINAL PROVISIONS APPENDICES: 1. Model of a remote agreement withdrawal form Online Shop cares about consumer rights. The consumer may not waive the rights conferred on them by the Act on Consumer Rights. The provisions of the agreements less favourable for the consumer than the provisions of the Act on Consumer Rights shall be unessential and the provisions of the Act on Consumer Rights are applied instead. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be interpreted for the benefit of the consumer. In the case of any possible and unintended discordance of the provisions of these Regulations with the aforementioned laws, these laws are of the priority and shall be applied by the Seller. I. GENERAL PROVISIONS 1. Online Shop available at the online address is run by the company eobuwie.pl S.A., based in Zielona Góra, at ul. Nowy Kisielin Nowa 9, Zielona Góra (which is the correspondence address), registered in the Register of Entrepreneurs kept by the District Court in Zielona Góra, VIII Commercial Department of National Court Register, under NCR /KRS/ number , Taxpayer Identification Number /NIP/ , Business Activity Number /REGON/ , of a share capital: 2,000,000 PLN paid in full; info@efootwear.eu, contact phone number: (+48) ; or mobile (charged at standard call according to the price list of the appropriate operator). 2. Using the Online Shop requires the terminal equipment and the IT system used by the Client to be compatible with the Technical Requirements. 3. These Regulations are addressed both to Clients being the Consumer and to Non-Consumer Clients who use the Online Shop, Electronic Services or making Sale Agreements (except for point XII of the Regulations, which is addressed exclusively to non-consumer Clients). 4. Acceptance of the Regulations is voluntary, but necessary to create an Account and/or for the Client to place an order. 5. Information presented in the Online Shop or, in the case of placing Orders using other means of remote communication, an electronic message confirming the content of the proposed Sale Agreement referred to in point III paragraph 6 letter a of the Regulations, constitute only the invitation to conclude an agreement within the meaning of art. 71 Civil Code, directed by the Seller to the Client, and not the offer under the provisions of the Civil Code.

2 6. Whenever the following capitalized terms are used in the further part of these Regulations, they shall be understood as meaning given hereunder, unless they are used in context providing something different: a. APP - a software (a mobile app) made available to the Client by the Seller, intended to be installed on a mobile device owned by the Client and enabling,in particular, to use the Online Shop without the need to launch a web browser. b. CSC /BOK/ - Seller's Client Service Centre, which provides Clients with information about the activities of the Online Shop, including the Products, the Shop, the Regulations and the current Promotions, from Monday to Saturday within the hours provided at and at the phone numbers , , , info@efootwear.eu, via Skype: efootwear.eu, by the online chat in the Online Shop and by the contact form in the Online Shop at the tab Contact. Cost of call with Client Service Centre - charged as standard connection - according to the price list of the appropriate operator). c. PRICE - given in PLN or in any other currency (the amount of gross remuneration; including tax) payable for the Seller for the transfer of ownership of the Product to the Client in accordance with the Sale Agreement. The price does not include delivery costs unless it is stated otherwise in the Promotion conditions. d. WORKING DAY - one day from Monday to Friday excluding public holidays. e. PASSWORD - a string of alphanumeric characters necessary to perform authorization while accessing the Account which is defined by the Client when creating the Account. Account Registration requires the password to be repeated two times in order to detect and correct any errors. The Client is obliged to keep the Passwords in strict confidence (not to disclose it to any third party). The Seller provides the Client with the opportunity to change the Password. f. CLIENT - (1) a natural person; or a person acting by the person empowered; (2) a legal person; or (3) an organizational unit without being in the form of a legal personality, the law of which recognizes the legal capacity; having a full legal capacity. When the Client is a natural person with limited legal capacity, he/she commits to obtain legally effective consent of his/her statutory representative for the conclusion of the Service Agreement/Sale Agreement and provide such consent upon any request of the Seller; g. CIVIL CODE - Civil Code Act of 23 April 1964 (Journal of Laws of 2014 item 121, as amended.) h. CONSUMER - a natural person performing a legal transaction (not directly related to its business or professional activity) with an entrepreneur. i. ACCOUNT - Online Service, marked with an individual username (Login) and Password chosen by the Client, which is a collection of resources in the Seller's ITC system, allowing the Client to use additional functionality/services. The Client gains access to the Account with the Login and Password. The Client logs into his Account after registering in the Online Shop. The Account allows storing and saving Client's address information for sending Products, tracking the Order, and access to the Order s History. j. CART - service provided to each Client who uses the Online Shop by allowing him/her to make an Order of a one or more Products, to enter discount codes enabling the Price to be reduced under the terms of separate agreements/regulations, to display a summary of Prices for each of the Products and all Products in total (including shipping costs), to display the expected delivery date of the Products. The Cart collects the offers of the conclusion of the Sale Agreement submitted by the Client, i.e. within one Order one can submit more than one offer of the conclusion of the Sale Agreement. k. LOGIN - Client's address provided within the Shop while creating an Account. l. NEWSLETTER - Electronic Service that allows all of its Clients to receive Seller s cyclical information, which is automatically sent, about Products, Online Shop, including new and special offers sent to the Client s provided address or a phone number at the explicit Client s consent.

