REGULATIONS OF THE ONLINE SHOP EOBUWIE.PL

Transcription

1 REGULATIONS OF THE ONLINE SHOP EOBUWIE.PL I. GENERAL PROVISIONS II. ELECTRONIC SERVICES IN THE ONLINE SHOP III. TERMS AND CONDITIONS OF CONCLUDING THE SALE AGREEMENT IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT V. COST, METHOD AND DELIVERY TIME OF THE PRODUCT VI. COMPLAINTS OF THE PRODUCT 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 void and, instead of them, the provisions of the Act on Consumer Rights are applied. 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 event of any possible and unintended inconsistency of the provisions of these Regulations with the above 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@eobuwie.pl, contact phone number: (+48) ; or mobile (charged at standard call according to the pricelist of the appropriate operator). 2. Using the Online Shop requires that the terminal equipment and the IT system used by the Client meet 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 concluding 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 on the website of 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

2 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. 6. Whenever the following capitalized terms are used in the further part of these Regulations, they shall be construed as meaning hereunder, unless otherwise expressly stated in the context of their use: a. 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, on working days from 8 a.m. to 7 p.m. and on Saturdays from 9 a.m. to 2 p.m. at the phone numbers , , , info@eobuwie.pl, via Skype: eobuwie.pl, by online chat on the Live Chat on the Shop website and by the contact form on the Shop website at Cost of connection with Client Service Centre - charge as standard connection - according to the price of the appropriate operator). b. PRICE - specified in PLN or in 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 otherwise stated in the Promotion conditions. c. WORKING DAY - one day from Monday to Friday excluding public holidays. d. 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 two times the password to be repeated 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. e. 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. Where the Client is a natural person with limited legal capacity, he/she undertakes 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; f. CIVIL CODE - Civil Code Act of 23 April 1964 (Journal of Laws of 2014 item 121, as amended.) g. CONSUMER - a natural person performing a legal transaction with an entrepreneur not directly related to its business or professional activity. h. ACCOUNT - Electronic Service, marked with an individual name (Login) and Password provided by the Client a collection of resources in the Seller's ITC system, allowing the Client to use additional functionality/services. The Client obtains access to the Account with the Login and Password. The Client logs into his Account after registering on the Shop website. The Account allows storing and saving Client's address information for sending Products, tracking the Order status, access to the Order History. i. CART - service provided to each Client who uses the Website by allowing him/her to easily purchase one or more Products, entering discount codes enabling the Price to be reduced on the terms of separate agreements/regulations, displaying a summary of Prices for each of the Products and all Products in total (including shipping costs), displaying the expected delivery date of the Products. j. LOGIN - Client's address provided within the Shop while creating an Account. k. NEWSLETTER - Electronic Service that allows all its Clients to receive automatically from the Seller cyclical information about Products, Online Shop, including new and special offers sent at the Client s provided address or a phone number at the explicit Client s consent. l. PRODUCT a movable item available in the Online Shop that is the subject of the Sale Agreement between the Client and the Seller being paid by the Price. All Products offered at the Online Shop website are brand new.

3 m. PROMOTIONS - special terms of sale or provision of services regulated by the terms of the Online Shop, regarding a special offer of the Online Shop valid 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. n. REGULATIONS / SERVICE AGREEMENT - this document defining the terms of the Sale Agreements and the rules governing the provision and use of the services offered by the Seller via the Shop to Clients. The Regulations define the rights and obligations of the Client and Seller. As regards 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). o. ONLINE SHOP - a platform for selling Products and for providing services offered by the Seller, run by the Seller, constituting a set of interconnected websites, available at the Internet address: p. 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@eobuwie.pl, contact phone number: (+48) ; or mobile (charged at standard call according to the pricelist of the appropriate operator). q. 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. r. 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, concluded between the Client and the Seller using the means of remote communication. The Sale Agreement specifies in particular the Product, its main features, Price, shipping costs and other relevant conditions. The Seller may enter into 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. s. ELECTRONIC 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. Insofar as the services are provided by the parties cooperating with the Seller, the relevant provisions concerning the rules for the use of these services are set forth in the rules governing the provision of services by those entities. t. ACT ON CONSUMER RIGHTS, THE ACT the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014 item 827 as amended.) u. 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. In order to enter into the Sale Agreement, the Client 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.

4 v. 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 that are intended to be purchased by the Client and the Client s data necessary to conclude and execute the Sales Agreement. The Order sent to the Seller is the Client's offer. II. ELECTRONIC SERVICES IN THE ONLINE SHOP 1. The Seller provides through the Online Shop, free of charge, the following Electronic Services for Clients: a. the Account B. Enabling Clients to place orders and conclude Sales Agreements; C. Presenting Clients with the advertising content tailored 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. 2. The seller, in addition, for the Clients who created the Account, provides free of charge through the Online Shop the following services: A. Maintaining the Client's session after logging into the Account (using a browser); 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 it is necessary for the Client to provide the following Client s data: name and surname, address and a password. 5. The Service Agreement is concluded 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 free of charge 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@eobuwie.pl or in writing to: ul. Nowy Kisielin - Nowa 9, Zielona Góra. Setting the Account is not required to make a purchase at the Online Shop. 6. The Use of the Cart commences with the very moment the Client adds the first Product to the Cart. 7. The Cart is provided free of charge and is of a one-off nature and shall be terminated when the Order is placed through it or when the Client earlier terminates placing the Order through it according to his will, whereas the Cart remembers the information selected by the Client also after ending the browser session for not longer than 7 days, but it does not serve for reserving the Products. 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 providing his/her address in the appropriate box on the Online Shop website 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 free of charge for an indefinite period of time. The Client is entitled, at any time and without giving the cause, 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 a relevant request to the Seller, especially by an to: info@eobuwie.pl or in writing to: ul. Nowy Kisielin - Nowa 9, Zielona Góra.

5 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. promptly 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 as necessary for a proper performance 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 offered by the Seller in a way that it does not interfere with the functioning of the Seller or the Online Shop; D. use the services offered by the Seller in a manner consistent 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 offered by the Seller in a manner that is not inconvenient to other Clients and to the Seller; F. pay for the Price and other costs set by the Client and the Seller timely; G. not provide or otherwise make available within the Shop any Content prohibited by applicable laws, in particular the Content infringing on the copyright of third parties or their personal rights; H. 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; - unauthorized modification of the Content provided by the Seller, in particular Prices or Products descriptions provided in the Store 11. Complaints related to the provision of Electronic Services shall be submitted, for example: A. in writing to: ul. Nowy Kisielin - Nowa 9, Zielona Góra; B. in an electronic form via to: info@eobuwie.pl; 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, in particular the nature and date of the irregularities occurrence; (2) the Client s demand and (3) the contact details of the complainant - this will facilitate and accelerate 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 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. 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. at the website of the Online Shop; B. by contacting CSC/BOK/: - by a telephone; - using Skype; -by an ; - using live chat software on the Website. 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 submission of the Order by the Client. 5. The Seller enables the Client to place an Order through the Online Shop, as follows:

6 a. The client adds the selected Product to the Cart and then proceeds to the Order Form. b. The client holding the Account confirms in the Order Form the up-to-date details necessary to conclude and execute the Sales Agreement. A user who does not have an Account must independently fill out the Order Form in the scope of his/her details necessary to conclude 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 offered delivery methods. d. The client chooses the method of payment of the Price and any other indicated in the Order Form the total costs of the execution of the Agreement. e. The Client sends the Seller 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 sends 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 concluding the Sales Agreement using 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 electronic mail 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 Shop in response to the Order immediately sends an electronic message to the Client confirming the receipt of the Order and accepting the offer submitted by the Client or information on the lack of the ability to accept it. The Seller sends the Client a confirmation of the terms of the Agreement to the address provided by the Client. 8. The Agreement is concluded upon confirmation of acceptance of the Order by the Seller. 9. 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. 10. Promotions applicable in the Online Shop are not subject to consolidation, unless it is expressly provided otherwise in the Promotion.

