Terms of Use

BARTEK (AMERICA) ONLINE STORE REGULATIONS – eBARTEK.com

 
These regulations determine the conditions and mode of submittal, realisation and settlements of retail orders for shoes and other assortment distributed by M COMMERCE SOLUTIONS, INC.
 
Contents of the regulations: 
I. General provisions
II. Submittal of orders
III. Delivery and payments
IV. Complaints, guarantee and returns
V. Personal data protection
VI. Final provisions
 
 
I. General provisions
1. The online store (called hereafter the „Store”) is operated by M COMMERCE SOLUTIONS, INC. with seat in Glendale Heights, IL – U.S.A. as a Authorized Representative of BARTEK S.A. with seat in Minsk Mazowiecki, Poland for operation in the United States of America and Canada.
2. The Store operates at the following website address: http://www.ebartek.com
3. Online store system requirements: Internet Explorer 7 or higher, Mozilla Firefox 3.5 or higher, Chrome 8 or higher, Opera 10.6 or higher, Safari 4 or higher. Minimum screen resolution: 1024x768. Regardless of the web browser type, it is required to activate cookies as well as to enable JavaScript. Additionally the Adobe Flash Player 10 (or higher) is required. To be downloaded from:http://get.adobe.com/pl/flashplayer/
4. Orders may be submitted by natural and legal persons, called hereafter „Clients”.
5. The subject of transaction is shoes and other assortment distributed by BARTEK S.A. (called hereafter the „Goods”) indicated in the Store. If BARTEK S.A. is not the manufacturer of the Goods, their description will include the data of the manufacturer or the importer.    
6. The prices of the Goods and services related to their delivery are denominated in the US dollars and they do not include any sales taxes or custom fees.  The prices of the Goods themselves do not include the cost of delivery and other possible fees.
7. The Store reserves the right to modify the prices of the Goods, as well as to offer new and withdraw the previously presented Goods, but such modifications will not apply to any orders accepted in accordance with the provisions indicated in Chapter II of the Regulations.
8. All the Goods are new and they are divided into quality groups. They will be free of physical and legal defects.
9. A proof of purchase is issued against purchased Goods: a cash register receipt  or invoice. The proof of purchase will be sent along with the Goods.
10. Orders are realised within the selected areas and countries worldwide. Limitations to realisation of orders may be implied by the territorial restrictions the supplier is subject to, which are indicated in Chapter III of the Regulations.”
11. The Store may conduct promotional actions and sales in accordance with the terms and conditions indicated in the Store. Promotional offers are not cumulative, unless it is permitted in the specific terms and conditions of the special offer.
12. The contents of the Regulations constitute the terms and conditions of a sale contract concluded with the Client, and the contract is subject to the State of Illinois law and the US federal  general jurisdiction.


II. Submittal of orders. 
1. Orders for the Goods may be submitted through the webpage www.ebartek.com  or at the following e-mail address:  estore@ebartek.com  Additionally orders may be submitted through a toll free infoline: 1-855-322-7835 (exclusively for domestic calls in the USA and Canada) or at the following numbers: 1-773-754-5909; 1-773-789-7373, in accordance with the operator’s price list.
2. Online orders are received 24/7. Telephone orders through the infoline are received from Monday to Friday between 8:30AM and 6:30PM.
3. The procedure of realisation of submitted orders commences the first business day after their submittal. The term of realisation of orders varies between 1 and 14 business days, and depends of availaibility of Item.
4. For the orders to be considered, an order form must be filled out properly and completely. The Client must follow the instructions and provide their data, the address and contact information, the data indicating the Goods to be ordered, as well as indicate the mode of delivery and the mode of payment.
5. Before an order has been finally accepted through the command „PLACE THE ORDER”, the Client may abort the process of ordering.
6. An order which requires clarification or additional data needed for its processing will be verified by the Store staff through the indicated web address or by phone. Orders which cannot be verified may be cancelled, of which the Client will be informed, provided they have submitted the required data. 
7. In exceptional cases availability of the Goods in the Store does not imply a possibility of realisation of orders. Due to the storehouse transfer orders related to the continuous sale of the Goods, orders are considered to have been accepted the moment the Store sends a confirmation of realisation of the order, indicating the order identification number. This is when a contract for sale of Goods is deemed to have been concluded.
8. In case there is no stock of Goods in the storehouse, the Client is informed of the consequent postponement of realisation of the order. If the Client does not approve of such postponement of realisation of the order, they may cancel the whole order or remove the item which causes the postponement.
9. The Store offers Clients such additional functions as: edition of own profile, address data updates, access to the order history, dispatch tracking, commercial information on the Goods through a newsletter. The access to these functions requires an additional register in the „REGULAR CLIENTS” data base. Using the „NEWSLETTER” command the Client may order commercial information on the Goods, which will be sent to the indicated e-mail address. Additional registration implies consent for processing of the Client’s personal data within the indicated range. The Client may renounce the access to the additional functions of the Store anytime.  
10. Orders, depending on the stage of their realisation, may have one of the following statuses:
- „waiting” – it is required to provide additional information about the Client or the Goods,
- „submitted” – reservation of the shoes – confirmation and number of the order sent by e-mail,
- „in realisation” – the Goods and document for the submitted order are being prepared,
- „realised” – packing and dispatching the parcel for delivery.
11. Any inquiries regarding terms and conditions of sale and customer service as well as the status of realisation of the orders should be submitted to the following e-mail addresses: estore@ebartek.com;order@ebartek.comor through a toll free infoline: 1-855-322-7835 (exclusively for domestic calls in the USA and Canada) or at the following numbers: 1-773-754-5909; 1-773-789-7373, in accordance with the operator’s price list. The Store will provide an immediate answer.
 