3 m. PRODUCT a movable item available (after being paid by the Price) in the Online Shop that is the subject of the Sale Agreement between the Client and the Seller. All Products presented in the Online Shop are brand new. n. PROMOTIONS - particular terms of sale or provision of services regulated by the terms of the Online Shop, proposed by the Seller for a specific period of time from which the Client may use, under the terms specified therein, such as reduction of the Price or shipping costs. o. REGULATIONS / SERVICE AGREEMENT - this document defines the terms of the Sale Agreements and the rules governing the provision and use of the services made available by the Seller via the Shop to Clients. The Regulations define the rights and obligations of the Client and Seller. In terms of services provided electronically, these Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended). p. ONLINE SHOP - a platform enabling a Client to make Orders and that provides services made available by the Seller, run by the Seller, constituting a set of interconnected websites, available at the Internet address: as well as by the means of the App. q. SELLER - the company eobuwie.pl S.A. based in Zielona Góra, at ul. Nowy Kisielin Nowa 9, Zielona Góra (which is the correspondence address), registered in the Register of Entrepreneurs kept by the District Court in Zielona Góra, VIII Commercial Department of National Court Register, under NCR /KRS/ number , Taxpayer Identification Number /NIP/ , Business Activity Number /REGON/ , of a share capital: 2,000,000 PLN paid in full; info@efootwear.eu, contact phone number: (+48) ; or mobile (charged at standard call according to the price list of the appropriate operator). r. CONTENT/CONTENTS - text, graphic or multimedia elements (such as Product Information, Product Photos, promotional videos, descriptions, comments) including works within the meaning of the Copyright and Related Rights Act and images of natural persons that are posted and distributed within the Online Shop by the respective Seller, the counterparties of Seller, Clients or other person using the Online Shop. s. SALE AGREEMENT - sale agreement under the laws of the Civil Code concerning the sale by the Seller for the Client of Products for payment of the Price plus any additional charges, including shipping costs, the terms of which are specified in particular by these Regulations. Sale Agreement is made between the Client and the Seller using the means of remote communication after accepting the Order by the Seller under the terms specified by this Regulations. The Sale Agreement specifies the Product in particular, its main features, Price, shipping costs and other essential conditions. Each Product is the subject of the individual Sale Agreement. The Seller may make a Sale Agreement with a Non-Consumer Client also as a result of the conclusion of an agreement without the procedure set forth in these Regulations, as confirmed by at the request of any of the parties to the Sale Agreement. t. ONLINE SERVICE - provision of services by electronic means within the meaning of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002, No. 144, item 1204, as amended), by the Seller for the Client via the Online Shop in accordance with the Service Agreement. In terms of the services, which are provided by the parties cooperating with the Seller, the appropriate provisions concerning the rules for the use of these services are set forth in the rules governing the provision of services by those entities. u. ACT ON CONSUMER RIGHTS, THE ACT the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827 as amended.) v. TECHNICAL REQUIREMENTS - minimum technical requirements, which are required to be met so as to cooperate with the ICT system used by the Seller, including the conclusion of the Service Agreement or the conclusion of the Sale Agreement, i.e.: (1) a computer, a laptop or other multimedia device with the Internet access; (2) access to electronic mail; (3) a web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript in your web browser; in the case of entering into a Sale Agreement by phone: (6) using the telephone; in the case of concluding the Sale Agreement using the Skype Communicator: (7) Skype Communicator version 7 or higher; for the App: (8) a mobile device operating system: Android or higher or ios version or higher, (9) a mobile device with the camera and geolocation service (GPS). In order to enter into the Sale Agreement, the Client

4 undertakes to have a valid/active address, as well as a keyboard in specified cases or other pointing device providing for correctly completion of the electronic forms. w. ORDER - a statement of will of the Client expressing the direct will to conclude a Remote Sale Agreement using remote means of communication, specifying the Products for which the Client submits the offer to make the Sale Agreement and the Client s data necessary to possibly make and finalize the Sale Agreement. The order for each Product will be treated as the Client's independent offer to make the Sale Agreement (technical facilitation). An order can be assigned with one number, and all offers will be run in parallel. Acceptance of the Order indicates the conclusion of the Sale Agreement (see point s above). II. ONLINE SERVICES AND THE MOBILE APP 1. The Seller provides, through the Online Shop, the following Online Services (which are free of charge) for Clients: a. the Account B. Enabling Clients to place orders and make Sale Agreements under the terms specified in this Regulations; C. Presenting Clients with the advertising content adjusted to their interests; D. Enabling Clients to use the services of the Cart; E. Enabling viewing of the Content located within the Shop; f. Newsletter. g. for the Clients of the App (the following may apply to current Online Services or to-be-introduced ones - the ability to use certain Online Services is due to the current functionality of the App): - scanning by the camera and saving the barcodes of selected products to compare their prices by the Client; - presenting the Products in the Online Shop based on photos