Shop regulations

SHOP REGULATIONS

Terms and conditions of blue shadow online shop

TABLE OF CONTENTS
§ 1. General provisions
§ 2. Definitions
3. Technical requirements
§ 4. Rules of use of the Shop
§ 5. Agreement for the provision of Account Services
§ 6. Sale agreement
§ 7. Delivery of Goods
§ 8. Right of withdrawal from the Sales agreement
§ 9. Replacement of Goods
§ 10. Complaints concerning Goods
§ 11. Newsletter delivery agreement
§ 12. Complaints concerning the Digital service
§ 13. Seller's intellectual property
§ 14. Personal data processing
§ 15. Out-of-court dispute resolution
§ 16. Change of Account Service
§ 17. Amendment of the Terms and Conditions
§ 18 Final Provisions

§ 1. GENERAL PROVISIONS

These terms and conditions (hereinafter: "Terms and Conditions"), sets out the terms and conditions for the use of the "blue shadow" online shop operating at the web address www.blueshadow.pl (hereinafter: „Shop”).
The Shop owner is ROSAGO spółka z ograniczoną odpowiedzialnością with its registered office in Tychy (registered office address: ul. Ks. Świerzego 8, 43-100 Tychy), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register under KRS number: 0000297347, holding NIP number: 9691474135. REGON number: 240547340, with a share capital of PLN 400,000.00 (four hundred thousand zloty) (hereinafter: „Seller”).
Contact with the Seller is possible via:
1. e-mail at: [email protected];
2. by post at the following address: ul. Tuszyńska 61c, 95-030 Rzgów;
3. telephone number: +48 42 307 23 44.
In the course of its business, the Seller:
1. sells Goods which may be purchased by Buyers;
2. provides the Account Service to Users;
3. provides Subscribers with a Newsletter.
Information about the Goods available in the Shop, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude a Sales agreement within the meaning of Article 71 of the Act of 23 April 1964 Civil Code (hereinafter: “Civil Code").
Before using the Shop, the Customer is obliged to read the Terms and Conditions and the Privacy Policy.

2. DEFINITIONS

Capitalised words used in the Terms and Conditions shall have the following meanings:

1. Working day - a day which is not a Saturday, Sunday or other public holiday within the meaning of the provisions of the Act of 18 January 1951 on public holidays;
2. Customer - User, Buyer or Subscriber;
3. Civil Code - the term as defined in § 1(6) of the Terms and Conditions;
4. Consumer - a natural person who performs with the Seller a legal transaction that is not directly related to his or her business or profession.
5. Account - a panel created in the Store's IT system, enabling the User to use its functionality, in particular to purchase Goods;
6. Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who has concluded a Sales Agreement with the Seller or has taken steps to conclude it;
7. Newsletter - digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information on the current activities of the Seller, including information on new products and promotions available in the Store;
8. Non-compliance - is understood to mean:
a. non-conformity of the Goods with the Sales Agreement (the criteria for assessing the conformity of the Goods with the Sales Agreement are specified in Article 43b Paragraphs 1-2 of the Consumer Rights Act) or
b. non-conformity of the Digital service with the Agreement for its provision (the criteria for assessing the conformity of the Digital service with the Agreement for its provision are set out in Article 43k(1)-(2) of the Consumer Rights Act);
9. Privacy Policy - a document containing information on the processing of Customers' personal data by the Seller;
10. Exchange proposal - the term defined in § 9.4 of the Terms and Conditions;
11. Digital service - Account Service or Newsletter;
12. Entrepreneur - a natural person, a legal person or an organisational unit without legal personality, to which specific provisions confer legal capacity, conducting a commercial or professional activity in its own name;
13. Entrepreneur with the rights of the Consumer - a natural person conducting a business or professional activity on their own behalf, who has concluded an Agreement with the Seller directly related to their business activity, however, which does not have professional nature for this person, in particular resulting from the subject of their business activity;
14. Terms and Conditions - the term as defined in § 1.1 of the Terms and Conditions;
15. Seller - term as defined in § 1.3 of the Terms and Conditions;
16. Subscriber - a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who has concluded a Newsletter Delivery Agreement with the Seller or has taken steps to conclude such an Agreement;
17. Goods - a movable item, as defined by the provisions of the Civil Code, available in the Store, which may be purchased by the Buyer, in particular clothing;
18. New Goods - term as defined in § 9.1 of the Terms and Conditions;
19. Original Goods - the term as defined in § 9.1 of the Terms and Conditions;
20. Agreement - Agreement for the provision of the Account Service, Sales Agreement, Swap Agreement or Newsletter Delivery Agreement;
21. Newsletter Delivery Agreement- an agreement for the delivery of digital content within the meaning of the Consumer Rights Act, pursuant to which the Seller undertakes to deliver a Newsletter to the Subscriber free of charge for an indefinite period of time, and the Subscriber undertakes to deliver personal data to the Seller;
22. Agreement for the provision of the Account Service - an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, on the basis of which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period of time and the User undertakes to provide the Seller with personal data;
23. Sales Agreement - a sales agreement within the meaning of the Civil Code, on the basis of which the Seller undertakes to transfer ownership of the Goods to the Buyer and to deliver the Goods to the Buyer, and the Buyer undertakes to collect the Goods and to pay the price to the Seller;
24. Swap Agreement - a swap agreement within the meaning of the Civil Code, the object of which is transferring by the Buyer to the Seller the ownership of the original Goods in exchange for transferring by the Seller to the Buyer the ownership of the new Goods;
25. Account Service - a digital service within the meaning of the Consumer Rights Act, consisting of the creation and maintenance of an Account by the Seller for the User;
26. Consumer Rights Act - Act of 30 May 2014 on consumer rights;
27. Electronic Services Act - the term as defined in § 1(2) of the Terms and Conditions;
28. User - a person who is a Consumer, Entrepreneur or Entrepreneur with the rights of a Consumer, who has concluded an Agreement with the Seller for the provision of the Account Service or has taken steps to conclude such an Agreement;
29. Order - the Buyer's statement addressed to the Seller, which specifies the number and type of Goods the Buyer wishes to purchase.

