Regulations (terms of use) of the SWAG42 online store for entrepreneurs

§ 1

Introductory provisions

  1. The SWAG42 online store, available at the following web address my.swag42.com, is operated by SWAG42 Limited Liability Company with its registered office in Warsaw on Zwycięzców 2 St. / 1 floor, 03-938 Warsaw, KRS: 0000957590, NIP: 5213960548, REGON: 521519670.

  2. These regulations are addressed to entrepreneurs and define the rules and procedure for concluding a Sales Agreement with the entrepreneur via the Store.

§ 2

DEFINITIONS

  1. Seller - SWAG42 Limited Liability Company with its registered office in Warsaw on Zwycięzców 2 St. / 1 floor, 03-938 Warsaw, KRS: 0000957590, NIP: 5213960548, REGON: 521519670

  2. Customer - an entrepreneur making purchases through the Store.

  3. Website - a website maintained by the Seller at the following web address https://swag42.com/.

  4. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.

  5. Store - an online store operated by the Seller.

  6. Distance contract - contract concluded with the Customer as part of the Store, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.

  7. Regulations - these Regulations of the Store.

  8. Order - the Customer's declaration of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.

  9. Account - customer account in the Store, it contains data provided by the customer and information about orders placed by him in the store.

  10. Registration form - a form available on the Website, enabling the creation of an Account.

  11. Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.

  12. Cart - an element of the Store's software, in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data.

  13. Product - a movable item available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.

  14. Sales Agreement - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.

§ 3

Contact with the Store

  1. Seller's address: Zwycięzców 2 St. / floor 1, 03-938 Warsaw

  2. Seller's e-mail address: [email protected]

  3. Seller's telephone number: +48 662 428 687

  4. The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.

  5. The Customer may communicate with the Seller by telephone between 10 am and 5 pm.

§ 4

Technical requirements

In order to use the Shop, including browsing the Shop's product range and placing orders for Products, the following are necessary:

  1. a terminal device with access to the Internet and a web browser such as Internet Explorer, Safari, Mozilla Firefox, Chrome;

  2. active electronic mail (e-mail) account;

  3. cookies enabled.

§ 5

General information

  1. To the fullest extent permitted by law, the Seller is not responsible for disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized action of third parties or incompatibility of the Internet Store with the technical infrastructure of the Customer.

  2. Prices given in the Store are given in currency USD.

  3. The final (definitive) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transport, delivery and postal services), of which the Customer is informed on the pages of the Store when placing an Order.

  4. The goods offered for sale and their prices do not constitute an offer within the meaning of the provisions of the Civil Code, but only an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

§ 6

CREATING AN ACCOUNT IN THE SHOP

  1. In order to set up an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data:

    1. Name and surname of the person authorized to represent the Customer

    2. Name and address of the Customer's registered office

    3. E-mail address

    4. Customer's NIP

    5. Telephone number

  2. Creating an Account in the Store is free of charge.

  3. Logging into an Account takes place by providing a login and password established in the Registration Form.

  4. The Customer may at any time, without giving any reason and without incurring any fees for this, delete the Account by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses specified in § 3.

  5. The Customer shall be fully responsible for the actions of its employees and other persons to whom it provides its password and login.

  6. The Seller may deprive the Customer of the right to use the Account, as well as may restrict the Customer's access to part or all of the resources of the Account, with immediate effect, if the Customer violates the Terms and Conditions, and in particular if the Customer:

    1. is not an entrepreneur as defined in §2;

    2. has provided false, inaccurate or out-of-date data during registration, or data that is misleading or infringes the rights of third parties;

    3. has used the Shop to infringe the personal rights of third parties, in particular the personal rights of other customers;

    4. will engage in other behavior that will be considered by the Seller as violating the applicable laws or general rules of Internet use or harming the reputation of the Seller.

§ 7

Rules for placing an Order

In order to place an Order it is necessary to:

  1. select the products to be branded;

  2. make an application to prepare a design layout;

  3. approve design layout;

  4. add the product together with the design layout to the shopping cart to place the order;

  5. determine the quantity and delivery address and complete the order placement.