7 IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT 1. The Seller provides the Client with the following payment methods under the Sales Agreement: a. cash on delivery of the parcel; b. a transfer to Seller's bank account; c. electronic 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 on the website of the Online Shop in the "Payment Methods" tab and at each time on the sub-page of a given Product. 3. Settlements of electronic payments and payment cards transaction is carried out according to the Client s choice via authorized services; 4. If the Client chooses to pay by cash on a personal collection, payment by wire transfer, an electronic payment or the payment by a credit card, the Client is obliged to make the payment within 7 days from the date of conclusion of the Agreement. Upon expiry of the above deadline, BOK will contact Client to notify you of payment within an additional 3 day deadline. Failure to pay, despite the expiration of the additional deadline, is a condition of termination of the Sales Agreement. The Client may also cancel the Order within a specified period without incurring any consequences, without prejudice to his or her right of withdrawal. 5. If the Client chooses cash on delivery of the parcel, the Client is obliged to make cash on delivery payment when collecting the parcel. A refusal to accept the Product, despite designating 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 infringe 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" on the Website 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 provides otherwise. Shipping costs of the Product are indicated to the Client in the "Delivery Costs" tab on the Website and at each time on each sub-page of the Product, including the moment making the Client's willingness to be bound by the Sales Agreement. The Seller provides to Client in particular the following means of delivery or collection of the Product: a. Mail parcel, cash on delivery. B. Courier parcel, courier cash on delivery. C. InPost Parcel Pick-up Station. 3. Depending on the technical conditions, the Seller may also allow a personal collection at the addresses of its own stationary stores, having previously contacted BOK. 4. The total waiting 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 carrier. 5. The delivery due 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 event of simultaneous purchase of several Products with different delivery dates, the delivery date is the longest delivery date, however, which 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 curse of delivery period): a. recognition of a bank account or Seller s billing account - if the Client chooses to pay by a wire transfer, an electronic payment or by a payment card; b. conclusion the Sales Agreement - if the Client chooses the method of cash on delivery. 7. Until the above time, it is necessary to add the time of delivery of the Product by the given carrier depending on the type of delivery chosen by the Client and is presented at each time on each sub-page of the given Product and in the "Order Processing" tab on the Website.

8 VI. COMPLAINTS OF THE PRODUCT 1. The basis and scope of responsibility of the Seller against 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 offered at 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. Nowy Kisielin - Nowa 9, Zielona Góra. If a complaint refers to the Product, it is usually advisable to provide 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 Implied Warranty/Complaints 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 undue inconvenience to the Client; with the reservations and on the principles set out in the relevant 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 conform 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 that the Client provide in the description of the complaint: (1) information and 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 compliance 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 accelerate 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 take a stance to the Client's complaint instantaneously, 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 taken a stance to the request within fourteen days, the complaint is deemed to be justified. 9. If it is necessary to deliver the Product to the Seller so as to take a stance 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 to ul. Nowy Kisielin - Nowa 9, Zielona Góra. The details concerning the Seller's free ways to deliver the Product to the Seller free of charge by the Client to the Seller can be found on the Online Shop website in the Implied Warranty/Complaint 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 liable 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 purchase of the Product by the Consumer, the termination period shall not expire before the expiry of the period referred to in the first sentence.

9 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 out-of-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, in particular also at the following Internet address of the Office of Competition and Consumer Protection 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 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 electronic form by means of at the address: info@eobuwie.pl; 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.

10 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 carrier 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 deemed not to be concluded. 5. The seller is obliged immediately, not later than within 14 days of receipt of 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 reimbursing 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. Please include, as far as possible, a proof of purchase of the Product. 8. The consumer shall be liable for reducing the value of the Product resulting from its use beyond the necessary, to be determined, 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, offer 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; (2) where the price or remuneration depends 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 nonprefabricated 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, stay 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 periodicals, 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

