Regulations of the online store
§1 Basic definitions
§2 General provisions
§3 Terms of Service
§4 Terms of the contract
§5 Order fulfillment
§6 Delivery
§7 Payment methods
§8 Warranty
§9 Withdrawal
§10 Complaints procedure
§11 Responsibility
§12 Out-of-court methods of dealing with complaints and pursuing claims
§13 Provisions concerning entrepreneurs
§14 Final provisions
Introduction
Dear Customer, these Regulations define the general conditions, rules and method of sale conducted by CARPETS & MORE Magdalena Świerlikowska with its registered office in Warsaw, via the online store www.carpetsandmore.pl (hereinafter referred to as: "Online Store") and specifies the terms and conditions of the provision by CARPETS & MORE Magdalena Świerlikowska with its registered office in Warsaw at ul. Wiertnicza 169, NIP 532 138 43 66 free electronic services.
The Regulations consist of four main parts:
- in § from 1 to 3 - there are general regulations of these Regulations;
- in § to 4 to 7 - the process of purchasing Goods/Services has been described;
- in § from 8 to 12 - regulations related to the finding of defectiveness of the Goods / Services as well as the right to withdraw from the contract are included;
- in § from 13 to 14 - all other regulations are included.
§1 Basic definitions
- ONLINE SHOP – shop located at the address of this Internet domain – www.carpetsandmore.pl
- Dealer – means Magdalena Świerlikowska conducting business activity under the name CARPETS & MORE Magdalena Świerlikowska with its registered office in Warsaw (02-952), ul. Wiertnicza 169, NIP: 5321384366, REGON: 016161587, entered into the Central Register and Information on Economic Activity kept by the Minister of Development;
e-mail: biuro@carpetsandmore.pl, telephone: +48 22 112 0139 (fees according to the operator's rates), which is also the owner of the Online Store and the Warehouse. - Klient – a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, which has concluded or intends to conclude a sales contract.
- Consumer - article 221 KC: a natural person making a legal transaction with the Seller not directly related to its business or professional activity.
- Sales agreement – a contract for the sale of the Product posted on the website of the above-mentioned Online Store concluded or concluded remotely between the Customer and the Seller via the Online Store.
- Commodity – Product, a movable item that the Customer purchases via the Online Store.
- Non-standard goods- means a product presented by the Seller via the Store's Website, which may be the subject of a Sales Agreement, which can be ordered according to special requirements, including in an unusual size, color, composition, etc. - the so-called "Goods on order".
- Customer account– means a panel, individual for each Customer, launched on his behalf by the Seller (after the User registers and thus concludes a contract for the provision of the User Account service), on which the data provided by the User when registering the User Account is collected, while setting up an Account The User is not required to use the Store, including browsing the Store's assortment and placing orders.
- Newsletter- the service provided by the Seller consisting in sending commercial information, in particular regarding the offer of products and services in the form of messages (e-mails) via e-mail to the e-mail address provided by the User.
- Terms of Use- means these regulations, and in particular the rules for concluding contracts for the sale of Goods in the assortment of the C&M Store through the Store, the rules for the performance of these contracts and the rules for complaint proceedings.
- Register- means the actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
- Order – the Customer's declaration of will, submitted via the Online Store, specifying: the type and quantity of the Goods in the Online Store's assortment at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer's data.
- The order form – an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and execution of the Order, including by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Password - means a string of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
- Durable medium- means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used and which allows the stored information to be restored unchanged
- Order fulfillment time – the time in which the order placed by the Customer of the Online Store will be completed, packed, sealed by the Seller and handed over for delivery by the form of delivery selected by the Customer.
- Working day - one day from Monday to Friday, excluding public holidays.
- Prices – the prices of products in the e-shop are fixed at a given time and are not affected by any pricing algorithms, regardless of how the customer gets to the website, and what browsers he uses. It doesn't matter gender, age, etc.
- Price reductions – possible discounts, PROMOTIONS and price reductions can be checked on the chart next to the displayed product price in the “Outlet” tab. Price history can be viewed for 30 days back. Prices are recorded in a verifiable and automatic manner.
- Consumer Rights Act, Act - Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
§2 General provisions
- The Seller declares that it complies with all the required rules for the protection of Customers' personal data, which are provided for, among others, by the Personal Data Protection Act (Journal of Laws of 2015, item 2135, as amended in accordance with the provisions EU Council Regulation 2016/679 (of April 27, 2016. Journal device EU.L. No. 119). The Customer agrees to the collection, storage and processing of personal data by the Seller only for the purpose directly related to the implementation of the Service/Goods ordered in the Online Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the "Privacy Policy" of the Online Store.
- The Seller declares that the goods/services are compliant with the contract in aspects such as description, type, quantity, quality, completeness and functionality, and in relation to goods with digital elements - also compatibility, interoperability and availability of updates; but also suitability for a specific purpose for which it is needed by the consumer, about which the consumer notified the entrepreneur at the latest at the time of concluding the contract and which the entrepreneur accepted.
- The Seller declares that from May 28, in connection with the entry into force of the legal regulation (with the transposition of Directive (EU) 2019/2161 into national law) on opinions throughout Europe, entrepreneurs who provide opinions must inform whether and how they ensured that the published opinions come from consumers who have used or purchased the product. The measures taken to this end must be specifically mentioned.
- We declare that the opinions posted on our website come from real customers who have purchased and used our products. Opinions have been issued in accordance with the sent request for their issue after confirming that the goods have reached the customer. We anticipate the possibility of importing opinions posted in the Google tab in the business card section of our company, opinions can also come from the Allegro portal. We promise to complete all the formalities and efforts to ensure that the opinions are real and correspond to the truth, and those issued incorrectly are removed.
- Obligatory legal basis for the above-mentioned regulations:
- Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards on better enforcement and modernization of EU consumer protection rules, OJ L 328, 18.12.2019, pp. 7-28.
- Falsification of opinions on the Internet - consumer experience, based on a study by PBS Sp. z o. o. commissioned by UOKIK, publication available https://uokik.gov.pl/aktualnosci.php?news_id=17411
- Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/ EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council ("Unfair Commercial Practices Directive") (OJ L 149, 11.6.2005, p. 22-39, as amended .changes).
- Commission notice - Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 1-129.
- Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, pp. 64–88, as amended).
- When placing orders in the Store, the Customer has the opportunity to read the Regulations by accepting its content by marking the appropriate field in the form. To complete the order, it is necessary to accept the provisions of the regulations. Please be advised that the conclusion of the Sales Agreement via the Internet and acceptance of the regulations entails the obligation to pay for the ordered Goods.
- The data administrator applies appropriate technical and organizational measures to ensure the protection of personal data reliably to the threats and categories of data protected. First of all, it protects data against being made available, taken away, processed, lost, changed, damaged or destroyed by unauthorized persons. The detailed scope of protection has been regulated in accordance with the requirements of the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management manual).
- The data of the Administrator of your personal data can be found in the "contact" tab located on the website.
- Each person whose data is processed has the right to:
- supervising and controlling the processing of personal data for which the seller maintains a collection of customer data in the above-mentioned store;
- obtain comprehensive information whether such a collection exists and is maintained by the seller;
- determining who is the data administrator, determining his address, registered office, name in a situation where the administrator is a natural person, to determine his name and place of residence;
- obtain information about the purpose, scope, method and time of processing the data contained in such a file;
- obtain information in a commonly understood form of the content of this data;
- get to know the source from which the data concerning them come from, unless the data controller is obliged to keep secret information in this respect or to maintain professional secrecy;
- requests to supplement, update, rectify personal data, temporarily suspend or delete them if they are incomplete, outdated, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.
- In accordance with point 8, the customer has the right to inspect the content of the processed personal data, correct them, and request the removal of this data. The personal data administrator is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the collection on an ongoing basis and immediately after notification, unless the request concerns personal data for which the mode of supplementing, updating or rectifying them is specified in separate provisions of law, including acts.
- In the process of finalizing the order, the Customer agrees to the collection and processing of personal data by the Seller within the meaning of the Personal Data Protection Act. The data may be transferred to another entity only in the situation required by law or necessary for the execution of the order.
- The customer may agree to receive advertising and commercial information from the Seller by electronic means by subscribing to the NEWSLETTER.
- The Customer using the Seller's Services provided via the Online Store is obliged to comply with these Regulations to the extent that it is necessary to complete the order and is not contrary to applicable law and the principles of social coexistence.
- The Online Store Seller declares that the Goods available and sold in its Online Store are new, usable, safe and free from physical and legal defects. The goods fully correspond to the properties that are displayed and described on the Online Store website.
- The Seller fulfills orders in Poland and orders placed by Consumers in Europe, and after prior arrangement of delivery conditions also in other countries.
- The Seller by calling the C&M Customer Service Office, tel. +48 22 112 01 39, provides information on inquiries regarding the Store, including sales contracts. Fee for one call in accordance with the operator's tariff.
- All Goods on sale in the Online Store have been introduced to the Polish market in a legal and legal manner. Information about the Goods on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of April 23, 1964 of the Civil Code.
- All prices of Products/Goods/Services given on the Online Store website are given in the Polish currency (Polish zlotys), they are gross prices including VAT, customs duties and other components imposed by law.
- NOTE: The prices of the Goods provided on the Online Store website do not include delivery costs, they are added only at the stage of selecting the method of delivery of the ordered Goods by the Customer.
- An entrepreneur who runs a sole proprietorship, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment the Customer or a third party indicated by him, other than the carrier, takes possession of the Goods.
- For the record. In connection with the new provisions of the Civil Code, the legislator also planned to add Art. 38a to the Act on Consumer Rights, which will enable sole proprietorships to use the 14-day right of return - in the following wording: "Art. 38a The provisions on the consumer contained in this chapter apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.”
- 556(4) The consumer provisions in this section, with the exception of s. 558 § 1, second sentence, shall 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 the subject of the business activity performed by that person, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- Verification of whether a given activity is of a professional nature will be based on CEiDG - Central Register and Information on Economic Activity, and specifically on the PKD codes entered there, specifying the types of economic activity.
- Entrepreneurs running a sole proprietorship will be entitled to:
- prohibited clauses used in standard contracts;
- warranty for defects in the sold item;
- recourse claim against the previous seller in connection with the performance of the consumer's complaint;
- the right to withdraw from a distance or off-premises contract within 14 days;
- Consumer provisions contained in art. 385(1)-385(3) of the Civil Code [concerning prohibited contractual provisions] shall apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- new art. 385(5) of the Civil Code applies only to prohibited contractual provisions (abusive clauses). The provisions on abusive clauses will apply to sole traders after January 1, 2021. A catalog of twenty-three exemplary abusive clauses is contained in Art. 385(3) of the Civil Code and in the current version of the register of abusive clauses kept by the President of UOKiK.
- The new regulations will apply to contracts concluded after January 21, 2021. The provisions of art. 385[5], Art. 556[4], Art. 556[5] and Art. 576[5] of the Act amended in Art. 1 does not apply to contracts concluded before January 1, 2021. The provision of Art. 38a of the Act amended in Art. 55 does not apply to contracts concluded before January 1, 2021.
- Entrepreneurs running a sole proprietorship will still not be able to use the assistance of institutions supporting consumers in protecting their rights, including the assistance of Poviat/Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection.
§3 Terms of Service
- This Online Store provides services by electronic means, the condition for entering into the contract is, first of all, filling in the online order form in order to conclude a contract for the provision of services. Creating a customer account in the store is not mandatory in order to conclude a sales contract. Entering into the contract is voluntary, but setting up an account requires free registration.
- After submitting the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this moment, an agreement is concluded for the free electronic provision of the Customer Account Service, and the Customer gains the ability to access the Customer Account and make changes provided during the Registration of data.
- The Seller provides services that allow the User to set up a User Account on the Store's website, allowing the Seller to provide the User with the possibility of using additional functionalities of the Store.
- The contract for the provision of services is concluded electronically in the form of enabling the Customer to complete the order form of the Online Store, the contract is concluded for a definite period of time when the Customer starts to fill in the form and is terminated when the Customer withdraws from completing the form or when the completed form is sent to the Seller. The process of filling in the order form is organized so that each customer has the opportunity to read it before making a decision to conclude a contract or to amend the contract.
- The service specified in point 1 is provided free of charge, however, it may require access to the Internet.
- An electronic order can be placed 24 hours a day, 7 days a week.
- When finalizing the purchase, the customer selects the option "I consent to the processing of my personal data contained in the order form by the store for the purpose and scope necessary to complete the order." – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the contract.
- According to Art. 8 sec. 2 of the GDPR, the administrator, taking into account the available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of the child (under 16 years of age) has given or approved it.
- The Customer's costs related to access to the Internet and data transmission are borne solely by the Customer in accordance with the tariff of his provider with whom the Customer has signed a contract for the provision of Internet services.
- The effect of the expiry of the contract for the provision of the Account service is the blocking and deletion of the User Account, however, this does not affect the rights acquired by the User before the expiry of the contract.
§4 Terms of the contract
- In order to conclude a valid and binding party to the Sales Agreement through the form available on the Store's website, the Customer selects in accordance with the displayed Online Store's offer, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the characteristics of the ordered Product and its specification, respectively. Together with the selection of the Goods, the Customer completes the online order form, indicating in it the data necessary for the Seller to complete the order, such as, for example, quantities, place of delivery and payment methods, based on the messages and information displayed to the Customer available on the website and contained in these Regulations.
- Orders can be placed as follows:
- via the form available on the Store's website (customer's basket),
- by e-mail to the address available on the Store's website,
- by phone to the phone number available on the Store's website.
- The condition for the execution of the order is the provision by the Customer/Entrepreneur of data allowing for the verification of the Customer/Entrepreneur and the recipient of the goods. The store confirms the acceptance of the order by sending a message describing the subject of the order to the e-mail address provided when placing the order. If incomplete, incorrect, contradictory information is provided by the Customer/Entrepreneur when placing the order, the Store will contact the Customer/Entrepreneur in order to remove the errors.
- Registration of the Customer Account in the Online Store is voluntary and free of charge.
- If the Seller provides the possibility of ordering Goods, the properties of which consist in the fact that they are made to the Customer's individual order, the Customer sends, together with the online order form, the content necessary to make the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements contained in the description of the Goods or selects the appropriate specification of the Goods from the variants provided by the Seller - available configuration options for a given Good.
- Immediately after receiving the order, the Seller shall send the Customer by e-mail to the e-mail address provided when placing the order, a declaration of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, a sales contract is concluded.
- The message summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in Polish zlotys) along with delivery costs and the amount of discounts granted (if applicable).
- If the Customer has more discounts from several sources/promotions, they are combined/aggregated only when it is expressly specified in the Promotion Regulations. In the absence of a provision regarding the method of combining various promotions/discounts, only one discount (one promotion) can be selected for a given purchase.
- As part of the contract, the Seller may also provide the Customer via the Shop Website with a chat service consisting of an "online, written conversation", during which the Customer may ask questions about the offer, orders, matching carpets to selected interiors, laundry services and other topics related to the offer shop.
- The Seller may provide the Customer via the Store's Website with the possibility of a free Newsletter service with information about the Seller's offer
- As part of the Newsletter service, the Seller sends information via e-mail to the e-mail address provided by the Customer in the form of an e-mail, hereinafter referred to as the "Newsletter".
- The Newsletter service is ordered by the Customer performing the following registration activities on the website https://carpetsandmore.pl in the "Newsletter" field
- providing the Customer's e-mail address (e-mail address) in the form on the website,
- consent to receive Newsletter messages,
- checking the check-box confirming that you have read the Regulations of the Store and accept its content,
- pressing (clicking) on the "Subscribe" button,
- clicking the link confirming registration contained in the e-mail sent with the title "Confirmation of subscription to the newsletter from the website".
- By clicking on the link confirming registration, the Customer's e-mail address (e-mail address) is added to the e-mailing list. The Customer's e-mail address (e-mail address) will be used to send the Customer Newsletters.
- Providing the Customer's e-mail address (e-mail address) in the form during registration is necessary to provide the Newsletter service.
- The customer may at any time, without giving a reason and without incurring costs, change the previously indicated e-mail address to which the Newsletter is sent or resign from the Newsletter service provided so far by pressing (clicking) on the link "Unsubscribing from the Newsletter". placed in the footer of each Newsletter.
