Terms & Conditions

TERMS AND CONDITIONS OF THE ONLINE STORE WWW.CREASOCKS.COM

§ 1. Definitions

1. Online Store – the online store available at the address: www.creasocks.com, operated by the Seller,
2. Terms and Conditions – the regulations of the Online Store, as referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services,
3. Seller – Crea Socks. z o.o. with its registered office in Warsaw at the address: Ksiedza Teodora Zaganczyka 20A 05-230 Koblyka, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register, under KRS number: 0001048555, NIP: 1251752531, REGON: 525909540, share capital of 20,000.00 PLN (fully paid), correspondence address: Ksiedza Teodora Zaganczyka 20A 05-230 Koblyka, e-mail: info@creasocks.com.
4. Buyer – a Consumer or Entrepreneur using the services provided by the Seller electronically through the Online Store or concluding a Sales Agreement with the Seller,
5. Consumer – a consumer within the meaning of Article 221 of the Act of April 23, 1964 - Civil Code, i.e., a natural person with full legal capacity or – in cases provided by law – limited legal capacity, concluding a Sales Agreement with the Seller or using the services provided by the Seller electronically in a scope not directly related to their business or professional activity,
6. Entrepreneur – an entrepreneur within the meaning of Article 431 of the Civil Code, i.e., a natural person, legal person, or organizational unit without legal personality, granted legal capacity by law, conducting business or professional activity on their own behalf, concluding a Sales Agreement with the Seller or using the services provided by the Seller electronically,
7. Registration Form – a form available in the Online Store allowing the creation of an Account,
8. Account – a set of resources in the Seller's IT system marked with an individual name (login) and password assigned to the Buyer, in which the Buyer's data is collected, including, in particular, information about Orders placed, and the creation of which requires the Buyer to complete the Registration Form,
9. Order Form – a form available in the Online Store that allows the Buyer to place an Order and process it after creating an Account, as well as without the need to create an Account,
10. Order – a declaration of intent by the Buyer, constituting an offer to conclude a Sales Agreement with the Seller,
11. Sales Agreement – a sales agreement within the meaning of the Civil Code, concluded between the Seller and the Buyer remotely via the Online Store, in Polish, concerning the purchase of Goods,
12. Cart – a virtual tool enabling the Buyer to aggregate selected Goods before purchasing them and calculating their value, where the Buyer can freely manage the contents of the Cart by adding or removing Goods,
13. Goods – a movable item available in the Online Store, which is the subject of the Sales Agreement,
14. Proof of Purchase – a bank transaction confirmation or electronic VAT invoice issued by the Seller and confirming the conclusion of the Sales Agreement,
15. Promotion – a strictly defined time-limited price discount on selected Goods, which may be the subject of a Sales Agreement, or another benefit provided to the Buyer in connection with concluding a Sales Agreement or creating an Account,
16. Newsletter – a service provided electronically by the Seller upon prior consent of the Buyer, consisting of the automatic receipt by the Buyer of the most important information, including commercial information, related to the Online Store, sent to the email address provided by the Buyer,
17. Materials – photos of Goods and other materials (including, in particular, texts, graphics, logos, source codes) that are works within the meaning of the Act of February 4, 1994, on copyright and related rights, posted in the Online Store and owned by the Seller or used by the Seller with the consent of a third party to whom the intellectual property rights to the Materials belong,
18. Privacy Policy – a document available in the Online Store, specifying the rules related to the processing of personal data by the Seller within the Online Store, constituting the fulfillment of the information obligation referred to in the data protection regulations,
19. Appendix No. 1 (Complaint Form) – an attachment to the Terms and Conditions, a template form allowing the submission of a complaint as referred to in § 8 of the Terms and Conditions,
20. Appendix No. 2 – an attachment to the Terms and Conditions, a template declaration of withdrawal from the Sales Agreement, as referred to in § 9 of the Terms and Conditions,
21. Civil Code – the Act of April 23, 1964 - Civil Code,
22. Act – the Act of May 30, 2014, on consumer rights.

