TERMS AND CONDITIONS FOR THE
POCKETSULU.COM ONLINE SHOP
§ 1
GENERAL PROVISIONS
These Terms and Conditions shall govern all use of the
www.pocketsulu.com online Shop by all Users.
The Terms and Conditions stated herein set forth: the conditions of
concluding and terminating Product Sales Agreements, the course of the complaints procedure as well as the type
and scope of electronic services rendered through the www.pocketsulu.com online Shop, the conditions of rendering
the electronic services and the conditions for concluding and terminating electronic services
agreements.
By using the Electronic Services available through the Shop located
at www.pocketsulu.com, the User agrees to be legally bound and to abide by these Terms and
Conditions.
To all matters not settled herein the following provisions of Polish
law shall apply:
Act on Rendering Electronic Services of 18 July, 2002 (Dz. U.
[Journal of Laws] No. 144, item 1204, as amended),
Consumer Rights Act of 30 May 2014 (Dz. U. 2014, item
827),
Act on Out-of-court Settlement of Consumer Disputes of 23
September 2016 (Dz. U. 2016, item 1823),
Provisions of the Civil Code Act of 23 April, 1964 (Dz. U. No. 16,
item 93, as amended) and all other applicable provisions of Polish law.
§ 2
DEFINITIONS FOR THESE TERMS AND CONDITIONS
CONTACT FORM – shall refer to the electronic available at www.pocketsulu.com that allows you to send a message to the Service
Provider.
REGISTRATION FORM − shall refer to the electronic form available at
www.pocketsulu.com required for Account registration.
ORDER FORM – shall refer to the electronic form available at
www.pocketsulu.com, required for Order placement.
CUSTOMER – shall refer to a User concluding a Sales Agreement with the Seller.
CONSUMER – shall refer to any natural person entering into a transaction with the Seller for purposes that
are outside their business, trade or profession.
ACCOUNT – shall refer to the assigned individual username (login name) and password providing access to an
organised collection of digital content, including details for individual orders, stored on the Service
Provider’s ICT-System.
PRODUCT – shall refer to any movables or services available at www.pocketsulu.com and covered by a Sales
Agreement concluded between the Customer and the Seller via the online Shop.
TERMS AND CONDITIONS − shall refer to the Terms and Conditions contained
herein.
SHOP − shall mean the Service Provider’s online Shop located at
www.pocketsulu.com.
SELLER, SERVICE PROVIDER – SULU GLOBAL limited liability company entered in the Register of Entrepreneurs by the
Katowice-Wschód District Court in Katowice, VIII Commercial Department of the National Court Register under the
number: 0000795485, place of business: ul. Strzelców Bytomskich 4/14, 40-310 Katowice, address for service: ul.
Rewolucjonistów 16/35, 42-500 Będzin, NIP: 9542806193, REGON: 383925273, email address:
shop@pocketsulu.com
SALES AGREEMENT – shall refer to any Product Sales Agreement concluded between the
Customer and the Seller through the Shop.
ELECTRONIC SERVICES – shall refer to the services provided electronically by the Service
Provider via the Shop.
USER − shall refer to any natural person, a corporate or non-corporate entity granted full legal
capacity under imperative provisions of law, using the Electronic Services.
ORDER – shall refer to the Customer’s declaration of intent to enter into a Product Sales Agreement with
the Seller.
§ 3
PRODUCT AND ORDER INFORMATION
The Shop located at www.pocketsulu.com conducts retail and wholesale of Products via the
Internet.
Products
offered through the Shop are brand new, free from physical or legal defects and have been legally introduced onto
the Polish market.
The information provided at www.pocketsulu.com does not constitute
an offer as defined by applicable law. By placing an Order, the Customer makes an offer to buy a selected Product
under the terms set forth in the Product description.
The Product prices at www.pocketsulu.com are given in Polish zloty
(PLN) and include all measurable costs, such as value added tax (VAT). The prices do not include delivery
fees.
The Product prices at www.pocketsulu.com only become binding when
the Customer has placed an Order. This price is unaffected by any price changes once the Order has been
placed.
