Legal notice

1. These Terms and Conditions set out the rules for using the Wagabund.pl online store.

2. Definitions: Terms and Conditions – these terms and conditions of the online store.
    Seller – PracowniaMediowa, entered on December 8, 2004 by the Mayor of Warsaw into the business register under number 200508. REGON: 010710640, NIP: 1130017749. The company is registered at the following address: ul. Osowska 86, 04-351 Warsaw. Correspondence and return address: Pracownia WAGABUND ul. Świeradowska 47, 02-662 Warsaw. 
    Online store – an online sales service operated by the Seller, available to Customers, through which the Customer can obtain information about the Goods and purchase them through the Seller's Account and receive the Newsletter. The online store is available at the following website: https://wagabund.pl
    Customer – a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity (civil law partnership, partnership) using the Online Store.
    Consumer – a natural person making a purchase in the Online Store or using its services in a manner not directly related to their business or professional activity.
    Account – an electronic collection of information containing Customer data used to process orders, the history of orders placed and sales contracts concluded, the progress of orders placed, made available to the Customer on the basis of a contract for the provision of electronic services.
    Newsletter – a service provided by the Seller to the Customer consisting in sending, by means of electronic communication, commercial information about the Goods offered by the Seller and about promotions, competitions, and other marketing campaigns organized by the Seller.
    Goods – movable items including footwear and other assortment made available by the Seller in the Online Store.
    Working day - a working day is any day from Monday to Friday, excluding public holidays specified in the Act of January 18, 1951 on public holidays (Journal of Laws 1951 No. 4 item 28, as amended).
    3. All Goods available in the Online Store are new and free from physical and legal defects.
4. Contracts in the Online Store are concluded in Polish.
5. Orders will only be delivered to addresses located in Poland.
    6. In order to use the Online Store's IT system, the Customer must have a device connected to the Internet with any web browser supporting the UFT-8 code page (and possibly style sheets, so that the Online Store portal will look clear); no additional extensions or plug-ins are required. In order to use the Online Store, the Customer is required to have an active e-mail account (e-mail box).
    7. As part of the Online Store, the Seller provides the Customer with electronic services within the meaning of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422) in the scope of sending the Newsletter and maintaining the Account.

 II. Conditions for placing an order, conclusion of the contract and its execution.

    (1) In order to place an order, it is necessary for the Customer to have an Account in the Online Store. In order to create an Account, it is necessary to fill in an electronic registration form, providing the following data: first name, last name, gender, address (street, house number, postal code, city), electronic mail address (e-mail), telephone number, optional date of birth. In the case of entrepreneurs, the scope of data is extended by the entrepreneur's company and its Tax Identification Number. During the registration process, the Customer independently determines and enters a password, which allows access to the Account. The e-mail address provided by the Customer when creating an Account constitutes the login.
    (2) After creating an Account, the Customer will receive a notification from the Seller to the e-mail address about the registration of his Account and the possibility of placing orders in the Online Store. The Customer, after logging into the Account, may change the data provided.
    (3) The Customer may place orders in the online store only through the website (https://wagabund.pl).
    (4) In order to place an order, the Customer is required to:
    a) select the ordered Goods by placing them in the Shopping Cart;
    b) choose the method of delivery according to the options provided by the Seller;
    c) indicate the delivery address, if it is different from the one provided by the Customer in the Account registration form;
    d) selection of the payment method according to the options made available by the Seller.
    (5) All prices of Goods given in the Online Store are expressed in PLN and are gross prices.
    (6) Binding on the parties to the transaction is the price shown next to the Goods at the time of placing an order by the Client.
    (7) In the case of selection of cash on delivery payment, the amount for which the Customer orders may not exceed PLN 1,500 (one thousand five hundred). If the sum of unpaid obligations to the Seller reaches PLN 1,500, the Customer may not make further orders until the amount of unpaid obligations exceeds the amount of PLN 1,500.
    (8) Orders can be placed at the Online Store 24 hours a day, on all days of the year.
    (9) Before placing an order, the Customer confirms that he/she has read the Regulations and accepts the provisions contained therein.
    (10) An order in the Online Store is placed when the Customer clicks the “order” icon and at the same time constitutes an offer to purchase the Goods covered by the contents of the order.
    (11) After placing an order, the Customer receives a notification from the Seller to the e-mail address containing information on the content of the order placed. This notification constitutes confirmation of receipt by the Seller of the Client's offer to purchase the Goods on the terms and conditions specified in the order.
    (12) The Customer may make changes to the placed order by cancelling part or all of it in the “My Account” tab until the end of the day on which it was placed
    13.In exceptional situations when the Seller is not able to fulfill the entire order, he will immediately inform the Customer, who has the right to make a choice and agree to the partial fulfillment of the order or cancel the entire order.
    (14) The contract of sale is concluded at the moment when the Customer receives a notification from the Seller at his e-mail address confirming the fulfillment of the order.
    15.The online store reserves the right to verify the Customer's data by contacting him by phone or e-mail. The online store reserves the right to refuse to conclude a contract of sale if it is not possible to contact the Customer or if the data provided by the Customer turns out to be false or outdated. Failure to make contact with the Customer is understood as failure by the Customer to respond within 7 days from the date of sending an e-mail to the Customer's e-mail address.
    17 The Seller shall make every effort to complete the Customer's order within 2-14 business days counting from the date of order placement. However, the maximum order completion date should not exceed 20 working days. The order completion date is specified in the description of each product
    18. confirmation of purchase for Customers who are not Consumers is the Proof of Purchase.

    III. Method and term of payment.

    (1) The Customer may pay for the Goods purchased from the Online Store only in the following ways:
    (a) by bank transfer
    b) by credit card of operators: Visa and Mastercard
    c) PayPal.
    (2) The Customer may not combine different payment methods when paying for the purchased Goods covered by a single order.
    (3) Payment for the Goods purchased in the Online Store made via electronic payment service or credit card shall be made at the time of placing the order.
  
    IV. Method of delivery of the Goods/Place of performance.        

    (1) The ordered Goods are delivered to the Customer via the Polish Post or a courier service.
    (2) Before taking delivery from the courier, the Customer should check whether the packaging in which the purchased Goods were delivered has not been damaged in transit. If the package bears the signs of damage, do not accept the shipment and in the presence of the courier draw up a damage protocol and contact the Hotline as soon as possible to clarify the matter.
    (3) The place of performance under the contract of sale concluded by the Customer with the Seller is the place to which the Seller, in accordance with the content of the order placed by the Customer, is obliged to deliver the purchased Goods.

    V. Liability for the Goods. Complaint procedure.

    (1) The Seller shall be responsible for the delivery of Goods in good condition, undamaged, without defects. The danger of accidental loss or damage to the purchased Goods shall pass to the Customer at the time of delivery to the Customer.
    (2) The Seller shall be liable to the Customer under warranty for physical and legal defects under the terms of Article 556-576 of the Act of April 23, 1964 of the Civil Code (Journal of Laws of 2014, item 121, as amended).
    (3) The Seller shall provide a warranty to the Customer for the Goods purchased by the Customer from the Online Store for a period of 3 months.
    (4) Unless the Customer indicates otherwise, the Seller assumes the presumption that he is a Consumer and will consider his complaint according to the rules applicable to Consumers.
    (5) In the event of a defect in the Goods, the Customer may file a complaint by sending the purchased product to the address for returns: Pracownia WAGABUND ul, Świeradowska 47, 02-662 Warsaw.
    (6) The Client, sending the Goods under complaint to the Seller, shall be obliged to attach a letter, containing at least the following data: details of the complainant - name and surname, address of residence or e-mail address, date of purchase of the Goods, described defect, request to bring the goods into conformity with the contract by its repair or replacement with a new one, or a statement on reduction of the price or withdrawal from the contract, and indicate how to be notified about the manner of processing the complaint.
    (7) The Customer shall be notified of the Seller's decision on the consideration of the complaint within 14 days from the date of its submission in the manner indicated by the Customer when submitting the complaint.
    (8) When filing a complaint, the Customer may use the Seller's complaint form. The Customer's use of the complaint form developed by the Seller is not obligatory. The Customer may download the complaint form on the page with the store regulations.

    VI. Right of withdrawal from the contract of sale

    (1) Pursuant to Article 27 of the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014 item 827), the Consumer has the right to withdraw from the contract of sale concluded remotely without giving any reason.
    (2) The declaration of withdrawal from the contract of sale should be submitted to the Seller within 14 days from the date on which the Consumer came into possession of the Goods or on which a third party, other than the carrier, indicated by the Consumer came into possession of the Goods. The deadline for submission of the statement is met if it was sent to the Seller before the expiration of the indicated period.
    (3) The Consumer's statement may be formulated in any way, but from its content should indicate the will to unambiguously withdraw from the sales contract. The statement should indicate the name and surname of the Consumer, the contract/order number, indication of the Goods from the purchase of which the Consumer withdraws. If the statement of withdrawal is made in writing, also the signature of the person making the statement.
    (4) The Consumer to make a statement of withdrawal from the contract may use the statement, located on the page with the rules of the store
    5. statement of withdrawal from the contract may also be sent to the Seller by mail, fax, e-mail to Wagabund ul. Świeradowska 47, 02-662 Warsaw, e-mail: sklep@wagabund.com.pl
    (6) If the Consumer withdraws from the contract, it is considered not concluded. In such a situation, the Consumer is obliged to return the purchased Goods to the Seller immediately, no later than within 14 days from the date of withdrawal from the contract by sending it back to the address: Pracownia Wagabund, Świeradowska 47, 02-662 Warsaw. To meet the indicated deadline it is sufficient to send back the purchased Goods before its expiration. The Consumer shall bear the direct costs of returning the Goods. Shipments with the return of the Goods sent COD or at the expense of the recipient will not be accepted by the Seller.
        (7) The Seller is obliged to return to the Consumer who has withdrawn from the contract all payments made by him related to the purchase of the Goods immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, provided that the Consumer has received back the purchased Goods or has received proof of confirmation of return of the Goods, whichever event occurs first. Reimbursement of payments will be made by the Seller using the same means of payment that were used by the Consumer in the original transaction, unless the Consumer gives express consent to a different method of payment, which, however, will not incur additional charges for him.
    (8) The Consumer who has withdrawn from the contract under the procedure specified in this paragraph shall be responsible for the diminution in value of the goods resulting from the use of the goods beyond what is necessary to ascertain the nature of their characteristics and functioning.
    (9) A consumer may withdraw from a contract of sale after the statutory period of 14 days, but not more than 30 days, and claim a refund, but not before the store has sold the returned item to another customer (provided, however, that the returned goods are free of any defects). In this case, the store shall remit the amount due to the customer within 24 hours of the re-sale.

    VII. Provision of electronic services by the Seller through the Online Store.

    (1) The Seller undertakes to take the necessary measures to ensure the full functionality of the Online Store.
    (2) Conclusion of a contract for the provision of electronic services by the Seller as part of the Online Store in terms of:
    (a) sending the Newsletter - in the case of Customers who have or set up an Account, additional registration in the form “Order Newsletter” is required. Customers who do not have an Account may register by completing the form “Newsletter” on the subpage “Newsletter” data providing the following data: name, gender, e-mail address. Providing data marked with an asterisk is mandatory. The Customer may resign from such service at any time by terminating the agreement with immediate effect by checking the box “I resign from the Newsletter” on the subpage “My Account” or in any Newsletter sent by the Seller;
    b) maintaining an Account - requires the establishment of an Account under the terms and conditions specified in item. II.1 of the Terms and Conditions. The Customer may resign from the service of maintaining an Account by terminating the agreement with immediate effect, consisting of checking the “Delete” box in the “My Account” subpage. In this case, the Seller will cease to provide the service of maintaining the Account, which will become inactive. The customer will lose access to the data contained in the Account.
    (3) The Customer has the right to file a complaint regarding the operation of the Online Store and the electronic services provided by the Seller. A complaint may be reported to the Seller by the Customer by sending it by mail to the address: Pracownia WAGABUND, Świeradowska 47, 02-662 Warsaw or by e-mail to: e-mail: sklep@wagabund.com.pl. The complaint will be recognized within 14 days from the date of its submission. The Client will be notified of the result of the complaint consideration in the form in which the complaint was submitted, unless the Client requests to be notified in writing about the method of complaint consideration and indicates the address to which the notification is to be sent. The complaint procedure described in this section does not apply to warranty claims for defects in Goods purchased by the Customer through the Online Store.
    (4) The Consumer has the right to withdraw from the contract for the provision of services by electronic means (maintaining an Account or sending a Newsletter) within 14 days from the date of conclusion of the contract without giving any reason. The declaration of withdrawal from the contract may be sent to the Seller by mail, e-mail to Pracownia WAGABUND, Świeradowska 47, 02-662 Warsaw or by e-mail to: e-mail: sklep@wagabund.com.pl. Notwithstanding the right of withdrawal from the contract for the provision of services by electronic means, he/she has the right to terminate the contract at any time without notice under the terms of pt. VII.2 of the Regulations.
    (5) At the request of the Customer, the Seller undertakes to make available up-to-date information on the specific risks associated with the use of the service provided electronically through the Online Store.

    VIII. Copyright and related rights

    (1) The web site of the Online Store is protected by copyright.
    (2) The Seller shall be the owner or licensee of the materials on the Online Store website, unless expressly stated otherwise.
    3. the Seller authorizes the Customer to use on the basis of a non-exclusive, royalty-free and non-transferable license to use the copyright to the materials contained on the website of the Online Store only for the purpose of learning about the presentation of the Goods sold by the Seller and for the purpose of concluding a contract of sale and services provided electronically in terms of sending the Newsletter and maintaining the Account.
    (4) The customer may not use the materials contained on the website of the Online Store for commercial purposes without the consent of the Seller or licensor.
    (5) Wagabund's logos and names and trademarks on the Online Store website are legally protected.
    6. the Seller warns that infringement of copyright and other rights will be prosecuted civilly or criminally.

    IX. Final Provisions

    (1) The Regulations are available on the website of the Online Store.
    (2) The Regulations are part of the sales contract concluded by the Seller and the Customer. The content of the Terms and Conditions is binding on the parties according to the wording at the time of placing an order by the Customer.
    (3) During the placement, execution and settlement of the order, the Customer may not provide content of an unlawful nature.
    (4) The law applicable to sales contracts concluded between the Customer and the Seller under the terms of the Terms and Conditions shall be Polish law.
    (5) Any disputes arising in connection with the implementation of sales contracts between the Seller and the Customer will be resolved in the first instance by negotiation, with the intention of concluding the dispute amicably. If it is not possible to conclude an amicable settlement of the dispute, each of the parties will be entitled to refer the matter to a common court of competent jurisdiction.
    8 The Regulations are effective as of December 25, 2014.