§1. General provisions
- The Seller provides Services in accordance with the Regulations and the provisions of generally applicable law.
- The Services are provided via the Store’s website 24 hours a day, 7 days a week.
- The Seller makes these Regulations available on the Store’s website and may make it available in the Customer Account or attach it to e-mail messages containing statements on accepting Customer offers. Customers can at any time: gain access to the Regulations, record them, acquire and restore by printing or saving on a data carrier.
- The information provided on the Store’s website does not constitute an offer of the Seller within the meaning of art. 66 of the Civil Code, and only the invitation of customers to submit offers to conclude a contract, in accordance with art. 71 of the Civil Code.
- Using the Store may involve the Customer incurring the costs of fees for access to the Internet and data transmission, to the extent established in the contract with the telecommunications operator whose services the Customer uses.
§2. Account registration in the store
- The contract for the provision of the Customer Account Service is concluded for an indefinite period when the Seller confirms the registration of the Customer Account.
- The subject of this Customer Account Service is to provide the Customer Account panel, enabling, among others, in. management of customer data and orders.
- To create a Customer Account, you must register voluntarily and free of charge. It takes place by completing and sending to the Seller the registration form, which is available in the area of the Store’s website.
- The condition for the correct completion of the registration form is to complete all its mandatory and possibly optional fields, using true, complete and customer-related data or information.
- Before sending the registration form, by checking its appropriate box, the Customer should declare that he has read the Regulations and accepts its provisions.
- Before sending the registration form, by selecting the appropriate one, the Customer may voluntarily declare that he agrees to the processing of his personal data for marketing purposes by the Seller.
- The Seller informs that the marketing purposes indicated above may include, in particular, sending commercial information by the Seller using the Customer’s contact details. The consent referred to in the above point may be withdrawn at any time.
- Sending the registration form to the Seller takes place using the Store’s functionality and through it.
- Using the Customer Account is possible after creating it and then logging in with the correct login and password.
- Termination of the contract for the provision of the Customer Account Service may be made without giving a reason and at any time, using its functionality or by sending the Customer’s statement on this subject to the Seller, e.g. by e-mail or letter.
§3. Basic functionalities of the store
- The Seller provides the Customers with the following basic functionalities of the Store:
- providing a chat with the Seller,
- providing a search engine for Goods,
- introduction of an opinion about the Product,
- map sharing.
- To use the chat functionality with the Seller, enter the desired content in its field, and then send a message to the Seller. If the chat is in “online” mode, the Seller will respond immediately via the chat functionality.
- To search for Goods in the Store, enter the desired content in the Store’s search engine and then approve it. The functionality allows you to search the Store’s resources using keywords entered by the customer. In addition, the functionality may allow you to perform an advanced search in terms of selected criteria.
- To enter an opinion about the Product, use the feedback form by filling in its obligatory fields and entering the declared rating or content. The functionality may enable the assessment of a marked scale.
- To use the map functionality, the website containing the map must be displayed. The functionality allows you to preview the location of the Seller’s seat.
§4. Orders placed via the Store
- Orders for Goods can be placed via the Store’s website 7 days a week, 24 hours a day, using the Cart function. After completing the list of orders for Goods, in the Cart area, the Customer proceeds to the order.
- After completing the list of orders for Goods, the Customer selects the Delivery method in the Basket area.
- When placing an order, the Customer enters or selects:
- your identification and contact details,
- address data for the purpose of Delivery of the Goods,
- billing data,
- payment method.
- Placing an order is preceded by the Customer receiving, by displaying in the Cart area, information about the total price for the order, including taxes and related costs, in particular the costs of Delivery and payment.
- Placing an order may take place by using the appropriate button in the Cart and is tantamount to submitting to the Seller by the Customer an offer to conclude a contract for the Sale of Goods included in the order.
- Before sending the order form, by checking the appropriate control box, the Customer should declare that he has read the Regulations and accepts its provisions.
- The placed order may be changed by the Customer until the Seller receives information about the Goods being shipped.
