Rules of the Online Shop
- The online shop of www.rocks-jeans.com is operated by ROCKS JEANS Spółka z ograniczoną odpowiedzialnością Spółka Komandytowa with its registered office in Zielona Góra, ul Wrocławska 17, 65-427 Zielona Góra, entered in the National Court Register under the number 0000721013, VAT No (NIP) 929-193-03-22, statistical ID (REGON) 368642816.
- These Rules are addressed mainly to Consumers and Enterprises that use the Shop. They provide for terms and conditions for using the Online Shop, as well as entering into distance Sales Agreements with the Customer via the Shop.
- Consumer: a private individual that enters into an agreement with the Seller at the Shop and the purpose of such an agreement is not directly connected with the individual’s business or professional activity.
- Seller/Service Provider: ROCKS JEANS Spółka z ograniczoną odpowiedzialnością Spółka komandytowa.
- Customer: any entity that does shopping via the Shop.
- Enterprise: a private individual, legal entity or unincorporated business unit that, by a separate statutory act, has legal capacity, and carries out business activity on its own behalf and uses the Shop.
- Shop: an online shop operated by the Seller at www.rocks-jeans.com.
- Distance agreement: an agreement concluded with the Customer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time at which the agreement is concluded.
- Rules: these Rules of the Shop.
- Order: the Customer’s statement made by the use of the Order Form and directly aimed at entering into the Product Sales Agreement with the Seller.
- Account: the Customer’s account with the Shop where data given by the Customer and information about the Customer’s Orders at the Shop are kept.
- Registration Form: a form available at the Shop and used to open the Account.
- Order Form: an interactive form available at the Shop to make the Order, in particular by adding Products to the Trolley and defining terms and conditions of the Sales Agreement, including the terms of delivery and payment.
- Trolley: an element of the Shop software where Products chosen by the Customer are visible and where the data of the Order, including in particular the quantity of products, can be still defined or modified.
- Product: a movable/service available at the Shop and subject to the Sales Agreement between the Customer and Seller.
- Sales Agreement: a product sales agreement entered into between the Customer and Seller via the Online Shop.
- Return Form: a form available at the Shop which enables withdrawal from the Sales Agreement.
Contact with the Shop
- Address of the Seller: ROCKS JEANS SP. Z O.O. SP. K. ul. Wrocławska 17, 65-427 Zielona Góra
- E-mail address of the Seller: firstname.lastname@example.org.
- Telephone of the Seller: +48 68 326 64 77.
- Fax of the Seller: +48 68 328 89 93.
- Bank account number of the Seller: IBAN: PL 02 1140 2004 0000 3202 77248442 BIC/SWIFT: BREXPLPWMBK
- The Customer may communicate with the Seller by the use of the above addresses and telephone numbers.
- The Customer may contact the Seller by phone: 9:00-17:00 from Monday to Friday.
Principles for the use of the Online Shop
- The Customer must use the Services offered by the Shop in compliance with legal regulations applicable in the Republic of Poland, these Rules and must not deliver any contents that are forbidden by commonly applicable legal regulations.
- The agreement on electronically provided services is deemed to have been entered into the moment relevant fields are effectively filled in and the registration form available on the website of the Shop is accepted by the Customer.
The Service Provider provides the following Services via the Online Shop:
- presents the Shop’s offer;
- enables the Customer to Order Goods and enter into distance sales agreements;
- informs the Customer about the status of the Customer’s Orders;
- enables the use the Account;
- delivers the Newsletter referred to in § 16 hereof.
- To use the Shop, browse goods offered by the Shop and order Products, the Customer must have:
- an end user device with an Internet access and an Internet browser;
- an active e-mail account;
- an enabled cookies option.
- To use the Online Shop safely, we recommend that the Customer’s device should be equipped with:
- an anti-virus system including the latest definition of viruses and updates and an effective firewall;
- all available safety updates of the operating system and Internet browser.
- The Customer shall be solely liable for contents submitted by the Customer to the Online Shop. In the event the Customer submits any content forbidden by law, the Seller shall have the right to remove it and terminate the agreement on electronically provided services with immediate effect.
