ONLINE STORE REGULATIONS

STARFISHPRO

§ 1. General provisions

1. These regulations, hereinafter referred to as “Regulations”, define the rules of using the online store located at the URL https://www.starfishpro.eu, hereinafter referred to as the “Store”.

2. The shop is run by STARFISHPRO Anna Skawińska NIP:7251733956 REGON:541344947 entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw.., hereinafter referred to as the “Administrator”.

3. Store address and contact details: internet address – www.starfishpro.eu e-mail – [hello@starfishpro.eu], telephone [+48605567446] correspondence address – Al. Wilanowska 71/11, 02-765, Warsaw,

4. Information on the scope of personal data processing by the Store (“Privacy Policy”) and the scope of the use of cookies (“Cookies Policy”) can be found at the URL https://starfishpro.eu/pl/polityka-prywatnosci/ Each person before using The store should read its Regulations.

5. Making purchases in the Store requires the Customer to have an active and functional e-mail account.

§ 2. Definitions

The terms used in the Regulations mean, respectively:

1. Store – an online store operating at www.starfishpro.eu, selling products at a distance.

2. Customer – any entity purchasing in the Online Store in accordance with the Regulations, including the Consumer, Entrepreneur and Entrepreneur-Consumer.

3. User – any entity using the Internet that enters the Store’s website.

4. Customer Account – a field containing data on transactions carried out and an instrument used to execute orders placed by the Customer.

5. Newsletter – a service provided by the Online Store to Users who have agreed to receive the Newsletter for them, consisting in sending such Users any information about the operation of the Online Store, after the User voluntarily provides their e-mail address, name and surname.

6. Consumer – a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.

7. Entrepreneur – a natural person, legal person or entity without legal personality, performing a legal transaction on its own behalf as part of business or professional activity, including making purchases in the Store for purposes related directly to its business activity, when using the Store, including making purchases in The store is for this person of a professional nature, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register of Information on Economic Activity.

8. Entrepreneur – Consumer a natural person, including those making purchases in the Store for purposes related directly to their business activity, when the use of the Store, including making purchases in the Store, does not constitute a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register of Information on Economic Activity.

9. Working days – days of the week from Monday to Friday, except public holidays.

10. Regulations – this document specifying the terms and conditions of using the Online Store and purchasing products in it.

11. Registration – voluntary provision of data by the Store’s Customer consisting in completing the form available on the pages of this Store.

§ 3. Types and scope of the Store’s activity

1. Through the Store, the range of sports clothing is sold remotely via the Internet.

2. The offered items are new.

§ 4. Technical requirements

1. For the proper and uninterrupted use of the Store, the Customer’s station / terminal device should meet the following minimum technical requirements:

a) active internet connection, modern internet browser (version year 2021 at least)

b) enabled acceptance of cookies and Java Scripts

c) active e-mail address

2. The store is not obliged to provide the above devices and / or software.

3. The installation of the software referred to in paragraphs 1 and 2 is the subject of a separate license agreement between the Customer and the licensor.

4. The website of the store is adjusted to the screen resolution above 320px

§ 5. Purchasing rules

1. The store, before confirming the purchase, provides the customer with the following information:

a) a detailed description of a given product and its features;

b) the total price of the ordered products including taxes, as well as the fee for transport, delivery or postal services and summarizing the total amount of the order with the selected delivery option

c) regarding the method and date of payment

d) regarding the method and date of performance by the entrepreneur.

2. The purchase of the Product does not require registration in the Store

Placing an order is done using the form on the website https://starfishpro.eu/pl/do-kasy/ after clicking ‘Buy and pay’, in which the customer provides the following data:

a) Name and surname or company name

b) E-mail adress

c) Phone number

d) PESEL or NIP number –

e) Address details for shipping

4. The customer places an order after reading the information specified in the Regulations of the store and the information referred to in paragraph 2, which will be displayed in electronic form in the last stage of completing the electronic form, preceding the expression of the will to be bound by the contract by clicking the “Order with payment obligation” button. After reading the collected information specified for a given customer order, the customer expresses the will to be bound by the contract by pressing the “order with payment obligation” button

5. All prices on the Store’s website are in Polish zlotys and include VAT. The price displayed in the basket summary before placing the order includes shipping costs in accordance with the option selected by the Customer.

