Terms & Conditions from 1.01.2023

The Martensy.pl Online Shop Terms & Conditions set out the rules for placing orders, selling, returning and replacing products, lodging complaints and for personal data protection in the Martensy.pl Online Shop. Once an order for a specific product has been placed by the Customer, the provisions of these Terms & Conditions are deemed accepted.

Seller

The Martensy.pl Online Shop is solely owned by Alu Trading Sp. z o.o., with its registered office in Al. Jerozolimskie 49/20, 00-697 Warsaw, Poland, holding tax ID number (NIP) PL5261035299, statistical number (REGON) 011210223, entered in the Polish Court Register under number: KRS 0000242314 (further the “Shop”). You can visit the Shop at: http://www.martensy.pl .

E-mail address: sklep@martensy.pl , phone no.: +48 22 625 59 17

 

Orders

1. Natural persons and business entities can purchase products in the Shop (up to 10 pairs).
2. On the website www.martensy.pl, you can find pictures of products along with descriptions and additional information about the products and the sales process, which is all commercial information and not to be deemed a sales offer as defined in the Polish Civil Code.
3. All prices for products offered in the Martensy.pl Online Shop are gross prices (incl. VAT) and are expressed in Polish zlotys.
4. When placing an order (a purchase offer), the Buyer selects the goods by adding them to the cart and then, having provided their address details, pressed the button PAYABLE AMOUNT PLUS SHIPMENT COSTS, sends the order (purchase offer) to the Seller, which is tantamount to the Buyer having assumed the obligation to pay the price of the ordered goods and the shipment costs. Then the Buyer receives a return e-mail from the Seller confirming that the order has been accepted, which is tantamount to a purchase agreement being concluded between the Seller and the Buyer.
5. When placing an order, the Buyer fills in the form provided on the website www.martensy.pl with the details such as: full name, delivery address, e-mail address, phone number, “VAT invoice attached” option along with the invoicing details. The main prerequisite for the order to be processed is that the Customer correctly completes and submits the order form provided during the ordering process.
6. The procedure of placing an order (purchase offer) by the Buyer consists in the Buyer choosing a model from the Martensy.pl shop's offer by opening the product card, where they can mark the size and quantity, and then having pressed the BUY NOW button, adding the product to the CART.

Then the information about the product being added to the cart appears, along with the information about maintenance products suggested for a given shoe model and other accessories dedicated to this model.

Then there are two options to choose from: CONTINUE SHOPPING or GO TO THE CART.

After the Buyer presses the GO TO THE CART button, the content of the cart, with the selected products and their prices and value, is shown. If the Buyer has a discount code, they should mark the DISCOUNT CODE box to be granted an additional discount. At the end of this section, the cart value is summarised.

Then the Buyer chooses the delivery options, i.e. country of delivery, shipment and payment methods, and learns about the shipment costs for the selected delivery options.

The next step is an order summary, where the value of the products plus the shipment costs are specified. The Buyer can also add comments on their order.

The next fields refer to the delivery address and can be edited; there is also a field with the option to be issued a VAT invoice by the Seller. Once this field has been marked, other fields are shown for the company details to be entered.

This page ends with the button PROCEED. If the selected shipment method is INPOST PARCEL LOCKERS, a request appears to select a specific parcel locker in a particular city and provide a telephone number, as well as to give consent to the data being transferred to the Inpost company and to accept the Inpost terms & conditions.

At the last stage of the order placing process, a summary of the order parameters is shown, with the list of selected products together with their value, the selected payment and shipment methods and the shipment costs, the delivery address and invoicing details. All these parameters can be changed at this stage of the order placing process. If all the details are correct, the PAYABLE AMOUNT PLUS SHIPMENT COSTS is shown at the bottom of the page in the SUMMARY and the CONFIRM button is displayed. By pressing this button, the Buyer sends an order (purchase offer) to the Seller, which is tantamount to the obligation to pay the price for the ordered goods and the shipment costs (ORDER WITH PAYMENT OBLIGATION) being accepted.

Then the Buyer receives an e-mail confirming acceptance of the order, which is sent by the Seller to the e-mail address given in the order placing process.

When browsing through the content of the Martensy.pl website, the Buyer can always check their cart. To do this, the Buyer should press the CART icon in the upper right corner of the screen. In the CART, there is a REMOVE icon next to each product, which can be pressed for a product to be removed from the cart.

1. A cash register receipt is issued for each finalised order. A VAT invoice can also be issued upon the Buyer's request (as a result of the relevant option being marked and the invoicing details being provided).
2. Orders can be placed 24 hours a day via the Martensy.pl Online Shop at www.martensy.pl and will be processed during the shop working hours. Orders placed on weekdays after 3 p.m. and on Saturdays, Sundays and public holidays will be processed in the morning (from 11 a.m.) of the following business day.
3. If the order is cancelled, the Buyer should send a notice of cancellation at sklep@martensy.pl .

 

Order Processing

At the beginning of the order processing, the Shop sends a notification of the products being prepared to the e-mail address provided and only then a prepayment can be made or the products are handed over to a courier company for delivery to the recipient. This is due to the fact that we have to check before shipment whether the products show no defects.

The order processing time is 24 hours of the order being accepted for processing by an Employee during the shop’s working hours or of the payment being credited to the bank account. Orders placed on Saturdays, Sundays and holidays are processed on the next business day. During promotional campaigns such as Black Friday, the order processing time may be extended to a maximum of 21 days, about which the Customer will be informed by email.

The Shop makes every effort to ensure that the product range and prices offered on the Shop's website are up to date and the presented goods are continuously available for sale. If it is impossible to process an order or if the ordered goods are temporarily unavailable (as the goods are sold online and in the brick-and-mortar shop), the Shop will immediately notify the Customer.

The Shop sends goods on the territory of Poland and to selected countries indicated in the Shipment Costs tab in the footer of the Online Shop and on the product subpage.

The ordered products are delivered as chosen by the Buyer (shipment or collection). The following options are available:

- DPD courier service – daily shipment on business days;

- shipment to a selected Inpost parcel locker – daily shipment on business days;

- collection from the shop in Warsaw, Al. Jerozolimskie 49;

- DHL courier service for international shipments – daily shipment on business days.

When collecting the goods from the Courier, please pay special attention whether the parcel, the packaging is not damaged. In case of damage, please write a damage report signed by the Buyer and the Courier in the Courier’s presence and notify the Shop (phone no.: +48 22 625 59 17 or sklep@martensy.pl).  

If the product is found to be damaged upon opening the parcel, i.e. after the Courier has left, the Shop should be immediately notified (phone no. +48 22 625 59 17 or sklep@martensy.pl).

In addition to the ordered goods, the delivered parcel should also include a cash register receipt and, if requested, a VAT invoice. If the cash register receipt is missing, please inform the Shop immediately (phone no. +48 22 625 59 17 or sklep@martensy.pl).

 

Payments

1. The Buyer can choose different payment options: prepayment (transfer to the Shop's bank account), payment by credit card or transfer through authorised service operators: Przelewy24, PayU, PayPal, BLIK or payment upon delivery of the product by the Courier (payment to the Courier upon delivery) – available only for shipments in Poland. During special campaigns (e.g. promotions) some payment methods may be unavailable.

Bank details for wire transfers in PLN in Poland:

ALU TRADING Sp. z o.o.

PL31 1140 2004 0000 3802 7765 8130 (mBank)

Kod BIC Swift: BREXPLPWMBK

 

1. If the Buyer fails to make payment within 7 days of receiving the confirmation that the products are ready, the order will be automatically cancelled and will no longer be processed. In such case, the Buyer will receive an e-mail notification of the order being cancelled.
2. The Buyer pays for the delivery of goods unless the Purchase Agreement provides otherwise. Shipment methods currently available for the Product and the relevant shipment costs are listed for the Customers in the “Shipment Costs” tab in the Online Shop and on each Product subpage, also when the Customer declares themselves ready to be bound by the Purchase Agreement. The Seller reserves the right to offer free shipping, as a temporary promotion, for orders worth over PLN 200 (not applicable to vouchers and discount coupons) for shipments in Poland.
3. Goods are shipped abroad only upon prior payment. The payment can be made by wire transfer to the Shop's bank account or by PayPal, PayU, Przelewy24. It is possible to pay in Polish Zloty or Euro.

Bank details for wire transfers in the EU:

ALU TRADING Sp. z o.o.

PL12 1050 1025 1000 0024 0002 8581

BIC Swift Code: INGBPLPW

1. If the cash upon delivery option was chosen, the Customer must make the payment upon collection of the ordered goods. Refusal to collect the parcel is a condition for the purchase agreement to be terminated. If the Customer fails to collect the parcel against payment upon delivery or with free shipping offered twice, they lose the opportunity to use the promotion (free shipping) for subsequent purchases. The Customer may also cancel the Order within the specified period without incurring any consequences, which does not violate his right to withdraw from the contract - however, this does not apply to non-prefabricated Products manufactured according to the Customer's specifications or intended to meet his individual needs.

 

Returns and Replacements

A Customer who has concluded a remote agreement may withdraw from it within 30 days without giving any reason and incurring any costs, except for the costs specified in article 33, article 34(2) and article 35 of the Polish Act on Consumer Rights of 30 May 2014. In order to meet the deadline, the Buyer needs to send the Seller a statement of withdrawal from the agreement before the expiry of the date set for the agreement to be rescinded. The Customer can use a template form, which is, however, not obligatory. Such statement should be delivered to the Shop in writing to the address: ALU TRADING Sp. z o.o., Al. Jerozolimskie 49/20, Poland, 00-697 Warsaw, or via e-mail to: sklep@martensy.pl.

The withdrawal period starts to run with the Customer or a third party indicated by the same (other than the courier) taking possession of the goods or in the case of an agreement which:

covers several objects that are delivered separately, in lots or pieces, with the last good, lot or piece being taken in possession;

consists in the goods being regularly supplied for a fixed period of time, with the first product being taken in possession.

A remote agreement is deemed rescinded if the Customer has made a statement of withdrawal before the company has accepted their offer. In such case, the offer is no longer binding.

The Seller must immediately, no later than within 14 days of having received the Customer's statement of withdrawal from the agreement, return to the Customer all payments made by them, including the costs of delivering the goods to the Buyer if the Buyer has paid for the delivery. The Seller returns payments using the same payment method as used by the Customer, unless the Customer has expressly agreed to the money being returned in a different way, which does not involve any costs for the Customer; in any case, the Customer will not bear any fees in connection with such return being made. If the Seller has not offered to collect the item from the Customer itself, it may withhold the amount received from the Customer which is to be returned until it has received the returned goods or the Customer has submitted an evidence for their return, whichever is the earlier. If the Customer has chosen a method of delivery of the goods other than the cheapest usual method of delivery offered by the Seller, the Seller will not be obliged to reimburse the Consumer for the additional costs incurred by them.

The Customer must return the goods to the Seller or hand them over to a person authorised by the Seller to collect them immediately, though no later than 14 days of the agreement being rescinded. For the deadline to be kept, the goods need to be sent back before its expiry.

Address to which the goods should be returned: ALU TRADING Sp. z o.o., Al. Jerozolimskie 49/20, 00-697 Warsaw, Poland.

If the agreement has been rescinded, the costs of returning the goods will be borne by the Customer.

It is possible to return goods purchased online in person in the brick-and-mortar shop.

The refund will then be made to your bank account or in the same way that the Order was paid for, unless another pair of shoes is purchased in return and the relevant settlement is made.

Returned goods must be unused, clean and in their original packaging so that they can be re-sold. Returned goods must be secured against damage during transport. Returned goods must be accompanied by the cash register receipt as proof of purchase and possibly information that a VAT invoice with a specific number has been issued for an adjustment invoice to be issued.

The Customer is liable for any reduction in the value of the goods resulting from the products being used beyond what is necessary to establish their nature, characteristics and functioning.

The Customer has no right to rescind the remote agreement specifically with regard to the following agreements:

- service agreements if the entrepreneur has provided the service to the full extent, with the express consent of the consumer who had been informed before the performance began that they would lose the right to rescind the agreement once the service was provided by the entrepreneur;

- where the price or fee due depends on fluctuations in the financial market which are outside the entrepreneur's control and which may occur before the withdrawal period expires;

- where the service involves a product not being pre-fabricated but being made in accordance with the consumer's specifications or to meet their personalised needs;

- where the service provided refers to goods which are liable to deteriorate rapidly or have a short shelf-life;

- where the service provided refers to goods supplied in sealed packaging which cannot be returned after the packaging has been opened for health or hygiene reasons, if the packaging has been opened after delivery;

- where the service provided refers to goods which, due to their nature, get inseparably connected with other things once delivered;

- where the service provided refers to alcoholic beverages whose price has been agreed when the purchase agreement was concluded and which can be delivered only after 30 days and whose value depends on market fluctuations that are beyond the entrepreneur's control;

- where the consumer has specifically requested that the entrepreneur comes to them to carry out urgent repair or maintenance works; if the entrepreneur provides additional services other than those requested by the consumer or supplies objects other than spare parts needed for the repair or maintenance works to be performed, the consumer will have the right to rescind the agreement with regard to additional services or objects;

- where the service provided involves sound or visual recordings or computer programmes supplied in sealed packaging, if the packaging has been opened after delivery;

- for the supply of newspapers, periodicals or magazines, except for subscription agreements;

- concluded by public auction;

- agreements to provide services such as accommodation other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the agreement specifies a day or period when the service is provided;

- an agreement to provide digital content which is not recorded on a tangible medium if the service provision has begun with the consumer's express consent before the end of the withdrawal period and after the entrepreneur has informed the consumer of the loss of the right to rescind the agreement.

For a product to be replaced with one of a different model or size, a new order must be placed by the Customer with the note: REPLACEMENT UNDER ORDER NO.... If the Customer wants to have the product replaced with another one, it is best to call the Shop during its working hours (10.30 a.m.-7 p.m. CET from Monday to Friday) to check the availability and book the product or contact us by e-mail at: sklep@martensy.pl .

A product can be replaced with another one within 14 days of the Buyer having taken possession of the product and the same conditions must be met as when the goods are returned.

 

Seller's Liability and Complaints

All goods presented by the Martensy.pl Online Shop are brand new. The Seller is obliged to deliver the goods to the Buyer without defects.

The Seller is liable to the Buyer if the goods have a physical or legal defect (implied warranty) under the applicable law.

The Seller is liable under the implied warranty for physical defects which existed when the risk passed to the Buyer or resulted from a reason inherent in the goods at the same time.

The course of the complaint process is regulated by the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended) in Articles 43a to 43g (in the case of a complaint from a consumer or an entrepreneur with consumer rights) as well as the provisions of the Act of 23 April 1964, the Civil Code (Journal of Laws of 2022, item 1360), excluding the provisions of the third book of title XI, section II (in the case of an entrepreneur's complaint).

If a complaint is lodged under the implied warranty with regard to a defective product, the Buyer may:

demand the replacement of the item with a defect-free one or the removal of the defect with the reservations specified in art. 43d sec. 2 and 3 and art. 43e of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2020, item 287, as amended). The seller may refuse to satisfy the buyer's request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the possible method of bringing it into conformity with the contract.

make a declaration of price reduction or withdrawal from the agreement, unless the Seller, immediately and without undue inconvenience to the Buyer, replaces the defective product with a defect-free item or removes the defect. The Buyer cannot rescind the agreement if the defect is immaterial.

If the Buyer is a Consumer, they may, instead of the defect being removed as proposed by the Seller, demand that the product be replaced with a defect-free item or the defect be removed instead of the product being replaced, unless bringing the product into conformity with the agreement in the manner chosen by the Buyer is impossible or would entail excessive costs as compared to the manner proposed by the Seller.

If a defect is found in the product, it is recommended to stop using it and report this to the Seller by lodging a complaint.

The complaint should be submitted to the Seller to the address: ALU TRADING Sp. z o.o., Al. Jerozolimskie 49/20, 00-697 Warsaw, Poland. The product subject to complaint (e.g. a pair of shoes - not one shoe) should be accompanied by a purchase document, i.e. a cash register receipt, to substantiate the purchase, and a completed application form in which all fields should be filled in. It is not obligatory to use the specific form but most of all, the notice must contain all necessary information about the person lodging the complaint and the relevant product. In case of any doubts, please contact us by e-mail sklep@martensy.pl or call us at +48 22 625 59 17.

The Seller will respond to the complaint within 14 days of it being lodged with the Shop in writing, by informing the Customer by e-mail about the way the complaint has been handled or by calling the Customer.

If the Customer does not agree with the way the complaint has been handled, they may approach the Shop or ask for mediation or settlement by consumer organisations and arbitration courts (addresses and all information can be found at www.uokik.gov.pl ).

 

Personal Data Protection

Providing personal data by the Buyer is voluntary and requires their consent when placing an order in the Shop www.martensy.pl .

The Buyer’s personal data is processed by the Seller:  ALU TRADING Sp. Z o.o., Al. Jerozolimskie 49/20, 00-697 Warsaw, that is the Personal Data Controller under the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

The Seller makes every effort to ensure proper protection and security of processed personal data.

Providing personal data is voluntary but necessary, e.g. to register in the Shop, to process an order, to subscribe to the Newsletter or to use other functionalities of the Shop. If the required data is not provided, the Buyer may encounter problems placing the order or certain functionalities of the Shop can be unavailable.

 

Under the provisions of the General Regulation on Personal Data Protection, providing data is voluntary and everyone has the right to access, rectify and delete data, limit its processing, transfer it, not be subject to automated decision making, including profiling, as well as the right to object to personal data processing. The Customer may also revoke their prior consent at any time.

 

Any notices or requests regarding the personal data can be made via e-mail sent at sklep@martensy.pl or letter sent to the address: Alu Trading Sp. Z o.o. with its registered office in Al. Jerozolimskie 49/20, 00-697 Warsaw, Poland.

 

The Seller assures that all personal data entrusted to it will be processed only for specific purposes:

 

- to adjust the Shop and its operation to the Customer's needs;

- to handle orders, replacements, returns, complaints and warranties;

- to generate internal statistics;

- to perform marketing activities;

- to communicate via the Newsletter with the Customer's prior consent;

- to ensure the safety and reliability of the Shop;

- to optimise and increase the efficiency of services provided by the Controller;

- for accounting and tax purposes;

- to exchange correspondence with the Customers, including responding to their messages.

Additional information on personal data protection can be found in the Martensy.pl Shop Privacy Policy.

 

Electronic Service Provision

The technical requirements of the www.martensy.pl Online Shop are as follows: a computer or other device with Internet access and an installed Internet browser (Internet Explorer version 10, Google Chrome version 23, Mozilla Firefox version 17, Opera version 12.10, Safari version 7 or newer), enabled cookies in the Internet browser and an active e-mail account (e-mail).

Final Provisions

Promotions, price reductions, sales, additional discounts and other special measures concerning goods offered in the Online Shop www.martensy.pl cannot be combined. Discount coupons with codes can be redeemed individually (one coupon when buying one pair of shoes).

The Newsletter is a free electronic newsletter in which the Buyer is informed about current promotional campaigns, sales and new products. The Newsletter is sent only to the Buyers who have expressed their consent to receiving it. The Buyer gives the e-mail address to which the Newsletter is to be sent. The Newsletter subscription be cancelled at any time. If the Buyer does not want to receive the Newsletter any more, the relevant notice should be sent to the email address: sklep@martensy.pl . The e-mail address will be removed from the mailing list.

All texts and pictures of the products shown in the Martensy.pl Online Shop, registered under the domain name www.martensy.pl, are copyrighted. It is forbidden to copy, distribute and use this information for commercial purposes and to presented it on other websites without the Seller's consent.

Opinions posted in the martensy.pl Online Store are not verified.

The Seller makes every effort to ensure that the information presented on the martensy.pl Online Shop website is correct and reliable. In case of any discrepancies, doubts or need for any additional information about the products, please contact the Shop.

If the Buyer receives goods that do not comply with the order or description provided on the website of the Online Shop www.martensy.pl, they are asked to contact the Seller immediately.

In case of doubts or questions about the Terms & Conditions, please contact the Shop.

Issues not regulated by the Terms and Conditions are governed by the generally applicable provisions of Polish law, specifically, the provisions of the Polish Civil Code and other generally applicable laws.

Orders can be placed with the www.martensy.pl online shop only upon the acceptance of these Terms & Conditions.

Exhibits:

1. Agreement withdrawal form - Model-withdrawal-form.docx
2. Complaint form - Complaint-form.pdf