- This is the regulation on the provision of electronic services.
- This regulation (hereinafter referred to as the "Regulation") specifies the rules for concluding and executing contracts for the provision of electronic services and sale contracts in the XXXX online store and the rights and obligations of the parties to these contracts.
- The service is available to all persons (hereinafter "Users") at the address: XXXX
- The owner of the Store (hereinafter "Seller") is XXXX conducting business under the name: XXXX.
- The Seller's contact details, allowing Users effective contact, are:
- address: XXXX,
- phone: XXX (from Monday to Friday, except for statutory holidays, from 9 to 18,
- e-mail address: XXXX
- Contracts for the provision of electronic services and sales are concluded with the Seller through the Store.
- The Seller's business is the sale of products indicated on the Website (hereinafter referred to as "Products").
- The Seller communicates with Users via the website indicated in point 1.2 above, as well as by phone, by mail and by e-mail.
- The store allows:
- creating a User account (hereinafter: "Account") and the ability to maintain it, i.e. enter changes and modifications of data and access to the order archive,
- obtaining information about Products that can be purchased through the Store,
- placing orders by persons using the Store (hereinafter "Buyers" or "Customers"),
- signing up for the newsletter (hereinafter: "Newsletter") - receiving by e-mail information about new products and promotions in the Store, as well as unsubscribing from the Newsletter;
- viewing the website in a version dependent on the requirements of a given device enabling the browsing of web pages.
- In this Regulation, the term "Consumer" means, in accordance with Article 221 of the Civil Code, a User who is a natural person who performs legal acts with a business not directly related to its business or professional activity.
- To register an Account, it is necessary to accept the Regulations by checking the appropriate checkbox located in the registration form.
- Using the Store does not require any fees to be paid by the User.
- Both the sales contract and the contract for the provision of electronic services may be concluded only in Polish. There is no minimum duration of the Consumer's obligations under these contracts. In the event that the Consumer is not entitled to withdraw (point 5.5. of the Regulations), the Consumer's obligation under the sales contract lasts until the price is paid to the Seller.
- Registration of Account and Orders
- Registration of an Account and orders (hereinafter "Orders") in the Store may be made by natural persons, legal persons and organizational units without legal personality to which the law grants legal capacity.
- The service allows registering an Account, consisting in sending by the User a completed Account registration form available in the Store.
- Effective registration of an Account also requires, jointly:
- providing user data in the form, some of which may be optional or required only at the time of placing an order.
- accepting the Regulations and making other declarations marked as mandatory by checking the appropriate checkboxes.
- The buyer undertakes not to disclose the password to third parties.
- Upon setting up an Account, an agreement for the provision of electronic services is concluded between the Seller and the User.
- The information contained in the shop does not constitute an offer within the meaning of the provisions of the Civil Code. An Order is an offer to purchase the goods specified in the Order submitted by the User to the Seller.
- Orders in the Shop can be placed using the form after logging in to your Account, after prior registration in the Shop or without making such registration;
- In order to place an Order, it is necessary to accept the Regulations and make other statements marked as mandatory by selecting the appropriate fields. This may take place when setting up an Account.
- The order placement process is always completed by the User effectively clicking the "Order with payment obligation" button, which is equivalent to the User confirming that the order form has been filled out correctly and that the User is aware that fulfilling the Order entails an obligation to pay, including incurring the selected delivery costs.
- In case of incorrect filling out of the order form, in a manner inconsistent with points 2.1-2.9. above, no agreement is concluded between the Seller and the Buyer.
- After placing an Order, an e-mail message containing confirmation of the User's order is immediately sent to the e-mail address indicated in the form, informing the User that their order has been placed correctly.
- The contract is concluded when the Seller informs about starting to implement the Order. Such confirmation will be sent by mail. In the event that the Customer has paid for the Products before this moment and the order implementation is impossible (especially due to the lack of the Product), the Seller will immediately refund the paid amount.
- In the e-mail message referred to in point 2.12. above, the Seller will provide the Buyer who is a Consumer with the information required by the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2017, item 683). The information will be placed in the body of the e-mail message or in an attachment in *.pdf format. In order to recreate this document, you need to have the appropriate program, e.g. Adobe Acrobat Reader. This information may also be provided by the Seller in paper form together with the delivered Product.
- In the event of unavailability of the Products included in the order, the Seller will inform the Client about the impossibility of implementing the order. If the impossibility of implementing the order concerns only the temporary unavailability of the Products, the Seller will inform the Client about the potential date of implementing the submitted order by e-mail to the address indicated by the Client in the order form.
- Orders are carried out in the order in which they were placed.
- The Seller is entitled to introduce the maximum number of units of a given Product covered by one Order, as well as to introduce limitations on delivery methods, payment methods or wholesale orders. All such limitations will be communicated to the User each time before clicking on the button referred to in point 2.10. above, in such a way as to enable the User to become familiar with them before placing the Order.
- Prices and payments
- The prices of the Products are given in Polish zlotys (PLN) and are gross prices. The prices of the Products given in the Shop do not include delivery costs. The total cost of the order, including delivery costs, will be provided to the Buyer before finalizing the Order, by clicking on the button referred to in point 2.8. above.
- The Buyer has the following payment options:
- bank transfer to the Seller's bank account number indicated in the Service,
- online payment in the instant payment system indicated in the Service,
- cash on delivery - paid to the carrier (courier) delivering the ordered Products (not available with the package machine delivery).
- Payment for the ordered Product should be made by the User within 3 days of the conclusion of the contract, unless the Client decides to make the payment in the manner specified in point 3.2.3.
- At the Buyer's request, specified by selecting the appropriate checkbox, the Seller, after crediting the payment to the Seller's account, will provide the Buyer with an electronic VAT invoice in *.pdf format, to the e-mail address indicated by the Buyer in the form.
- Delivery
- Delivery is limited to the territory of the Republic of Poland. In the case of wanting to receive the Product at an address outside the territory of the Republic of Poland, the Seller will request email contact in order to agree on the possibility and any conditions of such delivery.
- In the case of choosing a payment method, indicated in point 3.2.1 or 3.2.2 of the Regulations, the Order will be completed no later than within 10 working days from the moment of crediting the payment to the Seller's account.
- In the case of choosing a payment method, indicated in point 3.2.3 of the Regulations, the Order will be initiated immediately after the Order is placed.
- Delivery is carried out from Monday to Friday, with the exception of statutory holidays.
- The Products ordered by the Buyer are delivered through the carrier indicated in the Service, whose cost will be indicated each time the Order is placed.
- Right of withdrawal
- A consumer purchasing a Product in the Store has the possibility of withdrawing from the contract concluded with the Seller within 14 (fourteen) days from the date of delivery of the Product, without incurring costs other than direct return costs. The right of withdrawal referred to in the previous sentence may be exercised by submitting a relevant statement in writing or by e-mail, in which case, to comply with the time limit indicated in the previous sentence, it is sufficient to send the statement before its expiry to the address specified in point 1.4.1. of the Regulations. The statement of withdrawal may be made using the form attached to the Regulations and also sent to the Consumer with the confirmation of the conclusion of the contract referred to in point 2.11. of the Regulations, or together with the Product sent.
- In the event of exercising the right of withdrawal, the Seller will promptly return to the Consumer all payments made, including the cost of delivery (with the exception of additional costs resulting from the Consumer's choice of a different method of delivery than the cheapest method of delivery offered by the Seller), no later than 14 (fourteen) days from receipt of the Consumer's statement of withdrawal from the contract, using the same payment method as the Consumer, unless the Consumer has agreed to a different method of refund that does not entail any costs for him. If the Consumer has chosen the payment method provided for in point 3.2.3. of the Regulations, the payment will be returned, with the Consumer's consent and depending on their choice, to the bank account indicated by them or by post to the address indicated by them.
- The Seller may withhold the refund of payments received from the Consumer until the goods are returned or the Consumer provides proof of their return, whichever occurs first.
- In the event of exercising the right of withdrawal, the Consumer shall return the Product to the Seller or make it available to the Seller immediately, but no later than 14 (fourteen) days from the date on which he withdrew from the contract. The deadline is met if the Consumer sends the Product back before the expiry of the 14-day period. The Consumer bears the direct costs of returning the Product.
- The right of withdrawal referred to in point 5.1. above does not apply to the Consumer in connection with the wording of Article 38 of the Consumer Rights Act of 30 May 2014 (consolidated text: (Journal of Laws of 2017, item 683) in relation to contracts:
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who has been informed before the service begins that they will lose the right of withdrawal after the Seller has fulfilled the service;
- in which the price or remuneration depends on fluctuations on the financial market, over which the Seller has no control, and which may occur before the deadline for withdrawal from the contract;
- in which the object of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy their individualized needs;
- in which the object of the service is a thing that deteriorates quickly or has a short shelf-life;
- in which the object of the service is a thing delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- in which the object of the service are things that, upon delivery, become inseparably connected to other things due to their nature;
- in which the object of the service are alcoholic beverages whose price has been agreed upon at the conclusion of the sales contract, and which may only be delivered after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;
- in which the object of the service are sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
- o dostarczanie dzienników, periodyków lub czasopism, z wyjątkiem umowy o prenumeratę;
- concluded through a public auction;
- for the delivery of digital content that is not recorded on a material medium, if the performance of the service has begun with the express consent of the Consumer before the deadline for withdrawal from the contract and after informing them of the loss of the right of withdrawal from the contract.
