Statute
§ 1. Definitions
- Statute - these Regulations, specifying the principles of concluding distance selling agreements via the Online Store, the principles of performing these agreements, the rights and obligations of the parties to the Distance Selling Agreement and the principles of the complaint procedure. In the scope of services provided electronically, the Regulations are respectively the regulations referred to in art. 8 of the Act on the provision of services by electronic means.
- Client - a natural person with full legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, which concludes a Distance Selling Agreement with the Seller.
- Consumer - a natural person concluding a legal act with an entrepreneur that is not directly related to his or her business or professional activity.
- Individual entrepreneur - a natural person concluding a Distance Sale Agreement directly related to his/her business activity, when it results from the content of this agreement that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him/her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- Entrepreneur - a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
-
Seller:
Prosper,
tel. +48 690 116 306,
shop@influwear.store,
NIP PL6731734033,
REGON 080289834. -
Seller's registered office address:
Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski. - Internet shop - website operated by the Seller, available at the following electronic addresses: https://influwear.store through which the Customer can obtain information about the Product and its availability and purchase the Product or order the provision of a service.
- Distance selling agreement - a contract for the sale of Goods/a contract for the provision of a Digital Service or Digital Content (if applicable), concluded via the Online Store.
- Commodity - a movable item that the Customer can purchase in the Online Store.
-
Digital service - a service that allows the Consumer to:
- generation, processing, storage of or access to data in digital form;
- sharing data in digital form that has been sent or created by the Consumer or other users of this service;
- other forms of interaction using data.
- Digital content - data generated and delivered in digital form.
- Privacy and cookie policy of the Online Store - a document specifying detailed rules for the processing of personal data and the use of cookies. The privacy and cookies policy constitutes Annex No. 3 to the Regulations and is available at https://influwear.store/pages/polityka-prywatnosci
- Durable medium - means a material or tool enabling the Customer or Seller to store information addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which this information is used and which allows the reproduction of the stored information in an unchanged form, in particular e-mail.
- Electronic order form - the Seller makes available to the Buyer an electronic ordering procedure.
- Electronic return form - electronic returns procedure provided by the Seller to the Buyer.
- Electronic complaint form - electronic complaint procedure provided by the Seller to the Buyer.
- Sending the order - confirmation of the order by the Customer clicking the "Order and pay" button, which is treated as the Customer submitting a binding declaration of intent to conclude a Distance Selling Agreement with the Seller.
- Account - a set of data stored in the Online Store and in the Seller's IT system regarding a given Customer and the orders placed by him/her and the Distance Selling Agreements concluded, with the use of which the Customer may place orders, as well as cancel or edit and conclude Distance Selling Agreements in due time.
- Opinion on order handling or opinion on individual Products - subjective statements and ratings awarded in the form of stars from 1 to 5.
- Subscription order - order created automatically as part of the Subscription.
- Subscription - an electronic service enabling the automatic creation of subscription Orders for specific Goods, in accordance with the repeatability selected by the Customer, without the need to place separate orders until the Subscription ends.
- Recurring payments - withdrawn.
- Operator - withdrawn.
- Card – a payment card issued within the Visa or International or Mastercard International systems, permitted by the regulations of these systems to execute transactions without physical presence.
§ 2. General provisions
- Types and scope of services provided electronically:
- concluding online sales agreements - in the scope of Goods sold in the Online Store,
- rules for registering and using the Account within the Online Store,
- adding opinions, comments and ratings - the customer can add an opinion or comment to his order,
- sending e-mails in which the Seller confirms receipt of the order, possible receipt of payment, and acceptance of the order for execution.
- The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
- Internet browsers in the latest version, e.g.:
- Firefox
- Chrome
- Microsoft Edge
- any program for viewing PDF files.
- Internet browsers in the latest version, e.g.:
- The content posted on the Online Store website, including descriptions of Goods and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
- The Seller makes these Regulations and Annexes available via a link on the home page before, during and after the conclusion of the Distance Sale Agreement. The Buyer can download and print it.
- In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the level of security of the services provided, in particular measures to prevent unauthorized persons from obtaining and modifying personal data sent via the Internet.
