Regulamin

3. The customer should make payment for the order in the amount resulting from the

concluded Sales Agreement within 2 Business Days, if he has chosen the form of
prepayment.
4. In the event of failure of the parties to the contract to perform their obligations within a
strictly defined period of time, resulting from the concluded Sales Contract, the
authorized party may, in the event of the other party's default, withdraw from the
contract without setting an additional date, in accordance with Article 492 of the Civil
Code. Withdrawal from the contract may take place within 12 hours of the conclusion of
the Sales Agreement. The above entitlement applies in particular in the situation of the
Customer's failure to make payment for the order placed within the strict deadline
indicated above. In such a situation, after the ineffective expiration of the deadline for
payment, the Seller will send the Customer on a durable medium a statement of
withdrawal from the contract on the basis of Article 492 of the Civil Code.
§ 6 Delivery
1. The Seller performs Delivery in the territory of the European Union and the United
Kingdom.
2. The Seller is obliged to deliver the Goods in accordance with the Sales Agreement.
3. The Seller shall post on the Store's Website information about the number of Business
Days required for Delivery and processing of the order.
4. The Delivery and Order Fulfillment Period indicated on the Store's Website is calculated
in Business Days in accordance with §5(2) of the Terms and Conditions.
5. The ordered Goods are delivered to the Customer via the Supplier at the address
indicated in the order form.
If InPost Sp. z o.o., based in Krakow, Poland, is selected as the Supplier, the Delivery
address will be the address of the parcel machine selected by the Customer at the time
of placing the order.
6. The Customer is obliged to examine the delivered shipment at the time and in the
manner usual for shipments of a given type. If the shipment is found to be defective or
damaged, the Customer has the right to demand that an employee of the Supplier write
an appropriate protocol.
7. The Seller shall attach to the shipment being delivered, a VAT invoice covering the
delivered Goods.
In order to receive a VAT invoice, the Customer should declare at the time of purchase
that he/she is purchasing the Goods as an Entrepreneur (taxpayer). Declaration of the
above declaration is made by marking the appropriate field in the order form, before
sending the order to the Seller.
8. In the event of the Customer's absence at the address specified by the Customer, given
when placing the order as the Delivery address, an employee of the Supplier will leave
an advice letter or attempt to contact the Customer by telephone to arrange a date
when the Customer will be present. In the event that the ordered Goods are returned to
the Online Store by the Supplier, the Seller will contact the Customer by e-mail or
telephone, setting again with the Customer the date and cost of Delivery.
§ 7 Warranty for Entrepreneurs1. The Seller shall ensure Delivery of Goods free of defects. The Seller shall be liable to the
Entrepreneur if the Goods have a defect.
2. If the Goods have a defect, the Entrepreneur may:
a) make a statement about reducing the price or withdrawing from the Sales
Contract, unless the Seller immediately and without excessive inconvenience for
the Entrepreneur replaces the defective Goods with defect-free ones or removes
the defect.
This limitation does not apply if the Goods have already been replaced or
repaired by the Seller or the Seller has failed to comply with the obligation to
replace the Goods with defect-free Goods or remove defects. The Entrepreneur
may, instead of the removal of defects proposed by the Seller, demand
replacement of the Goods with defect-free Goods or, instead of replacement of
the Goods, demand removal of defects, unless bringing the Goods into
conformity with the agreement in the manner selected by the Entrepreneur is
impossible or would require excessive costs in comparison with the manner
proposed by the Seller. When assessing the excessiveness of costs, the value of
the Goods free from defects, the type and significance of the defect found shall
be taken into account, as well as the inconvenience to which the Entrepreneur
would be exposed by another way of satisfaction.
The entrepreneur may not withdraw from the Sales Contract if the defect is
insignificant.
b) demand to replace the Defective Goods with defect-free or remove the defect.
The Seller shall replace the Defective Goods with defect-free Goods or remove
the defect within a reasonable time without undue inconvenience to the
Entrepreneur.
The Seller may refuse to satisfy the request of the Entrepreneur if bringing the
defective Goods into conformity with the Contract of Sale in the manner chosen
by the Entrepreneur is impossible or in comparison with the other possible way
of bringing them into conformity with the Contract of Sale would require
excessive costs. The cost of repair or replacement shall be borne by the Seller.
3. The Seller shall be liable under the warranty if a physical defect is discovered before the
expiration of two years from the release of the Goods to the Entrepreneur. The claim for
removal of the defect or replacement of the Goods with defect-free Goods shall become
time-barred after one year, but this period cannot end before the expiration of the
period specified in the first sentence. Within this period, the Entrepreneur may
withdraw from the Sales Contract or make a statement of price reduction due to a
defect in the Goods. If the Entrepreneur has demanded replacement of the Goods with
defect-free Goods or removal of the defect, the time limit for withdrawal from the Sales
Contract or submission of a statement on price reduction shall begin upon ineffective
expiration of the time limit for replacement of the Goods, or removal of the defect
4. An entrepreneur who exercises warranty rights is obliged to deliver the defective thing
to the Seller's address. The cost of delivery shall be covered by the Seller.
5. Any complaints related to the Goods or the implementation of the Sales Contract, the
Entrepreneur may address in writing to the address of the Seller6. The Seller shall, within 14 days from the date of the request containing the complaint,
respond to the complaint of the Goods or the complaint related to the execution of the
Sales Contract submitted by the Entrepreneur.
§ 8 Non-conformity of goods with the contract
Complaint of the Consumer and the Entrepreneur with the rights of the Consumer
1. Goods are in conformity with the contract if, in particular, their conformity remains:
a) description, type, quantity, quality, completeness and functionality, and for goods
with digital elements - also compatibility, interoperability and availability of
updates;
b) suitability for the specific purpose for which it is needed by the Consumer or
Entrepreneur with the rights of the Consumer, which the Consumer or
Entrepreneur with the rights of the Consumer, notified the Seller at the latest at
the time of the conclusion of the contract and which the Seller accepted.
2. In addition, the Goods, in order to be considered in compliance with the contract, must:
a) be suitable for the purposes for which Goods of this type are normally used,
taking into account applicable laws, technical standards or good practices;
b) occur in such quantity and have such characteristics, including Durability and
safety, and with respect to Goods with digital elements - also functionality and
compatibility, as are typical for Goods of this type and which the Consumer or
Entrepreneur with the rights of the Consumer may reasonably expect, taking into
account the nature of the Goods and the public assurance made by the Seller, its
legal predecessors or persons acting on their behalf, in particular in advertising or
on the label, unless the Seller demonstrates that:
a. did not know about the public assurance in question and, judging
reasonably, could not have known about it;
b. prior to the conclusion of the public assurance has been rectified in
accordance with the terms and form in which the public assurance was
given, or in a comparable manner;
c. Public assurance did not affect the decision of the Consumer or the
Entrepreneur with the powers of the Consumer to enter into a contract.
c) be delivered with packaging, accessories and instructions, which the Consumer
or the Entrepreneur with the rights of the Consumer may reasonably expect to
be delivered;
d) be of the same quality as the sample or design that the Seller made available to
the Consumer or the Entrepreneur with the rights of the Consumer prior to the
conclusion of the contract, and correspond to the description of such sample or
such design.
3. The Seller shall not be liable for the lack of conformity of the Goods with the contract to
the extent referred to in §8.2, if the Consumer or Entrepreneur with the rights of the
Consumer, at the latest at the time of the conclusion of the contract, was clearly
informed that a specific feature of the Goods deviates from the requirements of
conformity with the contract specified in §8.2, and expressly and separately accepted
the lack of a specific feature of the Goods.4. The Seller shall be liable for the lack of conformity of the Goods with the contract
existing at the time of delivery and disclosed within two years from that time, unless the
term of usefulness of the Goods, as determined by the Seller, its legal predecessors or
persons acting on their behalf, is longer. The lack of conformity of the Goods with the
contract, which became apparent before the expiration of two years from the time of
delivery of the Goods, shall be presumed to have existed at the time of delivery, unless
the contrary is proven or the presumption cannot be reconciled with the specifics of the
Goods or the nature of the lack of conformity of the Goods with the contract.
