STORE REGULATIONS

§ 1

General Provisions

 

1. The owner of the store is DEFENSA STORE Sp. z o.o., with its registered office in Czechowice-Dziedzice, ul. Łukowa 34A, 43-502 Czechowice-Dziedzice, Poland, Tax Identification Number (NIP): 6521756608, National Business Registry Number (REGON): 529846776, hereinafter referred to as: “Defensa Store,” “https://defensastore.com,”
2. The party placing an order in the Online Store must be a natural person with full legal capacity and residence within the European Union, or any legal entity or organizational unit without legal personality but possessing legal capacity and having its registered office within the European Union – hereinafter referred to as the “Client” or “Buyer.”
3. In order to complete a sales transaction, the Buyer must either create an account in the Online Store or correctly complete the order form.
4. All prices listed in the Online Store are gross prices (including VAT), unless the offer directed to non-consumers states otherwise.
5. Orders in the Online Store may be placed 24 hours a day, throughout the entire year.
6. All product names and trademarks mentioned are used solely for identification purposes and may be registered trademarks of their respective owners.
7. By placing an order in the Online Store, the Buyer agrees, for the proper execution of the contract, to the delivery of digital content and to receive emails related to the order process from Defensa Store.
8. Receiving marketing communications from Defensa Store that are not directly related to the execution of an order is subject to the Buyer’s explicit consent via the Online Store. Such messages will be sent via email to the address provided by the Buyer. The Buyer may change their consent regarding the receipt of such messages at any time.

 

§ 2

Order Confirmation

 

1. To place an order, the order form must be completed correctly. The order confirmation is sent via email.
2. Once the order is placed by the Buyer, the Online Store promptly confirms its receipt. In the case of an order placed by a Client who is not a consumer within the meaning of Article 221 of the Polish Civil Code (i.e. a natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity), or by a natural person placing an order in the Online Store that is directly related to their business activity, where the nature of the order indicates that it is not of a professional nature—particularly considering the subject of their business activity disclosed in the Central Registration and Information on Business (CEIDG)—the Online Store reserves the right to refuse to fulfill the order if: there are no technical means to fulfill it,fulfilling the order would require significant reorganization of the Online Store’s operations, or dispatching the product within the proposed time requires further arrangements. In such cases, the Online Store will attempt to determine the most suitable method and timing for order fulfillment.
   3. If any of the products are marked as having “Limited Availability,” the Client will be informed by return email—without undue delay—of the possibility of fulfilling such an order after the order is placed. “Limited Availability” refers to the potential lack of stock for a product in a specific size or color.
   4. The order data and a withdrawal form template will be recorded, secured, and made available via email. The sales contract is concluded in Polish.
   5. The Online Store will provide the Buyer with confirmation of the conclusion of the sales contract no later than at the time of delivery of the goods.
   6. The Client agrees to receive VAT invoices and corrective invoices in electronic form, sent to the email address provided in the order.

 

§ 3

Payment Methods

 

1. The Client may choose one of the following payment methods:

 

1. Instant bank transfers (fast payment);
2. Payment by debit or credit card;
3. Traditional bank transfer;
4. Cash on delivery.

 

1. If no payment is received within 14 days from the order confirmation sent by the Online Store, the order will be canceled. The Client will be informed of the cancellation by an email sent to the address provided in the order.

 

§ 4

Delivery of Goods

 

1. Placing an order requires the correct completion of the order form. Order confirmation is sent via email.
2. We deliver goods within the territory of the Republic of Poland as well as outside of Poland.
3. The delivery of goods will take place within 2 to 5 business days from the moment the payment is credited.
4. The Client may choose one of the following delivery methods:
   1. Courier delivery with prepayment;
   2. Cash on delivery (COD) courier delivery.
5. Delivery charges are calculated automatically at the time of placing the order and depend on the selected delivery and payment method.
6. Upon receiving the goods, we recommend checking whether the package has been damaged during transport and whether its contents are complete, in the presence of the courier. Upon signing the delivery receipt, the ownership of the goods and the risk associated with their possession and use—including the risk of loss or damage—transfer to the Buyer.
   An exception to this rule applies when the Client is not a Consumer or is a natural person placing an order in the Online Store directly related to their business activity, where the nature of the order indicates that it is not of a professional character (particularly based on the scope of business listed in the Central Registration and Information on Business).
   In such cases, the benefits and burdens associated with the goods, as well as the risk of accidental loss or damage, pass to the Client at the moment the goods are handed over by the Online Store to the carrier. In this case, the Online Store is not liable for any loss, shortage, or damage to the goods occurring from the moment they are handed over to the carrier until they are delivered to the Client, nor for any delivery delays.
7. Checking the shipment is not obligatory for Buyers who are Consumers or natural persons placing an order directly related to their business activity, where the nature of the order indicates that it is not of a professional nature, particularly based on the business information available in the Central Registration and Information on Business (CEIDG).
8. According to applicable transport law, if the Client notices damage to the shipment after the courier has left, they may report it by phone to the courier company. The carrier is obliged to send a courier to the delivery address within 7 days from the delivery date in order to draw up a Damage Report.

