OVERCEZ ONLINE STORE TERMS AND CONDITIONS
§ 1. INTRODUCTORY PROVISIONS
1. The Overcez Store, available at www.overcez.pl, operates in accordance with the terms set forth in these Terms and Conditions.
2. These Terms and Conditions apply to both Consumers and Business Customers with consumer rights, as well as other Business Customers using the Store, and set forth the rules for using the Online Store, as well as the rules and procedures for entering into distance sales contracts with Customers through the Store.
3. By using the Overcez Online Store as a Customer, you agree to review these Terms and Conditions and to comply with them.
4. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply.
§ 2. LEGAL DEFINITIONS
The following definitions will help you understand the meaning of the capitalized terms used in these Terms and Conditions:
1. Price – the gross amount (including tax), specified in Polish zlotys or another currency, due to the Seller for the transfer of ownership of the Product to the Customer, in accordance with the Sales Agreement. The Price does not include delivery costs, unless the terms of a Promotion provide otherwise;
2. Customer – a natural person with full legal capacity, or a natural person with limited legal capacity who has the legally valid consent of a legal representative to enter into the Sales Agreement, as well as a legal entity or an organizational unit without legal personality but possessing legal capacity;
3. Civil Code – Act of April 23, 1964, Civil Code;
4. Consumer – a natural person who enters into a legal transaction with the Seller through the Store that is not directly related to their business or professional activities;
5. Shopping Cart – a list of products selected from those offered in the Store, based on the Customer’s choices;
6. Privacy Policy – the rules governing the processing of Customers’ personal data, Customers’ rights, and the data controller’s obligations, available on the Seller’s website;
7. Consumer Rights – the Act of May 30, 2014, on Consumer Rights;
8. Product — a movable item available in the Store that is the subject of a Sales Agreement between the Customer and the Seller. The products offered by the Seller through the Store are unique and collectible items and, due to their specific nature, are secondhand. Because the products were previously owned by third parties, they are classified as used goods, and it is reasonable for them to possess the characteristics of such goods.
9. Promotions—special terms and conditions of sale or service provision that have been separately regulated or articulated and may be available through the Online Store (e.g., reductions in Price or shipping costs);
10. Business Entity—a natural person, a legal entity, or an organizational unit that is not a legal entity but is granted legal capacity by a separate statute, which conducts business activities and enters into a Sales Agreement with the Seller;
11. Entrepreneur with Consumer Rights—a natural person who enters into a Sales Agreement with the Seller, directly related to their business activity but not of a professional nature for that person, as determined in particular by the subject matter of their business activity, as disclosed pursuant to the provisions on the Central Register and Information on Business Activity;
12. Terms and Conditions—this document;
13. Store – the online store operated by the Seller at the web address www.overcez.pl;
14. Seller – Cezary Jarzyna, conducting business under the name Overcez Cezary Jarzyna, registered in the Central Register and Information on Economic Activity (CEIDG) under the number, Tax Identification Number (NIP): 8571930564, REGON: 388122685, with its registered office at Lisowa 22, 72-310 Płoty.
15. Digital Content – content posted on the website www.overcez.pl, in particular in the “Blog” tab, consisting of articles and industry posts, which constitutes data created and provided in digital form, to which access is anonymous and free of charge.
16. Sales Agreement – a contract for the sale of a Product entered into or concluded between the Customer and the Seller through the Online Store;
17. Distance Contract – a contract concluded with the Customer as part of an organized system for concluding distance contracts (i.e., through the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication up to and including the moment the contract is concluded;
18. Order – a declaration of intent by the Buyer submitted through the Seller, clearly specifying the type and quantity of products, the method of delivery and payment, the delivery address, and the Customer’s details, with the aim of concluding a Sales Agreement. The Seller’s confirmation of the Order for a given Product constitutes the moment of conclusion of the Sales Agreement.
§ 3. CONTACTING THE STORE
1. As a Customer, you may contact the Seller via email or private message on Instagram 24 hours a day, 7 days a week:
a. at the Seller’s email address: overcezkontakt@gmail.com, and
b. through the Seller’s Instagram profile: @overcez
§ 4. TECHNICAL REQUIREMENTS
To use the Store, including browsing the Store’s product selection and placing orders for Products, you will need:
a. A device with Internet access;
b. One of the following web browsers: Firefox, Safari, Google Chrome, or Opera;
c. Cookies enabled;
d. An active email account.
§ 5. GENERAL TERMS OF USE OF THE STORE
1. To the fullest extent permitted by law, the Seller shall not be liable for disruptions, including interruptions in the Store’s operation, caused by force majeure, unauthorized actions by third parties, or the Online Store’s incompatibility with the Customer’s technical infrastructure.
2. Browsing the Store’s product selection does not require creating an Account.
3. Orders may be placed after providing an email address, the necessary personal and shipping information required to fulfill the order, and acceptance of the terms and conditions of these Terms and Conditions.
4. Orders may be placed through the Store year-round, 24 hours a day, subject to paragraph 1 of this section.
§ 5A. PRODUCT SEARCH AND FILTERING
1. The Buyer has the right to filter Products during a search by clicking on the “SORT BY” tab.
2. The Buyer has the right to use the following filters:
a. Recommended: Filters based on the number of unique page views for a given product and the number of pairs sold over the past month;
b. New Arrivals: Filters based on the date the product was added to the website;
c. Price from Lowest to Highest: Filters based on the price listed in PLN as the gross amount;
d. Price from Highest to Lowest: Filters based on the price listed in PLN as the gross amount;
e. Name A to Z: Refers to filtering by product name in alphabetical order;
f. Name Z to A: Refers to filtering by product name in alphabetical order;
3. The default filter applied when clicking “ALL” is the “New Arrivals” filter.
§ 5B. INTENDED USE OF THE PRODUCT AND RULES OF USE
1. The “intended use” of the Product refers to descriptions provided by the Seller in the descriptions of certain Products, which clearly indicate the scope and manner of proper use of the Product, which may vary depending on the specific model or type of Product.
2. Failure to comply with the intended use of the Product and the rules for its proper use, if specified by the Seller in the Product description, may result in damage that is not covered by a warranty claim.
§ 5C. PROMOTIONS AND SALE EVENTS
1. For each offer that is part of a promotion or sale event, the Seller shall include information regarding the previous price charged by the Seller for the Product in question.
2. The previous price means the lowest price charged by the Seller during the 30-day period prior to the price reduction.
3. If fewer than 30 days have passed between the application of the price reduction to the Product and the date the Product was listed on the website, the provisions of paragraph 2 shall still apply.
§ 6. ORDERING PROCEDURES
To place an Order, you must:
1. Select the Product to be included in the Order, then click the “Add to Cart” button;
2. Select “Proceed to Checkout” once you have finished selecting Products. If you wish to select additional Products, you may continue shopping by adding them to the Shopping Cart one at a time. Select “Proceed to Checkout” when the Shopping Cart contains the desired number of Products;
3. Enter your email address in the field provided;
4. Confirm that you have read the Terms and Conditions and accept their provisions when placing the Order.
5. Click “Place Order,” then provide your first and last name, phone number, and the delivery address for the Product. The Seller is not liable for incorrectly provided information, particularly address details.
6. Select the shipping method (how the Product will be delivered), then, after proceeding, review the Payment Information and select a payment method for the order;
7. Click the “Place Order” button, which constitutes the Customer’s acceptance of the contract;
8. Depending on the selected payment method, the Order must be paid for within the specified time frame, subject to § 8, point 3.
§ 7. AVAILABLE DELIVERY AND PAYMENT METHODS
1. The Customer may use the following methods for delivery or pickup of the ordered Product:
a. DPD courier delivery;
b. Delivery to an Inpost 24/7 parcel locker.
2. The Customer may use the following payment methods:
a. Payment by traditional bank transfer to the Seller’s account, to the bank account specified in the Order;
b. Payment via the Stripe payment gateway;
c. Payment via Apple Pay / Google Pay.
d. Cash on delivery with a 10% prepayment of the order total. The customer pays 10% of the order total when placing the order via electronic payment, while the remaining 90% is paid to the carrier upon delivery.
3. The delivery costs for the Product, which are covered by the Customer, are determined during the Order placement process and depend on the selected payment method and delivery method for the purchased Product.
§ 7A. REVIEWS
1. Only a Customer who has purchased a Product through the Store is entitled to post a review regarding the Store.
2. Only a Customer who has purchased a specific Product is entitled to post a comment or review regarding that Product.
3. The Seller verifies the authenticity of the reviews and comments referred to in paragraphs 1 and 2 based on the personal data obtained upon conclusion of the Sales Agreement.
4. The Seller reserves the right to block false negative reviews as part of measures to ensure that reviews come from Customers who have actually purchased the Product and used it in accordance with its intended purpose.
§ 8. PERFORMANCE OF THE SALES AGREEMENT
1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Store, in accordance with § 6 of the Terms and Conditions.
