Terms and conditions

I. General Provisions

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

1.2. These Terms and Conditions set out the rules for using the Store, the conditions for placing orders for products available in the Store, the timeframes and rules for processing orders, the conditions and methods of payment, the Customer’s rights to cancel an order and withdraw from the contract, as well as the rules for submitting and processing complaints.

1.3. The Store conducts retail sales via a website using means of distance communication. To use the Store, it is necessary to:

        – have Internet access;
        – have an e-mail address;
        – install the latest version of a web browser;
        – have JavaScript enabled;
        – install the Flash Player plugin;
        – accept cookies.

1.4. The Customer is entitled and obliged to use the Store in accordance with its intended purpose.

1.5. The Customer is obliged to refrain from any activity that could affect the proper functioning of the Store, including, in particular, interfering with the content of the Store or its technical elements, or providing unlawful content. It is prohibited to use the Store for purposes other than its intended purpose, including, in particular, sending spam or conducting any commercial, advertising, promotional or similar activity on the Store’s websites.

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

1.7. Browsing the Store’s product range does not require registration. Customers may place orders independently for products included in the Store’s product range by registering or as a Guest, in accordance with the provisions of Section II of these Terms and Conditions.

1.8. Online payment transactions are processed through the PayU platform.

1.9. The Buyer is obliged to read the Terms and Conditions no later than when placing an order.

II. Order Processing Conditions and Times

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

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

2.3. Whether as a Guest or after registering in the Store, the Customer places an order by indicating the products they are interested in, selecting “Add to cart” on the product page, then selecting the delivery and payment method in the Cart and confirming the order.

2.4. In the Cart, the Customer specifies:

        – the products ordered and their quantity;
        – the address to which the order is to be delivered and the data necessary to issue an invoice;
        – the delivery method (InPost parcel lockers, courier, personal collection);
        – the payment method (details are set out in Section IV of the Terms and Conditions);
        – an “optional” discount code.

2.5. If false information is provided, the Store has the right to refuse to process the order, notifying the Customer thereof.

2.6. Purchased goods are generally dispatched within 3 business days for products not on promotion, while promotional products are dispatched within up to 14 business days. This period is counted from the date the order is placed (if payment on delivery is selected) or from the time payment is confirmed in the Store’s account.

2.7. Orders may be placed electronically 24 hours a day, year-round. Orders placed on Saturdays, Sundays and public holidays will be processed from the morning of the next business day.

2.8. The Store may temporarily suspend its operations in order to carry out maintenance, development and modernization work.

2.9. If it is not possible to process part of an order, the Store may offer the Customer:

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

2.9.2. cancellation of the part of the order that cannot be processed within the specified period (if the Customer chooses this option, the order will be processed in part, while the Store will be released from its obligation to process the remaining part);

2.9.3. performance of a substitute service, to be agreed with the Customer. Once approved by the Customer, an order based on the substitute service will be treated as final;

2.9.4. splitting the order and setting a new processing date for the part of the order that cannot be processed within the originally specified period (if the Customer chooses this option, the products comprising the order will be sent in several separate shipments, and the Customer will bear the additional costs associated with splitting the order into several shipments).

2.10. If the ordered product is unavailable in the Store or it is not possible to process the Customer’s order for other reasons, the Store will inform the Customer by sending a notification to the e-mail address provided during the ordering process within 14 days from the date of conclusion of the contract.

2.11. If payment for an order that could not be processed in whole or in part was made in advance, the Store will refund the amount paid (or the difference) to the Customer within 14 days from the date of dispatch, in accordance with the principles set out in detail in Section IV of these Terms and Conditions.

2.12. If the Customer provides incorrect or inaccurate information, including, in particular, an incorrect or inaccurate address, the Store shall not be liable, to the fullest extent permitted by law, for failure to deliver or delay in delivering the ordered item.

2.13. The Store may place information on the Store’s website presenting a given product about the number of business days, i.e. days of the week from Monday to Friday excluding public holidays, within which the shipment containing the ordered item will be dispatched. The above 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 selected by the Customer. The order processing time is provided taking into account the time required to complete all products ordered.

2.14. The Store serves Customers in the territory of the EU, Switzerland and the United Kingdom.

III. Product prices and shipping costs:

3.1. The prices shown next to products offered by the Store include VAT and are stated in Polish zloty.

3.2. The price shown next to a product does not include information about shipping costs.

3.3. The Store reserves the right to change the prices of goods available in the Store, introduce new goods for sale, launch 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 affect the rights of persons who entered into sales contracts for goods offered by the Store before the above changes were made, or the rights of persons entitled to use a given promotion in accordance with its terms and during its validity period.

3.4. In the case of products covered by a promotion, alongside information about the reduced price, the Store will also indicate the lowest price of the product applicable during the 30-day period preceding the introduction of the promotion.

3.5. Shipping costs are added to the total price of the products ordered and are borne by the Customer.

3.6. If the Customer selects delivery via “Paczkomaty InPost”, delivery of the goods under this service will be carried out by InPost Sp. z o.o. after the Customer accepts the “Paczkomaty 24/7” terms and conditions prepared and provided by the “Paczkomaty 24/7” service provider, i.e. InPost Sp. z o.o. The Seller will enable the Customer to review the Terms and Conditions for the provision of services or the “Paczkomaty 24/7” terms and conditions during the process of confirming the Customer’s selected method of delivery of the Goods.

3.7. When receiving a shipment delivered by a courier, the Customer should check the condition of the shipment’s external packaging in the courier’s presence. If the shipment’s packaging is damaged, the Customer should prepare, together with the courier, a damage report in two identical copies signed by the recipient and the courier.

