General terms and conditions

The following Terms and Conditions (Terms) apply to all purchase orders in our online shop available at https://pgwear.net/, operated by PGWEAR Piotr Nierodzik, based in: ul. Rzemieślnicza 30/46, Białystok 15-773, Poland, NIP (tax identification number): PL5422856418, REGON (statistical identification number): 200180817.

Share capital: n.a..
Our business activity is registered in the Central Register and Information on Economic Activity (CEIDG) maintained by the Ministry of Economic pursuant to the provisions of the Act on Freedom of Economic Activity.

1. Scope

Our terms apply to all orders placed via our online shop.

These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.

2. Contractual partner, formation of contract, options for corrections

The contract is concluded with PGWEAR Piotr Nierodzik.

By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.

3. Contract language, saving of the contract text

The language(s) available for concluding the contract: German, English, Polish

We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.

4. Delivery conditions

Delivery costs may apply to the product prices displayed. Further information on delivery costs, if applicable, are explained within individual product offers.

We only dispatch goods en route; pick up by the customer is not possible.

We do not deliver to a parcel locker.

5. Payment

The following payment methods are basically available in our online shop.

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

Credit Card
With the submission of the order, you provide your credit card details.
After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.

PayPal
During the ordering process you will be forwarded to PayPal’s website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction.
Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.

SOFORT by Klarna
After placement of the order, you will be forwarded to the online provider SOFORT GmbH’s website. In order to pay the invoice amount via SOFORT, you must have an online banking account with PIN/TAN process for participating in SOFORT online bank transfer, identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.

Google Pay
In order to pay the invoice amount via Google Pay, you have to be registered with the service provider Google, must have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submission of your order. Further information can be found during the ordering process.

Apple Pay
In order to pay the invoice amount via Apple Pay, you have to use the „Safari“ browser, be registered with the service provider Apple, must have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.

giropay

In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M (“giropay”) we offer the payment methods giropay.
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the ordering process.

Giropay may offer registered giropay customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with giropay. You can find more information on this in your giropay account.

Purchasing on account and financing by Klarna
In collaboration with Klarna AB (www.klarna.com), Sveavägen 46, Stockholm, Sweden, we can offer you the payment options of purchasing on account and payment by instalments. Please note that Klarna accounts and Klarna payment by instalments are only available for consumers and that payment has to be made to Klarna.

Klarna payment by instalments
Using the financing service from Klarna, you can pay for your shopping in flexible monthly instalments of at least 1/24 of the total amount (at minimum, however, 6.95 euros). You can find further information on Klarna payment by instalments including the General Terms and Conditions and Standard European Consumer Credit Information here.

Klarna account
By purchasing on account with Klarna, you receive the goods first and then always have a payment term of 14 days. The full general terms and conditions for purchasing on account are available here.

Financing via Klarna
IIn cooperation with Klarna AB (www.klarna.com), Sveavägen 46, Stockholm, Sweden, we offer you a Klarna Credit option of paying for your purchase. Please be informed that the Klarna Credit option is available only to consumers and that the payment must be made to Klarna. With Klarna’s financing service you can pay for your purchases flexibly in monthly instalments of at least 1/24 of the total amount due (however, not less than EUR 6.95). For more information on Klarna Credit option, as well as General Business Terms and the Standard European Consumer Credit Information form, click on this link.

6. Right to cancel

Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.

7. Damage during delivery

For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. Furthermore, businesses are subject to the inspection and notification requirements set out in art. 563 § 1 of Kodeks Cywilny (Polish Civil Code). The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

You can insure orders placed with us up to an order value of 2500 EUR free of charge via the buyer protection of Trusted Shops AG. The Trusted Shops buyer protection conditions apply, which you can find here. The buyer protection is concluded by clicking on the correspondingly designated button of the so-called Trustcard, which appears as a pop-up on the order-confirmation page after an order has been placed. In order to be able to offer you buyer protection, the trust card must access order data stored in the cache of your browser. Access is only local and no order data are transmitted to Trusted Shops before you explicitly opt for buyer protection or give your consent to the transmission of order data to Trusted Shops. When you have given your consent, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically protected. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms and Conditions linked above.

8. Agreement on the use of Trusted Shops Buyer Protection

9. Warranty and guarantees

We are under a legal duty to supply products that are in conformity with this contract. For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by:

• e-mail: shop@pgwear.net
• post: PGWEAR Piotr Nierodzik, Ul. Przędzalniana 8, 15-688 Białystok, Poland

When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. If, because of the kind of the thing or the manner of its assembly, it would be excessively difficult for the buyer to deliver the thing, the buyer shall be obliged to render the thing available for the seller at the place at which the thing is located.

10. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

11. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.

12. Final provisions

For businesses Polish law applies; the provisions of the UN Convention on Contracts of the International Sale of Goods are excluded.

For businesses, public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.