 
III. Delivery and payments
1. The Goods will be supplied through: United States Postal Services or UPS United Parcel Services.
2. The cost of delivery, depending on the selected mode and place of delivery will be calculated automatically and indicated in the given order before it is finally accepted. The binding delivery price list is presented in Attachment 3 to these regulations and it is available HERE: http://www.ebartek.com/us/site/50/shipping-rates.html
3. Overseas deliveries are realised exclusively through the United States Postal Services.
4. Clients are obliged to thoroughly revise the received Goods, so as to verify whether the Goods have not been damaged in transport. If any defects or shortages are detected, an appropriate protocol must be made to describe the irregularities and sent to the Store.
5. Payments for the Goods may be realised exclusively in the U.S. Dollars (USD) in the following manners:
- (direct deposit) bank transfer to the following Store bank account: 291010029563 at Bank of America
- (card payment) transfer through the Authorize.Net Global Gateway payment system, which operates at the following web address: http://www.authorize.net
- (PayPal) transfer through the PayPal electronic payment system, which operates at the following web address:  http://www.paypal.com
 
1) Clients must not combine distinct modes of payment for a single order.
2) Clients are obliged to pay for the submitted orders within three working days, counting from the day the order is confirmed by the Store. It is possible to prolong the term of payment, provided it has been expressly agreed with the Store. 
3) Payments may be realised as a transfer through the FirstData or PayPal electronic payment systems exclusively by those who are authorised to use the given instrument in accordance with the terms and conditions agreed between the Client and the operator of the given electronic payment system. Once either of the two offered electronic payment systems has been selected, the Store will immediately redirect the Client to the web site of the operator of the given electronic payment system in order to conclude the payment procedure.
4) The safety of the transactions is ensured and guaranteed by FirstData , the operator of the FDGG system, and PayPal  the operator of the PayPal system.
 
 
IV. Returns, complaints, guarantee
1. Clients who are natural persons purchasing the Goods for purposes which are not related to professional or commercial activities (called hereafter „Client-Consumers”) are entitled to withdraw from the sale contract without specifying any reason, sending a corresponding written notice RMA along with the Goods, within 30 days from the moment the Goods are received. The notice form is presented in Attachment 1 to these regulations and may be downloaded from our website or emailed on demand.
 
1) The right to withdraw from the contract does not apply to audio and video materials and the data recorded on data carriers, once the Client-Consumer has removed the original packaging. 
2) The Goods must be returned to the seat of  M COMMERCE SOLUTIONS, INC. at the Client’s expense, which will not be reimbursed. „Collect on delivery” shipments will not be accepted.
3) The returned Goods must be complete and unaltered, preferably in the original, undamaged manufacturer’s packaging.
4) The Client-Consumer is obliged to properly protect the Goods to be returned, in order to prevent their damage. The package must be labelled with the note THE ONLINE STORE.
5) The Client-Consumer must send a proof of purchase of the Goods along with the Goods and the aforementioned notice.
6) The reimbursement for the returned Goods will be transferred within 14 days from the moment the Goods are received. The transfer of the reimbursement will be made the same way as was initially paid. The cost of another form of reimbursement will be charged in whole to the Client-Consumer.
7) The Store, if so requested by the Client-Consumer, will confirm the reimbursement in an e-mail message sent to the address indicated to the Store by the Client. 
 