§ 8

Delivery and payment methods offered

  1. The Customer may use the following methods of delivery or collection of the ordered Product:

    1. Postal delivery;

    2. Courier delivery.

  2. The Customer may use the following payment methods:

    1. Payment by bank transfer to the Seller's account.

  3. Detailed information on delivery methods and acceptable payment methods can be found on the pages of the Store.

  4. The Customer indicates the delivery address of the ordered products in the Order form. The Seller does not verify the correctness of the indicated address. Any costs associated with providing an incorrect delivery address or failure to receive the parcel at the address provided are borne solely by the customer.

  5. The costs of delivery shall be borne by the Customer, unless the contract concluded between the parties provides otherwise.

  6. Receipt of goods is confirmed by the signature of an employee authorized by the Customer on the document or proof of delivery by the carrier.

  7. Upon receipt of delivery, the Customer shall inspect the conformity of the delivered goods and assess any damage to the packaging.

  8. In the event of non-conformity of the ordered goods with the delivered consignment, the Customer shall draw up a protocol with the carrier, which, after it has been signed by the Customer and the carrier, shall constitute the basis for lodging a complaint. The protocol should be submitted within 14 working days to the Seller.

  9. The products ordered in the Shop remain the property of the Seller until the sales price is paid in full.

§ 9

Contact with the Store

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Shop in accordance with § 7 of the Terms and Conditions. 2.

  2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for processing shall be made by the Seller sending to the Customer a relevant e-mail message to the Customer's e-mail address provided during the Order placement process, which contains at least the Seller's statements of receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the aforementioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.

§ 10

Personal data in the On-line shop

  1. The administrator of the personal data collected via the Online Store is the Seller.

  2. Personal data collected by the administrator via the Online Store are collected for the purpose of fulfilling the Sales Agreement, and if the Customer agrees - also for marketing purposes.

  3. Recipients of personal data may be:

    1. In the case of a Customer who uses the postal or courier delivery method in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator.

    2. In the case of a Customer who uses the electronic or credit card payment method in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the above payments in the Online Shop.

  4. The Customer has the right to access and correct his/her data.

  5. Provision of personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the inability to conclude the Sales Agreement.

§ 11

Protection of trade secrets

  1. The Customer shall be obliged to maintain strict confidentiality of any and all commercial, financial, organizational, technological, economic and other information concerning the Seller, received during the cooperation, regardless of the form in which it was provided, if such information is not made available to the public.

  2. The above does not apply if the disclosure of the information takes place at the request of the authorized state authorities under the relevant provisions of law. In such a situation, the Customer is obliged to inform the Seller about the disclosure of information within 7 days.

  3. This obligation extends to the entire period of cooperation, as well as for the period of 3 years after its termination.

  4. In the event of a breach of the obligation indicated in para. 1 obligation, the Seller has the possibility to claim compensation for the damage caused by unlawful disclosure of confidential information.

§ 12

Product complaint

  1. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the Product warranty towards the Customer is excluded.

§ 13

Severability clause

  1. The invalidity, if any, of individual provisions of these rules shall not affect the validity of the remaining provisions and agreements invalidity of the remaining provisions and agreements.

  2. The invalid provisions shall be replaced by valid provisions that most closely correspond to the economic purpose of the invalid provisions.

§ 14

Final provisions

  1. These Regulations shall enter into force on 07.10.2022.

  2. In matters not regulated herein the provisions of the Civil Code shall apply.

  3. Any comments and reports on violations of these Terms and Conditions should be sent to the following e-mail address: [email protected]. The Seller reserves the right to make changes to these Terms and Conditions. Any changes shall become effective upon their publication on the website of the Store.

  4. The Seller is not responsible for any damage resulting from downtime in the processing of Orders. In particular, the Seller shall not be liable for the Customer's lost profits.

  5. In case of any disputes, their parties will try to resolve them by negotiation, and in case of failure to reach an agreement, they will submit them for settlement to the competent court of jurisdiction for the seat of the Seller.

  6. Any queries regarding the use of the Store should be reported to the following e-mail address: [email protected].