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Terms of Use

ONLINE SHOP REGULATIONS

B2B.TEMPLARSGEAR.PL

TABLE OF CONTENTS:

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT

5. THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT

6. PRODUCT COMPLAINTS

7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES

8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

9. PROVISIONS CONCERNING ENTREPRENEURS

10. FINAL PROVISIONS

11. MODEL WITHDRAWAL FORM

These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl. The Online Shop www.shop.templarsgear.pl takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and, in their place, apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.

1. GENERAL PROVISIONS

1.1. The Online Shop available at https://shop.templarsgear.pl is run by TEMPLAR'S GEAR JAKUB RZEPKA KRYSTIAN KONARZEWSKI SPÓŁKA JAWNA (general partnership) based in Władysławów (office address and correspondence address: Wojska Polskiego 32, 05-506 Władysławów, Poland); registered in the Register of Entrepreneurs of National Court Registry under the number: 0000838954, Register Court which holds the company's documentation: District Court for the capital city of Warsaw in Warsaw, XIV Commercial Department, National Court Registry; tax identification number: 1231293669, national economy register (REGON) number 360580926, e-mail address: shop@templarsgear.pl, telephone number: +48 22 7267712.

1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a section states otherwise.

1.3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website. The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).

1.4. Definitions:

1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

1.4.2. REGISTRATION FORM – the form available in the Online Shop that allows you to create an Account.

1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.

1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.

1.4.5. CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).

1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient, in which are collected the data provided by the Service Recipient and the information about Orders placed in the Online Shop.

1.4.7. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.

1.4.8. PRODUCT – a movable item available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.

1.4.9. REGULATIONS – these regulations of the Online Shop.

1.4.10. ONLINE SHOP – online shop of the Service Provider available at the Internet address: b2b.templarsgear.pl

1.4.11. SELLER; SERVICE PROVIDER – TEMPLAR'S GEAR JAKUB RZEPKA KRYSTIAN KONARZEWSKI SPÓŁKA JAWNA (general partnership) based in Władysławów (office address and correspondence address: Wojska Polskiego 32, 05-506 Władysławów, Poland); registered in the Register of Entrepreneurs of National Court Registry under the number: 0000838954, Register Court which holds the company's documentation: District Court for the capital city of Warsaw in Warsaw, XIV Commercial Department, National Court Registry; tax identification number: 1231293669, national economy register (REGON) number 360580926, e-mail address: shop@templarsgear.pl, telephone number: +48 22 7267712.

1.4.12. SALES CONTRACT– the Product sales contract which is being concluded or have been concluded between the Customer and the Seller via the Online Shop.

1.4.13. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.

1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.

1.4.15. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with amendments)

1.4.16. ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1. The following Electronic Services are available in the Online Shop: Account, Order Form and Newsletter.

2.1.1. Account – The use of Account is possible after completing three following steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Register" field and (3) confirming the willingness to create an Account by clicking the confirmation link sent automatically to the given address of electronic mail. In the Registration Form, it is necessary for the Service Recipient to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.

2.1.1.1. The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@templarsgear.pl or in writing to: Wojska Polskiego 32, 05-506 Władysławów, Poland.

2.1.2 Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Buy and pay" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.

2.1.1.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.

2.1.3. Newsletter - using the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Shop website, to which further editions of the Newsletter are to be sent and clicking the action field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - once the Account is created, the Service Recipient is subscribed to the Newsletter.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: shop@templarsgear.pl or in writing to the following address: Wojska Polskiego 32, 05-506 Władysławów, Poland.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.

2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.

2.4. Complaint procedure with regard to the Electronic Services:

2.4.1. The complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the complaint procedure of the Product, which is indicated in items 6 and 7 of the Regulations) the Serwice Recipient may submit, for example:

2.4.1.1. in writing to the address: Wojska Polskiego 32, 05-506 Władysławów, Poland;

2.4.1.2. in electronic form via e-mail to the following address: b2b@templarsgear.pl.

2.4.2. It is recommended that the Service Recipient provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the complaining party - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.

2.4.3. The response to the complaint by the Service Provider takes place immediately, not later than within 14 calendar days from the date of its submission.

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with clause 2.1.2 of the Regulations.

