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Regulations of the online store
aperia.pl
Admission
1. These regulations are continuously available at www.aperia.pl in a way that enables its acquisition, reproduction and saving, by printing or saving on a medium at any time. The Regulations define and regulate the general terms and conditions of concluding and implementing sales contracts via the online store, as well as methods of delivery, payment, rights and obligations of the Customer and the Seller, terms of withdrawal, complaint procedure. It also contains information on the possibility of using out-of-court dispute resolution and regulations regarding the services provided by the Seller by electronic means.
2. The administrator of data collected via the online store is Halina Pęciak running a business under the name Halina Pęciak entered in the Central Register and Information on Economic Activity, having the address of the main place of business and address for delivery: Leszka 42, 44-286 Wodzisław Śląski, NIP : 6471084181, REGON: 273323390, contact phone: +48 885 664 965, +48 32 417 20 10, e-mail address: aperia@aperia.pl hereinafter referred to as the Seller.
3. Bank account number: 81 1050 1403 1000 0092 2599 2164 ING Bank SA
4. Address for returns and complaints: Aperia Halina Pęciak, ul. Leszka 42 44-286 Wodzisław Śląski.
5. In accordance with the provisions of the Act on consumer rights of May 30, 2014, The consumer may not waive the rights granted to him in the above Act. If the provisions of these Regulations are less favorable to the Consumer than the provisions of the Act, then the provisions in question shall prevail and apply.
§ 1 Definitions
1. Administrator - Seller.
2. Order fulfillment time - the time from the moment of order confirmation to the delivery of the ordered goods.
3. Delivery time - the time between handing over the order to the Carrier and its delivery to the Customer.
4. Working day - a day from Monday to Friday, excluding public holidays.
5. Fanpage - a website whose administrator on the Facebook platform is the Seller.
6. Registration form - electronic service, an interactive form available in the online store that allows you to create a customer account.
7. The order form - electronic service, an interactive form available in the store that allows you to place an order, in particular by adding goods to the basket and defining the terms of the sales contract, including the method of delivery and payment.
8. Password- a string of characters that are selected by the customer when registering.
9. Customer:
9.1. a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity,
9.2. legal person,
9.3. an organizational unit without legal personality, which the law recognizes as having legal capacity,
who has concluded or intends to conclude a sales contract with the Seller, as well as for the benefit of which electronic services may be provided.
10. Civil Code - the Act of April 23, 1964, the Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended d.), hereinafter also referred to as the Civil Code
11. Consumer - a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity.
12. Customer account - electronic service, an individual panel for the customer, in which the data provided by the customer and information about orders placed by him in the store are collected.
13. Basket - an element of the store's software, in which the goods selected by the customer for purchase are visible, in which it is possible to determine and modify the order data, in particular the quantity of goods.
14. Entrepreneur - a natural person, legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf.
15. Individual entrepreneur - a natural person who concludes a contract with another entrepreneur directly related to its business, but the contract is not of a professional nature for that person, and to which the provisions on Consumers in the field of prohibited contractual clauses, warranty for defects in the goods / service and the right to withdraw from a distance or off-premises contract.
16. Regulations - these store regulations.
17. Dealer - Halina Pęciak running a business under the name Halina Pęciak entered in the Central Register and Information on Economic Activity, having the address of the main place of business and address for delivery: Leszka 42, 44-286 Wodzisław Śląski, NIP: 6471084181, REGON: 273323390, telephone contact: +48 885 664 965, +48 32 417 20 10, e-mail address: aperia@aperia.pl.
18. Online shop- website available under the domain[Web address], through which the Seller conducts online sales.
19. Goods / Product - movables and services available in the online store that are the subject of the sales contract concluded between the Customer and the Seller.
20. Sales agreement- means a contract for the sale of goods concluded or concluded remotely between the Customer and the Seller via the online store.
21. Distance contract - contract concluded without the simultaneous physical presence of the parties.
22. Electronic service - a service provided electronically by the Seller to the Customer via the online store.
23. Consumer Rights Act -Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
24. Order - Customer's declaration of will, submitted via the order form available on the store's website, aimed directly at concluding a contract for the sale of goods or goods with the Seller.
§ 2 General information
1. The customer is obliged to use the online store and all services that are offered by the Seller through it, in a manner consistent with applicable regulations in the territory of the Republic of Poland and with the provisions of these regulations, bearing in mind in particular respect for the principles of social coexistence, personal rights and copyrights and intellectual property of the Seller and third parties.
