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REGULATIONS ON INFORMATION SOCIETY SERVICES PROVISION

§ 1

General Provisions

1. This Regulations establishes rules of information society services provision.

2. The current version of this Regulation is available free of charge at https://www.one-up.one/conditions-of-use.

3. For the purpose of this Regulations terms listed below shall have the following meaning:

  1. commercial communication shall mean any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person pursuing a commercial, industrial or craft activity or exercising a regulated profession. The following do not in themselves constitute commercial communications:
    1. information allowing direct access to the activity of the company, organisation or person, in particular a domain name or an electronic-mail address,
    2. communications relating to the goods, services or image of the company, organisation or person compiled in an independent manner, particularly when this is without financial consideration;
  2. Customer shall mean a service buyer - natural persons, legal entities or organisational units having no legal personality who uses services rendered by ONE-UP through the Shop;
  3. Bag shall mean Shop’s function allowing the Customer to complete their order and check the purchase cost of the Goods selected by them prior to the conclusion of the agreement;
  4. Goods shall mean subjects of the specific task contract concluded by ONE-UP with Customers, i.e. clothes offered by ONE-UP and manufactured after the Customer places their order in which they determine individual parameters of the Goods;
  5. information society service provision shall mean provision of service not involving the simultaneous presence (at a distance) by transfer of data on an individual request of a Service buyer, transmitted and received by means of devices (with digital compression exclusively) that enable electronic data processing and storage that is entirely broadcasted, received or transmitted by telecommunications network;
  6. ONE-UP shall mean Katarzyna Tokarek, conducting business activity under the company name “ONE-UP Katarzyna Tokarek” with its registered seat in Łódź, pl. Zwycięstwa, no. 2, 90-312 Łódź POLAND, entered into the Central Registration and Information on Businesses, NIP (tax identification no.): 7281810584, REGON (registration no.): 100592109;
  7. Shop shall mean a website - an online shop- maintained by ONE-UP under the following address: https://www.one-up.one.

§ 2

Categories and scope of services provided by ONE-UP

1. ONE-UP offers to the Customers the provision of following information society services:

  1. registration and maintenance of an account at the Shop that allows generation of price simulation for individual Goods and storing those Goods in a Bag, rate the Goods and adding comments on the Shop’s webpages;
  2. conclusion of a specific work contract for making Goods by ONE-UP on a basis of individual order of a Customer and their delivery to an address indicated by the Customer referred to above (hereinafter referred to as the “purchase” for simplification; however, by accepting this Regulation the Customer confirms that the service is subject to provisions of law regarding specific work contract, not the sale);
  3. adding comments under blog entries.

2. ONE-UP provides services referred to in § 2 item 1 (purchase), also to Customers who did not use services specified in § 2 item 2 (registration and account maintenance) and item 3 (adding comments).

3. Registration and account maintenance at the Shop is free of charge.

4. For the purchase, the Customer shall pay to ONE-UP a remuneration that includes a price of the Goods and delivery costs. Information on final amount to be paid and its individual components shall be available to the Customer as they add Goods to the bag and select the delivery mode.

5. Information on delivery costs is published by ONE-UP at https://www.one-up.one/shippinginfo.

6. Registration of an account at the Shop is made via Facebook or directly at the website by:

  1. selecting “Register” tab,
  2. entering Customer’s personal data - First name, surname and e-mail address;
  3. agreeing to receiving commercial information from ONE-UP by selecting “Newsletter” box,
  4. accepting this Regulation by selecting “I’ve read terms and conditions of service provision (Regulation)” box;
  5. granting consent for processing of personal data by selecting “I hereby give my consent for my personal data being processed...”;
  6. selecting a password by entering it twice in the marked fields;
  7. clicking on activation link in the message that was sent automatically to the e-mail address indicated by the Customer.

7. The Purchase is made by following the procedure below:

  1. selection of the Goods, entering the number of items and clicking “Order”;
  2. selection of individual parameters of the Goods (size) and clicking “Add to the basket”;
  3. entering “Basket” tab by clicking “show the basket” or a shopping bag icon in the top right corner of the screen;
  4. entering discount code or a gift card data, if the Customer has such an option;
  5. clicking “Pay”;
  6. entering billing address and a phone number and clicking “Next”;
  7. selecting shipping method and clicking “Next”;
  8. clicking “Next”;
  9. accepting the provisions hereof;
  10. giving consent for processing of personal data;
  11. verification of the payer’s address, delivery address, payment method and shipping method;
  12. clicking “Accept”;
  13. Paying through a PayPal system;
  14. Completing the transaction.

