TERMS AND CONDITIONS OF THE ONLINE STORE AT RELAB.STORE
The online Store at Relab.store is committed to making customers feel comfortable and satisfied with their purchases. The Store operates under applicable laws and regulations, while respecting good business practices.
We are committed to meeting all your expectations and the Store has met the highest standards of service, safety and quality.
These Terms and Conditions are the regulations for the provision of electronic services and regulate the rules for entering into contracts in the Store and as such are also subject to other laws regulating these issues.
§ 1 Introductory provisions
1. The web Store RELAB, available at http://relab.store, is run by RELAB CORP Sp. z o.o., with its registered office in Rzeszów, ul. Hanasiewicza 19, post code 35-103 Rzeszow, Poland, entered in the National Court Register kept by the District Court in Rzeszów, XII Commercial Department of the National Court Register, under number: 0000909079, NIP: 8133862816, REGON: 389316865, – which is the Owner and Administrator of the personal information of Customers who are natural persons.
2. These Terms and Conditions are addressed to Customers, in particular Consumers, and define the rules and procedure for entering into Distance Selling Contracts via the Store.
3. The Seller is an entrepreneur within the meaning of the provisions of the Act of March 6, 2018. Entrepreneurs' Law. Thus, the provisions on consumer protection shall apply to the sale of Products to the Buyer who is a natural person who performs a legal transaction not directly related to his business or professional activity.
4. Both these Terms and Conditions and any content contained on the above-mentioned website, in particular logos, designs, including Product designs, and Store names, are subject to copyright and are protected by this law. You may not copy or use any content made available on the above website without the permission of the Owner.
5. The Store is active in the retail trade of clothing and accessories via the Internet.
6. The Customer can place Orders in the Store 24 hours a day, 7 days a week via the website in which the Store is run. Orders are fulfilled within the European Union.
7. The Seller shall not be liable to the fullest extent permitted by law for any disruption, including any breakdown in function, of the Store due to force majeure, unauthorised acts of third parties, or incompatibility of the online Store with Customer's technical infrastructure.
8. All Products offered in the Store are new Products free from defects.
9. When using the Store, the Customer must act in accordance with its intended purpose, in particular in a manner that does not infringe the law and the rights of any third party.
10. Product information does not constitute an offer within the meaning of the Civil Code – it is an invitation to enter into a sales contract.
§ 2 Definitions
1 Seller – RELAB CORP Sp. z o.o., with its registered office in Rzeszów, ul. Hanasiewicza 19, post code 35-103 Rzeszow, entered in the National Court Register kept by the District Court in Rzeszów, XII Commercial Department of the National Court Register, under number: 0000909079, NIP: 8133862816, REGON: 389316865.
2. Customer – a natural person who has full legal capacity, a legal person or an organisational entity that does not have legal personality, which the Act grants legal capacity, who enters into a distance contract with the Seller;
3. Store – an online Store run by the Seller at http://www.relab.store.
4. Distance Contract – a contract entered into with the Customer under a structured distance contract system (within the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the moment of entering into the contract.
5. Terms and Conditions – these Terms and Conditions of the Store.
6. Consumer – a natural person entering into a contract for a purpose which can be regarded as not directly connected with his business or profession;
7. Order – a declaration of the Customer's will made via the Order Form and aimed directly at the conclusion of a Sales Contract for a Product or Products with the Seller.
8. Account – the Customer's Account in the Store where the personal information provided by the Customer, and information about Orders placed by the Customer in the Store, are collected.
9. Registration form – a form available in the Store to create an Account.
10. Order Form – an interactive form available in the Store that allows the placement of orders, in particular by adding Products to the Basket and specifying the terms of a Sales Contract, including methods of delivery and payment.
11. Basket – a part of the Store software that displays the Products selected by the Customer for purchase, also allowing the setting up and modification of Order data, in particular the quantity of Products.
12. Product – a movable item available in the Store which is the subject of the Sales Contract between the Customer and the Seller.
13. Sales Contract – a contract of sale for a Product between the Customer and the Seller through the online Store. The Sales Contract shall also mean – according to the features of the Product – a contract for the provision of services and a contract for specific work.
14. Working days – all days from Monday to Friday inclusive, excluding public holidays in Poland.
§ 3 Contact with the Store
1. Seller’s address: ul. Hanasiewicza 19, 35-103, Rzeszów, Poland,
2. Shipping depot and return address: Hoffmanowej 19, 35-016 Rzeszów, Poland,
3. Seller’s email address: [email protected]
4. Seller's telephone number: + 48 882-613-387
5. Seller’s bank account number 22 1140 2004 0000 3102 8146 5400
6. The Customer may communicate with the Seller using the addresses provided in this paragraph.
§ 4 Rules for Ordering and shipping the Product
1. Viewing the Store’s product range does not require the creation of an Account. The Customer may place Orders for Products included in the Store’s product range by providing the necessary personal and address information to complete an Order.
2. The products available in the online store can be arranged based on the following criteria:
- ascending price,
- descending price,
- size,
- colour,
- collection,
- type.
3. To place an Order, add the Product to your Basket and click the "Order with obligation to pay" or similar button and fill in the form with the correct information.
4. The Order is completed when the Customer correctly completes the data, including shipping data (contact details, address, telephone number, e-mail address) or logs in to the Order Form.
5. Accuracy and care is recommended when completing the Order Form. If the form is incorrectly completed and contains incorrect, incomplete data, the Seller may not be able to properly fulfil the contract.
6. When an Order is placed, the Customer receives from the Store confirmation that the Order was received at their e-mail address.
7. The confirmation of acceptance of the Order sent to the Customer's e-mail address is considered to be the moment of entering into the contract.
8. The commencement of the Order shall begin from the date the funds for the Product purchased by the Customer are credited to the Seller's bank account.
9. Shipment in Poland and shipment abroad involve additional costs for the Customer. This cost depends on the country and is specified in the Order Form. The shipping cost is stated on the Order Form for each type of Product and may vary depending on the Product ordered, the quantity of Products or the country of delivery.
10. The Product shall be delivered by a courier company. Delivery will normally be approximately 14 working days from the time the Product is shipped and may be dependent on the action of the courier. Please refer to the Order Form for the planned delivery time.
11. When receiving a Product, it is recommended that the Customer check the Product to detect any defects and establish an appropriate damage protocol in the presence of the representative of the delivery company.
12. From the moment of receipt, the Consumer takes on the risk of damage or accidental loss of the Product. The risk is transferred to the Customer who is not a Consumer the moment the Product is handed over to the delivering entity.
13. Order fulfilment time: all Orders shall be sent in up to 14 working days.
14. The Seller reserves the right to process Orders more quickly, i.e. up to 2-3 days after the funds have been credited.
15. If the Customer selects a traditional transfer method, he shall be required to make the transfer within 2 working days of the Order date. In the event that Seller does not receive payment within 2 working days of the date the Customer placed the Order, the Seller shall have the right to cancel the Order due to the Customer's fault because of the lack of payment. Lack of payment within the above period is considered to be an implied withdrawal from the Contract by the Customer. The Customer shall be notified of the cancellation of the Order by e-mail to the address provided by Customer on the Order Form. In the event that the lack of payment resulted from a situation not attributable to the Customer, in particular a break in access to online banking, the Customer should inform the Seller about this fact by sending a message to his e-mail address or by replying to the message received from the Seller regarding the cancellation of the Order. Such situations shall be determined on an individual basis.
16. The Customer undertakes not to place false and dishonest orders, which, for the purposes of these Terms and Conditions, are orders that, in particular: contain false data, were submitted without the intention to perform the contract or paid for using a stolen payment card or by hacking into an online bank account of a third person.
17. In the event that the situation, or a suspicion that the situation, in the preceding point should arise, the Seller shall take appropriate steps to resolve the situation.
18. In the event that the Product is not collected in due time, i.e. before it is sent back to the Seller, the Seller has the right to charge the Customer with costs within the scope of the damage he suffered in connection with the Customer's failure to collect the Product and its return, in particular shipping costs.
19. The Seller has the right to cancel the Order when it is not received by the Customer in due time.
20. If the Customer is a natural person entering into a contract directly related to his business activity, the Seller shall verify whether the concluded contract of sale is of a professional nature, by checking the subject of the business activity (PCA codes), made available on the basis of the provisions on the Central Register and Information on Economic Activity.
§ 5 Price and methods of delivery and payment offered
1. The prices quoted in the Store are given in Polish zloty and are gross prices (including VAT).
2. In each case of a reduction in the price of goods, the Seller shall provide the Customer with the opportunity to compare it with the price in force before the reduction by placing next to the price the current information about the lowest price that was in force for the period of 30 days preceding the price reduction. If a given product has been offered in the store for less than 30 days before the price reduction, the information referred to in the previous sentence covers the entire period of offering the given product in the store.
3. The eventual (final) amount to be paid by the Customer shall consist of the price for the Product and the cost of delivery, about which the Customer is informed on the Store's website when placing the Order, including at the time of expressing the will to be bound by the Sales Contract.
4. If the Customer is informed of the price by email, the contract shall be bound upon acceptance of the price by the Customer, and acceptance of the price should be expressed in a return email to the Seller.
5. The Customer may use the following delivery options:
a) Courier delivery (via the logistics operators DHL Polska, Inpost, Poczta Polska and GLS i.e. General Logistics Systems Poland Sp. z o.o.) – indicative fulfilment time up to 14 working days in Poland, from the time the Product was delivered to the courier i.e. from the date of shipment. In the case of delivery of shipments abroad (to the rest of the European Union), the delivery time is between 2 and 14 working days depending on the country of delivery.
6. The entity providing online payment services and online payment security is:
- Payu.pl – belonging to PayU S.A., based in Poznań, ul. Grunwaldzka 186, 60-166 Poznań, entered in the Register of companies kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, under number 0000274399, with share capital of PLN 4,000,000 fully paid up, with NIP: 779-23-08-495. Possible forms of payment:
- PayPo Sp. z o.o. ul. Domaniewska 39 02-672 Warszawa NIP: 5213705997,
- Stripe Payments Europe, Ltd, C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin, Dublin 1, Republic of Ireland, a company offering an incoming payment service provider.
- PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulavard Royal L-2449 Luksemburg
§ 6 Right of withdrawal
1. A Consumer and a natural person entering into a contract directly connected with his business, where it appears from the content of the contract that it is not of a professional nature, may withdraw from the sales contract within 14 days.
2. The period referred to in para. 1 shall begin to run from the date of delivery of the Product to the Customer referred to in para. 1 above or to a person other than the carrier designated by him.
3. The Customer referred to in para. 1 above may terminate this Contract by making a notice to the Seller that he withdraws from the Contract. In order to meet the deadline for withdrawing from the Contract, it is sufficient for this Customer to send a declaration before this deadline – the declaration can be found at the end of these Terms and Conditions or downloaded in the FAQs.
4. The declaration may be sent either by mail or by electronic means by sending a declaration to the Seller's email address or by making a declaration on the Seller's website, the Seller's contact details are set out in §3. The declaration may also be made on a form, a template of which is attached as Appendix 2 to these Terms and Conditions and an Appendix to the Consumer Rights Act of 30 May 2014; however, this is not mandatory.
5. The Seller shall refund the payment using the same payment methods as the Customer indicated in para. 1 above used in the original transaction unless the Customer expressly agrees to another solution that will not involve any cost to the Seller. Where a refund is required for a transaction made by a customer with a payment card, the Seller shall make the refund to the bank account assigned to the payment card of the Ordering entity.
6. Payment shall be refunded within 14 days of receipt of the Customer's withdrawal declaration. The Seller may withhold reimbursement until the returned Product is received or until proof of return is provided, whichever occurs first.
7. If a Consumer or a natural person entering into contract directly related to his business activity, when the content of the contract indicates that it does not have a professional character for him/her exercising the right to withdraw from the contract and the Seller has not offered to collect the goods himself/herself, the Seller may withhold the reimbursement of payments received from the consumer until he/she receives or provides evidence of its return, whichever is sooner.
8. A consumer or a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it is not of a professional nature for him/her to exercise the right of withdrawal, should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which they informed the Seller about their withdrawal from the Contract. The deadline shall be met if the Customer sends back the Product before the expiry of the 14-day period.
9. If the contract was concluded off-premises and the goods were delivered to a consumer or a natural person who concludes a contract directly related to his business activity, when the content of the contract shows that it does not have a professional character for him to the place where he resides at the time of conclusion of the contract, the seller is obliged to collect the goods at his own expense if, due to the nature of the goods, they cannot be returned in the usual manner by post.
10. By exercising the right of withdrawal, the Customer shall, at his own expense and risk, return the Product to the Seller. If the Customer chose a method of delivery other than the cheapest available from the Seller, the Seller shall not be required to return the difference in shipping cost to the Customer.
11. The Consumer and a natural person entering into a contract directly related to his business activity, when the content of the contract shows that it is not of a professional nature, is responsible only for the reduction in the value of the Product resulting from using it in a different way than was necessary to establish its nature, features and functioning of the Product.
12. The goods should be sent to the address for returns, i.e. Hoffmanowej 19, 35-016 Rzeszów, Poland.
§ 7 Complaint – warranty liability
1. The Sales Contract covers new Products.
2. The Seller is liable to the Customer when the Product has physical or legal defects.
3. A product is in conformity with the contract if:
a. it remains in conformity with the contract, in particular its description, type, quantity, quality, completeness and functionality, its suitability for the specific purpose for which it is needed by the consumer or the natural person concluding the contract directly related to his/her economic activity, when it follows from the content of the contract that it does not have a professional character for him/her, if the Seller was informed about this specific purpose at the time of concluding the contract and which the Seller accepted
b. the product is fit for the purposes for which a product of this type is normally used, taking into account the applicable law, technical standards or good practice,
c. the product is in such quantity and has such characteristics, including durability and safety, as are typical of products of that type and which the consumer can reasonably expect, given the nature of the product and the public assurances made by the trader, his predecessors in law or persons acting on their behalf, in particular in advertising or on labelling, unless the trader can show that:
- he was not aware of the public assurance in question and, taking a reasonable assessment, could not have been aware of it,
- before the conclusion of the contract the public assurance was rectified in the terms and form in which the public assurance was given or in a comparable manner,
- the consumer's decision to conclude the contract was not affected by the public assurance;
d. the product was supplied with packaging, accessories and instructions which the consumer could reasonably expect to be supplied,
e. the product is of the same quality as the sample or model which the trader made available to the consumer before the conclusion of the contract and corresponds to the description of such sample or model.
The Seller shall not be liable for the lack of conformity of the product with the contract to the extent referred to in § 7 point 3 letter a-e of the Terms and Conditions of the shop, if the Customer, at the latest at the time of the conclusion of the contract, has been expressly informed that a specific characteristic of the product deviates from the requirements for conformity with the contract as set out in § 7 point 3 letter a-e of the Terms and Conditions and has expressly and separately accepted the lack of a specific characteristic of the product.
4. In particular, a slight difference in colour or shade of the Product delivered and shown on the Seller's website is not considered a defect. The differences may be due to different hardware parameters of the device on which the Products are viewed including different colour intensity settings on computer monitors.
5. The Seller shall be liable if the defect is found within 2 years of the date of delivery of the Product to the Consumer or to the natural person entering into the contract directly connected with his business, where it appears from the content of the contract that it is not of a professional nature for him.