§ 2 General provisions

1. These Terms and Conditions apply to Sales Agreements and other services provided by the Seller via the Online Store.
2. The services provided electronically by the Seller in the Online Store include enabling the Buyer to:
a) conclude Sales Agreements under the terms specified in these Terms and Conditions,
b) create and maintain an Account in the Online Store,
c) receive the Newsletter,
d) use other services available in the Online Store.
3. Announcements, advertisements, price lists, and other information about the Goods provided in the Online Store should be considered as invitations to conclude a Sales Agreement within the meaning of Article 71 of the Civil Code.
4. The Online Store conducts sales within and outside the territory of the Republic of Poland.
5. All Goods available in the Online Store are original, brand new (free from defects), and compliant with applicable standards, requirements, and legal regulations.
6. The Seller exercises the utmost diligence in fulfilling Sales Agreements and Orders.
7. Promotions may be organized in the Online Store under the terms specified and communicated to the public in the Online Store by the Seller.
8. When informing about price reductions of goods or services, the Seller will display, alongside the reduced price, information about the lowest price of that good or service that was in effect within 30 days before the reduction. If a given Good has been offered for sale for less than 30 days, the Seller will also display information about its lowest price from the date the Good was first offered until the reduction.
9. The periods referred to in the previous point do not apply to Goods that deteriorate rapidly or have a short shelf life. In the case of such Goods, the Seller will display information about the price before the first reduction alongside the reduced price.
10. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Buyer who is a Consumer, granted to them under generally applicable laws, including, in particular, the provisions of the Civil Code and the Act. In case of any inconsistency between the provisions of these Terms and Conditions and the laws referred to in this point, the latter shall prevail.
11. The provisions of the Terms and Conditions applicable to Consumers also apply to an Entrepreneur who is a natural person conducting business activity registered in the Central Register and Information on Economic Activity (CEIDG), who concludes a Sales Agreement directly related to their business activity, provided that from the content of the Sales Agreement, it follows that it does not have a professional nature for such an entrepreneur. Verification of whether a given activity has a professional nature will be conducted, in particular, based on CEIDG data regarding the subject of the conducted activity based on PKD codes. The provisions of Article 558§1, second sentence, and Articles 563 and 567 § 2 of the Civil Code do not apply to the Buyer referred to above.
12. Effective use of the Online Store requires a device (computer, phone, tablet, or other mobile device) with an up-to-date web browser (e.g., Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari, or others), a keyboard or other pointing device to correctly fill out electronic forms, a stable internet connection, and an active account with a chosen email service.

§ 3 Rules for Using the Online Store

1. The Buyer is obliged to use the Online Store in compliance with applicable laws, principles of social coexistence, and good customs, with respect for the personal rights and intellectual property rights of third parties.
2. The Buyer may not undertake any actions that could affect the proper functioning of the Online Store, including, in particular, the Buyer may not:
a) interfere with the content and graphic elements of the Online Store,
b) post unlawful content in the Online Store,
c) introduce harmful data into the Online Store as an IT system, particularly in the form of malware, i.e., viruses, spyware, etc.
d) use the Online Store for purposes other than its intended purpose, specifically, the Buyer may not send SPAM or similar messages or conduct any business, commercial, advertising, or promotional activity within the Online Store on their behalf.
3. When filling out the Registration Form or Order Form, the Buyer is obliged to familiarize themselves with the content of the Terms and Conditions and the Privacy Policy and accept their content.
4. While using the Online Store, the Buyer is required to provide true and accurate data and information necessary to create an Account or conclude and execute a Sales Agreement.
5. It is prohibited to provide third-party personal data via the Online Store without their consent.
6. It is prohibited to use another person's Account in the Online Store or to share their Account with third parties without the consent of the Seller and the Buyer holding that Account.
7. The Seller may remove an Account if the Buyer violates the provisions of the Terms and Conditions.
8. The Seller will ensure proper functioning of the Online Store through regular maintenance and ongoing updates to the platform on which the Online Store operates.
9. The Seller may suspend the provision of services or access to the Online Store temporarily if technical interruptions occur. The Seller will inform the Buyer of such interruptions on the website of the Online Store in advance, if possible.