- Changing the order may include its cancellation, partial cancellation, extension with additional Goods, change of the Delivery address.
- The Seller shall immediately inform the Customer about the impossibility of accepting the order in the event of the circumstances causing it. This information is provided by phone or e-mail. The information may constitute a rejection of the offer in its entirety or contain the following suggestions for modifying the order:
- rejection of the offer in the part that is impossible to fulfill, which results in the conversion of the value of the contract,
- dividing the Goods to be Delivered into a part that can be Delivered at a later date, which does not result in the conversion of the value of the order.
- Acceptance of the Customer’s offer made by the Seller, subject to the change referred to in the above point, shall be considered a new offer, requiring acceptance by the Customer in order to conclude a Sales contract.
- The Seller confirms that the order has been accepted by sending an e-mail immediately. This message contains the terms of the concluded Sales contract agreed by the parties, as well as the data entered by the Customer in the order form, in order to detect errors in them. If such an error is detected, the Customer may notify the Seller of this fact by sending an e-mail with the correct data.
- Confirmation of the order is tantamount to acceptance by the Seller of the offer to conclude a Sales contract submitted by the Customer.
§5. Telephone orders
- The Seller allows you to place orders for the purchase of Goods by phone.
- In order to place an order by phone for the purchase of Goods, contact the Seller using the telephone numbers provided on the Store’s website, and then place the order orally.
- Confirmation of the acceptance of the telephone order by the Seller is made by immediately sending an e-mail containing information about the content of the concluded contract. This message contains the terms of the concluded Sales contract agreed by the parties, as well as the Customer’s data, in order to detect any errors that may occur. If such an error is detected, the Customer may notify the Seller of this fact by sending an e-mail with the correct data.
- In order to conclude a Sales contract, the Customer is obliged to confirm the will to conclude it in response to the Seller’s message described above.
- Confirmation of the will to conclude a Sales contract is tantamount to its conclusion.
- The Seller provides the Customer with the Service of Selling Goods at a distance.
- The subject of the Sales contract includes the Seller’s obligation to transfer the ownership of the Goods to the Customer and release them, and the Customer’s obligation to collect the Goods and pay the Seller the price of the Goods.
- The Seller reserves the right to conduct promotional campaigns consisting in particular in reducing the price of the Goods or Services until a specified date or until the stock of Goods subject to promotion is exhausted.
- By concluding a Sales contract, the Seller undertakes to provide the Customer with Goods without defects.
- The conclusion of the Sales contract takes place at the moment of confirming the acceptance of the Customer’s order by the Seller.
- The Goods are released at the time specified in the description of the Goods.
- The time of delivery of the Goods may change in the event of a change of the order by the Customer.
- The Goods are released:
- if the Customer chooses the option of Delivery via the Carrier, on Business Days to the address provided by the Customer,
- if the Customer chooses to collect the Goods in person, at the Store’s headquarters on Working Days between 9: 00-17: 00 and on Saturdays and Sundays after prior telephone contact with the Seller.
- Detailed information on the available Delivery methods, Carriers and related costs are published on the Store’s website, and the Customer is informed about them during the ordering process.
- The Goods are released not earlier than after the payment is made by the Customer.
- Confirmation of the release of the Goods to the Carrier for Delivery may be made by sending an e-mail to the Customer’s e-mail address.
- The risk of accidental loss or damage to the item passes to the Consumer as soon as it is delivered to the Consumer.
- If the Customer chooses the option of Delivery via the Carrier, it is recommended that the delivered shipment be inspected by the Customer in the presence of the Carrier.
- In the event of damage to the shipment, the Customer has the right to request the Carrier to draw up an appropriate report.
- The value of the payment for the Sale is determined on the basis of the price list of the Goods available on the Seller’s website at the time of ordering the Goods.
- The prices given on the Store’s website for the given Goods are gross prices in Polish zlotys and include VAT, but do not include the costs of Delivery of the Goods and the selected form of payment.
