Terms of service

Terms and Conditions of the Oshee Drop In Online Store

§ 1
Preliminary Provisions.

The OSHEE DROP IN online store available at www.osheedropin.eu (including sub-sites and tabs at the same address) is operated by OSHEE WORLD sp. z o.o. with its registered office in Krakow at Al. 3 Maja 9, 30-062 Kraków, KRS (National Court Register) No.: 0001129029, REGON (statistical number): 529228297, NIP (tax identification number): 6772513613, share capital of PLN 500,000.00.
Prior to using the Store, the User is obliged to read the Terms and Conditions. Upon accepting the content of the Terms and Conditions, the User is obliged to comply with them. If the User begins using the Store and the services provided through it, it is synonymous with the acceptance of the Terms and Conditions.
The current wording of the Terms and Conditions is available free of charge in the Store via a link available on the home page of the Oshee Drop In Store and in a printed version at the Seller's premises.
The content of the Terms and Conditions can be recorded by the Store user by printing, saving on a medium or downloading it at any time from the website of the Store (Terms and Conditions downloadable in .pdf format).
With regard to services provided in electronic form, these Terms and Conditions are the terms and conditions referred to in Article 8 of the Act on the Provision of Services by Electronic Means.

§ 2
Definitions.

Registration Form – a form available in the Store, used to create an Account.
Order Form – an interactive form available in the Store which allows for placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sale Contract, including the manner of Order execution and payment for the purchased Products.
Customer – any entity placing an Order in the Store (Consumer, Business or Business having Consumer rights), whereby the Customer may only be:
Consumer – a natural person who concludes a contract with the Seller in the Store where the subject matter of the contract is not directly related to their economic or professional activity.
Account – Customer's account in the Store and the System in which the data provided by the Customer and information about orders placed by the Customer in the Store is stored.
Cart – an element of the Store software in which the Products selected by the Customer to be purchased are visible and in which it is possible to determine and modify the Order data, in particular the number of Products or Product packaging.
System Customer Panel – the functionality of the System which allows the Customer to track all operations related to the execution of their Order.
Product – a movable item available in the Store’s offering on the date when an order is placed which is the subject matter of a Sale Contract between the Customer and the Seller, to which the Seller has the ownership right.
Business – a natural person, a legal person and an organisational unit which is not a legal person, to which a separate act of law grants legal capacity, which carries on business or professional activities in its own name, which uses the Store; in the case of a natural person, a person placing an Order at the Online Store for the purpose directly related to their business activity, when the content of the Sale Contract indicates that it is of a professional nature to them, resulting in particular from their objects published pursuant to the provisions on the Central Business Register and Information.
Business with Consumer rights – a natural person who performs legal actions directly related to their business activities, when the content of this action shows that the action is not of professional nature to them, as results in particular from the objects of their business activity published pursuant to the provisions on the Central Business Register and Information.
Terms and Conditions – these terms and conditions of the Store. With regard to services provided electronically, the Terms and Conditions are the rules referred to in Article 8 of the Act on the Provision of Services by Electronic Means of 18 July 2002.
Store – the website operated by the Seller at the address www.osheedropin.eu (including sub-sites and tabs at this address).
Seller – OSHEE WORLD spółka z ograniczoną odpowiedzialnością with its registered office in Krakow at al. 3 Maja 9, 30-062 Kraków, KRS (National Court Register) No.: 0001129029, REGON (statistical number): 529228297, NIP (tax identification number): 6772513613, share capital of PLN 500,000.00.
System – an IT system that enables the performance of the functionalities described in the Terms and Conditions.
Sale Contract – a contract concluded with a Customer as part of an organised distance contracting system (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Consumer Rights Act – Act on Consumer Rights of 30 May 2014.
Act on the Provision of Services by Electronic Means – Act on the Provision of Services by Electronic Means of 18 July 2002.
Order – the Customer's statement of will submitted via the Order Form, aimed directly at concluding a Sale Contract with the Seller regarding a Product or Products.

§ 3
Contact with the Store.

Seller's Address: OSHEE WORLD sp. z o.o., Al. 3 Maja 9, 30-062 Kraków.
Seller's e-mail address: sklep@osheedropin.eu
Seller's telephone number: (+48) 787 826 314
Seller's bank account number: PL26 1140 1081 0000 2772 9300 1007
The Customer may communicate with the Seller using the addresses and telephone numbers given in this section.
The Customer may communicate with the Seller by telephone from Monday to Friday, excluding public holidays, between 10:00 a.m. and 2:00 p.m.

§ 4
Technical Requirements. Electronic Services.

The following is necessary for the use of the Store, including browsing the Store's product range and placing orders for Products:
1. an end device with Internet access and a Web browser installed,
2. an active electronic mail (e-mail) account,
3. enabled cookies – necessary for placing an Order, where the details of the cookies used in the Store can be found in the Privacy Policy and the Cookies Policy.
The public nature of the Internet and the use of services provided by electronic means may involve the risk of Customer data being obtained and modified by unauthorised persons, so Customers should use appropriate technical measures to minimise the aforementioned risks. In particular, the Customers should use anti-virus and identity protection software when using the Internet.
The use of viruses, bots, worms or other computer code, files or programs (in particular, process automation scripts and applications or other codes, files or tools) by users is prohibited within the Store.
The Seller is not responsible for the content of other services and portals to which the Customer may be redirected via links from the online Store (e.g. courier companies or payment operators).
The Seller provides the following electronic services to Customers via the Store free of charge:
1. enabling Customers to place Orders, concluding Sale Contracts upon the terms and conditions set out in these Terms and Conditions;
2. enable the viewing of materials and content on the Online Store;
3. Account - in the case of registration;
4. Cart;
5. Contact Form;
6. Newsletter.
None of the aforementioned electronic services may be used in any way to provide unlawful content by the Customer.
Complaints related to the provision of electronic services may be submitted in accordance with the rules defined in §19 of the Terms and Conditions.
Detailed information on the purpose of storing and accessing information by means of cookies as well as the possibility for the Customer to determine the conditions for storing or accessing the information contained in cookies by means of the settings of the software installed in the telecommunications end device used by the Customer or the configuration of the service can be found on the website at www.osheedropin.eu in the Privacy Policy and the Cookies Policy.

§ 5
General Information.

To the broadest extent permitted by law, the Seller is not to be held liable for any disruptions, including interruptions in the functioning of the Store caused, in particular, by force majeure, unauthorised acts of third parties or the incompatibility of the Online Store with the technical infrastructure of the Customer.
The Seller declares that the content available in the Store is not unlawful and the Seller has all rights to distribute it.
It is not required to create an Account in order to browse the range of products in the Store.
Customers may place orders for Products from the Store's range either after creating an Account in accordance with the provisions of §6 of the Terms and Conditions or by providing the necessary personal and address data in the Order Form, which allows the Order to be processed without creating an Account.
The prices quoted in the Store are in Polish zlotys and they are gross prices (inclusive of VAT) unless otherwise stated with regard to a particular case.
The final amount to be paid by the Customer consists of the price for the Product, the cost of delivery of the Product to the Customer and the additional cost that may be associated with the method of payment chosen by the Customer. The Customer is informed about it on the sites of the Store at the time of the placement of the Order - at the moment of expressing the intention to be bound by the Sale Contract.
When the nature of the subject matter of the Sale Contract does not reasonably allow for the calculation of the final price in advance, information on how the price will be calculated as well as on delivery charges will be provided in the Store in the Product description.
The Seller may organise promotional campaigns which involve, among other things, the provision of discount codes or promotional vouchers to certain Customers where the rules will be defined in separate terms and conditions published on the Store website. The rules for the „Discount Code” promotional campaign are defined in §17 of the Terms and Conditions.
The main features of a performance, including the subject matter and the means of communication with the Customer, are set out on the product site or in another manner within the Store appropriate to the Product. If the Product does not have certain characteristics, properties or functions (e.g. it is an outlet product), the Seller will expressly inform the Customer about this before the Customer has placed the Order.

§ 6
Creating an Account in the Store. Cart.

The Account service is a service provided by the Seller free of charge for an indefinite period of time in order to fully use all the functions of the Online Store.
Additionally, the Seller provides the following services via the Online Store for the Customers who have created an Account:
1. maintaining the Customer's session after the Customer has logged on into the Account (via the browser);
2. storing the history of Orders and making it available to the Customer via the Account,
3. enabling changes to the Customer's data within the Account.
In order to set up an Account in the Store, one needs to fill in the Registration Form by providing the first name, last name, address of residence/registered office, telephone number, tax identification number (for Businesses and Businesses with Consumer rights), e-mail address and password, as well as tick a statement that one has read and agrees to be bound by the provisions of the Terms and Conditions and the Store's Privacy Policy and the Cookies Policy.
To access the Account after completing the Registration Form, one needs to confirm registration by clicking on the link sent to the email address provided in the Registration Form.
As an alternative to the actions performed in accordance with sections 3 and 4 above, it is possible to log on to the Store using a Google account or a Facebook account or using an Apple ID (the use by the Customer of external authentication services for logging in takes place in accordance with the rules of these services provided by external parties and is not subject to these Terms and Conditions).
Within the Account, it is possible to set some additional data, which can then be automatically filled in when placing an Order.
An Account can be created in the Store free of charge.
Logging into the Account occurs by entering the login and password set in the Registration Form.
The contract for the provision of Account services is concluded as soon as the Customer has received the confirmation of registration sent by the Seller to the e-mail address provided by the Customer.
The Customer may cancel the Account at any time, without stating a reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses specified in §3. The deletion of the Account constitutes the termination of the contract for the possession of such an account concluded for an indefinite term.
The Cart Service is a service provided by the Seller via the relevant sub-site of the Online Store, which allows Customers to select Products to place an Order.
The Cart Service is provided free of charge and is a one-off service covering the time during which the Products not yet purchased remain in the Cart. The use of the Cart service begins when the Customer has added the first Product to the Cart. The Cart Service is terminated when an Order has been placed through it or when the Customer discontinues placing an Order through the Cart as the Customer wishes.

