§ 1 Definitions
1. “SELLER” — Feelgood spółka z ograniczoną odpowiedzialnością (a Polish limited liability company), Tax Identification Number (NIP): 9452179077, National Business Registry Number (REGON): 123104804, National Court Register Number (KRS): 0000507733, registered address for service: Feelgood, ul. TURYSTYCZNA 2, 31-213 Kraków, Poland.
2. “USER” — any person using the Online Store or placing orders directly with the Seller, in particular by e-mail, contact form, business messaging applications, written correspondence, or any other durable medium, being (I) a legal person, (II) an organizational unit without legal personality to which the law grants legal capacity, (III) a natural person having full legal capacity to perform legal acts, or (IV) a natural person who has attained the age of 13 and has limited legal capacity, where the contract concluded is of a kind commonly entered into in minor, everyday matters, or where such person has obtained the legally effective consent of their statutory representative; all Users referred to above, whether acting as Traders or Consumers.
3. “CONSUMER” — a User who is a natural person performing a legal act (a contract of sale concluded through the Store / online Service or directly with the Seller) not directly related to that person’s business or professional activity (Article 22 of the Polish Civil Code).
4. “TRADER” — a natural person, legal person, or organizational unit without legal personality, conducting business or professional activity in its own name.
5. “ONLINE STORE” — the online service available at www.feelgood.pl and www.gadzety.feelgood.pl, owned and operated by the Seller, through which the User may purchase Goods from the Seller.
6. “GOODS” — movable items offered by the Seller, including movable items presented in the Online Store and in the Seller’s commercial offers, which may be the subject of a contract of sale concluded between the Seller and the User.
7. “TERMS AND CONDITIONS” — this document.
8. “CUSTOMER’S OWN PRODUCT” — a movable item (primarily clothing or promotional items) owned by the User, which the User delivers to the Seller for the application of prints or decoration in accordance with the User’s order.
9. “SELLER’S PRODUCT” — a movable item (primarily clothing or promotional items) owned by the Seller, which the Seller sells to the User after applying prints or decoration in accordance with the User’s order.
§ 2 General Provisions
1. The Online Store is operated by Feelgood spółka z ograniczoną odpowiedzialnością, address: Feelgood, ul. Turystyczna 2, 31-213 Kraków, Poland, e-mail address: kontakt@feelgood.pl, NIP: 9452179077, REGON: 123104804, KRS: 0000507733.
2. These Terms and Conditions set out the rules for using the online store located at www.feelgood.pl and www.gadzety.feelgood.pl, including the rules for placing orders for Goods, concluding contracts of sale, the provision of electronic services to the User (facilitating the conclusion of contracts of sale of Goods between the Seller and the User), and the exercise of the User’s rights under applicable law. The Terms and Conditions also set out the conditions for the provision of electronic services and the rules for using the functionalities of the Online Store, as well as the rights and obligations of Users arising from applicable law.
3. The technical requirements for using the Online Store are that the User or the person registering has access to:
1. a computer or other multimedia device with Internet access,
2. an e-mail account,
3. a web browser: Mozilla Firefox version 11.0 or higher, Internet Explorer version 7.0 or higher, Opera version 7.0 or higher, Google Chrome version 12.0.0 or higher, or Safari version 17 or higher,
4. the ability to enable the storage of Cookies and support for Javascript technology in the web browser,
5. a screen resolution appropriate for the device referred to above (the Seller recommends a screen resolution of 1024x768).
§ 3 Electronically Supplied Services
1. Registration in the Online Store, holding an account assigned within the Online Store, and placing orders and concluding a contract of sale with the Seller may only be carried out by Users who hold the status of a trader within the meaning of Article 4(1) et seq. of the Polish Act of 6 March 2018 – Entrepreneurs’ Law. The provision of electronically supplied services by the Seller is excluded for persons and entities other than traders, in particular to the extent that such persons or entities would act in relation to the Seller as consumers within the meaning of Article 22¹ of the Polish Civil Code.
2. The electronic services provided by the Seller to the User (free of charge) are: registration in the Online Store, maintenance of an account in the Online Store, and access to the list of Goods and the order basket, enabling the conclusion of the relevant contract of sale.
3. With respect to electronically supplied services, these Terms and Conditions constitute the terms and conditions referred to in Article 8 of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means. The Terms and Conditions are addressed to all users of the Online Store, as well as to persons registering, subject to paragraph 1 of this Section. The persons referred to in the preceding sentence are obliged to comply with all provisions of the Terms and Conditions.
4. Registration of an account by the User in the Online Store is possible only after the User has read the Terms and Conditions and accepted their provisions. The person registering confirms compliance with the above conditions by ticking the relevant box in the registration form.
5. The account maintenance service is provided for an indefinite period. The User may, at any time and without giving a reason, delete their Account by sending an appropriate request to the Seller by e-mail to: kontakt@feelgood.pl.
6. The remaining services listed in this Section are provided on a one-off basis and terminate upon completion of the order placement process or the registration process.
7. The User is entitled at any time to lodge a complaint regarding the provision of the services referred to in this Section. The User may submit a complaint by e-mail to: reklamacje@feelgood.pl.