2. These regulations are addressed is for both Consumers and Entrepreneurs, including individual Entrepreneurs using the online store (unless a given provision indicates that it applies only to Customers who are not Consumers or only Consumers).
3. The seller informs that he offers the sale of the so-called outlet goods as part of the online store. Within the scope of the disclosed and described defects of the outlet goods (the so-called disclosed defects), the seller is exempt from liability under the warranty and guarantee during sale. The above release from liability does not apply to defects other than disclosed outlet goods.
4. Personal data is processed for the purposes, scope and based on the principles indicated in the privacy policy continuously available on the store's website.
5. The privacy policy also provides information on the conditions for the collection, processing and protection of personal data by the Seller.
6. Consent forms, the so-called checkboxes that relate to the personal data of customers are available on the store's website, in every place where personal data is collected. The content of the consents is to be accepted by the customer each time. Customers can update, modify and withdraw their consent to the processing of their personal data that has been made available to the Seller on an ongoing basis.
7. By placing an order, the Customer agrees to the collection, storage and processing by the Seller of his personal data provided on the store's website. The provided personal data may be transferred to another entity, but only and exclusively for the purpose of implementing and finalizing the order. Information about entities to whom the data is shared is included in the privacy policy.
8. The purchase of goods can be made by a customer who has a place of residence or registered office in the Member States of the European Union. The purchase of goods by other persons is possible after prior arrangement of the delivery with the Seller by electronic means (by sending a message to the e-mail address provided by the Seller).
9. All information contained in the Seller's online store does not constitute an offer within the meaning of Art. 66 of the Civil Code, and are only an invitation for customers to conclude a contract, in accordance with Article 71 of the Civil Code.
10. Using the online store means any activity of the Customer / User that leads to him / her getting acquainted with the content that is posted on the store's website.
11. In order to secure and ensure the protection of electronic messages, as well as digital content, the Seller implements and applies appropriate technical and organizational measures.
12. The Seller informs that the use of electronic services, the public nature of the Internet and the use of it may be associated with certain threats, e.g. it may be possible to obtain and modify customer data by unauthorized persons, there may be installation of malicious software on the device and in the ICT system used by the customer. Customers should apply appropriate technical measures to minimize risks.
13. The seller has the right to organize occasional promotional campaigns and contests, their terms and conditions will always be announced on the store's website. Promotions in the online store cannot be combined, unless it is allowed by the regulations of a given promotion.
14. The minimum technical requirements necessary to cooperate with the Seller's IT system that will enable the Customer to use the online store are:
14.1. computer, laptop or other multimedia device with Internet access,
14.2. a web browser that supports cookies,
14.3. access to e-mail.
§ 3 Using the online store
1. The seller enables the following forms of contact:
by phone, at +48 885 664 965 or +48 32 417 20 10,
email by sending a message to the following address: aperia@aperia.pl
2. In order to view the store's assortment, it is not required to create a customer account.
3. The sale of goods available in the store takes place on the basis of an order placed by the customer.
4. The customer has the option of placing such an order without logging in.
5. Access to some functionalities of the website may, however, require prior registration by the Customer and each time logging in. Using the available functionalities of the online store is voluntary.
6. In order to use the account properly, as well as to place an order in the store, it may be required to enable cookies in the web browser.
7. The prices of goods in the online store's assortment are given in Polish zloty and include VAT. However, they do not contain information on delivery prices and related costs.
8. The customer will be informed about the delivery costs that the customer is obliged to pay in connection with the conclusion of the sales contract and the final amount to be paid together with taxes, the customer will be informed on the online store's website in the order form when placing the order, in particular at the moment the Customer expresses the will to be bound by a sales contract.
9. The costs related to access to the Internet and data transmission are borne solely by the Customer, in accordance with the tariff of the Supplier with whom the Customer has signed a contract for the provision of Internet services.
10. The customer is responsible for the authenticity and completeness of the data left in the store, which were entered in individual forms.
11. The online store provides the following free electronic services: customer account, registration form, order form. The Seller will inform about any breaks in the provision of the above services directly on the store's website.
12. The customer has the right to submit a complaint related to the provision of free electronic services provided by the Seller. Complaints about electronic services and other complaints related to the operation of the online store (excluding the complaint mode, which is described later in the regulations), may be submitted by the Customer.me to the address of the Seller's seat or via e-mail.
13. It is recommended that the customer submitting the complaint should provide a description of the problem in the application.
14. The Seller takes a position on a given complaint immediately, but not later than within 14 calendar days from the date of its submission.
15. The Customer who is a Consumer also has the right to withdraw from the contract for the provision of electronic services. This right is granted to the Customer in accordance with the provisions contained in these regulations.
16. The customer to whom the Seller provides account services and which are continuous and indefinite, has the option to terminate the service contract without giving any reason, with immediate effect. The exercise of the right will take place after sending a declaration of termination of the contract for the provision of electronic services by electronic means or in writing.
17. The seller reserves the right to terminate the contract for the provision of electronic services, which are continuous and indefinite, with a 14-day notice period, if the customer violates the provisions of these regulations.
§ 4 Creating an account in the store
1. The Customer's account is created by completing the registration form. To create an account, go to the "Log in" tab at the top of the page,or check the box with the text "Create an account" in the ordering process. It is necessary to provide the following data in the registration form available in the online store: e-mail address.
2. Additional data that can be completed in the account administration panel will be used to place an order in the store when completing the order form.
3. Registering a customer account in the store is free of charge.
4. The service is provided for an indefinite period.
5. The requirement to register and set up an account is the consent of the Customer or User to the content of the regulations, the content of which can be read directly when filling out the form, as well as to the processing of personal data indicated in the registration form.
6. After submitting the form, the Customer receives a confirmation of registration by the Seller to the e-mail address provided earlier. To log in to the account, the Customer must provide the login / login and password indicated in the registration form when creating it. After logging in to his account, the Customer has the option to edit the data entered by him, check the status of the order and view the order history.
7. The customer, without giving a reason and without incurring any fees, has the right to delete the account at any time. This is done by sending an appropriate request to the Seller, in particular via e-mail.
§ 5 Order placement rules
1. The electronic service "order form" is free of charge and is of a one-off nature.
2. Orders can be placed through the store 24 hours a day, 7 days a week.
3. The order is placed by filling in the order form.
4. The contract is concluded for a definite period of time. It begins when the customer adds the first item to the electronic basket and endswhen the Customer withdraws from completing the order form or when the order is placed and the completed form is sent to the Seller by clicking the button confirming the purchase and confirming the need to pay the price.
5. The customer has the opportunity to read the regulations and privacy policy before making a decision to conclude a contract or before making a change to the order.
6. The procedure aimed at concluding a sales contract takes place by selecting the goods and taking technical steps based on messages and other information that are displayed on the website of the online store when placing the order. The goods are ordered by clicking the button confirming the purchase and confirming the necessity to pay the price.
7. The purchase can be made without registering in the account panel.
8. Placing an order takes place after completing the order form and clicking the button on the online store confirming the purchase and confirming the need for payment. Until you click the button confirming the purchase and confirming the need to pay the price, the customer has the option to modify the entered data on his own (to do this, follow the messages displayed on the online store's website).
9. If the Customer chooses to place an order without registration (e.g. ordering as a guest), the Customer fills in the order form with the following data: name and surname, delivery address (street, house number, apartment number, zip code, city, country), e-mail address, optional telephone number and data regarding the concluded sales contract: goods, quantity, place, method of delivery of goods and method of payment. Customers who are Entrepreneurs who want to receive an invoice should also provide: the name of the company under which they operate and the tax identification number. At this stage of placing the order, the Customer is obliged to check the correctness of the data entered by him and the selected goods. The customer also has the option of placing an order by logging into his customer account,
10. After selecting the goods, completing the entire order and indicating one of the delivery methods and payment methods available in the store, the Customer accepts the content of the regulations and confirms that he has read the privacy policy and instructions on withdrawal from the contract and places the order by sending the order form to the Seller by clicking the button "I buy and pay".
11. The Seller sends the confirmation and information about the acceptance of the order for execution by e-mail to the Customer's e-mail address provided in the form. The sent message contains all the previously agreed terms of the sales contract. In particular, the quantity and type of ordered goods, the total price to be paid with delivery costs and the amount of discounts granted.Upon receipt of the above message by the Customer, a sales contract is concluded between the Customer and the Seller.
12. The customer has the option to edit the order until he clicks the "Execute order" button.
13. The customer may set up a customer account via the order form. Registration by the customer is one-time, voluntary and free of charge. The data provided during account registration will be used to process subsequent orders.
14. A customer who has set up a customer account has the option to check the order status after logging in.
§ 6 Payment and delivery
1. The prices of goods posted on the store's website are gross prices and do not include information on delivery costs (in particular charges for transport, delivery and postal services). They are indicated to the Customer when placing an order, in particular when the Customer expresses his will to be bound by a sales contract.
2. The goods are delivered to the customer in accordance with the method selected when placing the order.
3. The seller enables the following methods of delivery of the ordered goods:
3.1. The customer can use the mail,
3.2. The customer can use the cash on delivery mail,
3.3. The customer may choose to deliver the goods by courier,
3.4. The customer may choose to deliver the goods by cash on delivery courier,
3.5. The customer may use the delivery of goods via a parcel locker,
4. The Seller allows the Customer the following forms of payment for the ordered goods:
4.1. cash on delivery,
4.2. payment in the form of a prepayment to the Seller's bank account
4.3. payment by bank transfer via an external payment system:
4.3.1. PayPal Polska sp. Z oo with its seat in Warsaw, ul. Emilii Plater 53, Warsaw 00-113, NIP: 5252406419, KRS:0000289372, REGON: 141108225 - current possible payment methods are available on the website https://www.paypal.com/,
4.3.2. Krajowy Integrator Płatności Spółka Akcyjna, ul. St. Marcin 73/6, 61-808 Poznań, NIP: 7773061579 REGON: 300878437 KRS: 0000412357 - current possible payment methods are available on the website https://tpay.com/metody-platnosci,
5. The seller documents the sale of the ordered goods with a receipt or, at the customer's request, with a VAT invoice, which are attached to the ordered goods.
6. If the Customer chooses to pay for the ordered goods in the form of a prepayment, he is obliged to make the payment within 3 days.
7. If the Customer has chosen to pay by bank transfer, payment by bank transfer via an external payment system (electronic payments) or payment by credit card, he is obliged to make the payment within 3 working days from the day of receipt of the message confirming the acceptance of the order by the Seller, specifying the total cost of the order including delivery (from the date of the conclusion of the sales contract).
8. In the event of non-payment within the prescribed period, the order will be canceled.
9. If the Customer has chosen payment on delivery upon delivery from the Courier, he is obliged to make it directly upon personal collection of the goods.
10. The delivery of goods to the customer is payable, unless the sales contract provides otherwise.
11. The delivery of the goods takes place on the territory of the Republic of Poland, European Union Member States and other countries outside the European Economic Area.
12. The cost of shipping abroad should be determined directly with the Seller before placing the order, by contacting by phone or by sending an e-mail.
§ 7 Performance of the sales contract
1. The seller is obliged to deliver the goods that are the subject of the sales contract without defects.
2. The ordered goods are delivered to the Customer to the address indicated when placing the order by the selected courier / carrier.
3. The Seller informs that the goods sold may also be personalized, i.e. made according to specific parameters provided by the Customer, at his special request. In order to use this option, please write an e-mail to the Seller / call the Seller / complete the field with additional information in the order form. The cost of the order depends on the requirements, and the waiting time for such a product is about 7 days. Detailed information will be provided directly when placing the order.The right to withdraw from a contract concluded outside the business premises or remotely is not entitled to the Consumer in relation to contracts, in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs.
4. The conclusion of a sales contract between the Customer and the Seller takes place after the Customer has placed an order using the order form. The condition for placing an order is having an active e-mail account.
5. The ordered goods are each time packed in a way that corresponds to its properties. The seller ensures that the goods are properly secured for transport, so that they are not damaged, flooded, etc.
6. The Seller informs the Customer about the release of the goods to the Courier by sending relevant information to the e-mail address provided as confirmation.
7. The message summarizing and confirming the order contains all the previously agreed terms of the sales contract: the quantity of the ordered goods and its type, as well as the total price including delivery costs and VAT, any rebates / discounts, as well as payments to be made.
8. The ordered goods are delivered to the customer according to his choice.
9. The order fulfillment time is usually from 3 to 5 business days, unless a different date is specified in the description of the goods or when placing the order.
10. The delivery time of the order depends on the method of delivery chosen by the customer.
11. When ordering goods with different delivery dates, the delivery date is the longest given date.
12. When ordering goods with different delivery times, the customer has the option to request delivery of goods in parts or delivery of all goods after completing the entire order.
13. If the Customer has chosen to pay by bank transfer, payment by bank transfer via an external payment system or by payment card (credit or debit) for the ordered goods, the beginning of the delivery period starts from the date of crediting the Seller's bank account.
14. If the Customer chooses the method of payment on delivery, the date of delivery of the ordered goods starts from the date of conclusion of the sales contract.
15. When completing the order form and in the e-mail confirming the order, the Customer is informed about the costs of the chosen method of delivery of the goods.
16. The customer also has the option to cancel or change the order, but no later than until the Seller sends a message confirming the order acceptance. For this purpose, the Customer contacts the Seller by phone or by e-mail. Cancellation or change of the order after the expiry of the deadline is possible after agreeing with the Seller.
17. In the event of exceptional circumstances or the inability to complete the order within the time limit indicated to the Customer, the Seller shall immediately contact the Customer in order to determine the further procedure, including changing the method of delivery and establishing a new delivery date.
18. Upon receipt of the parcel, the Customer or an authorized person should, if possible, examine the parcel for damage, flooding, and for intact. The customer should, if possible, in the presence of the courier, draw up a damage report and notify the seller of this fact.
19. In the event that the goods appear damaged, the Seller asks the Customer not to accept the shipment. The above recommendations in no way exclude or limit the Customer's rights to submit a complaint on the terms provided for in the regulations. The recommended behavior of the Customer is only intended to help the Seller in determining the causes and liability for the damage. Failure to draw up the above-mentioned damage report does not limit the possibility of reporting damage to the parcel. The complaint procedure remains the same, regardless of the application or non-application of the above recommendations.
20. In the event of the Customer's absence at the indicated delivery address, the Supplier will leave an advice note or attempt to contact by calling the number provided when placing the order in order to re-establish the delivery date of the ordered goods. If the Courier / Carrier sends the package back to the Seller's address, the Seller will contact the Customer again to arrange a new delivery date and costs.
§ 8 Withdrawal from the contract
1. A customer who is a consumer who has concluded a distance or off-premises contract may withdraw from it within 14 calendar days without giving any reason.
2. The aforementioned right of withdrawal applies from the moment the Customer or a person designated by him or her other than the Carrier takes possession of the ordered goods.
3. If the subject of the contract includes many items that are delivered separately, the withdrawal period will expire after 14 calendar days from the date of delivery of the last item, batch or part.
4. In the case of a contract the subject of which is the regular delivery of goods for a specified period (subscription), the period is counted from the moment of taking possession of the first item.
5. The consumer may withdraw from the contract by submitting a declaration of withdrawal to the Seller. To meet the deadline for withdrawing from the contract, it is enough for the Consumer to send a statement within 14 calendar days, in writing or by e-mail to the address of the Seller.
6. In the event of the Consumer withdrawing from a distance contract, the contract is considered void.
7. In order to submit a declaration of withdrawal from the contract, the Customer may use the form template, which is an attachment to these regulations and is posted on the store's website. The use of the formula is optional. The customer may or may not use the provided form.
8. The customer who used the delivery to the Seller of the declaration of withdrawal from the contract by electronic means will be immediately informed of the acceptance of the declaration of will by e-mail or in writing to the address provided in the order form.
9. The seller immediately, within no more than 14 calendar days from the date of receipt of the declaration of withdrawal from the contract, will return to the Customer any payments received from him, including the costs of delivering the goods using the same payment methods that were used by the Customer in the original transaction, unless the Customer expressly agreed to a different solution that will not involve any additional costs for him.
10. If the Consumer submitted a declaration of withdrawal from the sales contract before the Seller accepted his offer, the offer ceases to be binding.
11. The seller may withhold the reimbursement until receipt of the goods or until proof of its return is provided to him, whichever occurs first.
12. The customer is obliged to return the ordered goods to the address of the Seller within no more than 14 calendar days from the day on which he informed the Seller about the withdrawal from the contract.
13. The Customer who is a Consumer bears only the direct costs of returning the goods.
14. In the event that the returned goods, due to their nature, cannot be returned by regular mail, the Seller then informs the Customer who is a Consumer about the costs of returning the goods on the website of the store.
