Terms and conditions of the online store www.uptou.pl

I. DEFINITIONS

1. The terms used in these Terms and Conditions shall mean
A) UpToU INTERNET SHOP – online shop available at www.uptou.pl run by the Civil Partnership Company UpToU Borowscy S.C. with its registered office in Opypy 05-825, ul. Piwoniowa 11 registered in CEIDG, REGON number 368592739, NIP 529-181-92-49, [hereinafter: “UpToU”].
B) SELLER – UpToU
C) BUYER or CLIENT – a consumer, physical person, legal entity making a purchase in the UpToU Internet Shop
D) CONSUMER – a physical person within the meaning of Article 22[1] of the Civil Code concluding a Sales Contract as not related to its business or professional activity
E) CUSTOMS CODE – Law of 23 April 1964 (Journal of Laws No. 16, item 93, as amended)
F) TERMS & CONDITIONS – these regulations concerning the purchase of sports clothes in the UpToU Internet Shop
G) INDIVIDUAL BUYER’S ACCOUNT – marked with an individual name (login) and password provided by the Buyer with a collection of resources in the UpToU ICT system, where data provided by the Buyer are collected, including information on orders placed by the Buyer (electronic service). The password defined by the Buyer for the sake of data security should reach the status of “OK” or “strong”.
H) REGISTRATION FORM – a form available in the UpToU Internet Shop enabling the creation of an Account.
I) ORDER FORM – an interactive form available in the Online Shop enabling placing an Order, in particular by adding Products to an electronic basket and specifying the terms of a Sales Agreement, including the method of delivery and payment (electronic service)
J) PRODUCT – sports clothes to be purchased in the Internet Shop UpToU
K) READY PRODUCT – ready-to-buy sports clothes designed and sewn by UpToU, not subject to modifications by the Buyer
L) PRODUCT CARD – a page dedicated to an individual product, containing a description of its features, available sizes, washing recommendations, size chart.
M) ORDER – a declaration of will of the Buyer aiming directly at concluding a Sales Agreement, specifying in particular the type and number of Ready Products.
N) SELLING CONTRACT – a sales agreement within the meaning of the Civil Code, concluded between the UpToU and the Buyer, concluded with the use of the Buyer’s Individual Account.
O) ACT ON CONSUMER RIGHTS – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
P) ACT ON THE CERTIFICATE OF ELECTRONIC SERVICES – Act of 18 July 2002 on electronic services (Journal of Laws No. 144, item 1204, as amended).

II. GENERAL PROVISIONS

1. These Terms and Conditions define the rules of using the UpToU online store at www.uptou.pl and the general rules of conduct for the purchase of products.
2. These Terms and Conditions are the regulations referred to in Article 8 of the Act on electronic services.
3. These Terms and Conditions specify in particular:
A) Rules for Purchase of Products by Buyers
B) Rules of concluding Sales Agreements with the use of services provided by the Internet Shop UpToU
4. The use of the UpToU Internet shop is possible provided that the following minimum technical requirements are met by the ICT system used by the Buyer:
A) Internet Explorer in MSIE 10 version
B) Firefox version 7.x or later
C) Chrome 15.x
D) Minimum screen resolution 640 x 960 pixels
E) JavaScript enabled in the browser
F) Cookies enabled
5. Buyers may access these Terms and Conditions at any time by means of a link placed on all store websites in the footer and on the Order Form page.

III. ELECTRONIC SERVICES

1. The following Electronic Services are available in the UpToU Internet shop: Registration Form, Individual Customer Account, Order Form, Contact Form, Newsletter Subscription Form:
A) REGISTRATION FORM – the use of the Registration Form starts by clicking the user icon in the upper right corner of the page, or by ticking the “Register” box on the Order Form page. In the Registration Form it is necessary for the Customer to provide the following data: name, surname, e-mail address and password to the Customer’s Individual Account.
B) INDIVIDUAL CUSTOMER’S ACCOUNT – use of the Customer’s Individual Account is possible after completing the Registration Form and clicking the “Register” field. The Customer’s Individual Account Electronic Service is provided free of charge for an indefinite period of time and may be terminated at any time and without giving any reason by deleting the Customer’s Individual Account by sending an appropriate request to UpToU via e-mail to biuro@uptou.pl. The exception is the situation when the Customer’s Individual Account contains an active process of Product Ordering (Order in progress). In this case, the Individual Customer Account may be deleted after the completion of the Product Order.
C) ORDER FORM – the use of the Order Form begins when the Customer adds the first Product to the electronic basket in the UpToU Internet Shop and selects the “Go to checkout” option. The Electronic Order Form service is provided free of charge and is not a continuous service, it is a one-time service and is terminated when the Order is placed or when the Order is no longer placed using the Order Form.
D) CONTACT FORM – an electronic form available at https://uptou.pl/en/contact/. Fields marked with an asterisk are obligatory, other fields are optional. In order to send a message to UpToU, check the “I am not a robot” box and click the “Send” button.
E) NEWSLETTER REGISTER FORM – a form available in the “pop-up” window or after clicking on the link in the header and footer of the page, which enables adding the Customer’s e-mail address to the UpToU mailing list. The Customer gives the e-mail address, then clicks the “Save” button.
F) Technical requirements for the use of Electronic Services are described in item F). II section 4.