3.2. The Product price shown on the Online Shop website is given in euros (EUR) or American dollars (USD), according to Customer’s choice and includes taxes. The Customer is informed of the total value of the Product included in the Order, as well as of the delivery costs (including fees for transport, delivery and postal services) and other costs, or the obligation to pay those costs, if the value of those fees cannot be determined, on the Online Store’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract.

3.3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form

3.3.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with clause. 2.1.2 of the Regulations.

3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.

3.4. The consolidation, security and access to the Customer the kontent of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in clause 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shpop.

4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment under the Sales Contract:

4.1.1. On the website b2b.templarsgear.pl: payment by bank transfer to the Seller's bank account.

4.2. Payment deadline:

4.2.1. The Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract / receive Proforma Inoice.

5. THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT

5.1. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expreses a will to be bound by the Sales Contract.

5.2. The Seller provides the Customer with the following method of delivery or collection of the Product:

5.2.1. Courier parcel.

5.3. We ship within 14 business days from the date the payment for an order has been recorded on our account, unless the products' information states otherwise.

6. PRODUCT COMPLAINTS

6.1. The basis and scope of the Seller's liability towards the Customer, if the sold product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code).

6.2. The Seller is obliged to provide the Customer with a Product without defects.

6.3. A complaint can be made by the Customer, for example:

6.3.1. in writing to the following address: Wojska Polskiego 32, 05-506 Władysławów, Poland;

6.3.2. in electronic form via e-mail to the following address: b2b@templarsgear.pl.

6.4. It is recommended that the Customer provides in the description of the complaint: (1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the request to bring the Product into compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and (3) the contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.

6.5. The Seller will consider the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer who was a consumer, exercising their rights under the warranty, demanded a replacement or a defect removal, or made a price reduction statement, specifying the amount by which the price is to be reduced and the Seller did not respond to the request within 14 calendar days, it is considered that the request was justified.

6.6. The customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: Wojska Polskiego 32, 05-506 Władysławów, Poland, for example. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is.

6.7. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product to the Customer who is not a consumer shall be excluded.

7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES

7.1. The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims as well as the rules of access to these procedures by the Customer who is a consumer are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. At the the Office of the President of Competition and Consumer Protection there is a contact point (phone: 0048 22 55 60 333, email: kontakt.adr@uokik.gov.pl or a written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task, among others, is the provision of assistance for the consumers in matters relating to the extrajudicial solving of consumer disputes.

7.3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims: (1) an application to settle a dispute to a permanent amicable consumer court (for more information, please visit: http://www.spsk.wiih.org.pl); (2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and (3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 0048 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).

7.4. An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1. A consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in clause 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:

8.1.1. in writing to the address: Wojska Polskiego 32, 05-506 Władysławów, Poland;

8.1.2. in electronic form via e-mail to the following address: b2b@templarsgear.pl.

8.2. An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act and is additionally available in clause 11 of the Regulations. The consumer can use the template form, but it is not obligatory.

8.3. The deadline for withdrawal from the contract begins:

8.3.1. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract) - from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where: (1) many Products are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) when it consists in regular delivery of Products for a definite period - from taking possession of the first Product;

8.3.2. for other contracts - from the date of contract conclusion.

8.4. In the event of withdrawal from a distant contract, the contract is considered null and void.

8.5. The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, to return all payments made by the consumer, consumer the delivery costs of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not cause any costs for him. If the Seller has not offered to collect the Product from the consumer themself, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first.

8.6. The consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Wojska Polskiego 32, 05-506 Władysławów, Poland.

8.7. The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay:

8.8.1. If the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the consumer.

8.8.2. The consumer bears the direct costs of returning the Product.

8.8.3. In the case of a Product being a service which performance - at the explicit request of the consumer - started before the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.9. The right to withdraw from a distant contract is not available to the consumer in relation to contracts:

8.9.1. (1) for the provision of services, if the Seller has fully provided the service with the express consent of the consumer who has been informed before the performance of the service that they will lose the right to withdraw from the contract after the performance of the service by the Seller; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specification or serving to satisfy their individual needs; (4) in which the subject of the service is a product that is quickly deteriorating or has a short shelf-life time; (5) in which the subject of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and which delivery may take place only after 30 days and which value depends on fluctuations in the market over which the Seller has no control; (8) in which the consumer explicitly demanded that the Seller should come to them for urgent repair or maintenance; if the Seller provides additional services other than those required by the consumer, or provides products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in respect of additional services or products; (9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery; (10) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; (11) concluded through a public auction; (12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of service; (13) for the delivery of digital content that is not stored on a tangible medium if the fulfillment of the service started with the consumer's express consent before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.

8.10. The provisions regarding the consumer contained in this clause 8 of the Regulations shall apply from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

9.2. The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller shall have the right to limit available payment methods, including the right to request a full or partial prepayment regardless of the payment method chosen by the Customer and the fact of conclusion of the Sales Contract.

9.4. The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.

9.5. The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.

9.6. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.

10. FINAL PROVISIONS

10.1. The contracts concluded via the Online Shop are concluded in English.

10.2. Change of Regulations:

10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.

10.2.2. In case of concluding on the basis of these Regulations continuous contracts (e.g. providing Electronic Service - Account), the amended regulations bind the Customer if were met the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 15 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the Service Recipient has the right to withdraw from the contract.

10.2.3. In the case of concluding the contracts of a different nature from continuous contracts (for example, a Sales Contract), the amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/Customers before the effective date of amendments to the Regulations, in particular amendments to the Regulations will not have an impact on already placed or submitted Orders and concluded, implemented or executed Sales Contracts.

10.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the 18^th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the Consumer Rights Act; as well as other relevant provisions of generally applicable law.

10.4. These Regulations shall not exclude the laws of the country of habitual residence of a consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by a contract. In such a case, the Seller/Service Provider guarantees the consumer the protection afforded to him by provisions which cannot be excluded by a contract.

Privacy policy

ONLINE SHOP PRIVACY POLICY

SHOP.TEMPLARSGEAR.PL/B2B.TEMPLARSGEAR.PL

TABLE OF CONTENTS:

1. GENERAL PROVISIONS

2. BASIS FOR THE PROCESSING OF DATA

3. PURPOSE, BASIS AND PERIOD OF PROCESSING DATA IN THE ONLINE SHOP

4. DATA RECIPIENTS IN THE ONLINE SHOP

5. PROFILING IN THE ONLINE SHOP

6. THE RIGHTS OF THE DATA SUBJECT

7. COOKIES IN THE ONLINE SHOP AND ANALYTICS

8. FINAL PROVISIONS

1. GENERAL PROVISIONS

1.1. This Privacy Policy of the Online Shop is of informative nature, which means that it is not a source of obligations for Service Recipients or Customers of the Online Shop. The Privacy Policy contains, above all, the principles concerning the processing of data by the Controller in the Online Shop, including the basis, purpose, scope and period of personal data processing and the rights of data subjects as well as information regarding the use of cookies and analytical tools in the Online Shop.

1.2. The Controller of the personal data collected via the Online Shop shall be TEMPLAR'S GEAR JAKUB RZEPKA KRYSTIAN KONARZEWSKI SPÓŁKA JAWNA (general partnership) based in Władysławów (office address and correspondence address: Wojska Polskiego 32, 05-506 Władysławów, Poland); registered in the Register of Entrepreneurs of National Court Registry under the number: 0000838954, Register Court which holds the company's documentation: District Court for the capital city of Warsaw in Warsaw, XIV Commercial Department, National Court Registry; tax identification number: 1231293669, national economy register (REGON) number 360580926, e-mail address: shop@templarsgear.pl, b2b@templarsgear.pl, telephone number: +48 22 7267712 – hereinafter referred to as “Controller” and being simultaneously the Service Provider of the Online Shop and the Seller.

1.3. Personal data in the Online Shop shall be processed by the Controller in accordance with the binding legal regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) hereinafter referred to as “GDPR” or “GDPR Regulation”. The official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679.

1.4. Using the Online Shop, including shopping, is voluntary. Similarly, providing personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to two exceptions: (1) entering into contracts with the Controller – failure to provide the personal data necessary for the conclusion and performance of the Sales Contract or a contract for the provision of an Electronic Service with the Controller in the cases and within the scope indicated on the website of the Online Shop and the Terms and Conditions of the Online Shop and this Privacy Policy shall result in no possibility to enter into the contract. Providing personal data is a contractual requirement in such a case and if the data subject is willing to enter into the contract with the Controller, they shall be obligated to provide the required data. The scope of the data required to enter into the contract is each time specified in advance on the website of the Online Shop and in the Terms and Conditions of the Online Shop; (2) statutory obligations of the Controller – specifying the personal data is a statutory requirement resulting from the commonly binding legal regulations obligating the Controller to process the personal data (e.g. processing data to fiscal books and ledgers) and failure to specify the data will render it impossible for the Controller to perform the obligations.