§ 4 Rights and Obligations of the User
1. The User is in particular obliged to:
1. use the services offered by the Seller in a manner that does not disrupt the functioning of the Online Store, in particular through the use of specific software or devices,
2. refrain from any actions aimed at gaining access to confidential information held by the Seller,
3. provide complete and accurate data (the User is liable for providing personal data that does not belong to them or is inaccurate),
4. keep the login and password to their account in the Online Store confidential,
5. use the services offered by the Seller in accordance with the laws applicable in the territory of the Republic of Poland, the provisions of the Terms and Conditions, and customary practice in the relevant field,
6. use the services offered by the Seller in a manner that is not burdensome to other Users or to the Seller, with respect for their personal rights (including the right to privacy) and other rights to which they are entitled,
7. use any content made available within the Online Store solely for the User’s own personal use (in particular, copying or making such content available to third parties is prohibited).
2. The Seller may deprive the User of the right to use the Online Store where:
1. false data was provided during registration or when placing an order,
2. a breach of the obligations referred to in this Section has been established,
3. the User has lost trader status.
3. The recording and safeguarding of the content of the contract concluded, and its disclosure to the User, is carried out by means of:
1) making the Terms and Conditions available on the website of the Online Store,
2) sending the User a confirmation of the order placed to the e-mail address from which the order was submitted, together with a copy of the Terms and Conditions,
3) enclosing proof of purchase with the Goods dispatched,
4) recording the content of the order in the Seller’s IT system.
4. The Seller takes all possible technical and organizational measures to prevent unauthorized persons from obtaining or altering the data provided during registration and when placing orders.
§ 5 Prices and Fees Payable for the Delivery of Ordered Goods
1. The User may place an order to purchase from the Seller:
– Goods forming part of the standard offer (without personalization),
– Personalized Goods (prints/decoration tailored to the User’s individual needs, which the User submits directly to the Seller using the product configurator available in the panel of each product).
2. All prices of Goods published on the website of the Online Store:
– are stated in PLN or EUR, or in another currency clearly indicated on the website of the Online Store,
– do not include VAT; where the User has indicated, in the international tax number field, a tax number active in the VIES system, the sale is settled under the European reverse-charge VAT procedure, and where no tax number active in the VIES system has been indicated by the User, the Seller retains the right to charge VAT at the Polish rate of 23%,
– do not include information concerning delivery costs.
3. Prices of Goods (standard, without personalization) offered in the Online Store remain in force until a new price list is approved, in accordance with the Seller’s pricing policy. The Seller reserves the right to change the prices of Goods offered, to introduce new Goods into the Online Store’s offer and to remove unavailable Goods, and to carry out and withdraw promotional campaigns and sales, or to amend them. The foregoing right shall not affect the prices of Goods in orders placed before the date on which a change of price, promotional conditions, or sale conditions takes effect.
4. Promotions in the Online Store may not be combined, unless the terms of the promotion provide otherwise.
5. The price binding on both parties is the price stated in the order summary before the User clicks the “Order with obligation to pay” button. For orders placed through the Seller’s sales representative, the binding price is the price specified in the Seller’s commercial offer, provided it is accepted by the User by e-mail. Upon the User’s confirmation of the offer, a contract is concluded on the terms specified therein, unless these Terms and Conditions provide otherwise.
6. The cost of dispatch and collection of the Goods shall be borne by the User.
7. The cost of delivery/shipment shall be added to the value of the ordered Goods. Accordingly, the final cost of the order comprises the total value of the ordered Goods plus the cost of their shipment. Information on the cost of shipment appears when the User selects the method of delivery and form of payment, or in an order placed through the Seller’s sales representative.
8. The Seller reserves the right to make changes to shipping prices. This does not apply to shipments of Goods already ordered and in the course of fulfillment.
9. The price of Personalized Goods is determined individually, depending on the quantity of products, delivery deadline, and other requirements of the User.
10. Ownership of the Goods sold shall pass to the Buyer only upon payment by the Buyer to the Seller of the full sale price, comprising all amounts due under the contract, including in particular the net price, VAT, transport costs, and other agreed fees.
11. Until full and effective payment of all amounts due in connection with the sale of the Goods, the Goods shall remain the exclusive property of the Seller. During that period, the Buyer is obliged to duly safeguard the Goods, to store them in a manner enabling their identification as the Seller’s property, and to refrain from any action that may lead to the loss, damage, encumbrance, or disposal of the Goods without the Seller’s prior written consent.
§ 6 Placing and Accepting Orders
1. The subject matter of orders placed through the Online Store are:
1) Standard Goods (without personalization) available in the offer published on the website www.feelgood.pl and www.gadzety.feelgood.pl at the time the order is placed (order procedure described in paragraphs 2–5 of this Section),
2) Personalized Goods (order procedure described in paragraphs 5–13 of this Section).
2. The User places an order for Goods using the “Order Basket”. Placing an order electronically or through the online service is tantamount to acceptance of the Terms and Conditions. The Terms and Conditions are made available free of charge through the website feelgood.pl and www.gadzety.feelgood.pl, which ensures the possibility of reviewing their content prior to the conclusion of the contract.