§ 3. Orders
- An order can be placed in the Online Store via the Account or you can choose to purchase without registration, in which case an internal account is created, on the basis of which the Customer can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
- The purchase is made by filling in the Electronic Order Form available on the Online Store website. The selection of ordered Goods is made by adding them to the basket. The Electronic Order Form specifies, among other things, which Goods, at what price and in what quantities the Customer wants to order to the location indicated by him. The Customer takes appropriate technical steps based on the displayed messages.
- After the Customer has provided all the necessary data, a summary of the placed order will be displayed. The order summary will contain information regarding: data identifying the Seller, the subject of the order, the unit and total price of the ordered Goods, including delivery costs and others if any, the selected payment method, the selected delivery method, the time and cost of delivery.
- If the subject of the contract is the delivery of Digital Content or Digital Services that are not recorded on a tangible medium or services provided electronically or remotely - the Consumer expresses the following consent in an additional checkbox required to place an order and located on the Electronic Order Form: "I consent to the delivery of digital content that is not recorded on a tangible medium or to the commencement of the provision of the service before the expiry of 14 days from the date of conclusion of the contract and I acknowledge the loss of the right to withdraw from the contract". The Seller will confirm receipt of the above consent by e-mail.
- In order to place an Order, it is necessary to provide personal data marked as mandatory in the Electronic Order Form, accept the content of the Regulations, and send the order by clicking the "Order and pay" button.
- The sending of the Electronic Order Form by the Customer constitutes a binding declaration of intent to conclude a Distance Sale Agreement in accordance with the content of these Regulations.
- A distance selling agreement is treated as concluded at the time of acceptance of the Electronic Order Form by the Seller, which is confirmed by displaying to the Buyer a message confirming acceptance of the order and providing its number.
- After concluding the Distance Selling Agreement, the Customer receives an e-mail confirming the placed order, including: confirmation of the order and final confirmation of all essential elements of the Order and the general terms and conditions of the concluded Distance Selling Agreement (Online Store Regulations with Annexes No. 1 and 2), the Seller's data, the Seller's liability for the quality of the service, the services provided by the Seller after the sale and the method and effects of withdrawal from the agreement. Instructions on the method and effects of withdrawal from the agreement are included in Annex No. 1.
- Until the Seller starts processing the order:
- The customer can change their order using the technical solution available on the Electronic Order Form page and by going through the entire ordering process again. The order is changed by placing a new one, which replaces the previously placed one. Alternatively, the payment made by the customer is settled towards the new order, and in the case of an overpayment, it is returned to the bank account from which the payment was made.
- The customer may cancel their order by selecting the "cancel order" option available on the Electronic Order Form page.
- If the Customer cancels the order, the Seller will refund the received payment within 3 business days. The refund will be made using the same payment method that the Customer used.
- The order processing time is from 1 to 10 business days from the date of conclusion of the contract.
§ 4. Payment
- The Online Store offers the possibility of making payments in the form of prepayments, cash on delivery (with payment to the account after delivery). The option of payment with a deferred payment date is possible in situations individually agreed with the Seller.
- Payment for the goods can be made in the manner selected when placing the order on the Electronic Order Form.
- Currently available payment methods in the form of prepayments in the Online Store are available at https://influwear.store/pages/platnosci
§ 5. Delivery
- On the Electronic Order Form, the Customer selects the delivery method by marking his/her selection.
- In the event that the Customer does not receive the Goods, which results in the return of the Goods to the Seller - the Seller may withdraw from the sales contract, after previously calling on the Customer in an e-mail message provided in the purchasing process to perform the contract. Withdrawal from the contract is made by submitting a statement to the Customer in the form of an e-mail message.
- In the situation referred to in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.
- Currently available delivery methods in the Online Store are available at https://influwear.store/pages/wysylka .
§ 6. Withdrawal from the contract - electronic return form
- A consumer who has concluded a Distance Sale Agreement may withdraw from it within 14 days without giving any reason. In the event of withdrawal from a Distance Sale Agreement, the agreement is deemed not to have been concluded.
- The right to withdraw from the contract under the terms specified in paragraphs 6 and 7 of these Regulations also applies to the Individual Entrepreneur. Insofar as paragraphs 6 and 7 of these Regulations on the Consumer are referred to, this also means the Individual Entrepreneur.
- In the event of withdrawal from the contract, the Consumer shall bear only the direct costs of returning the Goods.