5. The Seller may not rely on the expiration of the time limit for determining the lack of
conformity of the Goods with the contract specified in §8.4, if he has deceitfully
concealed this lack.
6. If the Goods are not in conformity with the contract, the Consumer or Entrepreneur
with the rights of the Consumer may demand repair or replacement.
7. The Seller may make an exchange when the Consumer or Entrepreneur with the rights
of the Consumer demands repair, or the Seller may make a repair when the Consumer
or Entrepreneur with the rights of the Consumer demands replacement, if bringing the
Goods into conformity with the contract in the manner chosen by the Consumer or
Entrepreneur with the rights of the Consumer is impossible or would require excessive
costs for the Seller. If repair and replacement are impossible or would require excessive
costs for the Seller, he may refuse to bring the Goods into conformity with the contract.
8. In assessing the excessiveness of the costs for the Seller, all the circumstances of the
case are taken into account, in particular the importance of the non-conformity of the
Goods with the contract, the value of the Goods in conformity with the contract and the
excessive inconvenience to the Consumer or the Entrepreneur with the rights of the
Consumer arising from the change in the manner of bringing the Goods into conformity
with the contract.
9. The Seller shall repair or replace the Goods within a reasonable time from the moment
the Seller was informed by the Consumer or Entrepreneur with the rights of the
Consumer of the lack of conformity with the contract, and without undue inconvenience
to the Consumer or Entrepreneur with the rights of the Consumer, taking into account
the specifics of the Goods and the purpose for which the Consumer or Entrepreneur
with the rights of the Consumer purchased them. The cost of repair or replacement,
including in particular the cost of postage, transportation, labor and materials, shall be
borne by the Seller.
10. The Consumer or Entrepreneur with the rights of the Consumer shall make the Goods
subject to repair or replacement available to the Seller. The Seller shall collect the Goods
from the Consumer or Entrepreneur with the rights of the Consumer at his expense.
11. The Consumer or Entrepreneur with the rights of the Consumer is not obliged to pay for
the ordinary use of the Goods, which are subsequently replaced.
12. If the Goods are inconsistent with the contract, the Consumer or the Entrepreneur with
the rights of the Consumer may make a statement of price reduction or withdrawal from
the contract when:
a) The Seller refused to bring the Goods into conformity with the contract in
accordance with §8.7 above;
b) The Seller failed to bring the Goods into conformity with the contract in
accordance with §8 paragraph 9 to above;c) the lack of conformity of the Goods with the contract continues, despite the fact
that the Seller tried to bring the Goods into conformity with the contract;
d) the lack of conformity of the Goods with the contract is so significant that it
justifies a reduction of the price or withdrawal from the contract without first
resorting to the means of protection specified from §8.6 to above;
e) it is clear from the Seller's statement or circumstances that he will not bring the
Goods into conformity with the contract within a reasonable time or without
undue inconvenience to the Consumer or Entrepreneur with the rights of the
Consumer.
13. The seller is obliged to respond to the consumer's complaint within 14 days of receipt.
14. The Seller shall return to the Consumer or Entrepreneur with the rights of the
Consumer, the amounts due as a result of exercising the right to reduce the price
immediately, no later than within 14 days from the date of receipt of the statement of
the Consumer or Entrepreneur with the rights of the Consumer about the price
reduction.
15. A Consumer or Entrepreneur with the rights of a Consumer may not withdraw from the
contract if the lack of conformity of the Goods with the contract is immaterial. The lack
of conformity of the Goods with the contract is presumed to be material.
16. If the lack of conformity applies only to some of the Goods delivered under the contract,
the Consumer or Entrepreneur with Consumer Rights may withdraw from the contract
only with respect to those Goods, as well as with respect to other Goods purchased by
the Consumer or Entrepreneur with Consumer Rights together with the non-conforming
Goods, if the Consumer or Entrepreneur with Consumer Rights cannot reasonably be
expected to agree to keep only the conforming Goods.