IV. ORDERING A PRODUCT

1. In order to purchase a Product, you must place an Order. Placing an Order takes place via the Electronic Service Order Form. Orders may be placed only by the Buyer who has an Individual Customer Account. It is also possible to open an Individual Customer Account from the Order Form level. An order shall become binding on the Buyer upon its confirmation by using the “Buy & Pay” button. Until then, it is possible to modify the products by oneself (for this purpose, use the displayed messages and information available on the website of the UpToU Internet Shop). In the Order Form it is necessary for the Buyer to provide the following data concerning the Buyer: name and surname, billing address and optionally delivery address if this differs from the billing address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and indication of data concerning the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), method of payment.

V. PURCHASE PROCESS OF THE PRODUCT

1. The purchase of a READY PRODUCT takes place in the following manner:
A) From the main page, from the Store’s website or from the search engine’s website the Buyer can enter a selected category of clothes in the main menu bar or in the main page content click on the link “choose from ready-made proposals”.
B) The Buyer then moves on to a specific product in the selected category. The buyer can also go to a specific product directly from the link available in social media.
C) In the case of a Ready Product, the Buyer is not in a position to modify it.
D) The Buyer makes a decision about the purchase by browsing the photos on the Product Card and the features of a given product given on the website.
E) The Buyer indicates the desired size based on the attached size table.
F) The purchase starts by adding the Ready Product to the basket and further procedures require creating or logging in to the Customer’s Individual Account.
G) The Buyer chooses the payment method from those available on the Przelewy24.pl or PayPal platform (the methods specified in Par. VII. of the Regulations).
H) The Buyer indicates the billing address and optionally the delivery address.
I) In order to complete the ordering process it is necessary to accept the regulations by the Buyer.

VI. THE CONCLUSION OF A SALES CONTRACT

1. The conclusion of the Sales Agreement between the Buyer and the Seller shall take place after the prior submission of the Order in accordance with pt. IV above.
2. The prices of the Products are given depending on the Buyer’s choice in PLN, EUR or GBP. The total price of the Product includes taxes, delivery cost and includes a discount for purchase (if the Buyer is entitled to it).
3. After placing an Order, the Seller shall immediately confirm its receipt and after the payment of the Selling Price has been booked, the Seller shall accept the Order for processing. Confirmation of receipt of the Order and its acceptance for execution shall be followed by sending an e-mail message to the Buyer by the Seller to the e-mail address provided during the submission of the Order. The e-mail message shall contain the Seller’s confirmation indicating the status of the Order and its number. In addition, it contains information about the acceptance of the Order for execution, which together with the Order and these Terms and Conditions constitute a Sales Agreement concluded on the date of receipt of confirmation of acceptance of the Order for execution.
4. Consolidation, securing and making available to the Buyer the concluded Sales Agreement shall take place through:
A) Making these Terms and Conditions available, published on the website www.uptou.pl
B) Sending the Customer an e-mail confirming that the Order has been accepted for execution
C) Recording and securing in the computer system of the Seller’s Internet Shop

VII. PAYMENT FOR THE PRODUCT

1. Payments in PLN are made through the platform of Przelewy24.pl, owned by PayPro SA ul. Kanclerska 15, 60-327 Poznań, Poland VAT: PL779-236-98-87,.
The Buyer has a choice of the following payment methods for the Product available on the Przelewy24.pl platform:
A) traditional transfer
B) online transfer
C) payment by card
2. Payments in EUR or GBP are made through the platform of PayPal Europe S.à r.l. et Cie, S.C.A., a private limited liability company with its registered office in Luxembourg, 22-24 Boulevard Royal, L-2449.
The Buyer has a choice of the following payment methods for the Product available on the PayPal platform:
A) transfer of funds within the platform
B) payment by card
3. The payment period is 72 hours from the date of the Confirmation of Order receipt.

VIII. THE DELIVERY OF THE PRODUCT

1. The Product can be delivered on the territory of Poland or in one of the countries specified in the Product Delivery site.
2. The delivery of the Product is chargeable unless otherwise provided in the Sales Agreement.
3. The Product will be delivered via DHL courier service
4. The shipment passing to DHL time is up to 48 hours (working days) for Ready Product Orders.
5. The beginning of the period specified in pt VIII.4 is counted from the moment of crediting the bank account of the Seller.
6. The cost of delivery of the Product is determined individually depending on the country of destination and will be indicated when placing the Order after selecting the appropriate country.

IX. COMPLAINTS

1. The Seller undertakes to deliver the goods without defects.
2. UpToU as a seller is liable to the Buyer who is a Consumer, under the warranty for defects in the scope specified in the Civil Code, in particular in Article 556 and Article 556[1]-556[3] of the Civil Code.
3. Complaints, resulting from violation of consumer rights guaranteed by law or on the basis of these Terms and Conditions, should be directed:
A) To the address: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland
B) Telephone: +48 501 550 653
C) By mail to: biuro@uptou.pl
4. In the case when the Buyer is not a Consumer, the liability of UpToU under the warranty for defects is excluded.
5. Complaints related to the provision of Electronic Services and other than those described in points 1-3 above, complaints related to the operation of the UpToU Internet Shop shall be submitted by the Customer:
A) By mail to biuro@uptou.pl
B) Using the web form available at the address: https://uptou.pl/en/contact/
C) Telephone: +48 501 550 653
6. UpToU will consider each complaint within 14 days, and if this is not possible, will inform the Buyer within this period, when the complaint will be considered.
7. When submitting a complaint in relation to the Product, it is recommended that the Buyer provide the following information, as indicated in the Complaint Form, which is available on the “Complaints and returns” site, placed in the footer of the page:
A) Information and circumstances concerning the subject of the complaint, in particular the type and date of the defect occurrence
B) Demanding the manner of bringing the Product to compliance with the Sales Agreement or statement on price reduction or withdrawal from the Sales Agreement
C) Contact details of the complainant – this will facilitate and accelerate the handling of the complaint by the Seller.
The requirements specified in this section are in the form of a recommendation only and do not affect the effectiveness of complaints made without the recommended description of the complaint.
8. In the case of Electronic Services, when submitting a complaint, it is recommended that the Customer provide a description of the complaint in the description of the complaint:
A) Information and circumstances concerning the subject matter of the complaint, in particular the type and date of occurrence of irregularities
B) Client’s demands
C) Contact details of the complainant – this will facilitate and accelerate the processing of the complaint by the UpToU
The requirements specified in this section are in the form of a recommendation only and do not affect the effectiveness of complaints made without the recommended description of the complaint.
9. The Customer who executes the warranty rights is obliged to deliver the defective Product to the address at the expense of the Seller: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland.

X. WITHDRAWAL FROM THE SALES AGREEMENT

1. The Customer has the statutory right to withdraw from the Sales Agreement concluded at a distance within 14 days from the date of its conclusion, subject to different provisions below, without giving reasons and without the need to justify its decision.
2. In order to withdraw from the Agreement, the Customer shall make a clear statement in this respect. For this purpose, the Client may use the FORM OF WITHDRAWAL FROM THE SALES AGREEMENT, the template of which can be found on the “Complaints and returns” site, located in the footer of the site. Withdrawal may be made:
A) By sending a declaration of withdrawal to the address: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland
B) By e-mail to: biuro@uptou.pl In the case when the declaration of withdrawal is sent by e-mail, the UpToU will immediately send the Client a confirmation of receipt of the information on withdrawal to the Client’s e-mail address.
3. In order to keep the deadline for withdrawal, it is sufficient for the Client to send information concerning the execution of the right of withdrawal before the expiry of the deadline for withdrawal from the Agreement.
4. In the event of withdrawal from the Sales Agreement, the Agreement shall, as a rule, be deemed not to have been concluded.
5. Subject to the provisions of pt. 6 below, the UpToU shall return all payments made by the Customer immediately, no later than within 14 days of receiving the Customer’s statement on withdrawal from the Agreement (except for additional costs resulting from the method of delivery chosen by the Customer, other than the cheapest method of delivery of the Product available in the store). The UpToU reimburses the payment using the same payment method used by the Customer, unless the Customer has explicitly agreed to another method of reimbursement that does not involve any costs to the Customer. The UpToU may withhold the return of payments received by the Customer until the Customer returns the Product or provides the proof of sending it back, whichever comes first.
6. If the Customer has purchased several Products at a time and returns only a part of them, the UpToU will immediately, no later than 14 days after receiving the Customer’s declaration of withdrawal from the Agreement, return the amount equal to the purchase value of the returned Products. The cost of delivery in this case is not refundable.
7. The Consumer is obliged to return the Product to the Seller immediately, not later than within 14 calendar days from the day on which he withdrew from the contract, or to hand it over to the Seller or to the person authorized by the Seller to receive it, unless the Seller has offered to collect the Product himself. To meet the deadline it is sufficient to send back the Product before its expiry.
8. The Consumer may return the Product to the address: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland.
9. The Consumer shall be liable for any reduction in the value of the Product resulting from its use beyond what is necessary to establish the nature, characteristics and functioning of the Product
10. The Consumer shall bear the direct costs of returning the Product.

XI. PRODUCT EXCHANGE

1. Regardless of points VIII and IX of the Terms and Confitions, the Customer has the possibility to exchange the Ready Product for another Ready Product available in the UpToU Internet Shop within 14 days from the date of receipt of the Ready Product by the Customer. The Customer has the right to replace the Ready Product without giving any reason. In order to keep the deadline for exchange, it is sufficient to send the appropriate statement before its expiry. The declaration may be sent:
A) To the e-mail address: biuro@uptou.pl
B) To the address: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland.
2. Replacement may be made with another Ready Product with the characteristics specified by the Customer subject to its availability in the Online Shop. In the event of a difference in price between the returned Ready Product and the Ready Product to be replaced, the Customer shall be obliged to pay the difference or the Seller shall reimburse the difference. The returned Ready Product should be in a condition which does not bear traces of use. The Customer is requested to return the Product to the address: UpToU Borowscy S.C. ul. Piwoniowa 11, 05-825 Opypy, Poland.
3. The direct cost of returning the Product shall be borne by the Buyer. The cost of sending a new Product to the Buyer shall be borne by the Seller. The Seller undertakes to replace the Product immediately, not later than 14 days from the date of receipt of the replaced Product by the Seller.

XII. CHANGES TO TERMS AND CONDITIONS

1. UpToU reserves the right to change the Terms and Conditions only for important reasons, i.e:
A) Changes in generally binding legal regulations
B) Changes in payment and delivery methods – to the extent that such changes affect the implementation of the provisions of these Regulations
2. Amendments to the Regulations in relation to continuous services – Individual account of the Buyer shall become binding if the Buyer has been properly notified of the amendments and has not terminated the contract within 14 calendar days from the date of notification, but if the amendment concerns the introduction of new fees or an increase in fees already in force, the Buyer who is a Consumer shall have the right to withdraw from the contract.
3. Amendments to the Regulations with respect to Sales Agreements or other non continuous agreements shall not affect the acquired rights of the Buyer who is a Consumer before the date of entry into force of the amendments to the Regulations, in particular the amendments to the Regulations shall not affect the Orders already placed or submitted and the Sales Agreements concluded, executed or performed

XIII. PRIVACY POLICY

XIV. FINAL PROVISIONS

1. In the case of disputes arising in connection with these Regulations, Sales Agreements, the Parties shall attempt to resolve them amicably, and if the dispute is not resolved amicably, the matter may be referred to a common court. The consumer may use out-of-court methods of examining complaints and pursuing claims. In order to take advantage of the possibility of amicable settlement of disputes concerning online purchases, the Consumer may submit his complaint e.g. via the EU ODR Internet platform available at the address: http://ec.europa.eu/consumers/odr/ The Seller’s e-mail address that can be used in this procedure is: biuro@uptou.pl
2. In addition, detailed information on the possibility of using out-of-court complaint and vindicate the procedures by the Customer who is a Consumer and the rules of access to these procedures are available in the offices and on the websites of county (city) Consumer Ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php
3. In matters not regulated in these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on Consumer Rights, the Act on Electronic Provision of Services and other relevant provisions of Polish law shall apply.

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