2. After the Order is placed, the Seller confirms receipt within 24 hours and simultaneously accepts the Order for fulfillment. Confirmation of receipt of the Order and its acceptance for fulfillment is made by the Seller sending the Customer an appropriate message to the Customer’s email address provided when placing the Order, which contains at least the Seller’s statements regarding receipt of the Order and its acceptance for fulfillment, as well as confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of the aforementioned email, the Sales Agreement between the Customer and the Seller is concluded.
3. If the Customer chooses to pay by traditional bank transfer, electronic payment, or credit/debit card, the Customer is required to make the payment within 3 (in words: three) calendar days from the date of conclusion of the Sales Agreement—otherwise, the order will be canceled.
4. The delivery period for the Product to the Customer begins as follows:
a. If the Customer selects payment by bank transfer, electronic payment, or credit/debit card—from the date the Seller’s bank account is credited.
5. The Product will be shipped to the Customer by the Seller within the timeframe specified in the Product description (subject to subsection 4 of this paragraph), using the shipping method selected by the Customer when placing the Order.
6. If the Customer selects a “made-to-order” Product, the Product will be shipped to the Customer within the timeframe specified in the Product description. The Seller will additionally notify the Customer that the Product is ready for shipment by sending a message to the Customer’s email address provided when placing the Order.
7. If Products with different shipping dates are ordered, the shipping date shall be the latest date specified.
8. Products are shipped within Poland and to select European countries. The current list of countries to which shipping is available is displayed when placing an Order.
§ 9. RIGHT TO WITHDRAW FROM THE AGREEMENT
1. A Consumer or a Business with consumer rights may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The period specified in paragraph 1 begins upon delivery of the Product to the Consumer or a Business with consumer rights, or to a person designated by them other than the carrier.
3. A Consumer or a Business with consumer rights may withdraw from the Agreement by submitting a notice of withdrawal to the Seller. To meet the deadline for withdrawal, it is sufficient for the Consumer or the Business with consumer rights to send the notice before the deadline expires.
4. The notice may be sent electronically by email to the Seller’s email address or by regular mail to the Seller’s address: Cezary Jarzyna OVERCEZ, Lisowo 22, 72-310 Płoty.
The notice may also be submitted using the form, a template of which is provided in Appendix 1 to these Terms and Conditions and as an appendix to the Act of May 30, 2014, on Consumer Rights.
5. Effects of Withdrawal from the Contract:
a. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded;
b. In the event of withdrawal from the Contract, the Seller shall refund to the Consumer or a Business with consumer rights, without delay and no later than within 14 days from the date of receipt of the notice of withdrawal from the Contract, all payments made by the Consumer or Business with consumer rights, including delivery costs, except for additional costs resulting from the chosen delivery method, other than the cheapest standard delivery method offered by the Seller;
c. The Seller shall refund the payment using the same payment methods used by the Consumer or Business with consumer rights in the original transaction, unless the Consumer or Business with consumer rights has expressly agreed to an alternative solution that does not entail any costs for them;
d. The Seller will withhold the refund until the Product is returned;
e. The Consumer or Business with consumer rights should return the Product to the Seller’s address specified in these Terms and Conditions without delay, no later than 14 calendar days from the date on which they received the ordered Product;
f. The Consumer or Business with consumer rights shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, it could not be returned by regular mail;
g. A Consumer or a Business with consumer rights may exercise the right to withdraw from the contract only if the original tags and the so-called “hygiene seal” have not been removed from the Product, which ensures the Product’s resaleability, in accordance with Article 38(5) of the Consumer Law, to which the Consumer or Business with consumer rights hereby consents. Even if the so-called “hygiene seal” has not been removed, the Product must remain intact for the withdrawal from the contract to be valid. The term “Product” includes all items received by the Consumer or a Business with consumer rights at the time of purchase. This means that the Product consists not only of the purchased footwear but also the packaging and any accessories included as part of the Product or box. The courier company’s packaging is not considered part of the Product or box. Upon discovering any damage described in this paragraph, the Consumer or a Business acting as a consumer may withdraw from the contract only with the Seller’s express consent.
§ 10. COMPLAINTS
1. If a Product purchased from the Seller has a defect other than that specified in the Product description:
a) A Customer who is a Consumer or an Entrepreneur with consumer rights has the right to file a complaint pursuant to the provisions of the Consumer Rights Act of May 30, 2014, which define the basis and scope of the Seller’s liability toward a Customer who is a Consumer or an Entrepreneur with consumer rights;
b) A Customer who is an Entrepreneur has the right to file a complaint based on the provisions of the Civil Code of April 23, 1964, regarding warranty, which define the basis and scope of the Seller’s liability toward a Customer who is an Entrepreneur.
2. The Seller is liable to a Customer who is a Consumer or an Entrepreneur with consumer rights for any lack of conformity of the Product with the Sales Agreement that existed at the time of delivery of the Product and was discovered within 2 years from that time.
3. A complaint must be submitted in writing or electronically to the Seller’s contact addresses provided in these Terms and Conditions. A Customer who is a Consumer or an Entrepreneur with consumer rights has the right to demand a price reduction or to withdraw from the contract, unless the Seller immediately and without undue inconvenience to the Customer who is a Consumer or an Entrepreneur with consumer rights replaces the defective product with a non-defective one or remedies the defect. This limitation does not apply in the cases provided for in Article 43e of the Consumer Rights Act.
4. The complaint must include, among other things, the Order number, a brief description of the defect confirmed by a photograph of the Product, the circumstances (including the exact date) of its occurrence, the details of the Customer filing the complaint, and the Customer’s request regarding the Product’s defect.
5. The Seller will respond to the complaint request immediately, no later than within 14 days; if the Seller fails to do so within this period, the request of the Customer—whether a Consumer or a Business with consumer rights—shall be deemed justified.
6. The Seller reserves the right to require the Customer to return the Product they purchased in order to fully review the complaint.
7. Goods returned as part of the complaint procedure should be sent to the following address: Cezary Jarzyna OVERCEZ, Lisowo 22, 72-310 Płoty.
8. The Seller reserves the right to reject a complaint if signs of use or misuse of the Product by the Customer or third parties are found. The Seller shall make the final decision on whether to accept or reject the complaint. The Seller is required to state the reason for rejecting the complaint in its explanation.
§ 11. PERSONAL DATA
Information regarding the processing of personal data is contained in the Privacy Policy available at the following link: [x].
§ 12. LICENSES
1. The Seller holds exclusive rights to the content made available or posted on the Online Store, including, in particular, copyrights, the Store’s name (trademark), its graphic elements, software, and rights related to databases, Digital Content, and Product descriptions are subject to legal protection and are held by the Seller or entities with which the Seller has entered into relevant agreements. The Customer is entitled to use the aforementioned content free of charge, as well as to use content posted in accordance with the law and already distributed by other Customers within the Store, but solely for their own personal use and exclusively for the purpose of properly using the Store, worldwide. Use of the content for any other purpose is permitted only with the express, prior written consent of the authorized party, under penalty of nullity.
2. By posting any content on the Store—in particular graphics, comments, reviews, or statements—the Customer grants the Seller a non-exclusive, royalty-free license to use, record, modify, delete, supplement, publicly perform, publicly display, reproduce, and distribute (in particular on the Internet) such Content, worldwide. This right includes the authority to grant sublicenses to the extent justified by the performance of the Sales Agreement (including the operation and development of the Store), as well as the authorization to exercise, either independently or through third parties, derivative rights regarding the adaptation, modification, and translation of the work within the meaning of the Act on Copyright and Related Rights of February 4, 1994.
3. All trademarks and trade names appearing in the Store belong to their respective legal owners and are provided for informational purposes only.
§ 13. DIGITAL CONTENT
1. The Seller shall not be liable for the truthfulness, accuracy, substantive correctness, or usefulness of the information contained in the Digital Content, in particular in the form of articles published on the Store’s website under the “Blog” tab.
2. The Seller is not liable for any damage caused by the use of information contained in the Digital Content posted on the Store’s website.
3. The articles and posts constituting Digital Content posted on the Store’s website are current as of the date of their publication, unless otherwise indicated in their content.
§ 14. FINAL PROVISIONS
1. These Terms and Conditions are effective as of November 28, 2024.
2. Polish law applies to contracts for the sale of products in the Store. Contracts concluded through the Online Store are entered into in Polish.
3. The Seller reserves the right to amend these Terms and Conditions for valid reasons, namely: changes in legal regulations, changes in payment and delivery methods—to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
4. Failure to accept the provisions of these Terms and Conditions and the Privacy Policy prevents the purchase of Products offered by the Seller.
5. Any disputes arising from Sales Agreements between the Store and Consumers shall first be resolved through negotiation, with the intention of reaching an amicable settlement, in accordance with the Act on Out-of-Court Resolution of Consumer Disputes. However, if this is not possible or is unsatisfactory to either party, disputes will be resolved by the court having jurisdiction over such disputes in accordance with applicable law.
6. A Customer who is a Consumer also has the right to use out-of-court dispute resolution methods, in particular by filing, after the conclusion of the complaint procedure, a request to initiate mediation or a request for the case to be heard by an arbitration court. To this end, the Customer may, in particular, file a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.