- The costs of the transaction and delivery of the goods are borne by the customer.
- The total price of the order, visible in the Cart area before placing the order and after selecting the method of Delivery of the Goods and payment, includes the price for the ordered Goods together with tax duties and all related costs, in particular Delivery and transaction costs.
- The total price of the order is binding for the Seller and the Customer.
- The Seller enables the following payment methods for the provided Sales Services:
- in cash or by card upon personal collection at the Store’s headquarters,
- in cash or by card on delivery cash on delivery from the Carrier,
- by traditional transfer to the Seller’s bank account number: PL71 1140 2004 0000 3202 8090 7592,
- using the external payment system PayU, operated by PayU SA with its registered office in Poznań (60-166), at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs of the National Court Register under the KRS number: 0000274399, NIP: 7792308495 and REGON:
- The customer is obliged to make the payment:
- at the time of the release of the Goods – if the payment method is selected in cash,
- within 7 days – if you choose the payment method by traditional transfer,
- at the time of placing the order – if you choose the payment method using an external payment system.
- The reimbursement of the payment by the Seller takes place immediately, not later than within 14 days from the date of the cause, in the case of:
- withdrawal from the contract by the Consumer,
- the Customer’s resignation from the order or part of the order paid before implementation,
- the Seller recognizes the claim covered by the complaint, in whole or in part, on the basis of generally applicable provisions.
- The payment is refunded using the same payment method that was used by the customer in the original transaction, unless he agrees to a different solution that does not involve any costs for him.
- The Seller is not obliged to reimburse the additional costs of Delivery of the Goods incurred by the Customer, if the Customer has chosen a method of Delivery of the Goods other than the cheapest standard method of Delivery offered by the Seller.
- The subject of this Newsletter Service is the provision of the Seller, consisting in sending commercial information to the Customer’s e-mail address.
- To order the newsletter service, use the appropriate newsletter activation field in the registration form or in another form provided by the Seller on the Store’s website.
- The condition for the correct ordering of the Newsletter Service is the provision of the Customer’s e-mail address. Providing this data is voluntary, however, it is necessary to provide the Service and conclude a contract related to it.
- Before sending the order form for the Newsletter Service, by selecting the appropriate control box, the Customer may voluntarily declare that he agrees to the processing of his personal data for marketing purposes by the Seller.
- The Seller informs that the marketing purposes indicated above may include, in particular, sending commercial information by the Seller using the Customer’s contact details. The consent referred to in the above point may be withdrawn at any time.
- The newsletter service order form is sent to the Seller using the Store’s functionality and through it.
- The contract for the provision of the newsletter service is concluded for an indefinite period of time when the Seller confirms the Customer’s subscription to the newsletter list.
- Termination of the contract for the provision of the newsletter Service may be made without giving a reason and at any time, using, inter alia: the functionality of the Store or unsubscribing using the deactivation link in the newsletter message area, as well as by sending the Customer’s statement on this subject to the Seller for example, in an email or letter.
- Complaints may be submitted under the warranty.
- Complaints may be submitted by letter or e-mail to the Seller’s postal or electronic address. They can be submitted using the form, a model of which is attached to the Regulations, but it is not obligatory.
- In the content of the complaint, it is recommended to include:
- Consumer’s contact details that will be used to answer the complaint and conduct correspondence related to it,
- Consumer’s bank account number, which will be used to refund funds, in the event of such circumstances,
- description of the problem and the consumer’s identification data.
- If the complaint under the warranty concerns the Goods, in order to consider the complaint by the Seller, the Consumer is obliged to deliver or send the advertised Goods to the Seller’s address, at his expense.
- The seller recognizes complaints within 14 days from the date of notification.
- The Seller will inform the Consumer about the method of settling the received complaint by e-mail or by ordinary letter, depending on the Consumer’s will or the method of lodging a complaint used by him.
- In the event that the complaint under the warranty concerns the Goods, which, after examining the complaint, are to be sent to the Consumer, the Seller will deliver or send the Goods to the Consumer’s address.
