Terms & Conditions

§ 1. Definitions

1.     Regulations - these Rules and Regulations, which define the principles for the conclusion of distance sales agreements through the Internet Store, the principles for the performance of these agreements, the rights and obligations of the parties to the distance sales agreement and the principles for the complaint procedure. With regard to services provided electronically, the Rules and Regulations are respectively the rules and regulations referred to in Article 8 of the Electronic Services Act.
2.     Customer - a natural person with full legal capacity, a legal person or an organisational unit without legal personality, to whom the Act grants legal capacity, who enters into a Distance Sales Agreement with the Seller.
3.     Consumer - a natural person making a legal transaction with the trader not directly related to his economic or professional activity.
4.     Individual Entrepreneur - a natural person concluding a Distance Sales Agreement directly related to his/her business activity, when the content of this Agreement indicates that it is not of a professional nature for this person, in particular resulting from the subject of his/her business activity, made available on the basis of the provisions of the Central Register of Business Activity and Information.
5.     Entrepreneur - a natural person, a legal person or an organisational unit which is not a legal person and to which the Act confers legal capacity, conducting in its own name economic or professional activity.
6.     Vendor:.
Foot.pl Sp. z o.o.,
tel. +48 789 201 111,
kontakt@clobber.pl,
NIP 5272837861,
REGON 36945891900000.
7.     Seller's registered office address:.
Mazowiecka 11,
00-052 Warszawa.
8.     Internet Shop - the website operated by the Seller, available at the electronic addresses: www.clobber.pl through which the Customer can obtain information about the Goods and their availability and purchase the Goods or order a service.
9.     Distance Sales Agreement - an agreement for the sale of Goods, concluded through the Online Shop.

10. Goods - a movable item that the Customer may purchase from the Online Shop.
11. Privacy and Cookies Policy of the Online Shop - a document setting out detailed rules for the processing of personal data and the use of cookies. The Privacy and Cookies Policy is available at https://www.clobber.pl/en/privacy-and-cookie-notice.html.
12. Permanent medium - means a material or tool that allows the Customer or the Vendor to store information addressed personally to the Customer or the Vendor in such a way that the information can be accessed in the future for a period of time appropriate to the purposes for which the information is used and that allows the stored information to be reproduced unchanged, in particular email.
13. Electronic order form - electronic order procedure made available by the Seller to the Buyer.
14. Electronic Return Form - the electronic returns procedure made available by the Seller to the Buyer; available at https://www.clobber.pl/returns-open.php
15. Electronic Claim Form - the electronic claim procedure provided by the Seller for the Buyer; available at https://www.clobber.pl/rma-open.php.
16. Sending an order - validation of an order by clicking on the "" button by the Customer, treated as submission by the Customer of a binding declaration of intent to conclude a Distance Sales Agreement with the Seller.
17. Account - a set of data stored in the Online Store and in the Seller's ICT system pertaining to a given Customer and the orders placed by the Customer and distance Sales Agreements concluded by the Customer, with the use of which the Customer may place orders, and in due time - cancel or edit, and conclude Distance Sales Agreements.
18. Order handling opinion or opinion of individual Goods - subjective statements and ratings awarded in the form of stars from 1 to 5.

§ 2 General provisions

1.     types and scope of services provided by electronic means:

1. conclusion of Sales Agreements online - with regard to Goods sold in the Internet Shop,
2. principles of registration and use of an Account in the framework of the Internet Shop,
3. adding opinions, comments and ratings - the Customer may add an opinion or comment to his/her order,
4. sending e-mails in which the Seller confirms receipt of an order, possible receipt of payment, acceptance of an order for processing.

2.     The use of the Online Store is possible on condition that the computer system used by the Customer meets the following minimum technical requirements:

1. web browsers in the current version e.g.: Firefox, Chrome, Microsoft Edge
2. any program for viewing files in PDF format.

3.     The content located on the pages of the Internet Shop, including descriptions of Goods and prices constitute an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
4.     The Seller shall make these Terms and Conditions together available through a link on the home page before, during and after the conclusion of the remote sales agreement. The Purchaser may download and print it.
5.     In order to ensure the security of the transmission of messages and data in connection with the services provided, the Online Store takes technical and organisational measures appropriate to the degree of security of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted over the Internet.

§ 3 Orders

1.     placing an order in the Online Store can be done through an Account or choose the option of purchase without registration, in which case an internal account is created, on the basis of which the Customer can create an Account. The internal account is maintained until the data is deleted from the system or the Account is blocked.
2.     The purchase is made by completing an electronic order form available on the pages of the Online Store. The selection of the ordered Goods is made by adding them to the basket. The Electronic Order Form specifies, among other things, which Goods, at what price and in what quantities the Customer wishes to order to the location indicated by him/her. The Customer takes the appropriate technical steps based on the messages displayed.
3.     Once the Customer has entered all the necessary data, a summary of the order placed will be displayed. The order summary will contain information concerning: Seller's identification data, the subject of the order, unit and total price of the ordered Goods, including delivery and other costs, if any, the selected method of payment, the selected method of delivery, time and cost of delivery.
4.     In order to place an Order, it is necessary to provide in the Electronic Order Form the personal data marked as mandatory, to accept the content of the Terms and Conditions, to send the Order by pressing the button "".

1. Sending an electronic order form by the Customer constitutes a binding declaration of intent to conclude a Distance Sales Agreement, in accordance with the content of these Terms and Conditions.
2. A Distance Sales Agreement shall be deemed concluded at the moment the Seller accepts the Electronic Order Form, which is confirmed by displaying a message to the Buyer confirming the acceptance of the order and providing its number.
3. After concluding a Distance Sales Agreement, the Customer receives a confirmation of the placed order in the form of an e-mail, which includes: confirmation of acceptance of the order and the final confirmation of all important elements of the Order

5.     The www.clobber.pl store makes every effort to ensure that the Goods presented on the website are always available. In rare cases of unavailability of the Goods/part of the Goods covered by the order, the Customer is informed about the status of the order electronically and asked to decide on the method of its implementation (partial implementation or cancellation of the entire order). In such a situation, the execution of the order will be suspended until a response is received from the Customer. In the absence of a response, after 3 days from the moment of sending the inquiry to the Customer, the order will be canceled.
 
§ 4 Payment

1.     The Online Shop offers the possibility of payment in the form of prepayment, cash on delivery, the deferred payment option.
2.     Payment for the goods can be made by the method selected at the time of ordering on the Electronic Order Form.
3.     The currently available payment methods in the Online Shop are available at https://www.clobber.pl/en/payments.html

§ 5 Delivery

1.     On the Electronic Order Form, the Customer shall select the method of delivery by ticking the choice made.
2.     The delivery time is from 2 to 5 business days, counting from the moment of posting the funds paid under the Distance Sales Agreement to the bank account of the Online Store or positive authorization of the transaction by the electronic payment system.
3.     The Seller shall not be liable for failure to meet the delivery date for reasons beyond his control, in particular in the event of force majeure.
4.     In the event that the Goods are not collected by the Customer, resulting in the return of the Goods to the Seller - the Seller may withdraw from the sales contract, after calling the Customer in an e-mail given in the purchase process to perform the contract. The withdrawal from the contract is made by making a statement to the Customer in the form of an e-mail message.
5.     In the situation indicated in point 2, the Seller is obliged to immediately return to the Customer the payment received for the Goods purchased by the Customer.
6.     The currently available delivery methods in the Online Shop are available at https://www.clobber.pl/en/delivery.html
7.     Personal collection of the order is possible on working days from Monday to Saturday, during the opening hours of the Clobber stationary store located at ul. Mazowiecka 11 in Warsaw. The customer has the option of collecting the goods in person up to 3 working days from the date of placing the order when choosing payment on the spot. When paying in advance, the customer has 30 days to collect.

§ 6 Withdrawal from the contract

1.     A consumer who has concluded a Distance Sales Contract may, within 30 days, withdraw from it without giving any reason. In the event of withdrawal from a Distance Sales Contract - the contract shall be deemed not to have been concluded.
2.     The individual Entrepreneur shall also have the right to withdraw from the contract under the terms of paragraphs 6 and 7 hereof. Insofar as in paragraphs 6 and 7 of these Terms and Conditions refers to the Consumer, it is also understood to mean the Individual Entrepreneur.
3.     In the case of withdrawal from the contract - the Consumer shall bear only the direct costs of returning the Goods.
4.     The Consumer's statement must clearly express his will to withdraw from the contract, in particular the Consumer may:

1. withdraw from the contract using the withdrawal form (download the form) by completing it and sending it to the e-mail address: kontakt@clobber.pl
2. use the electronic return form available on the website of the Online Shop: https://www.clobber.pl/returns-open.php

5.     Sending the statement before its expiry shall be sufficient to meet the deadline.
6.     The period for withdrawal from the contract shall Begin from the taking possession of the Goods by the Consumer or a third party other than the carrier indicated by the Consumer.
7.     The right of withdrawal from a Distance Sales Contract shall not apply to the contracts indicated in Article 38 of the Act of 30.05.2014. (Journal of Laws of 2019, item 134) on consumer rights, inter alia Contracts:

1. whose object of performance is an item supplied in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after delivery;

§ 7 Effects of withdrawal from the contract

1.     The Seller shall, within 14 days from the date of receipt of the notice of withdrawal from the Agreement for the sale of an item, refund to the Consumer all payments made by the Consumer, including the costs of delivery, corresponding to the cheapest method of delivery offered by the Seller.

1. Reimbursement of payments shall be made using the same method of payment used by the Consumer.
2. If the Consumer in order to exercise the right of withdrawal - uses the Electronic Return Form - the funds will be refunded by the chosen method and to the bank account provided by the Consumer.
3. If the Seller has not offered to collect the Goods from the Consumer himself, the Seller may withhold reimbursement of the payment received from the Consumer until he has received the Goods back or the Consumer has provided proof of their return, whichever event occurs first.

2.     The Seller may offer to the Consumer to collect the Goods from the Consumer himself. However, if the Seller has not made such an offer - the Consumer should return the thing to the Seller (or a person authorised by the Seller to collect it) immediately, but no later than 30 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to return the item before its expiry. Goods that the Consumer returns should be sent to the address of the Seller's registered office: Clobber, Mazowiecka 11, 00-052 Warszawa, tel. +48 789 201 111
3.     The seller does not accept parcels sent on delivery.
4.     The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.

§ 8 Complaint

1.     A complaint about a defect in the Goods or non-compliance of the Goods with the concluded Remote Sales Contract may be filed:

1. via the Electronic Complaint Form;
2. in writing to the address of the Seller's registered office or by e-mail to kontakt@clobber.pl.

2.     In the notification, it is necessary to specify a defect which, in the opinion of the Buyer, the Goods have, claims against the Seller, and if possible - to document the said defect and provide proof of purchase of the Goods in the Online Shop. A complaint form may also be used to submit a complaint to the Buyer (download the form), which must be completed and sent to the Seller. The Seller shall respond to the complaint within 14 days of its receipt. If he has not responded within the aforementioned time limit, it shall be deemed that he has acknowledged the complaint. The response to the complaint shall be provided by the Seller to the Buyer in writing or on a durable medium.
3.     The steps to be taken by the Buyer in order to lodge a complaint, including the method of delivery of the Goods under complaint to the Seller are indicated at various stages in the Electronic Complaint Form.
4.     The seller does not accept parcels sent on delivery.
5.     In the event that the Seller considers the complaint as justified: the costs of replacement, repair, including the cost of shipping associated with the complaint of the Goods shall be borne by the Seller.
6.     The Seller shall be liable to the Consumer, as well as to the Individual Entrepreneur, for the lack of conformity of the Goods with the Distance Sales Contract under the principles that result from the Act of 30.05.2014 on Consumer Rights.

1. The Seller shall be liable for non-compliance of the Goods with the Contract of Sale concluded remotely existing at the time of its delivery and disclosed within two years from that time, unless the term of usefulness of the Goods, specified by the Seller, is longer.
2. The Seller shall repair or replace the Goods within 14 days of acknowledging the complaint. The costs of repair or replacement, including in particular the costs of postage, carriage, labour and materials, shall be borne by the Seller.

7.     The Seller shall deliver the Goods free from defects and shall be liable to the Entrepreneur for defects of the purchased Goods under the terms of the Civil Code.