§ 7
Rules for Placing Orders.

In order to place an Order, it is necessary to:

select the Product that is to be ordered and then click on the Add to Cart button (or equivalent);
select Continue shopping if you wish to add more Products to the Order or select Cart or Order if all the Products to be included in the Order have already been added to the Order;
log in or use the option to place an Order without registration;
choose whether the order is placed by a PRIVATE INDIVIDUAL or a COMPANY (for the COMPANY, it is also necessary to indicate the tax identification number);
choose the method of payment and delivery method from the available options at the time of placing the Order in the Store;
enter a discount code if the Customer has one and wants to use it;
if the option of placing the Order without registration has been chosen, fill in the Order Form by entering the billing data and the data of the Order recipient if it differs from billing data;
if logged on - fill in the Order Form by completing the fields which have not been filled in automatically;
tick the declaration of acceptance of the Terms and Conditions and the Privacy Policy and the Cookies Policy;
click the „Order and pay” button;
pay for the Order (including delivery costs) within 48 hours.

The detailed rules for placing subscription orders for Products are set out in the Terms and Conditions for Subscription Orders.

§ 8
Delivery and Payment.

Up-to-date information on the available order delivery and payment methods can be found on the Store sub-site DELIVERY AND PAYMENT.

§ 9
Performance of the Sale Contract.

The placement of an Order by the Customer via the Order Form in the Online Store in accordance with §7 of the Terms and Conditions is a condition for the conclusion of a Sale Contract between the Customer and the Seller.
Once an order has been placed, the Seller immediately confirms its receipt by sending the relevant e-mail message to the Customer to the e-mail address assigned to the Account or to the e-mail address provided when placing the Order. Such a message does not constitute an acknowledgement of acceptance of the Customer's offer. It is merely an indication that the Seller has received the order.
Upon verification if the Order can be accepted, the Seller sends a message to the Customer confirming the acceptance of the Order. The message should contain at least the attached content of these Terms and Conditions, the confirmation of the conclusion of the Sale Contract by the Seller and the information on the buyer's right to withdraw from the Sale Contract (if the buyer has such a right). As soon as the Customer has received confirmation of the acceptance of the Order, the Sale Contract is concluded between the Customer and the Seller.
In the event of a shortage of Products in stock, which makes it impossible to complete the whole Order, the Customer will be notified by the Seller via e-mail sent to the e-mail address assigned to the Account or to the e-mail address provided when placing the Order, within 24 hours of placing the Order, that the whole Order cannot be completed. The Customer will be offered to modify the Order by changing the shipment date of the entire Order or by replacing the missing Product with another one available in the offer. If the Customer accepts the modification of the Order, the Customer should confirm this within 24 hours of receiving the message from the Seller. If no confirmation is received within the specified time limit, the Order will be cancelled.
As soon as the Seller receives confirmation of acceptance of the Order modification, a Sale Contract is concluded between the Customer and the Seller. Then the Seller immediately sends a message about the acceptance of the order to the Customer. The message should contain at least the attached content of these Terms and Conditions, the confirmation of the conclusion of the Sale Contract by the Seller and the information on the buyer's right to withdraw from the Sale Contract. As soon as the Customer receives confirmation of the acceptance of the Order, the Sale Contract is concluded between the Customer and the Seller.
The User has the option to track the Order via the System's Customer Panel.
The minimum duration of the Customer's obligations under the Sale Contract is until the Customer has exercised its right to withdraw from the Sale Contract or until the expiry of the time limits for the Customer to exercise such a right.
The Sale Contract is concluded in the Polish language and is governed by Polish law.

§ 10
Conditions of the Performance of the Sale Contract.

The Customer is obliged to make a payment within 72 hours from the moment the Customer has received the Seller's confirmation of the acceptance of the Order or the Buyer's approval of the Order. If the price of the Order is not paid by the Customer within this time limit, the ineffective expiry of this time limit will be treated as the withdrawal from the Sale Contract by the Seller. The Seller is not liable for any mistakes made by the Customer when placing the Order.
The ordered products will be dispatched (handed over to the delivery agent) by the Seller within 48 hours of the receipt of full payment for the Products by the Seller, subject to §9(4) of the Terms and Conditions.
The shipment of the ordered products takes place in a manner selected by the Customer when placing the Order.
The estimated time of delivery of the Products is indicated on the website of the Online Store under the DELIVERY AND PAYMENT tab and it depends on the method of delivery chosen by the Customer, but in any case the deadline for delivery of the ordered Products to the Customer is up to 30 days from the conclusion of the Sale Contract. The total Customer’s waiting time for the ordered Products consists of the time spent by the Seller on preparing the Products for shipment and the time of the delivery of the Products to the Customer to the address given when placing the Order.
The delivery of the Product takes place only in Poland.
A fee is charged for the delivery of the Product to the Customer unless the Sale Contract provides otherwise. The costs of Product delivery are specified for the Customer when placing the Order, also at the time when the Customer expresses their intention to be bound by the Sale Contract.
A VAT invoice is issued by the Seller in electronic form and it is sent to the Customer to the e-mail address provided when the Order is placed, unless the Customer expressly wishes to receive the invoice on paper or to receive an electronic invoice at a different e-mail address.

