BACK
§1
GENERAL CONDITIONS
The Website operates on the principles specified in these Regulations.
Regulations specify types and scope of services provided electronically by the www.owlo.store website, principles of providing these services, conditions of conclusion and termination of agreements on provision of services electronically, as well as procedure for complaints.
The Regulations specify:
principles of concluding Sales Agreements through the Website,
types and scope of services provided electronically by the www.owlo.store Website, as well as the principles of providing these services,
the conditions for entering into and termination of agreements on provision of services by electronic means, as well as the complaint procedure.
Each User is obliged to comply with the provisions of these Regulations upon using the Electronic Services of the www.owlo.store Website.
The Site and the Service Provider do not sell Products presented on the Site, but only mediate in concluded Sales Agreements.
The Service Provider is not responsible for the lack of interest in the Seller's Products.
In matters not covered by these Terms and Conditions, the provisions of:
Civil Code;
The Consumer Rights Act of 30 May 2014. (Journal of Laws. 2014 item 827;
Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws No. 24, item 83 as amended),
Act on provision of services by electronic means of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended)
and other relevant provisions of Polish law.
§ 2
DEFINITIONS
REGISTRATION FORM - a form available on the Website that allows creating an Account. The Registration Form enables the creation of an Account corresponding to a specific User.ACCOUNT - a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the User, in which the data of the User who is a Seller/Buyer are collected.
NEWSLETTER - Electronic Service that allows the Customer to subscribe to and receive free information from the Service Provider regarding the Site at the e-mail address provided by the Customer.
REGULATIONS - these regulations of the Service.
SERVICE - the Service Provider's website operating at www.owlo.store.
SERVICE PROVIDER - Sebastian Sowa conducting business activity under the name OWLO Sebastian Sowa registered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, place of business and address for delivery: Zygmunta Słomińskiego 1/51, 00-204 Warsaw, NIP: 5252981537, REGON: 527021190, electronic mail address (e-mail): support@owlo.store, telephone number: +48 696 354 156
USER, USER - a natural person who is granted legal capacity by law, using the Electronic Service.
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Site.
COMMISSION - the amount due to the Service Provider from the Client for Sales Agreements concluded through the Site. The commission is a specified fraction of the price paid by the Buyer to the Service Provider for the concluded Sales Agreement.
PRODUCT - Products available on the Site which are the subject of a Sales Contract between a Buyer and a Seller.
BUYER - a natural person who has concluded or intends to conclude a Sales Agreement with the Seller through the Service, under the terms and conditions specified in the Regulations.
SALE AGREEMENT - an Agreement for Sale of a Product concluded between the Buyer and the Service Provider through the Site.
SUBMISSION OF OFFER - expression of the Buyer's will to purchase a given Product for a certain Price through the Service. The Buyer submits a single offer for the Product of his choice.
PRICE - the value expressed in monetary units that the Buyer is obliged to pay to the Seller for the Product.
ORDER - the Buyer's statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
ORDER FORM - a form that allows the Buyer to conclude a Sales Agreement with the Seller presenting its Product, under the conditions specified in the Product description and these Regulations.
CONSUMER - a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her economic or professional activity.
ENTERPRISER - a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
§ 3
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider allows through the Site to use Electronic Services such as:
1.1 maintaining an Account,
1.2 Order Form,
1.3 sale of Products,
1.4 Newsletter,
1.5 Opinion System.
Provision of Services to the Service Recipients on the Site takes place under the terms and conditions specified in the Regulations.
The Service Provider has the right to post advertising content on the Site. Such content is an integral part of the Site and the materials presented therein.
§ 4
TERMS AND CONDITIONS OF PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
Provision of Electronic Services referred to in § 3 items 1.1 to 1.2 and 1.4 to 1.5 of the Regulations by the Service Provider is free of charge.
Provision of the Electronic Service referred to in § 3 item 1.3 is payable in the form of a Commission calculated in accordance with the rules set forth in § 6.
The period for which the agreement is concluded:
3.1 an agreement for the provision of an Electronic Service consisting of maintaining an Account is concluded for an indefinite period of time,
3.2 agreement for the provision of Electronic Services consisting of concluding Contracts for Sale of Products through the Order Form is concluded for a definite period of time and is terminated at the time of placing an order by the Buyer or at the time of discontinuation of such order placement,
3.3 agreement for the provision of Electronic Services involving the sale of a Product on the Website is concluded for a definite period of time and is terminated at the time of sale of the Product or its removal from the Website,
3.4 agreement for provision of Electronic Service consisting in use of Newsletter is concluded for an indefinite period of time,
3.5 agreement for the provision of Electronic Service consisting in the use of the Rating System is concluded for a definite period of time and shall be terminated as soon as the User ceases to use this Service or add an opinion.
Technical requirements necessary to work with the ICT system used by the Service Provider:
4.1 Computer or mobile device with access to the Internet,
4.2 access to e-mail,
4.3 web browser,
4.4 inclusion of Cookies and Javascript in the web browser.
The Customer is obliged to use the Site in a manner consistent with the law and good manners, taking into account respect for personal property and intellectual property rights of third parties.
The recipient is obliged to enter data in accordance with the facts.
The recipient is prohibited to provide content of an unlawful nature.
The Service Provider reserves the right to refuse to publish, edit or remove content, including ads and photos, the nature of which violates the provisions of the Terms of Service, the provisions of generally applicable law, in particular, if they contain elements:
8.1 commonly considered offensive,
8.2 of a racist nature,
8.3 bearing the signs of crimes or acts of unfair competition,
8.4 violating copyright and intellectual property rights,
8.5 misleading to Service Recipients,
8.6 advertising other services, including in particular services competing with www.owlo.store,
8.7 being SPAM or promotional material,
8.8 containing announcements of competition activities organized without the consent of the Service.
§ 5
PRODUCTS
The information on the Website does not constitute an offer within the meaning of the law. The Buyer, by placing an Order, makes an offer to purchase a particular Product under the conditions stated in its description.
Each Product purchased through the Site will first be verified for authenticity and compliance with the description at the Service Provider's premises, and then sent by the Service Provider to the Buyer.
The price of the Product shown on the Site is given in Euros (EUR) and includes all components, except for delivery costs and the cost of verifying the authenticity of the Product by the Service Provider.
The price of the Product shown on the Website is binding at the time the Buyer places the Order. This price will not change regardless of price changes on the Site that may occur for individual Products after the Buyer places an Order.
The Service Provider shall clearly inform the Buyers about the Unit Prices and the promotions and reductions of the Product Prices. In addition to information about a Product reduction, the Service Provider shall make visible the lowest Price of that Product that was in effect during the 30-day period prior to the introduction of the reduction, and if the Product has been offered for sale for less than 30 days - the Seller shall make visible the lowest Price of the Product that was in effect during the period from the date of commencement of offering that Product for sale until the date of introduction of the reduction.
The service provider informs the customer that it is not in possession of all the products shown on the site and that it charges a commission (8%) for the service of importing and verifying footwear for the customer.
The service provider informs the customer that the delivery time and price of a particular product will appear after selecting the size available for purchase or "import".
§ 6
CONDITIONS FOR OFFERING PRODUCTS AND THEIR SALE ON THE WEBSITE
When completing the Service Recipient Registration Form, the Service Recipient should adhere to the following rules:
1.1 They should fill in all fields of the Registration Form unless the field is optional;
1.2 The information entered into the Registration Form should concern only the Service Recipient and be consistent with the factual state;
1.3 They should familiarize themselves with and confirm the fact of having familiarized themselves with the content of this Regulation and Privacy Policy by marking the appropriate field of the Registration Form;
1.4 They should consent to the processing of their personal data on the terms, scope, and for the purposes specified in the Privacy Policy. Expressing consent to the processing of personal data is voluntary but necessary for registration and setting up an Account.
The Service Provider lists Products on the website after correctly completing the form available on the website, accepting the Regulations, and the conditions for charging a Commission for the concluded Sale Agreement of the Product on the Website.
The Service Provider ensures that the presented Products comply with the agreement, the description available in the offer, and have been legally introduced to the Polish market, and they themselves have the legal title allowing them to dispose of the Product.
The Service Provider undertakes to fulfill all obligations related to the concluded Sale Agreement.
