REGULAMIN

§1 Basic definitions
§2 General provisions
§3 Service terms and conditions
§4 Terms of the agreement
§5 Order fulfillment
§6 Delivery information
§7 Payment methods
§8 Guarantee
§9 Withdrawal
§10 Complaints procedure
§11 Accountability
§12 Out-of-court methods of dealing with complaints and redress
§13 Provisions regarding entrepreneurs

§14 Final provisions

 

Introduction 

Dear Customer, these regulations regulate the method of concluding sales agreements via the above-mentioned website, the rules for the implementation of these agreements, including delivery, rights and obligations under applicable law, and the procedure for withdrawing from the agreement and complaint procedure. The regulations consist of four main parts:

a) in § 1 to 3 – general provisions of these regulations;
b) in § 4 to 7 – the process of purchasing the goods/services has been described;
c) in § 8 to 12 – regulations related to the defectiveness of the goods/services as well as the right to withdraw from the agreement were concluded;
d) in § 13 to 14 – all other regulations have been included.

 

§1 Basic definitions 
  1. Online store: www.discarve.com

  2. Seller: the administrator of your personal data is DISCARVE DUBIŃSKI SIKORSKI GENERAL PARTNERSHIP, NIP: 7252308600, tel: +48600513020.

  3. When the Regulations refer to the seller’s address, it means the following data:

    a) Headquarters are located at  KILIŃSKIEGO 100/6, 90-012 LODZ POLAND.
    b) e-mail address: shop@discarve.com

  4. Customer: 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, which the law grants legal capacity, which has concluded or intends to conclude a sales agreement.

  5. Consumer – art. 221 of the Civil Code: a natural person who performs a legal transaction with the seller not directly related to its business or professional activity.

  6. Sales agreement – an agreement for the sale of a product posted on the website of the above-mentioned online store, concluded or concluded between the customer and the seller via the online store.

  7. Goods – product, a movable item that the customer purchases through the online store, i.e., induction chargers, home accessories, electronic accessories, wooden maps on the wall.

  8. Order – Customer’s declaration of intent, 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, method of payment, method of delivery of the goods, place of issue of the goods, and customer data.

  9. Order form – is an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and execution of an order, inter alia, by adding products to the electronic basket, and specifying the terms of the Sales Agreement, including the method of delivery and payment.

  10. Order fulfillment time – the time during which the order placed by the customer of the online store will be completed, packed, sealed by the seller, and forwarded for delivery by the form of delivery chosen by the customer.

  11. Business day – one day from Monday to Friday, excluding public holidays.

  12. Act on Consumer Rights, Act of May 30, 2014 on Consumer Rights (Journal of Laws 2014, item 827 as amended).

 

§2 General provisions 
  1. The Seller declares that it complies with all the required rules for the protection of personal data of customers as provided for, inter alia, by the Act on the Protection of Personal Data (i.e., Journal of Laws of 2015, item 2135, as amended, in accordance with the provisions of the EU Council Regulation 2016/679 (of April 27, 2016, Journal of Laws UE.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. “Processing and protection of personal data by the Seller are specified in the “Privacy Policy” of the Online Store.”

  2. By placing an order in the store, the customer has the opportunity to read the regulations and accept their 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.

  3. The data controller applies appropriate technical and organizational measures to ensure the protection of personal data corresponding to the threats and categories of data protected. First of all, it protects data against disclosure, removal, processing, loss, alteration, damage or destruction 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).

  4. The administrator of your personal data is DISCARVE DUBIŃSKI SIKORSKI GENERAL PARTNERSHIP, NIP: 7252308600, JAN KILIŃSKI 100/6, 90-012 D., ŁÓDŹ, phone: +48600513020, mail: shop@discarve.com

  5. Each person whose data is processed has the right to:

    a) supervise and control the processing of personal data, for which the seller keeps a collection of customer data from the above-mentioned store;
    b) obtain exhaustive information about whether such a collection exists and is maintained by the seller;
    c) determine who is the data administrator, determine his address, registered office, and name; in a situation where the administrator is a natural person, determine his name and place of residence;
    d) obtain information about the purpose, scope, method, and time of processing the data contained in such a set;
    e) obtain information in an intelligible form about the data content;
    f) get to know the source from which the data concerning him originates, unless the data controller is obliged to keep secret classified information or professional secrecy in this respect;
    g) request that their personal data be supplemented, updated, rectified, or deleted if they are incomplete, out of date, untrue, were collected in violation of the Act, or are no longer required to achieve the purpose for which they were collected.