Orders can be placed through the website 24 hours a day, 365 days a
year by completing an Order Form at www.pocketsulu.com
The Customer is not required to register an Account to place an Order.
Customers are required to read and accept these Terms and Conditions
during Order placement.
Orders are processed between: 10:00 and 15:00 Monday to Friday on
working days. Orders placed after 15:00 on working days as well as Orders placed on Saturday, Sunday or a public holiday
shall be processed the next working
day.
Special priced Products (promoted as part of a sale) are only
available in limited numbers. Orders for special priced Products will be processed in the order in which they are
received, until the Products are sold out.
§ 4
CONCLUDING SALES AGREEMENTS
In order to conclude a Sales Agreement, the Customer must place an
Order, in accordance with the rules set forth under § 3 points 6
and 8 of the Terms and Conditions, by choosing one of
the methods made available by the Seller.
After placing a purchase Order, the Customer immediately receives an
Order confirmation from the Seller.
Receiving an Order confirmation from the Seller is the point at
which the Order becomes binding on the Customer. The Order confirmation and acceptance is sent to the Customer
via email.
The Order confirmation email shall include the following
elements:
confirmation of all relevant Order
details,
model statement of withdrawal from the
agreement,
these Terms and Conditions containing information on the right of
withdrawal.
After receiving the confirmation email, as set forth under point 4
of this paragraph, the Sales Agreement between the Customer and the Seller is finally
concluded.
Confirmation of acceptance of the Order for processing takes place immediately after
receiving payment under the concluded Sales Agreement in the form of an email sent to the customer’s
address.
Each Sales Agreement shall be confirmed by a proof of purchase (a
VAT invoice) attached to the Product.
§ 5
METHODS OF PAYMENT
The following payment options are made available to the
Customer:
electronic payment via electronic payment
systems,
traditional bank transfer to the Seller’s bank
account.
Traditional bank transfers should be made into the following bank
account: 72 1050 1243 1000 0090 8066
2878 (ING Bank Śląski S.A.) Swift: INGBPLPW SULU GLOBAL sp. z o.o., ul. Strzelców Bytomskich 4/14, 40-310 Katowice, NIP:
9542806193. The customer should enter the following in the payment title: “Order
no. ……”.
All electronic payments must be made before an Order can be
processed. Available electronic payment systems include payments by credit card as well as instant bank transfers
in selected Polish banks.
The Customer shall pay the amount equal to the purchase price
specified in the Sales Agreement within 3 working days from the date of its conclusion unless indicated otherwise
in the Sales Agreement.
If you choose the payments described in items 1.1 and 1.2 of this paragraph
Product shall be dispatched only after payment is
received.
§ 6
DELIVERY COST, TIME AND METHOD
The delivery costs of the Product, which are covered by the Customer, are determined
during the Order submission process and depend on the choice of payment method and delivery method of the
purchased Product.
The delivery time depends on how long it takes the Seller to process
an Order and how long it takes the carrier to deliver the Product to the Customer once it is
dispatched.
The time of completing the Products is from 2 to 7 business days from the moment of
posting the funds paid under the Sales Agreement on the Seller’s account.
Delivery of Products constituting movable goods by the carrier takes place within the
period declared by him, i.e. from 5 to 7 business days from the moment of sending the parcel (delivery takes
place only on business days, excluding Saturdays, Sundays and holidays).
Products purchased in the Shop are sent only within Poland via Poczta Polska or a
courier.
Products purchased in the Store may be picked up by the Customer in person at:
ul. Częstochowska 38 / 52, 93-121 Łódź
§ 7
COMPLAINTS PROCEDURE
Manufacturer’s Warranty.
All Products sold through the Shop are covered under the
manufacturer’s warranty which is applicable within the European Union.
The warranty period for the Products sold through the Shop is 12
months and begins from the date of delivery of the Product to the Customer.
A proof of purchase: a fiscal receipt is required to validate any warranty
claims.
The manufacturer’s warranty does not override any Consumer
or the entity referred to in § 10 of
the Terms and Conditions entitlements arising from the statutory warranty for physical or legal defects, set out in the
Civil Code.
Statutory warranty
process.
