Statute
Contents:
§ 1 Definitions
§ 2 General provisions
§ 3 Customer Account
§ 4 Orders
§ 5 Payment and price
§ 6 Delivery
§ 7 Withdrawal from the contract
§ 8 Complaints
§ 9 Personal Data Protection
§ 10 Provision of services electronically
§ 11 Final provisions
§ 1 Definitions
The terms used in the Regulations mean:
1) Store / Online Store – online store run by the Seller available at …………………… 1,
2) Seller ……………………………………………………………………………………..…,2, e-mail address: …………… …………. 3, telephone number: ………………………….4,
3) Customer - a natural person, a legal person and an organizational unit without legal personality, which is granted legal capacity by law, purchasing Products via the Online Store,
4) Registered Customer – a Customer using the Online Store who has registered and created a Customer Account,
5) Registration - a one-time activity performed by the Customer within the Online Store, consisting of completing the registration form in order to set up a Customer Account;
6) Password - a string of letters, digits or other characters specified by the Customer during Registration in the Online Store, enabling access to the Customer Account and serving to secure it;
7) Customer Account - an individual Customer panel available after registration and logging in, marked with a login and password, used to purchase Products via the Online Store, as well as for the Customer to obtain information about the history of Orders;
8) Consumer - a natural person purchasing Products in the Online Store for purposes not directly related to his or her business or professional activity,
9) Entrepreneur – a natural person, a legal person or an entity without legal personality, purchasing Products in the Online Store as part of a business or professional activity; in the case of a natural person, an Entrepreneur is considered a natural person purchasing Products in the Online Store for purposes directly related to his or her business activity, if the content of this contract shows that it is of a professional nature for him or her, resulting in particular from the subject of his or her business activity, made available pursuant to the provisions on the Central Registration and Information on Business.
10) Entrepreneur with consumer rights - a natural person purchasing Products in the Online Store for purposes directly related to his business activity, when the content of this contract shows that it does not have a professional character for him, resulting in particular from the subject of his business activity, made available pursuant to the provisions on the Central Registration and Information on Business.
11) Working days - days of the week from Monday to Friday, except public holidays in accordance with the Act of January 18, 1951 on public holidays.
12) Regulations - this document specifying the rights and obligations of the Seller and the Customer as well as the conditions for placing orders and making purchases in the Online Store.
13) Basket - a service provided by the Seller in the Online Store, in which the Products added by the Customer to the Order are visible, enabling placing and changing the Order, as well as displaying the current value of the Order;
14) Order - the Customer's declaration of will, constituting an offer to conclude a Sales Agreement submitted to the Seller by the Customer, placed using the functionality of the Online Store, containing information necessary to conclude and execute the Sales Agreement.
15) Product – a movable item available in the Online Store, intended for sale on the basis of the Sales Agreement concluded by the Seller with the Customer, using the functionality of the Online Store;
16) Sales Agreement - a sales agreement within the meaning of the Civil Code, regarding the sale by the Seller to the Customer of the Products covered by the Order, the terms of which are specified in the Regulations;
17) GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Regulation about personal data protection);
18) Payment operator - this means an entity providing payment services within the Store to its Customers. The payment operator is the online payment service provider ……………………………………….5
§ 2 General provisions
1. The online store available at …………………… 6 is run by ………………………………………………………………………………… ………………..……………,7, e-mail address: ………………………. 8, telephone: ……………………………….9
2. The Regulations specify the rights and obligations of Customers and the Seller.
3. The Regulations are drawn up in Polish and constitute a standard contract within the meaning of the provisions of the Act of April 23, 1964 - Civil Code.
4. In order to conclude a contract with the Seller, the Customer may exercise the right to negotiate the terms of the contract before placing an order. If the Customer resigns from the possibility of negotiations, these Regulations constitute the content of the contract concluded between the parties.
5. The Customer may gain access to the Regulations at any time via the link provided on the Online Store website, as well as by saving it in any format on the medium of his choice.
6. The products offered in the Online Store are consistent with the contract within the meaning of Art. 43b section 1 and 2 of the Act of May 30, 2014 on consumer rights, unless otherwise indicated in the commercial information.
7. Communication with the Seller made by the Customer causes the Customer to incur costs resulting from contracts concluded by the Customer with third parties for the possibility of using certain forms of distance communication. The seller does not charge any additional fees or benefits for the opportunity to communicate with him.
8. In the event of a dispute with the Seller, the Consumer has the opportunity to settle the matter amicably by:
a) applying to a permanent consumer arbitration court,
b) mediation,
c) contacting the Provincial Inspector of Trade Inspection,
d) contacting the Consumer Federation,
e) using the platform of the online dispute resolution system between consumers and entrepreneurs at the EU level available at http://ec.europa.eu/consumers/odr (ODR Platform).
§ 3 Customer Account
1. In order to create a Customer Account, the Customer registers using the form, providing the data listed in the registration form.
2. The password provided when logging in to the Store may consist of letters, numbers and/or special characters. The password is individual for each customer. You can change your password in your Customer Account by entering your e-mail address and new password.
3. The user's login is the Customer's e-mail address provided during registration.
4. Creating a Customer Account is free and voluntary.
5. Registration is not a condition for placing an order in the Store. The customer can place an order via the Online Store without prior registration, using the order form.
6. The customer undertakes to provide true data.
§ 4 Orders
1. Information about products presented in the Online Store does not constitute an offer within the meaning of the provisions of the Civil Code, it constitutes an invitation to conclude a sales contract.
2. Placing an order constitutes an offer within the meaning of the provisions of the Civil Code, submitted to the Seller by the Customer.
3. The customer has two ways to place an order:
1) placing an order after prior registration via the Customer Account,
2) placing an order without registration, via the order form.
4. In order to place an order, the Customer should add the product he intends to buy to the "Cart". Adding a product to the "Cart" does not constitute placing an order. Products can be freely added or removed from the "Basket".
5. The Customer who has a Customer Account, after logging in and after finally adding the products to the "Basket", is redirected to the form used to place orders in order to provide the delivery method and payment method. The customer is then redirected to the order summary. The order is placed by selecting the "Buy and pay" button.
6. A customer who does not have a customer account, after finally adding the products to the "Basket", is redirected to the form used to place orders in order to provide the address, payer's details, delivery method and payment method. The customer is then redirected to the order summary. The order is placed by selecting the "Buy and pay" button.
7. The condition for placing an order is to read and accept these Regulations, which the Customer confirms before placing the order by checking the appropriate box in the order form.
8. Pressing the "Buy and pay" button means that the Customer has placed an order with the obligation to pay.
9. Information about the total value of the order, which includes the price of the goods and the costs of its delivery, is always provided on the Online Store website when placing the order, including before the Customer directly confirms and places the order. Are
these are the total costs that the Customer is obliged to pay, including applicable taxes and delivery costs.
10. After placing the Order, the Customer will receive a message entitled "Order Confirmation" to the e-mail address provided when placing the Order or associated with the Customer Account. This e-mail constitutes acceptance of the Client's offer. When the Customer is informed about the acceptance of his offer, a Sales Agreement is concluded between the Seller and the Customer.
§ 5 Payment and price
1. The customer has the option of paying for the goods for the placed order in the following way:
a) cash or payment card (cash on delivery) upon delivery of the goods by the supplier,
b) transfer to the Seller's bank account,
c) online payment, BLIK or payment card via the selected Payment Operator.
2. Electronic payments are handled by the Payment Operator. Making a payment via the Payment Operator requires establishing a separate legal relationship with the Payment Operator and accepting its regulations.
3. The prices given on the Online Store website are gross prices and are expressed in Polish zlotys. The price of the product before adding it to the "Cart" does not include shipping costs.
§ 6 Delivery
1. The customer selects the type of delivery from those available on the Online Store website. Delivery takes place to the address indicated by the Customer in the order.
2. The order will be processed immediately, no later than within 30 days, unless a different date is specified in the Product Card or when placing the Order. The order processing time is counted from the moment of obtaining positive payment authorization.
3. The costs of delivering the Order, which, in addition to the price for the Products, are borne by the Customer, are provided on the Online Store website when placing the Order.
4. Upon delivery of the Product, the benefits and burdens associated with the item and the risk of its accidental loss or damage are transferred to the Customer. In the case of delivery by a carrier or forwarder other than the Seller, the release of the Product is deemed to be the Seller's entrusting it to the carrier or forwarder if the Customer is an Entrepreneur, or collecting the Product from the carrier or forwarder if the Customer is a Consumer or Entrepreneur with consumer rights.
5. The Customer who is an Entrepreneur is obliged to check the condition of the Product after delivery of the shipment, in the presence of the representative of the Seller or the entity performing the transport. If any damage to the shipment is detected, the Entrepreneur is obliged to prepare an appropriate report.
6. It is recommended that the Customer who is a Consumer or an Entrepreneur with consumer rights, if possible, checks the Product after delivery of the shipment in the presence of
representative of the Seller or the entity performing the transport. If any damage to the shipment is found, it is also recommended that the Consumer, as well as the Entrepreneur with consumer rights, prepare an appropriate report and immediately contact the Seller.
7. In the case of Orders placed by Customers who are Entrepreneurs, if the Seller cannot fulfill the service due to the fact that the ordered Product is not available, he is entitled to withdraw from it within thirty days of concluding the Sales Agreement.
§ 7 Withdrawal from the contract
1. A Customer who is a Consumer or an Entrepreneur with consumer rights who has concluded a distance contract via the Online Store may withdraw from it without giving a reason within 14 days.
2. The Customer is not entitled to withdraw from the contract in the cases referred to in Art. 38 of the Act of 30 May 2014 on consumer rights
3. The deadline for withdrawal from the contract starts from the date on which the Customer took possession of the Product or on which a third party indicated by him, other than the carrier, came into possession of the Product, and in the case of a contract that:
a) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, its batch or part,
b) consists in regular delivery of the Product for a specified period of time - from taking possession of the first Product.
4. To meet the deadline for withdrawal from the contract, it is sufficient to send a declaration of withdrawal from the contract before the deadline for withdrawal from the contract expires.
5. The Customer may exercise the right to withdraw from the sales contract by sending a declaration of withdrawal by e-mail or in writing to the Seller's address.
6. When exercising the right to withdraw from the Agreement, the Customer may use the sample withdrawal form constituting Appendix 1 to these Regulations, but this is not obligatory.
7. In the event of withdrawal from the contract, the contract is considered null and void.
8. In the event of withdrawal from the contract, the Customer is obliged to return the purchased Product immediately, but no later than within 14 days from the date of withdrawal from the contract. To meet the deadline, it is sufficient to send the returned Product within 14 days to the Seller's address.
9. The costs of returning (returning) the Product are borne by the Customer.
10. The Seller will immediately, no later than within 14 days from receiving the Customer's declaration of withdrawal from the contract, refund all payments made by the Customer, including the costs of delivering the goods, with the exception of additional costs resulting from the delivery method chosen by the Customer other than the cheapest one. usual delivery method offered by the Seller.
11. The Seller refunds the payment using the same method of payment as used by the Customer, unless the Customer has indicated a different method of return in the declaration of withdrawal from the contract, which does not involve any costs for him.
12. The Seller may withhold the refund of payments received from the Customer until he receives the Product back or until the Customer provides proof of its return, depending on which event occurs first.
13. The customer is only responsible for the reduction in the value of the goods resulting from using it in a way other than what was necessary to establish the nature, characteristics and functioning of the goods.
§ 8 Complaints
1. The Seller is not liable to customers who are Entrepreneurs for any defects in the sold goods.
2. Towards Customers who are Consumers or Entrepreneurs with consumer rights, the Seller is liable for the lack of compliance of the Product with the contract on the terms set out in Chapter 5a of the Act on Consumer Rights.
3. A complaint may be submitted by the Customer by e-mail or in writing to the Seller's address.
4. When submitting a complaint, it is recommended to provide at least:
1) name, surname, company, NIP (Tax Identification Number), correspondence address and contact details;
2) information regarding the date of conclusion of the contract along with confirmation of its conclusion;
3) information and circumstances regarding the subject of the complaint, in particular the type and date of non-compliance of the Product with the contract;
4) request regarding the method of examining the complaint.
5. The Seller will respond to the Customer's complaint immediately, no later than within 14 days from the date of its submission. Failure to respond by the Seller within the above deadline means that the Seller considered the complaint justified.
6. If the complaint is not accepted, the Customer will also be informed whether the Seller agrees or not to out-of-court settlement of the dispute. If consent is given, the Seller will indicate to the Customer the entity competent to resolve the dispute out of court.
§ 9 Personal Data Protection
Detailed information regarding the processing of Customers' personal data is specified in the "Privacy Policy", available at: …………………………. 10, which constitutes an integral part of these Regulations.
§ 10 Provision of services electronically
1. The Seller provides the following electronic services free of charge via the Online Store:
1) creating and maintaining a Customer Account in the Online Store;
2) enabling the submission of an Order and the conclusion of a Sales Agreement;
3) enabling the use of the Shopping Cart;
4) Newsletter;
5) providing data and materials available in the Online Store, including, in particular, information about Products;
6) enabling the sending of messages via the contact form available in the Online Store.