of the selected products uploaded by the Client; - searching the Seller's stationary store or a specific point of the delivery through the geolocation; - limiting the presented Products or Promotions e.g. to the size indicated by the Client (e.g. the shoe size) or to the category indicated by the Client (e.g. Products for Men/Women/Kids); - presenting live notifications directly on the mobile device screen (a "push" notification); - creating lists of Favourite Products; 2. The seller, in addition, for the Clients who created the Account, provides the following services through the Online Shop (which are free of charge): a. Maintaining the Client's session after logging into the Account (using a browser or the App); b. Storing and making the Order history available to the Client by means of the Account 3. Using the Account is possible after completing jointly and severally the following steps by the Client: a. Completing the registration form and accepting the provisions of these Regulations, b. Clicking on the "Register" box. 4. In the registration form the Client is obliged to provide the following Client s data: name and surname, address and a password. 5. The Service Agreement is made upon receiving by the Client the confirmation of the conclusion of the Service Agreement sent by the Seller to the address provided by the Client during the registration process. The account is provided for free and for an indefinite period of time. The Client is entitled, at any time and without giving the cause, to remove the Account (cancelling from the Account) by sending an appropriate request to the Seller, in particular by an to: info@efootwear.eu or in writing to: ul. Nowy Kisielin - Nowa 9, Zielona Góra. Setting the Account is not required to make an Order in the Online Shop. 6. The Use of the Cart begins with the very moment the Client adds the first Product to the Cart. 7. The Cart is provided for free and is of a one-off nature and shall be terminated when the Order is placed through it or when the Client terminates placing the Order through it according to his will earlier, whereas the Cart remembers the information of the Products selected by the Client also after ending the browser session or the App, including logging out, for not longer than 7 days, however, it does not serve for reserving the Products. When the Clients logged into the Account through a browser are using the Cart, the Cart contents are synchronized to the Account that is then run by the App (and the opposite).

5 8. In order to begin providing the service of a Newsletter, it is necessary to receive the Client s consent for receiving the Newsletter by giving his/her address in the appropriate box in the Online Shop or by ticking the appropriate checkbox and its confirmation by clicking on the activation link posted by the Seller on the address provided by the Client (the moment of beginning the provision of delivering Newsletter service). The Client may, at his/her own discretion, agree to receive commercial information from entities cooperating with the Seller or to process personal data for the marketing purposes of entities cooperating with the Seller. The Client may also agree to receive the Newsletter via SMS by providing his/her mobile number and ticking the appropriate checkbox within the Online Shop. 9. The newsletter is provided for free for an indefinite period of time. The Client is entitled, at any time and without giving the reason, to unsubscribe from the Newsletter (resignation from the Newsletter) in particular by clicking on the deactivation link appearing each Newsletter sent to the Client in the form of an or by sending an appropriate request to the Seller, especially by an to: info@efootwear.eu or in writing to: ul. Nowy Kisielin - Nowa 9, Zielona Góra. 10. The Client is obliged in particular to: a. provide in the Order and in the registration forms, only true, up-to-date and all necessary data of the Client while creating the Account; b. immediately update the data, including personal data, provided by the Seller's Client regarding the conclusion of the Service Agreement or the Sales Agreement, in particular for a proper execution thereof; the Client is enabled to change the data entered while setting the Account at any time using the options available within the Account; c. use the services and functionalities made available by the Seller in a way that it does not interfere with the functioning of the Seller, the Online Shop or the App; d. use the services and functionalities made available by the Seller in a manner corresponding with the applicable laws, the provisions of the Regulations as well as with the customs and rules of social cohesion adopted in the given scope; e. use the services and functionalities made available by the Seller in a manner that is not inconvenient to other Clients and to the Seller; f. pay in the full amount for the Price and other costs set by the Client and the Seller on time; g. collect the Products ordered using the Cash On Delivery method on time; h. not share or otherwise make available within the Shop any Content prohibited by applicable laws, in particular the Content violating the copyright of third parties or their personal rights; i. not take actions such as: - distributing or placing unsolicited commercial information in the Shop or posting any Content that violates the laws (prohibition of posting unlawful content); - undertaking IT activities or any other activities aimed at gaining possession of information not intended for the Client, including data of other Clients or interfering with the principles or technical aspects of the operation of the Store, the Application and the execution of payments; - unauthorized modification of the Content provided by the Seller, in particular Prices or Products descriptions provided in the Store j. download the App only from the legitimate sources enumerated by the Seller in paragraph 14 below. 11. Complaints related to the provision of Online Services or the App shall be submitted, for example: a. in writing to: ul. Nowy Kisielin - Nowa 9, Zielona Góra; b. in an electronic form via to: info@efootwear.eu; 12. The Client is advised to include in the description of the complaint: (1) information and circumstances relating to the subject matter of the complaint, the nature and date of the irregularities occurrence in particular; (2) the Client s demands and (3) the contact details of the complainant - this will facilitate and speed up the handling of the complaint by the Seller. The requirements given in the preceding sentence take the form of recommendations only and do not affect the effectiveness of the complaint with the omission of the recommended description of the complaint. 13. Responding to the complaint by the Seller shall take place immediately, not later than within 14 days of the date of its submission. 14. Seller provides the Client with a free download of the App to the Client's mobile device from the following mobile web stores:

6 a. Apple App Store, for mobile devices with ios operating system; b. Google Play, for mobile devices with Android operating system. 15. Use of Apps downloaded from sources other than those mentioned in paragraph 14 above imposes the risk of compromising the integrity of the App and connecting with a harmful software, thereby endangering the security of the Client's mobile device and the data stored therein. 16. In order to use the App, the Client shall: a. read Terms and Conditions and information about the App made available in the shops mentioned in paragraph 14 above and accept them, and b. download the App from the shop mentioned in paragraph 14 above, and c. install the App on the Client's mobile device, following the instructions displayed during the installation process or provided by the shops mentioned in paragraph 14 above. 17. The App connects to the Online Shop through the Internet. 18. App s functionality is provided by the Seller of Online Services in an accessible manner which facilitates the Client's use of the Online Shop, including the being familiar with the Contents, Products and Prices. 19. The App uses a technology that stores and accesses the Client's ID that enables the offline App to operate and save the not logged-in Client's preference (which relates to access to the memory of the mobile device). The app stores the current Client's ID until Client logs in to the App, changes of the App to the Online Shop running in another country, or uninstalls (removes) the App from the mobile device. 20. In order to use the functionality of the App mentioned in point II item 1 letter g above, it is necessary to clearly agree by the Client to give its consent to access the camera or geolocation service on Client's mobile device, the Client's voluntary consent to receive "push" notifications, or to give the Seller information about Client's preferences. 21. The Client may at any time revoke the consent mentioned in paragraph 20 above or uninstall (remove) the App from own mobile device using the settings of the device. III. TERMS AND CONDITIONS OF CONCLUDING THE SALE AGREEMENT 1. The main features of the provision, including the subject matter of the provision and the manner of communication with the Client are defined on the page of each Product. 2. The Seller enables submitting Orders for Products in the following manner: a. in the Online Shop; b. by contacting CSC/BOK: - by a telephone; - using Skype; - by an ; - by using live chat software in the Online Shop. 3. As part of the development of the services provided, the Seller may introduce further ways of placing Orders using remote means of communication, in accordance with the terms and conditions set forth herein. 4. The conclusion of the Sale Agreement between the Client and the Seller occurs after the earlier submitting the Order by the Client. 5. The Seller enables the Client to place an Order through the Online Shop, as follows: a. The client adds the selected Product to the Cart and then proceeds to the Order Form. b. The client owning the Account confirms in the Order Form the up-to-date details necessary to make and execute the Sales Agreement. A user who does not have an Account must single-handedly fill out the Order Form in the scope of his/her details necessary to make and execute the Sales Agreement. In any case, the submission of outdated or inaccurate Client s data may prevent the execution of the Agreement. In the Order Form, the following Client s details are required: name, address (street, house/apartment number, postal code, city, country), address, contact telephone number and Sales Agreement details: Product/Products, Quantity of Product, if available, type, colour and size of the Product, place and method of delivery of the Product, method of payment. For Clients who are not Consumers, the details of the Company and the Taxpayer Identification Number /NIP/ number are also required. c. The client chooses one of the delivery methods made available by the Seller. d. The client chooses the method of payment of the Price and any other costs of the execution of

7 the Agreement indicated in the Order Form. e. The Client sends the Seller an Order (makes an order) using the Online Shop functionality provided for that purpose. If the Client does not have an Account and did not accept the Regulations previously, it is required to accept the Regulations. f. The Client makes the Order by means of the Online Shop functionality provided for that purpose (the button: "I order and pay"). g. While submitting the Order, until clicking the button "I order and pay", the Client is given the option of manually adjusting the entered data within the "Cart" panel by adding or removing a particular item from the Cart. h. Depending on the method of payment chosen, the Client may be redirected to the payment service provider's external websites in order to make the payment; 6. In case of making the Sales Agreement through the other means of distance communication: a. The Seller shall send an electronic message to the Client confirming the contents of the proposed Sales Agreement. b. The Client sends the Seller an Order by an to the address from which he received the confirmation referred to in sec. 6 letter a above. c. In case of a Client who does not have an Account and did not accept the Regulations previously, the Client is required to accept the Regulations. 7. The Seller, in response to the Order, immediately sends an automatic message to the address provided by the Client with the confirmation of receiving the Order and beginning its verification. 8. After verifying the Order, without undue delay, the Seller shall send a message to the Client at the e- mail address given: a. with a confirmation of acceptance of one or more particular offers for Products submitted within the Order and confirming the conclusion of the Sale Agreement (confirmation of the Order for the Products indicated in the message); or b. information on the inability to accept all offers for the Products submitted under the Order, for the reasons indicated in point IV. item 4 below (lack of payment); or c. the information mentioned in point XI. item 5 below for the Client to whom clause XI applies item 4 below (failing to pick up the package). 9. The Sales Agreement is concluded upon the confirmation of the offer (s), i.e. receiving the message by the Client mentioned in sec. 8 letter a. above for the Products indicated in it. The Seller sends the Client a confirmation of the terms of the Agreement to the address provided by the Client. 10. In the case of not being able to accept all or some of the offers submitted in the Order, BOK shall contact the Client so as to: a. inform the Client on the inability to accept all the offers submitted under the Order for the conclusion of the Sale Agreement; or b. confirm by the Client the will to execute the Order in the part in which the Seller agreed to accept the offer for the conclusion of the Sale Agreement. Then the Client may cancel the entire Order made (in respect of all offers), which does not violate his/her right of withdrawal from the agreement. Cancellation of the Order by the Client releases the Seller from the obligation to execute it. In case of cancelling the Order, the section 11 below shall apply. 11. In case of not being able to accept the offer(s) submitted under the Order, the Sale Agreement, within the scope of Products specified by BOK shall not be made and the Seller shall immediately return to Client the payments made by the Client insofar the Sale Agreement is not concluded, no later than within 14 days. The provisions of point VIII item 6 of the Regulation shall apply accordingly. 12. Independently, the Seller may inform the Client on the Order status by sending a message to the Client's address or contacting by phone. 13. The Seller seeks to ensure the availability of all Products and the performance of the Sale Agreement. In case of impossibility to perform and in other situations defined by law, the appropriate provisions of the Civil Code, including Art of the Civil Code, in particular concerning the obligation to immediately return the benefit to the consumer may apply. 14. The total value of the Order includes the Price, shipping costs and, if applicable, other costs selected by the Client for optional paid services. The Seller may, at its own discretion, determine the minimum threshold Order for which the Product is shipped free of charge. During the Order submission, including when the Client expresses his/her will to be bound by the Sale Agreement, the Client is informed about the total price, including taxes, of the Product being the subject of the Order, as well as delivery costs (including transport, delivery and postal fees) and other costs, and where the amount cannot be determined the obligation to pay them. 15. Current promotions in the Online Shop are not subject to consolidation, unless it is expressly provided otherwise in the Promotion.

8 IV. PAYMENTS: METHODS & DEADLINES 1. The Seller shall make available to the Client, in principle, subject to point XI. item 4, the following payment methods under the Sale Agreement: a. cash on delivery of the parcel; b. a transfer to Seller's bank account; c. online payments and payment by credit card via authorized services, according to the information provided in the Online Shop; d. cash on a personal collection. 2. Possible current payment methods are determined in the Online Shop in the "Payment Methods" tab and at each time on the sub-page of a given Product. Available payment methods may vary depending on the method of delivery selected by the Client. 3. Settlements of online payments and payments through the credit card are carried out according to the Client s choice via authorized services; 4. In the case of not receiving by the Seller the Client's payment who chose a form of a payment in advance, i.e. payment by bank transfer, an online payment or payment by credit card, BOK may contact the Client so as to remind about the payment, including sending an . Failure to pay for the payment within 7 days of placing the Order and then within the additional 3 days will result in not accepting the Order made by the Client. The Client, until receiving the message on sending the Order, may also cancel the order without any consequences by contacting the Seller by BOK, which does not violate his/her rights to withdraw from the agreement. 5. If the Client chooses cash on delivery of the parcel or a cash payment on the individual collection, the Client is obliged to make cash on delivery payment when picking up the parcel. A refusal to accept the Product, despite appointing an additional due date, is a condition terminating the Sales Agreement. The Client may also cancel the Order within a specified period without bearing any consequences, which does not violate his/her right of withdrawal from agreement. V. COST, METHOD AND DELIVERY TIME OF THE PRODUCT 1. Delivery of the Product is available on the territory of the Republic of Poland and to selected countries indicated in the tab "Delivery Costs" in the Online Shop and at each time on each sub-page of the Product. 2. Delivery of the Product to the Client is chargeable unless the Sales Agreement states otherwise. Available methods and Shipping costs of the Product are indicated to the Client in the "Delivery Costs" tab in the Online Shop and at each time on each sub-page of the Product, including the moment making the Client willing to be bound by the Sales Agreement. The Seller may make it available to the Client, in principle and subject to the provisions of the point XI item 4, the following means of delivery or picking up the Product in particular: a. a mail parcel. b. a courier parcel,