3. By clicking the “Add to basket” icon, the User accepts the selected Goods in accordance with their description and price and expresses the intention to purchase them in accordance with the Terms and Conditions.
4. Upon the User clicking the “order and pay” button, a contract of sale is concluded. The User undertakes to pay the indicated price (and, in addition, to accept the provisions of the Terms and Conditions), and the Seller undertakes to deliver the Goods to the address indicated in the order.
5. Following the placement of an order, the User shall receive, at the e-mail address indicated, a message confirming the order placed.
6. The User places an order for Personalized Goods using the “Personalized Order Basket”.
7. In the “Personalized Order Basket”, the User selects, as applicable, the “Customer’s Own Product” or “Seller’s Product” option.
8. The User is obliged to send (in JPG, PNG, or PDF format) visualizations of the prints or decoration which the Seller is to apply to the Customer’s Own Product or the Seller’s Product. The Seller shall, within 5 business days, confirm acceptance of the visualization or make acceptance of the order conditional upon changes being introduced by the User or the Seller. The User must introduce the changes or accept the changes proposed by the Seller within a non-extendable period of 5 days from receipt of the Seller’s position. Failure to meet this deadline shall be deemed to mean that the order has not been confirmed. If the Seller discovers that the visualizations of prints or decoration that are the subject of the order are inconsistent with the order description (in particular through the use of a greater number of colors, or in the event of inconsistency in the choice of colors), the Seller may refuse to perform the order or demand that the order be amended, setting an appropriate deadline for that purpose.
9. The submission of a visualization by the User is tantamount to the making of the following statement: “I declare that I hold all rights, in particular economic copyrights and related rights, to the submitted visualizations constituting a work within the meaning of the Act on Copyright and Related Rights, to the extent necessary to commission the Seller to apply prints and decoration. I authorize the Seller to use such works for the purpose of performing the contract concluded (the application of prints/decoration). I undertake that, in the event a third party asserts any claims against the Seller for infringement of intellectual property rights with respect to the submitted visualizations (works), I shall cover all justified claims of the claimant, in particular remuneration, damages, costs of court proceedings and pre-litigation and enforcement actions, as well as the costs incurred by the Seller in connection therewith (costs of proceedings, costs of pre-litigation actions). I shall also join the proceedings on the Seller’s side as an intervening party.”
10. In the case of Customer’s Own Products, the User is obliged to deliver the Customer’s Own Product, at their own cost and risk, to the Seller (by courier or registered mail) at the address to be indicated (by e-mail) by the Seller (within the territory of Poland), within a non-extendable period of 5 days from the date the order is accepted by the Seller. The risk of damage to or loss of the Customer’s Own Products shall pass to the Seller upon their receipt. Failure to deliver, or delay in delivering, the Customer’s Own Products shall entitle the Seller, at its discretion, either to withdraw from the contract in whole or in part, or to extend the order fulfillment deadline by the length of the delay in delivery.
11. The contract shall be deemed concluded at the moment the Buyer confirms the order by clicking the button on the main page during the ordering process, marked “order with obligation to pay”, or by the Buyer’s confirmation, in text form (e-mail, chat box), of the Seller’s offer, together with the Seller’s confirmation of acceptance of the order.
12. The order fulfillment deadline shall be indicated in the order confirmation. For orders of standard Goods, the shipping deadline is typically 14 business days from acceptance of the order. The indicative order fulfillment deadline for Personalized Goods is: for Customer’s Own Products – 14 days from delivery of the Customer’s Own Products to the Seller; for Seller’s Products – 14 days from acceptance of the order.
13. The Seller is entitled to refuse to fulfill an order if it becomes aware that the submitted visualization infringes the intellectual property rights of third parties, contains content or images that violate the law, promote the use of violence, incite racial, ethnic, or religious hatred, or otherwise promote discrimination on any grounds, or contains content that is generally regarded as socially unacceptable or contrary to good practice.
14. Orders are also accepted in electronic form — by e-mail, via the contact form, or via the chat available on the website of the Online Store. Placing an order electronically is tantamount to acceptance of the Terms and Conditions.
15. Orders placed under an arrangement individually negotiated with the Seller’s sales representative may relate to Goods offered by the Seller, in particular movable items presented in the online store, catalogues, or the Seller’s commercial or marketing materials, as well as Goods not included in the current offer of the online store, available on the basis of individual arrangements between the Seller and the User. Such Goods may be the subject of contracts of sale concluded between the Seller and the User, including on the basis of individually negotiated commercial, price, quantity, or logistical terms.
16. In response to the User’s inquiry, the Seller’s sales representative may send the User a commercial offer specifying the terms of a potential contract of sale, in particular relating to the type of Goods, their price, quantity, fulfillment deadline, and payment and delivery terms.
17. An offer sent by the Seller constitutes an invitation to conclude a contract and is valid for a period of 30 (thirty) days from the date of its delivery to the User, unless otherwise stated in the offer. Within that period, the User may accept the offer electronically by sending an e-mail confirming acceptance of the offer without reservation.
18. Upon effective acceptance of the offer by the User, a contract of sale is concluded, subject to the provisions of § 7 of these Terms and Conditions.
