TERMS AND CONDITIONS OF THE ONLINE STORE

§1. General provisions

1.1. These regulations (hereinafter: “Terms and Conditions”) define the rules for concluding and performing sales contracts in the online store www.viamilano.com.pl and the rights and obligations of the parties to these contracts.

1.2. Online store www.viamilano.com.pl hereinafter: www.viamilano.com.pl, referred to the point. 1.1., Is available at the Internet address: www.viamilano.com.pl

1.3. The online store is managed by Via Milano, hereinafter referred to as: the “Seller”), conducting business activity under the name: Via Milano Edyta Zawada, based in Andrychów, at Bl. S. Faustyny 83, postal code: 34-120, tax identification number 551-154-37-73, REGON: 120389172.

1.4. The subject of the Seller’s activity is the retail sale and wholesale of footwear (hereinafter collectively referred to as: “Products”).

1.5. The website www.viamilano.com.pl enables:

1.5.1. Obtaining information about Products available in the store www.viamilano.com.pl;

1.5.2. Submission of purchase offers by users, who have registered on the website www.viamilano.com.pl (hereinafter referred to as “Buyers”).

Available via the website indicated in point 1.2., Information, including descriptions of Products and indication of their prices, do not constitute offers within the meaning of the Act of 23 April 1964 – Civil Code, but are only invitations to submit a purchase offer by the Buyer (hereinafter referred to as the “Order”).

1.6. The registration by a person using the www.viamilano.com.pl online store, referred to point 1.5.2., Is tantamount to accepting the Terms and Conditions.

1.7. To use the www.viamilano.com.pl online store, including obtaining information about the Products, it is necessary to:

1.7.1. An active e-mail account (e-mail).

1.8. The Seller, to the fullest extent permitted by law, shall not be liable for any disruptions, including interruptions, in the operation of the www.viamilano.com.pl online store caused by force majeure, unlawful actions of a person or third parties or incompatibility of the www.viamilano.com.pl online store with technical infrastructure of people using or trying to use www.viamilano.com.pl

1.9. To the fullest extent permitted by law, the Seller is not responsible for non-delivery or delay in delivery of the item.

Orders resulting from providing incorrect or inaccurate data by the Buyer, including in particular an incorrect or inaccurate address of residence or registered office, delivery address, or an incorrect or inaccurate e-mail address.

1.10. To the fullest extent permitted by law, the Seller is not responsible for blocking the transmission of e-mails (or deleting e-mails) by administrators of mail servers or by software installed

on the computer of a person using the online store www.viamilano.com.pl, including through anti-spam filters.

§2. Orders

2.1. Purchases in the online store www.viamilano.com.pl can only be made by adult natural persons, legal persons and organizational units without legal personality, which are granted legal capacity by the law. A person purchasing in the online store www.viamilano.com.pl on behalf of the legal person or entity referred to in the preceding sentence, as well as on behalf of any third party (such as an employer), by making a purchase, declares that he / she is duly authorized to represent that person or entity.

2.2. The contract may only be concluded in Polish.

2.3. Orders in the www.viamilano.com.pl online store can be placed using the form available on the website indicated in point 1.2. Of the Terms and Conditions.

2.4. The order placement procedure referred to in point 2.3., Is each time ended with an effective click by the Buyer of the “Buy and pay” button, which is tantamount to confirmation by the Buyer that the order form has been completed correctly. This generates an automatic response of the system, which sends an e-mail to the address indicated in the form about the registration of the Order. Confirmation of receipt of the purchase offer does not constitute acceptance of the offer. As soon as the Seller immediately confirms the receipt of the Order referred to in the two preceding sentences, the offer is binding on the Buyer.

2.5. If the purchase is possible, an e-mail will be sent to the Buyer’s e-mail address confirming the acceptance of the Order for execution. Confirmation of the acceptance of the Order for execution is the Seller’s declaration of acceptance of the offer.

2.6. Orders are processed in the order in which they were submitted.

2.7. The Seller is entitled to introduce the maximum number of pieces of a given Product covered by one Order, as well as to introduce restrictions as to the methods of delivery or payment methods. Any restrictions referred to in the preceding sentence will be each time indicated on the page with the “Buy and pay” button referred to in point 2.4.

2.8. In exceptional cases (e.g. if the Product is out of stock or if the Seller cannot purchase the Product from suppliers within the period indicated as the approximate date of Product availability), it may not be possible to complete the transaction indicated in the Order. In such a situation, the Seller will inform the Buyer by e-mail about the state of affairs, within the time limit consistent with applicable regulations.

2.9. In the situation described in point 2.8. The Seller will propose to the Buyer:

2.9.1. cancellation of the Order (as defined in point 2.11.) in full;

2.9.2. cancellation of the Order (within the meaning of point 2.11.) in the part in relation to which the situation described in point 2.8.