  6. The customer, in accordance with point 6, has the right to inspect the content of personal data being processed, correct them, and request the deletion of such data. The personal data administrator is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the set on an ongoing basis and immediately after notification, unless the request concerns personal data, for which the procedure for supplementing, updating or rectifying them is specified in separate provisions of law, including the act.

  7. 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 if legally required or necessary for the execution of the order placed.

  8. The customer may agree to receive advertising and commercial information by electronic means from the seller by subscribing to the newsletter.

  9. 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.

  10. The seller of the online store 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 website of the Online Store.

  11. The Seller carries out orders on the territory of Poland and orders placed by consumers in Europe, and after prior arrangement of the terms of delivery, also in other countries.

  12. All the goods for sale in the online store have been introduced to the Polish market in a legal manner. Information regarding the goods on the website of the online store constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 of the Civil Code.

  13. All prices of products/goods/services listed on the website of the Online Store are given in Polish currency (Polish zlotys). They are gross prices including VAT, customs duties and other components imposed by law.

  14. NOTE: The prices of the goods provided on the website of the online store do not include delivery costs. They are added only at the stage of choosing by the customer the method of delivery of the ordered goods.

  15. An entrepreneur running a sole proprietorship has the right to withdraw from the agreement within 14 calendar days from the moment the customer or a third party designated by him other than the carrier takes possession of the goods. .

  16. For the record. Due to the new provisions of the Civil Code, the legislator also planned to add Art. 38a to the Act on Consumer Rights, which will allow sole proprietorships to use the 14-day right of return as follows: Art. 38a. The provisions concerning the consumer contained in this chapter shall apply to a natural person concluding an agreement directly related to his business activity, when the content of this agreement shows that he does not have a professional character 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. “

  17. Art. 556 (4) With the exception of Art. 558 1, second sentence, the provisions on the consumer contained in this section shall apply to a natural person concluding an agreement directly related to his economic activity, when the content of that agreement demonstrates that they do not have a professional character for that person, resulting in particular from the subject of his economic activity, made a contract.

  18. Verification of whether a given activity is of a professional nature will be carried out on the basis of the Central Register and Information on Economic Activity and specifically on the PKD codes entered therein defining the types of economic activity.

  19. Entrepreneurs running a sole proprietorship will be authorized to:

    • prohibited clauses used in agreement templates;
    • provide a warranty for defects in the sold item;
    • file a recourse claim against the previous seller in connection with the consumer’s complaint;
    • give the right to withdraw from a distance or off-premises agreement within 14 days;

  20. The provisions concerning the consumer in Art. 385 (1) – 385 (3) of the Civil Code [concerning prohibited contractual provisions] apply to a natural person concluding an agreement directly related to its business activity when the content of this agreement demonstrates that it does not have a professional nature for it, resulting in particular from the subject of its business activity.

  21. New Art. 385 (5) of the Civil Code applies only to prohibited contractual provisions (abusive clauses). The provisions on abusive clauses will be applied to sole proprietorships after January 1, 2021. The catalog of examples of twenty-three abusive clauses is included in Art. 385 (3) of the Civil Code. On the other hand, in the current version of the register of abusive clauses kept by the President of UOKiK.

  22. The new regulations will apply to agreements 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, shall not apply to agreements concluded before January 1, 2021. The provision of Art. 38a of the Act amended in Art. 55 does not apply to agreements concluded before January 1, 2021.

  23. Entrepreneurs running a sole proprietorship will still not be able to use the assistance of institutions supporting consumers in the protection of their rights, including the assistance of Poviat/Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection. . 

 

§3 Service terms and conditions 
  1. This online store provides services by electronic means. The condition for joining the agreement is, first of all, to complete the online order form in order to conclude a sales agreement. Joining the contract is voluntary.