6. The store undertakes to deliver items free from defects.

7. The order is considered accepted for execution after the Store confirms the order placed by the Customer and the payment is confirmed.

a) confirmation of order acceptance is sent automatically after placing the order by the Customer;

b) The Store may suspend the acceptance of the order in the event of doubts as to the truthfulness or reliability of the data provided by the Customer in the registration form. In this case, the Store will immediately contact the Customer in order to clarify the doubts in question.

c) In the event of unavailability of some of the products covered by the order, the customer is immediately informed about it. The customer decides whether the order is to be partially or completely canceled.

8. The Customer and the Store are bound by the Product price in force at the time the order is placed.

9. The following payment methods are honoured in the Store:

a) the electronic payment system Przelewy24.

b) the payment card (the payment card operator is PayPro SA Agent Rozliczeniowy, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.)

10. The deadline for making the payment is 3 days from the date of receipt of the order confirmation for execution by the store.

11. The contract is considered concluded when the payment is made by the Customer, after prior confirmation of the order being accepted for execution.

12. The ordered goods are shipped within 3 working days:

a) from the posting of the amount due for the product.

13. Shipments are sent via a courier company or postal operator selected under the order. Shipping costs are specified in the Shipping tab. The cost of foreign shipments is determined individually with the customer – depending on the destination place of delivery.

14. In the case of ordering several pieces of goods, the goods are generally packed collectively in one shipment, unless, when choosing the delivery method, the Customer indicates a different method of packaging and selects separate delivery options for each product.

15. The customer will be notified by e-mail about sending the goods. When choosing a courier parcel, the Customer will receive an e-mail with a parcel number that can be used to track the parcel on the operator’s website.

16. The maximum delivery date according to the Consumer Rights Act is 30 days. If the deadline specified in the preceding sentence is exceeded, the Consumer has the right to appoint an additional time seller. If the goods are still not delivered, the customer may withdraw from the contract.

17. If the goods are to be sent by the Store to a Customer who is a consumer or an Entrepreneur-Consumer, the risk of accidental loss or damage to the item (goods) passes to the Customer upon its delivery to the Customer. The release of the item (goods) is considered to be entrusted by the Store to the carrier, if the Store had no influence on the choice of the carrier by the buyer.

18. At the customer’s request, a VAT invoice is issued. The customer is obliged to provide full data necessary for the correct issuance of a VAT invoice:

a) Name and surname / company,

b) Address of residence / seat,

c) NIP number (for companies), PESEL number (natural persons),

d) Order number,

e) Address for correspondence

19. Each customer who registers and / or places an order agrees to receive information related to the course of the transaction, notifications about changes in these Regulations to the e-mail address provided by him.

20. Other information on the operation of the Website, as well as containing commercial information about new products or services of the Website, about promotions of the Website and the Administrator’s partners promoting products, will be sent only to those Customers who have consented to it.

§ 6. Complaints – rights for the Consumer and Entrepreneur-Consumer

1. In terms of complaints, the Customer who is a Consumer may exercise the rights granted by the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and the Act of May 30, 2014 on consumer rights ( Journal of Laws of 2014, item 827 of June 24, 2014).

2. The store is liable to the customer under the warranty if the item sold (goods) has a physical or legal defect. A physical defect consists in the non-compliance of the sold item (goods) with the contract. In particular, the item sold (goods) is inconsistent with the contract if:

a) does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;

b) does not have properties that the Store has provided to the Customer, including presenting a sample or pattern;

c) it is not suitable for the purpose of which the Customer informed the Store at the conclusion of the contract, and the Store did not raise any objections to such purpose;

d) was delivered to the Client incomplete.

3. Complaints regarding the ordered goods may be submitted by e-mail to the address hello@starfishpro.eu or by registered mail to the address Al.Wilanowska 71/11, 02-765, Warsaw. To facilitate the submission of complaints, an exemplary complaint form has been provided at the URL https://starfishpro.eu/pl/polityka-zwrotow/. The use of this form is optional.

4. When submitting a complaint, please provide the following data: Customer’s name and surname, address, data enabling the identification of the sale (e.g. login, order number, transaction date), subject and reason for the complaint, contact details.

5. By specifying the method of fulfilling the Store’s obligations in the scope of the reported complaint regarding the occurrence of physical or legal defects of the goods, the Customer who is a consumer has the right to submit a declaration of price reduction or withdrawal from the contract, unless the Store immediately and without undue inconvenience to the Customer replaces the defective item with free from defects or the defect will be removed. This limitation does not apply if the item has already been replaced or repaired by the seller (Store) or the Store has not satisfied the obligation to replace the item with a non-defective one or remove the defect.