19. Upon expiry of the offer’s period of validity, the Seller shall no longer be bound by it, and the commercial terms, in particular concerning price, availability of Goods, fulfillment deadlines, and payment terms, may change. In such case, the conclusion of a contract shall require the Seller to present a new offer and its renewed acceptance by the User.
§ 7 Order Fulfillment Procedure; Contractual Right of Withdrawal Subject to a Withdrawal Fee
1. An order may be effectively placed only where the Goods (standard) selected by the User are available in the Seller’s warehouse. Information on availability is provided on the website. Should it transpire that there is a discrepancy between the information provided on the website of the Online Store and the actual warehouse stock, the User shall be informed of this fact and shall have the option to amend the order in whole or in part.
2. In the event that an order cannot be fulfilled owing to the unavailability of the selected Goods, the Seller shall be entitled to withdraw from part of the contract (solely with respect to the unavailable Goods), and the order shall be cancelled in whole or in part, of which the User shall be notified electronically at the e-mail address provided. Any payment made by the User for ordered Goods that cannot be delivered shall be refunded by the Seller within 7 business days of the date on which the User was effectively informed of the impossibility of fulfilling the order.
3. In the case of the sale of promotional Goods or Goods from a clearance sale, the quantity of which is limited, orders shall be fulfilled in the order in which they are received, until stocks are exhausted.
4. The Seller reserves, and the User accepts, that the order fulfillment deadline may change (be extended) in the event of force majeure, as well as failure of the Seller’s electronic systems, failure of printing, polygraphic, or similar equipment and machinery, supply problems (in particular the lack or delay of deliveries to the Seller for reasons beyond the Seller’s control), or problems with access to the Internet or electricity. The extension of the fulfillment deadline shall last for as long as the events described in the preceding sentence, constituting grounds for the change of deadline, persist. The maximum order fulfillment period is 30 business days.
5. In the case of an order for the application of prints/decoration on Customer’s Own Products or Seller’s Products, the User confirms and accepts that:
1) prints/decoration applied on the basis of visualizations submitted by the User may differ slightly in color from the colors shown in the visualization, owing to the display parameters of electronic devices, the characteristics of the Customer’s Own Products/Seller’s Products, and the printing/decoration methods used, and the User shall not raise any claims in this respect; a deviation of up to ±10% relative to the reference standard shall be deemed an acceptable color tolerance;
2) every item of Goods constituting clothing or textiles (including standard Goods) is subject, as regards size, to a tolerance of ±10% relative to the declared size (width, length, depth — collectively and individually), and, as regards shrinkage and fabric weight, to a tolerance of ±5%, and the User shall not raise any claims in this respect;
3) in the case of prints/decoration applied to Customer’s Own Products, damage to or destruction of up to 2% of the quantity of Customer’s Own Products entrusted may occur in the course of production activities, and the User shall not raise any claims in this respect (whether as to compensation for the loss of the given item or as to non-performance of the contract with respect to the item so lost);
4) the visualizations, designs, mock-ups, digital samples, product photographs, and images displayed on the screens of electronic devices presented are for illustrative purposes only; owing to differences arising from printing, embroidery, screen-printing, DTF, DTG, sublimation, or transfer technology, material properties, textile production batches, substrate type, monitor and screen settings, and lighting conditions, the actual colors of the Goods, prints, or decoration may differ from the colors shown in the visualizations, designs, or samples; color deviations of up to 10% relative to the approved design or visualization are permissible; the foregoing differences do not constitute a defect in the Goods, a lack of conformity of the Goods with the contract, improper performance of the contract, or grounds for a complaint, price reduction, withdrawal from the contract, or a claim for damages;
5) owing to the specific nature of the production processes, minor deviations may occur in the positioning and dimensions of the print; the Seller reserves the possibility of such execution tolerances occurring, in particular:
• up to ±10% as regards the placement of the print,
• up to ±10–20% as regards the dimensions of the print, depending on the type of Goods and the production technology used.
Minor differences falling within the above tolerances do not constitute a defect in the Goods or grounds for a complaint.
6. For production reasons, the Seller is entitled to fulfill an order with a quantity tolerance of ±5%, provided that, in the case of an increase in the quantity of Goods within those limits, the User shall pay a proportional surcharge, and, in the case of a decrease in the quantity of Goods within those limits, the User shall pay for the quantity actually supplied; a quantity variation within the range of ±5% shall not entitle the User to refuse acceptance of the Goods, and the given order shall be deemed duly performed by the Seller.
7. Any modification of an order placed shall, to be valid, require a separate arrangement between the Seller and the User, made at least in documentary form.
8. In the case of an order for standard Goods, a Trader shall have a contractual right of withdrawal from the contract, in whole or in part, which, to be valid, requires payment of a withdrawal fee amounting to 25% of the net value of the entire order. The Seller is entitled to set off the withdrawal fee against remuneration already paid. The right of withdrawal must be exercised within 7 days from the date the order was placed.