9 c. InPost Parcel Pick-up Station. d. the package in Ruch 3. Available methods of delivery may depend on the payment method selected by the Client. Depending on the technical conditions, the Seller may also allow a personal collection at the addresses of its own stationary stores. 4. The total delivery time for the Client to receive the Product (delivery date) consists of the time of preparation of the Order for dispatch by the Seller and the time of delivery of the Product by the conveyor. 5. The delivery date of the Product to the Client is up to 7 Business Days unless a shorter term is specified in the Product's description or during the Order submission. In the case of simultaneous making the order for several Products with different delivery dates, the delivery date is the longest delivery date, however, it may not exceed 7 Business Days. 6. The time of preparation of the Order for dispatch by the Seller is presented at each time on each subpage of the given Product and is counted from the day of (the beginning of the course of delivery period): a. recognition of a bank account or Seller s billing account - if the Client chooses to pay by a bank transfer, an online payment or by a credit card; b. conclusion the Sales Agreement - if the Client chooses the method of cash on delivery. 7. To the time given above, it is necessary to add the time of delivery of the Product by the given conveyor depending on the type of delivery chosen by the Client and delivery time is presented at each time on each sub-page of the given Product and in the "Order Processing" tab in the Online Shop. VI. COMPLAINTS OF THE PRODUCT 1. The basis and the scope of responsibility of the Seller in terms of the Client, if the Products sold has a physical defect or a legal defect (an implied warrant), is defined in the provisions of the Civil Code, in particular in art. 556 and further ones in the Civil Code. 2. Products presented in the Online Shop may be covered by a manufacturer's or distributor's guarantee. The detailed terms and conditions of the guarantee and its duration period are then stated in the guarantee card issued by the guarantor and included with the Product. 3. The Seller is obliged to provide the Client with the Product without defects. 4. The Complaint may be submitted by the Client, for example in writing to: ul. Dekoracyjna 3 - eobuwie.pl, Zielona Góra. If a complaint refers to the Product, it is usually advisable to deliver the Product to the Seller with a complaint in order to enable the Seller to look into the Product. Details regarding the ways of free delivery of the Product by the Client to the Seller due to the complaint are found in the Online Shop in Guarantee tab. 5. If a sold Product has a defect, the Client is entitled to: a. submit an application for the Price reduction or withdrawal from the Sales Agreement unless the Seller promptly and without excessive inconvenience to the Client shall replace the defective Product free from defects or defects will be removed. The reduced price should remain in such proportion to the contractual price at which the value of the Product with a defect is against the Product without any defects. The Client is not allowed to withdraw from the agreement if the defect of the Product is negligible; b. demand a replacement of the Product for a defect-free Product or demand a defect removal. The Seller is obliged to replace the faulty Product for a defect-free one or remove a defect within a reasonable time without any inconvenience to the Client; with the reservations and on the principles set out in the appropriate provisions of the Civil Code. 6. The Client is allowed, instead of the Seller's proposed removal of the defect, demand the replacement of the Product for a defect-free one or instead of demanding a replacement of the Product, demand to remove the defect, unless it is impossible for the Product to bring to the Agreement in a manner chosen by the Client or it would require excessive costs in comparison with the manner proposed by the Seller. When assessing cost overruns the value of the defect-free Product, the nature and significance of the identified defect is considered as well as the inconvenience that would otherwise be exacerbated by the Client is taken into account. 7. It is recommended for Client to provide in the description of the complaint: (1) information and

10 circumstances concerning the subject of the complaint, in particular the nature and date of the occurrence of defect; (2) demanding a way to bring the Product into compatibility with the Sales Agreement or a statement of price reduction or withdrawal from the Sale Agreement; and (3) contact details of the complainant - this will facilitate and speed up the handling of the complaint by the Seller. The requirements given in the preceding sentence take the form of recommendations only and do not affect the effectiveness of the complaint without the recommended description of the complaint. 8. The Seller shall respond to the Client's complaint immediately, not later than within 14 days of the date of its submission. If the Client has requested a replacement or removal of a defect, or has made a statement of price reduction specifying the amount for which the price is to be reduced, and the Seller has not responded to the request within fourteen days, the complaint is regarded to be justified. 