By placing an order with ostry-sklep.pl s you agree to the following conditions;
The following terms have the following meaning in these general terms and conditions, unless expressly indicated otherwise:
- Ostry-Sklep.pl, registered in Poland, VAT identification number: PL7181870552, acting under the name of Damian Maciejewski
- Client: the natural or legal person who enters into an Agreement with Ostry-Sklep.pl and/or who orders products from Ostry-Sklep.pl through its website Ostry-Sklep.pl;
- Products: Ostry-Sklep.pl
- Parties: Ostry-Sklep.pl “we” or “us” and Client “you” or “your” jointly;
- Agreement: an arrangement or agreement between Ostry-Sklep.pl and Client, regarding the supply of the Products;
- General Terms and Conditions: the entirety of the provisions as included in the following;
- Intellectual property rights: The ownership of, and all rights to industrial and intellectual property, including trademarks, trade names, domain names, copyright, rights to drawings and/or design rest with Ostry-Sklep.pl.
1.1 These General Terms and Conditions apply to each special offer, agreement, delivery by and/or payment to Ostry-Sklep.pl, unless otherwise expressly agreed otherwise in writing.
1.2 When placing an order, the client explicitly accepts these terms and conditions.
1.3 The client cannot derive any rights from any agreed deviations agreed for future orders. We may modify the terms and conditions from time to time. Please read the terms and conditions and check back often. If you do not agree to any change to the terms and conditions then you must immediately stop using the Site.
2. Eligibility to purchase and Registration
2.1 In order to make purchases on the Site the Client will be required to provide their personal details. In particular, the Client must provide their real name, phone number, e-mail address and other requested information as indicated. The Client is required to provide information that is true, accurate, current, and complete in all respects. Should any of the Clients registration information change, please notify Ostry-Sklep.pl immediately at the following e-mail email@example.com Furthermore, the Client will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
2.2 The Client expressly authorise Ostry-Sklep.pl to perform credit checks and where we feels necessary, to transmit or to obtain information about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate the credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.
3. Order and Delivery
3.1 Ostry-Sklep.plShoes is free to refuse an order without stating a reason. All orders are subject to acceptance and availability, and items in Client’s shopping basket are not reserved and may be purchased by other clients.
3.2 Ostry-Sklep.pl confirms orders placed online by email, stating the products ordered as well as acknowledging the details of the order.
3.3 In the event that the Client orders more than one Product, Ostry-Sklep.pl is permitted to deliver the products in parts and to demand payment for each, partial delivery.
3.4 Ostry-Sklep.pl insures each purchase during the time it is in transit until it is delivered to Clients specified delivery address.Ostry-Sklep.pl require a signature for any goods delivered, at which point responsibility for Clients purchased goods passes to the Client. If the Client have specified a recipient who is not the Client for delivery purposes (for example as a gift) then the Client accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by Ostry-Sklep.pl, and transfer of responsibility in the same way. The Products will be delivered to the address provided by the Client.
3.5 The delivery time will amount in any event to no more than 30 days, unless otherwise expressly agreed, such as Pre-order. If the delivery date exceeds the maximum delivery period of 30 days, then the client has the option to terminate the agreement. No fees are attached to this. If payments have already been made for the items concerned, then Ostry-Sklep.pl will repay these payments to the Client as soon as possible and in any event within 14 days from the termination. Ostry-Sklep.pl is not responsible for any delays caused by destination customs clearance processes.
4. Special Offers
4.1 All special offers by Ostry-Sklep.pl are valid while stocks last. The Client cannot derive any rights from the special offers made by Ostry-Sklep.pl.
4.2 Ostry-Sklep.pl cannot be bound to its special offers if the Client could reasonably have understood that the special offer contains an apparent mistake or typographical error.
5. Formation of the agreement
The agreement comes into effect at the time of acceptance by the Client of the offer made by Ostry-Sklep.pl and the fulfilment of the conditions set out thereby.