6. In relation to Customers who are not Consumers and natural persons entering into a contract directly related to their business, when the content of the contract shows that it is of a professional nature for him, the parties shall exclude the obligations arising from the warranties on the part of the Seller.
7. A claim for a defect to be corrected or a replacement for a new Product shall expire one year after the defect has been found.
8. Complaints should be submitted in writing or electronically to the Seller's addresses provided in these Terms and Conditions. Complaints can be submitted on the form, a template of which is attached as Appendix 1 to these Terms and Conditions.
9. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including date) of its occurrence, the details of the Customer making the complaint, and the Customer's request regarding the defect in the Product.
10. In connection with the exercise of the warranty by the Consumer or a natural person who concludes a contract directly related to his/her business activity, when it is clear from the content of the contract that it is not of a professional nature for him/her under the warranty for defects he/she has the right to demand:
(a) repair of the product,
b) have the product replaced.
11. If the Customer makes the statement referred to in § 7 para. 10 a the Seller may replace the Product, and in the case of submission by the Customer of the declaration referred to in § 7 pt. 10 b, the Seller may repair it - if bringing the Product into conformity with the agreement in a way chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the trader, he may refuse to bring the Product into conformity with the contract.
12. The Seller shall repair or replace the Product within a reasonable time from the moment the Seller is informed of the Product's non-conformity with the contract. The cost of repair or replacement, as well as the cost of postage, freight, labour and materials, shall be borne by the Seller.
13. A consumer and a natural person concluding a contract directly related to his/her business activity, when the content of the contract indicates that it is not of a professional nature for him/her, may make a declaration of price reduction or withdrawal from the contract if:
a. The Seller has refused to repair or replace the Product,
b. The Product has already been repaired or replaced by the Seller with a defect-free Product and the Seller has still not fulfilled the obligation to provide a defect-free Product,
c. It is clear from the Seller's statement that it will not bring the Product into conformity with the contract within a reasonable time or without undue inconvenience for the Seller
14. The reduced price must remain in such proportion to the contract price as the value of the non-conforming Product remains to the value of the conforming Product.
15. The Seller shall return the amounts due to the Customer as a result of the effective exercise of the right to reduce the price within 14 days of receipt of the declaration on price reduction.
16. The Customer may not withdraw from the contract if the defects of the Product are insignificant.
17. If the lack of conformity concerns only some of the Products delivered under the contract, the Customer may withdraw from the contract only with respect to those Products and also with respect to other Products purchased together with the non-conforming Products, if the Customer cannot reasonably be expected to agree to keep only the non-conforming Products.
18. In the event of withdrawal from the contract, the Customer shall immediately return the Product to the Seller at the Seller's expense.
19. The Seller shall, within 14 days of receipt of the Product, refund the price to the Customer to the bank account indicated in the complaint.
20. The Seller shall respond to a claim in respect of the warranty from the consumer or from a natural person entering into a contract directly connected with his business, where it appears from the contract that it is not of a professional nature for him, without delay, not later than 14 days, and if he does not do so within that period, the Customer's request is considered justified.
21. The buyer who exercises the warranty authority shall, at the Seller's expense, deliver the defective Product to the location indicated in the contract.
22. The Products to be returned under the complaint procedure must be sent to the address given in § 3 of these Terms and Conditions.
§ 8 Opinions
1. Opinions about goods may only be posted by a person who has used or purchased a given product.
2. It is forbidden to publish, on one's own behalf or at the request of another entity, opinions that are unreliable and inconsistent with reality. In particular, it is not allowed to post an opinion about a product that has not been used or purchased by the person publishing the opinion. This applies to both positive and negative opinions about a product.
3. The Seller shall ensure that the published opinions on the products offered by the store come from people who have used a given product or purchased a given product, through people who have made a purchase using the order number and verification before publishing the opinion, and whether the Customer who issued the opinion actually purchased the product from the Seller.
4. The Seller does not influence published opinions in a way that aims to hide and remove unfavourable opinions. At the same time, the Seller reserves the right to hide and delete reviews published by an entity that does not use the product under review or an entity that has not purchased the product under review.