15. The consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the ordered goods.
16. Pursuant to the provisions of Art. 38 of the Act on Consumer Rights, the right to withdraw from a contract concluded outside the business premises or at a distance is not available to the Consumer in relation to the contract:
16.1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who has been informed before the commencement of the service that after the Entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract,
16.2. 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,
16.3. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
16.4. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life,
16.5. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery,
16.6. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items,
16.7. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Entrepreneur has no control
16.8. in which the Consumer explicitly demanded that the Entrepreneur came to him for urgent repair or maintenance; if the Entrepreneur provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the contract with regard to additional services or items,
16.9. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery,
16.10. for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
16.11. concluded through a public auction,
16.12. for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision,
16.13. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent 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.
17. The provisions of this paragraph also apply (e.g. after prior verification of the scope of the contract with the PKD codes disclosed in the Central Register and Information on Economic Activity) to individual entrepreneurs who conclude an Agreement directly related to their business activity, but not of a professional nature.
18. In the event of submitting a complaint or a declaration of withdrawal from a distance contract by a natural person, the Seller verifies whether that person has the status of a Consumer or Entrepreneur by verifying the content of the order (in particular, whether the Customer disclosed his company and tax identification number when placing the Order):
18.1. if the verification shows that the Customer has the status of a Consumer, the Seller proceeds to consider the legitimacy of the complaint or declaration of withdrawal from a distance contract,
18.2. if the Agreement was concluded with a natural person - an Entrepreneur, the Seller verifies, for example, by determining whether the subject of the Order covered by the complaint or declaration of withdrawal from a distance contract falls within the scope of activities covered by one or more of the Customer's PKD codes (whether the transaction was for the Customer professional nature).
18.3. In the case of a natural person running a business entered in CEIDG, after the Seller has checked the compliance of the subject of the Order with the scope of the activity disclosed in CEIDG:
18.4. if the subject of the Agreement is consistent with the scope of activities covered by the Customer's PKD codes, the Customer is not entitled to the rights under the warranty for defects of goods or the right to withdraw from a distance contract, and the Seller rejects the application (unless the provisions of § 10 of the Regulations provide otherwise),
18.5. if the subject of the Agreement is not consistent with the scope of activities covered by the Customer's PKD codes, the Seller shall proceed to consider the complaint or declaration of withdrawal from a distance contract.
§ 9 Complaints and warranty
1. The seller is obliged to provide the customer with goods in accordance with the order, which is free from defects.
2. Detailed information on the Seller's liability towards the Customer is provided in the Civil Code, in particular in articles 556 to 576.
3. The seller is liable if the sold goods have a physical or legal defect.
4. The customer has the right to submit a complaint in any form, e.g. in writing to the address of the registered office The Seller or by e-mail to the Seller's e-mail address.
5. The customer exercising the rights under the warranty is obliged to deliver the defective goods to the address of the Seller. If, for example, due to the type of goods, its delivery by the Customer would be excessively difficult, the Customer is obliged to make the goods available to the Seller at the place where the goods are located.
6. If these rights are exercised by the Customer who is a Consumer, the delivery costs are borne by the Seller.
7. In the case of a Client who is an Entrepreneur, the parties exclude liability under the warranty.
8. In order to submit a complaint, it is recommended that the Customer provide the following information, however, failure to provide the indicated data does not affect the complaint process, and only may be helpful for the Seller in the course of considering the complaint:
8.1. data of the person submitting the complaint for the purpose of contact and the Seller's data,
8.2. the date of purchase of the advertised goods and the date of notification,
8.3. the subject of the complaint,
8.4. Consumer's request.
9. In order to submit a complaint, the Customer may use the form template available on the store's website.
10. The seller on the website of the online store provides a model complaint form that can be used by the customer. Failure to use the form does not affect the complaint and the effectiveness of its consideration.
11. If the Seller does not respond to the complaint within 14 calendar days, the complaint shall be considered justified. After the indicated deadline, the Seller may not refuse to comply with the Consumer's request.
§ 10 Entrepreneurs
1. The provisions of this paragraph apply only to Entrepreneurs, i.e. Customers who are not Consumers.
2. In the event of differences in the provisions of the regulations contained in this section (concerning only Entrepreneurs) in relation to the other provisions of the regulations, the provisions of this section shall apply.
3. The Seller has the right to withdraw from the sales contract concluded with the Customer who is not a Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
4. In the case of Customers who are not Consumers, the Seller may terminate the contract for the provision of electronic services with immediate effect and without giving reasons by sending an appropriate statement.
5. A client who is an Entrepreneur may use an online platform for resolving disputes at the EU level (ODR platform), available at: http://ec.europa.eu/consumers/odr/.
6. In the event of a complaint, it is necessary to contact the Seller before submitting the notification.
7. Upon the release of the goods by the Seller to the Carrier, the benefits and burdens related to the goods and the risk of their accidental loss or damage are transferred to the Customer who is not a Consumer. In such a case, the Seller shall not be liable for any loss, defect or damage to the goods arising from its acceptance for transport until it is delivered to the Customer, and for delays in transporting the shipment.In the case of delivery of goods made via the Carrier, the Customer who is not a Consumer is obliged to inspect the shipment in time and in the manner adopted for such shipments. If he finds that there has been a loss or damage to the goods during transport, he is obliged to perform all actions necessary to determine the liability of the Carrier.
8. In the case of Customers who are not Consumers, the invoice is the document that authorizes the complaint of defective goods.
9. In the case of Customers who are not also Consumers, the Seller has the right to limit the available payment methods, and may also require prepayment in whole or in part. and this regardless of the payment method chosen by the Customer and the fact of concluding the sales contract.
10. In the case of Customers who are not also Consumers, the Seller has the right to terminate with immediate effect and without giving a reason by sending an appropriate statement, the contract for the provision of electronic services.
11. The seller informs that in accordance with art. 558 § 1 of the Civil Code, liability under the warranty for the product towards the Customer who is not a Consumer is excluded.
12. The Seller informs that all disputes between the online store and the Customer who is not a Consumer will be submitted to the court having jurisdiction over the seat of the Seller.
§ 11 Out-of-court ways of dealing with complaints and redress
1. The seller informs that detailed information on extrajudicial methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php,
http://www.uokik.gov.pl/sprawy_indywidualne.php,
http://www.uokik.gov.pl/wazne_adresy.php,
https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
2. The Customer who is a Consumer has the option of using out-of-court dispute resolution, including:
2.1. The Customer who is a Consumer has the right to submit a requestfor settlement of a dispute arising from the concluded contract of sale to a permanent amicable consumer court, referred to in art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws No. 4, item 25, as amended), the rules of organization and operation of permanent consumer arbitration courts are set out in the Regulation of the Minister of Justice of September 25, 2001 in on the rules of organization and operation of permanent amicable consumer courts. (Journal of Laws No. 113, item 1214, as amended),
2.2. The Customer who is a Consumer may request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller,
2.3. The Customer who is a Consumer has the right to obtain free assistance in order to resolve the dispute between him and the store. For this purpose, it can usefrom the help of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g. the Consumer Federation),
2.4. The Customer who is a Consumer may use the online platform for dispute resolution at the EU level (ODR platform), available at: http://ec.europa.eu/consumers/odr/. This platform is an interactive and multilingual dispute resolution model.
§ 12 Personal data in the online store
1. The seller declares that he complies with all the rules for the protection of personal data of people using the online store and all legal regulations.
2. Detailed rules for the protection of personal data, including the rights of data subjects, purposes and the scope in which personal data are collected, are set out in the privacy policy.
3. The Seller informs that providing personal data is voluntary, but failure to provide the personal data indicated on the website and in the regulations necessary to conclude a sales contract results in the inability to conclude this contract.
§ 13 Final provisions
1. Agreements are concluded in Polish via the online store.
2. In matters not covered by the provisions of these regulations, the generally applicable provisions of Polish law shall apply.
3. Annexes to the regulations constitute its integral part.
4. The seller reserves the right to make changes to these regulations. The Seller will inform the Customer about each change at least 14 days in advance by sending him an electronic link to the new records. The changes come into force within 14 calendar days from their publication on the store's website. If the Customer does not accept the changes, he is obliged to inform the Seller about this fact within 14 calendar days, and thus the contract will be terminated. Otherwise, after the expiry of the indicated period, the Seller will consider the changes to be accepted.
5. Amendments to the regulations regarding some electronic services (e.g. Customer account, order form) remain binding if the User has been properly informed about the changes and has not terminated the contract within 14 calendar days from the date of notification.
6. Amendments to the regulations do not affect already placed orders and orders in progress.
7. The Regulations come into force on April 12, 2021.