SMASH/CAPITALISM

⊕ Terms

Terms and Conditions of the online store

SMASH CAPITALISM · smashcapitalism.com · Version 01/2026 · Effective date: 10 July 2025

§ 1. General provisions

  1. These Terms and Conditions set out the rules for using the online store operating at smashcapitalism.com, run under the SMASH CAPITALISM brand.
  2. The SMASH CAPITALISM online store is operated by SILVERMOOR CAPITAL PARTNERS sp. z o.o., with its registered office in Warsaw, Poland, entered into the Register of Entrepreneurs of the National Court Register under number 0001250847, tax ID (NIP): 5273225634, REGON: 54516353300000, e-mail: contact@silvermoor-capital.com, hereinafter referred to as the "Seller".
  3. The Terms and Conditions are addressed both to Consumers and to entrepreneurs, as well as to entrepreneurs not purchasing in the course of their business, using the Store, provided that some of its provisions may apply exclusively to Consumers or exclusively to entrepreneurs or to entrepreneurs not purchasing in the course of their business.
  4. Every Customer is obliged to read the Terms and Conditions before making a purchase. Placing an order is equivalent to accepting the Terms and Conditions.
  5. The Terms and Conditions are available at any time on the Store's website in a manner enabling their download.

§ 2. Definitions

Terms used in these Terms and Conditions mean:

  • Store – the online store operating at smashcapitalism.com, run by the Seller under the SMASH CAPITALISM brand.
  • Seller – SILVERMOOR CAPITAL PARTNERS sp. z o.o., owner of the SMASH CAPITALISM brand and operator of the Store.
  • Customer – a natural person with full legal capacity, a legal person, or an organizational unit without legal personality, making or intending to make a purchase in the Store.
  • Consumer – a Customer who is a natural person, making a purchase not directly related to their business or professional activity.
  • Entrepreneur with Consumer rights – a natural person entering into a contract directly related to their business activity, where the content of that contract shows it does not have a professional character for that person.
  • Product – a movable item or service available in the Store, being the subject of the sales contract.
  • Order – a declaration of will by the Customer, aimed directly at concluding a Sales Contract, specifying in particular the type and quantity of Products.
  • Sales Contract – a Product sales contract concluded remotely between the Customer and the Seller via the Store.
  • Account – the Customer's account in the Store, containing data provided by the Customer and information about the Orders they have placed.
  • Cart – a Store software feature enabling selection and gathering of chosen Products before placing an Order.
  • Proof of purchase – a VAT invoice, receipt, or another document confirming the purchase of a Product.

§ 3. Contact with the Store

Seller's address: ul. Chmielna 73B lok. 14, 00-801 Warsaw, Poland

E-mail address: smash@smashcapitalism.com

Phone number: +48 608 145 528

The Customer may communicate with the Seller using the addresses and phone numbers provided in this section. The Customer may communicate with the Seller by phone between 9:00 and 14:00, Monday to Friday.

§ 4. Product and price information

  1. The Store sells Products, in particular clothing, accessories, and graphic materials bearing the SMASH CAPITALISM brand.
  2. Product prices are given in Polish zlotys (PLN) and include VAT.
  3. Prices do not include delivery costs, which are indicated separately during Order placement, unless the order states otherwise.
  4. Information on the total order price, including the Product price and delivery costs, is presented to the Customer before placing the Order.
  5. The Seller reserves the right to change Product prices and to organise and cancel promotional campaigns, in particular discounts and sales. Price changes do not apply to Orders already placed.
  6. Product photos and descriptions are for informational purposes and may slightly differ from the actual appearance of the product due to the individual, handmade nature of most products and related factors beyond the Seller's control.
  7. The Seller informs that some Products may be available in limited quantities.

§ 5. Account registration

  1. Registering an Account in the Store is voluntary and free of charge. It is possible to place Orders without having an Account.
  2. To register an Account, the registration form must be completed, providing at least: an e-mail address and a password.
  3. The Customer undertakes to update the data provided at registration in the event of any changes.
  4. The Customer may at any time and without giving a reason delete the Account by contacting the Seller or using the Account deletion function in the Store.
  5. The Seller has the right to block or delete the Account of a Customer who violates the provisions of the Terms and Conditions.

§ 6. Placing Orders

  1. Orders may be placed 24 hours a day, 7 days a week.
  2. To place an Order, the Customer must: go to the Store and select the Product that is the subject of the Order; click the "Add to cart" button and proceed to the Cart; provide the data necessary to fulfil the Order (delivery address, invoice details); choose a payment and delivery method; accept the Terms and Conditions and confirm the Order with the button.
  3. Placing an Order constitutes an offer to conclude a Sales Contract in accordance with the Terms and Conditions.
  4. After placing an Order, the Customer receives confirmation of Order acceptance at the provided e-mail address. The Sales Contract is concluded once the Seller sends confirmation that the Order has been accepted for fulfilment.
  5. If a Product is unavailable, the Seller will inform the Customer and promptly refund any amount already paid.

§ 7. Payment

  1. The Seller provides the following payment methods:
    • payment by payment card (Visa, MasterCard),
    • instant electronic transfers (e.g. PayU, Przelewy24, BLIK, Stripe),
    • in most cases Google Pay / Apple Pay,
    • subject to the Seller's sole conditions, typically cash on delivery (fee collected by the courier).
  2. Payment must be made within 2 hours from the date of placing the Order. Failure to pay within this period results in cancellation of the Order.
  3. In the case of cash on delivery, payment must be made upon receipt of the parcel.
  4. The Seller issues a Proof of purchase (VAT invoice or receipt) in electronic form, sent to the Customer's e-mail address.

§ 8. Order fulfilment and delivery

  1. Orders are fulfilled within Poland, Germany, and other selected European Union countries.
  2. Order fulfilment begins after payment has been credited and includes preparation for shipment and dispatch by the Seller (in the case of prepayment) or immediately after placing the Order (in the case of cash on delivery).
  3. The Order fulfilment time is between 2 and 7 business days, unless otherwise stated for the Product.
  4. Available delivery methods and estimated costs are indicated in the Store at the Order placement stage.
  5. Upon receipt of the parcel, the Customer is obliged to check the condition of the packaging. If the packaging shows signs of damage, the Customer has the right to refuse to accept the parcel and the obligation to promptly inform the Seller.
  6. The Seller is not responsible for delivery delays caused by force majeure or circumstances attributable to the courier company.

§ 9. Right of withdrawal (Consumers)

  1. The Consumer has the right to withdraw from the concluded Sales Contract within 14 days from the day of taking possession of the Product, without giving any reason.
  2. The period for withdrawing from the Sales Contract, in the execution of which the Seller delivers the Product, is counted from the moment the Consumer or a third party indicated by them, other than the carrier, takes possession of it.
  3. The Consumer may withdraw from the Sales Contract by submitting a declaration of withdrawal to the Seller or by filling in the form enclosed with the shipment and then sending back the parcel, whereby, to avoid doubt, this constitutes an alternative form to a declaration of withdrawal and the date of dispatch of the parcel counts. The declaration may be sent to the e-mail address: orders@smashcapitalism.com or via the form available on the Store's website.
  4. Where the enclosed form is used and withdrawal takes place merely by sending back the return parcel with the product without filing the relevant form, the 14-day period for dispatch is counted from receipt; where a withdrawal form is filed, the product must be returned to the Seller's address promptly, but no later than 3 days from the day on which the Consumer informed the Seller about the withdrawal. Direct costs of returning the Product are borne by the Consumer.
  5. The Seller will refund all payments received from the Consumer, excluding delivery costs, promptly, no later than 14 days from receipt of the return or proof of its dispatch.
  6. The right of withdrawal does not apply, among others, to contracts in which the subject is a Product manufactured to the Consumer's specification or serving to meet their individualised needs (personalised products).

§ 10. Complaints and warranty

  1. The Seller is obliged to deliver a Product free from physical and legal defects.
  2. If the purchased Product is defective, the Customer has the right to lodge a complaint in accordance with the statutory warranty provisions (Art. 556 et seq. of the Polish Civil Code).
  3. Complaints should be submitted:
    • electronically to: orders@smashcapitalism.com,
    • in writing to the Seller's registered address.
  4. The complaint should include: the Customer's first and last name, e-mail or postal address, date of purchase, description of the defect, and the order confirmation enclosed with the product in the shipment, or the receipt or invoice.
  5. The Seller will respond to the complaint within 14 days of its receipt. Failure to respond within this period means the complaint has been accepted.
  6. In the case of an accepted complaint, the Seller will, at the Customer's choice, repair or replace the Product, and if this is not possible, refund the price.

§ 11. Out-of-court dispute resolution

  1. The Consumer has the option of using out-of-court methods of handling complaints and pursuing claims, in particular:
    • referring the matter to a permanent amicable consumer court operating at the Trade Inspection,
    • applying to the Voivodeship Inspector of the Trade Inspection to initiate mediation proceedings,
    • using the ODR (Online Dispute Resolution) platform: https://ec.europa.eu/consumers/odr.
  2. The Seller is not obliged and has not agreed to participate in proceedings under alternative dispute resolution methods, unless such a separate arrangement is included in a written agreement.

§ 12. Personal data

The rules for processing Customers' personal data are described in the Privacy Policy available on the Store's website. Data processing is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and other applicable personal data protection regulations.

§ 13. Intellectual property

  1. The Store and all its elements (logos, graphics, photos, texts, software) are protected by copyright law and are the property of the Seller or are used by the Seller under valid licences.
  2. Copying, modifying, distributing, or using any elements of the Store without the Seller's prior written consent is prohibited.
  3. The SMASH CAPITALISM brand and all related trademarks are the property of SILVERMOOR CAPITAL PARTNERS sp. z o.o.

§ 14. Final provisions

  1. The Terms and Conditions enter into force on 2 May 2025.
  2. The Seller reserves the right to amend the Terms and Conditions. Customers will be informed of any change at least 7 days in advance. Orders placed before the changes take effect are fulfilled under the previous rules.
  3. The law applicable to contracts concluded under these Terms and Conditions is Polish law.
  4. Any disputes arising from the performance of contracts concluded in the Store that are not resolved amicably will be settled by the court competent for the Seller's registered office, subject to mandatory legal provisions, in particular those protecting Consumers.
  5. In matters not regulated by these Terms and Conditions, the provisions of Polish law apply, in particular the Civil Code and the Act of 30 May 2014 on Consumer Rights.
  6. In the case of disputes outside the territory of the Republic of Poland, and more generally in matters most broadly understood under Polish law as related to the conclusion of a sales contract or the expression of intent to conclude one outside the territory of the Republic of Poland, the law of the Republic of Poland applies.