§ 11
Customer's Rights.

The Sale Contract concluded by the Consumer with the Seller is a distance contract and the provisions of the Consumer Rights Act concerning distance contracts, including the right of withdrawal, apply to it, with the exception of the cases defined in §12(12) of the Terms and Conditions. The provisions of the Consumer Rights Act concerning the right to withdraw from a distance contract also apply to Sale Contracts concluded by the Business having Consumer rights with the Seller.
The generally applicable legal provisions concerning liability for the conformity of the product with the sale contract apply to any Product Sale Contract concluded by the Customer with the Seller, subject to §14 of the Terms and Conditions.
The Seller is responsible for the delivery of the ordered Products. The Seller is also liable for loss of, shortage of, damage to the shipment containing the Products or for untimely delivery during the time between its release for transport and its delivery to the destination (subject to §14 of the Terms and Conditions).
The Customer should pay due attention to the condition of the shipment containing the ordered Products upon its receipt, in particular whether the shipment is not damaged or destroyed.

§ 12
Rights to Withdraw Vested in the Consumer and Business Having Consumer Rights.

The Sale Contract concluded by the Consumer with the Seller is a distance contract and the provisions of the Consumer Rights Act concerning distance contracts, including the right to withdraw from the contract, apply to it, except for the cases specified in §12(12) of the Terms and Conditions. The provisions of the Consumer Rights Act concerning the right to withdraw from a contract concluded at a distance also apply to Sale Contracts concluded by the Business with Consumer Rights with the Seller. A Customer who is a Consumer or a Business having Consumer rights, respectively, who has concluded a distance contract, has a right to withdraw from the Sale Contract without stating any reason and without incurring any costs (except for the costs described in section 6, section 10 second sentence and section 11 below) within 14 days in accordance with Articles 27-38 of the Consumer Rights Act.
The time limit for withdrawal from the Sale Contract starts on the day on which the Consumer or Business having consumer rights or a third party appointed by it other than the forwarder takes possession of the Product. In the case of the Sale Contract which:
1. includes multiple Products which are delivered separately, in batches or in parts - it starts from taking possession of the last Product, batch or part thereof,
2. involves regular deliveries of Products for a fixed period of time - it starts from taking possession of the first Product.
The withdrawal from the Sale Contract takes place by making an unequivocal declaration by the Consumer or Business having Consumer rights. The declaration of withdrawal from the Sale Contract may be submitted via e-mail to the Seller's e-mail address: sklep@osheedropin.eu or it can be sent by traditional mail to the Seller's address: OSHEE WORLD sp. z o.o., Al. 3 Maja 9, 30-062 Kraków. The right to withdraw may also be exercised by sending a completed withdrawal form (Downloadable form.pdf) to the Seller or the form attached as Annex 2 to the Consumer Rights Act, but this is not obligatory. In order to enhance the service and ensure its highest quality, the Customer is requested to enclose the proof of purchase with the returned Products. In order for the time limit to be observed, it is sufficient to send the statement before the expiry of the deadline.
In the event that the Consumer or the Business with Consumer rights sends a statement of withdrawal from the Sale Contract via e-mail, the Seller will immediately send to the Consumer or Business having Consumer rights to the e-mail address provided by the Consumer or Business having Consumer rights the confirmation of receipt of the statement of withdrawal from the Sale Contract.
In the event of withdrawal from the Sale Contract, the Sale Contract is deemed not to have been concluded. The Consumer or Business having Consumer rights is obliged to return the purchased Products immediately but no later than within 14 days from the day on which they withdrew from the Sale Contract. In order for the time limit to be observed, it is sufficient to send back the Products before the expiry of the deadline.
The Consumer or Business with Consumer rights bears the direct costs of returning the Products.
The returned Product should be sent back to the address of Fulfilio Sp. z o.o. - OSHEE Drop In, ul. Łubińska 10, 05-532 Łubna, telephone number for couriers: 787 826 314
Payments will be refunded to Consumers or Businesses with Consumer rights immediately but no later than within 14 days of the receipt of the statement of withdrawal from the Sales Contract. However, the Seller may withhold the refund until it has received the Product back or the Consumer or Business with Consumer rights has provided proof of return, whichever event occurs first.
The payment will be reimbursed using the same method of payment used by the Consumer or Business with Consumer Rights, unless the Consumer or Business with Consumer Rights expressly indicates in the statement of withdrawal another means of reimbursement that does not entail any costs on the part of the Consumer or Business with Consumer Rights.
If the Consumer or Business with Consumer rights incurs Product shipment costs, these costs are also refundable. However, if the Consumer or Business with Consumer rights has chosen a method of delivery of the Goods other than the cheapest method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer or Business with Consumer rights for the additional costs incurred by the Consumer.
The Consumer or Business having Consumer rights is liable for any decrease in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
The right to withdraw from a contract signed off the premises or a distance contract is not available to a Consumer or a Business with Consumer rights in respect of contracts:
1. for the provision of services for which the Consumer or Business with Consumer rights is obliged to pay the price if the Seller has performed the service in full with the express consent of the Consumer or Business having Consumer rights who has been informed before the performance of the service by the Seller that after the Seller's performance they will lose the right to withdraw from the contract, and has acknowledged this,
2. in which the price or remuneration depend on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the time limit for withdrawal,
3. in which the object of the performance is a non-prefabricated product manufactured according to the specification provided by the Consumer or Business having Consumer rights, or used to satisfy the Consumer's personalised needs,
4. in which the object of the performance is a perishable product or a product with a short shelf life,
5. in which the object of the performance is a product supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,
6. in which the objects of the performance are goods which by their nature will be inseparable from other goods upon delivery,
7. in which the objects of the performance are alcoholic beverages the price of which has been agreed upon when concluding the sale contract and the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
8. in which the Consumer or Business having Consumer rights has expressly requested the Seller to visit them in order to carry out urgent repairs or maintenance, if the Seller provides services in addition to those requested by the Consumer or Business having consumer rights or supplies goods other than spare parts necessary for carrying out the repairs or maintenance, the right to withdraw from the contract is vested in the Consumer or Business with Consumer rights with regard to the additional services or goods,
9. in which the objects of the performance are sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery,
10. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract,
11. concluded by public auction,
12. for the provision of accommodation other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events if the contract specifies the date or period of the service,
13. for the supply of digital content not supplied on a tangible medium for which the Consumer or Business with consumer rights is bound to pay the price if the Seller has begun to perform with the express consent of the Consumer or Business with consumer rights, who has been informed before the performance begins that after the Seller has performed they will lose the right to withdraw, and has acknowledged this,
14. for the provision of services for which the Consumer or Business with Consumer rights is bound to pay the price, where the Consumer or Business with Consumer rights has expressly requested the Seller to come to the Seller for repair and the service has already been provided in full with the express and prior agreement of the Consumer or Business with Consumer rights.