§5 Order fulfillment
- The seller reliably fulfills the customer's orders in the order in which they are received - each order is a priority for us and very important!
- The order processing time for a single customer is up to 35 working days from the date of sending the order by the customer. In the case of products marked with 'made to order' availability, the delivery time is specified on the product page. The order processing time consists primarily of the order preparation time (completion and packaging of the order, delivery of the shipment to the courier), and the execution time ends when the shipment is released to the carrier. The delivery time of the order depends on the chosen method of delivery, it may change depending on the type of transport indicated by the Customer. The availability of the Goods can be checked on the Seller's website by selecting the product and its size. Information on the delivery date will be displayed in a frame with a colored background, under the price of the product.
- The delivery time for goods made to the customer's special order is up to 4 months.
- All Goods from the "Carpets in 24h" tab are delivered within max. 2 working days from the date of receipt of the order and the payment.
- In the event of exceptional circumstances or inability to complete the order in the indicated in point 2, the Seller immediately contacts the Customer in order to determine the further procedure, including setting a different date for the order, changing the method of delivery.
§6 Delivery
- The delivery of the Goods takes place via the courier company or in another way accepted by the parties, not involving excessive and unjustified costs on the part of the Seller and the Customer.
- The ordered Goods are delivered in accordance with the Customer's choice, either directly to the Customer's address indicated in the online order form and confirmed by the Customer as the shipping address or collected in person at the personal collection point at the address provided during the execution of the order.
- The goods are always packed in a manner corresponding to their properties, so that they are not damaged, lost or destroyed during transport.
- The customer is kept informed about the delivery costs, they are provided when the customer completes the online order form. The amount of shipping costs depends on the country to which the order is sent, the number of ordered goods, their weight, dimensions and the method of sending the shipment.
- If the User selects payment on delivery, the delivery date for the Goods from the "Tomorrow at Your" tab is 2 working days from the date of receipt of the order.
- Detailed information on the delivery of the Goods can be obtained by calling +48 22 112 01 39 or by email: zamowienia@carpetsandmore.pl. The customer has the option of personal collection of the ordered Goods. The collection can be made at the Seller's office on Business Days, during the opening hours indicated on the Store's Website, after prior arrangement with the Seller of the collection date via e-mail or by phone.
- In the event of the Customer's absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact the Customer by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, agreeing again with the Customer the date and cost of Delivery.
§7 Payment methods
- The Seller enables payment for the ordered Goods in the following way:
- Bank transfer to the Seller's bank account; in this case, the execution of the order will start after the Seller sends the confirmation of the order to the Customer and after the funds are credited to the Seller's bank account;
- Bank transfer to the Seller's bank account with the option of personal collection at the Seller's office; in this case, the execution of the order will start immediately after the Seller sends the confirmation of the order to the Customer, and the Goods will be released at the Seller's office, after the funds have been credited to the Seller's bank account;
- PayNow, Instant bank transfers, operated by MBank SA based in Warsaw; in this case, the execution of the order will begin after the Seller sends the Customer confirmation of order acceptance and after the Seller receives information from the PayNow system about the payment made by the Customer;
- online payment;
- Deferred payment guaranteed by the KLARNA system operated by KLARNA Bank SA based in Stockholm; in this case, the execution of the order will start after the Seller sends the confirmation of the order to the Customer and after the Seller receives information from the Klarna system about the choice of the payment method by the Customer;
- cash on delivery (in Poland only)
- payment by credit card at the Seller's registered office before collecting the order.
- The entity providing online payment services in the field of card payments is Autopay SA. Available payment methods: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro
- The Seller documents the sale of the Goods in accordance with the Customer's request.
§8 Warranty
- Delivery of the Goods under the warranty for defects is at the Seller's expense.
- ATTENTION! A claim for removal of a defect or replacement after January 1, 2023, the general limitation periods for claims apply, i.e.: “Art. 118 of the Civil Code. Unless a special provision provides otherwise, the limitation period is six years, and for claims for periodic benefits and claims related to running a business - three years. However, the end of the limitation period falls on the last day of the calendar year, unless the limitation period is less than two years."
