Terms and Conditions

Terms and Conditions of the SHEZAMME online store

Hello!

We are glad that, while buying your new shoes, you have come to us.
To take care of all the formalities, we start by providing our full registration details as the store administrator and seller: KOLEKT5 – Ujście 14, 93-490 Łódź, Polska – NIP: 7292756919 , REGON: 528956304, KRS: 0001112313

Below you will find the terms and conditions, which contain all information about how to place an order leading to the conclusion of a contract, the details of the performance of the concluded contract, the forms of delivery and payment available in the store, the withdrawal procedure and the complaint procedure.

Should you have any comments, questions or doubts, we remain at your disposal at: support@shezamme.com

We wish you a pleasant shopping experience!
The team of the SHEZAMME online store

1 Definitions

For the purposes of these terms and conditions, the following terms have the following meanings:

Buyer – a natural person, a legal person or an entity with limited legal personality making a payment in exchange for the purchased goods/product;
Consumer – a natural person concluding with the Seller a sales contract not directly related to their business or professional activity;
The provisions concerning the Consumer also apply to a natural person concluding with the Seller a contract directly related to their business activity, where the content of that contract indicates that it does not have a professional character for that person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Terms and Conditions – this document, governing the process of concluding the contract, its performance, the forms of delivery and payment, as well as the withdrawal procedure and the complaint procedure. The Terms and Conditions are available at https://shezamme.com/regulamin-shezamme/;
Store – the online store operating at https://shezamme.com/
Website or the Store website – the Store's website, available at: https://shezamme.com/
Seller KOLEKT5 – Ujście 14, 93-490 Łódź, Polska – NIP: 7292756919 , REGON: 528956304, KRS: 0001112313;
Special orders – orders covering the goods indicated in §7 of these terms and conditions;
Seal – a protection against use, affixed in a way that does not hinder trying the footwear on;
Footwear showing no signs of use – footwear on which no signs of use are visible, apart from those arising as a result of its usual, normal trying on in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the product, or footwear whose seal has not been broken, destroyed or removed
Consumer Rights Act – ustawa o prawach Konsumenta (the Consumer Rights Act), Dz.U. of 2014, item 827, consolidated text Dz.U. of 2020, item 287.

2 Preliminary provisions

The Terms and Conditions set out the rules and conditions for using the Store, as well as the rights and obligations of the Seller and the Buyers.
Through the Store, original footwear of world brands showing no signs of use is sold, and this is guaranteed by the fact that the footwear sold is in each case provided with a SHEZAMME certificate of authenticity, confirmed by a hologram of that brand.
Through the Store, the Buyer may purchase the products shown on its pages, as well as place an order referred to in §7. The Seller conducts retail sales, while at the same time providing services to Buyers by electronic means.
The subject of the performance and its main characteristics (such as the brand, colour or size of the footwear) are presented to the buyer via the Store website, with the exception of special orders, whose subject of performance may be specified in the content of special orders placed by the Buyer via e-mail.
Using the Store, including in particular making a purchase in the Store, does not require meeting any special technical conditions understood as the Buyer's computer or other device. The following are sufficient:
a) access to the Internet,
b) a standard operating system,
c) a standard web browser,
d) having an active e-mail address.
The Buyer may not make a purchase in the Store anonymously or under a pseudonym.
While using the Store, it is prohibited to provide content of an unlawful character, in particular by sending such content via the forms available in the Store.
All product prices given on the Store's pages are gross amounts.