- The right of withdrawal referred to in this point applies mutatis mutandis to services provided by the Seller electronically.
- Data protection
- Detailed information on data protection can be found in XXXX Privacy Policy XXXX.
- Additional legal reservations
- The content and structure of the Store are protected by copyright. Copying of data or information, in particular the use of texts (including the Regulations) placed on the website, as well as their fragments and photos, graphics, drawings, maps, plans and films, in cases other than those explicitly permitted by law, is prohibited.
- Special provisions related to the provision of services by the Seller electronically
- This Regulations constitute the regulations for the provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of electronic services (consolidated text: (Journal of Laws of 2017, item 1219) with the reservation of point 8.15 below.
- The technical requirements necessary for browsing the Store and cooperation with the teleinformatic system used by the Seller are:
- a device that allows for browsing websites with Internet access, the minimum screen resolution in which access to the Sklep website is responsive is: 1024x768;
- an updated web browser in the latest stable version provided by the manufacturer such as: Internet Explorer, MS Edge, Google Chrome, Mozilla Firefox, Opera, Safari;
- cookies enabled, as well as the appropriate browser add-ons that allow for the handling of Java, JavaScript, Adobe Flash;
- software blocking the execution of the above scripts disabled;
- an active e-mail account;
- information provided by the Seller, including the Regulations, may be made available in the *.pdf format. A program that allows for the opening of these files, such as Adobe Acrobat Reader, is necessary for their review.
- The contract for the provision of services electronically is concluded at the moment of registering the Account by the person using the Store or simultaneously with placing the Order without the necessity of registration or by providing an e-mail address in order to receive the Newsletter.
- The contract for the provision of services electronically is concluded for an indefinite period and may be terminated on the terms specified in the applicable laws, as well as - to the extent permitted by the applicable laws - by sending a statement of termination of the contract for the provision of services electronically to the data of the Seller indicated in point 1.4 of the Regulations. Termination of the contract, other than the Newsletter, is equivalent to deleting the User Account.
- It is prohibited to provide by the User, as part of the use of the Store and other services provided by the Seller electronically, content of an unlawful nature, infringing the personal or property copyrights of third parties, or in any way violating the applicable social and moral norms, rules of social coexistence on the Internet (netiquette). In particular, it is prohibited:
- promoting totalitarian regimes, symbols associated with them, incitement to hatred or committing a crime;
- posting vulgar or vulgar content, or content generally considered offensive;
- posting and using the personal data of other persons and their images without proper authorization;
- providing harmful software;
- posting content promoting the use of drugs or psychoactive substances, or promoting alcohol abuse;
- spamming, as well as having the characteristics of unfair competition or unfair market practice.
- posting content undermining the good name or reputation of the Seller or third parties;
- posting links to pages and files containing the aforementioned content.
- It is forbidden to conduct any penetration tests, security tests, attempts to breach security, and hacking activities against the Store.
- The User is responsible for the content posted by them in the Store. In case the User posts content prohibited by law or the Regulations in the Store, the Seller is entitled to remove it and also to terminate the contract for the provision of electronic services with immediate effect on this basis.
- The procedure for handling complaints regarding services provided electronically is as follows:
- Users of a given service may submit complaints regarding services provided electronically by the Seller; complaints are submitted in writing or via email to the addresses indicated in section 1.4 of the Regulations;
- The complaint should include:
- identification of the User and their identifying data;
- identification of the service that the complaint relates to;
- justification indicating the irregularity.
- Complaints will be considered within 14 days of receipt.
- During the complaints process, the Seller may request additional explanations, documents, or verification of the course of events subject to the complaint.
- After the complaint has been resolved, the Seller will inform the person who submitted the complaint about its acceptance or rejection (and the information about the rejection of the complaint will include justification).