2.10. If the Buyer does not choose any of the solutions described in point 2.9, the Seller will cancel the Order (within the meaning of point 2.11.) In the part in which the situation described in point 2.9.

and will perform the remaining part of the sales contract. 2.11. by canceling the Order referred to in point 2.9.1. and 2.9.2., it should be understood as the Seller’s contractual right of withdrawal, which is hereby reserved. This right may be exercised in the event of the situation described in point 2.8., taking into account the principles set out in point 2.9. and 2.10. This right may be exercised by the Seller within 30 (thirty) days from the conclusion of the sales contract with the Buyer.

§3. Prices and Payment

3.1. Product prices are given in Polish zlotys (PLN) and are gross prices. The given prices of Products do not include delivery costs, which depend on the selected method of order fulfillment, order value, carrier and weight of the Products. The total price with all costs, in particular delivery costs, is provided after the Buyer completes the form available on the website indicated in point 1.2. of the Terms and Conditions, immediately before the Buyer clicks the “Buy and pay” button.

3.2. The following payment methods are available to the Buyer:

3.2.1. ordinary transfer – made to the Seller’s bank account with the number: ACCOUNT NUMBER

3.2.2. cash on delivery – paid to the courier delivering the ordered Products;

3.2.3. cash payment in the case of personal collection of the Products

§4. Supply

4.1. The Products ordered by the Buyer are delivered in one of the following ways:

4.1.1. via courier;

4.1.2. Through personal collection of the ordered Products by the Buyer

4.2. The Buyer selects one of the delivery methods specified in point 4.1.1.-4.1.2. by selecting the appropriate item in the form referred to in point 2.3.

4.3. personal collection referred to in point 4.1.2., is possible only after prior agreement between the Buyer and the Seller of the date of receipt. In the absence of such an arrangement, the Seller does not guarantee the possibility of personal collection of the Product.

§5. Right of withdrawal

5.1. Within 14 (fourteen) days from the date of delivery of the Product, the Consumer may withdraw from the Product sales contract concluded with the Seller without giving any reason and without incurring costs other than: additional costs resulting from the consumer’s choice, other than the cheapest delivery method. In addition, the consumer is obliged to pay for the services provided until the withdrawal from the contract. The right of withdrawal referred to in the preceding sentence may be exercised by submitting a declaration on the form, the specimen of which is available in Annex 2

to the Consumer Rights Act of May 30, 2014 (as well as it is made available to the Consumer each time before placing the Order) or by submitting a statement on the website: www.viamilano.com.pl, but to meet the deadline indicated in the preceding sentence, it is sufficient to send the statement before its expiry to the seller’s address indicated in point 1.3. with the exception of products with damaged packaging, electronic components due to their sensitivity and brake hoses due to the fact that they are made to a specific order (according to the customer’s instructions, who chooses the color of the hose), they are not entitled to return, which is in accordance the Act currently in force, unless otherwise agreed prior to the purchase. Of course, if it turns out that the delivered product is not appropriate for some reason and does not match the model specified when placing the order, it is possible to replace it with a matching product.

5.2. The right of withdrawal referred to in point 5.1., The consumer is not entitled to the contracts:

5.2.1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;

5.2.2. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

5.2.3. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs;

5.2.4. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;

5.2.5. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery;

5.2.6. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;

5.2.7. in which the subject of the service are parts, the price of which was agreed upon conclusion of the sales contract, and the delivery of which may take place only after 30 days, and the value of which depends on fluctuations in the market over which the entrepreneur has no control;

5.2.8. in which the consumer has expressly demanded that the entrepreneur come to him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or items;

5.3. The Seller is liable to consumers for non-compliance of the Products with the contract under the terms of the warranty for defects specified in the Act – Civil Code of April 23, 1964. In the event of non-compliance of the Products with the contract, the consumer who has placed the Order this fact, the www.viamilano.com.pl online store, describing the identified non-compliance and indicating the manner of complaint processing. The appropriate address for submitting a complaint is the address indicated in point 1.3.

§6. Personal data protection and privacy policy

6.1. The www.viamilano.com.pl online store pays special attention to respecting the privacy of buyers. Respecting the Act of August 29, 1997 on the Protection of Personal Data11 and the Regulation of the Minister of Interior and Administration of April 29, 2004 on the documentation of personal data processing and technical and organizational conditions to be met by devices and IT systems used for data processing personal data, the www.viamilano.com.pl online store carefully selects and applies appropriate technical and organizational measures to ensure proper protection of the processed data. In particular, it protects data against disclosure to unauthorized persons, as well as against their processing in violation of applicable law. The online store exercises permanent control over the data processing process and limits access to data to the greatest possible extent, granting appropriate authorizations for processing only when it is necessary for the proper running of the www.viamilano.com.pl online store. As part of the implemented Information Security Policy and IT System Management Instructions, the online store www.viamilano.com.pl informs about the following, described below in point 6.2.-6.13. Buyers’ data protection rules.

6.2. The administrator of personal data collected by the online store www.viamilano.com.pl is Maribo Beata Kawa, who runs a business under the name of Via Milano Edyta Zawada, with its registered office in 34-120 Andrychów, (address: Bl.S.Faustyny 83 Street), identifying / s with NIP numbers: 551-154-37-73, REGON: 120389172 being the owner of the website www.viamilano.com.pl.

6.3. The collection of personal data of customers of the www.viamilano.com.pl online store and users of www.viamilano.com.pl (referred to in the Regulations as the “Buyer”) has been submitted for registration to the Inspector General for Personal Data Protection and is entered into the national register of personal data collections at number [_].

6.4. Buyers’ personal data is processed in accordance with the Act of August 29, 1997. on the protection of personal data and the regulation of the Minister of Internal Affairs and Administration of 29 April 2004 on the documentation of personal data processing and technical and organizational conditions to be met by devices and IT systems used to process personal data

6.5. The Buyers ‘personal data is processed on the basis of the Buyers’ consent and statutory authorizations authorizing the processing of data only for the purpose of implementing and settling contracts concluded by the Seller.

6.6. Providing any personal data to the Seller is voluntary, however, providing some data is a condition for concluding a contract with the Seller.

6.7. The data provided by Buyers during registration and when placing orders will be used for accounting purposes, to contact the Buyers in order to perform the contract and for other activities related to the performance of the contract by the Seller, as well as for other legally justified purposes within the meaning of the Act of 29 August 1997 about personal data protection.

6.8. Buyers’ data may be made available to entities authorized to receive them under applicable law, including the competent judicial authorities.

6.9. The Seller does not store any sensitive personal data of the Buyers.

6.10. Buyers’ data will be kept for no longer than is necessary to achieve the purpose of their processing, and then they will be deleted.

6.11. Buyers have the right to: 6.11.1. correct, supplement, update or rectify your personal data; 6.11.2. request the deletion of your personal data;

6.11.3. object to the processing of your personal data. For the above purposes, Buyers may send an e-mail to the address viamilano@onet.pl, or send a relevant request by registered mail to the address indicated in point 1.3.

6.12. The Seller uses the IP addresses collected during internet connections for technical purposes related to the administration of the www.viamilano.com.pl online store. In addition, IP addresses are used to collect general statistical information.

6.13. The Seller uses “cookies”. The information collected using “cookies” allows you to customize services and content to the individual needs and preferences of Buyers, as well as to develop general statistics on the use of the online store www.viamilano.com.pl. Disabling the option to save “cookies” in the web browser does not prevent the use of the www.viamilano.com.pl online store.

§7. Additional legal disclaimers

7.1. The content and structure of the website www.viamilano.com.pl are protected by copyright. Duplication of data or information, in particular the use of texts on the website, as well as their fragments and photos for purposes other than non-commercial without the consent of the authorized person is prohibited.

7.2. Pages and websites to which links can be found on the website available at the address indicated in point 1.2., have been prepared by third parties and therefore the Seller shall not be liable for any information, advice, opinions, suggestions and materials contained on these pages and services.

7.3. Product descriptions appearing in the www.viamilano.com.pl online store are for information and identification purposes only. These descriptions are provided in abbreviated form. Before using the Products, read the leaflet / instruction and any information on the packaging.

§8. Special provisions related to the provision of electronic services by www.viamilano.com.pl

8.1. If the online store www.viamilano.com.pl provides services electronically, in the scope of these services, the Regulations constitute the regulations for the provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services, subject to point 8.8.

8.2. The technical requirements necessary to cooperate with the ICT system used by the Seller are specified in point 1.7.

8.3. It is forbidden to provide unlawful content by people using the www.viamilano.com.pl online store.

8.4. The conclusion of the contract for the provision of electronic services takes place when the person using www.viamilano.com.pl starts and uses the service.

8.5. The contract for the provision of electronic services may be terminated on the terms set out in applicable law, as well as – to the extent permitted by applicable law – by submitting to the Seller in

writing (and sent to the address indicated in point 1.3. ) or sent by e-mail (to the e-mail address viamilano@onet.pl.) a statement on termination of the contract for the provision of electronic services, specifying the contract that is terminated.