The obligations regarding complaints that the Service Provider must fulfill arise from the Civil Code of 1964 and other relevant provisions of the universally applicable law.
The Website is not responsible for physical defects or legal defects of the purchased Products. The Seller bears sole responsibility for the description of the Product.
The rules for Product complaints are determined individually by the Service Provider, with the reservation that the provisions of the Service Providers cannot violate the rights and obligations arising from universally applicable provisions of law.
Commission for the Conclusion of the Sale Agreement through the Website.
The sale of a Product presented by the Service Provider on the Website involves deducting a Commission from the Sale Price for the Service Provider.
The Commission is 8% of the Price for which the Product was sold.
The Commission will be added to the Sale Price of the Product.
In the event of concluding a Sale Agreement, the Service Provider shall add €15 to the Sale Price of the Product as an operational Order fee, which the Service Recipient is aware of and agrees to.
The Commission is calculated into the final price of the product only for selected models qualifying for the possibility of importation upon customer request.
The Service Provider is obliged to dispatch the shipment with the Product within 7 days of receiving the funds from the buyer. Along with the confirmation, an email notification of the purchase will be sent.
Detailed instructions regarding the dispatch of the shipment by the Service Provider will be provided in the confirmation email of the Order by the Buyer.
§ 7
REGISTRATION AND ORDERING PRODUCTS BY BUYERS
The Buyer has the option to create an Account on the Website by completing the Registration Form.
When completing the Registration Form, the Service Recipient should adhere to the following rules:
They should fill in all fields of the Registration Form unless the field is optional;
The information entered into the Registration Form should concern only the Service Recipient and be consistent with the factual state;
They should familiarize themselves with and confirm the fact of having familiarized themselves with the content of this Regulation and the Privacy Policy by marking the appropriate field of the Registration Form;
They should consent to the processing of their personal data on the terms, scope, and for the purposes specified in the Privacy Policy. Expressing consent to the processing of personal data is voluntary but necessary for registration and setting up an Account.
3. The Website is not responsible for physical defects or legal defects of the Products constituting the subject of the Sale Agreement.
4. The Buyer makes an offer to conclude a Sale Agreement through the Website. By making an offer (Order) through the Website, the User accepts the conditions specified in the Product description and the Regulations.
5. The Website may decide to invalidate the Order, informing the Buyer of this fact promptly.
The Service Provider bears liability for warranty and any rights related to the non-performance or improper performance of the Sale Agreement.
6. Orders can be placed through the website using the Order Form (Website www.owlo.store) - 24 hours a day, all year round.
7. The Buyer is not obliged to register an Account on the Website in order to place an Order.
8. The condition for placing an Order on the Website by the Buyer is to familiarize themselves with the Regulations and accept its provisions at the time of placing the Order.
9. The condition for placing an Order on the Website by the Buyer is to familiarize oneself with the Regulations and accept its provisions at the time of placing the Order.
10. Payment:
Payment of the Price for the concluded Sale Agreement is made via traditional bank transfer or electronic payment services (TPay.pl).
The Buyer makes the payment before the Order is processed. The electronic payment system allows payment by credit card or fast transfer from selected Polish and foreign banks.
The Product will be dispatched after payment by the Buyer.
11. Delivery:
In addition to the Product price, the Buyer is obliged to cover the delivery costs (€15) and the authenticity verification by the Service Provider (8%).
The delivery time consists of the shipping and transport time of the Product from the Service Provider to the Service Recipient, as well as the verification time.
The maximum time for the Service Provider to dispatch the Product is 12 business days from the moment of sending an email notification about the Order placement and its payment by the Buyer.
Verification of the Product and delivery to the Buyer typically occur within 5 to 9 business days from receiving the Product (delivery and verification occur only on business days excluding Saturdays, Sundays, and holidays).
Products purchased on the Website are shipped via the UPS courier company.
12. Claims related to Products purchased through the Website can be made via email at: returns@owlo.store
13. Notifications regarding the Order fulfillment stage will be sent via email and in the form of SMS to the addresses provided in the Order Form by the Buyer.