17. In the event of withdrawal from the contract, the Consumer or Entrepreneur with the
rights of the Consumer shall immediately return the Goods to the Seller at his expense.
The Seller shall return the price to the Consumer or Entrepreneur with the rights of the
Consumer immediately, no later than within 14 days from the date of receipt of the
Goods or proof of their return.
18. The Seller shall refund the price using the same method of payment used by the
Consumer or Entrepreneur with the rights of the Consumer, unless the Consumer or
Entrepreneur with the rights of the Consumer expressly agreed to a different method of
return that does not involve any costs for him.
19. The seller does not use the out-of-court dispute resolution referred to in the Law of
September 23, 2016 on out-of-court resolution of consumer disputes.
§ 9 Withdrawal from the Sales Agreement
1. A Customer who is a Consumer and an Entrepreneur with the rights of a Consumer who
has entered into a Sales Contract may withdraw from it within 14 days without stating a
reason.
2. The period for withdrawal from the Sales Contract shall begin from the moment the
Consumer, the Entrepreneur with the rights of the Consumer or a third party other than
the carrier designated by them takes possession of the Goods.
A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from the
Sales Contract by submitting a statement of withdrawal to the Seller. This statementmay be submitted, for example, in writing to the address of the Seller, ie: UM PRAZER
SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, 27/10 Majolikowa Street (03-125),
Warsaw, or by e-mail to the Seller's address, i.e.: shop@umprazer.com. The declaration
may be submitted on a form, the specimen of which has been posted by the Seller on
the Store's Website at: Withdrawal form. To meet the deadline it is sufficient to send the
statement before its expiration.
A Consumer and an Entrepreneur with the rights of a Consumer may withdraw from the
Sales Contract by submitting a withdrawal statement to the Seller via the form made
available on the website at: Electronic Withdrawal Form. To meet the deadline it is
sufficient to send the statement before its expiration. The Seller shall immediately
confirm to the Consumer and the Entrepreneur with the rights of the Consumer the
receipt of the form submitted via the website.
3. In the event of withdrawal from the Sales Contract, it is considered not concluded.
4. If the Consumer or Entrepreneur with the rights of the Consumer made a statement of
withdrawal from the Sales Contract before the Seller accepted his offer, the offer ceases
to be binding.
5. The Seller is obliged to return all payments made by the Consumer, including the cost of
Delivery of the Goods to the Consumer, or Entrepreneur with the rights of the
Consumer, immediately, no later than within 14 days from the date of receipt of the
statement of the Consumer, or Entrepreneur with the rights of the Consumer, about
withdrawal from the Sales Contract. The Seller may withhold reimbursement of
payments received from the Consumer, or an Entrepreneur with the rights of the
Consumer, until it receives back the Goods, or the Consumer, or an Entrepreneur with
the rights of the Consumer, provides the Consumer, or an Entrepreneur with the rights
of the Consumer, with proof of return of the Goods, whichever event occurs first.
6. If the Consumer or Entrepreneur with the rights of the Consumer exercising the right of
withdrawal has chosen a method of delivery of the Goods other than the cheapest
ordinary method of delivery offered by the Seller, the Seller shall not be obliged to
reimburse the Consumer or Entrepreneur with the rights of the Consumer for the
additional costs incurred by him.
7. The Consumer or Entrepreneur with the rights of the Consumer is obliged to return the
Goods to the Seller immediately, but no later than within 14 days from the date on
which he withdrew from the Sales Contract. To meet the deadline it is sufficient to
return the Goods to the Seller's address before the expiration of this period.
8. In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with
the rights of a Consumer shall bear only the direct costs of return.
9. If, due to its nature, the Goods cannot be returned by mail in the usual manner, the
Seller shall inform the Consumer and the Entrepreneur with the rights of the Consumer
about the cost of returning the item on the Store's Website.
10. The Consumer and the Entrepreneur with the rights of the Consumer shall be liable for
any diminution in the value of the Goods resulting from the use of the Goods beyond
what is necessary to ascertain the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment using the same method of payment used by the
Consumer or Entrepreneur with the rights of the Consumer, unless the Consumer orEntrepreneur with the rights of the Consumer expressly agreed to a different method of
return that does not involve any costs for him.