 

§ 5

Right of Withdrawal from the Contract

 

1. A Buyer who is a consumer within the meaning of Article 221 of the Polish Civil Code (a natural person entering into a legal transaction with a business not directly related to their business or professional activity), or a natural person placing an order in the Online Store directly related to their business activity, where the nature of the order indicates that it is not of a professional nature, particularly in view of the business activity disclosed in the Central Registration and Information on Business (CEIDG), has the right to withdraw from the contract within 14 days without giving any reason, under the terms set out below.
2. The withdrawal period expires 14 days from the day on which the Buyer or a third party, other than the carrier and indicated by the Buyer, acquires physical possession of the goods. In the case of a contract involving multiple deliveries of goods in separate lots or parts, the withdrawal period expires 14 days after the day on which the Buyer or a third party, other than the carrier and indicated by the Buyer, acquires physical possession of the last lot or piece.
3. To exercise the right of withdrawal, the Buyer must inform Defensa Store of their decision to withdraw from the contract by means of an unequivocal statement sent by post or by email, to the following address:
   DEFENSA STORE Spółka z ograniczoną odpowiedzialnością
   ul. Łukowa 34A, 43-502 Czechowice-Dziedzice, Poland
   Email: reklamacje@defensastore.com
4. If the withdrawal declaration is submitted via the contact form on the Online Store, the Store will confirm receipt of the declaration on a durable medium (e.g., via email to the Buyer's address).
5. The Buyer may, but is not required to, use the model withdrawal form provided as Appendix No. 1 to these Terms and Conditions or as Appendix No. 2 to the Polish Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended). The full text of the act and the model form are available on the official website:
   http://isap.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=wdu20140000827
6. To meet the withdrawal deadline, it is sufficient for the Buyer to send a notice regarding the exercise of the right of withdrawal (the date of sending the declaration counts, not the date of its receipt by the Online Store).
7. In the event of complete withdrawal from the contract, from the Buyer, including the cost of delivering the goods to the Buyer (excluding any additional costs resulting from the Buyer’s choice of a delivery method other than the least expensive standard delivery offered by Defensa Store), , and in any event no later than from the day on which Defensa Store is informed of the Buyer’s decision to withdraw.
   The refund will be made using the used by the Buyer in the original transaction, unless the Buyer has expressly agreed otherwise. In any case, the Buyer as a result of the refund, .
8. Defensa Store may withhold the refund .
9. The purchased goods should be returned, in the event of withdrawal, to the following address within of effective delivery of the withdrawal declaration to Defensa Store:
   DEFENSA STORE Sp. z o.o.
   ul. Łukowa 34A, 43-502 Czechowice-Dziedzice, Poland.
   The deadline is met if the goods are .
10. The Buyer is responsible in the event of withdrawal.
11. The Buyer is liable for any diminished value of the goods resulting from handling them in a way other than what is necessary to establish their nature, characteristics, and functioning. The right of withdrawal does not apply if the product has been used, particularly in the case of removing the protective film from goalkeeper gloves, which protects the internal surface (foam) of the gloves.
12. The above-mentioned right of withdrawal, granted to consumers or natural persons placing an order directly related to their business activity where the nature of the order indicates that it is not of a professional character, does not limit the statutory right of withdrawal provided under Article 27 of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended). The right of withdrawal from a distance contract does not apply to consumers or natural persons placing an order directly related to their business activity, where the nature of the order indicates that it is not of a professional character, in the case of contracts:
    1. for the supply of , made to the Client’s specifications or clearly personalized;
    2. for the provision of services, where with the express consent of the Client, who was informed before the service began that they would lose the right of withdrawal once the service was fully performed;
    3. concluded .

 

§ 6

Warranty

 

1. All goods offered in the Online Store are brand new and, if explicitly stated in the document attached to the given product, are covered by the manufacturer’s warranty.
2. The method of remedying a defect under the warranty is determined in accordance with the warranty terms specified in the warranty document (e.g., warranty card).
3. The warranty for the sold goods does not exclude, limit, or suspend the Buyer's rights arising from statutory liability for defects (warranty under the Civil Code).
4. The Client shall submit warranty claims to the warrantor specified in the warranty document attached to the product.