- The return of funds in connection with the complaint will be made using the method of transfer to a bank account or by postal order, in accordance with the will of the Consumer.
- The application of the warranty law is excluded in relation to Customers who are not Consumers.
§9. Out-of-court complaint consideration and redress
- The consumer has the option of using the following extrajudicial means of dealing with complaints and redress:
- submitting an application for resolving a dispute arising from the concluded Sales contract to a permanent amicable consumer court operating at the Trade Inspection, whose address, due to its competence, can be determined via the website of the Office of Competition and Consumer Protection, kept at the URL https: //www.uokik. gov.pl/wazne_adresy.php#faq596,
- submitting an application for the initiation of mediation proceedings on the amicable settlement of the dispute between the Consumer and the Seller to the provincial inspector of the Trade Inspection, whose address, due to its competence, can be determined via the website of the Office of Competition and Consumer Protection, run at the URL https: // uokik.gov.pl/wazne_adresy.php#faq595,
- using the help of a poviat or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
- submitting a complaint via the EU ODR online platform, available at the URL http://ec.europa.eu/consumers/odr/, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013. on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC.
- Detailed information on the out-of-court complaint and redress procedure as well as the rules of access to these procedures can be found at the offices and on the websites of the entities listed in point 1.
- The list of entities and institutions that perform tasks related to the out-of-court resolution of consumer disputes and detailed information on this subject can be found on the website of the Office of Competition and Consumer Protection, available at the URL https://www.uokik.gov.pl.
§10. Withdrawal from the contract
- The provisions contained in this article regarding the right to withdraw from the contract by Consumers apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- The consumer may, without giving a reason, withdraw from the contract within 14 days from the contract, including the Sales contract, subject to the standards indicated in the notice on withdrawal from the contract, attached to the Regulations.
- The right to withdraw from the contract is not entitled to the Consumer in relation to the contract for the Sale of Goods Delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after Delivery.
- In other cases, the Consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. The declaration may be submitted on the form, a specimen of which is attached to the Regulations.
- Immediately, but no later than within 14 days from the date on which the Consumer withdraws from the contract, he is obliged to return the Goods to the Seller or hand it over to a person authorized by the Seller. To meet the deadline, it is enough to return the Goods before its expiry. This provision does not apply if the Seller has offered to collect the Goods himself.
- The consumer is responsible for the decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
- In the event of withdrawal from the contract, it is considered void. If the Consumer submitted a declaration of withdrawal from the contract before the Seller accepted his offer, the offer ceases to be binding.
§11. Processing of data and cookies
§12. License terms
- The Seller grants to the Customers who use the Store a free license for their own personal use and in order to enable the use of the Store, in compliance with these conditions.
- Store name, Store’s graphic design, Store structure, Store, Store source code or compiled code, websites used to operate the Store and any documents developed by the Seller in connection with making the Store available, including related works, including Regulations and other documents or messages sent in connection with the provision of services constitute works within the meaning of the copyright law. The Seller does not transfer to the Customer the proprietary copyrights to the Store or any works constituting its part, or the right to grant permits regarding the disposal and use of proprietary copyrights to these works or the Store, as well as to exercise other dependent rights, not reserved in the license conditions .
- The right to use the Store and related works is valid in the following fields of use: saving and restoring in the memory of a telecommunications device at a place and time selected by you, and access and display via a telecommunications device at a place and time selected by you.
- The customer may not: rent, lease or resell the works or any part of them, as well as create derivative works based on them, change the works, delete information about property rights or copyrights that may appear in the works area, use the works for purposes infringing applicable provisions of common law or ethical and moral standards.
- The license is unlimited in time, unlimited territorially and non-exclusive, and applies to the entire Store and related works. The Seller retains exclusive rights to decide about maintaining the integrity of the Store.