- The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Goods to the Consumer. From January 1, 2023, the minimum time for a complaint for non-conformity of the goods with the contract will be 2 years. This term applies to all goods - new and used. The Seller is liable to the Consumer if the Consumer Good at the time of its release was inconsistent with the contract, has physical and legal defects. The Seller is responsible for non-compliance of the Consumer Good with the contract if it is found before the expiry of two years from the delivery of the Good to the Buyer, and if the Good is replaced, this period runs anew. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:
- it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or intended use;
- does not have properties that the Seller has provided to the Buyer, including by presenting a sample or pattern;
- it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such a destination;
- was delivered to the Buyer incomplete.
- The presumption of non-compliance of the goods with the contract is 2 years.
- Notification of defects in the Goods should be sent electronically to the Seller's e-mail address or in writing to the Seller's postal address (see §1 point 3: "Seller's address"). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification may be sent, for example, on the form constituting Annex No. 2 to these Regulations, which is only to facilitate the complaint process, and does not constitute any requirement to use the above-mentioned template for the effectiveness of the complaint.
- If it is necessary for the correct assessment of physical defects of the Goods, at the request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office (see §1 point 3: "Seller's address"), as soon as the properties of the Product allow it.
- The Seller shall respond immediately to the Consumer's notification, however, not later than within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is tantamount to its acceptance by the Seller and recognizing it as justified.
- In the case of the first complaint, the customer can count on repair or replacement of the goods, which results from the content of art. 560 § 1 and 561 of the Civil Code. In the case of the first complaint, only when the entrepreneur refuses to remove the defect or replace it within a reasonable time, the consumer may withdraw from the contract. In the case of electronic goods, the consumer will also be able to request the removal of defects in digital services, and if the removal of the defect or replacement is ineffective, he may request a price reduction or withdraw from the contract.
- The Seller covers the costs of collecting the Goods, delivery, removing defects or defects and replacing the Goods with a new one.
§9 Withdrawal
- In accordance with the law, the Customer who is a Consumer pursuant to art. 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, you have the right to withdraw from a distance contract without giving a reason.
- According to 38 points 13 of the Act on Consumer Rights - "for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.” – in such a situation, the right of withdrawal does not apply.
- The right to withdraw from the contract is due within 14 calendar days from the moment the Goods are taken over by the Customer who is also a Consumer or a third party indicated by him, other than the carrier.
- When the Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is then released from any obligations. What the parties have provided to each other shall be returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within 14 days.
- The Customer who is a Consumer may withdraw from the contract by submitting a statement on the online form constituting Appendix 1 to these Regulations, sending it by e-mail or to the Seller's postal address at the Customer's discretion. Annex 1 is only an aid in withdrawing from the contract, it is not a model necessary to exercise the right to withdraw from the contract. The client may or may not use it. For effective withdrawal, it is enough to send a written statement to the Seller's address.
- To meet the deadline specified in point 3, it is enough to send the Customer's statement of withdrawal from the contract before its expiry.
- The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract and will inform the Customer accordingly about further proceedings, including the method of returning the Goods, and will provide answers to any questions.
- The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the item. The seller refunds the payment using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of refund, which does not involve any costs for him.
- If the Seller, after obtaining the consent from the Customer, has not undertaken to collect the Goods from him himself, the Seller may withhold the reimbursement of payments received, including the costs of delivering the item, until the Goods are received back or the Customer provides proof/confirmation of its return, depending on which event occurs first.
- The Customer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller proposed that he would collect the Goods himself. To meet the deadline, it is enough to send back the Goods before its expiry.
- The Customer who is a Consumer bears only the direct costs of returning the Goods.
- The consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.
- The goods should be delivered to the Seller's Address (see §1 point 3: "Seller's Address").
- The consumer is responsible for the decrease in the value of the item as a result of using it in a way going beyond what is necessary to establish the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and check the Goods, but only in the way they could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer cannot normally use the item, otherwise, when withdrawing from the contract, he may be charged with additional costs due to the decrease in its value.