 

§ 7

Statutory Liability for Defects (Warranty under Civil Code)

 

1. Regardless of any rights under the warranty referred to in § 6 above (if a product is covered by a warranty), the Buyer is entitled to exercise rights arising from the statutory warranty for physical or legal defects of the goods.
2. The Buyer's rights under the statutory warranty are governed by Article 556 and subsequent articles of the Polish Civil Code of April 23, 1964 (consolidated text: Journal of Laws 2014, item 121, as amended).
3. Claims under the statutory warranty should be submitted to the Online Store in writing or via email to: reklamacje@defensastore.com
4. In the event of a defect in the product, the Buyer should:
   1. Return the defective product to the address of the Online Store or deliver it in person to the following address:
      DEFENSA STORE Spółka z ograniczoną odpowiedzialnością
      ul. Łukowa 34A, 43-502 Czechowice-Dziedzice, Poland.
      In case of a valid claim, the shipping costs will be borne by the Online Store or reimbursed to the Buyer, or
   2. Contact the Online Store (in writing, by phone, or via email) to agree on a time and place for the product to be collected by a courier or authorized person. In case of a valid claim, the cost of collection and return will be borne by the Online Store or reimbursed to the Buyer.

 

 

§ 8

Promotions

 

1. Defensa Store reserves the right to change prices of products available in the Online Store at any time, as well as to launch or cancel promotional campaigns.
   Any price changes become effective from the moment they are introduced on the Online Store's website and do not apply to orders placed before the change was made in the Store’s system.
2. Promotional campaigns conducted by Defensa Store cannot be combined, and selected promotions may exclude the applicability of other offers. Detailed terms and conditions of each promotion are provided in the specific promotion rules or terms, available on the Online Store's website.

 

§ 9

Personal Data Processing

 

1. The controller of the Client’s personal data is DEFENSA STORE Spółka z ograniczoną odpowiedzialnością, with its registered office at ul. Łukowa 34A, 43-502 Czechowice-Dziedzice, Poland, NIP: 6340256523, REGON: 27112603. Clients may contact the Data Controller via email at: office@defensastore.com
2. The Client’s personal data will be processed by Defensa Store in accordance with applicable legal regulations, including the General Data Protection Regulation (EU) 2016/679 (GDPR), for the period necessary to achieve the purposes for which the data was collected.
3. Defensa Store processes Clients' personal data for the following purposes:
   1. Performance of contracts for the provision of electronic services, sales contracts, or other agreements concluded under the terms of these Terms and Conditions – particularly in connection with account registration or placing an order. The legal basis for processing is the performance of a contract or taking steps at the Client’s request prior to entering into a contract (Art. 6(1)(b) GDPR);
   2. Compliance with legal obligations incumbent on Defensa Store, in particular with respect to proper accounting documentation (Art. 6(1)(c) GDPR);
   3. Promotion of Defensa Store's own products or services, compiling statistics, conducting analyses, and pursuing claims. The legal basis in such cases is the legitimate interest of Defensa Store (Art. 6(1)(f) GDPR).

 

1. Within the scope outlined above, Defensa Store may process personal data using profiling techniques that involve automated decision-making. The purpose of such profiling is to tailor content presented to the Client — including displayed advertisements — to the Client’s needs and interests, based on available demographic and behavioral data. If an automated decision produces legal effects concerning the Client or significantly affects them in a similar way, Defensa Store shall only process such data with the Client’s explicit consent (Art. 6(1)(a) GDPR).

 

1. The disclosure of personal data by the Client is voluntary, except for the cases where the provision of certain data is necessary for the performance of the sales contract concluded via the Online Store.

 

1. The Client’s personal data may be shared with third parties only if Defensa Store is authorized or obliged to do so under applicable laws. Recipients of the data may include, in particular:

• providers of IT infrastructure or systems,
• subcontractors,
• service providers involved in the execution or optimization of the sales process (e.g., payment intermediaries, banks, advertising agencies, couriers or carriers),
• advisors (e.g., in accounting or legal matters),
• or auditors.

1. The Client has the right to access their personal data, rectify it, erase it, restrict its processing, object to its processing, and the right to data portability. The right to object applies in particular when there is no legal basis for data processing or when the data is processed for the purposes of direct marketing.
2. If the Client believes that their data is being processed in violation of the law, they have the right to lodge a complaint with the relevant supervisory authority.

 

 

 

§ 10

Technical Requirements, Prohibition of Illegal Content, Complaints Regarding the Online Store's Operation

 

1. Through its Online Store, Defensa Store provides Buyers with free access to the following electronic services (within the meaning of the Act of 18 July 2002 on the provision of electronic services, consolidated text: Journal of Laws 2016, item 1030):
   1. access to the content of the Online Store;
   2. conclusion of sales agreements for goods with the Online Store, in accordance with the provisions of these Terms and Conditions;
   3. to use the above services, the Buyer must have: a device with internet access and an operating system, an internet connection, the necessary software (web browser), and an email account;
   4. the Buyer agrees to:
      - not use the Online Store in a way that disrupts its operation, particularly through the use of specific software or devices;
      - refrain from activities such as sending or placing unsolicited commercial information (spam) via the Online Store;
      - use the Online Store in a manner that does not inconvenience other Buyers or Defensa Store.
2. If the Buyer is dissatisfied with the operation of the Online Store, they may file a complaint via email to: office@defensastore.com. The Buyer will be informed of the resolution of the complaint at the email address from which the complaint was sent, within 14 business days from the date the complaint was received by the Online Store.