- By publishing any content in the Store, in particular: comments or opinions, the Customer grants the Seller a free, unlimited in time, territorially unlimited and non-exclusive license for their use in the following fields of use: publication in the area of the Store’s website, saving and restoring in the device memory telecommunications at a place and time chosen by them, access and display via a telecommunications device at a place and time chosen by them, while retaining the right to grant sub-licenses as referred to in the points above, in order to enable customers to use the Store.
- The customer acknowledges that it is forbidden to deliver to the Store or through it, content:
- that may mislead other customers,
- violating the personal rights of customers, the Seller or third parties,
- commonly considered offensive, vulgar or violating good manners, in particular: pornographic content, content promoting drug use or excessive consumption of alcohol, content inciting racism, xenophobia or spreading hatred.
- The Seller is entitled to remove or moderate content that violates the provisions of the Regulations.
§13. Binding and changing the regulations
- The Regulations enter into force within 3 days from the date of their publication on the Store’s website.
- Amendments to the Regulations may occur due to changes in the law regarding the subject of the provision of Services, as well as due to technical or organizational changes regarding the services provided by the Seller.
- The Regulations are changed by publishing their new content on the Store’s website.
- The amendment to the Regulations does not apply to Sales contracts concluded before the date of its amendment.
- The publication of information about the amendment to the Regulations takes place in the area of the Store’s website, within 3 days before the effective date of its new wording.
- The seller sends electronically information about the change in the Regulations, if the parties are bound by an agreement concluded for an indefinite period.
§14. Final Provisions
- The meaning of terms written with a capital letter is consistent with the explanations in the part describing the definitions used in the Regulations.
- The seller is not responsible for:
- interruptions in the proper functioning of the Store and improper provision of Services, caused by force majeure, in relation to Customers who are not Consumers,
- interruptions in the proper functioning of the Store and improper performance of Services for Customers who are not Consumers, caused by technical activities or the cause of the entities through which the Seller provides the Services,
- benefits lost by Customers who are not Consumers.
- If there is no possibility of an amicable settlement of the dispute between the Seller and the Customer who is not a Consumer or a Consumer not residing in the territory of the Republic of Poland in the circumstances of allowing such a possibility by the provisions of its national law, the competent court for its settlement shall be the court competent for the seat of the Seller.
- In relation to Customers who are not Consumers or to Consumers who do not reside in the territory of the Republic of Poland, if the provisions of their national law allow such a possibility, the law of the Republic of Poland shall apply as the law applicable to the performance of the contract concluded with the Seller and the settlement of disputes related thereto.
- The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer, resulting from the provisions of generally applicable local law.
- In relation to contracts concluded with the Seller, in the event of non-compliance of the Regulations with the provisions of the generally applicable law in the consumer’s country, these provisions shall apply.
- In the event that the provisions of the Regulations prove to be invalid or ineffective, this circumstance does not affect the validity and effectiveness of the remaining provisions of the Regulations. Instead of invalid or ineffective provisions, there will be a standard corresponding to what the parties have agreed or what they would have agreed if they had included such a provision in the Regulations.
§15. Definitions used in the regulations
Working days are days of the week from Monday to Friday, excluding public holidays.
Delivery is the process of delivering the Goods to the Customer to the destination indicated by him, carried out by the Carrier.
Customer is a natural person, provided that he has full legal capacity or limited legal capacity in cases regulated by generally applicable law or subject to the consent of a statutory representative, as well as a legal person or an organizational unit without legal personality for which the provisions of law generally applicable laws grant legal capacity, which concludes a contract with the Seller for the provision of the Service.
Customer account is a panel that allows you to manage customer orders via the Store, subject to registration and login.
Consumer is a Customer who is a natural person and concludes a contract for a purpose not directly related to his business or professional activity.
Basket is the functionality of the Store, which enables the Customer to complete orders for Goods.
Carrier is an entity that provides Goods Delivery services in cooperation with the Seller.
Regulations are these contractual conditions, the subject of which is the provision of Services by electronic means by the Seller to the Customers, via the Store.