The legal basis and the extent of the Seller’s liability to the
Consumer-Customer for physical or legal defects in Products are set forth under the Civil Code Act of 23 April,
1964 (Dz. U. No. 16, item 93, as amended).
Notice of a Product defect and all demands should be submitted via
email to the following address:
shop@pocketsulu.com or in writing to the following
address: ul. Rewolucjonistów 16/35, 42-500 Będzin
The notice, submitted electronically or on paper, should contain
sufficient detail about the subject of the complaint and about the circumstances giving rise to the issue.
Specifically, complaints should include information about the nature of the issue, the date when the issue
first arose as well as the complainant’s contact details Providing all necessary data will speed up the
complaint-handling process.
Where inspection is deemed necessary to determine the scope of the
defect, the defective Product shall be returned to the following address: ul. Rewolucjonistów 16/35, 42-500 Będzin
A response to the Customer’s demand shall be sent promptly and, in
any event, no later than within 14 days following the date of receipt.
In the case of complaints submitted by consumer Customers or the
entity referred to in § 10 of the Terms and Conditions – the Seller’s failure to consider the Customer’s
complaint within 14 days of its receipt shall be construed as tantamount to a decision in the Customer’s
favour. If a complaint is decided in favour of the Consumer-Customer or the entity referred to in § 10 of the
Terms and Conditions the Seller shall bear the costs and expenses incurred in connection with the pick-up,
delivery and replacement of the defective Product with one free from defects.
A response to the complaint is delivered to the Consumer on paper
or another tangible medium.
§ 8
RIGHT TO WITHDRAW
With the stipulation of point 10 of this chapter Consumer-Customers
or the entity referred to in § 10 of the Terms and Conditions have the right to withdraw from a distance
agreement within 14 days without giving any reason for the withdrawal. To exercise the right of withdrawal the
consumer Customer must notify the Seller of his decision to withdraw from the agreement by an unequivocal written
statement (e.g. by submitting the model withdrawal statement provided by the Seller).
In the case of withdrawal from a Seles Agreement, the agreement is
considered null and void, the Consumer or the entity referred to in § 10 of the Terms and Conditions must return
the Product to the Seller or any person authorised by the Seller to pick up the Product without delay and no
later than within 14 days from the date of withdrawal from the Agreement, unless the Seller offered to pick up
the Product from the Consumer. To comply with the time limit it is sufficient that the Product is dispatched on
time.
In case of withdrawal from a Sales Agreement the Product should be
sent to the following address: ul. Rewolucjonistów 16/35, 42-500 Będzin
The Consumer or the entity referred to in § 10 of the Terms and
Conditions shall be held responsible for any diminished value of the Product resulting from the handling other
than what is necessary to establish the nature, characteristics, and functioning of the
Product.
With the stipulation of points 6 and 8 the Seller shall reimburse to
the Consumer without delay the full amount paid, including the cost of delivery. The refund shall be made in the
same method of payment that the Consumer or the entity referred to in § 10 of the Terms and Conditions used for
the initial transaction, unless the Consumer has expressly agreed on a different refund method which does not
incur any costs on the Consumer’s part.
The Shop shall not be required to reimburse the supplementary costs
resulting from the Consumer’s or the entity referred to in § 10 of the Terms and Conditions choice of a type of
Product delivery other than the least expensive type of standard delivery offered by the
Shop.
If the Seller does not offer to pick up the return from the Customer
or the entity referred to in § 10 of the Terms and Conditions himself, the Seller may withhold reimbursement
until he has received the Product back or until the Consumer or the entity referred to in § 10 of the Terms and
Conditions has supplied evidence of having sent back the Product, whichever occurs
first.
The Consumer or the entity referred to in § 10 of the Terms and
Conditions who withdraws from a Sales Agreement under point 1 of this chapter, must only bear the direct cost of
returning the Product to the Seller.
The 14-day “cooling-off” period counts from the date of receiving
the Product, or in the case of a service from the date of concluding an agreement.
The right of withdrawal in any event does not apply to Sales
Agreements for the supply of:
products made to the Consumer’s specification, i.e.
non-prefabricated, personalized Products made on the basis of and individual choice of or decision by the
Consumer.
products delivered sealed, subsequently unsealed, which are not
suitable for return for reasons of hygiene or health protection.
a service, after the service has been fully performed, the performance of the service
begun with the Consumer’s prior express consent and with the acknowledgement that the Consumer would lose his
right of withdrawal once the Agreement had been fully performed by the Seller.
Both the Customer (Consumer) and the Seller have a legal right to
cancel the Sales Agreement in the event that the opposite party fails to fulfil its obligations under the
Agreement within the set deadline.
§ 9
TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS
(B2B)
This paragraph contains provisions only for entrepreneurs not
covered by protection under the Act on Consumer Rights, referred to in § 10 of the Terms and
Conditions.
The Seller reserves the right to cancel a non-consumer Sales
Agreement within 14 working days of the date of the Agreement being concluded without giving any reason and
without incurring any liability towards the business Customer.
The Seller may limit the scope of payment methods made available to
the business Customer regardless of the payment method chosen by the business Customer and the fact that the
Sales Agreement has been concluded. The Seller may demand full or partial payment in
advance.
The risks and rewards of ownership including but not limited to the
risk of loss of or damage to a Product shall pass to the business Customer when the Product is picked up from the
Seller by the carrier. The Seller shall not be held liable for any damage, shortage or loss to the contents of
the shipment that occurs after the carrier picks up the Product or for any delay in
delivery.
Business Customer is required to inspect his shipment for any loss,
shortage or damage before accepting it from the carrier. If the business Customer believes any or part of the
Product is missing, wrong or damaged he should take all measures necessary to establish the liability of the
carrier.
The Service Provider may terminate the Electronic Services Agreement
with immediate effect and without giving any reason by sending a notice of termination to the non-consumer
User.
§ 10
PROVISIONS CONCERNING ENTREPRENEURS WITH CONSUMER RIGHTS
(effective from 1 January 2021)
An entrepreneur conducting sole proprietorship (this paragraph does not apply to
commercial companies) is protected by the Act on Consumer Rights, provided that the Sales Agreement it concludes
with the Seller is not of a professional nature.
A person conducting business activity, referred to in item 1 of this paragraph, is
protected only in the scope of:
prohibited contractual provisions – the so-called abusive
clauses,
liability under the warranty for physical and legal defects of the Product, in
accordance with § 7 of the Regulations,
the right to withdraw from a distance contract, in accordance with § 8 of the Terms
and Conditions.
The entrepreneur referred to in item 1 of this paragraph loses his consumer protection
rights in the event that the Sales Agreement he has concluded with the Seller is of a professional nature, which
is verified on the basis of the entrepreneur’s entry in the Central Register and Information on Economic Activity
of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated
therein.
Entrepreneurs referred to in item 1 of this paragraph are not covered by institutional
protection provided to Consumers by President of UOKiK.
§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider grants access to the following Electronic
Services:
concluding Product Sales Agreements,
Website Account.
These Terms and Conditions shall apply to all Electronic Services
provided through www.pocketsulu.com
The Service Provider reserves the right to display advertising
content at www.pocketsulu.com Advertisements
are an integral part of the online Shop front and the materials presented therein.
§ 12
CONDITIONS OF PROVIDING SERVICES AND CONCLUDING
ELECTRONIC SERVICES AGREEMENTS
The Electronic Services set forth under § 11 point 1 of these Terms
and Conditions are free of charge.
Term of the agreement:
Electronic Services Agreements for Account management are
concluded for an indefinite period of time.
Electronic Services Agreements enabling the User to place an Order
are concluded for a definite period of time and terminate upon placement or withdrawal of the
Order.
End-user hardware, network and software requirements for the ICT
system used by the Service Provider:
a computer (or a mobile device) with an active Internet
connection,
access to email account,
Internet browser,
enabling cookies and Javascript in the Internet
browser.
The User agrees to use the Shop in accordance with the principles of
good practice, only for lawful purposes and in a manner, which does not infringe the personal rights and
intellectual property rights of any third party.
The User is obliged to provide accurate and complete information to
the Service Provider.
The User is prohibited from providing any unlawful or illegal
content.