11 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 commenced 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 and the database rights shall be protected by law and appertained to the Seller or entities with whom the Seller has entered into the relevant agreements. The Client is entitled to use the above-mentioned Content free of charge, 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 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, in particular graphics, comments, opinions or statements in the Account or elsewhere in the Online Shop, hereby grants the Seller a nonexclusive, royalty free license to use, store, alter, complete, public performance, public display, reproduction, and dissemination (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. X. PERSONAL DATA PROTECTION 1. Personal data of the Client are processed by the Seller as the personal data administrator. 2. The disclosure of personal data by the Client is voluntary, but necessary to establish an Account or enter into a Sale Agreement. 3. The Seller shall apply appropriate technical and organizational measures to protect the processed personal data. 4. The Client is entitled to access and correct its personal data. Personal data can be corrected or deleted after logging to the Account, or for unregistered Clients, the Client may modify or delete own data by sending a request to the Seller. 5. Personal data of the Client may be processed for the purpose of performing the Sale Agreement and correct delivery of services provided electronically and to keep the Client informed of the products and services offered by the Seller. 6. Additional explanations regarding the protection of personal data are contained in the "Privacy Policy" tab available on the Website. XI. TERMINATION OF THE AGREEMENT FOR SERVICE PROVISION AND CHANGES TO THE REGULATIONS 1. The Seller may at any time terminate the Service Agreement with the Client giving a one-month notice period for important reasons, understood as (a closed catalog): a. a change in the laws governing the provision of electronic services by the Seller affecting the mutual rights and obligations set out in the agreement concluded between the Client and the Seller, or a change in interpretation of the above provisions by court judgments, decisions, recommendations or directives within the scope of offices or authority concerned; b. a change of service provision manner due solely to technical or technological considerations (in particular the updating of the technical requirements indicated in the Regulations); c. A change of the scope or provision of services to which the provisions of the Regulations apply, by introducing new ones, modifying or withdrawing by the

12 Seller the existing functionality or services covered by the Regulations. 2. The seller s statement within the scope specified in sec. 1 above sends to the address given by the Client when creating an Account or placing an Order. 3. The Seller may terminate the Client the Service Agreement with a seven-day notice period and/or refuse a further right to use the Online Shop and to place Orders as well as may limit its access to the Content for all or important reasons, this is in case when the Client (a closed catalogue) violates the provisions of Section II.10.a, c, d, e, g, h of the Regulations. 4. The provision of paragraph 3 above applicable to the Client is entitled to use the Online Shop after a prior contact with the Seller (through BOK) and obtaining the Seller's consent to continue using the Online Shop. 5. The Regulations and Annexes to the Regulations constitute a standard agreement within the meaning of art of the Civil Code. 6. The Seller may amend the regulations (except for point XII of the Regulations, which applies to Non-Consumer Clients and may be amended at any time under generally applicable laws) in case of the occurrence of one of indicated following material reasons (a closed catalogue): a. a change in the laws governing the sale of Products or provision of services by electronic means by the Seller affecting the mutual rights and obligations set forth in the agreement concluded between the Client and the Seller, or a change of interpretation of the above provisions by court judgements, decisions, recommendations or directives the scope of offices or authority concerned b. a change of manner of services provision due solely to technical or technological considerations (in particular the updating of the technical requirements indicated in the Regulations); c. A change of the scope or provision of services to which the provisions of the Regulations apply by introducing new ones, modifying or withdrawing by the Seller the existing functionality or services covered by the Regulations 7. If any amendments are made to the Regulations, the Seller shall make available the unified text of the Regulations by publishing it on the Online Shop website and by means of a message sent to the address given at the conclusion of the Service Agreement by the Client which is agreed by the Parties as introduction of the information on the change to the electronic means of communication in such a way that the Client can get acquainted with its content. 8. The amendment of the Regulations comes into force 14 days after the date of sending the change notice. In case of Clients who have entered into a Service Agreement, i.e. having an Account, they are entitled to terminate the Service Agreement within 14 days from the day they are notified of the amendment of the Regulations. The amendment to the Regulations does not affect Sales Agreements concluded by the Client and the Seller prior to the amendment of the Regulations. XII. PROVISIONS CONCERNING NON-CONSUMER CLIENTS 1. This item of the Regulations and the provisions contained therein apply only to Non- Consumer Clients. This point of the Regulations and the provisions contained therein apply only to Non-Consumer Clients. 2. The Seller is entitled to withdraw from the Sales Agreement concluded with a nonconsumer Client within 14 days of its conclusion. Withdrawal from the Sale Agreement in this case may occur without giving the cause and does not generate any claims against the Seller against the Non-Consumer Client. 3. In case of non-consumer Clients, the Seller is entitled to limit the available payment methods, including the requirement to prepay in whole or in part, irrespective of the method of payment chosen by the Client and the conclusion of the Sale Agreement. 4. Upon the Product delivery by the Seller to the carrier the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product shall be transferred to the non-consumer Client. In such case, the Seller shall not be liable for any loss, defect or damage of the Product arising from its acceptance for the transportation until delivering it to the Client and for delay in the transportation of the parcel. 5. According to art of the Civil Code, the liability of the Seller for the Product under the implied warranty for the Product for a Non-Consumer Client is excluded. 6. In case of non-consumer Clients, the Seller may terminate the Service Agreement with immediate effect and without identifying the cause by sending a statement to the Client