1.5. The Controller assures due diligence to protect the interest of persons being data subjects, in particular being responsible and liable for and assuring that the data collected are: (1) processed in accordance with the Act; (2) collected for specific, legal purposes and not subject to further processing inconsistent with the purposes; (3) correct as regards the subject matter and adequate as regards the purpose of the processing; (4) stored in a form making it possible to identify the people they apply to, no longer than it proves necessary to attain the purpose of processing and (5) processed in a manner ensuring security of the personal data, including the protection against illicit or illegal processing or accidental loss, damage or destruction, with the use of appropriate technical and organisational measures.

1.6. Taking into account the nature, scope, context and purpose of processing as well as the risk of breaching the rights or freedoms of natural persons with varied likelihood and degree of threat, the Controller is implementing appropriate technical and organisational measures so that the processing takes place pursuant to the Regulation and it is possible to show it. The measures are reviewed and updated, as necessary. The Controller applies technical measures preventing the acquisition and modification of personal data sent electronically by unauthorised persons.

1.7. Any words, phrases and acronyms used in this privacy policy starting with a capital letter (e.g. Seller, Online Shop, Electronic Service) shall be understood in accordance with the definition contained in the Terms and Conditions of the Online Shop available on the websites of the Online Shop.

2. BASIS FOR THE PROCESSING OF DATA

2.1. The Controller is authorised to process the personal data in cases, and to the extent, when at least one of the following conditions is met: (1) the data subject consented to the processing of their data to one or more specified ends; (2) processing is necessary for contract performance the data subject is a party to, or to take actions to the request of the data subject, prior to contract conclusion; (3) processing is necessary to meet the legal obligation of the Controller; or (4) processing is necessary for the needs resulting from the legally justified interests of the Controller or third party, except for situations when the interests or basic rights and freedoms of the data subject override such interests and they require personal data protection, especially when the data subject is a child.

2.2. The processing of personal data by the Controller each time requires having at least one basis indicated in item 2.1 of the privacy policy. Specific bases for processing personal data of the Service Recipients or the Customers of the Online Shop by the Controller are specified in the following point of the privacy policy – as regards the specific goal of processing personal data by the Controller.

3. PURPOSE, BASIS AND PERIOD OF PROCESSING DATA IN THE ONLINE SHOP

3.1. Each time, the purpose, basis, and period as well as the recipients of personal data being processed by the Controller result from actions undertaken by a given Service Recipient or Customer in the Online Shop. For instance, in the case the Customer decides to purchase a Product in the Online Shop and selects collecting the purchased Product personally instead of shipment, their personal data will be processed with a view of performing the Sales Contract entered into, but they will not be made available to the courier delivering the shipment to the Controller’s order.

3.2. The Controller may process the personal data in the Online Shop for the purposes, on the bases and within the periods as follows:

Purpose of data processing	Legal basis for processing data	Period of data storage
The performance of the Sales Contract or a contract for the provision of an Electronic Service or taking actions to the request of the data subject, prior to entering into the above contracts.	Article 6, par. 1, point b) of the GDPR Regulation (contract performance) – the processing is required to perform the Sales Contract of which the data subject is party or to take action to the request of the data subject, prior to entering into the contract.	The data shall be stored for the period necessary for the performance, termination or expiry of the concluded Sales Agreement or contract for the provision of Electronic Services.
Direct marketing	Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the Controller) – the processing is required for achieving the goals based on the legitimate interest of the Controller which includes upholding interests and strengthening reputation of the Controller and the Online Shop as well as his commitment for increasing sales of Products	The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Sales Contract two years). The Controller may not process the data for the needs of direct marketing in the case of expressing clear objection in this field by the data subject.
Marketing	Article 6, par. 1, point a) of the GDPR Regulation (consent) – the data subject expressed the consent to process its personal data for marketing purposes by the Controller	The data are stored until the data subject withdraws the consent to further process their data to that end.
Expressing an opinion on the concluded Sales Contract by the Customer	Article 6, par. 1, point a) of the GDPR Regulation (consent) – the data subject expressed the consent to process its personal data for purpose of expressing an opinion	The data are stored until the data subject withdraws the consent to further process their data to that end.
Keeping tax books	Article 6, par. 1, point c) of the GDPR Regulation in relation with Article 86 §1 of Tax Ordinance Act, consolidated text of 17 January 2017 (Journal of Laws of 2017 item 201) – the processing is required for the Controller due to their statutory obligations	The data shall be stored for the legally required period, requesting the Controller to store tax books (till the lapse of the period of limitation of a tax obligation, unless acts on taxes stipulate otherwise).
Determining, pursuing or defence of claims on the side of the Controller, or ones that may arise as regards the Controller	Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the controller) – the processing is required for the purposes resulting from the legitimate interests of the Controller which includes determining, pursuing or defence of claims on the side of the Controller, or ones that may arise as regards the Controller	The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims against the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims against the Controller amounts to six years).
Use of the Online Shop website and ensuring its proper functioning	Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the controller) – the processing is required for the purposes resulting from the legitimate interests of the Controller which includes operating and maintenance of the Online Shop	The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Sales Contract two years).
Preparing statistics and analysing the manner of the data subject conduct on the website of the Online Shop	Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the controller) – the processing is required for the purposes resulting from the legitimate interests of the Controller which includes preparing statistics and analysing the manner of the data subject conduct on the website of the Online Shop in order to improve the functioning of the Online Shop and increase sales of Products	The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Sales Contract two years).

4. DATA RECIPIENTS IN THE ONLINE SHOP

4.1. For the needs of proper Online Shop functioning, inclusive of the performance of the Contracts of Sale entered into, it shall be necessary for the Controller to make use of external companies’ services (e.g. software provider, courier, or payment system provider). The Controller uses solely the services of such processing entities which ensure sufficient guarantee to implement appropriate technical and organisational measures so that the processing meets the requirements set out in the GDPR Regulation and protects the rights of data subjects.

4.2. Providing data by the Controller does not take place in every case and not to all the recipients or categories of recipients defined in the privacy policy – the Controller provides the data only in the case it proves necessary to attain a given purpose of personal data processing and solely within the necessary scope.

4.3. Personal data of the Online Shop Service Recipients or Customers may be provided to the following recipients or categories of recipients:

4.3.1. carriers/forwarders/couriers/entities operating warehouses and/or responsible for shipping process – in the case of a Customer who selects the Online Shop to deliver the Product by post or courier, the Controller makes the collected Customer’s personal data available to the selected carrier, forwarder or agent performing shipment for the Controller, and if the delivery is to be made from the external warehouse – to the entity operating warehouse and/or responsible for shipping process – to the extent necessary to deliver the Product to the Customer.

4.3.2. e-payments or payment card service providers – in the case of a Customer who uses in the Online Shop the option of e-payment or payment card, the Controller makes the collected Customer’s personal data available to the selected payment service provider in the Online Shop for the Controller to the extent necessary to perform the payment of the Customer.

4.3.3. accounting, legal and consulting services providers rendering for the Controller accounting, legal or consulting services (in particular an accounting agency, law firm or debt collection company) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary for attaining a given purpose of data processing in accordance herewith.

4.3.4. providers of social plugins implemented in the Online Shop, of scripts and other similar tools enabling a person using the Online Shop to download content from the providers of the said plugins (e.g. logging in using social network login details) and for this purpose providing the providers with the personal data of the visitor, including also:

4.3.4.1. Facebook Ireland Ltd. – the Controller uses Facebook social plugins in the Online Shop (e.g. “Like it” or “Share” buttons or logging in using Facebook login details) and therefore collects and discloses personal data of the Service Recipient using the Online Shop to Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy principles available here: https://www.facebook.com/about/privacy/ (this data may include information about activities in the Online Shop - including information about the device, the visited websites, purchases, displayed ads and how to use the services - regardless of whether the Service Recipient has a Facebook account and is logged in to Facebook).

5. PROFILING IN THE ONLINE SHOP

5.1. The GDPR Regulation obligates the Controller to inform about the automated decision-making process, including profiling referred to in Article 22, par. 1 and 4 of the GDPR Regulation, and – at least in those cases – the vital information concerning the decision-making process as well as the meaning and foreseeable consequences of processing for the person being the data subject. Bearing in mind the above, the Controller specifies in this point of the privacy policy the information concerning the possible profiling.