9. Orders for Personalized Goods, made to the User’s specification and comprising individual markings, prints, embroidery, decoration, graphic designs, company markings, or other elements produced in accordance with the User’s individual guidelines, are not subject to cancellation once fulfillment has commenced. With respect to such Goods, the right of withdrawal from the contract, the right to return the Goods, and the right to demand a withdrawal fee are excluded, both for traders and for consumers, to the extent provided for in Article 38(1)(3) of the Polish Act on Consumer Rights, as goods not pre-fabricated, manufactured according to the consumer’s specification, or intended to satisfy their individual needs. The User acknowledges that the commencement of production of Personalized Goods gives rise, on the part of the Seller, to irreversible production, material, and organizational costs, and that, for this reason, cancellation of the order after fulfillment has commenced is not possible.
10. The period for withdrawal from a distance contract shall be 14 (fourteen) days from the date on which the Consumer, or a third party other than the carrier indicated by the Consumer, takes possession of the item, subject to paragraphs 8 and 9.
11. To meet the deadline, it is sufficient to send the statement of withdrawal before its expiry. The Consumer may submit a statement of withdrawal from the contract using the model form set out in Annex 2 to the Act on Consumer Rights, using the form made available by the Seller, or in any other form consistent with applicable law. The statement may be submitted in particular electronically to the Seller’s e-mail address, namely kontakt@feelgood.pl.
12. The Seller shall promptly confirm to the Consumer receipt of the statement of withdrawal from the contract, at the e-mail address indicated when the contract was concluded or another address indicated in the statement. Upon effective withdrawal from the contract, the contract shall be deemed not to have been concluded. The Consumer is obliged to return the item promptly, and in any event no later than within 14 (fourteen) days from the date of withdrawal from the contract. To meet the deadline, it is sufficient to send the item back before its expiry. The direct costs of returning the item shall be borne by the Consumer, unless the Seller has expressly agreed to bear them or has failed to inform the Consumer of the obligation to bear them. The Consumer shall be liable for any diminished value of the item resulting from use of the item beyond what is necessary to establish its nature, characteristics, and functioning.
13. The Consumer should return the Goods in an unimpaired condition, taking into account the possibility of examining them to the extent necessary to establish the nature, characteristics, and functioning of the Goods, subject to paragraph 9. Where possible, the Goods should be returned in the original packaging, together with all their components, accessories, instructions, and documents supplied at the time of sale. Use of the Goods beyond the scope necessary to establish their nature, characteristics, and functioning may result in the Consumer’s liability for the diminished value of the Goods. The Goods may only be returned in an undamaged condition, showing no signs of use by the Consumer.
14. Where, in the course of performing the service, the Seller establishes that the Customer’s Own Products delivered by the User are of impaired quality, damaged, unsuitable for performance of the service, or that their quantity is inconsistent with the specification provided by the User, the Seller shall, promptly and no later than within 7 days from the date of collection of the Customer’s Own Products, inform the Consumer of the irregularities established, indicating the scope and nature of the deficiencies or irregularities found.
15. Upon receipt of the information referred to above, the Consumer may decide on the further manner of fulfilling the order, in particular by:
a. accepting fulfillment of the order with respect to the available Goods,
b. ordering that the missing quantity of Goods be supplemented, including by way of a further order,
c. any other solution agreed with the Seller concerning the further fulfillment of the order.
16. Failure by the Consumer to provide binding instructions within the period indicated by the Seller shall entitle the Seller to fulfill the order with respect to the Goods actually available, to suspend fulfillment of the order pending agreement on further terms, or to refuse to fulfill the order.
17. Performance of the service with respect to the available Goods, and in accordance with the User’s instruction referred to above, shall constitute due performance of the contract by the Seller. In such case, the User shall not be entitled to any claims whatsoever, including in particular claims under statutory warranty, for improper performance of the contract, or for delay in or lack of fulfillment of the order in respect of the full quantity of Goods originally ordered.
18. Owing to the specific nature of the production processes and the risk of technological losses, the User accepts the possibility of a quantity deviation of the Goods within the range of ±2% relative to the ordered volume. The User is obliged to deliver to the Seller Customer’s Own Products in a quantity that takes into account possible production losses and technological deviations, in particular those relating to the marking, printing, quality-selection, or other production processes. The User undertakes to deliver Customer’s Own Products in a quantity at least 2% greater than the ordered volume, unless the Parties agree otherwise by separate arrangement. Failure to deliver the appropriate surplus of Customer’s Own Products shall be at the User’s risk and may result in the order being fulfilled with respect to the quantity of Goods actually available, without the Seller being liable for any resulting shortfall or for non-performance or improper performance of the contract.
19. Where a Trader withdraws from fulfillment of an order after its confirmation by the Seller and after the Seller has commenced activities relating to the preparation of the marking process for the Goods, but before the marking has actually been carried out, the Trader shall be obliged to pay the Seller an amount equal to 25% of the net value of the order, to cover the costs of production preparation and the administrative costs associated with fulfillment of the order. Commencement of preparation of the marking process shall be understood to mean, in particular, the undertaking by the Seller of organizational, technical, or production activities necessary to carry out the marking of the Goods, such as the preparation of designs, visualizations, production files, printing plates, embroidery programs, machine settings, or other tools used in the marking process. The fee referred to above shall be a lump sum and shall be due irrespective of the scope of preparatory activities carried out and the amount of costs actually incurred by the Seller.