8.6. The complaint procedure regarding services provided electronically is as follows:

8.6.1. persons who are service recipients of a given service may submit complaints regarding services provided electronically by the Seller; the complaint is submitted in writing (by sending it to the address indicated in point 1.3.) or via e-mail (sending it to the e-mail address indicated in point 8.5.);

8.6.2. the complaint should include:

8.6.2.1. designation of the recipient and his address or e-mail address;

8.6.2.2. designation of the service to which the complaint relates;

8.6.2.3. substantiation;

8.6.3. The Seller will make every effort to ensure that the complaints referred to in point 8.6.1. and 8.6.2., are dealt with without undue delay;

8.6.4. after resolving the complaint, the Seller will inform the person submitting the complaint about its acceptance or refusal to accept it (the information about the refusal to accept the complaint will contain a justification)

8.7. In order to meet the requirements of the act referred to in point 8.1., The Seller hereby informs that:

8.7.1. the use of services provided electronically via the Internet is associated with risk. The main threat is the possibility of infecting the ICT system by malware, including the so-called viruses, worms and Trojan horses. To avoid the risks associated with these, it is recommended that people using the online store www.viamilano.com.pl install anti-virus software on their device and update it on an ongoing basis.

8.7.2. The seller introduces cookies into the IT system used by the person using the online store www.viamilano.com.pl.

8.8. The Seller reserves the right to draw up separate regulations for specific services provided electronically. If such separate regulations are in force, the provisions of sec. 8.1.-8.7. does not apply to the service to which it relates.

§9. Complaints

9.1. The seller, as the seller, is liable to consumers on the terms of the warranty for defects regulated in the Civil Code (Act of 23 April 1964).

9.2. In the case of sales contracts in which the buyer is not a consumer, to the maximum extent permitted by law, the application of the provisions of Art. 556-576 of the Civil Code.

9.3. The term “consumer” used in point 9.1. and 9.2. it should be understood as a natural person who performs a legal transaction with an entrepreneur not directly related to his business or professional activity.

9.4. Complaints (including complaints about the operation of the www.viamilano.com.pl online store) may be submitted:

9.4.1. in writing, to the address indicated in point 1.3 .;

9.4.2. by e-mail, to the address indicated in point 8.5.

9.4.3. via the complaint form available in electronic version at: ADDRESS The Seller will make every effort to ensure that complaints are dealt with without undue delay.

§10. Final Provisions

10.1. The Seller applies the Code of Ethics available on the website of the Polish Chamber of Commerce, in its wording from the date of entry into force of the Terms an Conditions.

10.2. The Seller may change the Terms and Conditions without the consent of the Buyers, without giving reasons and at any time, subject to point 10.3. The changes referred to in the previous sentence do not limit the rights acquired by the Buyers before the changes came into force.

10.3. Each Buyer will be informed about the content of the amendments to the Terms and Conditions by placing a message on the website: www.viamilano.com.pl on the amendment of the Terms and Conditions, containing a list of amendments to the Regulations, and the message will be maintained on this website for a period of at least 10 (ten) subsequent calendar days, and in addition, the Buyer will be additionally notified by the Seller about the planned amendment to the Terms and Conditions by sending to the e-mail address information containing a list of amendments to the Regulations. The notification referred to in the preceding sentence will take place no later than 10 (ten) days prior to the introduction of changes to the Regulations. In the event of a refusal to accept the changes to the Regulations, the Buyer is obliged to notify the Seller of this refusal within 10 (ten) days from the notification referred to in the previous sentence, and such refusal is tantamount to the Buyer’s resignation from using the www.viamilano online store. com.pl and the authorization of the Seller to remove the Buyer’s account from the website. Lack of such refusal is tantamount to acceptance of the changes to the Regulations proposed by the Seller.

10.4. The numbers of points (points) referred to in the Regulations without any further designation mean the appropriate editorial units of the Regulations.

10.5. All names and descriptions of Products and logos of individual brands are used for identification purposes and may be protected under the provisions of the Act of June 30, 2000 – Industrial Property Law.

10.6. All persons using the www.viamilano.com.pl online store can access the Regulations at any time via the link on the website: www.viamilano.com.pl, copy the content to a file and print it.

RIGHT TO WITHDRAW FROM THE CONTRACT

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other

than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right to withdraw from the contract, you must inform Via Milano Edyta Zawada, based in 34-120 Andrychów (address: Bl.S.Faustyny 83 Street), viamilano@onet.pl about your decision to withdraw from this contract by way of an unequivocal statement for example, a letter sent by post or e-mail. In order to keep the deadline for withdrawing from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline for withdrawal.

Consequences of withdrawal from the contract.

In the event of withdrawal from this contract, we will refund all payments received from you, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest standard delivery method offered by us), immediately, and in any case no later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will reimburse the payment using the same payment methods that you used in the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees related to this return.

Update date: 2020-10-07 12:00:00