Terms and conditions of use
Online shop regulations of “enwar.pl”
§1 Basic definitions
§2 General provisions
§3 Conditions for the provision of services
§4 Terms and conditions of the contract
§5 Order execution
§7 Methods of payment
§10 Complaint procedure
§12 Out-of-court complaint handling and pursuing claims
§13 Provisions concerning traders
§14 Final provisions
Dear Customer, these Regulations shall determine the manner of concluding sales contracts via the aforementioned website, the rules of performing these contracts, including delivery, rights and obligations arising from the applicable law, as well as the procedure for withdrawal from the contract and complaint handling. The Regulations consist of four main parts:
a) from § 1 to § 3 – include general regulations of these Regulations;
b) from § 4 to § 7 – the purchase process of goods/services is described;
c) from § 8 to § 12 – contains regulations related to finding the Goods/Services defective as well as the right to withdraw from the contract;
d) from § 13 to § 14 – all other regulations are described.
§1 Basic definitions
- Online shop – www.enwar.pl
- Seller – Enwar sp. z o.o., (Tax Identification Number) NIP: 8842744389, REGON (statistical number): 021838385, National Court Register: 0000413497, tel. 0048 74 853 24 59
- Address of the Seller – whenever the Regulations refer to the address of the Seller, the following data shall be understood as such:
a) legal address: Strefowa 9, 58-160 Świebodzice
b) e-mail address
- Customer – a natural person with full capacity to perform legal transactions, and in cases provided for by generally applicable regulations, also a natural person with limited capacity to perform legal transactions, a legal person or an organizational entity with no legal personality to which the Act grants legal capacity, which has concluded or intends to conclude a sales contract.
- Consumer – art. 221 of the Civil Code: a natural person who performs with the Seller a legal action not directly related to his business or professional activity.
- Distance contract – means a contract concluded between the Online Shop Seller and the Consumer under an organised procedure of the system of concluding distance contracts, without the need for both parties to the contract to participate in one place and time, concluded with one or more means necessary to communicate remotely until the conclusion of the contract.
- Service – a service provided electronically by the Service Provider (Seller) to the Service Recipient (Customer) via the Online Shop i.e. maintenance services, industrial construction.
- Sales contract – a sales contract of the Product displayed on the website of the aforementioned Online Shop concluded or made between the Customer and the Seller via the Online Shop.
- Goods – a Product, a movable item purchased by the Customer via the Online Shop, i.e. Steel constructions, ventilation, small architectural products, air conditioning, trolleys, intralogistics, workbenches.
- Basket – a place where a Customer specifies important elements for further order such as: quantity of Goods, delivery address, method of delivery, method of payment, invoice details and possibly other information, if it is necessary to provide it in order to properly execute the order.
- Order – a Customer’s declaration of will, submitted via the Online Shop, specifying: type and quantity of the Goods in the Online Shop’s range at the time of placing the order, method of payment, method of Goods delivery, place of Goods issue and Customer’s data.
- Promotion/Discount – personal, quota or percentage discount for the Customer granted for the purchase of a given product or group of products in the Online Shop.
- Order form – an electronic service, a form on an electronic medium available in the Online Shop, enabling placing and execution of the Order, among others by adding Products to the electronic basket and specifying the terms and conditions of the Sales Contract, including the method of delivery and payment.
- Order processing time – the time when the order placed by the Customer of the Online Shop is completed, packed, stamped by the Seller and forwarded for delivery by the method of delivery chosen by the Customer.
- Business day – one day from Monday to Friday, excluding public holidays.
- Newsletter – a marketing service provided by the Service Provider (Seller) via e-mail, using e-mail addresses, which enables the Service Recipients (Customers) to receive automatically from the Service Provider the advertising content of the Products of the Online Shop, containing information about promotions, new products and subsequent editions of the Online Shop newsletter.
- Consumer Rights Act, the act – the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827 as amended).
§2 General provisions
- The Seller hereby declares that the Seller undertakes to provide services which are the subject of the Online Shop’s activity to the Customer in a manner that is reliable and complies with applicable laws, rules of social coexistence and in a manner specified in the Regulations.
