WWW.STARLINGAHATS.COM ONLINE SHOP TERMS OF SERVICE

  1. GENERAL PROVISIONS

1.1 The Online shop available at WWW.STARLINGHATS.COM, is managed by Bogusław Szpak STARLING entered to the Central Registration and Information on Business of Poland, kept by the Minister applicable for business-related matters, with the place of performing business and mailing address as follows: Wapienicka 6a, 43-382 Bielsko-Biała, VAT No. 5471366795, REGON (Registration No.) 241484497 email address: starlinghats@gmail.com, telephone No.: +48664456359.

1.2 These Terms of Service apply to consumers and entrepreneurs using services of the Online Shop (with an exception of item 11 hereof, that only applies to entrepreneurs.

1.3 The Service Provider is the Administrator of personal data processed in connection to these Terms of Service. Personal data is processed for purposes, in the scope and on the basis of principles specified herein. The provision of personal data is voluntary. People whose personal data is processed by the Service Provider, have the right to access it as well as update and correct it.

1.4 Definitions:

1.4.1. BUSINESS DAY – Monday to Friday, excluding bank holidays applicable in Poland.

1.4.2. REGISTRATION FORM – a form available in the Online Shop enabling to create an Account.

1.4.3. ORDER FORM – Electronic Service; an interactive form available in the Online Shop making it possible to place an order, specifically through adding products to an electronic shopping cart and defining the conditions of the Sales Agreement, including the method of delivery and payment.

1.4.4. CUSTOMER – (1) natural person with full legal capacity, and in cases provided for by the applicable laws, also a natural person with limited legal capacity; (2) legal person; or (3) organisational unit without a legal person to which an act assigns a legal capacity; – that has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE – The Act on Civil Code of 23 April 1964 (Journal of Laws from 1964 No. 16 item 93, as amended).

1.4.6. ACCOUNT – Electronic Service; a collection of resources marked with an individual name (login) and password specified by the Customer in the Service Provider’s ICT system where data specified by the Customer and information about orders placed by them in the Online Shop is collected.

1.4.7. NEWSLETTER – Electronic Service; an electronic distribution service provided by the Service Provider via email which makes it possible to all customers using it to automatically receive cyclical newsletter content from the Service Provider with information about Products, news and special deals in the Online Shop.

1.4.8. PRODUCT – A movable good available in the Online Shop being the subject of the Sales Agreement concluded between the Customer and the Seller.

1.4.9. TERMS OF SERVICE – these Terms of Service of the Online Shop.

1.4.10. ONLINE SHOP – the Service Provider’s Online Shop available at www.starlinghats.com designed on the WordPress platform.

1.4.11 SELLER; SERVICE PROVIDER – Bogusław Szpak STARLING, entered to the Central Registration and Information on Business of Poland, kept by the Minister applicable for business-related matters, with the place of performing business and mailing address as follows: ul. Wapienicka 6a, 43-382 Bielsko-Biała, VAT No. 5471366795, REGON (Registration No.) 241484497, email address: starlinghats@gmail.com, telephone No.: +48664456359.

1.4.12. SALES AGREEMENT – an agreement for the sales of a product concluded between the Customer and Seller via the Online Shop.

1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Customer via the Online Shop.

1.4.14. CUSTOMER – (1) natural person with full legal capacity, and in cases provided for by the applicable laws, also a natural person with limited legal capacity; (2) legal person; or (3) organisational unit without a legal person to which an act assigns a legal capacity; – that uses or intends to use the Electronic Service.

1.4.15. CONSUMER RIGHTS ACT, ACT – an Act of 30 May 2014 on Consumer Rights (Journal of Laws from 2014 item 827, as amended).

1.4.16. ODER – a Customer’s statement of will submitted through the Order Form and directly aiming at concluding a Product Sales Agreement with the Seller.

  1. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1. The following Electronic Services are available in the Online Shop: Account and Order Form.

