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Public offer agreement new-balance.pl

1. General provisions

1.1. This User Agreement, which is also the rules of the online store (hereinafter referred to as the "Agreement"), regulates the procedure for using the online store new-balance.pl (hereinafter referred to as the "Site"), providing electronic services, placing orders and concluding purchase and sale agreements.

1.2. The owner, seller and administrator of the Site is Emerson Radio Corp. Full details and contact information are provided in section 10 of this Agreement.

1.3. The User is obliged to read this Agreement before placing an order. Placing an order and confirming familiarization with the Agreement means acceptance of its terms.

1.4. Use of the publicly accessible pages of the Site does not require the creation of an account. If the User does not agree to the rules for using the Site, he must stop using it.

1.5. The Administration has the right to amend this Agreement in connection with changes in legislation, functionality of the Site, payment methods, delivery, or store operations.

1.6. Changes to the Agreement do not affect orders and contracts concluded before such changes come into force. The version of the Agreement in force at the time of placing the order shall apply to them.

2. Terms and definitions

  • The Site is an online store located at new-balance.pl, together with all its pages, functions and services.
  • The Seller or Administration is Emerson Radio Corp, which organizes the operation of the Site and sells the Goods.
  • User — any individual who visits or uses the Site.
  • Buyer is an individual or legal entity who places an order on the Site.
  • Consumer - an individual who concludes a contract with the Seller that is not directly related to his or her business or professional activities.
  • Goods - shoes and other goods presented on the Site.
  • Order — a request made by the Buyer to purchase the selected Goods.
  • Contract - a contract for the purchase and sale of Goods concluded remotely between the Buyer and the Seller.

3. Subject of the Agreement

3.1. The Site provides the User with the opportunity to:

  • view information about the Products;
  • select Products and add them to the cart;
  • place an order;
  • receive information about payment, delivery, returns, exchanges and complaints;
  • contact the store's support service.

3.2. Information about the characteristics of the Product, its price, available sizes, payment methods, delivery times and costs is provided on the page of the relevant Product or in separate sections of the Site.

3.3. Photos of the Goods are for informational purposes only. The color shade may vary slightly depending on the settings of the User's device screen. This does not limit the Consumer's rights in the event that the received Goods do not comply with the description or the terms of the Agreement.

4. Account and personal data

4.1. To place an order, the Buyer must provide the data necessary for the execution of the Agreement, including name, phone number, email address and delivery details.

4.2. Personal data is processed in accordance with the Privacy Policy.

4.3. The Buyer is obliged to provide reliable, complete and up-to-date information. The Seller is not responsible for the inability to fulfill the order caused by the provision of incorrect or incomplete data.

4.4. If the Site offers account creation, the User is obliged to ensure the confidentiality of login data and not to transfer it to third parties.

4.5. In case of suspicion of unauthorized access to the account, the User must immediately notify the Administration.

5. Rights and obligations of the parties

5.1. The User has the right:

  • use the publicly available functions of the Site for free;
  • receive clear and reliable information about the Goods, prices and terms of service;
  • place orders for available Goods;
  • contact the Seller for advice and support;
  • to exercise the Consumer's rights provided for by Polish and European Union legislation.

5.2. The User undertakes:

  • comply with the terms of this Agreement and applicable law;
  • not to use the Site for illegal activities;
  • not attempt to gain unauthorized access to the Site, servers, accounts or data of other persons;
  • not to distribute malicious software and not to take any actions that may disrupt the operation of the Site;
  • provide correct data when placing an order.

5.3. The administration has the right:

  • update the assortment and availability of Goods;
  • change prices until the order is placed;
  • to perform technical maintenance and temporarily restrict access to certain functions of the Site;
  • restrict the User's access to the Site in case of illegal actions, attempts to disrupt its operation or security;
  • verify the accuracy of the order data, if necessary to fulfill it or prevent fraud.

5.4. The Administration undertakes to:

  • provide information required by consumer rights legislation before placing an order;
  • fulfill accepted orders in accordance with the agreed terms;
  • consider returns, cancellations of contracts and complaints in accordance with Polish law;
  • ensure proper protection of personal data in accordance with the Privacy Policy.

6. Intellectual property

6.1. Texts, photographs, graphic materials, design elements, software and other materials of the Site belong to the Administration, the relevant copyright holders or are used on legal grounds.

6.2. The User may use the materials of the Site solely for personal, non-commercial purposes.

6.3. Copying, modifying, distributing, publishing or commercial use of the Site materials without the permission of the relevant copyright holder is prohibited, except as expressly permitted by law.

7. Order, conclusion of contract, payment and delivery

7.1. To place an order, the Buyer selects the Product, indicates the required size and quantity, adds the Product to the cart, provides contact details and confirms the order.

7.2. Before completing the order, the Buyer has the opportunity to check and correct the entered data, familiarize himself with the total cost of the Goods, terms of payment, delivery and this Agreement.

7.3. Clicking the button that clearly states the obligation to pay for the order means that the Buyer submits an order with the obligation to pay.

7.4. After placing an order, an automatic notification of its receipt may be sent to the email address or phone number specified by the Buyer.

7.5. The purchase and sale agreement is considered concluded after the Seller confirms acceptance of the order for execution.

7.6. If the ordered Product is unavailable, the Seller shall notify the Buyer thereof and shall not charge for the unavailable Product.

7.7. Prices on the Site are indicated in Polish zlotys, unless otherwise indicated next to the relevant price. The total order amount and delivery costs are communicated to the Buyer before the final confirmation of the order.

7.8. Payment for the order is made only upon receipt in accordance with the methods specified on the "Delivery and Payment" page.

7.9. Orders are delivered from Ukraine to Poland via Nova Post. Available delivery methods, estimated delivery times and delivery costs are listed on the "Delivery and Payment" page.

7.10. The Consumer has the right to withdraw from the Distance Agreement within 14 calendar days without giving a reason, except for cases provided for by law.

7.11. The procedure for withdrawing from the Agreement, returning, exchanging and submitting a complaint is specified on the "Exchange and Return" page.

7.12. The right to withdraw from the Agreement does not limit the Consumer's rights related to the non-conformity of the Goods with the Agreement.

8. Complaints and liability of the parties

8.1. The Seller is responsible to the Consumer for the conformity of the Goods with the Agreement in accordance with the Polish Consumer Rights Act.

8.2. Complaints can be submitted by e-mail to insale@new-balance.pl or in another way specified on the "Exchange and Return" page.

8.3. It is recommended to indicate in the complaint:

  • Buyer's name and contact details;
  • order number;
  • description of the detected non-conformity or defect;
  • the preferred way to resolve the issue;
  • photos of the Product, if they can help consider the appeal.

8.4. The Seller considers complaints within the time limits established by applicable law.

8.5. The Administration is not responsible for interruptions in the operation of the Site caused by technical work, failures of communication providers, hosting, actions of third parties or circumstances beyond its reasonable control.

8.6. The provisions of this Agreement do not exclude or limit the Seller's liability in cases where such exclusion or limitation is prohibited by law, and do not limit the mandatory rights of the Consumer.

8.7. The User is responsible for the legality of his actions on the Site and for the reliability of the data provided by him.

9. Applicable law and dispute resolution

9.1. This Agreement and contracts concluded through the Site are governed by the laws of Poland.

9.2. The choice of Polish law does not deprive the Consumer of the protection granted to him by the mandatory provisions of the law that would apply in the absence of such choice.

9.3. In the event of a dispute, the Buyer may contact the Seller with a written claim or complaint for an amicable settlement of the issue.

9.4. The consumer may also use out-of-court methods of resolving consumer disputes available in Poland, in particular by contacting the relevant alternative dispute resolution body or by contacting the city or district consumer rights commissioner for assistance.

9.5. If the dispute is not resolved amicably, it shall be considered by a competent court determined in accordance with applicable law.

9.6. If any provision of this Agreement is found to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.

10. Details and contacts

Seller and Site Administrator: Emerson Radio Corp

  • EIN: 22-3285224
  • Company address: 959 Route 46 East, Suite 210, Parsippany, New Jersey, 07054, USA
  • Office address in Poland: 00-120, Warsaw, Złota Street, 59, Złote Tarasy Shopping Center
  • Email: insale@new-balance.pl
  • Phone: +48 22 516 21 19
We work from 09:00 to 22:30, seven days a week

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