Terms and conditions of the outbag.store online store

Terms and conditions of the outbag.store online store

§1

General provisions

• These Regulations of the outbag.store online store (hereinafter: Regulations) define the conditions governing the use of the outbag.store online store, setting up a User Account, making purchases in the online store, delivering ordered products to the Buyer, paying for products, as well as the rights and obligations of the Seller and the User, the Seller's liability and the rules for submitting complaints via the online store.

• The operator of the website and the owner of the online store is PBS Hydrowiert NIP: 618 144 88 12 REGON: 250655078 Góra 10/2 88-101 Inowrocław (hereinafter: Seller).

• Each User is required to read these Regulations before using the Online Store. The Regulations are available on the outbag.store website of the Online Store.

• From the moment the User starts using the Online Store and accepts the terms of these Regulations, he or she is obliged to comply with the provisions of the Regulations.

• Upon registration of the User Account, an agreement for the provision of electronic services is concluded between the Seller and the User, as part of the use of the Online Store, including in particular services consisting in access to the functionalities of the Online Store.

§2

Definitions

• Working days – days of the week from Monday to Friday, excluding public holidays.

• Password – a string of alphanumeric characters of at least 8 characters, necessary for authorization when accessing the User Account, which is specified by the User in the process of registering the User Account.

• Marketing information – information in the form of e-mail sent by the Website Operator on a cyclical basis via e-mail to the e-mail address provided by the User, containing marketing and promotional information.

• Buyer – User using the Website, in particular placing an Order for selected Products via the Website.

• User Account/Account – an individual User account that allows for full use of the Website’s functionality, including placing orders, making payments, and providing access to Order history.

• Login – User's e-mail address or another string of characters allowing the identification of the User provided when creating the User Account.

• Privacy Policy – a document containing detailed information on the protection of personal data of Users of the Online Store, regulating in particular the principles of processing personal data of these Users.

• Product – available in the Seller's offer: digital content within the meaning of art. 2 sec. 5 or digital service within the meaning of art. 2 sec. 5a of the Act of 30 May 2014 on consumer rights, which is the subject of the Agreement for the provision of digital content or services concluded between the Buyer and the Seller. Commercial information about the Product in the Online Store does not constitute an offer within the meaning of the Civil Code and should be treated as an invitation to submit offers by the Customer to conclude an Agreement for the provision of digital content

• Regulations – User Regulations of the outbag.store online store

• Service – internet platform in the outbag.store domain

• Online store – online store run by the Seller, available at outbag.store.

• Seller – PBS Hydrowiert NIP: 618 144 88 12 REGON: 250655078 Góra 10/2 88-101 Inowrocław

• Agreement – an agreement concluded between the User and the Seller for the provision of electronic services within the scope and on the terms specified in the Regulations.

• Agreement for the provision of digital content or services - an agreement concluded via the Online Store between the Buyer and the Seller, the subject of which is the preparation and provision of the Product ordered by the Buyer

• Services – all services provided electronically via the Online Store by the Seller to Users.

• User – a natural person using the Services available in the Online Store.

• Order – a declaration of will by the Buyer, which is an offer to conclude an Agreement for the provision of digital content or services with the Seller, indicating the type of Product ordered, quantity, price, method of delivery and form of payment. After the Seller accepts the Order, the Agreement for the provision of digital content or services is executed.

§3

Technical requirements

• Access to the content published in the Online Store and the use of its functionalities described in the Regulations is not subject to any fees. The condition for obtaining access to the functionalities of the Online Store is to use a device communicating with the Internet, equipped with a commonly used Internet browser, and in the case of Users who register a User Account - also to have an e-mail account operating on any server (other than a temporary or anonymous one).

• Browsing the Product range and placing an Order does not require registration of a User Account.

• The Buyer may place Orders for Products in the Seller's assortment by creating a User Account in the Online Store or without registration after providing the necessary personal and address data enabling the execution of the Order.

• The Seller reserves the right to temporarily unavailable the service in whole or in part of its functionality, including for the purpose of carrying out necessary service and maintenance activities to the extent necessary for this purpose. The Seller will inform in advance about planned service work by an announcement in the Online Store. The Seller also reserves the right to discontinue the provision of Services and delete the User's Account in the event of failure to comply with the Regulations or in the event that effective provision of services is impossible due to the fault of the User.

• The costs of data transmission required to use the Online Store are covered by Users on their own, based on agreements concluded with telecommunications operators or other Internet service providers. The User is responsible for any fees for the use of data transmission necessary to use the Online Store.

§4

Shopping

• The Parties to the Sales Agreement concluded via the Online Store are the Seller and the Buyer. From the moment the Order is confirmed by the Seller, the Seller is solely responsible for the correct execution of the Order.

• The Online Store publishes information about Products and the terms of placing an Order and delivering the Product. The information does not constitute an offer, but only an invitation to submit offers with the content indicated in the information about the Product. The Buyer's selection of Products and placing an Order constitutes an offer to conclude an Agreement for the delivery of digital content or services of the indicated Products.

• The Buyer selects Products by adding selected Products to the virtual basket. Placing Products in the basket does not involve their reservation.

• After selecting the Product and before selecting the payment method, the Buyer is obliged to provide a full and correct e-mail address and telephone number, which should not change until delivery. Changing the e-mail address is possible only in extraordinary circumstances after consultation with the Seller and before the Products are transferred to the originally indicated e-mail address.

• After the Buyer places the Order and selects the payment method, the Buyer receives an electronic confirmation of the Order from the Seller. Upon receipt of this message by the Buyer, an Agreement for the provision of digital content or services is concluded between the Seller and the Buyer.

• If the Seller is unable to fulfill the service in whole or in part due to the fact that the Product is not available, or due to unforeseen circumstances it has not been delivered to the Seller or has been damaged or lost, then the Seller shall immediately notify the Buyer and return the received price or provide substitute service of the same value as the price paid - at the Buyer's discretion and with the Buyer's consent.

• The Seller is not responsible for failure to deliver the Product due to reasons attributable to the Buyer – e.g. due to providing an incorrect or incomplete e-mail address preventing delivery of the Order. In such a situation, the Seller shall notify the Buyer of the unsuccessful attempt to deliver the Product. The Seller shall not be responsible for the Buyer losing access to the e-mail box indicated when placing the Order.

§5

Payment

• Payment is made by the Buyer to the provided bank account number using electronic payment methods provided by a specialized payment institution with which the Seller has concluded an agreement.

• When making a payment, the Buyer is redirected to a website that allows for making the payment, e.g. the Buyer's bank login page or the Card Authorization Center. If payment for the Product is not made within 1 day from the date of the Order, the Order placed by the Buyer is canceled, and the lack of payment is understood as the Buyer's withdrawal from the Agreement for the provision of digital content or services.

• The Product price given in the Product description includes taxes and all fees required by applicable law.

• The purchase of the Product is documented by the issuance of a receipt or VAT invoice. The Buyer agrees to receive electronically, to the e-mail address indicated during registration, an electronic image of settlement documents, in particular such as: VAT invoices with attachments, including corrective VAT invoices.

• The Seller may conduct promotional campaigns and sales on separately defined terms.

§6

Marketing information (Newsletter)

• As part of the Services provided electronically, the Seller may send Marketing Information such as a Newsletter to the e-mail address provided by the User.

• The User may consent to receiving Marketing Information by marking the appropriate declaration of consent during the registration of the User Account in the Online Store or by entering the e-mail address in the dedicated functionality available in the Online Store.

• The Seller sends Marketing Information free of charge until the User withdraws his consent.

• Individual messages sent as part of the Marketing Information shipment constitute works within the meaning of copyright law and are subject to protection specified in the provisions of law. Any copying, modification and use in a manner inconsistent with the intended purpose or without the consent of the Seller may constitute a violation of the law.

• The User may opt out of receiving Marketing Information at any time by:

• logging in to the User Account and unsubscribing in the profile settings,

• the “Unsubscribe” link included in the Marketing Information message sent,

• sending the request directly to the Seller's address.

• The Seller may suspend or terminate the sending of Marketing Information after informing the User about this fact through an announcement in the Online Store.

§7

Personal data

• The administrator of personal data is the Seller, whose identity and contact details are provided in §1 section 2 of the Regulations.

• The Seller processes personal data necessary to conclude and perform the contract within the meaning of Art. 8 sec. 2 of the Act of 18 July 2002 on the provision of services by electronic means, including in particular for the purposes indicated in §4 sec. 8 of the Regulations.

• The Seller processes data in accordance with the provisions of generally applicable law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as: GDPR).

• The Seller processes personal data:

• based on Article 6 paragraph 1 letter b of the GDPR, i.e. in order to take action at the request of the person before signing the contract and then implementing its provisions;

• pursuant to Article 6 paragraph 1 letter c of the GDPR, i.e. in order to fulfil the legal obligations incumbent on the Seller;

• pursuant to Article 6 paragraph 1 letter a of the GDPR, for the purpose of sending Marketing Information to the User who has given consent thereto;

• based on Article 6 paragraph 1 letter f of the GDPR, i.e. pursuing its legitimate interest in protecting its own interests, pursuing and defending against possible claims.

• Personal data will be processed for the period in which the person remains an active User of the Online Store, and after that time for the period necessary to comply with the law, pursue or defend against possible claims, but no longer than 6 years from the date of termination of the agreement on the provision of services by electronic means.

• The User has the right to access their personal data, rectify it, delete it, limit its processing, transfer it, object to the processing of data based on the legitimate interest of the administrator and withdraw consent at any time, provided that the withdrawal of this consent will not affect the compliance of the data processing carried out before such withdrawal.

• The User's personal data are not transferred to third countries or international organizations and are not used for automated decision-making, including profiling.

• In matters not regulated by these Regulations, the principles of processing personal data and protecting the privacy of Users are specified in the document "Privacy Policy" available in the Online Store.

§8

Complaints

• The Buyer is entitled to file a complaint if the Service is not provided or is provided contrary to the Regulations or the Agreement for the provision of services or digital content.

• In the event of non-compliance of the Product with the Agreement, the Buyer has rights arising from the provisions of law.

• Complaints should be sent to the e-mail address: outbag.store or to the Seller's correspondence address with the note "Complaint".

• The complaint should contain at least data allowing the identification of the Buyer, as well as a detailed description and reason for the complaint and a description of the Buyer's request related to the complaint being filed. If the information provided by the Buyer is insufficient to consider the complaint, the Seller will ask the Buyer to supplement the complaint or provide the necessary information. The time for considering the complaint by the Seller is counted from the day on which the Seller receives all the necessary information.

• The Seller shall consider the complaint within 14 calendar days from the date of receipt of a properly filed complaint. The Buyer shall be informed about the method of handling the complaint via an electronic message provided when placing the Order or via another communication channel indicated in the complaint application.

• Any notifications, comments and questions regarding the operation of the Website may be sent by the Buyer to the e-mail address outbag.store

• The price paid by the Buyer will be refunded in a manner analogous to the payment method chosen by the Buyer.

• A buyer who is a consumer may use out-of-court methods of settling complaints and pursuing claims, including:

• refer the case to the permanent consumer arbitration court operating at the trade inspection with a request to resolve the dispute,

• apply to the provincial inspector of the trade inspection to initiate mediation proceedings to amicably resolve the dispute,

• take advantage of free assistance in out-of-court methods of resolving disputes and pursuing claims from district (municipal) consumer ombudsmen and social organizations whose statutory tasks include consumer protection

• use the European ODR platform

• Detailed information, contact details and a list of consumer arbitration courts can be found on the website of the Office of Competition and Consumer Protection.

§9

Withdrawal from the Sales Agreement

• A Buyer who is a consumer who has concluded a distance contract may, within 14 days from the date of receipt of the Product, withdraw from the Sales Agreement without giving any reason by submitting to the Seller a declaration of withdrawal from the Agreement for the provision of digital content or services.

• Withdrawal from the Agreement may be made electronically by sending an e-mail message to the Seller's address indicated in the Order confirmation. If the Buyer has purchased more than one Product within one Order, the withdrawal may apply to all or only the Products selected by the Buyer, provided that if the Product is sold as a set, kit or package, withdrawal is possible in relation to this set, kit or package.

• Pursuant to art. 38 point 13 of the Act of 30 May 2014 on consumer rights, the Buyer is not entitled to a 14-day period to withdraw from the Agreement for the supply of digital content if the Buyer, by consciously making a purchase resulting in the conclusion of the Agreement for the supply of digital content, declared that he or she had consented to the supply of digital content that is not recorded on a tangible medium and requested the Seller to perform the service before the deadline for withdrawal from the agreement expired and acknowledged that in this way he or she would lose the right to withdraw from the agreement concluded at a distance, as referred to in §10 section 1 above.

§10

Adding opinions and comments and rating Products

• As part of the functionality of the Online Store, the Seller allows the User to add comments, including opinions about the Products.

• The website user publishes his/her comments and opinions solely at his/her own risk.

• The Seller ensures that the published opinions come from consumers who have used or purchased the Product.

• Content created by Users should be legible, may not be of an advertising nature and may not violate applicable legal provisions, principles of social coexistence, good customs (including good practices) and the rights of third parties, in particular they may not contain:

• vulgar or offensive statements, including those concerning other Users of the Online Store, statements violating the rules of good manners and netiquette,

• content promoting violence, drastic content or inciting to spread hatred, racism, xenophobia or conflicts between nations,

• content that violates personal rights (including image) or copyrights of third parties,

• content of a pornographic nature.

• It is prohibited to post in the Online Store links to websites containing the content referred to in §12 section 3 above.

• By posting data, comments or other content in the Online Store, the User consents to their use by the Seller for the purposes of running the Online Store and by other Users for their personal use for an indefinite period.

• The Seller reserves the right to remove or edit comments and opinions posted in the Online Store that violate the provisions of the Regulations.

• As part of the Online Store, the User is provided with a rating system, which serves to exchange subjective opinions on the execution of the Order. The rating is always assigned to a given Account and a specific Order.

• The content of ratings and responses is public information, available to all visitors to the Online Store.

• The Seller does not interfere with the content of ratings, but reserves the right to remove or block the possibility of their insertion in cases where:

• violate the provisions of the Regulations,

• were mistakenly issued for the wrong Product and their content clearly indicates an error,

• the content of the assessment contains characters that make it illegible.

§11

Termination of use of the Online Store

• The provision of services within the Online Store is indefinite, however the User may terminate the Agreement for the provision of services by electronic means under the terms and conditions specified in the Regulations at any time.

• The User may submit a declaration of termination of the Agreement by using the settings available in the profile, in writing or electronically by sending it to the Seller's address.

• The Seller may terminate the Agreement for the provision of services by electronic means immediately if:

• The User violates the provisions of the Regulations or separate regulations of other services related to the Online Store accepted by the User or

• The User has provided data or made statements that are false, outdated, incorrect or incomplete or has provided data of other people.

• In situations other than those indicated in §12 section 3 above, the Seller is entitled to terminate the Agreement with a notice period of 14 days.

• The consequence of terminating the Agreement is the deletion of the Account that was created at the time of its conclusion. Deleting the Account does not automatically delete all content that the User has posted in the Online Store, subject to its rights specified in §14 section 4 above, and does not delete the posted comments and opinions about the Products in such a case.

§12

Final provisions

• The Seller reserves the right to change the Regulations in the event of:

• the occurrence of important technical and organisational reasons, such as the emergence of new technologies and IT systems that affect the provision of the Service;

• changes to generally applicable legal provisions, provided that they have direct and mandatory application to the Services provided to Users;

• the need to adapt the Regulations to the positions of court judgments or administrative decisions, if the content of these positions of judgments and decisions indicates the obligation to change the Regulations.

• Changes to the Regulations will not:

• result in the User having to pay remuneration or additional amounts,

• violated the essence of the concluded contracts for the provision of Services,

• apply to Orders placed in the Online Store and Sales Agreements concluded with Customers.

• The Seller will notify the User about changes to the Regulations no later than 14 days before the proposed date of entry into force of the changes by sending a notification about the change to the Regulations to the e-mail address assigned to the User Account, together with the attached updated Regulations included in the content of the e-mail sent to the Participant, and by publishing an announcement together with the updated Regulations in the Online Store.

• The change to the Regulations shall enter into force on the date indicated in the notification and announcement, unless the User, within 14 days of delivery of the changed Regulations, submits a declaration via e-mail of their lack of consent to the changed content of the Regulations being binding on them, which declaration shall be tantamount to termination of the agreement for the provision of the electronic service in the scope of maintaining the Account.

• Changes to the Regulations will not violate the acquired rights of the Buyer, which in particular means that Orders placed by Buyers before the changes to the Regulations come into force are fulfilled in accordance with the previous provisions of the Regulations accepted by the Buyer each time before placing an Order.

• Users are prohibited from using graphic elements (including the Seller's logos), the layout and composition of the Seller's websites (so-called layout), graphic elements, as well as other intellectual property rights, without the express written consent of the Seller.

• The law applicable to Sales Agreements concluded between the Buyer and the Seller under the terms and conditions specified in the Regulations is Polish law.

• In all matters not regulated in these Regulations, the provisions of generally applicable Polish law shall apply, in particular the provisions of the Civil Code, the GDPR and the Act on the provision of services by electronic means.

• Any disputes arising from the application of these Regulations between a Buyer who is not a consumer and the Seller shall be resolved by a court of competent jurisdiction for the Seller.

Date of entry into force of the Regulations: