Regulations

TERMS AND CONDITIONS OF THE SHOEMAKER ONLINE STORE (HTTPS://WWW.SHMKR.COM)

The Shoemaker Limited Liability Company in Kraków, 31-108 Kraków, ul. Rhetoric No. 17 lok. 3, the documentation of which is kept by the Court in Kraków, 11th Division under KRS number 0000959315, with a share capital of PLN 5,000.00

hereinafter referred to as the "Company", runs The Shoemaker online store in the domain www.shmkr.com and its subdomains.

I. DEFINITIONS

1. Customer - an adult natural person, legal person or an organizational unit that is not a legal person, whose specific provisions grant legal capacity, who places an Order

as part of the Store (on behalf of the legal persons and organizational units indicated above, all activities related to the use of the Store's services may be performed only by persons authorized to represent these entities);

2. Consumer - a customer who is a natural person and meets the criteria set out in the definition of art. 22 point 1 of the Civil Code. According to this definition, a Consumer is considered to be a natural person making a purchase

with the entrepreneur of a legal transaction not directly related to its business or professional activity;

3. Holder - an entity that came into possession of a Gift Voucher and currently has it, in particular the Customer or the entity to whom the Customer gave the purchased Voucher;

4. Civil Code - Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);

5. Regulations - these Regulations for the provision of electronic services as part of The Shoemaker online store (www.shmkr.com);

6. Online Store (Store) - the www.shmkr.com website through which the Customer may, in particular, place Orders;

7. Goods - products presented in the Online Store, including footwear

8. Sales contract - a contract for the sale of Goods within the meaning of the Civil Code, concluded between The Shoemaker Sp. z o. o. and the Customer, concluded using the Store's website;

9. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);

10. Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended); within the meaning of the VAT Act, art. 7 sec. 7;

11. Order - Customer's declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and number of Goods. II.

II. GENERAL PROVISIONS

The online store at www.shmkr.com is run by The Shoemaker Sp. z o.o. with its registered office in Kraków, 31-108 Kraków, ul. Rhetoric No. 17 lok. 3, entered into the Register of Entrepreneurs of the National Court Register kept by the Court in Krakow, 11th Division under KRS number 0000959315, The Regulations regulate the rights and obligations of the Parties in connection with: 1. purchase of Goods in the Store by Customers,

2. setting up, maintaining and closing Accounts by the Store,

3. offering other tools or other services by the Store to Customers, in particular marking Goods as Favorites,

4. distribution of the Newsletter by the Store,

5. collecting and processing Customers' personal data by the Store.

6. To use the Store, the Customer should have:

a) telecommunications device for browsing websites, e.g. computer, smartphone, tablet;

b) software for browsing websites, e.g. Chrome, Firefox, Internet Explorer;

c) internet connection,

d) e-mail account.7. Access to these Regulations is possible at any time via the link on the website www.shmkr.com in the Regulations section.

8. The store delivers goods within the European Union.

9. The Shoemaker Sp. z o. o. is entitled to the intellectual property of items related to the operation of the Store. Intellectual property, in particular, includes copyrights to: the logo, the design of the Store's website, photographs of the Goods, texts placed on the website.

10. Any use without the express permission of The Shoemaker Sp. z o. o. from intellectual property is prohibited.

III. RULES OF USING THE ONLINE STORE

1. In order to ensure the security of messages and data in connection with the services provided, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of the services provided, in particular measures to prevent unauthorized acquisition and modification of personal data sent on the Internet.

2. The customer is obliged to:

A. not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,

B. refrain from taking actions that, contrary to the law or decency, cause damage to the Store or third parties or infringe their personal rights,

C. will not infringe the rights of the Store or third parties to related intellectual property

with the Store, with the activities of the Store or goods,

D. use the online store in a way that does not interfere with its functioning,

in particular through the use of specific software or devices,

E. use the online store in a manner consistent with the applicable regulations

in the territory of the Republic of Poland, the provisions of the Regulations, as well as

with the general rules of using the Internet.

F. He will not obtain or try to obtain access to data to which he is not entitled, in particular by violating security measures.

