Terms and Conditions
1. Scope
The following terms and conditions apply to all orders placed via our online shop by consumers or traders.
Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
Trader means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
These terms also apply to traders for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any trader.
2. Contractual partner, formation of contract
The purchase contract is concluded with Pakker Trousers Sp. z o.o.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, Saving of the contract text
The language available for concluding the contract is English.
We save the text of the contract and forward the order data and our T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.
4. Delivery conditions
We only dispatch goods en route; pick up by the customer is not possible. We do not deliver to post boxes.
5. Payment
The following payment methods are available in our online store:
* Electronic payments (e-payments) via the internet payment service.
Available payment methods: Bank transfer, BLIK, Payment cards: * Visa * Visa Electron * Mastercard * MasterCard Electronic * Maestro ”.
Detailed information on possible methods of payment, including online payment services integrated with our store and available types of e-payments as well as any additional costs, are presented when placing the order and on our store’s website in a special information tab on payment methods.
6. eReceipts and Processing of Personal Data in the Scope of eReceipts
In our online store, customers have the option of receiving eReceipts. An eReceipt is a fiscal document in electronic form, compliant with the Act on Goods and Services Tax of March 11, 2004, the Regulation of the Polish Minister of Finance on cash registers, and the Regulation of the Polish Minister of Development and Technology on the criteria and technical conditions that cash registers must meet.
Consent for eReceipt: To receive an eReceipt, the Customer must consent to its issuance and the method of its delivery by accepting the terms and conditions of our store. The consent to receive an eReceipt is voluntary but necessary for its issuance.
Issuance of eReceipt: The eReceipt is issued to the Customer through the system and repository of electronic fiscal receipts eparagony.pl (Spark). The issuance occurs through the effective registration of the document in the repository, which the Customer can view through a unique hyperlink sent to the email address provided at the time of the order.
Access to eReceipt: In case of any issues accessing the eReceipt, the Customer should check their SPAM folder and contact the store’s customer service.
Notification about the eReceipt: The Seller may send the Customer a one-time SMS notification about the issuance of the eReceipt, provided that the Customer has given their phone number at the time of placing the order.
The contact details of the Customer may be processed by the service provider for the purposes specified above, which is necessary for the performance of the contract for the eReceipt service. The Customer has the right to access their data, rectify, delete, or restrict processing, and the right to object to processing, as well as the right to data portability.
In order to provide the eReceipt service, in accordance with Article 6(1)(b) of the GDPR, we may share the Customer’s contact information, such as phone number and email address, with the entity providing IT support for issuing, maintaining, and providing access to eReceipts. Sharing this data enables:
a. Verification whether a given phone number or email address has been registered in the proprietary products of the service provider. In case of positive verification, it allows providing the Customer with a view of eReceipts and additional information resulting from the issuing process.
b. Sending SMS or other notifications to Customers confirming the issuance of the eReceipt into the IT system of the entity providing IT support for eReceipts.
The Customer’s contact information may be processed by the service provider for the purposes specified above, which is necessary for the execution of the contract for the provision of the eReceipt service. The Customer has the right to access their data, rectify, delete or limit processing, and the right to object to processing, as well as the right to data portability.
7. Retention of title
The goods shall remain our property until full payment is made. For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to traders: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. “Kaufleute” as defined by the German HGB are subject to the inspection and notification requirements set out in § 377 HGB. Should you fail to comply with the instructions set out therein, the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been deliberately concealed by us.
9. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract. Statutory warranty rights apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product or on distinct information pages in the online shop, if applicable.
10. Code of conduct
We have submitted to the following codes of conduct: Trusted Shops http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf
11. Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.verbraucher-schlichter.de
12. Final provisions
If you are a trader, German law applies, to the exclusion of the UN Sales Convention. If you are a “Kaufmann” within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.