9. If it is necessary to deliver the Product to the Seller so as to respond to the Client's complaint by the Seller or to exercise the Client's implied warranties pursuant to art. 561² regarding art of the Civil Code, the Client shall be obliged to deliver the Product at the Seller's expense, for example, to the address ul. Dekoracyjna 3 - eobuwie.pl, Zielona Góra (or to the address additionally indicated by the Seller at the The details concerning the Seller's free ways to deliver the Product to the Seller for free by the Client to the Seller can be found in the Online Shop in the Guarantee tab. If, however, due to the nature of the defect, the Product type or the way it was assembled, the delivery of the Product by the Client would be impossible or excessively difficult, the Client may be asked to provide the Seller, upon a prior agreement, with the Product at the place where the Product is located. 10. The Seller is obliged under the implied warranty if a physical defect is detected within two years of the date of delivery of the Product to the Client. The claim for the removal of a defect or replacement for a Product free of defects is barred by limitation as of one year after defect detection, however, in the case of the Order made by the Consumer - the termination period shall not expire before the expiry of the period referred to in the first sentence. VII. OUT-OF-COURT PROCEDURES OF SETTLING COMPLAINTS AND MAKING CLAIMS AS WELL AS RULES OF ACCESSING THESE PROCEDURES 1. The use of out-of-court means of dealing with complaints and vindicating the claim is of a voluntary nature. The following information is informative and does not constitute a Seller's obligation to use out-of-court dispute resolutions. The Seller's statement of consent or refusal to participate in the outof-court resolution of consumer disputes is submitted by the Seller in writing or other durable medium in the event that, following a complaint filed by the Consumer, the dispute has not been resolved. 2. The rules governing out-of-court resolution of consumer disputes and the obligations of entrepreneurs in this respect are set out separately in the laws (including, in particular, the Act of 23 September 2016 on Out-of-Case Resolution of Consumer Disputes, item 1823) or in the regulations applicable by the appropriate parties to resolve consumer disputes. Detailed information about the Client s (who is a consumer) ability to use out-of-court complaint and vindicating claims and rules of access to these procedures may be available at the offices and on the websites of county (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection, also at the following Internet address of the Office of Competition and Consumer Protection in particular rozwiązywanie sporow konsumenckich.php. The Chairman of the Office for Competition and Consumer Protection keeps an open register of entities entitled to conduct proceedings on out-of-court resolution of consumer disputes. 3. The Client being a Consumer has the following exemplary possibilities for out-of-court means of dealing with claims and vindication of claims: a. The Client is entitled to apply to the permanent consumer court arbitration referred to in art. 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, no. 4, item 25, as amended), requesting the resolution of a dispute arising from the concluded Sales Agreement. b. The Client is entitled to apply to the province inspector of the Trade Inspection in accordance with art. 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001, No. 4, item 25, as amended), requesting the initiation of mediation proceedings on out-of-court resolution of disputes between the Client and the Seller. c. The Client may obtain free assistance in settling the dispute between the Client and the Seller, also using the free help of the county (municipal) consumer

11 advocate or social organization, whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumer Association). d. The Client may file a complaint via the ODR online platform The ODR platform is also a source of information on out-of-court settlement of disputes that may arise between Entrepreneurs and Consumers. VIII. RIGHT OF WITHDRAWAL FROM AGREEMENT 1. The consumer who has entered into a remote agreement may withdraw within 30 days without giving a reason and without incurring any costs other than those provided for by laws (which extends the 14-day withdrawal period provided for in the Consumer Rights Act). To keep the deadline it is sufficient for the Consumer to make a statement of the Seller before it expires. The consumer may make any unequivocal statement in which he/she shall notify on the withdrawal from the Sale Agreement. It is sufficient to send a statement before the expiry of the deadline. A declaration of withdrawal from the Sales Agreement may be submitted for example: a. in writing to the address: ul. Nowy Kisielin - Nowa 9, Zielona Góra; b. in an online form by means of at the address: info@efootwear.eu; c. using the withdrawal form, which is enclosed in Appendix 1 to these Regulations. 2. The consumer may use a withdrawal form template, but this is not mandatory. 3. The course of time for withdrawal from the Sale Agreement shall commence on the date on which the Product was taken by the Consumer or by a third party designated by him/her other than the conveyor and in the case of a Sale Agreement, which: a. includes a great number of Products that are delivered separately, in batches or in parts, since acquiring possession of the last Product, a batch or part, or b. is based on regular delivering Products for a fixed period of time since acquiring possession of the first of the Products; 4. In case of withdrawal from a remote agreement, the agreement shall be regarded not to be concluded. 5. The seller is obliged immediately, not later than within 14 days of receiving the consumer's withdrawal declaration, to return to the consumer all payments made by him/her, including delivery costs of the Product (except for additional costs resulting from the method of delivery chosen by the Client other than the cheapest usual way of delivery available at the Online Shop). 6. The Seller shall make a refund using the same method of payment as the consumer used, unless the consumer explicitly agrees on another way of repayment, which for him/her does not mean bearing any cost. If the Seller has not offered to receive the Product itself from the consumer, the Seller may refrain from returning the payment received from the consumer until the Product is returned or the consumer provides proof of his/her return, whichever occurs first. 