G. Providing data in the Store, e.g. when setting up an Account, completing the Order form or ordering the Newsletter, is tantamount to confirming that the person is entitled to provide data and use them, in particular to use the e-mail account provided. In particular, setting up an Account or placing an Order on behalf of a legal person or other organizational unit is equivalent to ensuring that the acting person is authorized to represent that legal person or other organizational unit.

H. A person who violates the rules set out in the paragraph above is liable

for any damages and other consequences of unauthorized actions.

I. Regardless of the consequences provided for, among others, under the provisions of civil and criminal law, violation of any of the above rules, attempt or complicity authorizes the Store to immediately terminate the provision of services to the Customer. The assessment of the rights and obligations of the parties under the concluded contracts for the sale of Goods to the Customer by the Store depends on the circumstances of the infringement.

IV. OFFER, PRICES AND PAYMENT METHODS

1. All offered Goods are new and originally packed.

2. The production time of products is a period of about 20 working days resulting from the mode of production of products.

3. The Store shall exercise due diligence to ensure that the presented photos of the Goods reflect their original parameters, such as, for example, color. However, due to the different parameters of the Customer's receiving devices, the representation may slightly differ from reality. When buying, the customer should always be guided by the additional description, and in case of doubt, contact the Store employee.

4. The prices of the Goods are given in Polish zlotys and include all components, including VAT.

5. The store reserves the right to change the presented offer.

6. The prices of the Goods do not include delivery costs, which are added to the final cost of the Order depending on the delivery method.

7. Delivery promotions valid on the day of the Order are included in the last step before order confirmation and payment. Details are presented in chapter VI of these Regulations.

8. The customer has the option of paying the price: 1. by bank transfer to the Company's account, Santander Bank 68 1090 2590 0000 0001 4997 5711

2. by card payment with PayU

3. Online payment with PayU

4. Blik9. If you choose a bank transfer, the Order will be sent after the full amount of payment due has been credited to the Store's bank account. If the payment is not recorded within 3 business days and there is no contact with the Buyer, the Order will be canceled and treated as withdrawal from the contract.

V. PROCEDURE FOR CONCLUDING A SALES AGREEMENT

1. Information about the Goods provided on the Store's websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract, within the meaning of art. 71 of the Civil Code.

2. In order to conclude a Sales Agreement via the Online Store, go to the website www.shmkr.com, select the products you are looking for and their characteristics (such as Color, size), taking further technical steps based on the messages and information displayed to the Customer available on the site.

3. The selection of the Goods ordered by the Customer is made by adding them to the basket.

4. When placing an Order - until you click the "I order with the obligation to pay" button or another equivalently informing about the obligation to pay, e.g. "I order and pay" - the Customer has the option of modifying the entered data and the selected Goods. To do this, follow the messages displayed to the Customer and the information available on the Store's website.

5. After the Customer using the online store provides all the necessary data, a summary of the order will be displayed. The summary of the order will contain information regarding, among others: 1. the subject of the contract,

2. unit and total price of ordered products or services, including delivery costs and additional costs (if any),

3. selected payment method,

4. selected delivery method,

5. time of order processing and delivery,6. In order to send an Order, it is necessary to provide personal data marked as mandatory and press the "I order with the obligation to pay" button or another equivalently informing about the obligation to pay, e.g. "I order and pay".

7. Sending by the Customer Order

This declaration is a declaration of will to conclude with The Shoemaker Sp. z o. o. Sales contracts, in accordance with the Regulations.

8. After placing the Order, the Customer receives an e-mail containing the final confirmation of all essential elements of the Order.

9. The contract is considered concluded when the Customer receives the e-mail referred to above.

10. The contract is concluded in Polish. Consolidation, protection and sharing of Order data and general conditions (Regulations of the online store) takes place via e-mail.

11. A fiscal receipt or VAT invoice will be attached to each Sales Agreement, the customer must choose the form of confirmation before paying for the order. After payment, it is not possible to change the form of the purchase confirmation.

12. If it is impossible to complete the Order, the Store shall immediately notify the Customer of this fact and return the entire amount received from the Customer, no later than within 5 working days from the date of notification.

VI. DELIVERY AND ORDER FILLING TIME

1. The delivery of the Goods is normally limited to the area of the European Union and takes place to the address indicated by the Customer when placing the Order. The shipment is each time insured and packed with due diligence to ensure its safe transport.

2. Optionally, it is possible to deliver the Goods beyond the borders of the EU, however, each time it requires prior contact of the Customer with the store by e-mail or telephone, in order to agree on the conditions and the possibility of delivery. Necessary contact details can be found in the "Contact Us" section of the homepage of www.shmkr.com.

3. The delivery of the ordered Goods within the territory of the European Union takes place via a courier company in accordance with the Buyer's choice. Delivery costs are an additional cost to the price of the goods and depend on the selected delivery option, and their current expected amount can be checked on the Delivery and payment page. Although the Store takes care of their current update, it reserves the possibility of their temporary discrepancy when the courier company changes the rates and the Store employee fails to update the system in time. Delivery costs will also be indicated at the time of placing the Order, just before its final confirmation by the Buyer - in this case, however, they are final for the Buyer and will not change.

4. The cost of delivery consists of the cost of the shipment, which the Store pays to the operator depending on the method of delivery chosen by the Customer, and the costs of preparing the shipment, including costs of a cardboard box/letter, filler, packaging materials and other necessary for the proper and safe preparation of the package.

5. The Buyer is entitled to "free delivery", i.e. a promotional delivery offer at no additional cost if the value of the Goods in the Order, taking into account all rebates and discounts, exceeds PLN 300 gross.

6. The total duration of the Order in the territory of the Republic of Poland consists of the sum of three elements: the time of manufacturing shoes, which does not take longer than 20 working days, the time of preparing the order for shipment, ending with the courier picking up the shipment, and the time of delivery.

7. The time to prepare the order for shipment, ending with its pick-up by the courier, is a maximum of 23 days (excluding Sundays and public holidays), however, the Store makes every effort to complete each order faster. The exception are situations where the Store has agreed with the Customer a different delivery date, including orders for items that are currently unavailable or created for the Customer's individual order.

8. The status of the delivery can be checked by the Buyer at any time in the Customer Panel, available at www.maisonstore.pl after logging in using the method specified when registering the account.

9. The costs, conditions of implementation and expected delivery times of the Goods outside the territory of the Republic of Poland will be agreed and confirmed with the Buyer each time.

10. Until the shipment is delivered, the Store is responsible for it during its transport to the Buyer, therefore it is the Store employee who will conduct any possible complaint procedure with the courier company, and the Customer thus accepts that the Store will be the one who is entitled to claims related to with the loss, damage or destruction of the shipment to the courier company.

11. At the moment of finding damage to the shipment or shortages (regardless of whether in the presence of the courier or after his departure), the Customer should report any objections to the courier and request the preparation of an appropriate protocol, which will significantly facilitate and speed up the procedure of settling the case.

12. The moment of delivery is the receipt of the parcel from the courier confirmed by the appropriate receipt document or receipt from the Parcel Locker confirmed by the appropriate register in the system.

VIII. WITHDRAWAL FROM THE AGREEMENT

1. The Customer who is a Consumer has a 14-day deadline to withdrawal from the contract. The consumer has the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date on which the Customer came into possession of the Goods or on which a third party other than the carrier and indicated by the Customer came into having them.

2. In order to exercise the right to withdraw from the contract, the Customer must inform the Store about his decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post to the address of the Store operator or by e-mail to the address contact@shmkr.com).

3. In order to meet the withdrawal deadline, it is enough for the Customer to send information regarding the exercise of his right to withdraw from the contract before the withdrawal period expires.

4. In the event of withdrawal from this contract, the Customer will receive a refund of all payments received by the Store, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method of delivery offered at the time of placing the Order), no later than 14 days from the day on which the Customer informed the Store about the decision to exercise the right to withdraw from the contract.

5. The customer will receive a refund using the same payment methods that were used by the customer in the original transaction, unless he expressly agrees to a different solution; in any case, the Customer will not incur any additional fees in this respect.

6. The payment will be refunded immediately after receiving the return of the Goods.

7. If the withdrawal from the contract takes place after the delivery of the Goods to the Customer, the Customer is obliged to return the Goods at his own expense immediately, and in any case not later than 14 days from the date on which he informed the Store about the withdrawal from the contract. The deadline is met if the Customer sends back the item before the 14-day period expires.

8. Together with the returned Goods, the Buyer is obliged to return all freebies, gifts and other items that he received along with the Order.