§ 4 Account creation

1. To create an Account, the Buyer must complete the Registration Form and click the designated button. During registration, the Buyer will set their own password.
2. After creating the Account, the Buyer will immediately gain access to the Account via their individual login and password. The Account in the Online Store is established for an indefinite period, and holding it does not impose any financial obligations on the Buyer towards the Seller.
3. The Account can be deleted at any time directly by the Buyer using the functionalities available in the Online Store, following any additional steps indicated in the Online Store, or by sending a request to delete the Account to the Seller's email address: info@creasocks.com.

§ 5 Rules for Placing and Processing Orders

1. The Buyer may place an Order:
a) through their Account after completing the Order Form at any time — the Buyer should fill out the Registration Form (create an Account), add Products to the Cart, complete the Order Form, and confirm the Order with the designated button,
b) by filling out the Order Form available without creating an Account at any time — the Buyer should add Products to the Cart, complete the Order Form, and confirm the Order with the designated button.
2. Confirmation of the submission and acceptance of the Order for processing will be sent to the Buyer by the Seller in the form of an email after placing the Order in the manner indicated in the previous point.
3. The Sales Agreement between the Seller and the Buyer is considered concluded at the moment the Buyer receives the email mentioned in the previous point.
4. Orders placed on business days from Monday to Friday after 11:00 AM, as well as on Saturdays, Sundays, and other public holidays as specified in the Act of January 18, 1951, on Public Holidays, will be processed the next business day.
5. Orders submitted for processing may be canceled by a Consumer Buyer before the Product is shipped.
6. The processing time for an Order (completing the Order and preparing it for shipment) is up to 2 business days, taking into account points 7 and 8 of this paragraph.
7. The processing time for an Order mentioned in point 6 of this paragraph may be extended in case of force majeure, understood as unavoidable, extraordinary, unforeseeable circumstances beyond control, which could not be avoided despite taking all reasonable measures, for the duration of such circumstances.
8. In the event of Product unavailability, the Buyer will be informed, and then may either agree to extend the processing time of the Order as specified in point 6 of this paragraph, or cancel the ordered Product or the entire Order.
9. The Seller reserves the right to cancel the Order if the Buyer, despite a request, does not complete within 3 days the deficiencies required for effective processing of the Order, taking into account § 6 point 7 of the Regulations.

§ 6 Payments

1. In connection with the processing of Orders and Agreements, the Seller is entitled to compensation according to the prices available in the Online Store and applicable at the time of placing the Order.
2. The Seller does not apply price profiling to Buyers.
3. Prices listed in the Online Store are expressed in EUR/GBP/USD, are gross prices, and include all components, including VAT and customs duties. However, prices do not include any delivery costs for the Product, which are indicated before placing the Order.
4. The Buyer will be informed of the total price for the Products included in the Order, which includes delivery costs, before placing the Order.
5. A Purchase Receipt is attached to each Order, with the Buyer receiving the Receipt in electronic form at the email address provided in the Registration Form or Order Form. The Seller is not obligated to keep a cash register based on the Regulation of the Minister of Finance of December 22, 2021, on exemptions from the obligation to keep sales records using cash registers (item 36 of the attachment to the aforementioned Regulation).
6. During the Order process, the Buyer may choose one of the following payment methods for the ordered Products:
a) payment by regular or online bank transfer to the Seller’s bank account — the Order is shipped only after the full amount for the Order is credited to the Seller’s bank account,
b) payment by Visa, MasterCard, Discover, or American Express card — the Order is shipped only after positive authorization of the full amount for the Order,
c) payment via online platforms IdoPay, PayPal — the Order is shipped only after positive authorization of the full amount for the Order.
7. If one of the payment methods mentioned in point c of the previous section is chosen, and the Buyer does not make the payment within 3 days from the date of Order confirmation, the Seller may request the Buyer to make the payment within no less than 3 days. If the request is not complied with within the specified period, the Seller may cancel the Order, informing the Buyer by email or telephone.
8. In the case of payment delay by a Buyer who is an Entrepreneur, the Seller is entitled to statutory interest for delay in commercial transactions and costs of debt recovery in accordance with the provisions of the Act of March 8, 2013, on counteracting excessive delays in commercial transactions.
9. Online payments made through the Online Store, as mentioned in point 6 lit. a-c of this paragraph, are handled through the platform:
a) PayPal available at www.paypal.com — by PayPal Polska sp. z o.o. with its registered office at ul. Emilii Plater 53, 00-113 Warsaw, KRS: 0000289372, NIP: 5252406419, REGON: 141108225.