7. The consumer shall immediately, not later than within 14 days of the date on which he withdrew from the Sale Agreement, return the Product to the Seller or transfer it to a person authorized by the Seller to be collected unless the Seller has offered to collect the Product itself. So as to keep the deadline it is enough to return the Product before its expiry. The consumer may return the Product to: ul. Nowy Kisielin - Nowa 9, Zielona Góra (or to the address additionally indicated by the Seller at the Please include, as far as possible, a proof of purchase of the Product. 8. The consumer shall be responsible for reducing the value of the Product resulting from its use beyond the necessary, to be determined for the nature, features and performance of the Product. 9. The consumer bears only direct cost of return of the Product. The Seller may, under a promotional action, propose the Consumer to collect the returned Products by the Seller from the Consumer. 10. The right of withdrawal from a remote agreement shall not be available to the consumer in respect of agreements: (1) for the provision of services if the Seller performed the full service with the express consent of the consumer who was informed prior to the commencement of the service that, upon satisfaction of the Seller's performance, he/she loses his right of withdrawal;

12 (2) where the price or wages depend on fluctuations in the financial market over which the Seller does not exercise control and which may occur before the expiration of the withdrawal period; (3) where the subject of the provision is a non-prefabricated Product, manufactured according to the specifications of the consumer or to satisfy his/her individual needs; (4) where the subject of provision is a product that is rapidly deteriorating or has a short shelf-life; (5) where the subject of provision is a product supplied in a sealed package which cannot be returned for health or hygiene reasons after opening the package, if the packaging is opened after being delivered; (6) where the subject of provision are Products which after their delivery, are, by their nature, inseparably connected with other things; (7) where the subject of provision are alcoholic beverages the price of which was agreed upon the conclusion of the Sale Agreement and whose delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control; (8) where the consumer expressly requested the Seller to come to his/her place so as to perform emergency repair or maintenance; If the Seller provides additional services than those which performance was requested by the consumer, or the Seller supplies products other than spare parts necessary for repair or maintenance, the consumer shall be entitled to withdraw from the agreement for additional services or Products; (9) where the subject of provision is audio or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after its delivery; (10) for providing newspapers, periodicals or magazines, except for subscriptions agreement; (11) concluded by means of a public auction; (12) for providing accommodation services other than for residential purposes, transport of goods, rental of cars, catering, leisure, entertainment, sports or cultural events if the agreement indicates the day or period of service; (13) for providing digital content that is not recorded on a material medium if the performance of the provision was started with the express consent of the consumer prior to the expiration of the withdrawal period and after informing the Seller of the loss of the right of withdrawal. IX. LICENCE 1. The exclusive rights to Content made available/placed on the Online Shop by the Seller or his contractors, in particular copyrights, the name of the Online Shop (a trademark), the graphic elements thereof, the software (including the App) and the database rights shall be protected by law and entitled to the Seller or entities with whom the Seller has entered into the appropriate agreements. The Client is entitled to use the abovementioned Content, including the App for free, as well as to use the Content posted in accordance with the law and already disseminated by other Clients within the Online Shop, but solely for personal use and solely for the proper use of the Online Shop worldwide. The use of Content, including the App, to another extent is only permitted on the basis of explicit, prior approval granted by the entitled entity, in writing on pain of nullity. 2. The Client, by placing any Content in the Online Shop (including by means of the App), in particular graphics, comments, opinions or statements in the Account or elsewhere in the Online Shop, hereby grants the Seller a non-exclusive, royalty-free license to use, store, alter, complete, remove, public display, reproduction, and share (especially on the Internet) of such Content worldwide. This right includes sub-license in the scope justified by the performance of the Sales Agreement or the Service Agreement (including the functioning and development of the Online Shop), as well as the authorization to perform, independently or through third parties, subsidiary rights in the scope of the development, customization and translation of the piece of work within the meaning of the Copyright and Related Rights Act of 4 February To the extent that the Client is not entitled to grant the licenses referred to in this paragraph 2, the Client undertakes to obtain such licenses for the Seller. 3. Upon installation of the App on the Client's mobile device, the Seller grants to the Client a non-exclusive license to use the App, including reproduction of the App solely for its downloading to the mobile device, and installation and run of the App at the Client's mobile device. A Client may install the App on any number of Client's mobile devices, but only one copy of the App is allowed to be installed on one mobile device. 4. The Client is not entitled, in particular, to translate, adapt, change the layout, or make any other changes to the App, including its source code, except as permitted by