§ 13
COMPLAINTS PROCEDURE FOR ELECTRONIC
SERVICES
Complaints about Electronic Services provided via
www.pocketsulu.com should be submitted via email to shop@pocketsulu.com
All complaints should contain sufficient detail about the subject of
the complaint and about the circumstances giving rise to the issue. Specifically, complaints should include
information about the nature of the issue, the date when the issue first arose as well as the complainant’s
contact details. Providing all necessary data will speed up the complaint-handling
process.
All complaints shall be resolved promptly and, in any event, no
later than within 14 days following the date of receipt.
A response to the complaint shall be sent by email or other
preferred method of contact indicated by the complainant.
§ 14
CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
Terminating an Electronic Services
Agreement:
Continuing and indefinite-term Electronic Services Agreements
(e.g. Account management agreement) may be terminated.
The User may terminate the agreement for convenience and with
immediate effect by sending an appropriate statement to the following e-mail address: shop@pocketsulu.com
The Service Provider reserves the right to terminate continuing
and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving
from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to
do so despite receiving a cease and desist letter from the Service Provider with a reasonable deadline for
compliance. The termination shall be effected within 7 days of serving an advance notice in writing (agreement
termination period).
The notice of termination leads to a cessation of legal relations
with the effect for the future.
Both the Service Provider and the User may terminate an Electronic
Services agreement at any time by mutual agreement of the parties.
§ 15
INTELLECTUAL PROPERTY
The compilation of all
content at www.pocketsulu.com (with the stipulation of § 15 point 3 of the Terms and Conditions as well as
materials used under a license, assignment of copyrights or fair use) is protected by copyright law and is the exclusive property of SULU GLOBAL limited liability company, ul. Strzelców Bytomskich 4/14, 40-310 Katowice,
NIP: 9542806193, REGON: 383925273. The User shall bear all liability for damages caused to the Service
Provider caused by any use of the content of the website located at www.pocketsulu.com without the consent of the Service
Provider.
Any use or reproduction of the content of the website located at
www.pocketsulu.com or any portion thereof without the express written consent of the Service Provider constitutes
a copyright infringement and is punishable under civil and criminal law.
All trade names, Product names, company names and their logos used on the Store’s
website at www.pocketsulu.com belong to their owners and are used only for identification purposes. They may be
registered trademarks. All materials, descriptions and photos presented on the Store’s website at
www.pocketsulu.com are used for informational purposes.
§ 16
FINAL PROVISIONS
Agreements concluded through the Shop are construed in accordance
with the laws of Poland.
Should any provision of these Terms and Conditions be prohibited by
applicable law, the provisions of Polish law shall apply in lieu of the unenforceable
provision.
Changes made of these Terms
and Conditions by the Service Provider, bind the Service
Recipient, provided that he has been properly informed about the changes and has not terminated the contract for
the provision of electronic services within 14 days from the date of notifying the Customer of the changes by the
Store.
Any disputes between the Shop and Consumers arising out of or in
connection with a Sales Agreement shall be resolved in the first instance through amicable negotiation between
the parties with the intention of amicable settlement of the dispute in accordance with the Act on out-of-court
consumer dispute resolution. Should such resort prove of no avail or unsatisfactory to any of the parties,
disputes shall be resolved in a court of competent jurisdiction under point 5 of this
paragraph.
Judicial dispute settlement procedures:
Any disputes arising between the Service Provider and the consumer
User (Customer) or the entity referred to in § 10 of the Terms and Conditions, shall be resolved by a court of
competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964
(Dz. U. No. 43, item 296, as amended).
Any disputes arising between the Service Provider and the
non-consumer User (Customer), referred to in § 9 of the Terms of Conditions, shall be settled by the court
having jurisdiction over the Service Provider’s registered office.
Consumer Customers may use Alternative Dispute Resolution schemes
after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for
arbitration to a competent state organ (model request forms are available at:
http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to
the Voivodeship Inspectorates of Trade Inspection may be found at:
http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Customer may also obtain free legal aid provided by the
Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection.
Alternative Dispute Resolution
procedures are free of charge.
Consumers may submit complaints through the Online Dispute
Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/