3 Services provided by electronic means

Through the Store, the Seller provides services to the Buyer by electronic means.
The basic service provided to the Buyer by the Seller by electronic means is enabling the Buyer to place an order through the Store, leading to the conclusion of a sales contract with the Seller. Placing an order is possible without the need to have an account in the Store.
If the Buyer decides to set up an account in the Store, the Seller provides the Buyer with a service by electronic means consisting in setting up and maintaining an account in the Store. The account stores the Buyer's data and the history of the orders they have placed. The Buyer logs in to the Account using their e-mail address and a password defined by themselves.
Setting up an account in the Store takes place by ticking the appropriate checkbox during the order placement process or by filling in the separate account registration form available on the Store website. The Buyer may delete the account at any time from the account management panel or by directing an appropriate request to the Seller. Deleting the account will not, however, result in the deletion of information about the orders placed using the account, which information the Seller will store until the expiry of the limitation period for claims arising from the contract concluded via the Store or for the entire period of the Store's operation, unless the Buyer objects earlier to the storage of this information and the Seller does not have an overriding interest in storing it.
If the Buyer decides to subscribe to the newsletter, the Seller also performs for the Buyer a service provided by electronic means, consisting in sending the Buyer e-mail messages containing information about the Seller's news, products or promotions. Subscription to the newsletter takes place by filling in and sending the newsletter subscription form or by ticking the appropriate checkbox during the order placement process. The Buyer may resign from the service at any time by clicking the unsubscribe button visible in every message sent as part of the newsletter or by sending an appropriate request to the Seller.
Services are provided by electronic means to the Buyer free of charge. Sales contracts concluded via the Store are, however, for consideration.
In order to ensure the security of the Buyer and of the transfer of data in connection with the use of the Store, the Seller takes technical and organisational measures appropriate to the degree of threat to the security of the services provided, in particular measures serving to prevent the acquisition and modification of personal data by unauthorised persons.
The Seller takes action to ensure the fully correct functioning of the Store. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Store.
The Buyer may report any complaints and comments related to the functioning of the Store by electronic mail to the e-mail address support@shezamme.com. In the complaint, the Buyer should specify the type of irregularity related to the functioning of the Store and the date of its occurrence. The Seller will consider all complaints within 30 days from the date of their receipt and will inform the Customer of their resolution via the e-mail address of the person filing the complaint.

4 Placing an order

The Buyer may place an order as a registered customer[1] or as a guest.
A registered customer is a Buyer who has an account in the Store. The Buyer may set up an account by ticking the appropriate checkbox during the order placement process or by filling in the separate account registration form available on the Store website.
If the Buyer has an account in the Store, they should log in to it before placing an order. Logging in is also possible during the placement of an order by clicking the link available in the displayed message.
An order is placed by filling in the order form after first adding the products of interest to the Buyer to the basket. In the form it is necessary to provide the data required to process the order. At the stage of placing the order, the method of delivery of the ordered products and the method of payment for the order are also selected. A condition for placing an order is acceptance of the Terms and Conditions, with which the Buyer is obliged to become acquainted beforehand. Should there be any doubts concerning the Terms and Conditions, the Buyer may contact the Seller via support@shezamme.com
The order placement process ends with clicking the button finalising the order. This act constitutes the Buyer's declaration of will leading to the conclusion of a sales contract with the Seller.
If the Buyer chose online payment when placing the order, after clicking the button finalising the order, they will be redirected to a payment gateway operated by an external operator, in order to make the payment for the order. If the Buyer chose payment by bank transfer, after clicking the button finalising the order, they will be redirected to the Store's page with the order confirmation and instructions for making the payment. Payment for the order should be made within 24 hours from the conclusion of the contract. Otherwise, the contract will not be concluded.
In the order form, the Buyer is obliged to provide true personal data. The Buyer is liable for providing untrue personal data. The Seller reserves the right to withhold the processing of an order in a situation where the Buyer has provided untrue data or where such data raises the Seller's justified doubts as to its correctness. In such a case, the Buyer will be informed by telephone or by electronic mail of the Seller's doubts. In such a situation, the Buyer has the right to explain all circumstances related to the verification of the truthfulness of the data provided within 7 days. In the absence of data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer establishes contact.
The Buyer declares that all data provided by them in the order form is true, whereas the Seller is not obliged to verify its truthfulness and correctness, although it has such a right in accordance with para. 7 of this section.

5 Delivery and payment

The available methods of order delivery are described on the Store website and presented to the Buyer at the stage of placing the order. The cost of order delivery is borne by the Buyer, unless the Seller indicates otherwise on the Store website. The Seller has the right to decide to divide the order into several separate shipments without any additional costs being borne by the Buyer.
The available methods of payment for the order are described on the Store website and presented to the Buyer at the stage of placing the order.
Electronic payments are handled by Przelewy24, mElements S.A. , Stripe, PayPal, Klarna.
The entity providing online payment services with respect to card payments is Blue Media SA, Przelewy24, mElements S.A., Stripe, Klarna
The following forms of payment are available in the Store: payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro, American Express, Discover.
If the Buyer has requested an invoice, it will be delivered by electronic means, to the e-mail address given in the order form.
Payment is deemed made at the moment it is credited to the Seller's bank account.
The moment of refund is the moment the Seller's bank account is debited.
If the payment was made by an electronic form, all refunds are made to the bank accounts assigned to the electronic forms of payment.

6 Order processing

Processing the order consists in assembling the ordered products, packing them for delivery and dispatching the parcel to the address indicated by the Buyer in accordance with the selected form of delivery.
The order is deemed processed at the moment the parcel is dispatched to the Buyer (the parcel is entrusted to the carrier). This moment also constitutes the moment of release of the item being the subject of the sales contract.
The order processing time is indicated for each specific product. Ordered products available in stock are as a rule delivered within 3 to 5 days, unless a longer period has been clearly indicated by the Seller in the product description, as is described and as is the case with the made-to-order products indicated in §7 of these Terms and Conditions. In such a situation, by placing an order, the Buyer consents to a longer order processing time, resulting from the product description, which as a rule lasts from 7 to 14 days, however with the possibility of extension up to 30 days, provided that processing the order is at all possible for the Seller.
If the Buyer has ordered products with different indicated processing times, the binding deadline for the Seller for processing the entire order is the longest of all the delivery periods of the products comprising the order, whereby the Seller may propose dividing the order into several independent shipments in order to speed up the processing time of individual parts of the order.

7 Special orders

Through the Store, the Buyer may also place special orders.
Special orders comprise:
a pair of footwear brought in by the Seller at the Buyer's special order, not belonging to the Store's usual offer, provided that processing the order is possible for the Seller;
a pair of footwear belonging to the Store's usual offer, whose price exceeds the amount of 5 thousand zloty;
a pair of footwear belonging to the Store's usual offer, clearly marked as a special order (marked on the Store website with the note "made to order"), available for purchase at the Buyer's special order;
In the case of a special order, the price of the goods is agreed individually with the Buyer. It is stipulated, however, that the previously agreed price may change due to circumstances beyond the Seller's control. In such a situation, after agreement with the Buyer, an updated price is set or, if the Buyer does not consent to the price change, the Seller has the right to withdraw from processing the order.
In the case of special orders, the Buyer's right to withdraw from the contract, referred to in Chapter 4 of the Consumer Rights Act and in §8 of these terms and conditions, is excluded, due to the fact that the subject of the sales contract is an item serving to satisfy the individualised needs of the Consumer (Art. 38 para. 3 of the ustawa o ochronie praw konsumenta (the Consumer Rights Protection Act)).
Despite the impossibility of withdrawing from the contract, in the case where the withdrawal would be related to ordering an unsuitable size of a pair of footwear, the Seller may, at the buyer's request, if such an actual possibility exists, exchange the pair of footwear for one consistent with the sizing requested by the Consumer. Irrespective of the above, after prior agreement with the Seller, the Consumer may submit to the Seller a request for another pair or pairs of footwear remaining at a price corresponding to the value of the previously placed special order to be released to them instead. The Seller is not obliged to grant the request without any consequences for its rights and obligations, and any granting of the request is treated as an action within the same special order.

8 Withdrawal from the contract by the Consumer

Subject to point 13 of this section, the Consumer, in accordance with the provisions of the ustawa o ochronie praw konsumenta (the Consumer Rights Protection Act), has the right to withdraw from the contract without giving a reason within 14 days from the day of taking possession of the purchased items by the consumer themselves or by a third party indicated by them, other than the carrier. In the case of orders delivered in two or more parcels, the 14-day period starts to run at the moment of taking possession of the last of the ordered items.
The Consumer may withdraw from the contract by submitting to the Seller a declaration of withdrawal from the contract.
The Consumer may use the model withdrawal form, available at https://shezamme.com/polityka-zwrotow/
The deadline for withdrawal from the contract is met if the Consumer exercises their right before the expiry of the above-mentioned 14 days, at the latest on the 14th day.
After receiving the declaration referred to in para. 3 of this section, the Seller is obliged to immediately send the Consumer a confirmation of receipt of the declaration to the indicated e-mail address, and at an express request, in writing, to the indicated address by post.
In the case of effective exercise of the right of withdrawal, the contract is deemed not concluded, which means the necessity of mutual return of the performances by the parties.
The Consumer is obliged to return the product to the Seller or hand it over to a person authorised by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the contract, unless the Seller has proposed to collect the item themselves. To meet the deadline, it is sufficient to send the product back before its expiry
The Consumer bears the direct costs of returning the item.
In the case of withdrawal from the contract, the Seller returns to the Consumer all payments received from the Consumer, including the cheapest cost of delivering the products available in the Store (if the cost was covered by the Consumer) immediately, and in any case no later than 14 days from the day on which the Seller was informed of the exercise of the right of withdrawal from the contract. The refund of the payment will be made using the same methods of payment as were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution. The Consumer bears no fees related to the refund of the payment.
If the Seller has not proposed to collect the item from the Consumer themselves, it may withhold the refund of the payments received from the Consumer until it receives the item back or until the Consumer provides proof of sending it back, whichever event occurs first.
The returned footwear may not bear signs of use, and the Consumer is liable for any diminution in the value of the product resulting from using the product in a manner going beyond what is necessary to establish the nature, characteristics and functioning of the product.
The Seller reserves the right to refuse to accept the Buyer's declaration of withdrawal from the contract in the case where the Buyer has broken, destroyed or removed the seals attached to the footwear, which constitute a guarantee that the delivered products have not been used. In the case of breaking, destroying or removing the seals, the product is considered to have been used by the Buyer and is not subject to return, and the declaration of withdrawal is not binding on the Seller.
The right to withdraw from a distance contract is not available to the Consumer in the case of a Sales Contract:

13.1 in which the subject of the performance is a non-prefabricated item, produced according to the consumer's specification or serving to satisfy their individualised needs.

13.2 in which the subject of the performance is an item delivered in a sealed package which, after the package has been opened, cannot be returned for health protection or hygiene reasons, if the package was opened after delivery,

13.3 in which the subject of the performance are items which, after delivery, due to their nature, become inseparably connected with other items,

13.4 in which the subject of the performance is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the performance began that after the Seller has performed the service they will lose the right to withdraw from the contract.

13.5 The right to withdraw from the Sales Contract is available both to the Seller and to the Customer, in the case of the other party to the contract failing to perform its obligation within a strictly specified time.

13.6 in which the subject of the performance is footwear bearing a verification seal relating to the confirmation of authenticity. After the seal has been broken/detached, the right of return is limited and the Seller has the right not to accept the return due to the impairment of the condition of the product.

9 Liability for defects

The Seller is obliged to deliver to the Buyer a product free from defects.
The Seller is liable towards the Buyer if the sold product has a physical or legal defect (warranty for defects of the sold item).
The fact of selling to the Buyer a product which is not brand new, but which was sold without visible signs of use with a SHEZAMME certificate of authenticity, confirmed by the brand's hologram, is not considered a legal defect.
The Seller is liable under the warranty if the physical defect was established before the expiry of 2 years from the day of release of the item to the Buyer.
The physical defect or its cause must moreover already exist at the moment of release of the item to the Buyer. If the buyer is a Consumer and the physical defect was established before the expiry of 1 year from the moment of release of the item, they benefit from the presumption that the physical defect or its cause existed at the moment of release of the item.
If the sold product has a defect, the Buyer has the right to:
a) demand the replacement of the product with one free from defects,
b) demand the removal of the defect,
c) submit a declaration on a price reduction,
d) submit a declaration on withdrawal from the contract.
If the Buyer establishes a defect in the product, they should inform the Seller of this, at the same time specifying their claim related to the established defect or submitting a declaration of appropriate content.
The Buyer may use the complaint form, available at https://shezamme.com/polityka-zwrotow/
The Buyer may contact the Seller both by traditional mail and by electronic mail.
The Seller will respond to the complaint submitted by the Buyer within 14 days from the day the complaint is delivered to it, using the means of communication by which the complaint was submitted.
The details concerning the Seller's warranty for defects are governed by the provisions of the Kodeks cywilny (the Civil Code) (Art. 556-576 of the Civil Code)