2. Technical requirements necessary for cooperation with the IT system through which the Seller provides electronic services:
1) a PC, Mac or other device enabling the use of the Store;
2) access to the Internet;
3) access to e-mail;
4) appropriate software in the form of a web browser.
3. The Customer is prohibited from providing illegal content.
4. The contract for the provision of electronic services is concluded when the Customer creates a Customer Account, when subscribing to the Newsletter service, and when starting to use a given functionality of the Online Store enabling the use of a specific electronic service.
5. The contract for the provision of electronic services consisting in establishing and maintaining a Customer Account in the Online Store, as well as providing the Newsletter service, is concluded for an indefinite period. In the scope of other electronic services provided via the Online Store, the contract for the provision of these services is concluded for an indefinite period and is terminated upon and by the Customer's cessation of using a given electronic service and without the need to submit additional declarations.
6. The customer may terminate the contract referred to in section. at any time and without giving reasons. 4 and 5 by sending an appropriate declaration by e-mail or in writing to the Seller's address. The Customer who is a Consumer as well as an Entrepreneur with consumer rights may also withdraw from the contract referred to in section 4 and 5, withdraw within 14 days without giving a reason, on the terms set out in § 6.
7. A Customer who is a Consumer or an Entrepreneur with consumer rights may submit a complaint regarding services provided electronically by the Seller by e-mail or in writing to the Seller's address.
8. The Seller will consider a complaint regarding services provided electronically within no more than 14 days from the date of its receipt, informing the Customer immediately about its results.
§ 11 Final provisions
1. Customers can access these Regulations at any time via the link available on the Online Store website. The Regulations may be recorded, obtained and reproduced by printing them or saving them on an appropriate data carrier.
2. The provisions of these Regulations are not intended to exclude or limit any rights of Consumers or Entrepreneurs with consumer rights granted to them under
mandatory provisions of law, in particular the Act of May 30, 2014 on consumer rights and the Act of April 23, 1964, the Civil Code. In the event of any unintentional non-compliance of the Regulations with the above provisions, these provisions shall prevail and be applied by the Seller.
3. If any of the provisions of these Regulations are found to be illegal, invalid or otherwise unenforceable to the extent provided for by law, they shall be excluded to this extent. In other respects, the Regulations remain in force.
4. The Seller may change the provisions of the Regulations after informing the Customers by publishing the uniform text of the Regulations on the Online Store website. Changes to the Regulations or the new content of the Regulations come into force after 14 days from the date of posting the new content of the Regulations on the Online Store website.
5. Orders placed during the validity of the previous version of the Regulations will be processed in accordance with its provisions.
6. All graphic elements of the Online Store, technical solutions used therein, content elements, as well as the way in which graphic elements and content are presented (layout), as well as software, databases and other materials placed within the Online Store are subject to copyright. Sellers and are subject to protection in accordance with the provisions of the Act of February 4, 1994 on copyright and related rights.
7. In order to use the Online Store, the Seller grants Customers a non-exclusive, non-assignable, non-transferable License to use the Online Store, granted for the period of use of the Online Store. Under the granted License, the Customer is only entitled to temporarily reproduce the Online Store by displaying it in a web browser, as well as saving temporary files in order to use the available functionalities in a manner consistent with these Regulations.
8. These Regulations are subject to Polish law and are subject to the jurisdiction of Polish courts. The choice of Polish law does not deprive the Consumer of the protection granted to him under provisions that cannot be excluded by contract, under the law that would be applicable in the absence of a choice of law.
9. Any disputes arising between the Seller and the Customer who is a Consumer as well as an Entrepreneur with consumer rights will be resolved by a common court competent in accordance with the provisions of the Code of Civil Procedure
10. Any disputes arising between the Seller and the Customer who is an Entrepreneur will be resolved by a common court having jurisdiction over the Seller's registered office.
Annex 1 - Sample contract withdrawal form.
(this form should be completed and returned only if you wish to withdraw from the contract)
Addressee ………………………11
I/We(*) ………………………………… hereby inform/inform(*) about my/our withdrawal from the contract of sale of the following goods(*) contract of delivery of the following goods(*) contract of specific work consisting in on the production of the following goods(*)/for the provision of the following service(*): ………………………………………………………………………..
Date of conclusion of contract(*)/acceptance(*): …………………………………..
Name and surname of consumer(s): …………………………….
Address of consumer(s): …………………………………….
Signature of the consumer(s) (only if the form is sent on paper)
………………………………………….
Date: …………………………………….
(*) Delete as appropriate.