13 in any form. 7. Neither the Seller nor his employees, authorized representatives and agents shall be liable to the Client, his subcontractors, employees, authorized representatives and / or agents for any damages, including loss of profits, unless the damage was caused intentionally by them. 8. In each case of establishing the liability of the Seller, its employees, authorized representatives and/or plenipotentiaries, such liability towards the non-consumer Client, irrespective of its legal basis, shall be limited to both the individual claim and any claims in total - up to the Price paid and delivery costs under the last Sale Agreement, but not more than up to one thousand zlotys. 9. Any disputes arising between the Seller and the Non-Consumer Client shall be subject to the jurisdiction of the Seller's registered office. 10. For Non-Consumer Clients, the Seller may amend the Regulations at any time on the basis of generally applicable laws. XIII. FINAL PROVISIONS 1. The Regulations is effective since Agreements concluded by the Seller are concluded in a Polish language. 3. The maintenance, securing and disclosure of essential provisions of the concluded Electronic Services Agreement is made by sending an to the address provided by the Client. 4. The maintenance, securing, disclosure and confirming to the Client the relevant provisions of the Sales Agreement is concluded by sending the Client an message with the confirmation of the Order placed and by attaching to the Parcel containing the Product the Order Specification and the fiscal proof of purchase. The content of the Sales Agreement is additionally stored and secured in the Online Shop s IT system. 5. The Seller shall provide technical and organizational measures appropriate to the extent security risk of the services provided under the Service Agreement. Use of Electronic Services is associated with the typical risks of data transmission over the Internet, such as their dissemination, loss or unauthorized access. 6. The content of the Regulations is available to Clients free of charge at the following URL where Clients can at any time review and print it out. 7. The Seller informs that the use of the Online Shop through an Internet browser, including placing an Order and making a phone call with BOK, may involve incurring cost of connection to the Internet (data transmission fee) or telephone connection costs, according to the tariff of the service provider used by the Client. 8. In matters not regulated in these Regulations, the provisions of general Polish laws shall apply, in particular: the Civil Code; Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002, No.144, item 1204, as amended); For Sales Agreements entered into by consumer Clients until 24 December the provisions of the Consumer Protection Act and liability for damage caused by a dangerous product dated 2 March 2000 (Journal of Laws of 2000 No. 22, item 271 as amended), and the Act on special terms of consumer sale and amendment of the Civil Code of 27 July 2002 (Journal of Laws 2002, No. 141, item 1176, as amended); For Sales Agreements concluded with consumer Clients since 25 December the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of commonly applicable law. 9. The choice of a Polish law pursuant to these Regulations does not deprive the Consumer of the protection granted to him/her under provisions that cannot be excluded by way of an agreement between the Seller and the Consumer under the law which would be appropriate under the applicable regulations in the absence of choice. Appendix No. 1 - Sample of the agreement withdrawal form template (It is necessary to complete and return the only if you wish to withdraw from the agreement) AGREEMENT WITHDRAWAL FORM TEMPLATE (It is necessary to complete and return the only if you wish to withdraw from the agreement) - Addressee: