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SHOP REGULATIONS

ONLINE SHOP REGULATIONS OTOSOCKS.COM FOR ENTREPRENEURS
 
TABLE OF CONTENTS:
1.       GENERAL PROVISIONS
2.       ELECTRONIC SERVICES IN THE ONLINE SHOP
3.       CONDITIONS FOR CONCLUDING A SALES CONTRACT
4.       METHODS AND DATES OF PAYMENT FOR THE PRODUCT
5.       TRADE CREDIT
6.       THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT
7.       PRODUCT COMPLAINTS
8.       ADDITIONAL PROVISIONS
9.       FINAL PROVISIONS

These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl.

1.     GENERAL PROVISIONS

1.1.        The Online Shop available at www.otosocks.com is run by SOXO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with office in Sopot (office address and correspondence address: Smolna 1A, 81-877 Sopot, Poland); registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000711413, Register Court which holds the Company's documentation: District Court Gdańsk – North in Gdańsk, VIII Commercial Department KRS; tax identification no. NIP: 5851481692, National Economy Register No. REGON 369129251, e-mail address: info@otosocks.com, telephone number: 48 (58) 343-24-06.

1.2.        These Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

1.3.        The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).

1.4.        Definitions:
1.4.1.         BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2.         REGISTRATION FORM – the form available in the Online Shop that allows you to create an Account.
1.4.3.         ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.
1.4.4.         CUSTOMER – (1) a natural person who is an entrepreneur for whom using the Online Shop, including cocluding Sales Contracts, is directly related to that person’s business and it has a professional character for that person (i.e. who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG)); (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.5.         CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).
1.4.6.         ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which are collected the data provided by the Service Recipient and the information about Orders placed in the Online Shop.
1.4.7.         NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.
1.4.8.         PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
1.4.9.         REGULATIONS – these regulations of the Online Shop.
1.4.10.      ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.otosocks.com
1.4.11.      SELLER; SERVICE PROVIDER – SOXO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with office in Sopot (office address and correspondence address: Smolna 1A, 81-877 Sopot, Poland); registered in Register of Entrepreneurs of National Court Registry under the KRS number: 0000711413, Register Court which holds the Company's documentation: District Court Gdańsk – North in Gdańsk, VIII Commercial Department KRS; tax identification no. NIP: 5851481692, National Economy Register No. REGON 369129251, e-mail address: info@otosocks.com, telephone number: 48 (58) 343-24-06.
1.4.12.      SALES CONTRACT–  the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.
1.4.13.      ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.
1.4.14.      SERVICE RECIPIENT – (1) a natural person who is an entrepreneur for whom using the Online Shop, including cocluding Sales Contracts, is directly related to that person’s business and it has a professional character for that person (i.e. who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG)); (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.
1.4.15.      ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.

2.     ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1.        The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.
2.1.1.         Account – The use of Account is possible after completing two following steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Register an account" field. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname / company name, tax identification number, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number, login and password. The Service Recipient should also complete a description of that person’s business. The Account becomes active as soon as it is confirmed by the Service Provider after verification of the Service Recipient’s data.
2.1.1.1.         The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: info@otosocks.com or in writing to: Smolna 1A, 81-877 Sopot, Poland.
2.1.2    Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Order and pay" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.
2.1.1.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.
2.1.3. Newsletter - using the Newsletter takes place after providing name and the e-mail address in the "Newsletter" tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the “Subscribe” field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account or placing the Order - once the Account is created or the Order is placed, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: info@otosocks.com or in writing to the following address: Smolna 1A, 81-877 Sopot, Poland.

2.2.        Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1920x1080; (5) enabling cookies and Javascript support in the web browser.

2.3.        The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.

2.4.        Complaint procedure with regard to the Electronic Services:
2.4.1.         The complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the complaint procedure of the Product, which is indicated in items 7 of the Regulations) the Serwice Recipient may submit, for example:
2.4.1.1.         in writing to the address: Smolna 1A, 81-877 Sopot, Poland;
2.4.1.2.         in electronic form via e-mail to the following address: info@otosocks.com.
2.4.2.         It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the complaining party - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
2.4.3.         The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.

3.     CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1.        The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.2 of the Regulations.

3.2.        The Product price shown on the Online Shop website is given in Polish zlotys (PLN), euro, US dollars and British pounds (GBP) and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.

3.3.        The procedure of concluding a Sales Contract in the Online Shop using the Order Form
3.3.1.         The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with clause. 2.1.2 of the Regulations.
3.3.2.         After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.

3.4.        The consolidation, security and access to the Customer the kontent of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in clause 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shpop.