3. TECHNICAL REQUIREMENTS

In order for Customers to properly use the Shop, the following are necessary:
1. connection to the Internet;
2. to have equipment that allows the use of Internet resources;
3. the use of a web browser capable of displaying hypertext documents on the screen of the device, linked to the Internet via a web-based service and supporting the JavaScript programming language, and accepting cookies;
4. having an active e-mail account.
The use of viruses, bots, worms or other computer codes, files or programs (in particular, process automation scripts and applications or other codes, files or tools) by Customers is prohibited within the Shop.
The Seller informs that it uses cryptographic protection for electronic transfer and digital content by means of appropriate logical, organisational and technical measures, in particular to prevent access by third parties to the data, including by SSL encryption, use of passwords and anti-virus or anti-malware software.
The Seller informs that despite the application of safeguards referred to in section 3 above, the use of the Internet and services provided electronically may be endangered by the access of third parties to the information and communication system and the Customer's device by harmful software or by gaining access to the data stored on this device. In order to minimise the aforementioned risk, the Seller recommends the use of anti-virus programmes or means of protecting identification on the Internet.

4. RULES FOR THE USE OF THE SHOP

The customer is obliged to use the Store in a manner consistent with generally applicable law, the provisions of the Terms and Conditions, as well as good manners.
The provision of unlawful content by the Customer is prohibited.
The prices of the Goods available in the Store are expressed in Polish zloty (PLN) and have gross value (they include all obligatory price components, including due VAT).
The Buyer may purchase Goods both after creating an Account and without creating an Account. If an Account has been created, the Buyer should log into the Account before starting shopping.

5. AGREEMENT FOR THE PROVISION OF AN ACCOUNT SERVICE

In order to conclude the Agreement for the provision of the Account Service, the User shall perform the following steps:

visit the Shop's website;
click on the "Register" tab;
enter the following mandatory data in the form that appears:
a. name and surname;
b. e-mail address;
c. telephone number;
d. residence/business address (street, house number, apartment number, town, postal code, country);
e. optionally - the company name and NIP (if the User is an Entrepreneur or an Entrepreneur with the rights of a Consumer);
f. the Account password created by the User;
tick the box next to the statement that you have read and accepted the Terms and Conditions and Privacy Policy;
Click on the "Register" option.

Clicking on the "Register" option is tantamount to the User concluding an Agreement for the provision of the Account Service.
The user gains access to the Account immediately after clicking on the option "create account".
By means of the Account, the User may, in particular:
1. store and amend your personal data;
2. place Orders, view the Orders placed and check the status of their execution.
The Seller informs, and the User acknowledges, that maintaining the compliance of the Account Service with the Agreement for the provision of the Account Service does not require the User to install its updates.
If the User is not granted access to the Account immediately after the conclusion of the Agreement for the provision of Account Services, the User shall request the Seller to grant access to the Account immediately. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions. If the Seller does not grant the User access to the Account immediately after receiving the request referred to in the preceding sentence, the User may withdraw from the Agreement for the provision of the Account Services.
Notwithstanding the provisions of paragraph 6 above, in the event that the User is not granted access to the Account, the User may withdraw from the Agreement for the provision of the Account Service without calling on the Seller to grant access to the Account if at least one of the cases indicated in Article 43j, paragraph 5 of the Consumer Rights Act applies.
Notwithstanding the provisions of paragraphs 6 to 7 above, the User may terminate the Agreement for the provision of the Account Services with immediate effect at any time and without giving reasons. Furthermore, pursuant to Art. 27 and further of the Consumer Rights Act, the User may withdraw from the Agreement for the provision of the Account Service without stating a reason, within 14 (fourteen) days from the date of its conclusion.
Withdrawal from or termination of the Agreement for the provision of the Account Service, irrespective of the basis on which this action is taken, shall be effected by the User submitting to the Seller a declaration of withdrawal from or termination of the Agreement for the provision of the Account Service. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions. The Seller shall delete the Account immediately upon receipt of the declaration referred to in the preceding sentence.
In the case of the User's use of the Account in a manner contrary to the generally applicable law, the provisions of the Terms and Conditions or good manners, as well as provision by the User of content of unlawful nature, the Seller may block the Account, which is tantamount to termination of the Agreement for provision of Account Services by the User with a notice period of 7 (seven) days. After the expiry of the notice period indicated in the preceding sentence, the Account shall be permanently deleted.
The blocking or deletion of the Account shall not affect the performance of Sales Agreement and Newsletter Provision Agreement concluded by the User prior to the blocking or deletion of the Account.

6. SALE AGREEMENT

In order to conclude the Sales Agreement, the Buyer should perform the following steps:

visit the Shop's website;
go to the tab of the selected Goods and click on "Add to cart";
go to the "Cart" tab and click on "Place order";
enter or select the following data in the form that appears:
a. name and surname;
b. e-mail address;
c. telephone number;
d. residence/business address (street, house number, apartment number, town, postal code, country);
e. the delivery address (if different from the residential/business address);
e. optionally - the company name and NIP (if the Buyer is an Entrepreneur or an Entrepreneur with the rights of a Consumer);
g. method of payment;
h. method of delivery;
you must tick the checkbox next to the statement that you have read the Terms and Conditions and Privacy Policy and accept their provisions;
optionally, tick the checkbox next to the declaration of consent to receive commercial information from the Seller about news, promotions and events sent by e-mail;
optionally, tick the checkbox next to the statement of consent to receive commercial information from the Seller about news, promotions and events sent by SMS/MMS;
you must tick the check box next to your statement of acceptance of the Terms and Conditions and Privacy Policy;
click on the "Buy and pay" option and then pay for the Goods according to the selected payment method.

The Buyer may choose one of the following methods of delivery of the Goods:
1. courier delivery;
2. delivery to an InPost parcel machine of your choice;
3. personal collection at a selected stationary point of the Seller (the list of available stationary points is displayed to the Buyer while placing the Order).
Payment of the price for the Goods can be made by the Buyer:
1. by bank transfer to the Seller's bank account - in the case of choosing this form of payment, the Buyer is obliged to make payment for the Goods covered by the Order within 3 (three) days from the date of its submission;
2. by using the payment system Autopay, PayPro S.A. Przelewy24, PayU, Google Pay, PayPal, PayPo, BLIK, - in the case of choosing one of these forms of payment, the Buyer is obliged to make payment for the Goods covered by the Order immediately after placing it;
3. by payment card: Visa, Visa Electron, Maestro, MasterCard, MasterCard Electronic;
4. in cash upon collection of the Goods delivered by courier or upon collection of the Goods from the Seller's stationary outlet.
When the Buyer clicks the "Buy and pay" option, it is tantamount to the Buyer making an offer to purchase the selected Goods.
Once the Order has been placed, the Buyer will receive a confirmation of the Order at the e-mail address provided by the Buyer.
If the Order cannot be fulfilled, the Seller shall notify the Buyer by means of a message sent to the e-mail address provided by the Buyer. In the case referred to in the preceding sentence, no Sales Agreement is concluded between the Seller and the Buyer. If the Order referred to in this section 6 has been prepaid by the Buyer, the Seller shall immediately refund all payments made by the Buyer.
If the Order is forwarded for execution, the Seller notifies the Buyer by means of a message sent to the e-mail address provided by the Buyer. Upon receipt by the Buyer of the message referred to in the preceding sentence, a Sales Agreement is concluded between the Seller and the Buyer.
If a submitted Order for which the Buyer has chosen the option to pay for the Goods prior to delivery is not paid within 3 (three) days of its submission, the Seller shall be entitled to withdraw from the Sales Agreement and cancel the Order within 5 (five) days of the ineffective expiry of the deadline for payment of the Order. Withdrawal from the Sales Agreement and cancellation of the Order takes place by the Seller sending an appropriate declaration to the e-mail address provided by the Buyer.
In the case of Goods sold on sale, the time limit for payment indicated in paragraph 8 above is reduced to 24 (twenty-four) hours from the date of submission.
In the event that the Buyer requests the Seller to extend the deadline for payment for the Goods before the expiry of the deadline indicated in paragraph 8 above, the deadline shall be extended by 1 (one) day.