§ 8
TERMS OF TERMINATING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
Termination of the Agreement for the Provision of Electronic Services:
The agreement for the provision of continuous and indefinite Electronic Services (e.g., maintaining an Account, Newsletter) may be terminated.
The Service Recipient may terminate the agreement with immediate effect and without indicating reasons by sending a relevant statement via email to: support@owlo.store.
The Service Provider may terminate the agreement for the provision of electronic services by posting a notice on the Website if the Service Recipient violates the Regulations, especially by providing unlawful content after an ineffective prior request to cease the violations with a specified deadline. In such a case, the agreement terminates 7 days after the date of the declaration of termination (termination period).
Termination leads to the termination of the legal relationship with effect for the future.
2. The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services on the Website at any time by mutual agreement.
3. If the Service Provider does not acquire the footwear ordered at the customer's request, the Service Recipient receives a full refund of the funds paid to the Service Provider.
§ 9
PROCEDURE FOR COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of Electronic Services through the Website can be submitted by the Service Recipient via email to: support@owlo.store.
In the above email, please provide as much information and circumstances regarding the subject of the complaint as possible, especially the type and date of the irregularity, as well as contact details. Providing this information will greatly facilitate and expedite the examination of the complaint by the Service Provider.
The Service Provider shall promptly consider the complaint, no later than within 14 days.
The Service Provider's response to the complaint is sent to the Service Recipient's email address provided in the complaint report or in any other manner specified by the Service Recipient.
§ 10
INTELLECTUAL PROPERTY
All content posted on the website at www.owlo.store is protected by copyright and (with the exception of content posted by Service Recipients and elements used under license, copyright transfer, or fair use) is the property of Sebastian Sowa conducting business under the name OWLO Sebastian Sowa registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister competent for economic affairs, with the place of business and address for correspondence at: ul. Zygmunta Słomińskiego 1/51, 00-204 Warsaw, Tax Identification Number (NIP): 5252981537, National Official Business Register (REGON): 527021190. The Service Recipient bears full responsibility for any damage caused to the Service Provider as a result of using any content from the www.owlo.store website without the consent of the Service Provider.
Any use by anyone, without the explicit written consent of the Service Provider, of any of the elements constituting the content of the www.owlo.store website constitutes a violation of the copyright belonging to the Service Provider and results in civil and criminal liability.
By submitting photos and other digital content to the Service, the Service Recipient bears exclusive responsibility for violations of the copyright and related property rights, as well as personal rights of third parties, arising from this. In the event of any person making any claims or demands against the Service or the Service Provider in this regard, the Service Recipient undertakes to indemnify the Service or the Service Provider from all liability and to fully satisfy the claims of third parties.
§ 11
LIABILITY
The Service Provider will make every effort to ensure that the data available on the Website is complete, up-to-date, and presented with due diligence, taking into account the existing factual and legal circumstances within the limits permitted by law.
The Service Provider fulfills all obligations required by Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) and designates a contact point within the meaning of the Digital Services Act (DSA) at its registered office as mentioned in § 2 of this Regulation.
Posting unlawful content through the Website (via comments, opinions, etc.) is not permissible, as well as content that is:
unrelated to the subject matter of the Website,
unreasonably damaging to the reputation of the Service Provider,
containing words commonly regarded as uncensored,
promoting competitive activities against the Service Provider.
4. In case of publishing content as described in point 3, the Service Provider has the possibility of moderation (refusal to publish content, positioning of content, content removal, preventing access to content, limiting or disabling content monetization, suspending or closing user accounts, suspending or terminating service provision for the user).
5. In the case of automatic moderation of content published by Service Recipients through an algorithm, Service Recipients do not lose the right to appeal against the decision of the Service Provider. Appeals can be made via email to: support@owlo.store. When appealing, it is necessary to concisely describe the factual situation and justify the reasons for the appeal. The Service Provider will consider the appeal in the manner specified by the provisions of the Digital Services Act within 14 days.
6. A Service Recipient who identifies a violation of the rules described in this paragraph has the opportunity to report unauthorized content published on the Website via email: - support@owlo.store.