2.1.1 Account – use of the Account is possible after completing three steps by the customer – (1) filling out the Registration form, (2) clicking the “Create Account” button; and (3) confirming the wish to create an Account by clicking a confirmation link sent automatically to the specified email address. It is required for the Customer to specify the following data in the Registration Form: name and surname/company name, address (street, street number, flat/unit number, post code, city and country), email address, contact telephone number and password. In the case of Customers that are not consumers, it is also required to specify the name of company and VAT number.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Customer has the possibility of deleting the account (resigning from the Account) without specifying a reason by means of sending the appropriate request to the Service Provider, particularly via email to the following address starlinghats@gmail.com or in writing to the following mailing address: Starlinghats sp z o.o., ul. Wapienicka 6A, 43-382 Bielsko-Biała.

2.1.2. Order Form – the Order Form starts being used at the point when the Customer adds the first Product to the electronic cart in the Online Shop. An Order is placed after the Customer completes the following two steps: (1) fills out the Order Form and (2) clicks the “I confirm the purchase” button on the website of the Online Shop. Until this point it is possible to modify the entered data (for this purpose, follow the displayed message and information available on the website of the Online Shop). It is required for the Customer to specify the following data in the Order Form: name and surname/company name, address (street, street number, flat/unit number, post code, city and country), email address, contact telephone number as well as details regarding the Sales Agreement: Product(s), product quantity, place and method of delivery, payment method. In the case of Customers that are not consumers, it is also required to specify the name of company and VAT number.

2.1.2.1. The Order Form Electronic Service is provided free-of-charge. It is a single service and ends once the Order is placed using such a Form or once the order placement is ceased by the customer through the Form.

2.2. The technical requirements that have to be met in order to be compatible with the Service Provider’s ICT system are as follows: (1) desktop computer, laptop or a multimedia device with internet access; (2) access to email; (3) internet browser: Mozilla Firefox (11.0 or later versions), Internet Explorer (7.0 or later versions), Opera (7.0 or later versions), Google Chrome (12.0.0 or later versions); (4) recommended minimum display resolution: 1024×768; (5) Cookie and JavaScript support by the browser.

2.3. The Customer is obliged to use the Online Shop in a method that complies with the law and good customs, taking into account respect to personal property as well as copyright and intellectual property right of the Service Provider and third parties. The Customer is obliged to enter their true data. The Customer is not allowed to provide illegal content.

2.4. Complaint procedure mode:

2.4.1. The Customer may submit complaints regarding Electronic Service provision by the Service Provider as well as other complaints regarding the functioning of the Online Shop (excluding the Product complaint procedure that was indicated in items 6 and 7 hereof), in the following ways:

2.4.2. in writing to the following mailing address: Starling Hats sp z o.o., ul. Wapienicka 6A, 43-382 Bielsko-Biała

2.4.3. by email to the following address: starlinghats@gmail.com

2.4.4. It is recommended that the Customer specifies the following details in the complaint description: (1) information and circumstances regarding the subject of the complaint, especially the type and date of occurrence of irregularities; (2) request of the customer; and (3) contact details of the person submitting the complaint, which will simplify the complaint processing procedure completed by the Service Provider. The requirements specified in the above sentence are only recommendations and will not affect the outcome of complaints submitted while omitting the recommended description of the complaint.

2.4.5. The Service Provider will respond to the complaint immediately, but no later than within 14 calendar days of its submitting.

  1. CONDITIONS OF CONCLUDING A SALES AGREEMENT

3.1. A Sales Agreement is concluded between the Customer and Seller after the Customer places an Order through the Order Form in the Online Shop, according to item 2.1.2 hereof.

3.2. The Product Price seen on the website of the Online Shop is specified in PLN and includes taxes. The total price for the Product including taxes as well as the delivery cost (including the fee for transport, delivery and post services), as well as other costs, and if the amount of such costs cannot be determined, the information about the requirement for paying such costs will be presented to the Customer on the website of the Online Shop when placing the Order and also at the point of the Customer making a declaration of will that they wish to conclude a Sales Agreement.

3.3. The procedure of concluding a Sales Agreement in the Online Shop through the Order Form.

3.3.1. A Sales Agreement is concluded between the Customer and Seller after the Customer places an Order in the Online Shop, according to item 2.1.2 hereof.