- The right to withdraw from the contract is not entitled to the Customer in relation to the contracts specified in art. 38 of the Act of 30 May 2014 on Consumer Rights, among others in situation:
- for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
§10 Complaints procedure
- For the correct submission of a complaint, the Customer should provide his data such as: name and surname or company name, address of residence or company headquarters and e-mail address, subject of the complaint, order number, if possible, together with an indication of the period of time to which the complaint relates and the circumstances justifying it submitting a complaint (description of what it consists of) or what features the ordered Goods do not have, and according to the Seller's assurances or according to the way of presenting it to the Customer, it was supposed to have.
- If the customer is a consumer, in the event of the first complaint, the customer can count on repair or replacement of the goods. Only when the entrepreneur refuses to remove the defect or replace it, the consumer will receive the right to withdraw from the contract. In the case of electronic goods, the consumer will also be able to request the removal of defects in digital services. And if the removal of the defect or replacement is ineffective, he may demand a price reduction or withdraw from the contract, if bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would be exposed by a different method of satisfaction.
- Unless separate provisions provide otherwise, the entrepreneur is obliged to respond to the consumer's complaint within 14 days from the date of its receipt. If the entrepreneur has not responded to the complaint within the time limit referred to above, it is considered that the complaint has been accepted. The entrepreneur provides the consumer with a response to the complaint on paper or another durable medium (e.g. USB stick or CD/DVD, responding to the complaint.)”
- If the application is not considered within the specified period, it should be considered accepted by the Seller. A claim regarding withdrawal from the contract, if not considered within the deadline, is not tantamount to acceptance of the complaint
§11 Responsibility
- By posting any content and making it available, the Customer voluntarily distributes it. The seller is not a content provider and does not identify with them in any way, it is only an entity that provides ICT resources. The customer declares that:
- is entitled to use and share the content of proprietary copyrights, industrial property rights or related rights posted by them;
- placing and making available as part of the services, personal data, image, information regarding persons other than the Customer took place in a lawful, voluntary manner and with the consent of the owners of the content to which they relate;
- accepts access to the information, data, images and other content published by the other Customer and the Seller, allows the Seller to use them free of charge;
- agrees to make studies, modifications and interpretations of works within the meaning of the Act on Copyright and Related Rights.
- The customer is not entitled to:
- posting personal data of third parties, disseminating the image without the required permission or consent of the third party to whom the data relates;
- posting content of an advertising and/or promotional nature, inconsistent with the purpose of the store's operation.
- It is forbidden for the Customer to post content:
- with the intention of infringing the personal rights of third parties;
- in bad faith or that could be considered so;
- which may infringe the rights of third parties, copyrights, related rights, industrial property rights, business secrets or covered by the confidentiality clause, especially those defined as secret or top secret;
- offensive or threatening to other people, statements commonly considered offensive, e.g. profanity;
- violating the legitimate interests of the Seller;
- which may be classified as unsolicited commercial information (spam);
- otherwise violating good manners, applicable law, social or moral norms.
- In the event of receipt of a notification by a third party, an authorized person or a state authority, the Seller reserves the right to modify or delete the content posted by the Customer, if it is found that they may constitute a violation of these Regulations or applicable law. The seller does not control the posted content on an ongoing basis.
§12 Out-of-court methods of dealing with complaints and pursuing claims
- Information on out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are made available at the offices and on the websites of poviat (municipal) Consumer Ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, uokik.gov.pl/sprawy_zdrowie.php
- The consumer has, among others, the following options to use out-of-court methods of dealing with complaints and pursuing their claims:
- requesting the Provincial Inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute,
- applying to the permanent amicable Consumer Court operating at the Provincial Inspector of the Trade Inspection with a request to settle a dispute arising from the concluded contract, address: www.uokik.gov.pl/wazne_adresy.php.
- requesting free legal assistance, e.g. to the Consumer Federation - website address: federacjakonsumentow.org.pl.
- The Network of European Consumer Centers helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Centre consumer.gov.pl.
- The consumer may also use the online dispute resolution platform (ODR platform), 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 (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the following e-mail address: http://ec.europa.eu/consumers/odr/ The European ODR platform is a single common access point for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded Internet sales contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
- The use of out-of-court methods of dealing with complaints and pursuing claims is voluntary and may only take place if both parties to the dispute, i.e. the Seller and the Customer, agree to it.