§ 13
Liability towards the Consumer and the Business having Consumer Rights for Non-Conformity of the Product with the Sale Contract.

Complaints are processed pursuant to the provisions of the Consumer Rights Act.
The Seller is liable to the Customer who is a Consumer or a Business with Consumer rights if the sold Product is not in conformity with the concluded Sale Contract. The Seller's liability for non-conformity of the Product with the Sale Contract is regulated by the Consumer Rights Act, in particular Article 43a et seq. of the Consumer Rights Act.
In the event of non-conformity of the Product with the Sale Contract, the Customer referred to in section 2 above may request that the Product be repaired or replaced. If it is impossible to bring the Product to conformity with the Sale Contract in a way chosen by the Customer or if it requires excessive costs on the part of the Seller, the Seller may:
1. replace the Product when the Customer requests a repair, or
2. repair the Product when the Customer requests a replacement.

If the repair and replacement are impossible or would entail excessive costs on the part of the Seller, the Seller may refuse to bring the Product to conformity with the Sale Contract. When assessing whether the costs are excessive for the Seller, all circumstances of the case are taken into account, in particular the significance of the non-conformity of the Product with the Sale Contract, the value of the Product in conformity with the Sale Contract and the excessive inconvenience for the Customer caused by the change in the manner of bringing the Product to conformity with the Sale Contract.

In the cases specified in sections 3 a-b, the Customer makes the Product to be repaired or replaced available to the Seller and the Seller collects the Product from the Customer at the Seller's expense. The details of collection are agreed individually as part of the given complaint. The Seller repairs or replaces the Product within a reasonable time from the moment the Customer informed the Seller of the Product's non-conformity and without undue inconvenience for the Customer, taking into account the specific nature of the Product and the purpose for which the Customer purchased it. The Seller bears the costs of repairing or replacing the Product, including in particular the costs of postage, carriage, labour and materials. The Customer is not obliged to pay for the ordinary use of the Product, which is subsequently replaced.
If the Product is not in conformity with the Sale Contract, the Customer referred to in section 1 may request a price reduction or may withdraw from the Sale Contract if:
1. the Seller has refused to bring the Product to conformity with the Sale Contract in accordance with section 3;
2. the Seller has failed to bring the Product to conformity with the Sale Contract in accordance with section 4;
3. the non-conformity of the Product with the Sale Contract continues even though the Seller has tried to bring the Product to conformity with the Sale Contract;
4. the non-conformity of the Product with the Sale Contract is so significant that it justifies a reduction in price or withdrawal from the Sale Contract without prior use of the remedies given in section 3;
5. it is clear from the Seller's statement or circumstances that the Seller will not bring the Product to conformity with the Sale Contract within a reasonable time or without undue inconvenience for the Customer.
The reduced price remains in such proportion to the price of the Product resulting from the Sale Contract as the value of the Product which is not in conformity with the Sale Contract remains to the value of the Product in conformity with the Sale Contract. The Seller will refund the amounts due as a result of the price reduction to the Customer immediately, but no later than within 14 days of the receipt of the Customer's declaration on price reduction.
The Customer referred to in section 2 above may withdraw from the Sale Contract if the non-conformity of the Product with the Sale Contract is material. The Client may not withdraw from the Sale Contract if the non-conformity of the Product with the Sale Contract is not material. It is presumed that the non-conformity of the Product with the Sale Contract be material. In the event of withdrawal from the Sale Contract, the Customer immediately returns the Product to the Seller at the Seller's expense. The Seller reimburses the price of the Product to the Customer immediately, but no later than within 14 days of the receipt of the Product or proof of return of the Product. If the non-conformity of the Product with the Sale Contract refers only to some of the Products delivered in accordance the Sale Contract, the Customer may withdraw from the Sale Contract only with respect to those Products and also with respect to other Products purchased by the Customer together with Products which are not in conformity with the Sale Contract if it cannot be reasonably expected that the Customer would agree to retain only Products conforming to the Sale Contract.
The Seller refunds the price using the same method of payment as the one used by the Customer unless the Customer has expressly agreed to a different method of refund which does not entail any costs on the part of the Customer.
The Seller is not liable for the non-conformity of the Product with the Sale Contract if the Customer referred to in section 2 above has been clearly informed that a specific feature of the Product deviates from the following requirements for compliance with the Sale Contract at the time of concluding the Sale Contract at the latest:
1. fitness for the purposes for which the Product of this type is normally used, taking into account the applicable legal provisions, technical standards or good practices;
2. occurrence in such quantity and possessing such characteristics, including durability and safety, that are typical of Products of the type and which may be reasonably expected by the Customer, taking into consideration the nature of the Product and the public assurances made by the Seller, its legal predecessors or persons acting on its behalf, in particular in advertising or on labels;
3. delivery of the Product with packaging, accessories and instructions which may be reasonably expected by the Customer to be provided;
4. having the same quality of the Product as the sample or design which the Seller made available to the Customer prior to the conclusion of the Sale Contract and corresponding to the description of such a sample or design - and separate acceptance of the absence of a specific feature of the Product.
The Seller is liable for any non-conformity of the Product with the Sale Contract existing at the time of delivery of the Product and discovered within two years of the delivery of the Product unless the shelf life of the Product is longer. It is presumed that any non-conformity of the Product with the Sale Contract which became apparent before the expiry of two years from the delivery of the Product had existed at the time of delivery, unless the contrary is proven or this presumption cannot be reconciled with the nature of the Product or the nature of the non-conformity of the Product with the Sale Contract.
In the event of exercising claims or entitlements due to the non-conformity of the Product with the Sale Contract, complaints should be lodged to the following address: OSHEE Polska sp. z o.o., Al. 3 Maja 9, 30-062 Kraków or by e-mail to sklep@osheedropin.eu.
The Consumer and the Business having Consumer rights will be informed by the Seller within 14 days of the filing of the complaint about the outcome of complaint processing. The Seller’s failure to respond to the request within the time limit specified in the first sentence means that the request is considered justified.
Before collecting the shipment from the post office or from the courier, the Customer should check the condition of the shipment, in particular whether the packaging has not been damaged or destroyed in transit. The Customer should pay particular attention to the condition of the tapes affixed to the shipment. If the packaging of the shipment bears the traces of damage or if the tapes are torn, the shipment should be opened in the presence of the courier or an employee of the postal operator, and then if the Product is damaged, a damage report should be drawn up with the participation of the courier or the employee of the postal operator and the Seller should be contacted.

§ 14
Provisions regarding Customers who are not Consumers and Businesses with Consumer Rights.

