INTERNET SHOP TERMS AND CONDITIONS

www.watches4u.pl

These Terms and Conditions set out the principles for placing orders and selling products via the Internet Shop available at: www.watches4u.pl, operated by Intercom Marcin Masier with its head office in Kraków, ul. Makuszyńskiego 22, unit U1, 31-752 Kraków, NIP (tax identification number): 678-281-03-99, REGON (Business Identification Number): 356524138, e-mail address: watch@watches4u.pl, telephone number: 500-373-161, bank account number: 83 1090 1665 0000 0001 2145 9792.

§ 1

An Agreement may only be concluded subject to the terms set out in these Terms and Conditions.

§ 2

Definitions

Capitalised terms used in the present Terms and Conditions shall be understood as below:

1) Working Days – days other than a Saturday or a work-free-day.

2) Password – a unique sequence of characters (digits or letters) chosen by the Customer, which the Customer enters into the Website for the purpose of confirming their identity; the Password is confidential, and the Customer should keep it secret.

3) Customer – a natural person, a legal person or an organisational unit without legal personality, which is endowed by law with legal capacity and ability to perform legal acts, who concluded a sale Agreement for Products with the Seller via the Internet Shop.

4) Consumer – a Customer who is a natural person concluding an Agreement not directly associated with their economic or professional activity, or a natural person concluding an Agreement directly associated with their economic activity, when the content of the Agreement indicates that it is not business related for that Customer, resulting in particular from the subject of their economic activity, made available on the basis of the provisions on the Central Registration and Information on Business.

5) Customer Account – means the individual administration panel of the Customer created on the Website containing the Customer's data (name, surname, address and e-mail address).

6) Product Delivery Costs – shall mean the costs incurred for the purpose of delivering the Product to the Customer in accordance with the Customer's order.

7) Cart – an element of the Internet Shop, with the help of which the Customer determines the content of the placed order.

8) Amount Due – the total amount that the Customer is obliged to pay to the Seller for the purchase and delivery of Products.

9) Newsletter – a service provided electronically, consisting of sending commercial information on its own products to Service Recipients.

10) Products – items which the Seller invites the Customer to buy, within the framework of the Internet Shop.

11) Terms and Conditions – these Terms and Conditions.

12) Registration – the process of setting up a Customer Account on the Website.

13) Showroom – a Seller's traditional shop where Products can be purchased, including Products previously reserved at a selected Showroom via the Internet Shop.

14) Website – the website at www.watches4u.pl.

15) Internet Shop – a shop operating on the Website at www.watches4u.pl, run by the Seller, enabling the conclusion of Agreements via the Internet.

16) Seller – Intercom Marcin Masier with its head office in Kraków, ul. Makuszyńskiego 22 unit 1, 31-752 Kraków.

17) Order Processing – sequence of activities undertaken by the Seller in the performance of the Agreement, ending with the transfer of Products to an entity responsible for delivering them to the Customer.

18) Agreement – a sale agreement for Products concluded between the Customer and the Seller via the Internet Shop.

§ 3

Registering on the Website

In order to register on the Website, the Registration form available in the relevant tab of the Website has to be completed correctly.

Registration begins with the Customer determining the Customer Account Password and ends when the Website verifies the e-mail address provided by the Customer using an appropriate notification.

To register, the Customer is required to provide the following data:

a) First name

b) Surname

c) Address (street name, street number, flat number, post code, town, country)

d) E-mail address

e) Password

f) Confirmed password

In addition to the data indicated in paragraph 3 above, a Customer who is not a Consumer within the meaning of Article 221 of the Civil Code is required to provide:

a) Company name

b) NIP (tax identification number)

The Seller reserves the right to carry out additional verification of the Customer's data in justified cases, e.g., by instigating telephone contact.

The Customer may make purchases from the Internet Shop without registering, however, in such a case they forego creating a Customer Account and forfeit the functions associated with it.

Following successful Registration, an activation link will be sent to the e-mail address provided by the Customer. Clicking on the activation link completes the Customer's Registration process, confirms the accuracy of data provided on the Registration form and constitutes conclusion of an agreement for the provision of electronic services between the Customer and the Seller.

The Customer has the right to terminate the agreement for the provision of electronic services at any time.

§ 4

Technical requirements

In order to use the Website correctly, the following minimum technical requirements are necessary:

a) personal computer;

or

mobile telephone, tablet or smartphone,

b) Internet access;

c) updated versions of Firefox, Chrome, Safari or Microsoft Edge web browser;

d) active e-mail account.

The www.watches4u.pl website uses cookies. For the website to function correctly, cookies should be enabled. Please see the Privacy Policy for detailed information on the purpose of storing and accessing information by means of cookies, as well as a possibility for the Customer to specify the conditions for storing or accessing the information contained in cookies by means of settings of the software installed in the terminal device used by the Customer or configuration of the website.

Before registering or placing an order without Registration, the Customer should confirm that they have read the Terms and Conditions.

§ 5

Ordering

Product information published on the Website constitutes an invitation to make an offer within the meaning of Article 71 of the Civil Code and does not constitute an offer within the meaning of Article 66 of the Civil Code.

Orders in the Internet Shop may be placed without registering or setting up an account. Customers have an option to place orders in the Internet Shop without prior Registration after completing the relevant order form.

Orders in the Internet Shop can be placed 24 hours a day, 7 days a week via the www.watches4u.pl website. Orders are only processed on Working Days.

The shop trades within the territory of Poland. It is possible to sell Products outside of Poland. In such circumstances the delivery cost is calculated individually for each order after the delivery price is agreed with the Customer by e-mail or telephone.

To place an order, the Customer should add a Product they are interested in purchasing to the Cart. Adding a Product to the Cart is not tantamount to placing an order.

The following Product categories are available:

1) Men’s watches

2) Women’s watches

3) Vintage watches

4) Accessories

Customers can manage ordered Products in the Cart tab by viewing them, adding or removing them from the Cart and recalculating the Amount Due.

To place an order, add your chosen Products to the Cart, select a delivery option and payment method, then click "Order and pay" and follow further instructions from the Seller.

A Customer may place an order by logging in to their Customer Account or, if ordering without registering, by providing data necessary for the Seller to process the order on the order form.

An Agreement will be concluded as soon as the Seller's return message confirming the receipt and content of the Customer’s order is sent to the Customer to the e-mail address provided by the Customer when ordering.

Together with the message referred to in paragraph 9 above, the Customer will also receive information referred to in Article 12(1) of the Consumer Rights Act of 30 May 2014.

The ordered Product shall be delivered to the Customer's address indicated during Registration or on the order form. The Customer may also choose a different delivery address for the Product or collect the ordered Product in a Showroom.

When ordering the Customer may additionally provide data required for a VAT margin scheme invoice if such an invoice is required. We do not issue general VAT invoices for pre-owned watches.

§ 6

Changes to the Agreement

The Customer may make changes to an order until the Seller sends an e-mail confirming that the ordered Products have been dispatched.

It is not possible to make changes and in particular to cancel an order for a Product that has already been sent to the Customer. The above provision does not apply for Products collected from the Seller's shop. In such circumstances the Customer may cancel a purchase before the Product is collected.

§ 7

Products

We sell new and pre-owned products. The condition is displayed on each product sheet.

You can browse each Product before making a purchase. For Product information see the Product tab. Should that information prove insufficient, additional information can be obtained by emailing watch@watches4u.pl or calling 500 373 161.

Product images are for reference only. The Products shown therein may differ slightly from the Products available for sale.

The Seller shall make every effort to ensure that all Products can be dispatched within the specified date.

The Seller reserves the right to amend the Product catalogue.

§ 8

Prices

All Product prices are shown in Polish zloty.

The prices shown next to the presented Products at the time of ordering are binding and final.

The Seller reserves the right to change the prices of the presented Products, to announce and cancel special offers.

The following forms of payment are acceptable for paying the price of the ordered Products:

a) payment by postal order or bank transfer to the Seller's bank account

b) the online payment service is provided by Przelewy24

d) cash on collection – in person at the selected Showroom

The Customer purchases Products together with the delivery service at the prices and delivery costs applicable at the time of ordering.

The Seller reserves the right to change prices and delivery costs, in particular in the event of delivery service providers changing their prices. This provision does not apply to orders already being processed.

The Buyer may choose a method of payment for Products ordered in the Shop.