7. DELIVERY OF GOODS

If the Buyer has chosen the option to collect the Goods in person, the Buyer may collect the Goods at the Seller's selected stationary outlet within 7 (seven) days from the date of receipt of the message from the Seller confirming that the Goods are ready for collection.
In the event of the Buyer's failure to collect the Goods within the time limit specified in section 1 above, the Seller shall be entitled to withdraw from the Sales Agreement within 7 (seven) days from the date of ineffective expiry of the time limit for collection of the Goods. Withdrawal from the Sales Agreement and cancellation of the Order takes place by the Seller sending an appropriate declaration to the e-mail address provided by the Buyer. If the Buyer has paid for the Goods prior to the Seller's withdrawal from the Sales Agreement, the Seller shall reimburse all payments made by the Buyer immediately after the withdrawal from the Sales Agreement.
The Seller performs shipment of Goods to addresses located in the territory of the Republic of Poland and selected member states of the European Union.
The shipping costs of the Goods shall be paid by the Buyer at the same time as paying the price for the Goods.
Dispatch of the Goods shall take place within 5 (five) Working Days from the date of delivery. If the Buyer has chosen to pay in advance, the Seller will proceed with the Order once it has been paid for.
In the event that the Buyer has purchased Goods with different delivery dates within one Order, the Order shall be fulfilled within the time limit applicable to the Goods with the longest delivery date.
The Seller shall deliver to the Buyer the Goods in accordance with the Sales Agreement relating to them.
Goods delivered to the Buyer should be intact.
If the Goods are delivered by courier, the Buyer should inspect the Goods in the courier's presence. If the package of Goods is damaged, the Buyer should write a damage report and contact the Seller.

8. RIGHT OF WITHDRAWAL FROM THE SALES AGREEMENT

The provisions of this § 8 shall only apply to a Buyer who is a Consumer or an Entrepreneur with the rights of a Consumer.
The Buyer shall have the right to withdraw from the Sales Agreement without giving any reason whatsoever within a period of 14 (fourteen) days from the date on which the Goods come into the possession of the Buyer or a third party who is not a carrier and is designated by the Buyer.
The Buyer shall exercise his right of withdrawal from the Sales Agreement by submitting a statement of withdrawal from the Sales Agreement to the Seller (hereinafter: „Declaration”). It shall be sufficient for the period for withdrawal from the Sales Agreement to be observed if the Declaration is sent before the expiry of the period referred to in paragraph 2 above.
The Declaration may be made by the Buyer in any form, in particular on the form attached as Appendix 2 to the Consumer Rights Act. However, in order to facilitate the exercise of the right of withdrawal from the Sales Agreement, the Seller recommends submitting the Declaration in the manner indicated in paragraphs 5-8 below.
The Buyer may make a Declaration in the following forms:

electronic;
paper;

If the Buyer chooses to make the Declaration in electronic form, the Buyer should send by e-mail to the address indicated in 1(4)(1) of the Terms and Conditions a message containing the following elements:

Buyer's name and surname;
e-mail address;
mailing address;
an express declaration of withdrawal from the Sales Agreement;
indication of the Goods to which the withdrawal from the Sales Agreement applies;
the Order number;
date of placing the Order;
PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur with the rights of a Consumer).

If the Buyer chooses to make the Declaration on paper, the Buyer should print and complete the form attached as Appendix 1 to the Terms and Conditions and then send it together with the Goods to the address indicated in paragraph 10 below. The form referred to in the preceding sentence can be found by the Buyer at this link: https://blueshadow.pl/userdata/public/assets/return_exchange_form.pdf
The Seller shall send the Buyer an acknowledgement of receipt of the Declaration immediately upon receipt by e-mail.
In the case of exercising the right of withdrawal from the Sales Agreement, the Buyer shall send the Goods back to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Agreement. It is sufficient to send back the Goods before the time limit referred to in the preceding sentence.
Standard Goods should be sent back to the address:

Online Shop blue shadow
ul. Tuszyńska 61c
95-030 Rzgów

The Buyer shall bear the direct costs of returning the Goods.
The Buyer may return the Goods at any stationary outlet of the Seller located in Poland (list of stationary outlets).
Refunds of payments made by the Buyer shall be made within 14 days after receipt by the Seller of the returned Goods or proof of their return by the Buyer, whichever occurs first. Refunds shall be made using the same payment method used by the Buyer in the original transaction, unless the Buyer expressly agrees otherwise. The Buyer shall not bear the cost of returning the payment made.
The Buyer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than that necessary to establish the nature, characteristics and functioning of the Goods.

9. REPLACEMENT OF GOODS

Within 21 (twenty-one) days from the date of receipt of the Goods, the Buyer may request the Seller to replace such Goods (hereinafter: "Original Goods") for Goods of the same model in a different colour or size currently available in the Shop (hereinafter: "New Goods").
Only the Original Goods delivered to an address located in the territory of Poland shall be exchanged.
The Original Goods may only be replaced if:

it has not been used by the Buyer;
it is free of any damage, in particular tears, abrasions, defects, stains, discoloration, dirt, etc;
has all original tags attached.

In order to exchange the Original Goods, the Buyer should address an exchange proposal to the Seller by e-mail or by telephone (hereinafter: "Exchange Proposal").
If the Exchange Proposal is accepted, the Seller sends a confirmation of its acceptance to the e-mail address provided by the Buyer. As soon as the Buyer has received the confirmation indicated in the preceding sentence, a Swap Agreement is concluded between the Seller and the Buyer.
Within 14 (fourteen) days from the date of receipt of the confirmation referred to in paragraph 5 above, the Buyer shall send the original Goods and the completed form attached as Appendix 1 to the Terms and Conditions to the address:

Online Shop blue shadow
ul. Tuszyńska 61c
95-030 Rzgów

The cost of sending the Original Goods shall be borne by the Buyer.
In the event that the Original Goods sent meet the requirements indicated in paragraph 3 above, the Seller shall immediately dispatch the New Goods. Shipping of the New Goods is carried out by courier or InPost parcel service.
The Seller shall bear the costs of sending the New Goods.
In the event that the Original Goods sent do not meet the requirements indicated in paragraph 3 above, the Seller may withdraw from the Swap Agreement within 7 (days) from the date of receipt of the Original Goods by submitting a statement to the Buyer by e-mail. In the statement referred to in the preceding sentence, the Seller shall inform the Buyer of the possibility to collect the Original Goods in person at the address indicated in paragraph 6 above or to send them back at the Buyer's expense.
New Goods received by the Buyer are not subject to the exchange referred to in this paragraph.
The provisions of the Terms and Conditions relating to the Sales Agreement and the Goods (including the provisions of § 8 and § 10 of the Terms and Conditions) shall apply mutatis mutandis to the Swap Agreement and the New Goods referred to in this paragraph.

10. COMPLAINTS ABOUT GOODS

On the basis of Article 558 § 1 of the Civil Code, the Seller's liability under warranty towards Buyers who are Entrepreneurs is excluded. The further provisions of this § 10 shall only apply to a Buyer who is a Consumer or an Entrepreneur with the rights of a Consumer.
The Goods delivered to the Buyer by the Seller must comply with the Sales Agreement.
The Seller shall be liable for Non-Compliance existing at the time of delivery of the Goods to the Buyer and discovered within 2 (two) years from that time, unless the Goods have a longer shelf life.
In the event of disclosure of Non-Compliance, the Buyer shall be entitled to the rights indicated in Article 43d and further of the Consumer Rights Act. The exercise of the Buyer's rights indicated in the preceding sentence shall take place in accordance with the provisions of the Consumer Rights Act and the provisions of this § 10.
In the event of disclosure of Non-Compliance, the Buyer may lodge a complaint including a demand to:

either repair the Goods or
replace the Goods.

The complaint shall be submitted by e-mail to the address indicated in § 1, section 4, item 1 of the Terms and Conditions.
The complaint should include:

Buyer's name and surname;
e-mail address;
the Order number;
the date of delivery of the Goods;
description of the Non-compliance disclosed;
request for repair or replacement of the Goods.

If the Seller receives a request to:

repair the Goods – the Seller shall be entitled to replace such Goods;
replace the Goods – the Seller shall be entitled to repair the Goods;
- if the method chosen by the Buyer to bring the Goods into conformity with the Sales Agreement is impossible or would require the Seller to incur excessive costs.