This section of the Terms and Conditions and the provisions contained herein only apply to Customers who are not Consumers and Businesses with Consumer rights.
The moment the Product is released by the Seller to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product are transferred to the Customer referred to in section 1 above. In such a case, the Seller is not liable for any loss of, shortage of or damage to the Product occurring from its acceptance for carriage until its release to the Customer and for any delay in the shipment.
In accordance with Article 558 §1 of the Polish Civil Code, the Seller's liability under warranty for the Product towards the Customer referred to in section 1 is exclude
Neither the Seller nor its employees, authorised representatives or agents are liable to the Customer referred to in section 1 above, its subcontractors, employees, authorised representatives and/or agents for any damage, including loss of profit, unless the damage was caused by them intentionally.
Whenever the liability of the Seller, its employees, authorised representatives and/or agents is established, such liability towards the Customer referred to in section 1 above, irrespective of its legal basis, is limited (both as part of a single claim as well as for all claims in total) to the amount of the price paid of the Products and delivery costs under the last Sale Contract and only covers the damage actually incurred (excluding lost profits).
Any and all disputes arising between the Seller and the Customer referred to in section 1 above are submitted to the court having jurisdiction over the Seller's registered office.
With respect to the Customers referred to in section 1 above, the Seller may amend the Terms and Conditions at any time on the basis of generally applicable provisions of law.

§ 15
Contact Form.

The contact form service is a service provided by the Seller through the relevant sub-site of the Store - Contact Us, it allows Customers and other users of the Store to send a message to the Seller.
In order to use the contact form, one should enter the relevant sub-site of the Store - Contact Us, fill in the data in the contact form (first name, e-mail address and content of the message), tick the consent (checkbox) regarding the processing of the Customer's personal data for the purpose of handling the enquiry sent from the contact form and click the Sendbutton.

§ 16
Newsletter.

The newsletter service is a service provided by the Seller via e-mail. It allows users of the Store to receive automatic information about products offered by the Seller or the Seller's partners, novelties and available promotions.
Store Users can use the newsletter service by providing the first name and e-mail address appropriate for receiving the newsletter in the footer on each sub-site of the Store, ticking a statement of acceptance of the Terms and Conditions as well as the Privacy Policy and clicking on the Subscribe button or by marking the relevant statement in the Registration Form.
Store Users may unsubscribe from the newsletter service at any time without stating a reason. In order to unsubscribe, a request should be sent to the Seller via e-mail to the following address sklep@osheedropin.eu or by clicking on the link in each issue of the newsletter.

§ 17
Rules of the "Discount Code" Promotional Campaign.

The "Discount Code" Promotional Campaign enables the Store Customers who have consented to the newsletter in accordance with §16 of the Terms and Conditions to use a discount code in the form of an electronic alphanumeric code which has its individual designation:
1. an individual combination of letters/numbers/characters;
2. an expiry date;
3. text information about the minimum purchase amount entitling to use the discount code, if any;
4. the value of the discount code expressed as a percentage (percentage code).
A percentage discount code entitles Customers to purchase Products offered by the Store with the discount shown on the voucher.
The value of the discount is spread proportionally over all Products placed in the Cart.
The discount code is not to be combined with any other promotional offers available in the Store.
Customers have the right to use the code once when shopping in the Store.
Discount codes are not combined. Customers can only use a single discount code per transaction. Discount codes do not add up. Two codes cannot be used for one purchase.
Discount codes are not redeemable for cash equivalents.
Discount codes are not means of payment, but only percentage discounts granted by the Seller.
Customers activate discounts by adding a selected product from the list to the Cart and then entering the discount code in the designated field in the Cart. Once a valid code has been entered and it has been approved, the Customer is granted a discount calculated on the current retail price of the Product in accordance with the rules defined in these Terms and Conditions.
Discount codes cannot be used after their expiry dates.
Discount codes may not be used by an unauthorised person or by a person who has fraudulently gained possession of it
Products purchased as part of a promotion may be returned upon the terms given in the Terms and Conditions of the Online Store.
If Products purchased as part of a promotion are returned, the Customer will be refunded the value of the Products shown on the bill/invoice.
Any and all complaints concerning defects in goods or returns on purchases using a discount code will be dealt with under the general terms and conditions given in the Terms and Conditions.

§ 18
Product Reviews.

All Customer reviews of Products purchased in the Store are verified. The Store only obtains feedback from individuals who have actually made a purchase.
Store Users may be given the option to add comments under various content available in the Store. For this purpose, the Store user needs to enter their nick and e-mail addres
The submission of a comment in the Store by a user through the existing functionality of the Store is synonymous with the consent of the Store user to the sharing of such a comment in the Store and granting the Seller a free licence, unlimited in time or territory, to make such comment available in the Store where the licence covers all fields of exploitation necessary for such publication.
The Seller reserves the right to decide whether to make the comments of Store users available in the Store, about the date when they are made available and about the period for which they will remain available in the Store. However, the Seller is not obliged to control and verify the comments.
The Seller is only authorised to share Store user’s comments within the Store without altering it
If the Seller receives an official notification of the unlawful nature of a comment left by the Store user, the Seller has the right to disable access to this data.
If the Seller obtains reliable information about the unlawful nature of a comment left by the Store user, the Seller has the right to disable access to this data provided that the user who has added the comment is immediately notified of the intention to prevent access to it.
It is forbidden to post in the Store any content that is contrary to applicable law and the rules of social coexistence, content inciting racial, religious or ethnic hatred or promoting violence, inciting to commit a crime or vulgar, offensive content which is commonly considered to be morally reprehensible, socially inappropriate, content infringing upon personal rights or to transmit such content through the Store. Unauthorised use of someone else's image which violates good manners and the principles of netiquette, and any actions that would expose the Store to legal liability or could cause damage to it are also prohibited.

§ 19
Complaints Regarding the Provision of Services by Electronic Means

The Seller takes steps in order to ensure the fully correct functioning of the Online Store to the extent resulting from the current technical expertise and undertakes to eliminate any irregularities reported by the Customers within a reasonable period of time.
In order to enable the fulfilment of the obligations referred to in item 1 above, the Seller should be immediately notified of any irregularities or interruptions in the functioning of the Online Store website.
Irregularities related to the functioning of the Online Store may be reported by the Customers in writing to the following address: OSHEE WORLD sp. z o.o., Al. 3 Maja 9, 30-062 Kraków, by e-mail to sklep@osheedropin.eu or with the use of the Contact Form.
In the complaint, the Customer should state their first and last name, mailing address, type and date of the irregularity related to the functioning of the Online Store.
The Seller is obliged to process each complaint within 14 days or, if this is not possible, to inform the Customer within this time limit when the complaint will be dealt with and what the reasons for the delay are.
To the broadest extent permitted by law, the Seller is not to be liable for any disruptions, including interruptions in the functioning of the Online Store caused, in particular, by force majeure, unauthorised acts of third parties or incompatibility of the Online Store with the technical infrastructure of the user of the Online Store.

§ 20
Out-of-Court Complaint and Claim Procedures.

The detailed information concerning the options available to the Customer who is a Consumer to use out-of-court methods of dealing with complaints and asserting claims as well as rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organisations whose statutory duties include consumer protection, Province Inspectorates of Trade Inspection and at the following internet addresses of the Office for the Protection of Competition and Consumers:

http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php oraz http://www.uokik.gov.pl/wazne_adresy.php.

The Consumer has the following options of out-of-court procedures of complaint settlement and seeking the satisfaction of claims:
1. The Consumer has the right to address the permanent arbitration consumer court referred to in Article 37 of the Act on the Trade Inspection of 15 December 2000 (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising out of the contract concluded with the Seller;
2. The Consumer is entitled to request that the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act on the Trade Inspection of 15 December 2000 (Journal of Laws of 2014, item 148, as amended) should instigate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller;
3. The Consumer may obtain free assistance in resolving a dispute between them and the seller, also using the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).

§ 21
Personal Data in the Store.

The detailed provisions on personal data protection are given in the Privacy Policy and the Cookies Policy.

§ 22
Final Provisions.

Contracts concluded through the Online Store are concluded in the Polish language. Unless otherwise stipulated by mandatory legal provisions, the law of Poland will govern all disputes arising out of these Terms and Conditions.
The Seller reserves the right to amend the Terms and Conditions for important reasons, which may include, in particular, changes to the provisions of law or changes in the methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of the Terms and Conditions. The Seller will inform the Customer of each change at least 7 days in advance by means of an e-mail message sent to the Customer's address provided when creating an Account, placing an Order or subscribing to the Newsletter; such a message will contain the attached new content of the Terms and Conditions. The Customer has the right to resign from the services offered by the Seller as a result of the amendments to the Terms and Conditions by submitting an explicit statement of such resignation to the Seller. In such a case, the Seller is obliged to delete the Account of the Customer who has made such a declaration. If the Customer does not submit a statement of cancellation of the use of the Seller's services within 14 days from the receipt of an e-mail containing information on amendments to the Terms and Conditions, it is assumed that such amendments have been approved by the Customer.
All rights to the content posted in the Store are reserved to the Seller. All intellectual property rights to the whole content of the Store or any part thereof, including the content, materials and information contained therein, in particular texts, navigation solutions, selection and layout of presented content, word and graphic logos, interactive applications, audiovisual materials, compilations of materials, photographs, questionnaires, forms, templates and studies are subject to legal protection. Modifying, copying, distributing, transmitting, displaying, transferring, reprinting, sub-licensing, creating collective works from the materials referred to above, or sending back and selling these materials is prohibited, except with the express consent of the Seller.
In the event of a breach of the Terms and Conditions by a user registered with the Store, the Seller has the right, at its option, to terminate the contract concerning the maintenance of the Account with immediate effect or to suspend the provision of such services for a period of time chosen by it. The Seller will notify the user registered in the Store of the termination or suspension via an e-mail sent to the address provided during registration.
To the broadest extent permitted by law, the Seller is not to be liable for any disruptions, including interruptions in the functioning of the Store caused, in particular, by force majeure, unauthorised acts of third parties or incompatibility of the Store with the user's technical infrastructure.
In matters not governed by the Terms and Conditions, the generally applicable provisions of Polish law will apply, in particular, the Polish Civil Code, the Act on the Provision of Services by Electronic Means, the Consumer Rights Act.

Attachments:

Withdrawal form