§ 9 Opinions

1.     An opinion on the handling of an order or an opinion on an Item can be submitted during a visit to the Online Shop by clicking on the interface next to the Item or by clicking on the link provided in the email. The addition of an opinion is voluntary and free of charge. The customer may only place one Rating within an order. 2.
2.     In the ratings, the customer may assign a star rating from 1 to 5 and add a verbal comment limited to 65535 characters.
3.     The ratings are stored and displayed publicly on the Online Shop website, as well as on the websites https://zaufaneopinie.idosell.com and https://trustedreviews.idosell.com.
4.     The Seller verifies the Opinions using the e-mail address that was used in the purchase process of the Goods in question. An Opinion which is placed by a person using the e-mail address which was used in the purchasing process - is marked on the website of the Shop with the comment "opinion confirmed by purchase". Any other Opinion is marked as an "opinion not confirmed by a purchase".
5.     The Seller may publish Opinions on a given Merchandise from its other online Stores.
6.     The Seller will not change the Opinions in terms of their content or the stars awarded.
7.     The buyer is solely and solely responsible for the content of the opinion. The seller reserves the right to delete an opinion under the terms of the law and these terms and conditions.
8.     The submission of information that is untrue, misleading, vulgar, aggressive, offensive or manifestly immoral is prohibited. It is also unacceptable to upload content that is unlawful, infringes the rights of third parties or constitutes an act of unfair competition. 9.
9.     The Customer undertakes not to place content that contains links to external websites, is of a promotional or advertising nature or contains personal data of third parties.
10. The content of the rating may be hidden from other users of the Store at the Customer's express request, but the star rating awarded will be included in the overall rating of the Store and the Merchandise.

§ 10 Intellectual property

1.     The Customer declares that he/she is not entitled to any rights, including copyrights or related rights to the evaluations and statements posted by him/her, except for the right to use the Online Shop in the manner specified in the Terms and Conditions. The Customer shall not be entitled to any rights to record, reproduce, make available, publicise or disseminate the content, unless such a right results from the provisions of law or these Terms and Conditions.
2.     The Customer shall not be entitled to interfere in any way with the content, in particular the content, structure, form, graphics, mechanism of operation or other elements of the Online Store.
3.     By placing Opinions in the Online Store, which constitute works within the meaning of the Act of 4.2.1994 on Copyright and Related Rights - the Client grants the Seller a non-exclusive and gratuitous licence, unlimited in terms of time and territory, to use these works by the Seller, together with the right to grant a sub-licence, which includes making the work available to the public in such a way that everyone can have access to it at a place and time individually chosen by them (the Internet). The licence is granted in respect of all fields of exploitation known at the time of its granting, in particular the following fields of exploitation:

1. in the field of recording and multiplication of the work by any technique - in particular by printing, reprography, magnetic recording, digital technique, i.e. using any technique on any audiovisual or visual carrier, in particular on audiovisual discs, CDs, computer disk, in a multimedia network, including the Internet and related on-line services and multiplication, recording, use on the Internet, advertising, multiplication of the recording in electronic form in computer memory and in internal and external networks,
2. use of the whole or fragments or any elements of the work, with the possibility of making modifications resulting from the nature of the given online medium - in all publications, especially online, digital, newsletters and information, alone or in combination with other works or fragments of works; use in whole or in fragments for the purposes of promotion and advertising, especially in the form of audiovisual, audio, media advertising.
3. within the scope of trading in the original or copies on which the work has been fixed - marketing, lending, leasing the original or copies,
4. within the scope of dissemination of the work in a manner other than specified above - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the work available to the public in a manner allowing everyone to have access to it in a place and at a time chosen by them,
5. use of works for promotional and marketing purposes;

4.     the deletion of the Account by the Customer or of an Opinion pursuant to section 9, item 8 shall not affect the validity of the aforementioned licence.

§ 11 Final provisions

1.     These Terms of Use are effective as of 2023.01.26.
2.     In the event that any of the provisions of these Terms and Conditions is modified or invalidated by a decision of a competent authority or court, the remaining provisions shall remain in force and are binding on the Seller and the Customer.
3.     The Seller reserves the right to amend these Terms and Conditions. Any agreements concluded before the date of entry into force of the new regulations shall be implemented on the basis of the regulations that were in force on the date of conclusion of the agreement.
4.     The law applicable to the settlement of any disputes related to the Terms and Conditions shall be the Polish law. These disputes will be settled by the locally competent common court. The Customer who is a Consumer may also make use of out-of-court ways of handling complaints and pursuing claims. All information on out-of-court ways of dealing with complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated proceedings are of a voluntary nature and both parties must agree to them.
5.     Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, we inform you that the platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is a one-stop-shop website for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales or service contract.