  2. The agreement for the provision of services is concluded electronically in the form of enabling the customer to fill in the order form. The agreement is concluded for a definite period of time when the customer proceeds to fill in the form and is terminated upon withdrawal from completing the form or upon sending the completed form to the Seller. The process of completing the order form is organized so that each customer has the opportunity to read it before making a decision to conclude an agreement or change the contract.

  3. The service specified in point 1 is provided free of charge, but may require access to the Internet.

  4. Electronic orders can be placed 24 hours a day. Daily, 7 days a week.

  5. 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 for the conclusion of the agreement. Providing your personal data is necessary to place an order. Failure to provide personal data will be tantamount to withdrawal from the agreement.

  6. Pursuant to Art. 8 sec. 2 GDPR, the controller, taking into account the available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of the child (under 16) has consented or approved it.

  7. The costs of the customer 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 an agreement for the provision of Internet services. 

 

§4 Terms of the agreement 
  1. To conclude a valid and binding party to the Sales Agreement, the customer selects in accordance with the displayed offer of the online store, specifying the quantity of the goods he intends to purchase and, if possible, indicating the features of the ordered product and its specification accordingly. Together with the selection of the goods, the customer fills in the online order form, indicating the data necessary for the seller to perform 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.

  2. Registration of the Customer Account in the Online Store is voluntary and free of charge.

  3. If the Seller provides the possibility of ordering the Goods, the properties of which are made on the individual order of the Customer, the Customer sends, along with the online order form, the content necessary for the performance of the Goods, i.e. text, graphics, dimensions, etc., in accordance with technical requirements included in the description of the Goods or selects the appropriate specification of the Goods from the variants of the available configuration options for the Goods provided by the Seller.

  4. 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 agreement is concluded.

  5. The message summarizing and confirming the order contains all the previously agreed terms of the sales agreement, 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).

  6. If the customer has more discounts from several sources/promotions, they are subject to aggregation/summation only when it is clearly specified in the Promotion Regulations. If there is no provision as to the method of combining various promotions and discounts, only one discount (one promotion) can be selected for a given purchase. 

 

§5 Order fulfillment 
  1. The Seller reliably carries out the customer’s orders in the order in which they are received. Each order is a priority and very important for us!

  2. The order processing time for a single customer is from 1 to 5 working days from the date of sending the order by the customer. In the case of products with availability ‘on order’, the delivery time is specified on the product page. The time of order fulfillment consists mainly of the time spent preparing the order (completing and packing the order, delivering the shipment to the courier, and, in selected cases, the execution of the goods). The time of delivery of the order depends on the chosen method of delivery. It may change depending on the type of means of transport indicated by the customer.

  3. In the event of exceptional circumstances or inability to execute the order as specified in point 2, the Seller shall immediately contact the customer to determine the next course of action, which may include establishing a different date of order fulfillment or changing the method of delivery. 

 

§6 Delivery information 
  1. The delivery of the goods takes place via the operator of Poczta Polska or a courier company, or otherwise accepted by the parties, not involving excessive and unjustified costs on the part of the seller and the customer.

  2. The ordered goods are delivered according to 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 order.

  3. The goods are always packed in a way that corresponds to their properties, so as not to be damaged, lost or destroyed during transport.

  4. The customer is informed about delivery costs on an ongoing basis. They are provided when the customer completes the online order form. Shipping costs depend on the country to which the order is sent, the quantity of ordered goods, their weight, and the method of shipment. 

 

§7 Payment methods 
  1. The seller enables payment for the ordered goods in the form of a prepayment to the bank account.

  2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or by online transfer of electronic banking via the online payment service PayU, PayPal, Blik.

  3. Cash on delivery of the ordered goods (cash on delivery): the customer makes the payment to the courier by collecting the ordered goods delivered via a courier company to the address indicated by the customer in the order.

  4. The Seller documents the sale of the goods in accordance with the customer’s request, either by way of a receipt or a VAT invoice. A proof of purchase in the form of a receipt or a VAT invoice is delivered to the customer together with the ordered goods. The seller has the option of issuing a VAT invoice for all goods ordered in the online store.

 

§8 Guarantee 
  1. Delivery of the goods under the warranty for defects takes place at the expense of the seller.

  2. 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. The seller is liable to the consumer if the consumer goods were inconsistent with the agreement or had physical and legal defects at the time of their release. If non-compliance of the consumer goods with the agreement is discovered before the expiry of two years from the release of the goods to the buyer, the seller is responsible, and in the case of replacement of the goods, this period shall run anew. The non-compliance of the item sold with the agreement constitutes a physical defect.In particular, the item sold is inconsistent with the agreement if:

    a) it does not have properties that this type of thing should have due to the purpose specified in the agreement or results from circumstances or destination;
    b) it does not have properties that the seller has provided to the buyer, including by presenting a sample or pattern;
    c) it is not suitable for the purpose for which the buyer informed the seller at the conclusion of the contract, and the seller did not raise any objections as to its intended use;
    d) it was delivered to the buyer incomplete.

  3. Notification of defects in the Goods should be sent by e-mail to the Seller’s e-mail address or in writing to the Seller’s mailing 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 2 to these Regulations, which only facilitates the complaint process and does not constitute any requirement to use the above-mentioned template for the effectiveness of the complaints.

  4. If it is necessary for the correct assessment of physical defects of the Goods, upon request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller’s seat (see §1 point 3: “Seller’s address”) as soon as the Product properties allow it.

  5. The Seller shall respond immediately to the consumer’s notification, but 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 consideration by the seller and considering it as justified.

  6. The seller covers the costs of collecting the goods, delivery, removing defects or defects, and replacing the goods with a new one. 

 

§9 Withdrawal 
  1. 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 agreement without giving any reason.

  2. The right to withdraw from the agreement is granted within 14 calendar days from the moment of taking possession of the goods by the customer, who is also a consumer or a third party indicated by him other than the carrier.

  3. When a customer who is a consumer withdraws from the agreement, the agreement is considered void and the consumer is then released from any obligations. What the parties have provided to each other is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, not later than within fourteen days.

  4. The Customer who is a Consumer may withdraw from the agreement by submitting a declaration on the online form constituting Annex 1 to these Regulations, by sending it by e-mail or to the Seller’s postal address at the Customer’s choice. Annex 1 is only an aid to withdrawing from the agreement. It is not a template necessary to exercise the right to withdraw from the agreement. The customer may or may not use it. For effective withdrawal, it is sufficient to send a written statement to the address of the seller.

  5. To meet the deadline specified in point 2, it is enough to send the customer’s statement on withdrawal from the agreement before its expiry.

  6. The seller will immediately confirm to the customer the receipt of the declaration of withdrawal from the agreement and will notify the customer of the next steps, including the method of returning the goods, and will respond to any questions that may arise.

  7. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer’s declaration of withdrawal from the agreement, reimburse the Customer for all payments received from him, including the costs of delivering the goods. Unless the customer has expressly agreed to a different method of payment refund that does not incur any costs for him, the Seller shall refund the payment using the same method of payment as used by the customer.

  8. If the Seller, after obtaining consent from the customer, did not undertake to collect the goods himself, the Seller may withhold the reimbursement of payments received, including the cost of delivering the goods, until the goods are returned or the customer provides proof/confirmation of their return, whichever occurs first.

  9. The customer is obliged to return the item to the seller or hand it over to a person authorized by the seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the agreement, unless the seller offered to collect the goods himself. To meet the deadline, it is enough to return the goods before their expiry.

  10. The customer who is a consumer bears only the direct cost of returning the goods.

  11. The consumer has the right to withdraw from a distance agreement, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.

  12. The goods must be delivered to the Seller’s address (see §1 point 3: “Seller’s address”).

  13. The consumer is liable for a decrease in 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 good. This means that the buyer has the right to evaluate and check the goods, but only in the way that he could do it in a stationary store (i.e., check their completeness and technical parameters). The consumer cannot normally use the goods; otherwise, he may be charged with additional costs due to the reduction in their value.