9. The return of the Goods should be made in a way that ensures their safe delivery to the Store.

10. The return of the Goods takes place to the address of the Store operator, and the Customer has the option of self-shipping.

11. The obligation to return the Goods will not be fulfilled in the case of cash on delivery, because the Store is not able to collect this type of shipment and it will be rejected each time.

12. The customer is responsible for reducing the value of the item resulting from using it in a different way than it was necessary to establish the nature, characteristics and functioning of the item, as he would be able to do it in a stationary store.

13. The right to withdraw from the contract is not entitled to the Customer in the cases specified in the current regulations, in particular in the case of a contract in which the subject of the service is: 1. not prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs,

2. 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.

XI. COMPLAINTS ABOUT GOODS

1. The Store Operator as the Seller is liable to the Customer who is a Consumer within the meaning of art. 22 point 1 of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular in art. 556 and art. 556 points 1-3 and subsequent of the Civil Code.

2. Complaints arising from the violation of rights guaranteed by law or under these Regulations may be submitted, among others, by logging into the Customer panel in the manner selected during registration, and then following the instructions in the "Complaints" section.

3. In order to submit a complaint for a purchase made without registration, please use the complaint form template, which can be submitted to the Seller, e.g. via e-mail to the address contact@shmkr.com. If the Customer's request requires the transfer of the Goods to the Seller or the Seller deems it necessary in order to consider the complaint, it should be returned in conditions ensuring safe transport to the address of the Store operator.

4. The Seller undertakes to consider each complaint within 14 days of its receipt.

5. The customer, within the framework of his rights, may demand that the defective product be brought into compliance with the contract by repair, replacement, refund or price reduction.

6. The Seller, within its rights, reserves the right to change the method chosen by the Customer to bring the defective product into compliance with the product contract, if the method chosen by the Customer is impossible or would require excessive costs compared to the other possible method of bringing the defective product into compliance with the contract.

XII. COMPLAINTS REGARDING THE PROVISION OF SERVICES BY ELECTRONIC MEANS

1. The online store takes the department in order to ensure the fully correct operation of the website and the store's websites, to the extent that results from the current technical knowledge

and undertakes to remove any technical irregularities reported by customers

within a reasonable time.

2. Irregularities related to the functioning of the website and the store's websites may be reported by the Customer by e-mail to contact@shmkr.com.

3. In the complaint, the Customer should describe the type and date of the irregularity related to the functioning of the Store.

XIII. TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS.

1. All names and trademarks regarding the Goods on the Store's website are used only for the purpose of presenting the offer and are the sole property of the entities for which they have been registered.

2. All system names and trademarks on the Store's website

  and payment operators, banks, payment cards and services and products of courier companies

are used only to present payment or delivery methods and are the sole property of the entities for which they were registered.

3. The store uses photos, descriptions and materials provided by manufacturers or their authorized distributors based on the consents obtained. This content is protected by copyright, further publishing, saving, copying or changing it may be prohibited.

4. The store also uses its own materials, photos and publications to which D&H Luxury Sp. z o.o., and their further publication, saving, copying or changing is legally protected and prohibited.

XIV. TERMS AND CONDITIONS, RESOLUTION OF DISPUTES AND FINAL PROVISIONS

1. The Regulations are available in electronic form on the home page https://www.shmkr.com in the Regulations section.

2. The Store reserves the right to change the wording of these Regulations by publishing its newer version, with the proviso that all previous versions are archived and will be available at the Customer's written request.

3. Any changes to the Regulations will not apply to Orders placed before their publication, unless the change of conditions is required by law or by a competent state authority.

4. In matters relating to disputes between the Store and the Customer who is a Consumer within the meaning of the Civil Code, arising from the execution of the Order, the competent court is the common court resulting from the provisions of law.

5. The Customer who is a Consumer may use out-of-court means of dealing with complaints and pursuing claims. Disputes regarding online purchases can be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before the arbitration court at the Provincial Inspectorate of the Trade Inspection. The consumer may also use other methods of out-of-court dispute resolution and e.g. submit his complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/

6. In matters relating to disputes between the Store and a Customer who is not a Consumer within the meaning of the Civil Code, arising from the implementation of the Order, the competent court will be the common court competent for the registered office of The Shoemaker Sp. z o. o.

7. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of Polish law shall apply.