If a form of payment described in subsections "a" or "b" of section 4 is chosen, failure to pay for the ordered Product within 3 days from the day of placing the order shall result in the order being cancelled.

The current prices and delivery costs are shown on a page of the Internet Shop and are also displayed in Cart view.

§ 9

Order Processing

Orders placed on Working Days after midday, and on Saturdays and work-free-days shall be processed on the next Working Day.

The Agreement concluded through the Internet Shop shall be deemed to have been executed on the date the Customer receives their consignment.

If an Agreement is concluded in a Showroom, following a prior reservation of a Product via the Internet Shop, the day of conclusion and the day of performance of the Agreement shall be the day on which the Buyer collects the Product from the Showroom.

Delivery is made to the address indicated by the Buyer when ordering.

A receipt or, on request, a VAT margin scheme invoice is issued with every order.

Ordered Products are delivered by the Polish Post.

A delivery attempt notice shall be left if the Buyer is not present. In some cases, after an unsuccessful delivery attempt, parcels are forwarded to the Polish Postal Service's collection point closest to the Buyer.

The expected delivery time for domestic shipments to the Buyer is 3 Working Days from the day they are posted. Overseas shipments shall be delivered by POCZTEX and should arrive within 14 Working Days of dispatch.

If the Seller cannot perform a service due to the fact that the Product is not currently available, the Seller shall notify the Buyer immediately, but no later than within 3 Working Days of the conclusion of the Agreement. The Buyer shall then decide how to proceed with the order they placed.

The expected Processing time is indicated next to the respective Product and applies to shipments within Poland. If the Customer chooses to pay by bank transfer or payment card, the Order Processing time is calculated from the date on which the Seller's bank account or settlement account is credited.

The Seller recommends for Consumers to check, as far as possible, the condition of the Product upon delivery and, in the event of defects, to draw up an appropriate report in the presence of a representative of the delivery service provider. In such situations, the Consumer is advised to contact the Seller as soon as possible by telephone at 500 373 161 or by e-mail: watch@watches4u.pl.

A Buyer, who is not a Consumer, is obliged to check the condition of the Product upon delivery and in the presence of a representative of the delivery service provider (e.g., courier, postman). If the parcel suffered mechanical damage during transport, the Customer should draft a damage report and immediately contact the Seller by phone: 500 373 161 or by e-mail: watch@watches4u.pl.

§ 10

Right of withdrawal

Pursuant to the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827), a Consumer may withdraw from a Sales Agreement without stating a reason by submitting a declaration of withdrawal to the Seller. Such a declaration may be submitted on the form attached as Appendix 1 to the Terms and Conditions. Appendix 1 - Withdrawing from the Agreement <link to form>.

Withdrawal from the Agreement may take place within a maximum period of 14 days, counting from the day on which the buyer or a third party other than the carrier designated by the buyer takes possession of the subject of the Agreement. If the declaration is sent before the expiry of the time limit by any remote communication channel, including but not limited to the following, then the deadline for withdrawing from an Agreement shall be deemed to have been met:

a) by e-mail, to watch@watches4u.pl,

b) in writing to: watches4u 31-752 Kraków, ul Makuszyńskiego 22/U1.

The Seller shall immediately send the Consumer an acknowledgement of receipt of the declaration of intent to withdraw from the Agreement to the e-mail address provided by the Consumer.

The Consumer is entitled to withdraw from the Agreement without incurring any costs, except:

a) additional costs incurred by the Consumer in respect of their choice of a delivery method for the Product other than the cheapest, standard method of delivery offered by the Seller and

b) direct costs of returning the Product (shipping costs),

c) costs of returning the goods if, by their nature, the goods cannot be returned by standard post.

If the Consumer exercises their right of withdrawal from the Agreement, the Consumer shall return the product issued to them without delay, but no later than within 14 days from the day on which they withdrew from the Agreement. Product should be sent back to watches4u 31-620 Kraków os. Bohaterów Września 82.

The Buyer does not have the right to withdraw from a concluded Agreement in cases specified in Article 38 of the Consumer Rights Act, and in particular when the Product is a non-prefabricated item, produced to the Consumer's specifications or serving to meet the Consumer's individualised needs.

The Consumer shall be liable for any decreases in the value of a Product as a result of the use thereof in a manner exceeding that necessary to determine the nature, properties and functioning of the Product.

The Consumer shall bear the direct costs of returning the Product, taking care to choose a shipment method in which the Product reaches the Seller in an undamaged condition.

The Seller shall, no later than 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, refund to the Consumer all payments made by the Consumer, including the costs of delivery of the item. The Seller shall refund the payment using the same payment method as was used by the Consumer.

Where payment has been made using a payment card, the Seller will make a refund to the bank account assigned to the Purchaser's card.

The Seller may refrain from refunding payments received from the Consumer until such time as the purchased Products are returned, or the Consumer provides proof of their shipment.

The Seller shall not accept "cash-on-delivery" packages.

§ 11

Complaints and returns

For Agreements concluded with Consumers, the Seller shall be liable to the Consumer under the terms of Article 556 et seq. of the Civil Code for physical or legal defects (implied warranty for defects).

The Seller shall be liable under implied warranty if a physical defect is discovered before the expiry of two years from the time the item is handed over to the Consumer and, if the object of the sale is a used item, before the expiry of one year from the time the item is handed over to the Consumer.

The Consumer's claim for rectification of a defect or replacement of a sold item with a defect-free item shall expire one year from the date on which the defect was discovered, but not before two years have passed from the time the item was handed over to the Consumer, and if the object of sale is a used item not before one year has passed from the time the item was handed over to the Consumer.

For Agreements concluded with a Consumer, if a physical defect is discovered before the expiry of one year from the delivery of the item, the defect shall be deemed to have existed at the time when the danger passed to the Consumer.

Physical defect entails non-compliance of the sold item with the Agreement. In particular the sold item is not in accordance with the Agreement if:

a) does not have the properties which such an item ought to have considering the purpose specified in the Agreement or resulting from circumstances or designation;

b) does not have properties the existence of which was communicated to the Buyer by the Seller, including by presenting a sample or a template;

c) it is not fit for the purpose which the Buyer communicated to the Seller at the time of concluding the Agreement, and the Seller did not object to such a purpose;

d) was provided to the Buyer incomplete.

If the Product is found to have a defect, the Consumer may:

a) submit a price reduction request;

b) submit a declaration on withdrawing from the Agreement;

c) demand the product to be replaced with one free of defects;

d) demand the defect to be the rectified.

The Customer may not withdraw from the Agreement if the defect is minor.

A Consumer exercising their implied warranty rights is obliged to deliver the faulty item at the Seller's expense to: watches4u 31-752 Kraków, ul. Makuszyńskiego 22/U1.

The Seller recommends that a description of the Product's non-conformity with the Agreement be included to facilitate the complaint process.

The Seller shall respond to the Consumer's request within 14 (fourteen) calendar days. Otherwise, the Seller shall be deemed to have acknowledged the Consumer's declaration or demand as justified.

If the Consumer is demanding according to para. 5 letter a or b, the Seller may replace the defective item with a defect-free one or remove the defect, provided that this will be done immediately and without undue inconvenience for the Consumer.

If, however, the item has already been replaced or repaired by the Seller, or the Seller has failed to comply with their obligation to replace the item with a defect-free item or to remove the defect, they shall not be entitled to replace the item or remove the defect.

The Consumer may, instead of rectification of the defect proposed by the Seller, demand a replacement of the item with a defect-free item or, instead of the replacement, demand a rectification of the defect, unless bringing the item to conformity with the Agreement in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller, while assessing the excessive costs, the value of a defect-free item, as well as type and significance of the defect are taken into account. Attention is also paid to the inconvenience to which the Consumer would be exposed if the claim was satisfied in a different manner.

The Seller may refuse to satisfy the Consumer's demand if bringing the defective item into conformity with the Agreement in the manner chosen by the Consumer is impossible or, in comparison with the other possible manner of bringing the item into conformity with the Agreement, requires unreasonable costs.

In the event of a price discount, the discounted price shall be in such proportion to the Agreement price as the value of the item with the defect remains to the value of the item without the defect.

The Seller is obliged to replace the defective item with a defect-free one or to remove the defect within a reasonable time without undue inconvenience for the Consumer.

For Agreements concluded with Customers who are not also Consumers, the Seller's liability under implied warranty for defects is excluded pursuant to Article 558 § 1 of the Civil Code.