3.3.2. After placing the Order, the Seller will immediately confirm its receipt and accept the Order for processing. A confirmation of receiving the Order and its acceptance for processing will take place by means of the Seller sending an appropriate email to the Customer, to the address specified at the point of placing the Order. Such an email from the Seller will contain at least the Seller’s statement on receiving the order and its acceptance for processing, as well as a confirmation of concluding a Sales Agreement. Once the above message is received by the Customer, a Sales Agreement between the Customer and Seller is concluded.

3.4. Storing, securing and providing the content of the concluded Sales Agreement to the Customer takes place through the following (1) publishing these Terms of Service on the website of the Online Shop and (2) sending the email specified in item 3.3.2. hereof, to the Customer. The content of the Sales Agreement is additionally stored and secured in the IT system of the Seller’s Online Shop.

  1. METHODS AND DATES OF PAYMENT FOR THE PRODUCT

4.1. The Seller ensures the following payment methods to the Customer, under the Sales Agreement:

4.1.1. Payment on collection of the shipment.

4.1.2. Payment by transfer to the Seller’s bank account.

4.1.3.. Bank: BZ WBK

4.1.4. Settlements of transactions completed by cards and electronic payments are made via Dotpay.pl

4.1.5. Electronic payments and payments by cards via the PayU service. The possible methods of payment are specified on the website of the Online Shop, on the “Payment Methods” page.

4.1.5.1. Settlements of transactions completed by electronic payments and cards will be made according to the Customer’s choice via the PayU service. Electronic and card payments are handled by:

4.2. Payment date:

4.2.1. In the case of payments made by transfer, electronic payments or payments made by cards, the Customer is obliged to make such a payment within 7 calendar days from concluding a Sales Agreement.

4.2.2 If the Customer chooses the payment on collection method, they will be obliged to make the payment upon collecting the shipment.

  1. COSTS, METHODS AND DATES OF DELIVERY AND COLLECTION OF PRODUCTS

5.1. The Products can be shipped to all countries of the EU.

5.2. Shipping costs apply, unless the Sales Agreement specifies otherwise. The cost of Product shipping (including fees for transport, delivery and post services) are presented to the Customer on the website of the Online Shop, on the “Shipping Costs” page and when the Order is placed, including when the Customer expresses their will to conclude the Sales Agreement.

5.3. The Seller provides the following methods of delivery or collection of the Product:

5.4.1. Courier shipping service, payment on collection courier shipping service.

5.5. The period for delivery of the Product to the Customer is 7 Business Days, unless the description of a given product or information presented when placing the Order specifies a shorter period. In the case of Products with various delivery dates, the longest specified delivery date applies, but it cannot exceed 7 Business Days. The delivery period of the Product to the Customer starts as follows:

5.5.1. If the Customer chose payment method by transfer, electronic payment or card: from the date when the bank account or settlement account of the Seller is credited with the payment amount.

5.5.2. If the Customer chose payment on collection: from the date of concluding the Sales Agreement.

5.6 If the Customer chose payment method by transfer, electronic payment or card: from the date when the bank account or settlement account of the Seller is credited with the payment amount.

  1. PRODUCT COMPLAINTS

6.1. The basis and scope of Seller’s responsibility towards the Customer, if the sold Product exhibits a physical or legal defect (statutory warranty), are defined in the applicable laws, particularly in the Civil Code.

6.2. The Seller is obliged to deliver a defect-free Product to the Customer.

6.3. A Complaint may be submitted by the Customer in one of the following ways:

6.3.1. in writing to the following mailing address: Starling Hats sp z o.o., 43-382 Bielsko-Biała, ul. Wapienicka 6A

6.3.2. by email to the following address: starlinghats@gmail.com

6.4 It is recommended that the Customer specifies the following details in the complaint description: (1) information and circumstances regarding the subject of complaint, particularly the type and date of defect occurrence; (2) request of the method of making the Product compliant with the Sales Agreement or a statement on reducing the price, or withdrawing from the Sales Agreement; and (3) contact details of the person submitting the complaint, which will simplify and speed up the complaint processing procedure by the Seller. The requirements specified in the above sentence are only recommendations and will not affect the outcome of complaints submitted while omitting the recommended description of the complaint.