4.     METHODS AND DATES OF PAYMENT FOR THE PRODUCT

4.1.        The Seller provides the Customer with the following methods of payment under the Sales Contract:
4.1.1.         Cash on delivery - payment method available after individual contact with the Seller.
4.1.2.         Payment by bank transfer to the Seller's bank account.
4.1.3.         The electronic payments and credit card payments via IAI Pay, PayU.pl, Paypal.com and Przelewy24.pl – all possible current payment methods are specified on the Online Shop website in the payment methods tab and on the website https://www.iai-shop.com/pl, http://www.payu.pl, https://www.paypal.com and https://www.przelewy24.pl/.
4.1.3.1.          The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer's choice through the IAI Pay, PayU.pl, PayPal.com or Przelewy24.pl service. The support for electronic payments and credit card payments is provided by:
4.1.3.1.1.         IAI Pay – IAI S.A. company with a registered office in Szczecin (al. Piastów 30, 71-064 Szczecin), entered into the Entrepreneurs Registry of the National Court Register under the numer 0000325245, registry documents kept by the District Court of Szczecin-Centre in Szczecin, XIII Commercial Division of the National Court Register, share capital: 815 623,50 PLN, Tax Id: 8522470967, REGON: 320147706.
4.1.3.1.2.         PayU.pl – PayU S.A. company with a registered office in Poznań (registration address: ul. Grunwaldzka 186, 60-166 Poznań), entered into the Entrepreneurs Registry of the National Court Register under the number 0000274399, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, share capital: 4.944.000 PLN fully paid, Tax ID: 779-23-08-495.
4.1.3.1.3.         PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5. kondygnacja 22–24 Boulevard Royal, L-2449, Luxembourg.
4.1.3.1.4.         Przelewy24.pl – PayPro S.A. company with a registered office in Poznań (registration address: ul. Kanclerska 15, 60-327 Poznań), entered into the Entrepreneurs Registry of the National Court Register under the number 0000347935, registry documents kept by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, share capital: 5 476 300,00 PLN, Tax ID: 7792369887.

4.2.        Payment deadline:
4.2.1.         If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract.
4.2.2.         If the Customer chooses cash on delivery, the Customer is obliged to make the payment upon delivery.
4.2.3.         In the case of payment by means of trade credit, the Customer is obliged to repay the trade credit within the period agreed individually with the Seller.

5.     TRADE CREDIT

5.1.        The Seller may grant trade credit to the Customer. When granting a trade credit to the Customer, the Seller shall indicate the maximum level of the Customer's debt.

5.2.        Trade credit shall be granted to the Customer prior to the conclusion of the second or subsequent Sales Contract on the basis of the Customer's written application for trade credit. The amount of trade credit and the payment term depend on the potential, needs, commercial opportunities, history and amount of transactions and the Seller's assessment of the Customer's payment credibility. If the Customer's credibility is assessed by the Seller, the Customer is obliged to make the relevant financial data available to the Seller.

5.3.        Once trade credit has been granted to the Customer, the Seller may amend or withdraw it at any time, in particular in the case of:
5.3.1.         the Customer fails to fulfil the provisions of the contracts concluded with the Seller;
5.3.2.         the Seller becoming aware of the state of the Customer's debts towards other counterparties which would make it impossible for the Customer to fulfil the provisions of the contracts concluded with the Seller.

5.4.        In the event that the Customer is in arrears with payments to the Seller, the Seller may refuse to accept further Orders from the Customer and, if necessary, suspend the execution of Orders in progress until the outstanding payment is received.

5.5.        The Customer to whom the Seller has granted trade credit undertakes to immediately notify the Seller in writing of the following:
5.5.1.         the filing of an application for bankruptcy of the Customer, as well as the reasons justifying this application,
5.5.2.         a change in the legal form of the Customer's enterprise, its name or its owners,
5.5.3.         any change affecting the Customer's ability to pay liabilities to the Seller.

5.6.        In the case of non-fulfilment of the above-mentioned information obligations, the Seller shall have the right to unilaterally withdraw from the concluded and not executed contracts and to put the receivables resulting from the contracts on the basis of which the Seller has already issued the Product into immediate maturity.

5.7.        The Customer shall not be entitled to make a declaration of deduction of any amounts due to the Seller (except for those which are not subject to deduction under mandatory general law), including in any case the right to deduct any amounts due in connection with the conclusion and performance of the contract.

6.     THE COST, METHODS AND DELIVERY TIME OF THE PRODUCT

6.1.        The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expreses a will to be bound by the Sales Contract.

6.2.        The Seller provides the Customer with the following methods of delivery of the Product:
6.2.1.         Courier parcel, courier on delivery parcel.
6.2.2.         Pallet shipment.

6.3.        The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. In the case of Products with different delivery deadlines, the delivery deadline is the longest given deadline, which, however, can not exceed 7 Business Days. The beginning of the delivery deadline of the Product to the Customer counts as follows:
6.3.1.         If the Customer chooses the method of payment by bank transfer, electronic or pay card payment - from the date of crediting the Seller's bank account or current account.
6.3.2.         If the Customer chooses cash on delivery payment - from the day of concluding the Sales Contract.
6.3.3.         In the event that the Customer chooses to pay by means of trade credit - from the date of conclusion of the Sales Contract.

7.     PRODUCT COMPLAINTS

7.1.        The Seller's liability under the warranty for the Product or non–compliance of the Product with the Sales Contract shall be excluded.

8.     ADDITIONAL PROVISIONS

8.1.        The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.

8.2.        The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.

8.3.        If the Customer fails to collect the parcel, the Seller, regardless of other rights, has the right to charge the Customer with a contractual penalty of PLN 150. Reserving the contractual penalty does not exclude and does not limit the claim for additional damages.

8.4.        The Service Provider may terminate a contract for the provision of an Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.8.5.        The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, not exceding however the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.

8.6.        All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.

9.     FINAL PROVISIONS

9.1.        The contracts concluded via the Online Shop are concluded in English.

9.2.        Change of Regulations:
9.2.1.         The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
9.2.2.         In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.
9.2.3.         In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contracts.

9.3.        In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.

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