The Seller informs the Customer, who is a Consumer within the meaning of Article 221 of the Civil Code, about the possibility of using out-of-court ways of dealing with complaints about the Products, inter alia, by submitting an application for mediation or an application for consideration of the case before an arbitration court by the Customer at the end of the complaint procedure (the application can be downloaded at http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. Out-of-court settlements of claims after the complaint has been processed is free of charge. In the case of a Consumer Customer wishing to use an out-of-court means of redress, it is additionally possible to submit a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/ in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for Consumer disputes and amending Regulation (EC) No 2006/2004 AND DIRECTIVE 2009/22/EC (Regulation on ODR in Consumer disputes).

§ 12

Personal data and Newsletter

The Seller is the controller of Customers' personal data provided to the Seller as part of the Registration for the purpose of performing the Agreement and within the framework of the Seller's provision of electronic services or for statistical purposes.

Personal data shall be processed by the Seller only on the basis of an authorisation to process data and only for the purpose of carrying out orders or services provided electronically by the Seller and other purposes expressly stated in the Terms and Conditions.

The personal data provided to the Seller is provided voluntarily, with the proviso, however, that failure to provide the data specified in the Terms and Conditions during the Registration process makes it impossible to register and set up a Customer Account and prevents the Customer's order from being placed and processed and the Agreement from being concluded.

A Customer may agree to receive advertising and commercial information from the Seller, including by means of electronic communication.

Anyone who provides the Seller with their personal data has the right to access, rectify and erase their personal data (right to be forgotten), subject to paragraph 7 below, as well as the right to restrict processing, the right to data portability, the right to object, the right not to be profiled.

The Seller shall ensure that the personal data can be deleted from the stored data, in particular if the Customer Account is deleted. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or has violated applicable laws and the retention of personal data is necessary to clarify these circumstances and establish the Customer's liability.

The Seller secures the personal data provided to it and makes every effort to protect it from unauthorised access or use. The collected Customers' personal data is treated as a separate database, stored on the Seller's server, in a special safe zone, ensuring adequate protection.

The Seller shall not pass on, sell or lend the collected personal data of the Customers to other persons or institutions, except with the express consent or at the request of the Customer, in accordance with applicable laws or at the request of a court, prosecutor's office, police or other authorised body, in the event of a violation of the law by the Customers.

The Seller reserves the right to disclose to companies and websites cooperating with the Seller aggregate, general statistical compilations regarding Customers. Such compilations relate to Website traffic and do not contain personal data of the Customers.

The Customer has the option of having information sent in the form of a Newsletter to an e-mail address provided by the Customer. By subscribing to the Newsletter, the Customer simultaneously assures that they are authorised to use the e-mail address to which the information is to be sent.

The Customer is entitled to unsubscribe from the Newsletter at any time.

See the Privacy Policy for detailed information on the principles of processing and protection of personal data provided by Customers.

§ 13

Miscellaneous provisions

The content of these Terms and Conditions may be amended after Customers have been informed of the scope of the envisaged changes no later than 14 days prior to the changes becoming effective.

Orders placed under a previous version of the Terms and Conditions will be fulfilled in accordance with the provisions in effect previously. If the Customer does not consent to the changes to the Terms and Conditions, they may delete their Account.

Any disputes arising between the Seller and the Customer, who is a Consumer within the meaning of Article 221 of the Civil Code, shall be resolved by a common court of competent jurisdiction in accordance with the provisions of the Civil Procedure Code.

Any disputes arising between the Seller and the Customer, who is not a Consumer within the meaning of Article 221 of the Civil Code, shall be resolved by a common court of competent jurisdiction over the Seller’s head address.

Customers can contact the Seller as follows:

a) by telephone: 500 373 161

b) by e-mail: watch@watches4u.pl

c) in writing to: watches4u 31-752 Kraków, ul Makuszyńskiego 22 unit U1

Buyers may gain access to the present Terms and Conditions at any time and free of charge via an Internet link located on the home page of the Internet Shop: www.watches4u.pl.

The name of the www.watches4u.pl Internet Shop and all materials contained therein are subject to copyright and legal protection. Their use and distribution without the consent of the Shop owner is prohibited.

The present T&C are valid from 1 January 2021.