6.5. The Seller will respond to the Customer’s complaint immediately, but no later than within 14 calendar days of its submitting. The Seller’s failure to respond to the complaint in the above period will mean that the Seller has accepted the complaint.

6.6. If it is necessary to supply the Product to the Customer in order to respond to the Customer’s complaint or to exercise the Customer’s rights resulting from the statutory warranty, the Customer will be asked by the Seller to send the Product to the Seller to the following address: Starling Hats Sp z o.o, ul. Wapienicka 6A, 43-382 Bielsko-Biała

6.7. The request to supply the Product according to item 6.6 hereof will not affect the period for the Seller to respond to the Customer’s complaint, according to item 6.5 hereof and it will not violate the rights of the Customer to request the Seller to exchange the Product for a defect-free Product or remedying the defect, according to Article 561[1] of the Civil Code.

  1. OUT-OF-COURT METHODS OF PROCESSING COMPLAINTS AND MAKING CLAIMS AS WELL AS THE PRINCIPLES OF ACCESSING SUCH PROCEDURES

7.1. Detailed information regarding the possibility of a Customer being a consumer using out-of-court methods of processing complaints and making claims as well as principles of accessing such procedures are available at the offices or websites of local (regional) consumer advocates, social organisations that are in charge of consumer protection as well as the Provincial Inspectorates of Trade Inspection.

7.2. A Customer being a consumer has the possibility of using the following exemplary out-of-court methods of processing complaints and making claims.

7.2.1. The Customer has the right to apply to a consumer arbitrary court, defined in Article 37 of the Act on Trade Inspection of 15 December 2000 (Journal of Laws from 2001 No. 4 item 25, as amended), for resolving a dispute resulting from a concluded Sales Agreement. The regulations applicable to the organisation and operation of consumer arbitrary courts is defined in the Ordinance of the Minister of Justice of 25 September 2001 on defining the regulations applicable to the organisation and operation of consumer arbitrary courts. Journal of Laws from 2001, No. 113, item 1214).

7.2.2. The Customer is entitled to apply to the Provincial Inspector from a Trade Inspection according to Article 36 of the Act on Trade Inspection of 15 December 2000 (Journal of Laws from 2001, No. 4, item 25, as amended), to start a mediation procedure regarding an amicable resolution of a dispute between the Customer and Seller. Information regarding the principles and mode of the mediation procedure conducted by the Provincial Inspector from a Trade Inspection is available in offices and on websites of particular Provincial Inspectorates of Trade Inspection.

7.2.3. The Customer may obtain free aid in relation to resolving a dispute between the Customer and Seller also benefiting from the local (regional) consumer’s advocate or a social organisation in charge of consumer protection (e.g. Consumer Federation, Polish Consumers’ Association). Advice is provided by the Consumer Federation at a free hotline number: 800 007 707 and by the Polish Consumers’ Association at the following email address: porady@dlakonsumentow.pl.

  1. THE RIGHT TO WITHDRAWAL

8.1. A Consumer who concluded an agreement remotely, may withdraw from such an agreement within 14 calendar days without specifying the reason or incurring costs, except for costs defined in item 8.8 hereof. In order to keep this deadline, a statement has to be sent prior to its lapse. A statement on withdrawal can be submitted in the following ways:

8.1.1. in writing to the following mailing address: Starling hats sp z o.o., Wapienicka 6A, 43-382 Bielsko-Biała

8.1.2. by email to the following address: starlinghats@gmail.com

8.2. A withdrawal template can be found in Annex no. 2 to the Act on Consumer Rights. A consumer may use the withdrawal template but this is not mandatory.

8.3. The period for withdrawal from the Agreement starts:

8.3.1 for Agreements where the Seller issues the Product being obliged to transfer its property (e.g. Sales Agreement) – to the point of becoming in possession of the Product by the consumer or a third party indicated by it, other than the carrier, and in the case of an agreement which: (1) covers numerous Products that are delivered separately, in batch or parts – from the moment of becoming in possession of the last Product, batch or part, or (2) covers regular deliveries of Products for a defined period – from the moment of becoming in possession of the first Product;

8.3.2. for other agreements – from the day of concluding such an agreement.