§ 10 Free services
1. The Seller provides services to Customers, electronically, free of charge:
a) Contact form;
b) Maintaining a Customer Account;
c) Product inquiry.
2. The services indicated in §10.1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, forms, time and manner of
granting access to the selected listed services, of which it will inform the Customers in a
manner appropriate for changing the Terms and Conditions.
4. The Contact Form service involves sending a message to the Seller using a form on the
Store's Website.
5. Cancellation of the free Contact Form service, is possible at any time and consists in
ceasing to send inquiries to the Seller.
6. The Ask a Product service involves sending a message to the Seller using a form on the
Store's Website.
7. Cancellation of the free Ask a Product service is possible at any time and consists in
ceasing to send inquiries to the Seller.
8. The Customer Account Service is available after registration according to the rules
described in the Terms and Conditions and consists in providing the Customer with a
dedicated panel within the Store's Website, allowing the Customer to modify the data
he/she provided during Registration, as well as to track the status of orders and the
history of orders already completed.
9. A Customer who has registered may submit a request to the Vendor to remove the
Customer's Account, however, if the Vendor requests the removal of the Customer's
Account, it may be removed up to 14 days after the request.
10. The Seller shall be entitled to block access to the Client's Account and free services, in
case of the Client's actions to the detriment of the Seller, i.e. conducting advertising
activity of another entrepreneur or product; activity consisting in posting content not
related to the activity of the Seller; activity consisting in posting false or misleading
content , as well as in the case of Client's activity to the detriment of other Clients,
Client's violation of the law or the provisions of the Terms and Conditions, and also
when blocking access to the Client's Account and free services is justified by security
reasons - in particular: Client's breaking the security of the Store's Website or other
hacking activities. The blocking of access to the Customer's Account and free services
for the aforementioned reasons lasts for the period of time necessary to resolve the
issue underlying the blocking of access to the Customer's Account and free services. The
Seller shall notify the Customer of the blocking of access to the Customer's Account and
free services by e-mail to the address provided by the Customer in the registration form.
11. The Customer may submit a complaint to the Seller in connection with the use of free
services provided electronically by the Seller. A complaint may be submitted, forexample, in electronic form and sent to umprazer.jeans@gmail.com or through the
Customer Account, according to the rules described on the Store's Website. The
Customer should include a description of the problem in the complaint. The Seller shall
immediately, but no later than within 14 days, consider the complaint and provide the
Customer with a response.
§ 11 Customer's responsibility with respect to content posted by the customer
1. By posting content and making it available, the Customer is voluntarily distributing the
content. The posted content does not express the views of the Vendor and should not
be equated with its activities. The Vendor is not a content provider, but only an entity
that provides appropriate ICT resources for this purpose.
2. The customer declares that:
a) is entitled to use the author's economic rights, industrial property rights and/or
related rights to - respectively - works, objects of industrial property rights (e.g.
trademarks) and/or objects of related rights that make up the content;
b) the placement and sharing of personal data, image and information regarding
third parties within the services referred to in §10 of the Regulations has
occurred legally, voluntarily and with the consent of the persons concerned;
c) consents to the viewing of the published content by other Customers and the
Seller, as well as authorizes the Seller to use it free of charge in accordance with
the provisions of these Regulations;
d) agrees to develop works within the meaning of the Law on Copyright and Related
Rights.
3. The customer is not entitled to:
a) posting, in the course of using the services referred to in §10 of the Regulations,
personal data of third parties and disseminating images of third parties without
the legally required permission or consent of the third party;
b) posting advertising and/or promotional content as part of the use of the services
referred to in §10 of the Regulations.
4. The Seller shall be liable for the content posted by Customers, provided that it has
received notification in accordance with §12 of the Terms and Conditions.