3.8. When collecting a shipment from a Paczkomat, the Customer should check the condition of the package and, in the event of any concerns, select the complaint option on the Paczkomat screen and follow the instructions displayed.

IV. Permitted payment methods

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

4.1.1. in person, in cash, upon delivery of the order by cash on delivery or when collecting the goods from an InPost parcel locker;

4.1.2. online via: PayU;

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

V. Complaints and product returns

5.1. The Customer has the right to submit a complaint within 2 years from the date the product was delivered, provided that the Store is notified of the product’s non-conformity with the contract within 2 months of discovering it. To meet the deadline, it is sufficient to send the notification before it expires.

 5.2. Complaints (PDF template) together with proof of purchase of the product from the Store should be submitted to the following email address: shop@shubawear.com or in traditional form to:

MEN ISLAND
Pasaż Zielińskiego
ul. Swobodna 37/18.3
50-088 Wrocław
+48 602 269 711

 5.3. The deadline for considering a complaint is 14 days. If the Store does not respond to the complaint within this period, it shall be deemed to have accepted the complaint as justified.

5.4. If the complaint is resolved in the Customer’s favor, the Store will repair or replace the product complained about with a fully functional product or, if replacement is not possible, refund the amount paid for the product complained about within 14 days from the date of receiving the defective product from the Customer.

5.5. In the situation described in section 4 of this paragraph, the Customer is obliged to make the product complained about available to the Seller. The Seller will collect the product from the Customer at the Seller’s expense.

 5.6. Pursuant to the Act of 30 May 2014 on Consumer Rights, the Customer may withdraw from an online sales contract without giving a reason within 14 days from the date the product was delivered (the date the shipment was received). To meet this deadline, it is sufficient to send the statement before it expires (PDF template). The statement referred to herein should be sent to:

MEN ISLAND
Pasaż Zielińskiego
ul. Swobodna 37/18.3
50-088 Wrocław
+48 602 269 711

or a scan of the signed statement should be sent to the Store’s email address. If the Customer exercises the above right, the mutual benefits should be returned immediately, no later than within 14 days.

 5.7. The right to return applies exclusively to Customers who are natural persons. The right to return does not apply to legal entities or persons conducting business activity if the product was purchased for business purposes (for a legal entity or business activity).

 5.8. In the case described in section 6 of this paragraph, the Customer is obliged to return the product in an unchanged condition in accordance with the provisions of section 6 of this paragraph, within the period prescribed by applicable law. After receiving the goods, the Store will refund the price of the product paid by the Customer within 14 days.

5.9. The Store does not accept shipments sent to it by cash on delivery and is not liable for the costs associated with such shipments.

VI. Refunds

6.1. The Store will refund the amount due within 14 calendar days using the same payment methods as those used by the Customer in the original transaction, in the event of:

6.1.1. cancellation of an order or part of an order (in this case, the corresponding part of the price will be refunded) that was paid for in advance before it was processed;

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

6.1.3. acceptance of a complaint where it is not possible to repair the damaged product or replace it with a new one;

6.1.4. acceptance of the right to request a reduction in the product price.

6.2. The Store will refund the money to the Customer’s bank account (including an account 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:

6.2.1. in advance by bank transfer or credit card;

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

VII. Privacy Policy and Personal Data Security

7.1. The administrator of the personal data databases provided by the Store’s Customers is the Store.

7.2. The personal data of a customer making purchases in the Store are processed on the basis of the agreement, for the purpose of its performance, in accordance with the principles set out in the European Parliament’s General Data Protection Regulation (EU) (GDPR).

7.3. Detailed rules for the collection, processing and storage of personal data used to fulfil orders by the Store are described in the Privacy Policy, available at: https://www.menisland.pl/polityka-prywatnosci.

VIII. Newsletter

8.1. The Customer may consent to receiving commercial information, including commercial information by electronic means, by selecting the appropriate option in the registration form or via the website. If such consent is given, the Customer will receive the Store’s newsletter at the email address provided.

8.2. The Customer may unsubscribe from the Newsletter at any time independently, by submitting a request to the data administrator or by clicking the deactivation link included in every Newsletter message.

IX. Final Provisions

9.1. The Owner informs, and the Customer acknowledges, that using the Internet may involve the risk of damage that the Customer may suffer as a result of threats occurring online, in particular hacking into the Customer’s IT system, passwords being obtained by third parties, or the Customer’s IT system being infected with viruses.

9.2. To the fullest extent permitted by law, the Store shall not be liable for mail server administrators blocking the delivery of messages to the email address indicated by the Customer, or for emails being deleted or blocked by software installed on the computer used by the Customer.

9.3. Differences between the product’s appearance as displayed due to the Customer’s individual computer settings (colour, proportions, etc.) and the product’s actual appearance may not constitute grounds for a complaint; in such a case, the Customer is entitled to withdraw from the agreement in accordance with the provisions of Section V of these Terms and Conditions.

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

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

9.6. The Owner points out that the Store contains content protected by intellectual property law, in particular works protected by copyright (content posted in the Store, graphic layout, graphics, photographs, etc.). Customers and persons visiting the Store undertake to respect the intellectual property rights (including economic copyrights and industrial property rights, such as rights arising from the registration of trademarks) belonging to the Owner and third parties. The Store’s Customer or a person visiting the Store’s website bears sole responsibility for failing to comply with the provisions of this section.

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

9.8. The Store undertakes to inform registered Store users of any changes to the Terms and Conditions by sending them an electronic message to the email addresses provided during registration. After receiving such information, the Customer may delete their account at any time.

9.9. Matters not regulated by these Terms and Conditions shall be governed by the applicable provisions of Polish law, in particular the Civil Code, the Act on Specific Terms and Conditions of Consumer Sales and Amendments to 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 shall enter into force on 18 December 2018.