6. If the Customer is a Consumer, he may, instead of the removal of the defect proposed by the Store, demand that the item be replaced with one that is free from defects, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the Customer or would require excessive costs compared to the manner of proposed by the Store. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.

7. The reduced price should remain in such proportion to the price resulting from the contract in which the value of the defective item is equal to the value of the item without a defect.

8. The customer cannot withdraw from the contract if the defect is irrelevant.

9. Complaints submitted by the customer will be considered within 14 days from the date of their submission. Failure to make a statement within this period shall be deemed recognition of the claims made by the Customer.

10. The customer will be notified of the outcome of the complaint in the same way as the complaint was sent, unless the customer reserves a different form of contact. The settlement of the complaint will be additionally sent by e-mail to the e-mail address provided by the Customer.

11. In the event of a positive settlement of the complaint, the Store sends to the Customer the Goods free from defects or with the defect removed within a reasonable time. If the repair or replacement of a given product with a new one is not possible for the reasons specified in sec. 5 and 6, the Store according to the alternative request submitted by the Customer – will reduce the price or return the equivalent of the product price, plus shipping costs.

12. The right to the warranty is excluded for customers purchasing as an Entrepreneur.

13. The provisions regarding the Consumer contained in this paragraph apply to the Entrepreneur-Consumer

14. Any provision of the Regulations does not exclude or limit the rights of Consumers or Entrepreneurs-Consumers provided for in applicable law, including in particular art. 556–576 of the Civil Code

§ 7. Withdrawal from the contract entitlements for the Consumer and Entrepreneur-Consumer

1. In accordance with the Act of May 30, 2014. on consumer rights (Journal of Laws of 2014, item 827) The customer who is a consumer has the right to withdraw from the concluded contract in writing without giving any reason within fourteen days from the date of delivery of the item, i.e. from the moment when the customer came into possession of the item, or which a third party other than the carrier indicated by the Customer came into possession of the goods. To meet the fourteen-day period referred to in paragraph 1, it is sufficient to send a declaration of withdrawal before its expiry. The declaration may be submitted on the form, the specimen of which has been posted at the URL https://starfishpro.eu/pl/polityka-zwrotow/; The Store allows the possibility of submitting a declaration of withdrawal from the contract by e-mail to the following address: hello@starfishpro.eu After receiving the statement by e-mail, the Store will immediately send the Customer who is a consumer, on a durable medium, confirmation of receipt of the declaration of withdrawal from the contract. The use of this form is optional.

2. Pursuant to Art. 38 of the Act on consumer rights, the right to withdraw from a distance contract, in accordance with the Act, is not available to the Consumer and Entrepreneur-Consumer in the following cases:

a) 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;

b) 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;

c) 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;

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

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

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

g) in which the subject of the service are alcoholic beverages, the price of which was agreed at the 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;

h) in which the consumer expressly demanded that the entrepreneur came to him to make urgent repairs 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 with regard to additional services or items;

i) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;

j) concluded through a public auction;

k) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;

l) for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.

3. In the event of withdrawal from the contract, the Customer is obliged to return the goods to the following address: Al.Wilanowska 71/11, 02-765, Warsaw. or hand it over to a person authorized by the Store to pick it up immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Store suggested that he would pick up the item himself. The returned goods should be packed in a way that prevents their damage during transport.

4. If the Customer uses the right referred to in paragraph 1, the direct costs of returning the goods are covered by the customer.

5. In the event of withdrawal from this contract, the Customer is reimbursed all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method offered as part of the delivery of goods available in the Store), immediately , and in any case not later than 14 days from the date on which the Store was informed about the Customer’s decision to exercise the right to withdraw from the contract with the Store.

6. The reimbursement is made by the Store using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.

7. The Store will withhold the reimbursement of the payment until receipt of the returned Goods (items) and checking their condition until the proof of returning the goods is provided in connection with the withdrawal, depending on which event occurs first.

8. If the Customer who is a consumer chose a method of delivery of the item (goods) other than the cheapest standard delivery method offered by the entrepreneur (applies to the method of original delivery to the Customer), the entrepreneur is not obliged to refund the additional costs incurred by the Customer.