6. Prices and Fees
6.1 All prices on the website are in EUR and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.
6.2 Ostry-Sklep.pl is entitled to amend the prices and further conditions as long as the agreement has not yet been concluded. Product prices are set at the beginning of each season using existing currency exchange rates.
6.3 All prices on the Website, in Brochures or communicated in any other way are subject to errors. Ostry-Sklep.pl Shoes will not be bound by these errors.
6.4 Clients purchasing from a country served as Delivery Duty Paid (DDP) will incur relevant import duty and tax. These costs are included in the final purchase price.
6.5 Clients purchasing from a country served a non-European country and therefore Delivery Duty Unpaid (DDU) will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from our shipper and are the responsibility of the Client. We recommend you to contact your local customs authority to determine a landed cost price prior to purchase completion. Clients whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day clients card issuer processes the transaction.
7.1 The items will be paid by PayPal. Ostry-Sklep.pl nonetheless retains the right to exclude at any time certain methods of payment, based on the results of a credit rating check.
7.2 Ostry-Sklep.pl requires advance payment of the Products, unless otherwise expressly agreed in writing. Payment will be debited and cleared from your account upon dispatch of your order byOstry-Sklep.pl.
7.3 You confirm that the credit/ debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/ debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment to Ostry-Sklep.pl, we will not be liable for any delay or non-delivery.
7.4 All transactions on this website are processed using Paypal, a secure online payment platform. We do not store your credit/debit card details on our systems.
7.5 Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
8. Retention of title
8.1 All Products delivered by Ostry-Sklep.pls remain the property of Ostry-Sklep.pl until the Client has made the payment in full for the total amount agreed.
8.2 All Products supplied, that pursuant to subsection 1 fall under the retention of title, may not be resold and may never be used as a means of payment. Client is not entitled to pledge the Products falling under the retention of title or to charge them in any other manner.
8.3 Client is always to do all that can be reasonably expected of him to secure the ownership rights of Ostry-Sklep.pl
9. Right of withdrawal
9.1 Client can return all Products to Ostry-Sklep.pl without stating reasons within 14 days from receipt of the Products. To administer your right to cancel your order, you have to inform us written notice within 14 days of receipt, by sending us an explicit declaration stating that you are repealing your agreement of purchase by sending us an email to: firstname.lastname@example.org. The agreement is thereby terminated.
9.2 Please note: The costs of the return consignment are on the account of the Client, except for the Netherlands where shipping costs (for the initial order as well as for any returns) will be on the account of Ostry-Sklep.pl. Client will receive a credit invoice for the Products returned including the shipping cost.
9.3 Client is only allowed to unwrap or use the product to such an extent as is necessary to evaluate whether she wishes to keep the product. Client has to handle the Products and packaging materials carefully during this time. The Products must be returned within 14 days in their original packaging and with their original labels.
9.4 If a decrease in value occurs due to damage to the Products, Ostry-Sklep.pl retains the right to demand a reasonable payment from the Client.
9.5 If the Products are returned in time, unused and undamaged, Ostry-Sklep.pl will return the payments to the Client as soon as possible and in any event within 30 days from receipt of the Products. The payment method which was used to make the transaction will also be used for the reimbursement. You will not be charged any fees for the reimbursement.
9.6 Ostry-Sklep.pl does not accept any liability for any damage to, theft or loss of the product or the packaging which arises during the return.
10. Return and Exchange policy
10.1 The Client need to email email@example.com if the Client wish to return an item, stating the reason for return within 14 days of receiving the goods. Clearly explain why you would like to return the item(s) and if an item is faulty, please provide us with full details & images where necessary.
10.2 Ostry-Sklep.pl will bear the cost of returning the goods for orders send to and from the Netherlands.
10.3 The Client need to return the entire order to Ostry-Sklep.pl by secure means to ensure it reaches Ostry-Sklep.pl in good condition. We recommend that you return the goods to Ostry-Sklep.pl by track-able means and insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending.
10.4 The address to return the goods is: Ostry-Sklep.pl, Studencka 72A, 02-735 Warsaw, POLAND without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.
10.5 Goods are faulty if they are damaged when the Client receives them or if a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.
10.6 If the goods are faulty, Ostry-Sklep.pl will refund the Client in full and will pay for shipping costs for orders send to and from The Netherlands.
10.7 If the Client is returning the item for an exchange, please state this on the email to us within 14 days of receiving the goods. Please be aware that we can only replace it for the same product, subject to availability. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.
10.8 Items are to be returned unused. Returns that are damaged or soiled will not be accepted and will be sent back to the Client and/or a refused a refund.
10.9 Ostry-Sklep.pl shoes advises that tax and duties are not refundable to NON-EU customers wishing to return items.
10.10 All packaging such as boxes, dust bags and extra heeltips should be included with your return. Please email firstname.lastname@example.org any of your purchases have been delivered without Ostry-Sklep.pl packaging and/or extra heeltips and for the luxury packaging the dust bags. All items must be returned unused and in their original condition, from the original delivery country.
11. Age limit
12. Protection of personal data
12.1 Ostry-Sklep.pl treats all personal information it receives from the Client as personal and confidential. We will only use the personal data for the execution of the agreement and the payment and delivery of the Products. We are also permitted to use the personal data for its own promotional activities, such as newsletters. If the Client does not wish to receive unsolicited advertising, they can unsubscribe and object to further use of the personal data for commercial communications by informing Ostry-Sklep.pl of this by sending us an email to: email@example.com. The option to unsubscribe is also offered to you in every relevant email from Ostry-Sklep.pl.
12.2 Ostry-Sklep.pl retains the right to analyse the information provided by you and to offer an alternative method of payment on the basis of the information acquired.
12.3 All personal data of the Client will be treated with strict confidentiality and strict adherence to the statutory regulations with regard to the protection of personal data and privacy. We will not divulge the personal data of the Client to third parties except those parties involved in the payment and dispatch of the Products.
13. Complaint procedure
13.1 Complaints regarding the supplied Products must be reported to Ostry-Sklep.pl immediately, and no later than 14 days following receipt. Complaints must be fully and clearly described and submitted after the defects have been ascertained. We will not take any complaints under consideration that have been submitted after 14 days and any claim to any compensation for damage or repair will lapse. We advises the Client to check the Product on receipt.
13.2 The fact that the product shows defects never gives the Client the right to suspend payment or to setoff the invoice amount owed against other products supplied to the Client.
13.3 Ostry-Sklep.pl has a complaints procedure available. Client may report a complaint through firstname.lastname@example.org or through a letter to LOstry-Sklep.pl in order to solve any complaints in consultation with the Client, whereby a win-win situation is realised for both parties.
14.1 If Ostry-Sklep.pl were to be liable in any way, then this liability is limited to that which is arranged in this provision.
14.2 In all cases, liability on the part ofOstry-Sklep.pl due to attributable failure in the fulfilment of the agreement only arises if the Client informs Ostry-Sklep.plof this through an immediate and proper notice of default that sets a reasonable period for rectification of the failure to perform and Ostry-Sklep.plcontinues the attributable failure to perform its obligations also after this period. The notice of default must contain a description of the failure to perform in as much detail as possible, so as to provide Ostry-Sklep.pl with the opportunity to respond adequately.
14.3 Ostry-Sklep.pl is exclusively liable toward the Client for direct damages, including damage that is the direct result of foreseeable and avoidable shortcomings and that can be attributed toOstry-Sklep.pl which are directly related to the production and delivery of the Products.
14.4 Ostry-Sklep.pl is never liable for consequential damage, including consequential loss, lost profits, missed savings and damage resulting from direct trading losses- and other kinds of loss.
14.5 The liability of Ostry-Sklep.pl for attributable shortcomings in the fulfilment of obligations is always limited to the maximum amount of the purchase price of the Product(s) concerned.
14.6 A condition for the coming into existence of any right to compensation of damages is the immediate, written notification of the damages to Ostry-Sklep.plby the Client, and no later than 14 days after the damage has occurred. An obligation to pay compensation of damages on whatsoever basis is limited at all times to the price of the product. In the event of force majeure,Ostry-Sklep.pl cannot be liable for any compensation of the damage arisen.
The Client indemnifies Ostry-Sklep.pl against any claims by third parties, who suffer damage in connection with the execution of the agreement and the cause of which is attributable to another than Ostry-Sklep.pl
16. Transfer of risks
The risk of theft, loss, damage or decreased value of the Products is transferred to the Client at the time on which the Products are transferred to the control of the Client.
17. Force Majeure
17.1 Ostry-Sklep.pl is not obligated to fulfil any obligations toward the client if he is hindered in this as a result of a circumstance that cannot be attributed to fault nor attributed to him by operation of law or a legal act or by generally accepted practice. Ostry-Sklep.pl can suspend the obligations under the agreement during the period of time that force majeure continues. If this period lasts longer than two months, then Client as well as Ostry-Sklep.pl is entitled to terminate the agreement, without obligation to compensate damage to the Client, without prejudice to subsection 3. The obligations of Ostry-Sklep.pl are suspended in the event of force majeure.
17.2 Force Majeure includes in these general terms and conditions, in addition to that which is included with regard thereto by law and jurisprudence, all external causes, foreseeable or not foreseeable, over which Ostry-Sklep.plcannot exercise control, but which leave Ostry-Sklep.pl unable to fulfil its obligations. Ostry-Sklep.pl also has the right to rely on force majeure if the circumstance that hinders (further) fulfilment of the agreement occurs after Ostry-Sklep.pl should have fulfilled its obligations. There is Force Majeure amongst others in the event of interruptions of the transport and import and export prohibitions.
17.3 If payments have already been made by the Client, Ostry-Sklep.pl will repay these payments as soon as possible and in any event no later than 14 days after the termination. If Ostry-Sklep.pl, at the time of the occurrence of force majeure, has already fulfilled part of its obligations or will be able to fulfil these and an independent value is accorded to the fulfilled, or to be fulfilled part, Ostry-Sklep.pl is entitled to invoice separately for those obligations already fulfilled or the to be fulfilled part. The Other party is obligated to pay this invoice as if it were a separate agreement.
18.1 The Products to be supplied by Ostry-Sklep.pl fulfil the usual requirements and standards that can reasonably be set thereto at the time of delivery and for which they are intended for normal use in Europe. The guarantee mentioned in this article is applicable to Products intended for use within Europe. For use outside Europe the Client must personally verify that it is suitable for use there and whether it meets the conditions set there.
18.2 Client is only entitled to any other guarantee if this has been expressly agreed in writing.
19. Applicable law and disputes
19.1 Dutch law is exclusively applicable to all legal relationships Ostry-Sklep.pl is a party to, also if an agreement is wholly or in part executed abroad or if the party involved in the legal relationship resides abroad.
19.2 The court in the place of business of Ostry-Sklep.pl has exclusive jurisdiction to take cognisance of disputes, unless mandatory legal provisions determine otherwise. Nevertheless,Ostry-Sklep.pl has the right to submit the dispute to the court with jurisdiction in accordance with the law.
19.3 Parties will only apply to the court after exhaustive endeavours on their part to resolve the dispute in mutual consultation.
21.2 If the Client has a complaint, Ostry-Sklep.pl will contact the Client within 14 working days from the receipt of the complaint.
21.3 Ostry-Sklep.pl apologise for any inconvenience that may be caused, but we cannot always offer the exact described product at the specified price, if errors and / or omissions are present. In the event of human error or malfunction in the technology, the prices on the site do not commit us to sale. Our systems do accept credit card details at point of order however the card is only charged at point of sale.
21.4 While, every care is taken to ensure that all information on this website is correct, there may still be errors on this website. If you find an error or omission please let us know and we will correct it as soon as possible after verification.
21.5 Ostry-Sklep.pl may at any time modify any relevant terms and conditions, policies or notices. The Client acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.