8. The Customer shall become bounded by the Purchase contract at the moment the relevant payment is debited from the bank account. Placing an order without payment is not bounding for any of the Parties.

9. ONE-UP shall proceed with the performance of order immediately after the purchase contract is entered into. Due to the individuality of the Goods, their manufacture in full (following order placement) and necessity to import some components from outside of the EU, the completion of the service may exceed 30 days. The Customer may submit questions regarding the status of their order to the following e-mails address: one@one-up.one.

10. If registered at the site, the Customer may also add a review of the Goods by following the procedure below:

  1. filling in fields “Review title” and “Review Text” at a Shop subpages dedicated to individual types of the Goods;
  2. selecting a rating (from 1 to 5 “stars”, where 1 means “bad” and 5 “perfect”);
  3. clicking “Publish the review”.

11. The Customers, both registered and not, can also add comments to articles published at the Shop blog by following the procedure below:

  1. filling in a files “Add a comment” at the Shop subpages;
  2. clicking “new comment”.

12. ONE-UP publishes reviews and comments after verifying and accepting their content.

13. ONE-UP does not sent Customers any unsolicited commercial communication. However, the Customer may give consent to receive such communication by marking “Newsletter” box during registration process or marking “Newsletter” box in “My account” tab, by selecting “Customer Information” and scrolling down to “Newsletter” section. The consent referred to above is not required to conclude the service provision agreement with ONE-UP.

§ 3

Technical requirements

1. In order to ensure proper service provision by ONE-UP, the Customer is obliged to meet all of the following technical requirements:

  1. use of digital device (desktop computer, portable computer, tablet or smartphone),
  2. Internet access,
  3. access to e-mail,
  4. Internet browser: Internet Explorer 7 or newer, Firefox, Google Chrome, Safari or other browser that supports HTML documents and enabled “Cookies”.

2. ONE-UP shall not be responsible for any incorrectness in information society services provision if it is due to the failure of the Customer to meet all technical requirements referred to above.

3. If the Customer meets only part of the technical requirements referred to in § 3 item 1 hereof, they can be required to bear additional costs, in particular for the purpose of acquiring Internet connection.

§ 4

Terms and conditions of Service use

1. The Customer is obliged to withhold from any activities that may hinder other Customers’ access to the Shop and disrupt its functioning.

2. The Customer may use information society services provided by ONE-UP only for the purposes complying with the provisions of law and principles of morality. Actions that are not in compliance with the obligation referred to above include, among others, posting any content that is offensive, vulgar, drastic, incitement to hatred or containing links - also hidden - to webpages that include such content or publish pornographic materials.

3. ONE-UP shall use their best efforts to guarantee that the Shop functions without any interruptions, with the exception of breaks initiated for the purpose of update, repair or maintenance of the IT system.

§ 5

Personal data protection

1. ONE-UP is a controller of the personal data of the Customers and it processes data taking care of its safety, integrity and accountability.

2. Rules of data processing are included in the Security Policy published at https://www.one-up.one/privacy-notice.

§ 6

Cookies

1. The Shop uses “Cookies” - text files stored at the Customer's computer that improve usage of services provided by ONE-UP by, among others, storing session IDs, preferences or data on the Goods placed in the Bag, as well as provide anonymous data to applications of other companies, such as Google Analytics.

2. The Customer can disable “Cookies” in their browser settings.

3. “Cookies” do not store Customer’s personal data or passwords as a plain text.

§ 7

Property rights

The Shop - including its code, logo, graphics or content uploaded to the website - constitutes intellectual property owned by ONE-UP or other entities that granted ONE-UP relevant licenses. Information society services provision by ONE-UP to its Customers does not constitute granting them licenses to use intellectual property referred to above.

§ 8

Liability

1. ONE-UP declares that browsing the Shop website is performed at the expense and risk of the Customer exclusively.

2. ONE-UP informs that browsing the Shop website and use of information society services provided by it may involve risk typical for such services, in particular with the possibility that:

  1. the Service buyer receives unsolicited commercial communication.
  2. the undesired software (malware of spyware) is installed on the Service buyer’s computer,
  3. the Customer is exposed to cracking or phishing.

ONE-UP declares that it took any steps necessary to minimalize such risks.

3. ONE-UP shall not be liable for:

  1. any damage resulting from using services provided by ONE-UP in a way contradictory to provisions of law or this Regulations by the Customer,
  2. any content posted on websites of domains other than the Shop and not owned by ONE-UP, to which lead links published on the Shop webpages,

4. ONE-UP shall not be liable for a failure to perform or improper performance of obligations that is due to defective equipment ir software of the Customer.

§ 9

Withdrawal from a distance agreement

1. The Customer who is a consumer has a right to withdraw from the service provision agreement referred to in § 2 item 1.1 hereof (registration and account maintenance) within 14 days as of its conclusion.

2. The Customer withdraws from the agreement by deleting their account by their own. Deleting the account shall be tantamount to submitting a notice on withdrawal from the agreement.

3. The Customer in not entitled to withdraw from the purchase agreement referred to in § 2 item 1.2 hereof due to the fact that - in accordance with provision on concluding distance agreements that are binding in European Union - this right does not apply to agreements regarding sale of goods that are non-prefabricated and manufactured in accordance with consumer’s specification and ONE-UP manufactures all Goods in accordance with an individual order placed by the Customer.

§ 10

Claim procedure

1. The Customer may submit any claims regarding services provided by ONE-UP on the basis hereof by an e-mail sent to one@one-up.one.

2. ONE-UP shall be liable for Goods defects and their incompliance with the agreement, in accordance with the provisions on warranty for physical defects of the Goods for the period of two years as of the purchase of the Goods, and the Customer is obliged to submit the claim within a year as of the day such defect is discovered.

3. Properly submitted claim should include at least:

  1. Customer’s identification data (login and e-mail address - and in case the claim is submitted under the warranty for physical defects - also full name and mailing address),
  2. the subject of the claim,
  3. conditions justifying the claim,
  4. In case the claim is submitted under the warranty for physical defects:
  1. request to replace the defective Goods, or
  2. request to remove the defect, or
  3. request to reduce the price (specifying the amount of such discount), or
  4. notice on withdrawal from the agreement.

4. The Customer’s right to submit a notice on withdrawal from the agreement due to the defect is limited in the following cases:

  1. the Goods defect is minor,
  2. ONE-UP shall propose an immediate and easy for the Customer replacement of the defective Goods to a product free of defects or shall remove the defect.

5. In case referred to in § 10 item 4.2 hereof, the Customer who is a consumer may:

  1. request replacement of the defective Goods to new instead of proposed by ONE-UP defect removal,
  2. request removal of the defect instead of replacement of the Goods proposed by ONE-UP (unless its removal is not possible or it would require ONE-UP to incur excessive costs).

6. ONE-UP shall immediately investigate the claim, however, for a period no longer than:

  1. 14 days as of the claim receipt - in case of a claim submitted under the warranty for the Goods defects;
  2. 30 days as of the claim receipt - in other cases.

7. If the claim is accepted in a way that:

  1. Requires ONE-UP to return the payment in full of in part to the Customer - such return shall be made in a term referred to in § 10 item 6.1 hereof;
  2. Requires ONE-UP to repair the Goods or replace it - such corrective action shall be performed immediately, however taking into consideration a time necessary to perform repairs or manufacture new Goods. ONE-UP shall inform the Customer about estimated time needed to exercise their claim.

8. ONE-UP sends response to a claim in the same form in which it was submitted, unless ONE-UP and the Customer decide otherwise.

§ 11

Termination of the Agreement on registration and account maintenance at the Shop

1. The Customer may delete their account at the Shop an any time, which shall constitute termination of the agreement on provision of service referred to in § 2 item 1.1 hereof.

2. ONE-UP may terminate the agreement on provision of service referred to in § 2 item 1.1 hereof with an immediate effect by deleting the Customer’s account at the Shop in the following cases:

  1. The Customer commits a gross breach of the provisions hereof, in particular uses the service in a way contradictory to the provisions of law or principles of morality,
  2. ONE-UP decided to close its business activity.

3. Termination hereof in accordance with this paragraph has no impact on purchase agreement made and entered into by ONE-UP and the Customer.

§ 12

Final Provisions

1. This Regulations was made in Polish.

2. ONE-UP reserves the right to amend this Regulations at any time, about which the Service buyer is informed by e-mail.

3. Such amendments can be made at any time and shall come into effect within 7 days as of their publication at the Shop. If the Service buyer does not terminate the agreement within the period referred to above in accordance with § 12 hereof, they shall be deemed to accept such amendment.

4. The assessment of impact of information society services provision shall be governed by:

  1. the law in force at the country of the consumer residence, provided that such country is a member of UE and ONE-UP offers its services at this country,
  2. Polish law - in other cases.