- The Consumer’s declaration must clearly express his/her will to withdraw from the contract, in particular the Consumer may:
- use the electronic return form available on the Online Store website: https://influwear.store/pages/zwrot
- withdraw from the contract using the withdrawal form, which is Appendix No. 2, by sending it to the address of the Seller's registered office.
- The Seller shall immediately confirm on a Durable Medium the fact of receiving the declaration of withdrawal from the contract submitted in the manner indicated in points 1 and 2.
- To meet the deadline, it is sufficient to send the declaration before it expires.
- The deadline for withdrawal from the contract begins:
- for a contract in the performance of which the Seller delivers the item and is obliged to transfer its ownership - from the moment the Consumer or a third party indicated by him other than the carrier takes possession of the Goods, and in the case of a contract which:
- covers a number of items that are delivered separately, in batches or in parts - from the taking of possession of the last item, batch or part;
- consists in the regular delivery of goods for a specified period of time - from the moment of taking possession of the first item;
- for other contracts - from the date of conclusion of the contract.
- for a contract in the performance of which the Seller delivers the item and is obliged to transfer its ownership - from the moment the Consumer or a third party indicated by him other than the carrier takes possession of the Goods, and in the case of a contract which:
- The declaration form for withdrawal from the contract (Appendix No. 2 to these Regulations) and information on exercising the right to withdraw from the contract (Appendix No. 1 to these Regulations) are provided in electronic form.
- In the event of withdrawal from the agreement for the supply of Digital Content or Digital Service, the Seller may prevent the Consumer from further using the Digital Content or Digital Service, in particular by preventing the Consumer from accessing the Digital Content or Digital Service.
- In the event of withdrawal from the Agreement on the supply of Digital Content or Digital Service, the Consumer is obliged to stop using this Digital Content or Digital Service and making it available to third parties.
- The right to withdraw from the Distance Sale Agreement does not apply to agreements specified in Article 38 of the Act of 30 May 2014 (Journal of Laws of 2019, item 134) on consumer rights, among others . Arrange:
- for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has provided the service he will lose the right to withdraw from the contract and has acknowledged this.
- in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract expires;
- the subject of which is a non-prefabricated item manufactured according to the Consumer’s specifications or intended to meet his individual needs;
- the subject of which is an item delivered in a sealed package which cannot be returned after opening the package for health protection or hygiene reasons, if the package was opened after delivery;
- the subject of which are audio or visual recordings or computer programs supplied in a sealed package, if the package has been opened after delivery;
- for the delivery of Digital Content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the provision, the Consumer will lose the right to withdraw from the contract and has acknowledged this;
- the subject of which is an item that spoils quickly or has a short shelf life, and the subject of which are items that after delivery, due to their nature, are inseparably connected with other items;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription agreements;
- concluded through public auction;
- for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service;
- where the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract and which can only be delivered after 30 days and whose value depends on market fluctuations over which the entrepreneur has no control;
§ 7. Consequences of withdrawal from the contract
- Within 14 days from the date of receipt of the declaration of withdrawal from the Contract of Sale of Goods, the Seller will return to the Consumer all payments made by him, including delivery costs corresponding to the cheapest method of delivery offered by the Seller.
- The refund will be made using the same payment method used by the Consumer.
- If the Consumer uses the Electronic Return Form to exercise the right of withdrawal, the funds will be returned in the chosen method and to the bank account provided by the Consumer.
- If the Seller has not offered to collect the Goods from the Consumer himself, he may withhold the refund of payments received from the Consumer until he receives the Goods back or until the Consumer provides proof of sending them back, depending on which event occurs first.
- The Seller may propose to the Consumer that he will collect the item from him. However, if the Seller has not made such an offer, the Consumer should return the item to the Seller (or a person authorized by the Seller to collect it) immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline, it is sufficient to return the item before it expires. The goods that the Consumer returns should be sent to the Seller's registered office address.
- The Consumer is responsible for any reduction in the value of the Goods resulting from their use in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
- The consumer may not withdraw from the contract if the Digital Content or Digital Service is supplied in exchange for a price and the lack of conformity of the Digital Content or Digital Service with the contract is immaterial.
- The Seller may request the return of the material medium on which the Digital Content was delivered within 14 days of receiving the Consumer's declaration of withdrawal from the contract. The Consumer shall return the medium immediately and at the Seller's expense.
