TERMS AND CONDITIONS OF THE ONLINE STORE
www.goholeshots.com

The online store operating at www.goholeshots.com is run by Żaneta Rysio as part of business activity under the name HOLESHOTS Żaneta Rysio, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, with its registered office at: ul. 11 Listopada 5D/6, 22-200 Włodawa, NIP: 5651529916, REGON: 386445036, hereinafter referred to as the „Seller”.

Contact with the Seller can be obtained:
– using the e-mail address – info@goholeshots.com
– using the contact form on the Store’s website.

§ 1 GENERAL PROVISIONS

  1. The following meanings are established for the words:
    1. REGULATIONS – these regulations,
    2. CUSTOMER – a natural person, legal person or organizational unit without legal personality and having the capacity to perform acts in law, which, on the terms set out in these regulations, places an Order in the Online Store,
    3. ENTREPRENEUR WITH CONSUMER RIGHTS – a natural person with the status of an entrepreneur, entered in the CEIDG register, making Orders as part of his business activity, but without connection to the professional nature of this activity. This status applies only to customers with a place of delivery or registered office in Poland.
    4. CONSUMER – a customer who is a natural person using the Online Store for purposes not directly related to its business or professional activity,
    5. GOODS, PRODUCT – a movable item, presented in the Online Store as a template for personalization, to which the Sales Agreement applies,
    6. SALES AGREEMENT – a contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer, using the Store’s website,
    7. ONLINE SHOP (STORE) – an online service available at www.goholeshots.com, through which the Customer can place an Order,
    8. COMMUNITY STORE (PORTAL) – sales functionality available as part of a social network (Facebook, Instagram), through which the Customer can place an Order.
    9. ORDER – Customer’s declaration of intent clearly specifying the type and quantity of Goods, aiming directly at concluding a Sales Agreement.
  2. The subject of the Store’s activity is retail sale, including the sale of personalized clothing and other products made at the special request of the Customer and enabling the Customer to place Orders for the offered products via the website. The use of this service is possible after the Customer’s registration and logging in to the Store or through a correctly completed Order form without the need to log in. The Store allows you to browse the Store’s assortment free of charge on product pages. The above is also possible by means of the sales functionality contained within the Social Portal.
  3. The products offered in the Store and on the Portal are new and only subsequently personalized at the Customer’s special request.
  4. The sale takes place via the Internet between the person placing the Order as the buyer and the Store as the Seller.
  5. The provisions of these Regulations apply to both Orders placed by the Store and via the Portal.
  6. Each Customer who purchases products offered by the Store and the Portal is obliged to read the content of these Regulations, and in the case of the Portal, additionally with the regulations applicable within it.

§ 2 TECHNICAL CONDITIONS FOR PLACING ORDERS

1. Technical requirements necessary to use the Store’s services:
a) connection to the Internet,
b) correctly configured browser,
c) current, active and correctly configured e-mail account,
d) enabled Cookies and Java Script
e) a program for reading PDF files.
2. If the Customer uses hardware or software that does not meet the technical requirements set out above, the Store does not guarantee the proper functioning of the website and stipulates that this may have a negative impact on the quality and course of the Order placement procedure.
3. In the case of placing Orders via the Portal, it is also necessary to meet the technical requirements provided for in the regulations of a given Portal, including in particular the need to have a registered account on the Portal in order to use the purchase functionality.
4. It is forbidden for the Customer to provide unlawful content, including in product reviews.
5. The customer can subscribe to the Store’s newsletter, i.e. cyclical sending of information about the Store’s products and services. To subscribe to the newsletter, the Customer enters his e-mail address in the newsletter form on the Store’s website, at the same time confirming consent to the processing of his personal data for this purpose and sending promotional content to the e-mail address provided. You can unsubscribe from the newsletter at any time, and for this purpose, the Customer is asked to provide a statement of resignation via the Store’s e-mail address: info@goholeshots.com or by selecting the resignation link in the e-mail message delivered with the newsletter.
6. If personalized products are selected, all graphic files, logos and other materials necessary to perform the Order should be sent in the following formats: PSD, AI, PDF, CDR, PNG, PDF or JPG with a resolution of at least 300 dpi.

§ 3 ORDERS – PERSONALIZED PRODUCTS

1. Information about the available assortment in the Store and the Portal constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
2. By placing an Order for products, the Customer submits an invitation to conclude a sales contract for the ordered Products in the Store or Portal. The process of ordering a Product begins by selecting an interesting base product and then agreeing the details of personalization with the Store based on the patterns presented in the Store or the Portal with possible changes or by sending ready-made graphic elements to be applied to the selected base product and providing the Store with data necessary to settle the personalization service. The introduction to the agreement is the Customer’s completion of the valuation form available on the Store’s website. In the case of placing an Order via the Portal, the Customers send the information required by the form using the „Messenger” message functionality or using the appropriate form. Then the customer is informed about the availability of the product, payment methods and possible delivery options. In order to deliver the product, the Customer is obliged to provide his address details.
3. Modifications of designs offered by the Store (except for changing colors, adding a nickname, number, logotypes) may incur an additional fee.
4. After receiving all the necessary information indicated above, the Store proceeds to prepare a visualization of the finished product and to list the costs of such an Order. The waiting period for the visualization is a maximum of 5 (five) days. The store reserves that the waiting period for visualization may be extended, of which the customer will be informed immediately.
5. The store reserves that the visualizations created when creating personalized Products are for illustrative purposes only and may slightly differ in color from the final product. Differences may result, among others, from the Customer’s screen settings and the materials used. The store makes every effort to ensure that the final effect is as similar as possible to the one presented in the visualization.
6. After receiving the finished visualization together with the valuation, the Customer is obliged to carefully check the received project in terms of the included elements and compliance with the arrangements made with the Store (in particular, this applies to elements such as the starting number, subtitles and sponsors’ logos).
7. If the project is accepted along with the valuation, the Customer is obliged to transfer the amount indicated in the valuation to the Store’s bank account. The order is accepted for execution after the payment is credited, which the Customer is informed about in a separate e-mail. In the absence of payment and its posting within 7 (seven) days from sending the project to the Customer with the valuation, the Order is cancelled.
8. The Store reserves that after paying for the Order and posting the payment on the Store’s account, it is not possible to make any changes to the project.
9. Purchasing via the Portal is carried out in the same way as above, taking into account the differences in the operation of the shopping functionality within a given Portal.
10. Products delivered by the Store have the Store’s brand markings on them. The Customer has the option of placing an Order without the Store’s logos and markings placed on the Products. The above is possible for a surcharge of 20% of the total order.
11. The customer making the purchase as an entrepreneur is obliged to provide the NIP number when placing the Order, otherwise it is assumed that he is buying as a Consumer.
12. The assessment whether the Customer who is an entrepreneur entered in the CEIDG register has the status of an Entrepreneur with consumer rights is made by the Store in relation to the individual case and based on any statements of the Customer made in the course of Ordering Products.
13. If it is not possible to execute the Customer’s Order, the Store will notify the Customer of this fact within 14 (fourteen) days at the latest, counting from the date of placing the Order. In this case, the Customer has the right to decide whether he agrees to the execution of the Order in the period proposed by the Store or withdraws from the contract. If it is not possible to perform part of the Order referred to above, the Customer is informed about the status of the Order and decides on the manner of its implementation. The customer can choose between:
a) partial implementation – the Customer’s choice of this option results in the execution of the Order for only available Products;
b) canceling the entire Order (withdrawal).
In the event of withdrawal from the contract, the Store will return the amount paid to the Customer as the price. The notification will be sent to the e-mail address indicated by the Customer in the Order or registration form. If no decision is made within 7 (seven) days of notification, the Order will be canceled in the section of Products not available.

§ 4 PRICE OF PRODUCTS AND FORMS OF PAYMENT

  1. The price given for each Product is binding at the time of placing the Order by the Customer. The prices of the goods posted on the Store’s website and within the Portal include VAT (if it is charged due to the place of delivery of the Goods) and do not include delivery costs and any fees related to the individual graphic design based on the valuation.
  2. If you choose a personalized Product from outside the Store/Portal pattern offer or the Shop/Portal pattern with modifications, its creation is additionally payable and is subject to individual valuation. The price depends on the complexity of the Customer’s Order. The Customer is informed about the exact price for the Product before placing the Order. The Store informs that in the case of placing an order for more than 10 Products – creating an individual graphic design is free, both in the Store and in relation to Orders placed via the Portal.
  3. Delivery costs will be included in the Product prices depending on the ordered goods and the Customer’s choice of delivery method when placing the Order.
  4. The Seller provides the Customer with the following payment methods for Orders:
    * traditional transfer,
    * Electronic payments and card payments via the inFakt service – payment services are provided by Infakt Sp. z o. o. with its registered office in Kraków, at ul. Szlak 49, Kraków 31-153, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków – Śródmieście, 11th Commercial Division of the National Court Register under number 0000325203, with NIP number 9452121681.
  5. Some of the above payment methods may not be available on the Portals. The Portal will inform the User about the available payment methods before placing an Order.
  6. The seller does not make payments in the „cash on delivery” option.
  7. The Order will be issued within the time specified in the Order confirmation and previously accepted by the Customer. On the product page, the Store provides the expected delivery time of the Order.

 

§ 5 ORDER EXECUTION AND COMPLETION DEADLINES

  1. The goods are delivered via the DPD or UPS courier company.
  2. Order processing time may vary depending on the selected option. On the product page, the Store provides the expected delivery time of the Order. It is also given for the range of Portals. The deadline for implementation is described below in section 3 and 4.
  3. If the STANDARD execution option is selected when placing the Order, the execution time is a maximum of 20 working days from the date of posting the payment for the Order. In the case of an Order covering more than 3 softshell jackets or casual sweatshirts, the Order completion time is extended to a maximum of 30 working days.
  4. If the EXPRESS execution option is selected when placing the Order, the execution time is a maximum of 6 working days from the date of posting the payment for the Order. The cost of this implementation option results in the addition of the amount constituting 30% of the final gross price of the Order. Selection of this option for the execution of the Order requires subsequent confirmation by the Store, regardless of the place of placing the Order. If this option is not possible, the Store will inform the Customer about this fact and provide information on how long it will take to complete the Order in the STANDARD option. If the Customer agrees to the execution in the STANDARD option, then the Order is executed as above. In the absence of consent to such a change, the Customer has the right to withdraw from the purchase and receive a refund of the funds paid.
  5. The Store stipulates that the above dates refer only to the time of production and shipment of the Order and do not include the delivery time. The Customer is informed about the exact delivery time before placing the Order, both in the Store and in the Portal.

 

§ 6 COMPLAINTS

  1. The Store is obliged to release the Goods without defects.
  2. In the case of Sales Agreements concluded with Consumers and Entrepreneurs with consumer rights, the Seller is liable under the warranty. It is disabled in relation to the Client with the remaining status.
  3. In order to submit a complaint, the Store should be informed about the observed defects, documented in order to verify the reservations and possibly remove the defects without the need to return the Goods to the Store. If it is necessary to return the Goods to the Seller’s store, the Seller will inform the complainant about it within 14 days of submitting the complaint. The returned Goods must be accompanied by a document confirming the purchase of the Product in the Store with a description of the requests. A complaint can be submitted in electronic form to info@goholeshots.com, in writing to the Seller’s address or using the Portal’s functionality.
  4. If the item sold has a defect, you can submit a statement of price reduction or withdrawal from the contract, unless the Store immediately and without undue inconvenience to the advertiser replaces the defective item with a defect-free item or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the Store, or the Store has not replaced the item with a defect-free item or has not removed the defect.
  5. If the Customer is a Consumer or an Entrepreneur with consumer rights, he may, instead of removing the defect proposed by the Store, demand replacement of the item with a defect-free one, or instead of replacing the item, demand removal of the defect, unless bringing the item into compliance with the contract in the selected manner is impossible or would require excessive costs in compared to the method proposed by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the buyer would be exposed by a different method of satisfaction.
  6. The reduced price should be in such proportion to the price resulting from the contract, in which the value of the item with a defect remains to the value of the item without a defect. You cannot withdraw from the contract if the defect is insignificant.
  7. The store will immediately, but not later than within 14 days from the date of receipt of the parcel with the goods under complaint, take a position on the complaint and inform the customer about further proceedings. The Store will immediately notify the complainant about the result of considering the complaint in writing or via e-mail to the e-mail address provided in the complaint notification. If the Consumer or Entrepreneur with consumer rights does not receive the Store’s position on the complaint within the indicated period, it is assumed that the Store has accepted the complaint.
  8. The transport of the Products complained about under the warranty is carried out at the expense of the Store via the shipping form indicated by the Store. The store does not accept COD shipments. In some cases, it is not necessary to send the advertised Product, and the Seller may be satisfied with the inspection of the photos provided by the Consumer or the Entrepreneur about the consumer’s rights, which he will inform after receiving the complaint.
  9. The complaint procedure is identical for Orders composed of provided via the Store as well as orders placed via the Portal.
  10. In the event of a dispute between the Store and the Customer as to the legitimacy of the refusal to consider the complaint, the Customer who is a Consumer has the right to use out-of-court methods of dealing with complaints and pursuing claims. The client may use mediation or arbitration by submitting an appropriate form to the institution before which the proceedings will be conducted – an application for mediation or an application for consideration of the case before the arbitration court. A list of exemplary institutions with contact details is available at www.uokik.gov.pl. In addition, at https://ec.europa.eu/consumers/odr, the Consumer has access to the resolution of consumer disputes electronically using the EU Internet platform (ODR platform). Such a right is not granted or Entrepreneurs with consumer rights. In the case of foreign customers, they should find out what methods of out-of-court settlement of consumer disputes they have in their country, and the Store will, if necessary, join such a procedure.

§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

The store sells personalized products, and in accordance with art. 38 of the Act on Consumer Rights, the right of the Consumer or the Entrepreneur on the Consumer’s rights to withdraw from the contract is not due to the fact that the subject of the contract is a non-prefabricated item, manufactured according to the Customer’s specifications or serving to meet his individual needs.

§ 8 PERSONAL DATA PROTECTION

The provisions regarding the protection of Customers’ personal data by the Seller can be found in the Privacy and Cookies Policy posted on the Store’s website and available by appropriate reference in the Portal.

§ 9 COPYRIGHT

  1. The store allows customers to purchase a pattern prepared for their Order. It then also allows them to be printed on the Products purchased by Customers. At the time of payment for the visualization, the Store will transfer to the Customer all proprietary copyrights to the original visualization.
  2. By sending materials and tips to the Store in order to prepare the project and place the pattern or logo for the purpose of personalizing the Order, the Customer declares that he has full copyrights to the materials sent. He also declares that he is authorized to use the above-mentioned materials, and authorizes the Store to use these materials for the purposes of creating visualizations and subsequent execution of the Order placed by the Customer.
  3. The Store declares that it is not responsible for any legal defects in the materials sent by the Customers to be placed on the Products in connection with the personalization of their Orders.
  4. In the event of a claim against the Store by a third party resulting from infringement of copyright to any of the materials obtained from the Customer, the Customer is obliged to release the Store from the obligation to pay any benefits in this respect. In the event of a breach by the Customer of this obligation, he is obliged to return to the Store all amounts together with statutory interest paid by the Store to third parties in connection with the infringement of their copyrights to any of the materials, together with the costs of reasonable legal assistance at each stage. In the event that third parties pursue claims in court against the Store in this respect, the Customer will be obliged to join the process on the Store’s side and take all steps to release him from participation in the case.

§ 10 FINAL PROVISIONS

  1. For each Product sold by the Store, a VAT invoice or other settlement document is issued in accordance with applicable tax regulations. The VAT invoice is delivered electronically to the e-mail address provided by the Customer or in a traditional form together with the delivery of the goods. Acceptance of the Regulations also constitutes consent to the sending of invoices in electronic form.
  2. The applicable law is Polish law. Disputes arising between the Customer and the Seller will be resolved by the court competent for the seat of the Seller, with the proviso that in relation to Consumers, these disputes will be heard before the court competent according to the provisions of civil procedure. These Regulations are subject to the provisions of Polish law and will be interpreted in accordance with them. These Regulations do not limit any consumer rights to protection that the user may be entitled to in accordance with the mandatory provisions in the country of his residence.
  3. The Seller reserves the right to change the Regulations. Orders placed before the date of entry into force of amendments to these Regulations are implemented on the basis of the provisions in force on the date of placing the Order.