- The agreement on electronically provided services is entered into for an unlimited period and may be terminated under terms and conditions set out by applicable legal regulations or these Rules. Termination of the agreement is synonymous with deleting the Customer’s account.
- Complaint handling procedure in relation to electronically provided services:
- the Customer may lodge a complaint in writing or by e-mail;
- the complaint should contain: the name, postal or e-mail address of the Customer;
- the name of the service subject to the complaint;
- having reviewed the complaint, the Service Provider will inform the complaining customer whether the complaint has been accepted or refused, provided that the refusal must be justified.
- The Service Provider informs that the provision of services in an electronic way via the Internet is connected with risk. The main threat is the telecommunications and IT system being infected with viruses, Trojan horses, etc. To avoid the threat, the Shop users are recommended to install and update anti-virus applications on an ongoing basis.
- The Service Provider uploads cookies, i.e. small fragments of texts that the website sends from the browser and that the browser sends back when the website is re-entered, to the IT system used by the Online Shop users. Cookies are mainly used to maintain a session, e.g. by generating and sending a temporary ID after logging. They may be, however, used to a greater extent to remember any data that may be coded as a sequence of characters. Thanks to the above, the User does not need to enter the same information every time he or she comes back to the website or enters another website from this website.
- To the greatest extent permitted by law, the Seller is not liable for disturbances or breaks in the operation of the Shop caused by Force Majeure, forbidden acts of third parties or incompatibility of the Online Shop with the Customer’s technical infrastructure.
- To browse the Shop’s offer, no Account needs to be opened. The Customer may order Products offered by the Shop upon either opening the Account in accordance with § 6 of these Rules or giving necessary personal data and address to perform the Order without opening the Account.
- Prices in the Shop are given gross in Polish zloty (they include VAT).
- The final amount payable by the Customer contains the price of the Product plus a delivery cost (including transport, shipment and post fees). The Customer will be informed about the final amount while placing the Order on the Shop’s website or expressing his or her will to enter into the Sales Agreement.
- If the character of the Product does not allow for reasonable calculation of the final price in advance, the information about the price calculation method and transport, shipment, post and other costs will be given in the Shop.
Opening the Account with the Shop
- To open the Account with the Shop, the Registration Form must be filled in. The following data must be given: first name, surname, e-mail address, telephone number, street and house number, town, postal code, country, voivodeship, password.
- The Account is opened with the Shop free of charge.
- The User can log into the Account by giving his or her logging and password given in the Registration Form.
- The Customer can delete the Account at any time without reason and any cost by sending a relevant request to the Seller, in particular by e-mail or in writing to addresses given in § 3.
Terms of Ordering
- To make an order, the Customer must familiarise himself or herself and accept these Rules and agree to have his or her personal data processed.
- The moment the order is submitted the sales agreement is deemed to have been offered, within the meaning of the Civil Code, by the Customer to the Service Provider.
- To make an order, the Customer must:
- log in the Shop (optionally);
- choose a Product to be ordered and then click “To trolley” or an equivalent button;
- log in or choose the “Order without registration option;
- if the Customer chooses to make an Order without registration, fill the Order Form by entering the Customer’s data and address where the Product is to be delivered, choose a Product delivery method, give invoicing data, if other than the Customer’s data;
- click “Order and pay” and choose one of payment methods and, depending on the payment method, pay for the Order in accordance with § 10.
- Having placed the Order, the Customer receives the confirmation that the Order has been received by the Shop, including the confirmation of all material elements of the Order, by e-mail.
- To take care of its permanent Customers, the Seller offers the following discount programme:
- 7% discount for account opening in accordance with § 6;
- 10% discount for collecting from 1000 to 3999 points;
- 15% discount for collecting more than 4000 points.
- Points are collected in accordance with the following principle: the Customer receives one point for each zloty (PLN 1.00) spent to buy the goods. Transport costs are not included in points for which a discount can be obtained.
- Points cannot be exchanged for cash.
- The discount for each subsequent purchase is in force without time limit when the threshold set out in Section 1 above is obtained, provided that the points are calculated automatically within 14 days of the purchase.
Delivery and payment methods offered
- The Customer may choose from the following methods of delivery and receipt of the Product ordered:
- courier or cash-on-delivery courier.
- The Customer may choose from the following methods of payment:
- cash on delivery;
- electronic payment.
- Detailed information about acceptable methods of delivery are published on the website of the Shop.
Performance of the Sales Agreement
- The Sales Agreement is entered into between the Customer and Seller when the Customer submits the Order by the use of the Order Form in the Online Shop in accordance with § 7 hereof.
- When the Order is submitted, the Seller will immediately confirm the receipt of the Order and accept the Order. To confirm that the Order has been received and accepted, the Seller sends a relevant e-mail message to the Customer to the Customer’s e-mail address given during the ordering procedure, including at least the Seller’s statement of Order receipt and acceptance, and the confirmation of the Sales Agreement. The moment the Customer receives the e-mail message, the Sales Agreement is deemed to have been entered between the Customer and Seller.
- If the Customer chooses:
- payment by transfer, electronic payment or card payment, the Customer must pay directly upon the Order having been submitted; otherwise, the order will be cancelled;
- cash on delivery, the Customer must pay on delivery;
- traditional transfer for foreign Customers, the Customer must make traditional transfer into the account given in § 3.5 hereof within 7 days of the Sales Agreement date. Otherwise, the Agreement will be deemed not to have been entered into.
- In the case Products of different delivery dates are ordered, the delivery time is deemed to be the longest period.
- The time of the delivery of the Product to the Customer is counted as follows
- if the Customer chooses bank transfer, electronic payment or card payment: from the day the Seller’s bank account is credited;
- if the Customer chooses cash on delivery: from the Sales Agreement date.
- The Product is delivered within the European Union.
- The delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The Product delivery cost (including transport and shipment costs) is published on the website of the Online Shop under “Information about delivery” and during the ordering procedures, as well as the moment the Customer informs that he or she is willing to enter into the Sales Agreement.
Right of withdrawal
- The Consumer has the right to withdraw from the Sales Agreement within 14 days without reason.
- The period set out in Section 1 above commences from the delivery of the Product to the Consumer or a person, other than a carrier, indicated by the Consumer.
- The Consumer has the right to withdraw from the Agreement by submitting a withdrawal form (“Return Form”) to the Seller. To meet the withdrawal deadline, it is enough that the User sends the statement before the end of the above period.
- The form may be sent by mail to the Seller’s address. The Seller’s contact data are given in § 3.
- Consequences of withdrawal
- In the event the Consumer withdraws from the distance agreement, the agreement is deemed not to have been entered into.
- In the case the Consumer withdraws from the agreement, the Seller will immediately, however no later than within 14 days upon the receipt of the Consumer’s statement of withdrawal, refund the payment made by the Consumer for Products subject to the agreement.
- The Seller will refund the payment by the use of the same payment method as the one used by the Consumer during the original transaction, unless the Consumer accepts a different solution which does not entail any costs to the Consumer.
- The Seller may withheld the refund of the payment until it receives the Product or an evidence that the product has been shipped, whichever is earlier.
- The Consumer should send the Product back to the Seller’s address given in these Rules immediately, however no later than within 14 days of the day the Seller has been informed about the withdrawal. This time limit is deemed to have been met if the Consumer sends the Product before the end of the 14-day period.
- The Consumer pays direct Product return costs and Product return costs if, given its character, the Product could not be sent in an ordinary way by mail.
- The Consumer is only responsible for the reduction of the value of the Product stemming from its use otherwise than necessary to check the character, properties and functionality of the Product.
- If, given the character of the Product, it cannot be sent by mail, the relevant information and costs of Product return will be incorporated into the description of the Product in the Online Shop.
Statutory defect warranty
- The Sales Agreements applies to new Products.
- If the Product bought from the Seller has a defect, the Customer is entitled to statutory defect warranty set out by the Civil Code.
- A complaint under the statutory defect warranty must be submitted in writing or by e-mail to the Seller’s address given herein.
- The complaint should include: a brief description of the defect, circumstances (including the date) of the occurrence of the defect, data of the complaining Customer, and the Customer’s request connected with the defect. It is also recommended to attach a photo of the defect. It is suggested that the Customer should attach the purchase evidence to improve the complaint handling process. When the complaint is reviewed, the Seller will inform the Customer about further procedures by e-mail.