7. The report, as referred to in point 6, must include the following elements:
A sufficiently justified explanation of the reasons why the Service Recipient alleges that the relevant information constitutes illegal content;
Clear indication by the Service Recipient of the exact electronic location of the information, such as the precise URL address or exact URLs, and, where applicable, additional information enabling the identification of illegal content, in accordance with the type of content and the specific type of hosting service;
The first and last name or name, and email address of the Service Recipient making the report, except for reports concerning information deemed to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU;
A statement confirming the good faith belief of the Service Recipient making the report that the information and allegations contained therein are correct and complete.
8. The Service Provider will acknowledge receipt of the report referred to in point 6 of this paragraph and inform about its positive or negative consideration without undue delay.
9. If the report referred to in point 6 is deemed justified, the Service Provider will, as far as possible, inform the Service Recipient responsible for the violation about the fact of moderation of the content published by them, along with the required justification.
10. In the event that the Service Provider obtains any information giving rise to suspicion that an offense threatening the life or safety of a person or persons has been committed, is being committed, or may be committed, the Service Provider immediately informs law enforcement or judicial authorities of their suspicion, along with the justification for their suspicions and the transfer of any information known to them.
11. The Service Provider informs Service Recipients about significant changes to the Regulations.
12. Service Recipients bear full responsibility for breaking the law or causing harm through their actions on the Website, particularly by providing false information, disclosing confidential information or other legally protected secrets, violating personal rights or copyright and related rights, as well as processing Service Recipients' personal data contrary to the purposes of the Service or in violation of the provisions of the Personal Data Protection Act.
13. The Service Provider undertakes to inform Service Recipients in advance of possible disruptions to the functioning of the Service, especially interruptions in access, to the extent possible.
14. The Service Provider makes every effort to ensure the correct functioning of the Service in formal and legal terms.
15. The Service Provider will take into account any changes in legal regulations and update the Service accordingly.
16. Updates to the Service system will be carried out by the Service Provider without imposing additional costs on Service Recipients.
17. The Service Provider takes all measures to protect the data of Service Recipients.
18. The Service Provider shall not be liable to Business Users for:
any direct or indirect damages and losses (including loss of profits, business interruption, or loss of business information, as well as other financial losses) arising from the use, inability to use, or faulty operation of the Service software, damages resulting from the shutdown or failure of the teleinformatics system, power network failures,
improper use of the Service by a Service Recipient who is not a Consumer, as well as improper functioning of computer hardware, computer software, or communication systems through which the Service Recipient connects to the Service system,
any potential damages resulting from errors, failures, and interruptions in the operation of the Service or caused by incorrect recording or reading of data downloaded by Service Recipients,
disruptions in the proper functioning of the Service, as well as loss of data for Service Recipients who are not Consumers due to force majeure or actions of third parties,
actions of third parties involving the unauthorized use of data and materials posted on the Service, not compliant with the applicable law or Regulations,
inability to log in to the Service system caused in particular by connection quality, teleinformatics system or power network failure, or incorrect configuration of software by Service Recipients who are not Consumers,
consequences related to the loss of a password.
19. The Service Recipient is responsible for providing an email address to which they do not have access, especially an incorrect address or one belonging to another entity.
§ 12
FINAL PROVISIONS
Agreements concluded through the Service are made in accordance with Polish law.
Changes made to the Service Regulations by the Service Provider are binding on the Service Recipient, provided that they have been properly informed about the changes and have not terminated the agreement for the provision of electronic services within 14 days from the date of notification of the changes by the Service.
Any disputes arising between the Service Provider and the Service Recipients will be resolved primarily through negotiations, with the intention of amicably resolving the dispute. However, if this is not possible or satisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 4 of this chapter.
Judicial dispute resolution:
Any disputes between the Service Provider and a Service Recipient who is also a Consumer shall be subject to the jurisdiction of the courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
Any disputes between the Service Provider and a Service Recipient who is not simultaneously a Consumer shall be subject to the jurisdiction of the court competent due to the Service Provider's registered office.
5. A Consumer Service Recipient also has the right to use out-of-court dispute resolution methods, in particular by submitting, after completion of the complaint procedure, an application for mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodship Trade Inspectorates is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The Consumer may also use the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after completion of the complaint procedure is free of charge.
6. For the purpose of amicably resolving disputes, a Consumer may in particular submit a complaint via the Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.