9. The consumer is responsible for the decrease in the value of the item as a result of using it in a different way than necessary to establish the nature, characteristics and functioning of the item. Measuring both women’s and men’s swimwear can only be done on underwear and without removing the hygienic protections provided with the product. Products showing signs of use cannot be returned. Returns of intact products with original tags / markings will be accepted. The store reserves the right to verify the condition of the returned goods before the final approval of the return.

10. The provisions regarding the Consumer contained in this paragraph apply to the Entrepreneur-Consumer (pursuant to Article 38a of the Act of May 30, 2014 on consumer rights)

11. The right to withdraw from a distance contract referred to in this paragraph of the Regulations shall not apply to a Customer who is not a Consumer or an Entrepreneur-Consumer.

12. Moreover, pursuant to Art. 31 (2) of the Act of May 30, 2014. on consumer rights, if the Consumer or the Entrepreneur-Consumer submitted a declaration of withdrawal from the contract before the Store accepted its offer, the offer ceases to be binding.

§ 8. Final provisions and description of the possibility of using out-of-court complaint and redress procedures

1. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer or Entrepreneur-Consumer entitled to him under mandatory provisions of law, including in particular art. 556-557 of the Civil Code. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.

2. In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827 of June 24, 2014) and the Act of 23 April 1964 – Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended).

3. Information on the possibility for the Customer who is a consumer to use out-of-court methods of dealing with complaints and redress, and the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection. , Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:

http://www.uokik.gov.pl/spory_konsumenckie.php;

http://www.uokik.gov.pl/sprawy_indywidualne.php;

http://www.uokik.gov.pl/wazne_adresy.php;

The customer who is a consumer has, inter alia, the following options for using out-of-court complaint and redress procedures:

• Permanent consumer arbitration court operating at the Trade Inspection – the possibility of requesting the resolution of a dispute arising from the concluded Sales Agreement;
• provincial inspector of the Trade Inspection, the possibility of requesting the initiation of mediation proceedings in an amicable matter until the end of the dispute between the customer and the store;
• poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address :kom@dlakonsumentow.pl.
• Online Disputes Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/

4. Any disputes arising between a Customer who is not a Consumer or an Entrepreneur-Consumer, and the Store, will be settled by the court competent for the seat of…

5. The regulations are valid from 04/25/2022.

Attachments to the Regulations:

A. INFORMATION ABOUT THE RIGHT TO WITHDRAW FROM THE CONTRACT – NOTICE TO WITHDRAW FROM THE CONTRACT

The right to withdraw from the contract:

1. You have the right to withdraw from this contract within 14 days without giving any reason.

2. The deadline to withdraw from the contract will expire after 14 days from the day

a) in which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods;

3. To exercise the right to withdraw from the contract, you must inform the person responsible for performing the withdrawal from the contract:

Anna Skawińska residing in Al. Wilanowska 71/11, 02-765, Warsaw tel. +48 605 567 556

of your decision to withdraw from this contract by an unequivocal statement.

(Please be advised that the statement may be sent, for example, by post or e-mail).

4. You can use the model withdrawal form, but it is not obligatory.

You can also complete and submit the withdrawal form or any other unequivocal statement by electronic means on our website [www.starfishpro.eu]. If you use this option, we will immediately send you a confirmation of receipt of the information on withdrawal from the contract on a durable medium (e.g. e-mail).

5. To meet the deadline to withdraw 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 to withdraw from the contract.

6. Consequences of withdrawal from the contract:

In the event of withdrawal from this contract, we will reimburse you 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 refund 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 as a result of this reimbursement.

The Store is suspended with the reimbursement of the payment until the goods are received and their condition is checked, or until proof of their return is provided to us, whichever occurs first.

Please send back or give us the item to the following address: Anna Skawińska, Al.Wilanowska 71/11, 02-765, Warszawa immediately, and in any case not later than 14 days from the day on which you informed us of your withdrawal from this the contract. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only responsible for reducing the value of things resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of things.

B. WITHDRAWAL FROM THE CONTRACT

Please be advised that this form should be completed and returned only if you wish to withdraw from the contract. The use of the form is optional.

Addressee:

STARFISHPRO Anna Skawińska

Al. Wilanowska 71/11.

02 – 765 Warsaw

e-mail – hello@starfishpro.eu, phone +48 605 567 446

I / We (*) hereby inform about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service ( *)

Date of conclusion of the contract (*) / receipt (*)

Name and surname of the consumer (s)

Consumer (s) address

Signature of the consumer (s) (only if the form is sent in paper version)

Date

(*) Delete as appropriate.