8.4. In the case of withdrawing from an agreement concluded remotely, such an agreement will be deemed not concluded at all.

8.5. The Seller is obliged to make a refund of all payments, including delivery costs to the consumer immediately, no later than within 14 calendar days from receipt of the statement on withdrawal, except for additional costs resulting from the delivery method selected by the Customer that differs from the cheapest standard method of delivery available in the Online Shop). The Seller will make a refund of the payment using the same payment method as the one used by the consumer unless the consumer clearly agreed for a different method of a refund that does not involve any additional costs to be incurred by the consumer. If the Seller did not propose to collect the Product from the consumer, it may withhold the refund of payments received from the consumer until the items are received or until the consumer provides a proof of their returning, depending on which takes place sooner.

8.6. The consumer is obliged to return the Product to the Seller or provide it to a person authorised by the Seller to collect the Product immediately but no later than within 14 calendar days from the date of withdrawal from the Agreement, unless the Seller proposed that it will collect the Product itself. In order to keep this deadline, the Product has to be sent back prior to its lapse. The consumer can return the Product to the Following address: Starling hats sp z o.o., Wapienicka 6A, 43-382 Bielsko-Biała

8.7. The consumer will be responsible for reducing the value of the Product resulting from its use in a way that exceeds the necessary means to confirm the character, features and functioning of the Product.

8.8. The possible costs related to the consumer’s withdrawal from the agreement that the consumer is obliged to incur:

8.8.1. If the consumer selected the method of delivering the Product that is not the standard cheapest method of delivery available in the Online Shop, the Seller is not obliged to make a refund of additional costs incurred by the consumer.

8.8.2. The consumer incurs direct costs of returning the Product.

8.8.3. In the case of a Product being a service whose provision started prior to the lapse of the period for withdrawing from the agreement (upon a clear request of the consumer), the consumer who exercises the right of withdrawal, after making such a request, is obliged to pay for the provisions completed until the date of withdrawal. The payment amount is calculated proportionally to the scope of the provided service, taking into account the price or remuneration defined in the agreement. If the price or remuneration are excessive, the basis for calculating this amount is the market value of the provided service.

8.9. The right to withdrawal from an agreement concluded remotely does not apply to a consumer in relation to the following agreements:

8.9.1. (1) on the provision of services if the Seller has fully provided the service with a clear consent of the consumer, who was notified prior to starting provision of the service that after the Seller provides the service, the Seller will lose the right to withdrawal from the agreement; (2) where the price or remuneration depends on fluctuations on the financial market, on which the Seller has no control and which can occur prior to the period for withdrawing from the agreement; (3) where a Product that is non-prefabricated and produced according to the consumer’s specification or whose purpose is to satisfy the consumer’s individual needs is the subject of the service provision; (4) where the subject of the service provision consists of a Product supplied in sealed packaging, which cannot be returned after opening the packaging due to health or hygienic reasons, if the packaging was opened after delivery; (5) where the service provision consists of Products that are integrally connected with other items after delivery, due to their character.

  1. PROVISIONS REGARDING COMPANIES

9.1. This item of the Terms of Service as well as the provisions contained in this item apply solely to Customers that are not consumers.

9.2. The Seller is entitled to withdraw from the Sales Agreement concluded with a Customer not being a consumer within 14 calendar days from its conclusion. Withdrawal from the Sales Agreement in such a case can take place without reason and will not create any rights to claims towards the Seller submitted by a Customer not being a consumer.

9.3. In the case of Customers that are not consumers, the Seller has the right to limit the available payment methods and also require a prepayment of the entire amount or its part, depending on the payment method selected by the Customer and the fact of concluding a Sales Agreement.

9.4. Once the Product is issued by the Seller to the carrier, benefits and obligations are transferred onto the Customer not being a consumer, regarding the Product, as well as the risk of incidental loss or damage of the Product. In such a case, the Seller will not be responsible for loss or damage of the Product created from the point of its acceptance for transport until its issue to the Customer, and for delay in transport.

9.5. If the Product is sent to the Customer via a carrier, the Customer not being a consumer is obliged to inspect the shipment within a period and in a method adopted for the type of such shipments. If a damage was done to the Product in transport, the Customer is obliged to complete all activities that are necessary to determine the responsibility of the carrier.