§ 7 Delivery

1. During the Order process, the Buyer may choose one of the following methods of receiving the ordered Products:
a) delivery of the Products to the Buyer’s address provided during the Order process by a courier company,
b) pickup of the ordered Products from a parcel locker.
2. Delivery costs are charged according to current delivery rates and depend on the weight and size of the shipment. The Buyer is informed about the delivery costs before placing the Order. In the case of shipping Products outside the country, the delivery cost is determined individually based on the estimated weight of the package and the destination country.
3. Delivery costs are borne by the Buyer.
4. The Buyer is obliged to collect the shipped Product.
5. A Buyer who is an Entrepreneur must inspect the shipment in the presence of the courier or at the time of delivery, with the exception of the Entrepreneur referred to in § 2 point 11 of the Regulations.
The Seller recommends that a Consumer Buyer and the Entrepreneur referred to in § 2 point 11 of the Regulations inspect the shipment in the presence of the courier. Failure to inspect the shipment does not halt any potential complaint as mentioned in § 8 of the Regulations, but if such an inspection is conducted, the complaint procedure will be significantly streamlined.

§ 8 Complaints

1. The Seller is liable to the Buyer who is a Consumer or an Entrepreneur as defined in § 2 point 11 of the Regulations for the lack of conformity of the Goods with the Contract, provided that the defect is reported within two years from the date of delivery of the Goods to the Buyer, according to the provisions of this paragraph.
2. If the Goods are not in accordance with the Contract, the Buyer may request repair or replacement. The complaint should include: the Buyer’s details, information about the Goods and Order, description and date of the defect in the Goods, and the Buyer’s request. The Buyer is also required to provide the original or a copy of the Proof of Purchase or other proof of purchase of the complained Goods.
3. To facilitate the complaint procedure, the Seller provides a Complaint Form on the Store's website, which is Appendix 1 to these Regulations.
4. Complaints should be submitted:
a) in paper form – by mail to the Seller's address: Ksiedza Teodora Zaganczyka 20A 05-230 Koblyka,
b) in electronic form – to the Seller's email address: info@creasocks.com
5. The Seller is obliged to handle the complaint submitted by the Buyer within 14 days of its receipt. If the Seller does not provide information within the aforementioned period, it is deemed that the Seller has accepted the complaint.
6. The Seller may replace the Goods if the Buyer requests repair, or the Seller may repair the Goods if the Buyer requests replacement, if bringing the Goods into conformity with the Contract in the manner chosen by the Buyer is impossible or would involve excessive costs for the Seller. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Contract.
7. In assessing the excessive cost for the Seller, all circumstances of the case are considered, in particular the significance of the lack of conformity of the Goods with the Contract, the value of the Goods in conformity with the Contract, and the excessive inconvenience to the Buyer resulting from the change in the manner of bringing the Goods into conformity with the Contract.
8. The Seller performs the repair or replacement within a reasonable time from the moment the Seller has been informed by the Buyer about the lack of conformity with the Contract, and without excessive inconvenience to the Buyer, considering the specificity of the Goods and the purpose for which the Buyer purchased them. The Seller bears the costs of repair or replacement, including in particular postage, transport, labor, and material costs.
9. The Buyer makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Buyer at its own cost.
10. If the Goods are not in accordance with the Contract, the Buyer may submit a statement of price reduction or withdrawal from the Contract when:
a) The Seller has refused to bring the Goods into conformity with the Contract, according to point 7 of this paragraph,
b) The Seller has not brought the Goods into conformity with the Contract,
c) The lack of conformity of the Goods with the Contract still exists, despite the Seller’s attempts to bring the Goods into conformity with the Contract,
d) The lack of conformity of the Goods with the Contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the rights described in point 3 of this paragraph,
e) The Seller’s statement or circumstances clearly indicate that the Seller will not bring the Goods into conformity with the Contract within a reasonable time or without excessive inconvenience to the Buyer.
11. The reduced price must remain in proportion to the price resulting from the Contract, in which the value of the Goods not in accordance with the Contract relates to the value of the Goods in accordance with the Contract.
12. The Seller refunds the amounts due to the Buyer as a result of exercising the right to reduce the price immediately, but no later than 14 days from the day of receiving the Buyer’s statement of price reduction.
13. The Buyer cannot withdraw from the Contract if the lack of conformity of the Goods with the Contract is minor. It is assumed that the lack of conformity of the Goods with the Contract referred to in Article 43b of the Act is significant.
14. If the lack of conformity with the Contract concerns only some of the Goods delivered under the Contract, the Buyer may withdraw from the Contract only in relation to those Goods, as well as in relation to other Goods purchased by the Buyer along with the Goods not in conformity with the Contract, if it cannot reasonably be expected that the Buyer would agree to retain only the Goods in conformity with the Contract.
15. In the event of withdrawal from the Contract, the Buyer immediately returns the Goods to the Seller at the Seller’s expense. The Seller refunds the Buyer the price immediately, but no later than 14 days from the day of receiving the Goods or proof of its return.
16. The Seller refunds the price using the same payment method as used by the Buyer, unless the Buyer explicitly agrees to a different refund method that does not involve any costs for them.
17. The provisions of this paragraph do not apply to Entrepreneurs (except for Entrepreneurs referred to in § 2 point 11 of the Regulations. The Seller’s liability under the warranty towards Buyers who are Entrepreneurs is entirely excluded.