2. The Goods shall be subject to complaint in case of their noncompliance with the contract. The Store will not be liable for complaints if the Client-Consumer was aware or should have been rationally aware of such noncompliance. The so called hidden defects are subject to guarantee protection. 
 
1) The complaint should be submitted in a legibly filled form to the address of BARTEK S.A. The complaint form is presented in Attachment 2 to these regulations and may be downloaded from our website or emailed on demand.
2) The basis for acceptance of a complaint is a proof of purchase of the Goods and the return of complete Goods (in case of shoes, the whole pair must be returned).
3) The Store incurs the cost of shipment of the Goods in case of justified complaints.
4) Within the complaint claims the Client-Consumer may demand the following:
a) replacement of the Goods, unless repair or replacement is not possible or requires excessive costs.
b) If the Client-Consumer cannot demand repair or replacement for the aforementioned reasons, or the Store cannot fulfil such a demand in due time or the repair or replacement would expose the Store to significant inconvenience, the Client is entitled to demand an adequate reduction of the price or to withdraw from the contract. It is not possible to withdraw from the contract, if the noncompliance of the Goods is not essential.
5) Complaint claims may be pursued within one year. The Client-Consumer looses the right to complaint claims, if they are not submitted within two month from the moment the noncompliance of the Goods with the contract is detected.
6) The Store will take a position on the complaint claims within 14 days from the moment the Goods are received, or otherwise the complaint will be deemed accepted. Repairs will be realised within 21 calendar days.
7) The following aspects are not subject to complaints: 
a) mechanical damage and other kinds of damage caused by insufficient or inadequate maintenance of the Goods,
b) differences between the delivered Goods and the Goods visually presented in the Store, particularly as regards colours and proportions, due to individual settings of the ICT devices used by the Client.
c) the features of the Goods due to which they have been classified as quality II or III. The quality symbols of the Goods are included in their descriptions. Slight irregularities, often invisible to Clients, constitute a basis for reclassification of the Goods, but this does not influence the comfort of use, and in the case of shoes the correct development of children’s feet. Such Goods are adequately cheaper.
 
3. The Store is also liable to the Client-Consumer for noncompliance of the Goods with the contract in the case a declaration is made in a document or an advertisement (guarantee). The guarantee liability and the guarantor’s duties are implied exclusively by such a document.
 
 
V. Personal data protection
1. Submitting an order the Client consents to saving and processing of their personal data in accordance with the law, including the following:
1) name, 
2) permanent residence address or a correspondence address, if it is different to the permanent residence address,
3) Client’s e-mail address,
4) Client’s bank account number and a contact telephone number, if required for the purpose of submittal, realisation and settlement of orders.
2. The aforementioned personal data will be processed exclusively for the purpose of submittal, realisation and settlement of orders.
3. Clients may consent to processing of their personal data also within the additional range determined in Chapter II, paragraph 9 of the Regulations.
4. The unique administrator of the personal data is M COMMERCE SOLUTIONS, INC. with seat in Glendale Heights, IL – U.S.A. Personal data will not be transferred or made available to any third parties.
5. The aforementioned personal data are protected from unauthorised access of any third parties.
6. Clients are entitled to access and modify their data, as well as to demand they should not be processed anymore.
 
 
VI. Final provisions
1. The contents of the Regulations may be downloaded, copied and saved for the purposes related to submittal, realisation and settlement of orders. Submittal of an order in the Store implies acceptance of the Regulations.
2. During submittal, realisation and settlement of orders Clients must not provide unlawful information.  
3. Any trade names, specimens and trade marks of the Goods are used for identification and may be protected by applicable legal provisions for the benefit of BARTEK S.A. or other owners. 
4. Information related to any Goods which are not manufactured by BARTEK S.A. complies with the data received from manufacturers which are always indicated for all the Goods.
5. BARTEK S.A. nor M COMMERCE SOLUTIONS, INC. will not be held responsible if using the Store is impossible or hindered due to the following factors:
1) temporary suspension of the ICT system by BARTEK S.A. due to technical requirements, such as: maintenance, equipment or software replacement, or a necessity to realise other modifications as regards the operation of the Store,
2) operation of the servers, e-mail accounts and software used by Clients,
3) other causes beyond the control of BARTEK S.A.and M COMMERCE SOLUTIONS, INC.
6. M COMMERCE SOLUTIONS, INC. reserves the right to modify the contents of the Regulations, and the contents of the amended Regulations will be published a few days in advance. Orders are realised and settled in accordance with the contents of the Regulations which are binding at the moment they are submitted.
7. These Regulations (No. 2A/12) entered into force on August 21, 2012.