- When placing an order in the Shop, the Customer has the opportunity to read the Regulations, accepting their content by marking the appropriate box in the form. In order to complete the order it is necessary to accept the provisions of the regulations. We would like to inform you that concluding the Sales Contract via the Internet and accepting the regulations entails the obligation to make payment for the ordered Goods.
- The administrator shall apply appropriate technical and organisational measures to ensure the protection of personal data, relevant to the risks and categories of data to be protected. Primarily, the administrator protects the data from access, removal, processing, loss, modification, damage or destruction by unauthorized persons. The detailed scope of protection has been regulated pursuant to the requirements of the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instructions).
- The administrator of your personal data is Enwar Sp. z o.o., ul. Strefowa 9, 58-160 Świebodzice, NIP (Tax Identification Number): 8842744389, REGON (statistical number): 021838385, National Court Register: 0000413497, mail: email@example.com 0048 74 853 24 59
- Every person whose data is processed is entitled to:
a) supervise and control the processing of personal data for which the Seller keeps database of customers of the aforementioned shop;
b) obtain full information on whether such database exists and is maintained by the Seller;
c) determine who is the data administrator, establish his/her address, legal address, name where the administrator is a natural person to establish his/her name and place of residence;
d) obtain information on the purpose, scope, method and duration of processing of the data in such database;
e) obtain the information in a commonly understood form of the data;
f) know the source from which the data relating to it come, unless the administrator is under an obligation to keep confidential information or professional secrecy in this respect;
g) request to complete, update, correct 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 for the purpose for which they were collected.
- In accordance with point 6, the Customer has the right to insight into the content of the personal data processed, to correct them, as well as to demand their deletion. The personal data administrator shall be obliged to complete, update, correct or temporarily or permanently withhold the processing or delete the data from the filing system on an ongoing basis and immediately after notification, unless the request concerns personal data for which the mode of their completion, updating or correction is determined by separate provisions of law, including the Act.
- During the order completion process, 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 legally required or necessary for the execution of the order placed.
- The Customer may agree to receive from the Seller information of an advertising and commercial nature via electronic means by subscribing to the NEWSLETTER.
- The Customer undertakes to use the Online Shop in accordance with applicable laws and rules of social coexistence.
- The Customer using the Seller’s Services rendered through the Online Shop is obliged to comply with these Regulations to the extent necessary to complete the order placed and is not contrary to the applicable law and the principles of social coexistence.
- The Seller of the Online Shop declares that the Goods available and sold from the Online Shop are new, usable, safe and free from physical and legal defects. The goods fully correspond to the properties that are shown and described on the Online Shop website.
- If the Goods have been covered by the manufacturer’s warranty of the so-called document of warranty, in which the manufacturer assumes responsibility for the characteristics of the goods, whose existence he assured (e.g. in terms of functionality, durability, quality of the goods), this warranty does not exclude and does not in any way limit the possibility of the Buyer to exercise his rights under the warranty for defects of the Goods, both physical and legal.
- The Seller executes orders on the territory of Poland and orders placed by Consumers in Europe, and having previously agreed the terms of delivery also in other countries.
- All the Goods available for sale in the Online Shop have been launched on the Polish market in a legal manner and in compliance with the law. The information concerning the Goods on the website of the Online Shop constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of 23 April 1964 of the Civil Code.
- All prices of Products/Goods/Services provided on the website of the Online Shop are given in the Polish currency (Polish zloty) and are gross prices including VAT, customs duties and other legally imposed items.
- NOTE: The prices of the Goods listed on the website of the Online Shop do not include delivery costs, they are added only at the stage when the Customer selects the method of delivery of the ordered Goods.
§3 Conditions for the provision of services
- This Online Shop provides services by electronic means, the condition for accession to the contract is primarily filling in the online order form in order to conclude a sales contract. Accession to the contract is voluntary.
- The contract for the provision of services is concluded electronically in the form of enabling the Online Shop’s Customer to fill in the order form, the contract is concluded for a fixed period of time when the Customer begins to fill in the form and is terminated when the form is withdrawn or when the completed form is sent to the Seller. The process of filling in the order form is arranged in such a way that every Customer has the opportunity to get acquainted with it before making a decision on concluding a contract or making a change in the contract.
