MS AND CONDITIONS OF THE ONLINE SHOP

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

1. These Terms and Conditions apply to provision of services by electronic means, including usage of the Shop, rights, obligations and liability conditions of the Vendor and the Customer. The Terms and Conditions also contain information the Vendor is obliged to share with the Consumer as per the mandatory rules of law, including the Consumer Rights Act of 30 May 2014 (Dz. U. 2017, item 683, as amended).
2. Each Customer should read the Terms and Conditions.
3. The Terms and Conditions are available on the Shop’s website and are also made available freely before concluding a contract. On a Customer’s request, the Terms and Conditions are also made available in a manner allowing them to be acquired, re-printed or saved via a computerised system used by the Customer (e.g. e-mail).
4. Basic definitions:
1. Terms and Conditions: Terms and Conditions of the Online Shop;
2. Vendor or Provider: BARTOSZ KRAWCZYK, conducting a business activity under the name PREMIUM BARTOSZ KRAWCZY, address: Przelotowa 200, 42-523 Dabrowa Gornicza, Poland, Tax ID (NIP): PL6292192385, National Business Registry Number (REGON): 277583870, registered in the Central Registration on Business (CEIDG) database.
3. Client or Customer: a natural person that is of age and has full capacity to enter into legal transactions, a legal entity, or an organisational unit without legal personality able to acquire rights and assume obligations in their own name, that creates a legal relationship with the Vendor within the scope of the Shop’s activity. Consumers are treated as Customers, unless a given question stipulates different rules for Consumers than for Customers;
4. Consumer: A Customer being a natural person making a legal action (purchase from the Vendor) not directly related to their business;
5. Electronic Service – a service as per the Act on Provision of Services by Electronic Means of 18 July 2002 (Dz.U. 2017, item 1219, as amended), provided by electronic means by the Vendor for the Customer via the Website;
6. Shop or Online Shop, or Website: An electronic service, an Online Shop, managed by the Vendor under a URL addresshttp://www.ribbley.com/, within the scope of which the Customer concludes a distance sales contract. The parties are informed of contract conclusion via automatically generated e-mails, and the execution of the contract (especially the delivery of the Goods) occurs offline;
7. Account – an Electronic Service, identifiable by a unique name (login) and password specified by the Customer, a collection of resources in the Vendor’s computerised system, containing the Customer's data and information concerning Shop-related activities;
8. Good or Product – a good sold via the Shop, offered by the Vendor;
9. Contract – a distance contract concerning a sale of a Good, concluded via placing an Order in the Shop by the Customer and the Order being confirmed by the Vendor;
10. Form – a script serving as a means of electronic communication allowing one to place an Order or conduct other activities in the Shop;
11. Order – a wish to purchase a Good expressed by the Customer via means of technical communication;
12. Newsletter – an Electronic Service of distribution provided by the Vendor via e-mail, allowing all subscribing Customers to automatically receive regular messages (newsletters) from the Vendor, containing information on the Website, including news and promotions in the Shop.

CHAPTER 2. GENERAL AND TECHNICAL INFORMATION

1. Vendor data for contact with Customers: address: Przelotowa 200, 42-523 Dąbrowa Górnicza, Poland, e-mail address: info@ribbley.com, telephone number: +48 604-554-292
2. The Vendor offers the following types of Electronic Services:
1. Online Shop,
2. Newsletter,
3. Opinions (comments),
4. Account.
3. The Vendor provides Electronic Services in accordance with the Terms and Conditions.
4. A technical requirement for the Customer to use the Shop is to have a computer or other devices allowing them to browse the Internet, appropriate software (including an Internet browser), access to the Internet and an active e-mail account.
5. The Customer is forbidden from delivering content that is illegal in nature.
6. The usage of the Shop may carry risks typical to the general usage of the Internet, e.g. spam, viruses, or hacker attacks. The Vendor takes actions to prevent the Customers from such dangers. The Vendor declares that the public nature of the Internet and usage of electronic services may carry a risk of the Customer’s data being acquired or modified by unauthorised third parties, therefore the Customers should employ all applicable technical means to minimise such a risk, including anti-virus and data protection software.
7. The contract on providing Electronic Service is concluded via the Shop and the Internet. The Customer may at any time terminate the Electronic Service by leaving the Shop or deleting their customer Account. In such a case the contract on providing Electronic Service is dissolved automatically and no further declarations from the parties are necessary.
8. The Shop may not be utilised anonymously or under a pseudonym.

CHAPTER 3. PERSONAL DATA

1. The personal data submitted by the Clients is processed by the Vendor in accordance with the mandatory rules of law, including the Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing directive 95/46/WE (general data protection regulation) (Dz. U. L 119 of 4 May 2016, hereinafter: “Regulation”). Specifically:
1. The Vendor ensures that the data is:
• processed in accordance with the mandatory rules of law, in a valid and transparent manner for the Clients and other people to whom the data relates;
• collected for specific, clear and legally justified purposes and not processed further in ways contrary to such purposes;
• adequate, proper and limited to what is necessary for the purpose of its processing;
• correct and, if needed, updated;
• stored in a manner allowing one to identify the person to whom the data relates for the period not longer than necessary for the fulfilment of the purpose of the data storage;
• processed in a manner that ensured proper security of the personal data, including protection from disallowed or illegal processing or accidental loss, destruction or damage, using appropriate technical and organisational means,
2. The Vendor employs appropriate technical and organisational means to ensure protection of the processed personal data adequate to the nature, scope, context and purpose of the processing and the risk of infringement on the rights or liberties of natural persons;
3. The Vendor enables Clients to access their personal data and the persons to whom the data relates shall have access to other rights, in accordance with the relevant mandatory rules of law.
2. The personal data is processed on the basis of the Client’s consent or other factors allowing the Vendor to process the data, as per the Regulation.
3. The Vendor guarantees certain rights to persons, whose personal data is being processed, as per the relevant mandatory rules of law, specifically:
1. the right to withdraw their consent to process personal data
2. the right to obtain information about their personal data;
3. the right to control the data processing, including updating it, clarifying it or deleting it;
4. the right to object to the processing or to limit the processing;
5. the right to file complaints to a regulatory body and to utilise other legal methods to protect their rights.
4. Any person having access to the personal data may process it solely on the basis of the Vendor’s authorisation or an agreement for personal data processing, and solely on the Vendor’s request.
5. The Vendor ensures that they shall not share the personal data with any entities that are not authorised to receive it as per the relevant mandatory rules of law, unless required by the EU or Polish law.

CHAPTER 4. ADDITIONAL INFORMATION

1. Article 1. Account.
1. Creation of an Account on the Shop’s website is free of charge and requires the following steps: The Customer should fill out the registration form, providing the relevant data, confirming the Terms and Conditions and consenting to the processing of personal data and trade information. A link allowing one to verify the Account shall be sent to the e-mail address provided by the Customer during the registration process. Logging in to one’s Account requires providing one’s login and password, set by the Customer. The password is confidential and should not be shared with anyone.
2. The Account allows the Customer to enter or modify their data, place or check their Orders and browse their Order history.
3. The Account Electronic Service is provided free of charge for an indefinite period.
4. The Customer may at any time delete their Account by requesting it via e-mail sent to the Vendor to the e-mail address: info@ribbley.com, or via traditional mail sent to the Vendor’s postal address: Przelotowa 200, 42-523 Dąbrowa Górnicza, Poland.
2. Article 2. Newsletter
1. The Newsletter service aims to deliver to the Customer the requested information.
2. Usage of the Newsletter does not require one to create an Account, but it does require an e-mail address, a confirmation of the Terms and Conditions, and consent to the processing of personal data and trade information.
3. A link confirming the Newsletter subscription shall be sent to the Customer’s e-mail address.
4. The Newsletter Electronic Service is provided free of charge for an indefinite period.
5. The Customer may at any time cease their Newsletter subscription by requesting it via e-mail sent to the Vendor to the e-mail address: info@ribbley.com, or via traditional mail sent to the Vendor’s postal address: Przelotowa 200, 42-523 Dąbrowa Górnicza, Poland.
3. Article 3. Opinions
1. The Vendor allows the Customers to place their individual and subjective messages (opinions, comments) on the Shop’s Website, especially relating to the Goods.
2. The service is provided free of charge for an indefinite period.
3. The service may be used anonymously.
4. The Vendor may use the provided opinions for the content placed on the Website.

CHAPTER 5. SALE

1. Article 1. Goods
1. All Products offered in the Shop are new and free of defects.
2. The Customer may choose between a regular Product or a Product individually configured, as per the rules specified below.
3. The Customer may configure the Product using a Configurator contained in the “Create your Wallet” tab, available at: https://www.ribbley.pl/stworz-swoj-portfel/.
4. All Products (including the configured ones, as per point 3 of this article) are refundable in accordance with the Chapter 8 of the Terms and Conditions, but subject to point 4 of this article.
5. The Customer may order a Product with an engraving. In such a case the Product is considered individually ordered by the Customer. The Products with engravings are not refundable, specifically, one may not withdraw from the sales contract concerning such Products.
6. The Product may be equipped with the Ribbley Finder service, which allows one to search for the Product using an external Bluetooth application. The Vendor has no access, does not collect nor processes any data shared by the Ribbley Finder devices. More detailed information can be found under the following address: https://www.ribbley.pl/ribbley-finder/.
7. Detailed descriptions of Products along with their configuration options can be found on the Shop’s website.
8. The Products may be covered with warranties or post-sale services. Any details relating thereto may be found in the individual Product descriptions.
2. Article 2. Orders and their processing
1. An Order may be places by filling an Order Form, available in the Shop. If the Customer wishes to configure the Product, they may use a Configurator contained in the “Create your Wallet” tab, available at: https://www.ribbley.pl/stworz-swoj-portfel/.
2. Orders may be placed after creating an Account or without creating an Account (guest shopping).
3. The Customer is obliged to carefully fill out the Form, providing the correct data and specifying the payment and delivery method.
4. The Customer provides the relevant data in the Form, confirms the Terms and Conditions and consents to the processing of personal data and trade information.
5. The Orders may be placed in the Shop 24 hours a day, 7 days a week. Orders places on Saturdays, Sundays or holidays shall be processed on the next available business day.
6. The Customer confirms the placed Order by clicking the “Place Order” button. The Vendor shall send an Order confirmation to the e-mail address specified by the Customer.
7. Orders are processed (i.e. prepared and sent) within 2 business days.
3. Article 3. Payment
1. All prices in the Shop are gross prices (VAT included) in PLN. The prices of the Goods do not include the charges specified in point 2 below. The price of the Good shown at the moment of placing the Order by the Customer is binding to both parties.
2. Any charges relating to the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs are covered by the Customer. The exact amount of these charges may depend on the Customer’s choice as to the delivery method. The information concerning the delivery charges is provided when placing an Order.
3. The Customer may opt for the following payment methods:
• traditional bank transfer – payment before shipping (pre-payment). Having placed an Order, the Customer should arrange for a bank transfer of the full amount to the Shop’s bank account. The Order shall be processed once the amount is registered in the Shop’s bank account.
• payment via the Przelewy24 payment platform – payment before shipping (pre-payment). Having placed an Order, the Customer should make the payment via the payment platform. The Order shall be processed once the amount is registered by the payment platform.
4. The Shop issues a proof of purchase for each sold Product and delivers it to the Customer, as long as it is required by the mandatory rules of law.
5. The Customer is obliged to issue the payment within 5 days of concluding the sales contract, unless the selected payment requires a different time frame. If the Customer shall not issue the payment within that period, then, according to the art. 491.1 of the Civil Code (Dz.U. 2017, item 459, as amended) - the Vendor shall specify an additional payment term for the Customer, after which the Vendor shall be entitled to withdraw from the Contract. If the Customer declares that they shall not comply with the payment requirement, the Vendor may withdraw from the Contract without first specifying an additional payment term and before the payment term is due.
4. Article 4. Delivery
1. The Product is sent to the postal address specified by the Customer in the Order Form, unless the parties jointly decide otherwise.
2. The Product is delivered by a delivery company or the general post office, depending on the Customer’s choice. A parcel sent by post should be delivered within 3 business days. A parcel sent via a delivery company should be delivered within 2 business days.
3. Along with the Product, the Vendor shall also send all its additional elements and manuals of usage, conservation and other documents required by the mandatory rules of law.
4. The Vendor indicates that:
1. once the Good is transferred to the Customer or the carrier, all the profits and burdens associated with the Good, as well the risk of random loss or damage to the Good, shall be transferred to the Customer. As for Consumers, the risk of random loss or damage to the Good shall be transferred to the Consumer once the Good is handed over to them. The Good is considered handed over once it is given to the carrier, if the Vendor had no influence on the choice of carrier by the Consumer.
2. acceptance of the parcel with the Good by the Customer without any complaints shall mean expiry of all claims for damages or defects caused by shipping, unless:
• the damage is determined in a protocol before accepting the parcel;
• such determination was not attempted due to the carrier’s fault;
• the damage or defect resulted from a deliberate action or gross negligence of the carrier;
• the defect was not visible from the outside but was detected by the Customer after accepting the parcel and the Customer demanded to determine its state within 7 days and proved that the defect must have appeared after the parcel was handed over to the carrier and before it was handed over to the Customer.
5. Article 5. Additional information for the Consumer
1. The Contract is not concluded for an indefinite period and shall not be automatically extended.
2. The minimum period of Consumer liability resulting from the Contract is the Contract's processing time, i.e. issuing payment and receiving the Good.
3. The usage of the Shop by the Consumer does not require them to pay any deposits or other financial guarantees.
4. The Vendor has no obligation to follow the code of good practice specified in art. 2.5 of the Act on Prevention of Unfair Market Practices of 23 August 2007 (Dz.U. 2016, item 3, as amended).

CHAPTER 6. LIABILITY

1. Statutory warranty is excluded in the legal relationships with the Customers.
2. The Vendor is liable to the Consumer if the Good contains a physical or a legal defect (statutory warranty), as specified in the Civil Code (Dz.U. 2017, item 459, as amended) and the Consumer Rights Act of 30 May 2014 (Dz.U. 2017, item 683, as amended), including the following stipulations:
1. the physical defect consists in the Good not complying with the provisions of the Contract. Specifically, the Good is not compliant with the Contract, if:
• The Good has no qualities that it should possess, based on its purpose specified in the contract or resulting from the circumstances or general purpose;
• The Good has no qualities that the Vendor assured the Consumer of;
• The Good is not sufficient for the purpose that the Consumer informed the Vendor of, when concluding the contract, and the Vendor had no objections thereto;
• The Good was handed over to the Consumer in an incomplete state.
2. The Good has a legal defect, if the Good is owned by a third party or is burdened by third party’s rights, as well as if the restriction on the usage or administration of the Good results from a decision or verdict of a relevant body; when selling the rights, the Vendor is also liable for their existence;
3. The Vendor is liable for statutory warranty for physical defects that existed at the moment of transfer of risk to the Consumer or resulted from a cause present in the Good at that moment.
4. The Vendor is indemnified from statutory warranty if the Consumer was aware of the defect when concluding the contract;
5. If the defect is detected within one year of the transfer of the Good to the Consumer, it shall be assumed that the defect or its cause existed at the moment of transfer of risk to the Consumer;
6. The Vendor is liable for a statutory warranty if the physical defect is determined within two years of the transfer of the Good to the Consumer, and if the Good purchased by the Consumer is a used, mobile item, the Vendor shall be liable for a statutory warranty if the physical defect is determined within one year of the transfer of the Good to the Consumer;
7. The Consumer’s rights to statutory warranty are as follows:
• claim to lower the price of the Good or withdraw from the contract, unless the Vendor replaces the item with the defect with a defect-free item or removes the defect, immediately and without any major inconvenience to the Consumer;
• The Consumer may, instead of having the Vendor remove the defect, demand that the Good be replaced with a defect-free version or demand that the defect be removed, unless making the item compliant with the contract in the way chosen by the Consumer is impossible or would require additional costs in comparison with the means proposed by the Vendor. The additional costs are calculated based on the value of the defect-free item, the type and significance of the detected defect, as well as inconveniences potentially caused to the Consumer by alternate means of enforcing compliance;
8. Consumer exercising their right to statutory warranty is obliged to deliver to the location specified in the contract, on Vendor’s expense, the item with the defect, and if such a location had not been specified in the contract – to the location, in which the item was handed over to the Consumer.

CHAPTER 7. COMPLAINT PROCESSING PROCEDURE

1. The Customer should direct their complaints to the Vendor in writing to the postal address: Przelotowa 200, 42-523 Dąbrowa Górnicza, Poland. The Customer may utilise the template for complaints available in the Shop, but it is not a necessary condition for the complaint to be reviewed.
2. Where it is determined that the parcel with the Good is damaged in any way, the Customer should immediately (not later than in 7 days from receipt) file the relevant complaint to the Vendor. This action will allow the parties to pursue claims against the carrier. It is not, however, a condition for the complaint to be reviewed.
3. The complaint should contain a detailed description of the problem and the Customer’s demands, it may also include photographs documenting the problem.
4. The Vendor is obliged to review a Customer’s complaint within 30 days, and a Consumer’s complaint within 14 days. If the Vendor does not respond to a Consumer’s complaint within 14 days, it shall be considered accepted.
5. If the complaint is accepted, the Vendor shall undertake appropriate actions.
6. There exists a possibility to use out-of-court complaint and redress mechanisms within the scope of legal relations with the Consumers, including:
1. the ODR (online dispute resolution) platform available at: http://ec.europa.eu/consumers/odr/;
2. arbitration proceedings before a common court or other legal bodies.

CHAPTER 8. WITHDRAWAL FROM THE CONTRACT

1. The Vendor or the Customer may withdraw from the Contract pursuant to the provisions of the Civil Code (Dz.U. 2017, item 459, as amended).
2. The Consumer may withdraw from the Contract within 14 days of receipt of the Good.
3. Information concerning the Contract withdrawal procedures is available in the right to withdrawal section of the Online Shop.
4. The right to withdraw from the Contract does not apply to Consumers for selected types of contracts, i.e.:
1. contracts for provision of services, where the Vendor carried out a service as per the Consumer’s express consent, where the consumer had been informed before the service was provided that they would lose their right to withdraw from the Contract once the service is carried out;
2. contracts for services for which the price or remuneration is dependent on variations of the financial market, outside of the Vendor’s control, which may occur before the Contract withdrawal term is due;
3. contracts for Good considered non-prefabricated items, manufactured based on the Consumer’s specifications or used to serve their own, individual needs;
4. contracts for items that quickly deteriorate or with short “best consumed before” time frames;
5. contracts for items delivered in a sealed packaging, which, once opened by the consumer, prevents the item from being returned due to health or hygiene concerns;
6. specific contracts for items that, due to their inherent nature, are inseparably connected to other items once delivered;
7. contracts for alcoholic beverages, the price for which was established when concluding the Contract, and which may be delivered only after 30 days, and their price is dependent on variations of the financial market, outside of the Vendor’s control;
8. contracts in which the Consumer expressly demanded that the Vendor performs urgent repairs or conservatory works; if the Vendor provides any additional services to those requested by the Buyer, or delivers any items other than spare parts required to perform repairs or conservatory works — the Consumer has the right to withdraw from the contract with regards to the additional services or items;
9. contracts for sound or video recordings, or software delivered in a sealed packaging, if the packaging was opened by the Consumer following the delivery;
10. contracts for journals, periodicals, or magazines, except subscription contracts;
11. contracts concluded at a public auction;
12. contracts for services covering accommodation other than for residential purpose, transport of goods, car rental services, catering, or services related to leisure activities, if the contract provides for a specific date or period of performance;
13. contracts covering supply of digital content which is not supplied on a tangible medium, if the service has begun with the Consumer's prior express consent and with the acknowledgement by the Consumer of losing the right to withdraw.
5. The Vendor indicates that some Goods are custom manufactured on a Customer's individual order (according to their instructions or to appease their individual needs) and in such cases the Consumer is not entitled to withdraw from the sales contract of such Goods, as per art. 38.3 of the Consumer Rights Act of 30 May 2014 (Dz.U. 2017, item 683, as amended).
6. The Vendor shall immediately, not later than within 14 days of receipt of the Consumer’s declaration of withdrawal from the Contract, return to the Consumer all payments they made, including the delivery charges. The Vendor shall issue the refund via the same payment method as the one chosen by the Consumer during the original purchase, unless the Consumer expressly consents to a different refund method that would not result in any costs.
7. If the Consumer chose a delivery method different than the cheapest one offered by the Vendor, the Vendor is not obliged to refund the additional costs incurred by the Consumer.
8. The Consumer is obliged to return the Good, along with all its additional elements, including packaging, provided it comprises a material element of the Good. The Vendor may withhold from returning the payments until the moment they receive the Good or a proof of its shipping from the Consumer, depending on which event occurs first.
9. The Consumer covers only the direct costs of the return of the Good, unless the Vendor agreed to have these covered or not informed the Consumer of the necessity of covering them.
10. The Consumer shall be responsible for any reductions in the value of the Good resulting from handling of the Good other than what is necessary to establish its nature, characteristics, and functioning.
11. Contracts successfully withdrawn from are considered as if they never had been concluded.

CHAPTER 9. INTELLECTUAL PROPERTY

1. The rights to the Website and the content contained thereon belong to the Vendor.
2. The URL address, at which the Shop, as well as the content of the Website are available, is http://www.ribbley.com/. The Shop and the content are subject to copyrights and are protected by the copyright and intellectual property laws.
3. All logotypes, proper names, graphics, films, texts, forms, scripts, source codes, slogans, trademarks, service marks, etc. are considered restricted and belong to the Vendor, manufacturer or distributor of the Good. Downloading, copying, modifying, reproducing, sending or distributing of any content available on the Website http://www.ribbley.com/ is forbidden without the owner’s express consent.

CHAPTER 10. FINAL PROVISIONS

1. Any matters not regulated by these Terms and Conditions within the scope of the legal relationship with the Customers or Consumers shall be regulated by relevant provisions of the mandatory rules of law.
2. The parties agree that all the amendments and supplements to these Terms and Conditions shall be made in writing or else shall be null and void.
3. Any conflicts between the Vendor and the Customer shall be resolved by the court of competent jurisdiction as per the Vendor's registered address. Any conflicts between the Vendor and the Consumer shall be resolved by the court relevant as per the general rules and principles (the court of competent jurisdiction as per the registered address of the accused) or another court, more comfortable to the Consumer (as per art. 31-37 of the Civil Code).

Annexes to the Regulations

Attachment Nr. 1 - THE RIGHT TO WITHDRAWAL

Download im Format; word  lub   pdf

Attachment Nr. 2 - CONTRACT WITHDRAWAL TEMPLATE

Download im Format; word  lub   pdf