- The Seller is obliged to refund the price only in part corresponding to the Digital Content or Digital Service that is inconsistent with the contract and the Digital Content or Digital Service the obligation to deliver of which has ceased as a result of withdrawal from the contract.
§ 8. Complaint
- A complaint regarding a defect in the Goods or non-compliance of the Goods with the concluded Distance Sale Agreement may be submitted:
- via the Electronic Complaint Form;
- in writing to the Seller's registered office address or by e-mail to sklep@influwear.store.
- The notification should specify the defect that the Buyer believes the Goods have, the demands towards the Seller and, if possible, document the defect and provide proof of purchase of the Goods in the Online Store. The Seller is obliged to respond to the complaint within 14 days of its receipt. If the Seller does not respond within the aforementioned period, it is considered that the complaint has been accepted. The Seller shall provide the Buyer with the response to the complaint in writing or on a Durable Medium.
- The steps that the Buyer must take in order to file a complaint, including the method of delivering the complained Goods to the Seller, are indicated at individual stages in the Electronic Complaint Form.
- If the Seller considers the complaint justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Goods shall be borne by the Seller.
- The Seller is liable to the Consumer and the Individual Entrepreneur for the lack of conformity of the Goods with the Distance Selling Agreement under the principles set out in the Act of 30 May 2014 on Consumer Rights.
- The Seller shall be liable for any lack of conformity of the Goods with the Distance Sale Agreement existing at the time of delivery and revealed within two years from that time, unless the expiry date of the Goods specified by the Seller is longer.
- The Seller shall repair or replace the Goods within 14 days of the date the complaint is accepted. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Seller.
- The Consumer makes available to the Seller the Goods subject to repair or exchange. The Seller collects the Goods at its own expense.
- The Seller is obliged to deliver Goods free from defects and is liable to the Entrepreneur for defects in the purchased Goods under the terms set out in the Civil Code.
- The provision of Digital Content or Digital Services to a Consumer or an Individual Entrepreneur takes place on the principles set out in the Act of 30 May 2014 on Consumer Rights.
- Digital Content is deemed to have been supplied at the time when the Digital Content or a means by which the Digital Content can be accessed or downloaded has been made available to the Consumer or to a physical or virtual device that the Consumer has independently selected for this purpose, or when the Consumer or such a device has obtained access to it.
- A digital service is deemed to be supplied when it is accessed by the Consumer or a physical or virtual device that the Consumer has independently selected for this purpose.
- The Seller shall bring the Digital Content or Digital Service into conformity with the Agreement within 21 days from the moment the Seller was informed by the Consumer of the lack of conformity with the Agreement, and without excessive inconvenience to the Consumer, taking into account its nature and the purpose for which it is used. The costs of bringing the Digital Content or Digital Service into conformity with the Agreement shall be borne by the Seller.
§ 9. Opinions
- An opinion regarding the handling of an order or an opinion regarding a Product can be placed during a visit to the Online Store by clicking on the interface placed next to the Product or by clicking on the link placed in an e-mail message. Adding an Opinion is voluntary and free of charge. Within one order - the Customer can only add the aforementioned Opinion once.
- Within the above-mentioned Opinion, the Client may award a rating in the form of stars from 1 to 5 and add a verbal statement limited to 65,535 verbal characters.
- The ratings are stored and publicly displayed on the Online Store website as well as on websites https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com .
- The Seller verifies Opinions using the email address that was used in the purchasing process of a given Product. An Opinion that is placed by a person using the email that was used in the purchasing process is marked on the Store's website with the comment "opinion confirmed by purchase". Any other Opinion is marked as "opinion not confirmed by purchase".
- The Seller may publish Reviews regarding a given Product from its other online Stores.
- The Seller does not change the Opinion in terms of content or awarded stars.
- The Buyer is solely and independently responsible for the statement made within the Opinion. The Seller is entitled to remove the Opinion under the principles resulting from the provisions of law and these Regulations.
- It is not permissible to post content that contains information that is false, misleading, vulgar, aggressive, offensive, or is clearly considered to be contrary to good customs. It is also not permissible to post content that is illegal, violates the rights of third parties, or constitutes an act of unfair competition.
- The Client undertakes not to post content that contains links to external websites of a promotional or advertising nature or that contains personal data of third parties.
- At the express request of the Customer, the content of the Opinion may be hidden from other users of the Store, but the awarded star rating is included in the overall rating of the Store and the Product.
§ 10. Intellectual property
- The Customer declares that he/she is not entitled to any rights, including copyright or related rights to the Ratings and statements posted by him/her, apart from the right to use the Online Store in the manner specified in the Regulations. The Customer is not entitled to any recording, reproduction, sharing, publishing or distribution of the content, unless such right results from legal regulations or the Regulations.
- The Customer is not entitled to interfere in any way with the content, in particular he is not entitled to interfere with the content, structure, form, graphics, mechanism of operation or other elements of the Online Store.
- By posting Opinions in the Online Store, which constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, the Customer grants the Seller a non-exclusive and free of charge license, unlimited in time and territory, for the Seller to use these works, along with the right to grant a sub-license, which includes making the work publicly available in such a way that everyone can have access to it at a place and time of their choosing (Internet). The license is granted in relation to all fields of exploitation known at the time of its granting, in particular to the following fields of exploitation:
- in the scope of recording and reproducing the work by any technique - in particular printing, reprographic, magnetic recording, digital, i.e. using any techniques on any audiovisual or visual medium, in particular on audiovisual discs, CDs, computer discs, in multimedia networks, including Internet and related online services, as well as reproduction, recording, use on the Internet, advertising, reproduction of recording in electronic form in computer memory and in internal and external networks,
- use of all or parts or any elements of the work with the possibility of modification resulting from the nature of a given Internet medium - in all publications, in particular online, digital, in bulletins and information, alone or in combination with other works or parts of works; use in whole or in part for promotion and advertising purposes, in particular in the form of audiovisual, audio, media advertising.
- in the scope of circulation of the original or copies on which the work was recorded - introduction to circulation, lending, rental of the original or copies,
- in the scope of distributing the work in a manner other than specified above - public performance, exhibition, display, reproduction and broadcasting and re-broadcasting, as well as making the work publicly available in such a way that everyone can have access to it at a place and time of their choosing,
- use of works for promotional and marketing purposes;
- Deleting an Account by the Customer or a Review pursuant to Chapter 9, point 8 does not affect the validity of the above license.
§ 11. Rules for selling in the subscription model
- An electronic service in the form of a Subscription may be provided by the Seller to the Buyer.
- Using the Subscription allows for the cyclical delivery of selected Goods, at intervals specified by the Customer, without the need to place further orders until the Subscription ends. Payment for the Subscription is made exclusively using the Recurring Payments mechanism and only via one Card.
- Unlinking a Card from the Subscription will terminate the Subscription.
- Transactions within the framework of Recurring Payments will be executed only and exclusively after prior registration of the Cardholder on the Operator's website (or the entity through which the Operator handles Transactions). The registration will be aimed at verifying that the Customer ordering the Recurring Payment is the authorized holder of the Card that will be charged. Before registering the Card on the transaction page, the Customer is obliged to give consent to regular collection of fees by activating the Recurring Payments service. The consent is stored on the Operator's website.
- The Buyer creates a Subscription by selecting this form of purchase in the Electronic Order Form. Confirmation of the creation of the Subscription is sent immediately to the Buyer's e-mail address, indicated when making the first Subscription Order.
- The Customer manages the Subscription via the Account according to the available options.
- The subscription is made for an indefinite period.
- The Customer may terminate the Subscription at any time. Termination of the Subscription by the Customer is tantamount to withdrawal of consent to further charges under Recurring Payments. In such a situation, the next Subscription Order will not be created. If the Subscription is terminated after the date indicated in the e-mail referred to in point 11, the current Subscription Order will be fulfilled last.
a). The Subscription is terminated by the Buyer selecting the "End Subscription" option in the settings of a given Subscription, which are available after logging in the Customer from their Account.
b). The Buyer may also terminate the Subscription by e-mailing the store support at sklep@influwear.store. - The Seller has the right to terminate the Subscription, about which he will inform the Buyer by e-mail or by phone at least 7 days in advance. In this situation, the funds from the Card will not be collected and no further Subscription Orders will be created.
- The Seller is entitled to change the prices of the Goods during the Subscription period, about which the Buyer is informed in the e-mail correspondence referred to in point 11.
- The Seller sends the Buyer an e-mail message about the creation of a Subscription Order, specifying its subject, quantity, price (including any price change if any), the date of execution and the planned date of collection of funds from the Card - no later than 3 days before the funds are collected from the Card. In addition, the Seller informs the Buyer about the possibility of terminating the Subscription by attaching a link to the settings that allow the termination of a given Subscription from the Customer Account and the date until which it will be effective. In the event of termination of the Subscription after the date indicated in the e-mail - the termination will have an effect on subsequent Subscription Orders. This means that the Subscription will be terminated, but the current Subscription Order will be the last to be completed.
- If the attempt to charge the Card fails, the Customer will be informed by e-mail that the payment cannot be collected. Possible reasons for the failure to collect the payment include: lack of funds on the Card, expiry of the Card or technical problems.
- The expiry of the Card associated with the Subscription or the inability to authorize a payment order for other reasons results in the termination of the Subscription.
- The subscription order will only be fulfilled after funds have been successfully debited from the Card.
- Termination of the Subscription entails immediate termination of the contract for the sale of the Goods.
§ 12. Final provisions
- These Terms of Use are effective from 1/11/2024.
- In the event of a change or invalidation of any provision of these Regulations by a decision of a competent authority or court, the remaining provisions remain in force and bind the Seller and the Customer.
- The Seller reserves the right to change these regulations. All agreements concluded before the date of entry into force of the new regulations are implemented on the basis of the regulations that were in force on the date of conclusion of the agreement.
- The law applicable to the resolution of any disputes related to the Regulations is Polish law. These disputes will be resolved by a locally competent common court. A Customer who is a Consumer may also use out-of-court complaint and claim settlement methods. All information regarding out-of-court complaint and claim settlement methods can be found on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we inform you that the indicated proceedings are voluntary and both parties must consent to them.
- Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that at http://ec.europa.eu/consumers/odr a platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available. The ODR platform is a website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract.
§ 13. Annex 1 - Information on exercising the right of withdrawal
- The right to withdraw from the contract under the following principles is granted to the Consumer and the Individual Entrepreneur.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires after 14 days:- in the case of a sales contract, from the day on which you came into possession of the item or on which a third party other than the carrier and indicated by you came into possession of the item;
- in the case of a contract requiring the transfer of ownership of several items that are delivered separately from the day on which you come into possession of the last item or on which a third party other than the carrier and indicated by you comes into possession of the last item;
- in the case of a contract requiring the transfer of ownership of goods delivered in lots or parts, from the day on which you came into possession of the last lot or part or on which a third party other than the carrier and indicated by you came into possession of the last lot or part;
- in the case of contracts for the regular delivery of goods for a fixed period of time, from the day on which you came into possession of the first item or on which a third party other than the carrier and indicated by you came into possession of the first item;
- in the case of contracts for the provision of services or digital content that are not supplied on a tangible medium - from the date of conclusion of the contract.
- To exercise the right of withdrawal, you must inform us, i.e.: Prosper, Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski, tel. +48 690 116 306, sklep@influwear.store, of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
- You may use the model withdrawal form, but this is not obligatory.
- You can also fill out the Electronic Return Form available on the Online Store website: https://influwear.store/pages/zwrot. If you use this option, we will immediately send you confirmation of receipt of the information about withdrawal from the contract on a durable medium.
- In order to meet the withdrawal deadline, it is sufficient for you to send information regarding the exercise of your right to withdraw from the contract before the withdrawal deadline expires.
- If you withdraw from this contract, we will reimburse you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed of your decision to exercise your right to withdraw from this contract. We will make the reimbursement using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise.
- In the case of contracts requiring the transfer of ownership of goods in which we have not offered to collect the goods in the event of withdrawal from the contract, we must withhold the refund until we receive the goods or until we are provided with proof of their return, depending on which event occurs first.
- Please send the returned item to the following address: Prosper, Prądzyńskiego 31G/18, 66-400 Gorzów Wielkopolski immediately, and in any case no later than 14 days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiry of the 14-day period. You will have to bear the direct costs of returning the item.
- Due to the weight and dimensions of the Goods, in the event of withdrawal from the contract - returning the Goods may involve higher costs than regular post. In the event of wishing to use the services of courier companies, it may be necessary to send the shipment on a pallet, which is more expensive than regular post.