  14. The right to withdraw from the agreement is not entitled to the customer in relation to the agreements specified in art. 38 of the Act of May 30, 2014 on consumer rights, including in situations:

    a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the customer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the agreement;
    b) 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 agreement;
    c) 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;
    d) in which the subject of the service is an item that deteriorates quickly or has a short use-by date;
    e) 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;
    f) 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 
  1. 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 registered office of the company, e-mail address, the subject of the complaint, and if possible, the order number, along with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of the complaint (description of what it is about), or what features the ordered product does not have, and according to the seller’s assurances or according to the method of presenting it to the customer, it was supposed to have.

  2. If the customer is a consumer, he may request the replacement of the product with one that is free from defects instead of the one proposed by the seller, the removal of the defect, or demand that the defect be removed, unless it is impossible to bring the product into compliance with the agreement in the manner chosen by the customer, or would require excessive costs compared to the method proposed by the seller. When assessing the excess 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 otherwise be exposed.

  3. 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 period 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 other durable medium (e.g., a USB stick or CD/DVD, in response to the complaint.) “

  4. If the application is not processed within the specified time limit, it should be considered by the seller. A claim to withdraw from the agreement, if it is not processed on time, does not constitute acceptance of the submitted complaint. 

 

§11 Accountability 
  1. By posting any content and making it available, the customer voluntarily disseminates it. The seller is not a content provider and does not identify with it in any way. It is only an entity that provides ICT resources. The customer declares that:

    a) they are entitled to use and share the content of proprietary copyrights, industrial property rights, or related rights posted by them;
    b) placing and sharing, as part of the services, personal data, images, and information concerning persons other than the customer took place in a lawful, voluntary manner and with the consent of the content owners;
    c) they accept the access to the information, data, images, and other content published by the other customer and the seller, and allow the seller to use them free of charge;
    d) they consent to the preparation, modification, and interpretation of works within the meaning of the Act on copyright and related rights.

  2. The customer is not permitted to:

    a) post third-party personal data or to disseminate images without the required consent or the consent of the third party to whom this data relates ;
    b) post advertising and/or promotional content inconsistent with the purpose of the store’s activity.

  3. It is forbidden for the customer to post any content that could, in particular,:

    a) have the intention of infringing on the personal rights of third parties ;
    b) be posted in bad faith or that could be considered as such. ;
    c) vviolate the rights of third parties, copyrights, related rights, industrial property rights, business secrets or those covered by the confidentiality clause, especially those defined as secret or top secret;
    d) post offensive or threatening content directed at other people, statements commonly considered offensive, e.g. profanity;
    e) violate the legitimate interests of the seller;
    f) send or post unsolicited commercial information (spam) as part of the online store;
    g) otherwise violate good manners, applicable law, social or moral norms.

  4. If the notification is received 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 it 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 redress 
  1. Information on extrajudicial methods of dealing with complaints and redress, 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, Voivodeship Inspectorates of 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, www.uokik.gov.pl/sprawy_indywidualne.php

  2. The consumer has, inter alia, the following options for using extrajudicial means of dealing with complaints and pursuing their claims:

  3. to apply to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute.

  4. to apply to the permanent amicable consumer court operating at the Provincial Inspector of Trade Inspection with a request to settle the dispute arising from the concluded agreement, address www.uokik.gov.pl/wazne_adresy.php.

  5. to request free legal aid, incl. to the Consumer Federation-website address: www.federacjakonsumentow.org.pl .

  6. 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 Center, www.konsument.gov.pl.

  7. The consumer may also use the platform of the online dispute resolution system (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013, on the online dispute resolution system for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR). ODR (online dispute resolution) is available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform is a single point of access for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded website sales agreement: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

  8. The use of out-of-court complaint and redress procedures 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 regarding entrepreneurs 
  1. The regulations and provisions in this paragraph 13 apply only to customers and service users who are not consumers.

  2. The seller reserves the right to withdraw from the sales agreement concluded with a non-consumer customer within 14 calendar days from the date of its conclusion. Withdrawal from the sales agreement may take place without giving a reason and may not give rise to any claims on the part of the non-consumer customer against the seller.

  3. In the case of customers who are service recipients and who are not at the same time consumers, the service provider may terminate the agreement for the provision of electronic services with immediate effect, even without giving reasons, provided that he has sent the customer a relevant statement.