§ 8 Methods of Payment
1. The User has the right to choose the following methods of payment for the ordered Goods:
1. “prepayment in PLN” to the Seller’s account indicated during the order procedure,
2. “prepayment in PLN” via the ApplePay/PayU/PayPal system prior to delivery.
2. Delivery costs are indicated at each stage of the order process and may vary depending on the delivery method chosen by the User and the weight of the ordered Goods. The User is always informed of the delivery cost in the automatically generated order summary, available to the User before the final submission of the statement on the conclusion of the contract.
3. For certain Goods (owing to their size and/or weight), the User will not have all the payment methods indicated in paragraph 1 of this Section available for selection.
4. The Seller reserves the possibility of requiring full prepayment for the first three orders placed by a given User. After the first three orders have been fulfilled, payment terms may be agreed individually by the Parties. The granting of a deferred payment term is the exclusive prerogative of the Seller and does not give rise to any claim on the part of the User for its grant or continuation.
§ 9 Rules for the Delivery of Orders
1. The Seller delivers ordered Goods in the manner indicated by the User from among those listed below (the User makes the selection when placing the order):
1. by courier shipment — through a courier company,
2. by oversized courier shipment (so-called pallet shipment — the Goods are delivered on a pallet) — through a courier company.
2. All Goods offered in the Online Store are brand new and have been lawfully placed on the Polish market, unless otherwise indicated in the description of the Goods published in the Online Store.
3. The User acknowledges and fully accepts that oversized courier shipments (i.e., weighing more than 31.5 kg) are delivered under the so-called “first door” system. This means that the courier does not deliver the shipment into the apartment or the premises of the business, but leaves it at the entrance door/gate, etc.
4. Delivery is possible only within the territory of the Republic of Poland and the European Union.
5. For orders fulfilled on an individual basis, in particular those involving Personalized Goods, the costs of transport, packaging, shipment protection, and other logistics services are determined individually in each case and indicated in the commercial offer or order confirmation.
6. At the User’s request, submitted as part of an order placed through the Seller’s sales representative (in particular in the content of an inquiry or e-mail correspondence), individual packaging of Goods is possible, in particular the packaging of clothing in separate unit packaging (poly bags). Provision of the service referred to above requires an explicit indication thereof in each case in the order or inquiry addressed to the Seller, as well as confirmation of its availability and terms by the Seller. The individual packaging service is chargeable, and its cost is determined individually in each case and indicated in the commercial offer or a separate confirmation from the Seller.
7. Where the User delivers Customer’s Own Products to the Seller for the purpose of fulfilling an order, such Goods shall be released or further dispatched in the packaging in which they were delivered to the Seller. The foregoing shall not apply where the User commissions the Seller to provide individual packaging of the Goods, in particular unit packaging (poly bags), and the Seller confirms the feasibility of providing such service and its terms as part of a separate arrangement or commercial offer. In such case, the packaging rules and their cost shall be determined individually between the Parties.
8. The Seller shall not be liable for non-performance or improper performance of the Contract, including delay in the fulfillment of the order, to the extent that it results from circumstances attributable to manufacturers, suppliers, carriers, or other third parties engaged by the Seller for the purpose of obtaining or delivering the Goods, and whose acts or omissions the Seller, despite exercising due diligence, could not have foreseen or prevented. In particular, the Seller shall not be liable for delays in the delivery of Goods to the Seller, the delivery of Goods inconsistent with the order placed by the Seller, errors in the assembly, marking, or release of the Goods, or other failures attributable to the entities referred to in the preceding sentence.
9. In the event of the circumstances referred to in paragraph 8, the order fulfillment deadline shall be extended accordingly by the duration of the impediment and its direct consequences, to the extent that they prevent timely fulfillment of the order by the Seller.
10. The occurrence of the circumstances referred to in paragraph 8 shall not constitute default by the Seller or improper performance of the Contract and may not constitute grounds for asserting claims for damages against the Seller, for charging contractual penalties, or for exercising any other rights arising solely from delay in, or non-performance of, an obligation, subject to mandatorily applicable provisions of law.
§ 10 Verification of the Quantity and Quality of Goods Entrusted and Additional Costs
1. Where the User delivers Customer’s Own Products to the Seller for the performance of a service, in particular printing, marking, packaging, or other production work, the Seller does not carry out a detailed count or quantity verification of the Goods upon their receipt.
2. Verification of the quantity and condition of the Customer’s Own Products takes place in the course of performance of the service, in particular during the production process. The Seller shall not be liable for quantity discrepancies established at the receipt stage, unless reported by the User at the time of delivery and confirmed by the Seller.
3. Where it is established, in the course of performance of the service, that part of the Goods entrusted is of impaired quality, damaged, unsuitable for performance of the service, or inconsistent with the specification provided by the User, the Seller shall inform the User of the circumstances arisen upon completion of, or during, the production process, indicating the number of Goods with respect to which performance of the service was not possible. The Seller may also — on the basis of a separate arrangement with the User — take steps to supplement the missing quantity of Goods, in particular by way of a further order or renewed production, the costs of which shall be borne by the User.
4. The Seller shall not be liable for failure to perform the service with respect to Goods that are of impaired quality, defective, or inconsistent with the User’s specification.