§ 9 Withdrawal from the Sales Contract

1. The Buyer who is a Consumer and an Entrepreneur as defined in § 2 point 11 of the Regulations has the right to withdraw from the Sales Contract as a distance contract, without giving any reason, within 14 days from the date of receipt of the Goods, unless there is an exception referred to in point 9 of this paragraph.
2. To exercise the right referred to in the preceding point, the Buyer must submit a statement of withdrawal from the Sales Contract within the specified period:
a) in paper form – by mail to the Seller's address: Ksiedza Teodora Zaganczyka 20A 05-230 Koblyka,
b) in electronic form – to the Seller's email address: info@creasocks.com
3. To facilitate the submission of the withdrawal statement, the Seller provides on the Store's website:
4. Upon withdrawal from the Sales Contract, the Buyer is obliged to return the Goods along with the original or a copy of the Proof of Purchase or other proof of purchase of the returned Goods, within 14 days from the date of submitting the withdrawal statement. Returns of Goods covered by the withdrawal statement sent at the Seller’s expense or cash on delivery will not be accepted by the Seller.
5. The Buyer bears the cost of sending the returned Goods.
6. The Buyer is liable for the reduction in value of the Goods resulting from their use in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the Goods.
7. The Seller refunds the Buyer the price of the Goods and the delivery costs incurred by the Buyer at the time of purchasing the Goods (except for additional costs resulting from the Buyer’s chosen delivery method other than the cheapest delivery method offered by the Seller), no later than 14 days from the day the Seller is informed of the withdrawal from the Contract.
8. The Seller makes the refund using the same payment method used by the Buyer for the purchase of the Goods, unless the Buyer explicitly agrees to a different refund method.
9. The right to withdraw from the Sales Contract referred to in this paragraph does not apply in the case of:
a) Sales Contracts where the subject matter is a non-prefabricated item made according to the Buyer’s specifications or serving to satisfy their individualized needs,
b) Sales Contracts where the subject matter is a perishable item or has a short shelf life,
c) Sales Contracts where the subject matter is an item delivered in a sealed package, which after opening cannot be returned for health or hygiene reasons, if the package was opened by the Buyer after delivery,
d) Specific Sales Contracts where the subject matter consists of items that, due to their nature, become inseparably connected with other things after delivery.
10. Details regarding the use of the right to withdraw from the Sales Contract – as a distance contract – are governed by the provisions of the Act.
11. The provisions of this paragraph do not apply to Buyers who are Entrepreneurs; for them, the right to withdraw from the Sales Contract is excluded – except for Entrepreneurs referred to in § 2 point 11 of the Regulations.