5. It is forbidden for Customers to post content in the use of services referred to in §10 of
the Regulations, which could, in particular:
a) be posted in bad faith, e.g. with the intention of violating the personal rights of
third parties;
b) infringe any rights of third parties, including rights related to the protection of
copyright and related rights, the protection of industrial property rights, business
secrets or having to do with confidentiality obligations;
c) have an offensive nature or constitute a threat directed to other persons, would
contain vocabulary that violates good morals (for example, through the use of
vulgarisms or terms generally considered offensive);d) be in conflict with the interests of the Seller, i.e. content that constitutes
advertising material of another business or product; content that is not related to
the business of the Seller; false or misleading content;
e) violate in any other way the provisions of the Regulations, good morals,
provisions of applicable law, social norms or customs.
6. In the event of receipt of a notification in accordance with §12 of the Terms and
Conditions, the Seller reserves the right to modify or remove content posted by
Customers as part of their use of the services referred to in §10 of the Terms and
Conditions, in particular with regard to content which, based on reports from third
parties or relevant authorities, has been found to be in violation of these Terms and
Conditions or applicable laws. The Seller does not conduct ongoing monitoring of
posted content.
7. The customer agrees that the Seller may use the content posted by the customer on the
Store's Website free of charge.
§ 12 Reporting a threat or violation of rights
1. If the Customer or any other person or entity believes that the content published on the
Store's Website violates their rights, personal rights, good morals, feelings, morality,
beliefs, principles of fair competition, know-how, secrets protected by law or under an
obligation, they may notify the Seller of the potential violation.
2. The Seller notified of a potential violation shall take immediate action to remove from
the Store's Website, the content causing the violation.
§ 13 Protection of personal data
1. The principles of protection of Personal Data are posted in the Privacy Policy.
§ 14 Termination of the agreement (does not apply to Sales Agreements)
1. Both the Customer and the Seller may terminate the contract for the provision of
electronic services at any time and without giving reasons, subject to the preservation
of the rights acquired by the other party before the termination of the aforementioned
contract and the provisions below.
2. A Customer who has made a Registration, terminates the contract for the provision of
services by electronic means by sending to the Seller an appropriate declaration of
intent, at using any means of remote communication, allowing the Seller to get
acquainted with the Customer's declaration of intent.
3. The Seller shall terminate the contract for the provision of services by electronic means
by sending to the Customer an appropriate statement of intent to the e-mail address
provided by the Customer during Registration.
§ 15 Final provisions
1. The Seller shall be liable for non-performance or improper performance of the contract,
but in the case of contracts concluded with Customers who are Entrepreneurs, the
Seller shall be liable only in the case of intentional damage and within the limits of
actual losses incurred by the Customer who is an Entrepreneur.
2. The content of these Terms and Conditions may be recorded by printing, saving to a
media or downloading at any time from the Store's Website.3. In the event of a dispute arising on the basis of the concluded Sales Agreement, the
parties will seek to resolve the matter amicably. Polish law shall govern all disputes
arising under these Terms and Conditions.
4. The Seller shall inform the Customer who is a Consumer about the possibility of using
out-of-court procedures for handling complaints and pursuing claims. The rules of
access to these procedures are available at the offices or websites of entities authorized
to handle disputes out of court. They may be, in particular, consumer ombudsmen or
Provincial Inspectorates of Commercial Inspection, the list of which is available on the
website of the Office of Competition and Consumer Protection.
The Seller informs that at http://ec.europa.eu/consumers/odr/ there is a platform for
online dispute resolution between consumers and businesses at the EU level (ODR
platform).
5. The Seller reserves the right to amend these Regulations. All orders accepted by the
Seller for execution prior to the effective date of the new Regulations shall be executed
on the basis of the Regulations that were in effect on the date the order was placed by
the Customer. The amendment to the Terms and Conditions shall become effective
within 7 days from the date of publication on the Store's Website. The Seller will inform
the Customer 7 days before the new Regulations come into effect about the change in
the Regulations by means of a message sent via e-mail containing a link to the text of
the amended Regulations. If the Customer does not accept the new content of the
Terms and Conditions, he/she is obliged to notify the Seller of this fact, which results in
termination of the contract in accordance with the provisions of §14 of the Terms and
Conditions.
6. Contracts with the Seller are concluded in the Polish language.
7. The Regulations shall come into force on 29.04.2024.