- After the complaints procedure provided for in the Regulations has been exhausted, the User, who is a Consumer, has the option of using the judicial route to assert their potential claims or using the out-of-court complaint methods permitted by law, in particular mediation and the permanent amicable court conducted by the competent units of the Trade Inspection, as well as obtaining assistance in this regard from the competent district or city consumer ombudsman (the Seller is not obliged to agree to the use of out-of-court methods of resolving complaints). Detailed information on the possibility of applying out-of-court procedures is available, among others, at the headquarters of the competent bodies (municipal and district consumer ombudsmen, Provincial Trade Inspection Offices) and on their websites, as well as on the websites of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
- The Seller also informs about the existence of the ODR (online dispute resolution) platform, functional from 15 February 2016, at the following address: http://ec.europa.eu/consumers/odr and the possibility, as of the above date, to use the ODR platform to resolve disputes.
- In order to meet the requirements of the Act referred to in point 8.1 above, the Seller hereby informs that:
- the use of electronic services provided via the Internet carries a risk. The basic security element is the password known only to the User;
- the User is obliged to keep the password secret and not to provide it to third parties;
- the User is responsible for all actions taken through the User's Account;
- the User should immediately inform the Seller about the loss or unauthorized use of the password;
- the Seller is not responsible for any damage resulting from the loss or unauthorized use of the password by the User.
- the Seller is not responsible for any damage resulting from the loss or unauthorized use of the password by the User.
- Newsletter
- Any User can, by providing their email address and accepting the Regulations, and making other required declarations, consent to receiving the Newsletter at the given, own email address.
- In case of such consent, the Seller may periodically send the Newsletter to the email address provided by the User.
- You can opt out of receiving the Newsletter by clicking on the link in each Newsletter message or by sending a message requesting withdrawal to the email address indicated in section 1.4.3 of the Regulations.
- Complaints
- In relation to the Consumer, the Seller undertakes to deliver Products free of defects.
- The Seller is liable to Consumers for defects under the terms of the warranty specified in the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964, No. 16, item 93 as amended). In relation to Buyers who are not Consumers, the provisions of Articles 556-576 of the Act of 23 April 1964 - Civil Code (Journal of Laws of 1964, No. 16, item 93 as amended) do not apply.
- Complaints arising from the warranty may be reported to the Seller in writing or by email to the addresses indicated in section 1.4 of the Regulations.
- Within 14 days of submitting the complaint, the Seller will respond to it and inform the Consumer of further proceedings.
- The Seller will make every effort to ensure that complaints are dealt with promptly.
- After the procedure specified in this paragraph has been exhausted, the User who is a Consumer has the opportunity to use the judicial route to pursue any claims or use the out-of-court methods of complaint permitted by law, in particular mediation and the permanent amicable court run by the competent units of the Trade Inspection, as well as to obtain assistance in this regard from the competent district or city consumer ombudsman (however, the Seller is not obliged to consent to the use of out-of-court methods of resolving complaints). Detailed information on the possibility of using out-of-court procedures may be available at the headquarters of the competent authorities (municipal and district consumer ombudsmen, Provincial Trade Inspection Offices) and on their websites, as well as on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
- The Seller also informs about the existence of the ODR (online dispute resolution) platform, functional from February 15, 2016, at the following address: http://ec.europa.eu/consumers/odr and about the possibility, from the above date, to use the ODR platform to resolve disputes.
- The Seller does not provide any warranties for its Products.
- The Seller does not offer any after-sales services.
- The Buyer who is not a Consumer is obliged to verify in the presence of the carrier (courier) whether the Product has not been delivered damaged. The basis for any return is a damage protocol properly written with the courier, the lack of a protocol is tantamount to non-acceptance of the return of the Product purchased by the Buyer who is not a Consumer by the Seller.
- The Buyer who is not a Consumer is obliged to contact the Seller before making a return in order to establish the date of the courier's pick-up of the returned Product ordered by the Seller at the expense of the Buyer. The Seller's decision regarding the acceptance of the return of the Product by the Buyer who is not a Consumer is final and is not subject to any appeal.
- Final provisions
- The Seller is not bound by any additional, voluntary codes of good practice or other such documents, which does not limit the fact that by virtue of the generally applicable provisions of law, the Seller is obliged to respect the principles of fair competition and not apply unfair market practices.
- The numbers of points (pts) referred to in the Regulations without further specification refer to the appropriate editorial units of the Regulations.
- The resolution of any disputes that may arise between the Seller and the Customer who is not a Consumer is subject to the court competent due to the address indicated in point 1.3 of the Regulations.
- All persons using the Store can access the Regulations at any time via the link on the Store's website, copy the content to a file or download it in .pdf format and print it.
- The Regulations enter into force on 27.03.2019
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