§ 10 Opinions

1. An opinion regarding the order service or the Goods can be submitted during a visit to the Online Store by clicking on the interface next to the Goods or by clicking on the link in the email. Submitting an Opinion is voluntary and free of charge. For a single order, the Customer can only submit one Opinion.
2. In the Opinion, the Customer can rate with stars from 1 to 5 and add a text comment limited to 65,535 characters.
3. The Seller verifies Opinions using the email address used in the purchase process of the Goods. An Opinion submitted by a person using the email address used in the purchase process is marked on the Store’s site as "purchase verified review". Any other Opinion is marked as "unverified review".
4. The Seller may publish Opinions about the Goods from other of their Online Stores.
5. The Seller does not alter Opinions regarding their content or assigned star ratings.
6. The Buyer is solely responsible for the content of the Opinion submitted. The Seller does not verify the truthfulness of Opinions.
7. Opinions must not contain: false or misleading information, insults or offensive content, including racist, sexist, or other content that may be considered illegal, contrary to social norms or the principles of morality, or content promoting illegal activities.
8. The Seller reserves the right to hide Opinions on the Store’s website if the Opinion content is inconsistent with the regulations.
9. Opinions will be available in the Store for the entire duration of the Seller’s provision of services in the Store. Reviews can be hidden at the request of the Buyer, but the star rating affects the overall rating.

§ 11 Final Provisions

1. The Seller reserves the right to introduce restrictions on the use of the Online Store due to technical maintenance, service work, or improvements to its functionality. The Seller commits to making every effort to ensure that such restrictions and interruptions occur during night hours and last as briefly as possible.
2. The Seller reserves the right to amend these Terms and Conditions. Changes will take effect at the time explicitly indicated by the Seller, but no sooner than 7 days from the date of their announcement, unless changes are necessary to ensure compliance with applicable regulations. Orders placed before the changes take effect will be processed according to the terms in force at the time of ordering. If a Buyer does not agree with the changes to these Terms and Conditions, they should cease using the Online Store.
3. Any disputes between the Seller and the Buyer – provided there is mutual consent – will be resolved amicably or in the presence of an independent and impartial mediator.
4. A Buyer who is a Consumer may:
a) Use out-of-court methods for handling complaints and pursuing claims, as specified in the Act of September 23, 2016, on Out-of-Court Consumer Dispute Resolution. The entity authorized to conduct proceedings in the matter of out-of-court consumer dispute resolution, to which the Seller is subject, is the Mazovian Provincial Inspector of Trade Inspection in Warsaw (address: ul. Sienkiewicza 3, 00-015 Warsaw, email: ih_warszawa@wiih.org.pl, website: http://www.wiih.org.pl/index.php?id=1).
b) File a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
5. If an amicable resolution of the dispute is not possible, the court competent for resolving disputes will be the court having jurisdiction over the Seller’s registered office/headquarters. In the case of a Buyer who is a Consumer, the competent court will be determined according to general rules.
5. For matters not regulated by these Terms and Conditions, the applicable provisions of generally binding law will apply, including in particular the provisions of the Civil Code, the Consumer Rights Act, the Copyright and Related Rights Act, and regulations on the protection of personal data.
6. These Terms and Conditions are effective from January 1, 2023, and apply to contracts concluded after January 1, 2023. For contracts concluded before January 1, 2023 (up to December 31, 2022), the previous terms and conditions will apply.