Term and Conditions
RULES AND REGULATIONS
These Rules and Regulations make up the terms and conditions applicable to the delivery of all and any products available on www.distance.eu.
Prior to purchasing a Product, please read carefully the information contained in these Rules and Regulations. At the same time, please be informed that by ordering a product offered by Distance S.A. you accept these Rules and Regulations and thus, you accept to be bound with the provisions contained herein.
Furthermore, be informed that all the information required under Art. 6 of the European Parliament and Council Directive no 2011/83/EU is contained in the contents published on www.distance.eu or have been provided to you directly prior to the purchase of the product.
1. ABOUT US AND ABOUT OUR RULES AND REGULATIONS
1.1. distance.eu Internet store is owned by Distance Spółka z ograniczoną odpowiedzialnością Spółka komandytowa [ltd. limited partnership] with the registered office in Poznan, ul. Półwiejska 33, 61-886 Poznań, NIP: 778-14-06-159, REGON: 634453506, registered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto i Wilda in Poznan, VIII Commercial Division of the National Court Register under entry no KRS 449678, hereinafter referred to as the „Seller”.
1.2. The entity liable for the execution of orders and for the provision of any other customer related services is Distance Spółka z ograniczoną odpowiedzialnością Spółka komandytowa [ltd. limited partnership] with the registered office in Poznan, at ul. Półwiejska 33, 61-886 Poznań, NIP: 778-14-06-159., Statistical number REGON: 634453506, registered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto i Wilda in Poznan, VIII Commercial Division of the National Court Register under entry no KRS 449678.
1.3. To exercise the customer’s rights arising under these Rules and Regulations, the Customer shall contact the Seller using the below contact data:
• Distance S.A.
ul. Półwiejska 33
• E-mail: firstname.lastname@example.org
• Mobil: +0048 509 009 008
1.4. These Rules and Regulations regulate set forth the rules applicable among others to: filing orders, deliveries, complaints regarding defective Products, non-performance of the Agreement and protection of personal data.
1.5. The terms used in these Rules and Regulations shall have the following meaning:
a. Customer – a natural person filing an order via the website;
b. Seller – Distance Spółka z ograniczoną odpowiedzialnością Spółka komandytowa [ltd. limited partnership] with the registered office in Poznan, ul. Półwiejska 33, 61-886 Poznań, NIP: 778-14-06-159., Statistical number REGON: 634453506, registered in the Register of Entrepreneurs kept by the District Court Poznań – Nowe Miasto i Wilda in Poznan, VIII Commercial Division of the National Court Register under entry no KRS 449678;
c. Rules and Regulations – this document which sets forth the principles of the relationship between the Seller and the Customer within the framework of the performance of the agreements of sale concluded via the Website;
d. Internet store – business activity of the Seller consisting in the conclusion of the agreements of sale of sports footwear via the Website;
e. Website – the Internet web page under the address www.distance.eu, via which the Customer can in particular file an Order;
f. Product – goods presented on the Website;
g. Order – an order filed by the Customer via the Website to purchase a Product from the Seller;
h. Order Form – a form filled in by the Customer in order to File an Order and to purchase a Product;
i. Filing an Order – completion of all the formal acts required by the Seller and necessary for the conclusion of the Agreement of Sale;
j. Order confirmation – formal act of the Seller confirming the acceptance of the Order for execution;
k. Agreement of Sale – agreement of the sale of Products in the meaning of the Civil Code, concluded between the Seller and the Customer via the Website.
2. GENERAL PROVISIONS
2.1. These Rules and Regulations set forth the rules applicable to purchases in the Internet store run by the Seller under the address www.distance.eu .
2.2. The Internet store www.distance.eu offers footwear on-line in the territory of Poland and in the territory of other EU countries.
2.3. The Agreement of Sale of products is concluded on-line via filing an Order with the Internet store.
2.4. Detailed list of the Products and their unit prices are published on the Internet store website.
2.5. Information about the Products and their unit prices published on the Internet store website do not constitute an offer in the meaning of Art. 66 §1 of the Civil Code. The aforementioned information about the Products published on the Internet store website make up an invitation to the conclusion of the agreement in the meaning of Art. 71 of the Civil Code.
2.6. The Agreement of Sale of products is can be concluded on-line with the Seller via filing an Order with the Internet store.
2.7. To file an on-line Order, you have to read these Rules and Regulations and accept them.
2.8. Filing an Order the Customer accepts the terms and conditions of these Rules and Regulations binding as at the date of Order filing. At the same time, each time the Customer files an order, he/she shall read the updated and new version of the Rules and Regulations.
2.9. Nothing contained in these Rules and Regulations shall be construed as depriving the Customer of his/her statutory rights (in this the demand for compliance of the purchased goods with their descriptions, for their usability in compliance with their designated purposes and for their satisfactory quality).
3. FILING ORDERS
3.1. To file an Order, the Customer shall fill in the Order Form made available by the Seller on the Website.
3.2. Filing an Order, the Customer is not obliged to open an account on the Website. The account shall be opened in accordance with the instructions published on the Website.
3.3. Filing an Order via the Website makes up a purchase offer in the meaning of Art. 66 § 1 of the Civil Code.
3.5. The Seller undertakes to inform the Customer, at the beginning of the order filing procedure, if there are any restrictions in the delivery of Goods and what payment methods are acceptable.
3.6. The Seller accepts the following payment methods: ……………………………
3.7. The Seller undertakes to inform the Customer, in an explicit form, that the order placement involves the obligation of payment for the benefit of the Seller and the Buyer undertakes to confirm, by ticking the relevant box on the Website, that he/she acknowledges the obligation of payment for the order filed.
3.8. The Buyer declares that all the data provided for the purpose of the Product purchase is true and that the Buyer is entitled to use the credit card, the bank account or any other form of payment exercised by him/her and that he/she has sufficient funds or credit capacity for the payment of the Product price.
3.9. The unit prices of the Products, published on the Website, are not the final prices. The Seller undertakes to inform the Buyer of the final purchase price directly prior to the Order Filing. The final Product price is composed of its unit price and the dispatch cost.
3.10. The Seller will not charge the Customer with any charge fees in connection with the application of respective manners of payment that are higher than the costs actually incurred by the Seller thereunder. Immediately prior to the Order Filing, the Seller shall inform the Buyer about any potential charges resulting due to the application of a respective manner of payment.
3.11. If not otherwise provided on the Website, all the prices are in the currency binding in Poland.
3.12. The Order makes up a binding Product purchase offer until the Seller has sent the Order Confirmation or until the notification on Order Cancellation is received.
3.13. The Seller shall serve the Order Confirmation upon the Customer by E-mail.
3.14. The Agreement of Sale refers only to the Products the dispatch of which has been confirmed by the Seller in the Order Confirmation. The Seller is not obliged to deliver any Products which might be part of the Order until the Seller has confirmed their delivery in the Order Confirmation.
3.15. The Seller reserves the right to withdraw from the execution of the Order if the Order Form has failed to be correctly filled in, that is:
- Data provided in the Order Form is incomplete
- Data provided in the Order Form is not true
3.16. The Order will be executed under the condition that the ordered Product is in stock or is available from the suppliers of the Internet store. In any other case, the Customer shall be forthwith informed about the occurred circumstances and the Parties will negotiate further processing of the Order – extension of the delivery dates or cancellation of the Order.
3.17. The deadline of the Order execution depends on the type of payment selected by the Customer and on the date of the Order Filing. The Seller shall process the Order in the following manner:
regarding Orders with cash on delivery payment method
- The Order filed from Monday to Friday to 8:30 – will be executed on the same day;
- The Order filed from Monday to Thursday after 8:30 – will be executed on the next day;
- The Order filed on Friday after 8:30 and on Saturdays and Sundays – will be executed on Monday;
regarding Orders with bank transfer payment method
- after the availability of the goods is confirmed and bank transfer data is sent electronically, the Order is executed within 24 hours as of the crediting of the price on the bank account.
3.18. To have a VAT invoice issued, the Customer is obliged to tick a respective box in the Order Form and to provide therein data required for the issuance of a VAT invoice.
4.1. Costs of the Order dispatch are to be covered by the Customer.
4.2. The order is delivered by Gls Poland courier service.
4.3. The delivery date depends on the selected method of payment. The Seller undertakes to deliver the Product as soon as possible, in each case not later than 30 days as of the conclusion of the Agreement of Sale. The courier service firm delivers the dispatches from Monday to Friday on working days.
4.4. The costs of dispatch depend on the selected method of payment and are as follows:
- regarding Orders with bank transfer method: 9 EUR
4.5. Should there be any restrictions regarding the delivery of dispatches, the Seller undertakes to inform the Customer about them prior to the Customer’s purchase of the Product.
4.6. The moment the Customer or any third party indicated by the Customer is in the actual possession of the goods, the risk of their loss or damage becomes the risk of the Customer.
5. WITHTDRAWAL FROM THE AGREEMENT
5.1. The Customer shall have the right to withdraw from the on-line concluded Agreement of Sale for a 30 day period without giving any reason or without any costs to be borne by him/her.
5.2. The period for the withdrawal from the Agreement as specified in section 5.1 hereof shall lapse after 30 days as of:
- the day in which the Customer or any third party other than the carrier and indicated by the Customer has come into the actual possession of the Product or
- in case of one Order placed by the Customer for a number of Products which are delivered separately – the day in which the Customer or any third party other than the carrier and indicated by the Customer has come into the actual possession of the Product delivered at the latest date.
- in case of the delivery of the Products in batches or parts – the day in which the Customer or any third party other than the carrier and indicated by the Customer has come into the actual possession of the batch or part delivered at the latest date.
5.3. Prior to the lapse of the period allowable for the withdrawal from the Agreement of Sale, the Customer shall inform the Seller about his/her decision to withdraw from the Agreement. To do so, the Customer can:
a) use the form template on the withdrawal from the Agreement of Sale attached in the enclosure to these Rules and Regulations or
b) submit any other explicit and unambiguous declaration, in which he/she shall inform about the decision on the withdrawal from the Agreement of Sale.
5.4. The Customer has exercised the right to withdraw from the Agreement of Sale in the period allowable for the withdrawal from the Agreement of Sale if he/she has provided the information regarding the exercise of the right to withdraw from the Agreement prior to the lapse of the indicated deadlines.
5.5. The Seller shall reimburse the Customer all the amounts received from the Customer, in this the costs of the delivery of the Product , without unnecessary delay, in each case not later than by 30 days as of the day the Seller was has been informed about the Customer’s decision to withdraw from the Agreement of Sale.
5.6. If the Customer has explicitly selected a delivery other than the most economical standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse any additional costs.
5.7. In the case of the withdrawal from the Agreement, the Seller reserves the right to charge all direct costs of the return of the Product upon the Customer (in particular the costs of dispatching the Product to the registered office of the Seller).
5.8. The Seller shall reimburse the amounts using the same method of payment as originally used by the Customer for the transaction unless the Customer has explicitly agreed for another method and under the condition that the Customer shall bear no costs in connection with such reimbursement. The Seller shall reimburse the Buyer the costs of the delivery in the amount equal to the most economical methods of the delivery offered by the Seller.
5.9. The Seller can refrain from the reimbursement of the amounts received from the Customer until the receipt of the Product which is subject to a return or until the receipt of the confirmation of the Product return dispatch by the Customer, whichever is earlier, if the Seller has not offered to collect the Product on his own.
5.10. If the Seller has not offered to collect the Product on his own, the Customer shall send the Product or hand it over to the Seller or the person authorised by the Seller for its receipt, without unnecessary delay, each time not later than 30 days as of the day the Customer has informed the Seller about their decision to withdraw from the Agreement of Sale. The time limit is met if the Customer sends the Products prior to the lapse of a 30 day period.
5.11. The Customer shall be liable for all and any impairment in the value of the Products resulting from handling the Products in the manner other than necessary for finding their nature, properties and operation. On no account is the Customer liable for all and any impairment in the value of the Products if the Seller has failed to inform the Customer about his/her right to withdraw from the Agreement.
6. COMPLAINTS REGARDING DEFECTIVE PRODUCTS
6.1. The Seller undertakes to deliver to the consumer goods that are compliant with the Agreement of Sale, that are not damaged, in quantities compliant with the Order and compliant with the most recently published by the manufacturer instruction manuals published on the Website or in the materials about the Product available at the date of the Order placement.
6.2. The Seller shall be held liable by the Customer for any inconsistencies between the Product and the aforementioned aspects.
6.3. Should the Product be found inconsistent with the Agreement of Sale, the Seller undertakes to restore the Product to the condition compliant with the Agreement of Sale by way of repair or replacement or to dissolve the Agreement with respect to such Products.
6.4. The Customer can demand a respective price reduction or the termination of the Agreement of Sale
• if the Customer is not entitled to carry out repairs or effect replacement;
• if the Seller has failed to do the repairs or replace the Products in a reasonable period of time or
• if the Seller has failed to do the repairs or replace the Products without causing significant inconvenience to the consumer.
6.5. A complaint can be filed in writing or by e-mail.
6.6. To exercise the rights, such warranty claim shall be filed on a legibly filled in warranty claim form including:
• name and surname,
• name of the goods,
• date of purchase,
• description of the defect as well as place and date of its occurrence,
• warranty claims,
• date of delivery of the dispatch by the carrier.
6.7. Filing a warranty claim, the Product complained about, shall also be submitted together with the warranty claim form, which makes up an enclosure hereto.
6.8. The grounds for the complaint shall be reviewed within 14 days as of the delivery date of the Product. The costs necessary for the exercise of the said rights and incurred by the Customer shall be reimbursed to the Customer.
7.1. The Seller is not the manufacturer of the Products. The manufacturer shall bear all the liability under the warranty for the sold Product on terms and conditions and for a period indicated in the warranty card. If the warranty card provides for such possibility, the Customer can file his/her warranty claims directly in the authorised service centre listed on the warranty card.
8. NON-PERFORMANCE OF THE AGREEMENT
8.1. Should the Customer breach any of his/her obligations arising under the Agreement of Sale, the Seller reserves the right to immediately terminate the Agreement in writing and to retain any advance payments, whereas the Customer shall be obliged to indemnify the Seller against any liability for any claims, losses, damages, undertakings, costs or expenses of any nature resulting from the dissolution of the Agreement and to pay, for the benefit of the Seller, all and any due amounts.
8.2. Termination of the Agreement shall not affect the rights of the Customer and the Seller or the remedies they are entitled to [pursuant to the law].
9. PERSONAL DATA PROTECTION
9.1. Filing an order, the Customer agrees for the entry of his/her personal data in the database of Distance.eu with the registered office in Poznań at ul. Obodrzycka 61
9.2. The personal data is used only and exclusively for the execution of the Orders and – under the condition the Customer has consented thereto – for keeping the Customer informed about the new products, services and special price offers of the Internet store. The said data shall not be disclosed to any other entities.
9.3. The Customer shall have the right to review his/her own personal data and the corrections therein and to remove the data from the database.
9.4. The personal data provided to the Seller shall be kept with the observance of the principles and the protections compliant with the requirements specified in the legal regulations binding in the territory of the Republic of Poland, such as:
• the Act of 29.08.1997 on the protection of personal data (Journal of Laws no 101 of 2002, item 926 as amended);
• the Act of 18.07.2002 on Providing Services by Electronic Means (Journal of Laws no 144, item 1204 as amended);
• Regulation of the Minister of Internal Affairs and Administration of 29.04.2004 as regards personal data processing documentation and technical and organisational conditions which should be fulfilled by devices and computer systems used for the personal data processing (Journal of Laws No. 100 item 1024).
10. SEVERABILITY CLAUSE
10.1. If any of the provisions shall be deemed illegal, invalid or unenforceable within the scope of the provisions of the law of any state or country where they are to be binding, then in the scope in which such a provision is illegal, invalid or unenforceable and in accordance with the binding laws in the jurisdiction in which the said provision is illegal, invalid or unenforceable , it is excluded and removed, however, the remaining scope of these Rules and Regulations shall remain valid and fully effective and shall continue to be binding and enforceable.
11. FINAL PROVISIONS
11.1. In all matters not regulated herein, the provisions of the Civil Code, the provisions of the Act of 02.03.2000 on the protection of the rights of the consumers and the liability for the damage caused by a hazardous product, the Act of 27 July 2002 on special conditions and changing consumer sales Civil Code, the EU Parliament and Council Directive 1999/44/EC, 2000/31/EC and 2011/83/UE shall apply.
11.2. The court of proper jurisdiction for the settlement of disputes arising under the Agreement of Sale shall be the court of proper jurisdiction for the seat of the defendant or for the place of the execution of the Agreement.
All rights reserved to the website design and materials contained thereon (photographs, product descriptions, descriptions of categories). Without a written consent of the author, no contents published on the website or their part can be redistributed, copied, reproduced or made available by any computer networks, in this the Internet, intranet or extranet, or stored in the search systems or published on any other web pages. They cannot be distributed in any form and by any electronic or mechanical means or by scanners, on CDs or by any other technologically available means, either. The use of entire or partial descriptions published on the website, pictures or photographs without the consent of their author shall constitute a breach of copyright law pursuant to the Act of 4 February 1994 on the Copyrights and related rights (Journal of Laws no 24, item 83 as amended).
Pursuant to the binding provisions, the protection of copyrights is not conditioned on meeting any formalities. A piece of work is subject to protection if it meets the prerequisites for its classification as a piece of creative work, therefore, the creator is under no obligation to designate the piece with any note, reservation or inscription, nor is he under the obligation to register the piece of work.
In the event of a breach of the copyrights, the offender shall be subject to criminal liability.