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. ONE-UP offers to the Customers the provision of following information society services:
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:
7. The Purchase is made by following the procedure below:
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: firstname.lastname@example.org.
10. If registered at the site, the Customer may also add a review of the Goods by following the procedure below:
11. The Customers, both registered and not, can also add comments to articles published at the Shop blog by following the procedure below:
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.
1. In order to ensure proper service provision by ONE-UP, the Customer is obliged to meet all of the following technical requirements:
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.
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.
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.
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.
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.
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:
ONE-UP declares that it took any steps necessary to minimalize such risks.
3. ONE-UP shall not be liable for:
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.
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.
1. The Customer may submit any claims regarding services provided by ONE-UP on the basis hereof by an e-mail sent to email@example.com.
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:
4. The Customer’s right to submit a notice on withdrawal from the agreement due to the defect is limited in the following cases:
5. In case referred to in § 10 item 4.2 hereof, the Customer who is a consumer may:
6. ONE-UP shall immediately investigate the claim, however, for a period no longer than:
7. If the claim is accepted in a way that:
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.
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:
3. Termination hereof in accordance with this paragraph has no impact on purchase agreement made and entered into by ONE-UP and the Customer.
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: