Terms and Conditions

I. General Provisions

1.1. The online store, located at www.shubawear.com (hereinafter referred to as the Store), is a platform operated by:

1.2. These regulations define the rules for using the Store, the conditions for placing orders for products available in the Store, the time and rules for order fulfillment, the conditions and methods of payment, the Customer's rights to cancel an order and withdraw from the contract, and the rules for submitting and handling complaints.

1.3. The Store conducts retail sales through its website using distance communication methods. To use the Store, it is necessary to:

        – internet access;
        – having an email address;
        – install the latest version of the web browser;
        – JavaScript support enabled;
        - installing the Flash Player plugin;
        – cookie acceptance.

1.4. The Client is entitled and obliged to use the Store for its intended purpose.

1.5. The Client is obliged to refrain from any activity that could affect the proper functioning of the Store, including in particular any interference with the content of the Store or its technical elements, including the provision of illegal content. It is forbidden to use it for purposes other than its intended use, including in particular sending spam, conducting any commercial, advertising, promotional, etc. activities on the Store's websites.

1.6. To the maximum extent permitted by law, the Store shall not be liable for disruptions, including interruptions, in its operation caused by force majeure, the unlawful actions of third parties, or the incompatibility of the Store with the Customer's technical infrastructure.

1.7. Browsing the Store's assortment does not require registration. The Customer's independent placing.

1.8. Online payment settlements are carried out through the platform: PayU.

1.9. The Buyer, no later than at the time of placing the order, is obliged to familiarize themselves with the Regulations.

II. Order Terms and Timeline

2.1. Placing an order in the Store means that the Customer enters into a sales agreement for the ordered products with the Store.

2.2. The Store allows the Customer to place an order as a Guest or after registering an account, which must be done by filling out the registration form during the ordering process via the website https://shubawear.com/. .

2.3. The Client, both as a guest and after registering in the Store, places an order by selecting the products they are interested in via the „Add to Cart” button on the product page, and then specifying the delivery and payment method in the Cart and confirming the order.

2.4. In the Cart, the Customer indicates:

        - ordered products and their quantities;
        – the address to which the ordered item is to be delivered and the data required for issuing an invoice;
        – delivery method (InPost parcel locker, courier, personal pickup);
        – method of payment (details are included in Article IV of the Terms and Conditions);
        - „optional” discount code.

2.5. In case of providing false data, the Store has the right to withdraw from the order fulfillment, notifying the Customer about it.

2.6. Shipment of purchased goods is usually carried out within 3 business days for products without promotions, while for promotional products, it is carried out within 14 business days. This period is calculated from the date of placing the order (if cash on delivery is chosen) or from the moment of payment confirmation in the Store's account.

2.7. Electronic orders can be placed 24 hours a day, all year round. Orders placed on Saturdays, Sundays, and holidays will be processed starting the morning of the next business day.

2.8. The possibility of temporarily suspending the Store's operations for maintenance, development, and modernization work is permitted.

2.9. In the event that the fulfillment of part of the order is not possible, the Store may offer the Customer:

2.9.1. cancellation of the entire order (if the Customer chooses this option, the Store shall be released from the obligation to fulfill the order);

2.9.2. cancellation of the order in the part where it cannot be fulfilled within the designated time (if this option is chosen by the Customer, the order will be fulfilled in part, and the Store will be released from the obligation to fulfill the remaining part);

2.9.3. The provision of substitute services shall be confirmed with the Client. An order based on substitute services, after approval by the Client, shall be considered final;

2.9.4. division of the order and setting a new delivery date for the part of the order that cannot be fulfilled by the original deadline (if the Customer chooses this option, the products constituting the order will be sent in several separate shipments, and the Customer will bear additional costs related to dividing the order into several shipments).

2.10. In the event that the ordered product is unavailable in the Store, or if it is impossible to fulfill the Customer's order for other reasons, the Store will inform the Customer by sending information to the e-mail address provided during the order process within 14 days from the date of conclusion of the contract.

2.11. If payment for an order item that could not be fulfilled in whole or in part has been made in advance, the Store will refund the Customer the amount paid (or the difference) within 14 days from the date of dispatch, in accordance with the rules detailed in point IV of these Regulations.

2.12. In the event that the Customer provides incorrect or inaccurate data, including in particular an incorrect or inaccurate address, the Store shall not be liable for non-delivery or delayed delivery of the ordered item to the fullest extent permitted by law.

2.13. The Store may post on the Store's website presenting a given product information regarding the number of working days, i.e., days of the week from Monday to Friday, excluding public holidays, within which the shipment of the ordered item will be dispatched. The aforementioned information is an estimated time calculated from the moment the order is accepted for processing until the ordered item is sent to the Customer, in the manner chosen by them. The order fulfillment time is given taking into account the completion of all ordered products.

2.14. The Shop serves Customers within the EU, Switzerland, and Great Britain.

III. Product Prices and Shipping Costs:

3.1. The prices displayed with the product offered by the Store include VAT and are given in Polish zloty.

3.2. The price shown with the product does not include shipping costs.

3.3. The Store reserves the right to change the prices of goods in the Store, introduce new goods for sale, conduct and cancel promotional campaigns, or make changes to them in accordance with the provisions of the Civil Code and other laws, provided that such changes do not infringe the rights of persons who have concluded sale agreements for goods offered by the Store before the aforementioned changes were made, or the rights of persons entitled to use a given promotion, in accordance with its rules and during its duration.

3.4 For products included in a promotion, alongside the information about the reduced price, the Store will also display the information about the lowest price of that product that was in effect during the 30-day period before the promotion was introduced.

3.5. Shipping costs are added to the total cost of ordered products and are borne by the customer.

3.6. If the Customer chooses the „Paczkomaty InPost” delivery option, the delivery of goods under this service will be carried out by InPost Sp. z o.o. after the Customer accepts the terms and conditions of „Paczkomaty 24/7” prepared and provided by the „Paczkomaty 24/7” service provider, i.e., InPost Sp. z o.o. The Seller will enable the Customer to familiarize themselves with the Terms and Conditions of Service or „Paczkomaty 24/7” during the process of the Customer approving the chosen method of goods delivery.

3.7. When receiving a shipment delivered by courier, the Client should check the condition of the external packaging of the shipment in the courier's presence. In the event of damage to the shipment's packaging, the Client should draw up a damage report with the courier, in two identical copies signed by the recipient and the courier.

3.8. Upon receiving a parcel from a Parcel Locker, the Customer should check the condition of the parcel and, in case of any reservations, select the option concerning a complaint on the Parcel Locker screen and follow the instructions displayed.

IV. Acceptable Payment Methods

 4.1. Payment for goods to be delivered can be made:

4.1.1. In person, with cash, upon delivery of the order (cash on delivery) or upon collection of the goods at an InPost parcel locker;

4.1.2. online via the PayU service;

4.1.3. bank transfer to the Store's account number at PKO S.A. Bank: 53 1240 4025 1111 0010 9778 8028.

V. Complaints and Returns

5.1. The Client has the right to file a complaint within 2 years from the date of product delivery, provided that they notify the Store within 2 months of discovering the non-conformity of the goods with the contract. It is sufficient to send the notification before the deadline expires to meet the deadline.

 5.2. ComplaintsPDF template) along with proof of purchase of this product from the Store should be reported to the e-mail address: shop@shubawear.com or in traditional form at the address:

MEN ISLAND
Zieliński Passage
Swobodna Street 37/18.3
50-088 Wrocław
+48 602 269 711

 5.3. The complaint resolution period is 14 days. If the Store does not respond to the complaint within this period, it shall be deemed to have acknowledged it as justified.

5.4. In case of a complaint being considered in favor of the customer, the Store shall repair or replace the advertised product for the customer with a fully functional one or, if replacement is not possible, shall refund the amount for the advertised product within 14 days from the date of receipt of the defective product from the Client.

5.5. In the situation described in paragraph 4 of this section, the Client is obliged to make the advertised product available to the Seller. The Seller collects the product from the Client at their own expense.

 5.6. In accordance with the Act of May 30, 2014, on Consumer Rights, the Client may withdraw from the online sales agreement without stating a reason within 14 days of the product's delivery (date of shipment receipt). Sending a statement before the expiry of this period is sufficient to observe this deadline.PDF template). The declaration in question should be sent to:

MEN ISLAND
Zieliński Passage
Swobodna Street 37/18.3
50-088 Wrocław
+48 602 269 711

or send a scan of the signed statement to the Store's email address. If the Customer exercises the aforementioned right, the mutual benefits shall be returned immediately, not later than within 14 days.

 5.7. The right of return applies exclusively to Customers who are individuals. The right of return does not apply to legal entities and persons conducting business activities if the product was purchased for business purposes (legal entity, business activity).

 5.8. In the case described in paragraph 6 of this section, the Customer is obliged to return the product in an unimpaired condition in accordance with the provisions of paragraph 6 of this section within the period resulting from the applicable provisions of law. The Store, after receiving the goods, shall refund the Customer the price paid for the product within 14 days.

5.9. The store does not accept return shipments sent cash on delivery and is not responsible for costs associated with such shipments.

VI. Receivables Repayment

6.1. The Store shall refund the amount due within 14 calendar days using the same means of payment as the Customer used in the original transaction, in the case of:

6.1.1. cancellation of an order or part of an order (in which case the corresponding part of the price shall be refunded) paid in advance before its fulfillment;

6.1.2. product return (withdrawal from contract) for an order delivered via Poczta Polska or a courier company;  

6.1.3. acknowledgment of the complaint and impossibility of repairing the damaged product or replacing it with a new one;

6.1.4. recognizing the right to request a product price reduction.

6.2. The Store will refund the money to the Customer's bank account (including one linked to the customer's credit or payment card) or by postal money order (the customer bears the cost of the money order) – if the order was paid for:

6.2.1. in advance by bank transfer or credit card;

6.2.2. upon receipt from the courier, in a parcel locker, or at the post office.

VII. Privacy Policy and Personal Data Security

7.1. The administrator of personal databases transferred by the customers of the store is the Store.

7.2. The personal data of the customer making a purchase in the Store is processed based on the contract, for the purpose of its performance, in accordance with the principles set forth in the General Data Protection Regulation (EU) of the European Parliament and of the Council, the GDPR.

7.3. Detailed rules for collecting, processing, and storing personal data used for order fulfillment by the Store are described in the Privacy Policy, which can be found at: https://www.menisland.pl/polityka-prywatnosci.

VIII. Newsletter

8.1. The Client may consent to receiving commercial information, including commercial information electronically, by checking the appropriate option in the registration form or via the website. In the event of such consent, the Client will receive the Store's Newsletter at the email address provided by them.

8.2. The Client may unsubscribe from the Newsletter at any time by submitting a request to the data administrator or by clicking on the deactivation link found in every Newsletter message.

IX. Final Provisions

9.1. The Owner informs, and the Client acknowledges, that the use of the Internet network may involve risks in the form of damage that the Client may incur due to threats present in the Internet network, and in particular, hacking into the Client's IT system, interception of passwords by third parties, and infection of the Client's IT system with viruses.

9.2. To the maximum extent permitted by law, the Store shall not be liable for the blocking of messages to the e-mail address indicated by the Customer by mail server administrators, nor for the deletion and blocking of e-mails by software installed on the computer used by the Customer.

9.3. Differences between the product visualization resulting from the Customer's individual computer settings (color, proportions, etc.) and the actual appearance of the product cannot be grounds for a complaint. In such a case, the Customer has the right to withdraw from the contract in accordance with the provisions of point V of these Regulations.

9.4. The Owner informs that all trademarks (logos, logotypes, brand names, etc.), graphic materials, and photos posted on the Store's websites are protected by law and are used by the Store solely for informational purposes.

9.5. All product names offered for sale by the Store are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law.

9.6. The Owner points out that the Store contains content protected by intellectual property rights, in particular copyrighted works (content posted in the Store, graphic design, graphics, photos, etc.). Customers and visitors to the Store undertake to respect the intellectual property rights (including economic copyrights and industrial property rights such as rights arising from trademark registration) belonging to the Owner and third parties. The Store's customer or a person visiting the Store's website bears sole responsibility for non-compliance with the provisions of this section.

9.7. Customers may not post content that is illegal, immoral, or infringes upon the rights of third parties. Customers are also prohibited from publishing links to pornographic, obscene, or undignified materials.

9.8. The Store undertakes to inform registered Store users of any changes to these terms and conditions by sending them an electronic message to the email addresses provided during registration. Upon receiving such information, the Customer will be able to delete their account at any time.

9.9. Matters not regulated in these Regulations shall be governed by the applicable provisions of Polish law, including in particular the Civil Code, the act on special conditions of consumer sale and amendment of the Civil Code, as well as the act on the protection of certain consumer rights and liability for damage caused by a dangerous product.

9.10. These Terms and Conditions are effective as of December 18, 2018.