  4. The seller has the right to limit the available payment methods to several or one, for individual or all goods. The seller may require prepayment in full or in part, regardless of the chosen method of payment and the fact of concluding the sales agreement.

  5. 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 the delivery of the ordered product to the carrier, all benefits and burdens related to the goods are also transferred to the non-consumer customer. In such a case, the seller is not liable for loss, defect, or damage from the moment the carrier accepts it until it is delivered to the customer.

  6. A customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If he finds that there has been a loss or damage to the product during transport, he is obliged to perform all actions necessary and necessary to determine the liability of the carrier.

  7. The Seller informs you that, in accordance with Art. 558 1 of the Civil Code, liability under the warranty for the product towards a customer who is not a consumer is excluded.

  8. The seller's liability is limited to a single claim as well as for all claims in total, up to the amount paid. The seller is liable only for typical damages predictable at the time of concluding the agreement and is not responsible for lost profits.

  9. Any disputes between the online store and a customer who is not a consumer shall be submitted to the court having jurisdiction over the seat of the seller. 

 

§14 Final provisions 
  1. The online store honors all rights of customers as provided for in the provisions of applicable law.

  2. 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 are therefore binding on the above-mentioned owner.

  3. All content posted on the website of the Online Store (including graphics, texts, page layout, and logos) benefits from copyright protection and is the sole property of the Seller. The use of this content without the written consent of the seller will result in civil and criminal liability.

  4. The store owner, as the administrator of personal data, informs you that:

    • providing data is always voluntary but necessary to perform the order;
    • the person providing their personal data has unlimited access to all content of their data and their rectification, deletion (the right to be forgotten), processing restrictions, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, However, the data may be made available to the competent state authorities when required by the relevant regulation.
    • 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 performance of the order, but not longer than 3 years (2 years is the complaint period and 1 year for any other claims and exceptional circumstances)
    • 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 regarding the performance of the agreement violates the provisions of the general regulation on the protection of personal data of 27 April 2016; “

  5. In terms of the processing of personal data by this store, an appropriate level of protection has not been determined by the European Commission by way of a decision, but the data will be properly secured by means of IT/legal solutions and measures.

  6. Your data will be processed in an automated manner, also in the form of profiling.

  7. In all other cases where the provisions of these regulations do not apply, the relevant provisions of Polish law apply.

  8. The amended Regulations are binding upon the customers if they meet the requirements specified in Art. 384 of the Civil Code (i.e., the customer has been properly informed about the changes).

  9. The Seller reserves the right to amend the Regulations for important reasons, that is,:

    a. changes in the law;
    b. changes in payment and delivery methods;
    c. to change the exchange rate,
    d. changes in the method of providing services by electronic means covered by the regulations,
    e. changing the Seller’s data, including e-mail address and telephone number.

  10. Amendments to the regulations do not affect already placed and already implemented orders. The regulations in force at the time of placing the order shall apply to them. The seller informs you about the intended change on the store’s website at least 30 days in advance. If the amended regulations are not accepted, the customers may terminate the agreement with immediate effect within 30 days of receiving the message.

  11. Disputes arising as a result of the provision of services under these regulations will be submitted to the General Court at the choice of the customer who is also a consumer, in accordance with the relevant provisions of Polish law.

  12. Annexes to the Regulations constitute integral parts of them.

  13. The sales agreement is concluded in Polish, with the content in accordance with the Regulations.

  14. Customers of the above-mentioned store can access these regulations at any time via the link on the main page of the website and download them and print them out. However, commercial use is protected by the LEGATO Law Firm.

  15. The Regulations will go into effect on ……………………. 

 

 

A Note on Copyright to the Terms of Sale

The owner of all material copyrights to the template of these Sales Regulations is the LEGATO Law Firm, which granted this store a non-exclusive and non-transferable right to use these Sales Regulations for purposes related to its own commercial activity on the Internet and extends legal protection to the above-mentioned document for the duration of the agreement. Copying and disseminating the template of these Sales Regulations without the consent of the LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability. Online sellers can find out more about the possibility of using the template of the Sales Regulations at http://www.kancelaria-legato.pl/