If both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.
After considering the complaint, the Seller shall provide the Buyer with a response to the complaint in which:

acknowledges the complaint and indicates the planned date for fulfilling the Buyer's request;
acknowledges the complaint and informs the Buyer that the Seller has exercised the right referred to in paragraph 8 above;
refuses to bring the Goods into conformity with the Sales Agreement for the reasons set out in paragraph 9 above;
shall reject the complaint as unfounded.

The Seller shall respond to the complaint by e-mail within 14 (fourteen) days of receipt.
In the cases referred to in par. 10.1-2 above, the Seller shall, at its own expense, bring the Goods into conformity with the Sales Agreement within a reasonable time from receipt of the complaint and without undue inconvenience for the Buyer, taking into account the specific nature of the Goods and the purpose for which the Buyer purchased them. The planned date for bringing the Goods into conformity with the Sales Agreement shall be indicated by the Seller in the response to the complaint.
The Buyer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Buyer at his own expense.
The Buyer shall not be obliged to pay for the mere use of the Goods which are subsequently replaced.
In the event of disclosure of Non-compliance, the Buyer may submit a declaration to the Seller to reduce the price or withdraw from the Agreement when:

The Seller has refused to bring the Goods into conformity with the Sales Agreement for the reasons set out in paragraph 9 above;
The Seller has failed to bring the Goods into conformity with the Sales Agreement in accordance with paragraphs 12-13 above;
The Non-compliance continues even though the Seller has tried to bring the Goods into conformity with the Sales Agreement;
The Non-compliance shall be so significant as to justify withdrawal from the Sales Agreement without first requiring the Seller to bring the Goods into conformity with the Sales Agreement;
it is clear from the Seller's statement or the circumstances that the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience for the Buyer.

A declaration of price reduction or withdrawal from the Sales Agreement may be made by e-mail to the address indicated in § 1, section 4, item 1 of the Terms and Conditions.
The declaration of price reduction or withdrawal from the Sales Agreement should include:

Buyer's name and surname;
e-mail address;
the Order number;
the date of delivery of the Goods;
description of the Non-compliance disclosed;
an indication of the reason for the declaration, chosen from among those set out in paragraph 15 above;
a statement to reduce the price of the Goods, together with an indication of the reduced price of the Goods, or a statement to withdraw from the Sales Agreement.

The reduced price must remain in such proportion to the price under the Sales Agreement as the value of the Goods not in conformity with the Sales Agreement remains to the value of the Goods in conformity with the Sales Agreement. The Seller shall reimburse the Buyer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 (fourteen) days of receiving the declaration of price reduction.
The Buyer may not withdraw from the Sales Agreement if the Non-compliance is immaterial.
In the event of withdrawal from the Sales Agreement, the Buyer shall immediately return the Goods to the Seller at the Buyer’s expense. Goods should be sent back to the following address:

Online Shop blue shadow
ul. Tuszyńska 61c
95-030 Rzgów

The Seller shall refund the price of the Goods to the Buyer immediately, but no later than within 14 (fourteen) days of receipt of the Goods or proof of their return, whichever is the sooner. The price shall be refunded using the same method of payment as was used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different method of refund that does not incur any costs for the Buyer.

11. NEWSLETTER DELIVERY AGREEMENT

In order to conclude the Newsletter Delivery Agreement, the Subscriber should do the following:

visit the Shop's website;
enter your e-mail address in the form on the Shop's website;
you must tick the checkbox next to the statement that you agree to receive the Newsletter, that you have read the Terms and Conditions and Privacy Policy and accept their provisions;
Click on the 'Join' option.

Clicking on the "Join" option is tantamount to the Subscriber concluding a Newsletter Delivery Agreement.
The Newsletter Delivery Agreement may also be concluded by the User by ticking the checkbox next to the declaration of consent to receive the Newsletter when concluding the Account Service Agreement or the Sales Agreement. In such a case, the Newsletter Delivery Agreement shall be concluded at the time of the conclusion of the Account Service Agreement or the Sales Agreement.
The Newsletter Delivery Agreement is concluded for an indefinite period of time.
The Seller informs and the Subscriber acknowledges that:

The newsletter is not subject to updates;
The frequency and timing of Newsletter delivery are not predetermined and depend on the Seller's current situation.

The Newsletter is delivered by e-mail to the e-mail address provided by the Subscriber.
The Subscriber may terminate the Newsletter Delivery Agreement with immediate effect at any time and without giving reasons. In addition, pursuant to Art. 27 and further of the Consumer Rights Act, a Subscriber who is a Consumer or an Entrepreneur with the rights of a Consumer may withdraw from the Newsletter Delivery Agreement without stating any reason within 14 (fourteen) days from the date of its conclusion.
Withdrawal from or termination of the Newsletter Delivery Agreement, regardless of the grounds for such action, shall require a relevant declaration to be submitted to the Seller by the Subscriber. The declaration referred to in the preceding sentence may be made by:

the Subscriber clicking on the unsubscribe link which is sent with each Newsletter;
sending a declaration of withdrawal from or termination of the Newsletter Delivery Agreement by the Subscriber to the Seller by e-mail.

The Seller shall stop the delivery of the Newsletter to the Subscriber immediately after the Subscriber has performed one of the actions indicated in section 8 above.

12. COMPLAINTS CONCERNING THE DIGITAL SERVICE

The provisions of this § 12 apply exclusively:

Customers being:
a. Users or Subscribers, unless a specific provision of the Terms and Conditions applies to only one of these persons, and
b. Consumers or Entrepreneurs with the rights of a Consumer;
Agreements for the provision of the Account Service and Newsletter Delivery Agreements, unless a specific provision of the Terms and Conditions applies only to one of these Agreements;
Non-compliance of the Account Service with the Agreement for the provision of the Account Service or Non-compliance of the Newsletter with the News Delivery Agreement.

The Digital Service supplied by the Seller to the Customer must be in accordance with the Agreement for its supply:

at the time of delivery - in the event that the Digital Service is delivered in one go or in parts;
for the entire duration of the supply of the Digital Service in question - where the Digital Service is supplied on a continuous basis.

The Seller shall be liable for Non-Compliance:

existing at the time of delivery of the Digital Service and discovered within 2 (two) years from that time - in the event that the Digital Service is delivered in one go or in parts;
disclosed during the period of supply of the Digital Service in question - where the Digital Service is supplied on a continuous basis.

In the event of a Non-Compliance, the Customer may submit a complaint requesting that the Digital Service be brought into conformity with the Agreement for its provision.
The complaint shall be submitted by e-mail to the address indicated in § 1, section 4, item 1 of the Terms and Conditions.
The complaint should include:

Customer's name and surname;
e-mail address;
description of the Non-compliance disclosed;
a request to bring the Digital Service into conformity with the Agreement for its provision.

The Seller may refuse to bring the Digital Service into conformity with the Agreement for its provision if this is impossible or would require the Seller to incur excessive costs.
After considering the complaint, the Seller shall provide the Customer with a response to the complaint in which:

acknowledges the complaint and indicates the planned date for bringing the Digital Service into conformity with the Agreement for its provision;
refuses to bring the Digital Service into conformity with the Agreement for its provision for the reasons set out in paragraph 7 above;
shall reject the complaint as unfounded.

The Seller shall respond to the complaint by e-mail within 14 (fourteen) days of receipt.
If the complaint is accepted, the Seller shall, at its own expense, bring the Digital Service into conformity with the Agreement for its provision within a reasonable time from receipt of the complaint and without undue inconvenience for the Customer, taking into account the nature of the Digital Service and the purpose for which it is used. The planned date for bringing the Digital Service into conformity with the Agreement for its provision shall be indicated by the Seller in the response to the complaint.
In the event of disclosure of Non-Compliance, the Customer may submit a declaration of withdrawal from the Agreement to the Seller when:

it is impossible or prohibitively expensive to bring the Digital Service into conformity with the Agreement for its provision;
The Seller has failed to bring the Digital Service into conformity with the Contract for its provision in accordance with paragraph 10 above;
The Non-conformity continues despite the fact that the Seller has attempted to bring the Digital Service into conformity with the Agreement for its provision;
The non-conformity shall be such as to justify cancellation of the Agreement for the provision of the Digital Service without first requiring the Seller to bring the Digital Service into conformity with the Agreement for its provision;
it is clear from the Seller's statement or from the circumstances that the Seller will not bring the Digital Service into conformity with the Agreement for its provision within a reasonable time or without undue inconvenience for the Customer.