- The Seller will respond to the complaint immediately, however no later than within 14 days.
Personal data in the Online Shop
- The Seller is a data controller of data collected from Customers via the Online Shop.
- The Customers’ personal data collected by the data controller via the Online Shop are collected to perform the Sales Agreement and, if the Customer agrees, for marketing purposes.
- Recipients of the personal data of the Online Shop Customers may:
- in the case of the Customer that would like to the Product bought at the Online Shop to be delivered by courier, the data controller shares the Customer’s personal data with a selected carrier or agent that delivers the Products at the data controller’s request;
- in the case of the Customer that pays for the Product by electronic payment or payment card, the data controller shares the Customer’s personal data with a selected operator of such payments at the Online Shop.
- The Customer has the right to access and correct his or her data.
- The data are given voluntarily. However, if the personal data set out herein are not given, the Sales Agreement cannot be entered.
- The total delivery time will not exceed 30 days from the submission of the order by the Customer. However, the Seller will use all efforts to deliver the Product as soon as possible. In the event of a delay, the Customer may fix an additional period for deliver and, if the Product is not delivered within such a period, the Customer may withdraw from the agreement.
2. The delivery time is usually shorter than 30 days and is as follows:
a. orders paid in advance are prepared and sent within 1 day of the receipt of the Customer’s payment;
b. orders with the cash-on-delivery option are prepared and sent within 1 day of the submission of the Customer’s order;
c. an average time of delivery by GLS courier is 48 hours from shipment;
d. an average time of delivery by GLS courier abroad is 5 days of shipment.
Delivery and collection of the Products ordered
- The following delivery or collection methods are available:
a. delivery by courier to the address specified by the Customer.
2. The cost of delivery in Poland is as follows:
a. for payment in advance and delivery by courier: PLN 9.90;
b. for cash-on-delivery payment and delivery by courier: PLN 14.90;
c. for orders above PLN 300, the delivery in Poland is free of charge.
3 Delivery abroad is possible for the following countries: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Slovakia, Slovenia, Sweden, the UK.
4. The cost of delivery abroad is consistent with the courier’s price list. The cost of delivery abroad is dependent on the place of destination and the weight of a parcel. The Customer will be informed about the delivery cost by choosing a relevant country in the trolley.
5. In accordance with the carriage law, if before collecting the parcel, it turns out to be defective or damaged, the Customer should request the carrier to immediately record the state of the parcel and circumstances of damages in writing. If the defect or damage that has not been visible from the outside on collection is found after the parcel is collected, the Customer should request the carrier to identify the state of the parcel immediately upon the discovery of the damage, however no later than within 7 days of the collection date.
- The Customer can order a Newsletter from the Shop. The Newsletter is sent solely to the Customers that order such a service.
- As part of the free Newsletter service, the Customer will receive an information in the form of an electronic letter by e-mail to the address given by the Customer. The Newsletter contains information about the Seller’s product offer, new collections, promotions.
- The Customer may change the e-mail where the Newsletter is to be sent or opt out of this service by sending a relevant request to the e-mail address given in § 3.2 above.
Other rights and obligations
- Either Party may terminate the agreement on electronically provided services at any time without reason, however in such a case either Party retains rights acquired before the termination.
- To terminate the agreement on electronically provided services, the registered Customer must close the account on his or her own by submitting such an instruction or request, but in the case of the request to delete the Account, the agreement is terminated upon the five-day notice period.
- To terminate the agreement on electronically provided services, the Service Provider must inform the Customer by e-mail to the address given during the registration 14 days in advance before the account deletion date.
- The Service Provider has the right to withdraw from the provision of services in an electronic way with immediate effect if the Customer violates the provisions of these Rules.
- The agreements entered into by the Online Shop are made in Polish.
- The Seller reserves the right to amend these Rules for important reasons, like: changes in legal regulations, terms of payment and delivery, to the extent such changes influence the provisions of these Rules. The Seller will inform the Customer about each change at least 7 days in advance.
- All matters not provided for herein are governed by commonly applicable legal regulations, including in particular: the Civil Code, the Act on Electronic Service Provision, the Consumer Rights Act, the Personal Data Protection Act.