10 Personal data and cookies

The controller of the Buyer's personal data is the Seller.
The Buyer's personal data is processed for the following purposes and on the basis of the following legal grounds:
a) conclusion and performance of the contract – Art. 6 para. 1 letter b GDPR,
b) fulfilment of tax and accounting obligations – Art. 6 para. 1 letter c GDPR,
c) defence, pursuit or establishment of claims related to the contract, which is a legitimate interest pursued by the Seller – Art. 6 para. 1 letter f GDPR,
d) identification of a returning customer, which is a legitimate interest pursued by the Seller – Art. 6 para. 1 letter f GDPR,
e) handling enquiries directed by Buyers not yet leading to the conclusion of a contract, which is a legitimate interest pursued by the Seller – Art. 6 para. 1 letter f GDPR,
f) sending the newsletter, after prior consent has been given – Art. 6 para. 1 letter a GDPR.
The recipients of the Buyer's personal data are: courier companies, tax offices, the accounting office, the law firm, the hosting provider, the provider of the invoicing system, the provider of the CRM system, the provider of the mailing system.
Due to the use of the MailChimp mailing system, the personal data of Buyers who have subscribed to the newsletter is transferred to the United States of America (USA) in connection with its storage on servers located in the USA. The provider of the MailChimp system guarantees an adequate level of personal data protection through appropriate compliance mechanisms (Privacy Shield).
The Buyer's personal data is stored in the Seller's database throughout the entire period of conducting business activity in order to ensure the possibility of identifying a returning customer, to which, however, the Buyer may object, demanding the deletion of their data from the Seller's database. If such an objection is raised before the expiry of the limitation period for claims under the concluded contract, the Seller will have an overriding interest in storing the Buyer's data until the expiry of the limitation period for claims. Accounting documentation containing the Buyer's personal data is stored for the period required by the provisions of law.
In connection with the processing of personal data, the Buyer has the right to request from the Seller access to the personal data, its rectification, erasure, restriction of processing, the right to object to the processing, the right to data portability, the right to lodge a complaint with the President of the Personal Data Protection Office.
Providing personal data by the Buyer is voluntary, but necessary in order to contact the Seller, set up a user account, conclude a contract or subscribe to the newsletter.
The Store uses cookie technology.
The details related to personal data and cookies are described in the privacy policy available at https://shezamme.com/polityka-prywatnosci/

11 Intellectual property rights

The Seller hereby informs the Buyer that the content available on the Store's pages and the elements of physical products (e.g. graphic designs) may constitute works within the meaning of the ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych (the Act of 4 February 1994 on Copyright and Related Rights), the copyright to which is vested in the Seller.
The Seller hereby informs the Buyer that further dissemination of content covered by copyright by the Buyer without the Seller's consent, with the exception of using the content within the framework of permitted personal use, constitutes an infringement of the copyright vested in the Seller and may result in civil or criminal liability.

12 Out-of-court methods of handling complaints and pursuing claims

The Seller consents to submitting any disputes arising in connection with the sale of goods to mediation proceedings. The details will be determined by the parties to the conflict.
The Consumer has the possibility of using out-of-court methods of handling complaints and pursuing claims. Among others, the Consumer has the possibility of:
a) applying to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded sales contract,
b) applying to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings concerning the amicable settlement of a dispute between the Buyer and the Seller,
c) using the assistance of the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
More detailed information on out-of-court methods of handling complaints and pursuing claims may be sought by the Consumer on the website: https://polubowne.uokik.gov.pl.
The Consumer may also use the ODR platform, which is available at: https://ec.europa.eu/consumers/odr . The platform serves to resolve disputes between consumers and traders seeking an out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or a service contract.

13 Final provisions

The Seller reserves the right to introduce and withdraw offers and promotions and to change product prices in the Store without prejudice to the rights acquired by the Buyer, including, in particular, the terms of contracts concluded before the change was made.
The Seller reserves the possibility of introducing changes to the Terms and Conditions without prejudice to the rights acquired by the Buyer on the basis of contracts concluded before the change of the Terms and Conditions. Buyers having a registered user account will be informed of every change of the Terms and Conditions by a message sent to the e-mail address assigned to the user account. In the absence of acceptance of the new Terms and Conditions, the Buyer may delete their user account free of charge.
All disputes related to contracts concluded via the Store will be examined by the Polish common court having jurisdiction over the place of permanent conduct of business activity by the Seller. This provision does not apply to Consumers, in whose case the jurisdiction of the court is determined on general principles.
These Terms and Conditions are in force as of 01.07.2024
All archived versions of the Terms and Conditions are available for download in .pdf format – the links are located below the Terms and Conditions.

[1] Functionality under development.

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