Public offer agreement

Effective for all users on June 1  2024

PART 1: GENERAL PROVISIONS

ShopByShop – company project  Avrora Poland Sp z o.o.  (hereinafter referred to as “ShopByShop”, “SBS”, “Company”, “we”, “us” and “our”) provides the services constituting the Subject of this agreement on the terms and conditions set forth in this Agreement and within the specified time frame , in accordance with current legislation. You or the User (hereinafter “User”, “Users”, “You” and “Your”) – this is an individual or legal entity who becomes a user of ShopByShop services. 

This Agreement is a legally binding agreement between you and the Company and governs the provision of the Company's services and related products and services available through the Company. Your use of any services, services or functions of the Company, in particular, the functions of the sites shopbyshop.pl and proflie.shopbyshop.pl (hereinafter referred to as the “Website”), means the unconditional acceptance of this Agreement (hereinafter referred to as the “Agreement”, “Agreement”). Offer", "User Agreement", "Agreement". You agree that this Agreement is equivalent to a written contract between the User and the Company. If you do not agree to the terms of this Agreement in whole or in part, please immediately stop using the company's services and use of the Website.

The Company reserves the right to change or review this User Agreement at its sole discretion and at any time. Each change and/or update comes into effect from the moment it is posted on the Website. Use of the Website after changes and additions are made constitutes the User’s consent to such changes and additions. By accepting this Agreement, you also agree that the use of the websites and services of the Company's partners is subject to the terms and conditions posted on their websites for the terms and costs specified by them.

The User undertakes to read, accept and agree with all the terms of this Agreement, as well as all other rules and documents posted on the site or by link, before using the Company’s services.

All logos, products and services described on this site are registered trademarks of the Company or its licensors or affiliates and may not be copied, imitated or used, in whole or in part, without prior written consent. In addition, all page headers, custom graphics, button icons and service scripts are trademarks or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without prior written consent.

PART 2. SUBJECT OF THIS AGREEMENT

The subject of this Agreement is intermediary and organizational services for the storage and delivery of goods, as well as international transportation services provided to the Client by the Company, as well as the Client’s payment and acceptance of the Goods in accordance with the terms of this Agreement.

This Agreement constitutes the entire agreement between you and ShopByShop  on the use of the Company’s services, as well as on all issues directly or indirectly related to them. This Agreement supersedes all previous written and oral agreements, documents and statements, and may only be modified upon notice by the Company. If any provision of this Agreement is found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable.

The Company's failure to enforce any provision shall not be construed as a waiver of the right to enforce any provision of this or any other agreement. You may not assign any rights or obligations you may have under this Agreement to any third party or party without ShopByShop's prior written consent. The Company reserves the right to assign this Agreement, or any rights or obligations under this Agreement, without your consent.

PART 3. TERMS OF SERVICE

To use the Company's services, you must register an account on our website. One User can have only one account. The Company's services are available only to individuals or legal entities who can enter into transactions that have full legal force in accordance with applicable law. The use of the Company's services is prohibited for minors (under 18 years of age), as well as for persons suspended from using our services or those who constitute an unacceptablelevel of risk.

The Company does not support or do business with persons listed on the List of Specially Designated Nationals and Prohibited Persons (SDN List) of known or suspected terrorists or terrorist organizations. 

By using the Company's services, you agree to comply with international laws, regulations, decisions and relevant rules in the field of transportation of international shipments, in particular, you undertake not to send items specified in the List of goods prohibited for shipment, which is published on our Website, as well as comply with the rules for reliable and safe packaging of shipments. Failure to comply with these requirements is considered a material violation of this Agreement and may be grounds for termination of the provision of services to the User.

You are fully responsible for the accuracy of the delivery address and the correctness of the personal data of the recipients of shipments, as well as for the timely delivery of shipments to the collection points or partner addresses specified by the company.

If any problems arise with the goods at any stage of shipment, you undertake to promptly provide us with all the necessary and reliable information about the contents of the shipment.

In cases where the Company believes that there is a threat of fraud or a risk associated with relations with a particular user and is unacceptable to us, the Company has the right at any time to unilaterally terminate the provision of services to the User for indefinite term. In this case, you will be notified of our actions. You also agree that the Company may use any account information to fulfill any of your obligations to the Company at any time and for any reason permitted by law. The Company considers this Agreement as your consent to compensate for losses in favor of the Company if such were or will be caused to us as a result of your activities in conditions of failure to fulfill the obligations stipulated by this Agreement. The terms described in this section may be supplemented and may differ from other terms specified in the Agreement.

PART 4. COST OF SERVICES

All rates for our services are indicated in the calculator on the website shopbyshop.pl. All calculations are reflected and carried out in Polish zloty (PLN), unless otherwise stated, and may vary depending on the exchange rate. You are fully responsible for timely payment of the Company's services related to the delivery of shipments, as well as the costs of currency conversion and any other costs associated with your shipments.

Access to use of the Company’s services is provided free of charge and is carried out by registering a personal account by the User and using a personal account.

PART 5. PRIVACY AND SECURITY

The Company does not sell or rent your personal information to third parties without your consent. We use your information only to provide you with services. The company considers protecting user privacy to be an essential principle of cooperation. We store and process your information on computers located in Poland, which are protected by both physical and technical security devices. We take a responsible approach to the processing and storage of personal information of consumers of the Company’s services, as well as visitors to the Website. We also operate in full compliance with GDPR requirements.

You must log into your account only on the Website. Users should not use any sites other than the Website. If you do not agree to the transfer or use of your information in this way, please stop using our site and do not use the Company's services.

The website collects information about your behavior on our website and visits to site pages in order to obtain statistics on visits and the effectiveness of site use, form a personal approach and adapt our services to the interests of each user. We do this using various technologies, one of which — cookies. Most often, cookies are used to evaluate the performance of websites (for example, to measure the number of visitors and the length of their stay on the site), to identify the most interesting and visited topics and pages, and to ensure ease of navigation and use of the site, without collecting any information. -or personal information. We use cookies, Google Remarketing Tag, Facebook Pixel and other advertising technologies to target advertising to you based on your individual interests and preferences.

The Company has the unrestricted right to amend, change or cancel any provision of this Agreement without your consent. Usermay not amend, modify or waive any provision of this Agreement.

PART 6. WARRANTY AND RESPONSIBILITY OF THE PARTIES

The company does not guarantee the legality of ownership and merchantability of items that are sent using the company's services. The company cannot guarantee the absence of violations of intellectual property rights in the content of international shipments sent using the company's services.

The Company does not guarantee the timing of the provision of services, does not define specific deadlines and does not guarantee the time required to perform services, the timing of transportation, return, storage or destruction of international shipments, the timing of the fulfillment of any obligations of the Company’s partners in relation to to Users, since the Company’s services depend on many factors independent of us.

You agree to indemnify, including reasonable attorneys' fees, and hold Shop By Shop, our affiliates, subsidiaries, affiliates, management, agents and employees harmless from any and all claims and claims made by any party based on or in connection with your violation of this Agreement or the documents incorporated by reference herein or your violation of any laws or the rights of third parties relating to your use of our services.

Under no circumstances will the Company be liable for lost profits, moral or reputational damage, or for any special, direct or consequential damages arising out of or in connection with our site, our services or this agreement, regardless of the reason for its occurrence. The Company's liability is limited to the actual amount of losses incurred, which is determined based on the amount specified by the Client when ordering services.

The Company’s failure to comply with any provisions of this Agreement or inaction regarding your violation of this Agreement cannot be considered a waiver of such provisions and does not waive the Company’s right to take appropriate action for subsequent or similar violations.

PART 7. DISPUTE RESOLUTION

All questions regarding the resolution of disputes regarding international shipments made using the Company’s services should be directed exclusively to the Company.

You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this site, the terms of use or the Shop By Shop services must be filed within one years from the date the cause of action arose or they will be considered canceled and closed as untimely.

You must comply with all laws of the Republic of Poland, as well as international laws, statutes, regulations, regulations, contracts and licenses that apply to your use of our services. In the event of a dispute between you and the Company, our goal — provide you with a neutral and cost-effective means of quickly resolving your dispute. You agree that any controversy or claim at law or equity arising in connection with this Agreement or the Company's services shall be resolved by the Parties in writing. We strongly recommend that Users contact the Company directly to find a solution. The Company will consider reasonable requests to resolve a dispute through alternatives to litigation, such as mediation.

Disputes about our services can be reported to Customer Service online by calling

+ 48-573 309 747, or by contacting the Company in writing at:

Avrora Poland , Sp z o.o.

Ul. Octowa, 24 

15-399 Białystok 

PART 8. CONTACT INFORMATION

To the extent permitted by applicable law, this Agreement and any other agreements, communications or information relating to your profile and or your use of the Services ("Communications") may be provided to you electronically, and you agree to receive all Communications from the Company electronically. Electronic Messages may be posted on the pages of the site and/or sent to your email address. You may print a copy of any Communication and retain it for your records. All Communications in electronic or paper format will be deemed to be “written.” Alternatively, we may send you a message to the email address you provided when you registered, or by regular mail to the address specified in your account.

Except as expressly stated otherwise, any communications must be sent by mail to the Company in writing at:

Avrora Poland , Sp z o.o., Ul. Octowa 24, 15-399 Białystok  or to our online message center.

If you have any questions or need additional information, please contact the online support team, call + 48-573 309 747, or contact Avrora Poland, Sp z o.o., Ul. Octowa, 24, 15-399 Białystok ,  Poland in writing.