9.6. Pursuant to Article 558 § 1 of the Civil Code, the responsibility of a Seller due to statutory warranty for a Product towards a Customer not being a consumer, is excluded.

9.7. In the case of Customers not being consumers, the Service Provider may terminate the Agreement on the Provision of an Electronic Service with immediate effect and without specifying the reason by means of sending an applicable statement to the Customer.

9.8. The responsibility of the Service Provider/Seller towards a Customer not being a consumer, regardless of the  legal basis is limited – both in terms of a single claim and due to any claims in total – to the amount of the paid price and delivery costs under the Sales Agreement, but not exceeding the amount of PLN 1,000. The Service Provider/Seller is responsible towards a Customer not being a consumer only for a typical damage that is foreseeable at the moment of concluding an agreement and will not be responsible due to lost profits towards the Customer not being a consumer.

9.9. Any disputes arising between the Service Provider/Seller and the Customer not being a consumer will be subjected to a court with jurisdiction over the seat of the Service Provider/Seller.

  1. PERSONAL DATA IN THE ONLINE SHOP

10.1. The Seller is the Administrator of Personal data of Customers collected in the Online Shop.

10.2. Personal Data of Customers is collected by the Administrator through the Online Shop according to the will of the Customer in order to execute the Sales Agreement or an agreement on the provision of an Electronic Service.

10.3. Possible recipients of personal data of the Online Shop’s Customers:

10.3.1. In the case of a Customer who uses a post service or courier service as the delivery method in the Online Shop, the Administrator shares the collected personal data with the selected carrier or agent providing the shipping service upon order of the Administrator.

10.3.2. In the case of a Customer who chooses the electronic payment or card payment method, the Administrator shares the collected personal data with the selected entity handling the above payments in the Online Shop.

10.4. The Customer has the right to access their data and to correct it. A request in this regard, can be submitted in the following ways:

10.4.1. in writing to the following mailing address: Starling Hats sp z o.o., Wapienicka 6A, 43-382 Bielsko-Biała

10.4.2. Electronically by email to the following address: starlinghats@gmail.com

10.5. Providing personal data is voluntary but lack of providing the personal data indicated in the Terms of Service required to conclude a Sales Agreement or an agreement on the provision of an Electronic Service will result in an impossibility to conclude such an agreement. The data necessary to conclude a Sales Agreement or an agreement on the provision of an Electronic Service will be indicated each time on the website of the Online Shop prior to concluding a given agreement.

  1. FINAL PROVISIONS

11.1. Agreements concluded through the Online Shop are concluded in Polish.

11.2. Changes of the Terms of Service:

11.2.1. The Service Provider reserves the right to making changes to the Terms of Service due to important reasons such as: changes in the law; changes in the methods of payment and delivery – in the scope in which such changes affect execution of these Terms of Service.

11.2.2. In the case of concluding on-going agreements on the basis of these Terms of Service (e.g. on the provision of the Account Electronic Service), the amended Terms of Service will bind the Customer if the requirements specified in Article 384 and 384[1] of the Civil Code are met, i.e. the Customer was properly notified about the changes and did not terminate the Agreement within 14 days from notification. If a change to these Terms of Service results in introducing any new fees or increasing the current fees, a Customer being a consumer has the right to withdraw from the agreement.

11.2.3. In the case of concluding other agreements than on-going agreements under these Terms of Service (e.g. a Sales Agreement), changes to these Terms of Service will not violate the rights acquired by Customer being a consumer, prior to entry into force of the amended Terms of Service, in particular the changes to these Terms of Service will not affect Orders that are placed or were placed, or Sales Agreements that were concluded, are executed or were executed.

11.3. In matters not regulated herein, the respective provisions of the Polish law will apply, in particular: Civil Code; Act on Providing Electronic Services of 18 July 2002 (Journal of Laws from 2002, No. 144, item 1204, as amended); for Sales Agreement concluded after 25 December 2014 with Customers being consumers – the regulations of the Act on Consumer Rights of 30 May 2014 (Journal of Laws from 2014 item 827, as amended); and other respective provisions of the applicable laws.