5. Where it becomes necessary to supplement quantity shortfalls, place a further order for Goods, perform the service again, or fulfill the order on an expedited basis, all additional costs associated therewith, including in particular the costs of production, delivery, logistics, and the organization of the expedited process, shall be borne by the User.
6. The Seller is entitled to issue a separate invoice for the costs referred to above, and their performance shall take place upon the User’s acceptance of the terms of their performance or payment of the additional quotation.
7. At the express request of the User, submitted before the commencement of the production process, the Seller may carry out an additional count of the Customer’s Own Products and a detailed quantity verification thereof. In such case, the service shall be chargeable, and its cost shall be determined individually and communicated to the User before commencement of fulfillment. The activities referred to above shall be carried out only after their prior acceptance by the User and may constitute a condition for the commencement of production.
8. A further order of Goods by the Seller may result in a corresponding extension of the order fulfillment deadline, for which the Seller shall not be liable. The extension of the deadline referred to above shall not constitute non-performance or improper performance of the contract by the Seller and may not constitute grounds for any claims by the User in this respect.
9. Where it is not possible to supplement shortfalls of Customer’s Own Products, or where the User does not accept the costs of supplementing them, the Seller shall fulfill the order with respect to the Goods actually available, and the User shall be obliged to pay remuneration in proportion to the service actually performed.
§ 11 Correspondence
1. To facilitate and streamline the procedure for making purchases in the Online Store, the User agrees to the conduct of e-mail correspondence. As part thereof, the User will receive, at the e-mail address provided upon login:
2. messages relating to the Goods ordered by the User and the current status of order fulfillment. The content of such e-mails includes information about the order: number, status, list of Goods ordered together with prices, amount due, method of payment, method of delivery, address details, etc.
3. confirmation of registration — after registering in the Online Store, the person registering receives a confirmation of registration, together with a request for authorization.
4. confirmation of the order placed — upon the User’s approval of the order, including the list of Goods ordered, prices, method of payment, and method of collection, the User receives information confirming receipt of the order. This includes the order number, a specification of the Goods ordered together with prices, information on the method of payment and delivery, and the destination address for shipment.
5. information on payment by electronic transfer — where the User has selected such payment method, the User receives the relevant information. In the event of problems, the e-mail includes a request to retry the payment.
6. information on dispatch of the order — once the ordered items have been fully assembled and dispatched, the User receives a message confirming this fact, together with information on the address to which the shipment was sent.
§ 12 Place and Manner of Lodging Complaints (Statutory Warranty, Guarantee)
1. The Seller may grant a guarantee for the Goods, or the Goods may be covered by guarantee protection granted by the manufacturer. In each case, all guarantee entitlements (as well as the procedure for exercising them) are described in the guarantee statement.
2. The User may lodge a complaint on the following terms:
– A complaint may be sent to the Seller by e-mail to: reklamacje@feelgood.pl, within 7 days of receipt of the Goods,
– For the complaint procedure to proceed as efficiently as possible, the User should indicate in the complaint: the Goods to which the complaint relates (by indicating the name of the Goods or the order number), the reason for the complaint (e.g., by indicating the defect in the Goods or their lack of conformity with the contract), the date on which the defect/lack of conformity of the Goods with the contract arose, the content of the demand (the User should also indicate whether they are asserting claims under the guarantee or under the statutory warranty), the preferred manner of receiving a response to the complaint, and their contact details,
– The Seller shall respond to the complaint within 30 days of its receipt.
3. The Seller’s total liability towards the User, irrespective of the legal basis of the claims asserted, is limited to the net value of the order to which the claim relates. The Seller shall not be liable for lost profits or indirect damage, except for damage caused by intentional fault.
4. The sizes of Goods offered by the Seller are determined on the basis of size charts made available by the manufacturers of the Goods concerned. The Seller is not the manufacturer of the Goods and shall not be liable for any discrepancies between the actual dimensions of the Goods and the data indicated in the manufacturer’s size charts. The User acknowledges and accepts that the actual dimensions of the Goods may differ from those indicated in the manufacturer’s size charts within the limits of permissible production tolerances arising from the specific nature of the production process and the materials used to manufacture the Goods. Any deviations in the dimensions of the Goods falling within the manufacturer’s tolerances, in particular up to ±2.5%, shall not constitute a defect in the Goods or grounds for lodging a complaint.
5. In relations between the Seller and a User who is a Trader, the Seller’s liability under the statutory warranty for physical defects of the Goods is limited to a period of 3 (three) months from the date the Goods are released to the User. Upon expiry of that period, the User’s rights under the statutory warranty shall lapse.
6. The Seller shall not be liable for the consequences of errors, mistakes, or imprecise indications by the User contained in the content of the order, inquiries, or commercial correspondence, in particular concerning the parameters of the Goods, their specification, variants, colors, quantity, markings, or other characteristics of the order. The Seller’s liability shall be limited exclusively to fulfillment of the order in accordance with the content of the finally accepted offer or order confirmation.
7. The Seller shall not be liable for the quality, technical condition, or properties of Goods entrusted by the User, in particular those provided for the purpose of applying prints, decoration, packaging, or other additional services. The User shall bear full liability for the suitability and condition of such Goods for fulfillment of the order.