5.2. The Controller may use profiling in the Online Shop for direct marketing purposes, yet the decisions made on its basis by the Controller do not concern the conclusion or rejection to conclude the Sales Contract, or the possibility to make use of Electronic Services in the Online Shop. The result of profiling in the Online Shop may be e.g. discount for a given person, sending a discount code, reminding about unfinished purchase process, sending Product offers, which may be related to the interests or preferences of the person, or offering better conditions as compared with the standard offer of the Online Shop. Regardless of profiling, the person makes decisions freely, whether they want to use the discount given, or better conditions and buy a product in the Online Shop.

5.3. Profiling in the Online Shop consists in automatic analysis or forecast of the conduct of a given person on the website of the Online Shop, e.g. by adding a given Product to the cart, browsing the page of a given product in the Online Shop, or the analysis of the history of purchase in the Online Shop. The condition for such profiling is for the Controller to have the personal data of the person, so that they can later send them e.g. a discount code.

5.4. The data subject shall have the right not to depend on the decision, which is only based on automated processing, including profiling, and has some legal effects on the person or similarly affects them.

6. THE RIGHTS OF THE DATA SUBJECT

6.1. The right to access, rectify, restrict, erase or transmit – the data subject shall have the right to demand the Controller to have access to their personal data, rectify, erase (“the right to be forgotten”) or restrict the processing and shall have the right to object to the processing and transmit their data. Detailed conditions of the above rights shall be indicated in Articles 1522 of the GDPR Regulation.

6.2. The right to withdraw the consent at any time – the person whose data are being processed by the Controller on the basis of the consent given (pursuant to Article 6, par. 1, point a) or Article 9, par. 2, point a) of the GDPR Regulation), they shall have the right to withdraw their consent at any time without any impact on the compatibility with the right to process made based on the consent prior to the withdrawal.

6.3. The right to lodge a complaint with a supervisory body – the person whose data are being processed by the Controller shall have the right to lodge a complaint with a supervisory body in a manner and mode specified in the provisions of the GDPR Regulation and the Polish law, in particular the Personal Data Protection Act. The supervisory body in Poland shall be the President of the Office for Personal Data Protection.

6.4. The right to object – the data subject shall have the right, at any time, to lodge a complaint – for reasons related to their particular situation – as regards the processing of their personal data based on Article 6, par. 1, point e) (public interest or official authority) or f) (legitimate interest of the controller) in the case of profiling based on the provisions. The Controller in such a case must stop processing the personal data, unless they show the existence of legally significant and justified bases for the processing, overriding the interests, rights and freedoms of the data subject, or the bases for determining, pursuing or defending the claims.

6.5. The right to object as regards direct marketing – in the case the personal data are being processed for the needs of direct marketing, the data subject shall have the right, at any time, to lodge a complaint as regards the processing of their personal data for the needs of such marketing, including profiling, to the extent to which the processing is related to direct marketing.

6.6. To perform the rights mentioned in this point of the privacy policy, one may contact the Controller by sending them an appropriate message in writing or via e-mail to the address of the Controller indicated at the beginning of the privacy policy or using the contact form available on the Online Shop’s website.

7. COOKIES IN THE ONLINE SHOP AND ANALYTICS

7.1. Cookies are small pieces of text files sent by the server and saved at the visitor’s of the Online Shop (e.g. on the hard disk of a computer, laptop, or smartphone’s memory card – depending on the type of device used by the Online Shop’s visitor). Detailed information on Cookies as well as the history of their origin can be found e.g., at: https://en.wikipedia.org/wiki/HTTP_cookie.

7.2. Cookies, which can be sent via the Online Shop website, can be divided into various types, according to the following criteria:

With regard to the provider:

1) own (created by the Controller’s Online Shop website) and

2) belonging to other persons/third parties (other than the Controller)

With regard to the period of their retention on the appliance of the Online Shop’s visitor:

1) session cookies (stored till the moment of closing of the Website or a browser) and

2) persistent cookies (having some expiration period, defined by parameters of each file or until they are removed by hand)

With regard to the purpose of their usage:

1) strictly necessary cookies (enabling proper functioning of the Online Shop website),

2) functional/preferential cookies (enabling adjustment of the Online Shop website to the visitor’s preferences),

3) analytical and performance cookies (collecting information on the use of the Online Shop website),

4) targeting, advertising or social cookies (collecting information on the visitor of the Online Shop website in order to display personalised advertisements to such a person and for other marketing activities, including those performed on sites different from the Online Shop website, such as social networks).

