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A mask with a filter made of high-class materials with a unique design, exceptional tightness and comfortable wearing. Made in Poland.
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ONLINE STORE TERMS AND CONDITIONS

These Regulations for the provision of services on the www.urbaner.pl Website define the rules of the operation and use on the Website and regulate the rights and obligations of its users. Each user who accesses the Website acknowledges and accepts these Regulations, the Privacy Policy, and the Cookie Policy, the content of which is also available on the Website www.urbaner.pl.

§ 1
General provisions
  1. Price - a price of the Product placed in the Store next to the information about the Product. The price is given in Polish zlotys and includes VAT.

  2. Working days - days from Monday to Friday, excluding public holidays.

  3. Registration Form - a form available in the Store that allows you to create an Account.

  4. Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.

  5. Customer - any entity making purchases in the Store.

  6. Civil Code - the Act of April 21, 1964, (Journal of Laws No 16, item 93, as amended).

  7. Consumer - a natural person concluding a Contract with the Seller within the framework of the Store, the subject of which is not directly related to its business or professional activity.

  8. Account - a Customer Account in the Store which contains data provided by the Customer and information about Orders placed by him in the Store.

  9. Shopping Cart - an element of the Store's software in which the Products selected for purchase are visible; it is also possible to determine and modify the Order data, in particular the quantity of the Products.

  10. Product - an item available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.

  11. Entrepreneur - a natural person, a legal person, or an organizational unit that is not a legal person, whose separate law grants legal capacity, performing on its own behalf an economic activity that uses the Store.

  12. Regulations - these Store regulations.

  13. Store - an online store run by the Seller at the internet address: https://urbaner.pl.

  14. Seller, Service Provider - SMARTWEAR Sp. Z O.O. with the registered office in 80-172 Gdańsk, Trzy Lipy 2 / 1/3, entered into the Register Of Entrepreneurs of the National Court Register (KRS 0000776105), kept by the Gdańsk-North District Court in Gdańsk, VII Commercial Division of the National Court Register, NIP: 9571114055, REGON: 382788495, share capital PLN 10,000, paid in full, represented by the President of the Management Board.

  15. Sales Agreement - a Product sales contract concluded between the Customer and the Seller via the online Store.

  16. Remote contract - a contract concluded with the Customer within the framework of an organized system of concluding remote contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of remote communication until and including the time of concluding the Contract.

  17. Order - a Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying, in particular, the type and number of the Goods.

§ 2
General provisions
  1. The URBANER.PL online Store, available at https://urbaner.pl, is run by SMARTWEAR Sp. Z O.O. with the registered office in 80-172 Gdańsk, Trzy Lipy 2 / 1/3, entered into the Register Of Entrepreneurs of the National Court Register (KRS 0000776105), kept by the Gdańsk-North District Court in Gdańsk, VII Commercial Division of the National Court Register, NIP: 9571114055, REGON: 382788495, share capital PLN 10,000, paid in full, represented by the President of the Management Board.
  2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the online Store as well as the rules and procedure for concluding Sales Agreements with the Customer remotely, via the Store.
  3. By accepting these Regulations, the User:

    1. consents to the conclusion of the Contract using means of remote communication, i.e. e-mail, electronic order form, telephone, text messages,

    2. agrees for the Seller to provide all digital content with the use of means of remote communication, i.e. access to the Service, before the 14-day statutory withdrawal period, in accordance with Art. 38, point 1 of the Consumer Rights Act.

§ 3
Contact with the Store
  1. Seller's address: Trzy Lipy 2 / 1/3, 80-172 Gdańsk.
  2. Seller's e-mail address: kontakt@urbaner.pl.
  3. Seller's telephone number: +48 664 990 690.
  4. Seller's bank account number: 21 1140 2004 0000 3502 7905 6324.The Customer may communicate with the Seller using the addresses and the telephone numbers provided in this paragraph.
  5. The Customer may call the Seller between 9:00 am and 5:00 pm.
§ 4
Technical requirements

Using the Store, including viewing the Store's assortment and placing orders for Products, requires:

  1. a terminal device with access to the Internet and the Internet browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,
  2. an active e-mail account,
  3. enabled cookies and javascript,
  4. FlashPlayer installed.
§ 5
General provisions
  1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unlawful actions of third parties, or incompatibility of the online Store with the Customer's technical infrastructure.
  2. Viewing the Store's assortment does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible either after creating an Account under the provisions of §6 of the Regulations or by providing the necessary personal and address data enabling the Order to be completed without creating an Account.

  3. The Prices provided in the Store are given in Polish zlotys and are gross prices (including VAT).
  4. The final amount to be paid by the Customer consists of the Price for the Product and the cost of delivery (including the charges for transport, delivery, and postal services), about which the Customer is informed on the Store's website when placing the Order, including when expressing will to be bound by the Sales Agreement.

  5. When the nature of the subject of the Agreement does not allow, judiciously judging, to calculate the final Price in advance, information on the manner in which the Price shall be calculated, as well as the charges for transport, delivery, postal services, and other costs, shall be provided in the Store in the Product description.
§ 6
The way of using the Website
  1. The use of the Website by the User is voluntary. In case of doubts or questions, the User may obtain detailed information at the following e-mail address: kontakt@urbaner.pl.
  2. By concluding the Agreement for the provision of services via the Website, the User undertakes to provide real personal data, and in the event of any change, also to update them. The User consents to the processing of such data in accordance with the Privacy Policy and applicable provisions of Polish law and the law of the European Communities, including the GDPR, the Personal Data Protection Act, and the Electronic Services Act.
  3. The use of the Website is possible after reading and accepting the Cookies Policy, in accordance with the telecommunications law.
  4. The Seller shall protect the personal data collected on the Website in accordance with the GDPR and the Personal Data Protection Act.
  5. The Administrator of personal data is the Seller. Any questions and doubts related to personal data and protection of personal data should be reported to the following e-mail address: aod@urbaner.pl.
  6. Personal data provided by the User, indicated during the Registration, shall be used by the Seller for the proper provision of services covered by the Agreement for the provision of services and for the purposes indicated in the Privacy Policy. The Seller recommends updating the User’s personal data and warns against the related risk of omission.
  7. By completing the User Registration procedure on the Website, which results in the conclusion of the Agreement for the provision of services, the User ensures and declares that he has read and accepted the content of the entire Regulations, Privacy Policy and Cookie Policy, to which the Seller provides permanent access on the Website.
  8. Personal data is provided by the User voluntarily, provided that failure to provide personal data or providing false data may prevent the provision of the Service. The User has the right to request access to his personal data at any time, the right to request its modification or removal, and the right to object in cases provided for by law, by submitting appropriate requests to the e-mail address kontakt@urbaner.pl.
  9. During Registration, the User agrees to processing, collecting, recording, storing, developing, sharing, and deleting the User's personal data by the Seller to the extent necessary to provide the Services as well as receiving correspondence on the provided registration data from the Seller with information about the current functioning and changes on the Website that affect the performance of the Service.
  10. The Seller is not responsible for the actions and omissions of the Users, in particular for their infringement of personal rights, trademark rights, or copyrights of third parties. Information on any activities that may violate personal rights, trademark rights, or copyrights of third parties by the abovementioned persons should be provided via e-mail to the address: kontakt@urbaner.pl.
  11. Each User undertakes to comply with Polish and international law, including in particular: provisions on the protection of personal data, provisions on the protection of personal rights, provisions on copyright and related rights, including proprietary copyrights and moral rights, provisions of industrial property law, provisions of criminal law, minor offences, and other prohibited acts regulated in applicable legal provisions, provisions on the provision of services by electronic means, in particular, sending unsolicited commercial information or the so-called spam. Furthermore, the User undertakes not to use techniques and devices that interfere with the operation of the IT infrastructure of the Website and not to take any other actions inconsistent with its purpose, in particular resulting in damage to the Seller or other entities using the Website. The Seller reserves the right to a short technical break in the functioning of the Website in the event of planned, ongoing operation or maintenance of the server and the Website's software.
§ 7
Setting up an Account in the Store
  1. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: name, surname, address, delivery address, e-mail address, telephone number.

  2. Creating an Account in the Store is free of charge.

  3. Logging into the Account is done by entering the login and password set in the Registration Form.

  4. The Customer may—at any time, for any reason, and without incurring any fees—delete the Account by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses provided in §3.

§ 8
Rules for placing an order
  1. In order to place an Order, the User has to:
    1. log in to the Store,
    2. select the Product that is the subject of the Order, and then click the ‘Add to Cart’ button (or equivalent),
    3. log in or use the option of placing an Order without registration,
    4. if the option to place an Order without registration has been selected—fill in the Order Form by entering the details of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (the method of delivery of the Product), and enter the invoice data if different from the User's details,
    5. click the ‘Order and pay’ button and confirm the Order by clicking the link sent in the e-mail,
    6. choose one of the available payment methods and, depending on the method of payment, pay for the Order within a specified period, subject to §8 point 3.
§ 9
Delivery and payment methods
  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    1. courier delivery,
    2. InPost shipment (Paczkomat).
  2. The customer may use the following payment methods:
    1. payment by bank transfer to the Seller's account,
    2. electronic payment,
    3. payment by credit card.
  3. Electronic payments and card payments are made via the Przelewy24.pl website—all possible current payment methods are specified on the Website in the information tab on payment methods and on the website https://www.przelewy24.pl/.
§ 10
Execution of the Sales Agreement
  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the online Store in accordance with §7 of the Regulations.

  2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of the receipt of the Order and its implementation takes place by sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declaration of receipt of the Order and its acceptance for implementation and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.

  3. If the Customer chooses payment by bank transfer, electronic payment, or payment by credit card, he is obliged to make the payment within 2 calendar days from the date of the Sales Agreement; otherwise, the Order shall be cancelled.

  4. If the Customer has chosen the method of delivery via courier delivery or InPost Paczkomaty, the Product shall be sent by the Seller within the time specified in its description (subject to the fifth paragraph), in the manner chosen by the Customer when placing the Order.

  5. In the case of ordering Products with different delivery dates, the delivery date is the longest given date.

  6. The beginning of the period of delivery of the Product to the Customer is counted as follows. If the Customer chooses the method of payment by bank transfer, electronic payment, or payment card, the period is counted from the date of crediting the Seller's bank account.

  7. In the case of ordering Products with different reception readiness dates, the reception readiness time is the longest given date

  8. The Order fulfilment time ranges from 24 to 48 hours from the moment the Seller receives the payment. If the execution time turns out to be longer, the Seller shall contact the Customer to inform about the delay and confirm that the Order shall be continued.

  9. Product delivery takes place only in Poland.

  10. Product delivery is payable unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery, and postal services) are indicated to the Customer on the online Store Website in the ‘Delivery costs’ tab and whilst placing the Order, including when the Customer expresses his will to conclude a Sales Agreement.

  11. The Seller confirms the conclusion of the Sales Agreement by issuing a or a VAT invoice (at the Customer's request).

§ 11
The right to withdraw
  1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.

  2. The running of the period specified above begins with the delivery of the Product to the Consumer or a person other than the carrier designated by him.

  3. In the case of an Agreement that covers many Products that are delivered separately, in batches, or in parts, the date specified in the first paragraph runs from the delivery of the last item, batch, or part.

  4. The Consumer may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller. In order to meet the deadline for withdrawing from the Agreement, it is sufficient for the Consumer to send a declaration before that date.

  5. The declaration may be sent by traditional mail or by e-mail by sending it to the Seller's e-mail address or by submitting the declaration via the Seller's Website—the Seller's contact details are specified in §3. The declaration may also be submitted on the form, a model of which is attached as Appendix No. 1 to these Regulations and the Act of May 30, 2014 on consumer rights, but it is not obligatory.

  6. If the Consumer sends the declaration by e-mail, the Seller shall immediately send the confirmation of receipt of the declaration of withdrawal from the Agreement to the e-mail address provided by the Consumer.

  7. Consequences of withdrawal from the Agreement:

  8. In the event of withdrawal from a Distance Agreement, the Agreement shall be considered null and void

  9. In the event of withdrawal from the Agreement, the Seller shall immediately return to the Consumer—not later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement—all payments made by him, including the costs of delivering the goods, except for additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest standard delivery method offered by the Seller.

  10. The reimbursement shall be made by the Seller using the same payment method that was used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that does not involve any costs for him.

  11. The Seller may withhold the reimbursement until the Product is received back or until a proof of its return is provided to him, whichever occurs first.

  12. The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline shall be met if the Consumer sends the Product back within 14 days.

  13. The Consumer bears the direct costs of returning the Product, including the cost of returning the Product, if, due to its nature, the Product could not be returned by regular mail.

  14. The Consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics, and functioning of the Product.

  15. In the event that, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the cost of returning the Product, shall be included in the Product description in the Store.

  16. The right to withdraw from a Distance Agreement is not entitled to the Consumer in relation to the Agreement:

    1. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,

    2. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons if the package has been opened after delivery,

    3. in which the subject of the service is an item that deteriorates quickly or has a short shelf life,

    4. for the provision of services if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the Seller has fulfilled the service, he shall lose the right to withdraw from the Agreement,

    5. 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 to withdraw from the Agreement,

    6. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things,

    7. in which the subject of the service are alcoholic beverages, the price of which was agreed upon the conclusion of the Sales Agreement, the delivery of which may take place only after 30 days, and the value of which depends on fluctuations on the market over which the Seller has no control,

    8. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package if the package has been opened after delivery,

    9. for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement,

    10. for the delivery of digital content that is not saved on any tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the Agreement and after informing him by the Seller about the loss of the right to withdraw from the Agreement.

  17. Withdrawal from a Distance Agreement is not available to an entity other than the Consumer, and all liability of the Seller towards the Client who is not a Consumer is excluded. In case of disputes with the Client, the legal proceedings musts be instituted at the court, which is competent for the registered office of the Seller.

§ 12
Complaints and warranty matters
  1. The Sales Agreement covers new Products.
  2. The Seller undertakes to deliver the Goods without defects.
  3. In the event of any defects in the Goods purchased from the Seller, the Customer has the right to make a complaint based on the provisions regarding the warranty in the Civil Code.
  4. The Seller is liable to the Customer who is a Consumer under the warranty for defects under the terms of Art. 556-576 of the Civil Code. In relation to the Customers who are Entrepreneurs, the warranty is excluded.
  5. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
  6. In the complaint, it is recommended to include, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
  7. The Seller shall respond to the complaint immediately, no later than within 14 days, and if he does not do so within this period, it is considered that the Customer's request was considered justified.
  8. Goods returned as part of the complaint procedure should be sent to the address given in §3 of these Regulations.
  9. In the event of gaps in the complaint, the Seller shall call the Customer to supplement it to the extent necessary, immediately, not later than within 7 days from the date of receipt of the request by the Customer.
  10. If a guarantee has been granted for the Product, the information about it, as well as its content, shall be included in the description of the Product in the Store.
  11. The Buyer may cancel the Order until the Goods are shipped. The Buyer shall be informed about the shipment of the Goods by e-mail. The resignation from the execution of the Order placed by the Customer shall be effective if it reaches the online Store before the shipment of the ordered Goods.
  12. After receiving the parcel, the Customer or a third party authorized by him should, if possible, carefully check the condition of the packaging, whether it has any signs of damage or tampering with and whether its contents are intact. In the event of any damage or other irregularities, the Customer should, if possible, in the presence of the courier, prepare a damage report and notify the Seller of this fact. If the Goods appear damaged, the Customer is requested not to accept the parcel, if possible. This provision in no way excludes or limits the Customer's rights to submit a complaint on the terms provided for in these Regulations. The above-described procedure is only intended to help the Seller in determining the causes and liability for the damage. Failure to draw up a report by the Customer in the presence of a courier does not limit the possibility of reporting damage to the parcel.
§ 13
Out-of-court methods of dealing with complaints and redress
  1. Detailed information on the possibility for the Consumer to use out-of-court methods of dealing with complaints and redress and the rules on access to these methods are available at the offices and on the websites of county (district) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Regional Trade Inspection Authorities, and at the following internet addresses of the Office of Competition and Consumer Protection:
    1. http://www.uokik.gov.pl/spory_konsumenckie.php
    2. http://www.uokik.gov.pl/sprawy_indywidualne.php
  2. The Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and redress:
  3. The Consumer is entitled to address the permanent arbitration consumer court referred to in Art. 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute relating to the Agreement concluded with the Seller.
  4. The Consumer is entitled to address the Regional Trade Inspection Authority in accordance with Art. 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate the mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
  5. The Consumer may obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of a county (district) consumer ombudsman or a social organization whose statutory tasks include consumer protection, including the Consumer Federation or the Association of Polish Consumers.
§ 14
Personal data in the online Store
  1. The Administrator of the personal data of Customers collected via the online Store is the Seller.
  2. The Customers' personal data collected by the Administrator via the online Store is collected in order to implement the Sales Agreement and, if the Customer agrees, for marketing purposes.
  3. The recipients of personal data of the Customers of the online Store may be:
  4. In a case of a Customer who uses the online Store and chooses a postal parcel or a courier, the Administrator provides the Customer's collected personal data to the selected carrier or an intermediary performing the shipment at the request of the Administrator.
  5. In the case of a Customer who uses the online Store and chooses the method of an electronic payment or a card payment, the Administrator provides the Customer's collected personal data to the selected entity servicing the above payments in the online Store.
  6. The Customer has the right to access his data and correct it.
  7. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement results in the inability to conclude this Agreement.
§ 15
Copyrights
  1. The Website is protected by copyrights.
  2. The Seller is the owner or the licensee of the materials available on the Website, unless explicitly stated otherwise.
  3. On the basis of a non-exclusive, free and non-transferable license, the Seller authorises the Participant to use the proprietary copyrights to the materials contained on the Website only to read the presentation of the Services offered by the Seller and to conclude an Agreement for the provision of training services and services provided electronically to the extent specified in the Regulations.

  4. The Participant may not use the materials contained on the Website for commercial purposes without the consent of the Seller or the licensee.

  5. The logo, the name of the Seller, and the name of the Website, its concept, graphic design, software, materials, and collected databases are protected by law.

  6. The Seller warns that the infringement of copyrights and other rights shall be respected in court.

  7. The Seller declares that all materials and information constituting the resources of the Website are obtained and edited with due diligence in order to ensure the reliability, validity, and completeness of the Website.

  8. In the process of selecting materials for the purposes of running the Website, the Seller uses his own materials and materials obtained, pursuant to applicable law, from external entities.

  9. The Consumer agrees to the free use of his public image for the purposes of promoting the Services in the event of online transmission of the Services provided, publication of photos, films, and special events conducted by the Seller.

  10. Any comments regarding the materials available on the Website should be sent via e-mail to: kontakt@urbaner.pl.

§ 16
Final Provisions
  1. All rights to the online Store, including proprietary copyrights, intellectual property rights, Internet domain, website of the online Store, as well as forms and logos, belong to the Seller and their use may only take place in a specified manner and in accordance with these Regulations.
  2. The Agreements concluded through the online Store are concluded in Polish.
  3. The Seller reserves the right to amend the Regulations for important reasons, that 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. The Seller shall inform the Customer about each change at least 7 days in advance.

  4. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular the Civil Code, the Electronic Services Act, the Consumer Rights Act, and the Personal Data Protection Act.

  5. The Customer has the right to take advantage of out-of-court methods of dealing with complaints and redress. For this purpose, he may file a complaint via the EU ODR internet platform available at: http://ec.europa.eu/consumers/odr/.

  6. These regulations enter into force on June 20, 2020.