8. The Seller shall not be liable for content, markings, graphic designs, logos, or other materials provided by the User, in particular as regards their compliance with applicable law, the rights of third parties, including intellectual property rights, trademarks, or other protected rights. The User shall bear sole liability for the lawfulness of, and compliance with the law of, the materials provided, and authorizes the Seller to use them to the extent necessary for fulfillment of the order.
9. The Seller reserves the right to refuse to fulfill an order where content, markings, graphics, logos, or other materials provided by the User for the purpose of applying prints, decoration, or other forms of marking of the Goods are contrary to applicable law, principles of social conduct, good practice, or generally accepted ethical norms, including human dignity. Refusal to fulfill an order for the reasons indicated above shall not give rise to any liability whatsoever on the part of the Seller, in particular liability for non-performance or improper performance of the contract, nor to any claims by the User.
10. The Seller shall be liable solely towards the User who is a party to the contract of sale or the contract for the provision of services. The Seller shall not be liable towards third parties, in particular end recipients, contracting parties, or clients of the User.
11. The Seller does not accept or examine complaints lodged by persons other than the User, and any claims for defects in the Goods or improper performance of the contract may be lodged solely by the User.
12. Upon further disposal or resale of the Goods by the User to a third party, all liability related to the further trading, offering, sale, delivery, and use of the Goods towards that third party shall pass to the User. In relations between the User and the third party, the Seller is not a party to any legal relationship and shall not be liable for any obligations, statements, assurances, or actions undertaken by the User towards the third party, subject to the Seller’s liability the exclusion of which is impermissible under mandatorily applicable provisions of law.
§ 13 Use of Order Fulfillment for Reference and Promotional Purposes
1. The User consents to the free-of-charge recording, reproduction, and use by the Seller of photographs, film material, and other visual materials depicting Goods produced, marked, personalized, or delivered as part of the fulfillment of an order, including materials containing a logo, trademark, company name, visual identity, or other markings provided by the User for the purposes of fulfilling the order.
2. The consent covers the use of the materials referred to in paragraph 1 solely for informational, reference, marketing, and promotional purposes relating to the Seller’s business, in particular through their publication on the Seller’s websites, social media, catalogues, sales presentations, advertising materials, offers, printed materials, and other communication channels used by the Seller.
3. The consent is granted without territorial limitation and for an indefinite period, and includes the right to process the materials by way of cropping, changing the format, adjusting technical parameters, or making other modifications that do not distort the Goods, the logo, or the User’s markings.
4. The Seller undertakes to use the materials in a manner consistent with their intended purpose and with respect for the good name, reputation, and rights of the User.
5. The User represents that it holds all rights, consents, and authorizations necessary for the use of the markings, logos, trademarks, designs, or other materials provided to the Seller and used in the fulfillment of the order, and that their use by the Seller in accordance with this provision does not infringe the rights of third parties.
6. The User may, at any time, withdraw consent to the further use of the materials by sending an appropriate statement to the Seller’s e-mail address indicated in the Terms and Conditions. In such case, the Seller shall cease further publication of the materials and shall remove them from its electronic communication channels within 14 business days from receipt of the statement.
7. Withdrawal of consent shall not have retroactive effect and shall not cover materials which, prior to the date of receipt of the statement, had been lawfully disseminated, printed, or published in marketing materials, catalogues, sales presentations, or other media, the withdrawal of which would be impossible or would entail disproportionate costs.
§ 14 Final Provisions. Out-of-Court Methods of Handling Complaints and Pursuing Claims. Recycling
1. In matters not regulated by these Terms and Conditions, only the provisions of Polish law shall apply, in particular the provisions of the Polish Civil Code, to the exclusion of conflict-of-laws rules and rules of private international law, including the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980, as amended (CISG). Polish law shall likewise govern the resolution of disputes arising in connection with the validity or performance of contracts of sale concluded by the User with the Seller.
2. The court having jurisdiction to hear disputes arising from a contract of sale concluded by the User with the Seller shall be the court having jurisdiction over the registered office of the Seller.
3. The Terms and Conditions are available in electronic form on the website of the Online Store.
4. The Seller reserves the right to amend the Terms and Conditions at any time, and any amendments shall take effect from the date the User is informed thereof. Orders placed before the date on which amendments are introduced shall be fulfilled on the basis of the provisions in force on the date the order was placed.
5. Product photographs on the pages of the Online Store are for illustrative purposes only; the Goods ordered may differ slightly from those shown in the photograph, in particular as regards color or shade.
6. The Seller draws attention to the fact that certain Goods (containing electrical and electronic components) must not be discarded together with other household waste. A User intending to dispose of such Goods is obliged to hand them in at a collection point for waste electrical and electronic equipment. To this end, the User should contact the Seller. The Seller further advises that a free collection point for used equipment exists in every municipality (gmina). Information on such points may be found on the website or notice board of the relevant municipal office (Urząd Gminy). By ensuring the proper disposal of the Goods, potential negative effects on the natural environment and human health may be prevented.
7. These Terms and Conditions shall enter into force on 6 July 2026.