§13 Provisions concerning entrepreneurs
- The regulations and provisions in this paragraph 13 apply only Customers and Service Recipients who are not consumers (professional purchase).
- The seller reserves the right to withdraw from the sales contract concluded with a customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract may take place without giving a reason and may not give rise to any claims against the seller on the part of the customer who is not a consumer.
- In the case of customers who are service recipients and who are not consumers at the same time, the service provider may terminate the contract for the provision of Electronic Services with immediate effect, even without indicating the reasons, provided that he has sent the customer a relevant statement.
- The seller has the right to limit the available payment methods to several or to one, for individual or all goods. The seller may require prepayment in whole or in part, regardless of the selected payment method and the fact of concluding the sales contract.
- The risk of accidental loss or damage to the product passes to the buyer when the seller releases the ordered product to the carrier. Upon delivery of the ordered product to the carrier, all benefits and burdens related to the goods are transferred to the non-consumer customer. In this case, the seller is not responsible for loss, shortage, damage from the moment it is accepted by the carrier until it is delivered to the customer.
- The customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that there has been a loss or damage to the product during its transport, he is obliged to perform all activities necessary and necessary to determine the liability of the carrier.
- The Seller informs that pursuant to art. 558 § 1 of the Civil Code, liability under the warranty for the product towards a customer who is not a consumer is excluded.
- The seller's liability is limited for a single claim and for all claims in aggregate, up to the amount paid. The seller is liable only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits.
- Any disputes between the online store and a non-consumer customer shall be submitted to the court competent for the seat of the seller.
§14 Final provisions
- The online store honors all customer rights provided for in the applicable law.
- If the applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of applicable law and thus are binding on the above-mentioned owner.
- All content posted on the Online Store website (including graphics, texts, page layout and logos) is protected by copyright and is the sole property of the Seller. The use of this content without the written consent of the Seller results in civil and criminal liability.
- The store owner as the administrator of personal data informs you that:
- providing data is always voluntary, but necessary to complete the order;
- the person providing their personal data has the unlimited right to access all the content of their data and rectify it, delete it (the right to be forgotten), limit processing, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, data however, they may be made available to the competent state authorities in a situation where the relevant provision requires it.
- The basis for the processing of personal data will be art. 6 sec. 1 point a) and the content of the general regulation on data protection.;
- personal data will be stored and processed for the period necessary to complete the processing and execution of the order, but not longer than for a period of 3 years (2 years is the period for complaints and 1 year for other claims and exceptional situations)
- the person providing their personal data has the right to lodge a complaint with the Personal Data Protection Office when they consider that the processing of personal data related to the execution of the order violates the provisions of the general regulation on the protection of personal data of 27 April 2016;"
- With regard to the processing of personal data of this store, the European Commission has not found an adequate level of protection by way of a decision, but the data will be properly secured using IT/legal solutions and measures.
- Your data will be processed in an automated manner, including in the form of profiling.
- In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
- The amended Terms and Conditions bind the Customers, if the requirements specified in art. 384 of the Civil Code (i.e. the customer has been properly notified of the changes).
- The Seller reserves the right to amend the Regulations for important reasons, i.e.:
- changes in the law;
- changes in payment and delivery methods;
- exchange rate change,
- changes in the method of providing electronic services covered by the regulations,
- changes to the Seller's data, including e-mail address, telephone number.
- Changes to the regulations do not affect the orders already placed and implemented, the regulations in force at the time of placing the order apply to them. The seller informs about the intended change on the store's website at least 30 days in advance. In the event of non-acceptance of the amended regulations, the Service Recipients may terminate the contract with immediate effect within 30 days from the date of receipt of the message.
- Disputes arising as a result of the provision of services under these Regulations will be submitted to the Common Court for resolution at the discretion of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
- Annexes to the Regulations constitute its integral part.
- The sales contract is concluded in Polish, with the content in accordance with the Regulations.
- Customers of the above-mentioned store can access these Regulations at any time via the link on the homepage of the website and download it and print it out, however, commercial use is protected by the LEGATO Law Firm.
- The Regulations come into force on April 12.04.2023, XNUMX
Model withdrawal form from the Sales Agreement - click and download