The declaration of withdrawal from the Agreement may be submitted by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions.
The notice of withdrawal from the Agreement should include:

Customer's name and surname;
e-mail address;
the date of delivery of the Digital Service;
description of the Non-compliance disclosed;
an indication of the reason for the declaration, chosen from among those set out in paragraph 11 above;
declaration of withdrawal from the Agreement;

In the event that the User withdraws from the Agreement for the provision of Account Service, the Seller shall delete the Account immediately upon receipt of the statement of withdrawal from the Agreement for the provision of Account Service.
In the event that the Subscriber withdraws from the Newsletter Delivery Agreement, the Seller shall stop delivery of the Newsletter immediately upon receipt of the statement of withdrawal from the Newsletter Delivery Agreement.
Pursuant to Article 34(1a) of the Consumer Rights Act, in the event that the Customer withdraws from the Agreement for the provision of a Digital Service, the Buyer is obliged to cease using the Digital Service and making it available to third parties.

13. INTELLECTUAL PROPERTY OF THE SELLER

All components of the Shop, in particular:

Shop name;
the Shop logo;
photographs and descriptions of the Goods;
the rules of operation of the Shop's website, all its graphic elements, interface, software, source code and databases - are subject to legal protection under the provisions of the Act of 4 February 1994 on copyright and related rights, the Act of 30 June 2000 - Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other generally applicable laws, including European Union law.

Any use of the Seller's intellectual property without the Seller's prior express permission is prohibited.

14. PROCESSING OF PERSONAL DATA

For information about the Seller's processing of personal data, please refer to the Privacy Policy available at: https://blueshadow.pl/en_US/i/Privacy-policy/165.
15. OUT-OF-COURT DISPUTE RESOLUTION

The provisions of this § 15 apply exclusively to Customers who are Consumers.
The customer has the possibility to use out-of-court complaint and redress procedures.
Detailed information on the possibility for the Customer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites:

district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection;
Provincial Inspectorates of Trade Inspections;
Office of Competition and Consumer Protection.

The customer can also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

16. CHANGE OF ACCOUNT SERVICE

The Seller may change the Account Service in the event of:

the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;
the Seller's decision to improve the Account Service by adding new functionalities or modifying existing functionalities;
legal obligation to make changes, including the obligation to adapt the Account Service to the current legal situation.

Changing the Account Service may not incur any costs on the part of the User.
The Seller shall inform Users of the change to the Account Service by posting a message on the Account informing of the changes. Independently, information about the change made may be sent to users by e-mail.
If a change to the Account Service materially and adversely affects the User's access to the Account Service, the Seller shall inform the User of:

the nature and timing of the change, and
The User's right to terminate the Agreement for the provision of the Account Services with immediate effect within 30 (thirty) days of the change.

The Seller shall send the information referred to in section 4 above to the Users by e-mail no later than 7 (seven) days prior to the change.
The User's termination of the Agreement for the provision of the Account Service pursuant to paragraph 4(2) above shall be effected by submitting a notice of termination of the Agreement for the provision of the Account Service to the Seller. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions. The Seller shall delete the Account immediately upon receipt of the declaration referred to in the preceding sentence.

17. AMENDMENT TO THE TERMS AND CONDITIONS

The Seller may amend the Terms and Conditions in the event of:

changes to the Seller's object of economic activity;
the commencement of new services by the Seller, modifications to services already being provided, or discontinuation of such services;
making technical modifications to the Shop that require the provisions of the Terms and Conditions to be adapted to them;
legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current legal situation.

Customers will be informed of changes to the Terms and Conditions by publication of the amended version on the Shop's website at least 7 (seven) days prior to the effective date of the changes. Within the deadline referred to in the preceding sentence, a revised version of the Terms and Conditions will be sent to Users and Subscribers by e-mail.
Sales Agreements and Agreements for the supply of Digital Goods concluded before the date of entry into force of the new Terms and Conditions shall be governed by the provisions of the Terms and Conditions then in force.
A User or Subscriber who does not agree with the changes to the Terms and Conditions may terminate the Agreement for the provision of Account Service or the Newsletter Delivery Agreement with immediate effect until the changes to the Terms and Conditions come into force. Failure to give notice shall be deemed to be acceptance of the amendment to the Terms and Conditions.
Termination of the Agreement for provision of the Account Service or Newsletter Delivery Agreement shall be effected by the User or Subscriber submitting a declaration of termination of this Agreement to the Seller. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions.
Immediately upon receipt of the declaration referred to in section 5 above, the Seller shall delete the Account or suspend delivery of the Newsletter.

18 FINAL PROVISIONS
The current version of the Terms and Conditions is effective as of 27 January 2023.

Appendix no. 1 to the Terms and Conditions
Below is a model withdrawal form, which the Consumer may or may not use:

MODEL WITHDRAWAL FORM - download a printable version of the model.
(this form must be completed and returned only if you wish to withdraw from the agreement)

Shop regulations

... to receive PLN 50 for your first purchases :)