§ 9 Personal information in the online Store
1. The Seller is the administrator of the personal information collected through the online Store.
2. The personal information collected by the administrator through the online Store is collected for the purpose of completing a Sales Contract or running an Account and, if the Customer agrees, for marketing purposes.
3. Recipients of personal information from the online Store may be: IT service and network maintenance providers, carriers.
4. In the case of a Customer who uses the delivery method in the online Store by post or courier, the Administrator shall share the collected personal information with the selected carrier or delivery agent carrying out deliveries for the Administrator.
5. In the case of a Customer who uses the electronic payment method or payment card in the online Store, the Administrator shall make available the collected personal information of the Customer to the selected entity handling the above payments in the online Store i.e. PayU S.A. Stripe Ltd., PayPal, PayPo and the logistics operators DHL Polska, InPost, Poczta Polska or General Logistics Systems Poland Sp. z o.o. (GLS) for carrying out deliveries.
6. The Customer has the right to access and correct the content of their data, deletion, limitation of processing, the right to transfer data, the right to object and submit a complaint to the President of the Office for Personal Data Protection.
7. The provision of personal information is voluntary, although failure to provide the personal information required to enter into the Sales Contract as specified in the Terms and Conditions shall result in the inability to enter into such a contract.
8. In the case of subscription to a newsletter and agreement to receive it in the registration or Order process (giving consent to receive commercial information via email), it is only necessary to provide the email address to which commercial information from the administrator shall be sent. The User may unsubscribe at any time by clicking the unsubscribe link in the footer of each newsletter or sending an e-mail to: [email protected]. More information about the processing of personal data by the Data Administrator can be found in the Relab Privacy and Cookie Policy.
§ 10 Electronic service contract
1. The Seller provides electronic services through the Store to allow an Order to be placed through the Order Form.
2. The provision of the electronic service is free of charge.
3. An electronic service contract shall be entered into for a fixed period of time and shall be terminated when an Order is placed or cancelled.
4. Technical requirements for working with the IT system: computer with Internet access, email access, web browser: Internet Explorer 7.0 or later with JavaScript and cookies enabled, Mozilla Firefox 4.0 or later with JavaScript and cookies enabled, or Google Chrome 8 or later. Recommended monitor resolution 1024×768 pixels.
5. It is prohibited to use electronic services that unduly interfere with the operation of the Store by using specific software or devices or by making false orders within the meaning of these Terms and Conditions.
6. The Customer may submit a complaint related to the provision of the electronic service through the online Store by e-mail or in writing to the Seller's address.
7. The Seller shall promptly consider the complaint, no later than 30 days after receipt of the complaint.
8. The Seller shall respond to the complaint to the e-mail address provided by the recipient or otherwise agreed by the parties and, if possible, propose a solution to the problem.
§ 11 Final provisions
1. Contracts entered into through the Store are prepared in Polish or English (depending on the buyer's location).
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, including but not limited to: changes in laws, changes in payment and delivery methods, to the extent that such changes affect the performance of these Terms and Conditions. The Seller shall inform the Customer of any change at least 7 days in advance.
3. In cases not covered by these Terms and Conditions, generally applicable Polish law shall apply, in particular: The Civil Code; the Electronic Service Act; the Consumer Rights Act, the Personal Data Protection Act, the Copyright and related Rights Act and the provisions of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), The Consumer also has rights and claims against the Seller under the law of the Consumer's country of origin.
4. A Consumer from outside Poland benefits from the protection provided for by the law of his country of origin and is protected by these provisions irrespective of the choice of applicable law.
5. The Customer has the right to use out-of-court complaint and redress procedures. To this end, he may lodge a complaint through the European Union’s ODR platform at: http://ec.europa.eu/consumers/odr/
6. The Appendices form an integral part of the Terms and Conditions.
Appendix No 1. Complaint form. (To be completed when making a complaint under the warranty).