 

§ 11

Out-of-Court Complaint Handling and Redress Procedures, and Access to Such Procedures

 

1. Detailed information on the options available to consumers regarding out-of-court complaint handling and redress procedures, and the rules for accessing these procedures, can be found at the offices and on the websites of local (municipal) consumer ombudsmen, consumer protection organizations, Voivodeship Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection (UOKiK):

• www.uokik.gov.pl/spory_konsumenckie.php
• www.uokik.gov.pl/sprawy_indywidualne.php
• www.uokik.gov.pl/wazne_adresy.php

1. A consumer Client has the following exemplary options for out-of-court complaint handling and redress:
   1. The Client may submit a request to the Permanent Consumer Arbitration Court, as referred to in Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), to resolve a dispute arising from a concluded Sales Agreement. The rules of operation of such courts are defined in the Regulation of the Minister of Justice of 25 September 2001 (Journal of Laws 2001 No. 113, item 1214).
   2. The Client may submit a request to the , in accordance with Article 36 of the same Act, to initiate for an amicable settlement of a dispute between the Client and the Online Store. Information on the rules and procedures for mediation is available at the offices and on the websites of the respective Voivodeship Inspectorates.
   3. The Client may also obtain in resolving a dispute between the Client and the Online Store from their local (municipal) or a consumer protection organization, such as the or the . Advice is provided by the Consumer Federation via email at porady@dlakonsumentow.pl and by the Polish Consumers Association via the free consumer hotline at 800 889 866.
2. The platform is available at: www.ec.europa.eu/consumers/odr. This is an interactive and multilingual website that provides a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts.

 

§ 12

Final Provisions

 

1. All materials available on the Defensa Store website or in the Online Store, including but not limited to product photos, graphic design, and product descriptions, are protected by the copyright of Defensa Store or third parties. The Online Store holds the exclusive rights to use these materials. Downloading, copying, editing, transmitting, or otherwise using the aforementioned materials is prohibited and may only be permitted with the written consent of the Online Store. Defensa Store reserves the right to pursue claims in the event of unlawful use of the above-mentioned materials by third parties.
2. The Online Store reserves the right to amend the provisions of these Terms and Conditions. In such a case:
   1. Buyers will be informed of the changes via email, sent to the address provided during registration, at least 14 days before the amendments take effect;
   2. Buyers will be asked to accept the amended Terms and Conditions upon their next login.
3. Failure to accept the amended Terms and Conditions shall be deemed equivalent to terminating the agreement for the provision of electronic services referred to in § 10 of these Terms and Conditions, with immediate effect.
4. Amendments to the Terms and Conditions shall not in any way affect the rights acquired by Buyers, in particular, shall not affect orders already placed, which will be fulfilled under the existing terms.
5. Contracts concluded (orders placed) through the Online Store are executed in Polish. The governing law for such contracts is Polish law. The competent jurisdiction for resolving disputes arising from such contracts is Polish jurisdiction.
6. All disputes arising between the Online Store and a Client who is not a consumer or an individual placing an order directly related to their business activity, where the content of the order indicates that it does not have a professional character for them (as defined by their business activity listed in the Central Register and Information on Economic Activity), shall be submitted to the court competent for the seat of Defensa Store.

 

ANNEX NO. 1 TO THE TERMS AND CONDITIONS

TEMPLATE WITHDRAWAL FORM
(Annex No. 2 to the Consumer Rights Act)

 

Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)

Recipient:
DEFENSA STORE Spółka z ograniczoną odpowiedzialnością
ul. Łukowa 34A, 43-502 Czechowice-Dziedzice, Poland
Email: office@defensastore.comI/

We() hereby inform you of my/our() withdrawal from the contract for the sale of the following goods() / for the delivery of the following goods() / for the performance of the following work() / for the provision of the following service():
.............................................................................................................................

Date of contract() / receipt() of goods: ..............................................

Name and surname of the consumer(s): ..................................................

Address of the consumer(s): .................................................................

Signature of the consumer(s) (only if this form is submitted in paper format):
.............................................................................................................................

Date: ..................................................

(*) Delete as appropriate.
(**) If the withdrawal form is sent together with the returned goods, the parcel should be sent to:
DEFENSA STORE Sp. z o.o., ul. Łukowa 34A, 43-502 Czechowice-Dziedzice, Poland