7.3. The Controller may process information contained in Cookies during visiting of the Online Shop website for the following specific purposes:

Purposes of using Cookies on the Controller’s Online Shop website	Identification of the Service Recipients as logged in to the Online Shop and showing them that they are actually logged in (strictly necessary Cookies)
	Saving Products added to the cart to place an Order (strictly necessary Cookies)
	Saving data from the filled-in forms, questionnaires, or login data for the Online Shop (strictly necessary Cookies and/or functional/preferential Cookies)
	Adjustment of the Online Shop website contents to individual preferences of the Service Recipient (e.g. colours, font size, layout) and optimisation of the use of the website (functional/preferential Cookies)
	Keeping anonymous statistics presenting the visitor’s behaviours on the Online Shop website (statistical Cookies)
	Remarketing, namely evaluating the conduct of visitors of the Online Store through anonymous analysis of their activities (e.g. repeated visits on particular pages, key words etc.) to create their profile and provide them with adverts matching their interests, also when they visit other websites in the advertising network of Google Inc. and Facebook Ireland Ltd. (marketing, advertising and social Cookies)

7.4. It is possible to check which Cookie files are being sent in a given moment by the Online Shop website (including the expiry period of Cookies and their provider). In the most popular web browsers, it can be done in the following ways:

In Chrome browser: (1) in the address bar, click the ’locked’ icon on the left, (2) go to the benchmark „Cookie files”.	In Firefox browser: (1) in the address bar, click the ’shield’ icon on the left, (2) go to the benchmark „Allowed” or „Blocked”, (3) click the button „Tracking cookies between websites”, „Tracing elements of social networks or „Content with tracing elements”	In Internet Explorer browser: (1) Click „Tools” menu, (2) go to „Internet options” benchmark, (3) go to „General” benchmark, (4) then go to „Settings”, (5) click the button „Display files”
In Opera browser: (1) in the address bar, click the ’locked’ icon on the left, (2) go to the benchmark „Cookie files”.	In Safari browser: (1) click menu „Preferences”, (2) go to „Privacy” benchmark, (3) click the button „Manage website data”	Independent of the browser used, you can apply tools available e.g. at: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/

7.5. As a standard, most internet browsers on the market accept saving Cookies by default. Every person has the possibility to specify the conditions of using Cookies in the browser settings. It means that one may, e.g. partially restrict (e.g. temporarily) or fully disable saving Cookies – in the latter case it may have an impact on some functionalities of the Online Shop (for instance it may prove impossible to go through the Order using the Order Form owing to failure to save the Products in the cart in the course of subsequent stages of Order placement).

7.6. The browser settings concerning Cookies are essential as regards the consent to use Cookies by our Online Shop – in accordance with the law, such consent may also be expressed in the browser settings. In view of lack of such consent, change the browser setting accordingly as regards Cookies. Detailed information concerning the change in Cookies settings and their individual removal in the most common browsers is available in the help section of the browser and the following websites (click the link):

· Chrome

· Firefox

· Internet Explorer

· Opera

· Safari

· Microsoft Edge

7.7. The Controller may use Google Analytics, Universal Analytics services in the Online Shop, which are provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). The services help the Controller to analyse the frequency of visits in the Online Shop. The data collected are processed under the above services to generate statistics helpful while administering the Online Shop. The data are of collective nature. Using the above services in the Online Shop, the Controller collects such data as the sources and medium of acquiring visitors of the Online Shop and the manner of their conduct on the website of the Online Shop, information concerning their devices and browsers used to visit the website, IP and domain, geographical data and demographic data (age, sex) and interests.

7.8. It is possible to easily block sharing information with Google Analytics as regards the activity on the website of the Online Shop – install to that end an opt-out add-on made available by Google Ireland Ltd. available at: https://tools.google.com/dlpage/gaoptout?hl=pl.

8. FINAL PROVISIONS

8.1. The Online Shop may contain links to other websites. The Controller encourages that at the time of being transferred to other websites, become familiar with the privacy policy. This privacy policy shall apply only to the Online Shop of the Controller.

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