- The service defined in point 1 is provided free of charge, but may require access to the Internet.
- You can place your order via electronic means 24 hours a day, 7 days a week.
- By completing the purchase in the appropriate box of the order, the Customer indicates the option “I agree to the processing of my personal data contained in the order form by the shop for the purpose and to the extent necessary to complete the order”. – it is necessary for the conclusion of the contract. Providing your personal data is necessary to place an order, failure to provide personal data shall be equivalent to withdrawal from the contract.
- According to Article 8(2) of the GDPR, the administrator shall, taking into account the available technology, make reasonable efforts to verify that the person having parental authority or custody of the child (under 16 years of age) has consented or approved it.
- Requirements necessary to use the services provided by the Online Shop Seller:
a) a device having access to the Internet,
b) a web browser that supports cookies, for example:
- The Customer’s expenses connected with Internet access and data transmission are incurred exclusively by the Customer according to the schedule of the provider with whom the Customer has signed a contract for Internet services.
§4 Terms and conditions of the contract
- If the Seller gives the possibility to order the Goods, whose properties are that it is customized according to the individual order of the Customer, the Customer sends, along with the Internet order form, the content necessary for execution of the Goods, i.e. text, graphics, dimensions, etc., in compliance with technical requirements included in the description of the Goods, or selects appropriate specification of the Goods from available options of particular Goods configuration given by the Seller.
- As soon as the order is received, the Seller shall send to the Customer via electronic means to the e-mail address provided during the order placement process a declaration of order acceptance which shall also constitute its confirmation. Once the Customer receives the information, a sales contract is concluded.
- The message summarising and confirming the order contains all the pre-established terms and conditions of the sales contract, in particular the quantity and type of the ordered Goods, its specification in case of ordering Goods with individual properties specified by the Customer of the Online Shop, the total price to be paid (specified in Polish zloty) along with the delivery costs and the amount of discounts granted (if applicable).
- In case the Customer holds a greater number of discounts coming from several sources/promotions, they are only subject to combining/adding if it is clearly specified in the Promotion Regulations. If there is no provision for combining different promotions/discounts, only one discount (one promotion) can be selected for a given purchase.
§5 Order execution
- The Seller diligently handles Customer’s orders according to the sequence of their receipt – each order is a priority and very important for us!
- The lead time for a single Customer is from 1 to 5 business days from the date of sending the Order by the Customer. In case of products marked with ‘on request’ availability, the delivery time is specified on the product website. The time of order execution consists primarily of the order preparation time (completing and packing the order, handing the shipment to the courier, and in selected cases the execution of the Goods). The delivery time of the order depends on the selected method of delivery, it may vary according to the type of means of transport specified by the Customer.
- In case of exceptional circumstances or lack of possibility to execute the order as indicated in point 2, the Seller shall contact the Customer immediately in order to determine the further procedure, including setting a new date for the order execution and changing the method of delivery.
- Delivery of the Goods shall proceed through the operator of the Polish Post or a courier company or in any other way accepted by the parties not involving excessive and unreasonable costs on the Seller’s and Customer’s side.
- The Goods ordered shall be delivered according to the Customer’s choice, either directly to the Customer’s address indicated on the online order form and confirmed by the Customer as the address for shipment or collected in person at the personal collection point at the address given when the order was placed.
- The goods are always packed in a manner appropriate to their properties, so that they are not damaged, lost or destroyed during transport.
- The Customer is informed about the delivery costs on an ongoing basis, they are provided while filling in the online order form by the Customer. The amount of shipping costs depends on the country to which the order is sent, the quantity of goods ordered, their weight and the way of shipment.
- After receiving the shipment, the Customer who is a Consumer or a third party authorized by the Customer should, as far as possible, check carefully the condition of the packaging, whether it bears no signs of damage, interference by an unauthorized person and whether its contents are untouched. If any damage or other irregularities are discovered, the Customer shall, if possible, draw up a damage report in the presence of the courier and notify the Seller. If the products look damaged, the Customer is requested not to accept the shipment if possible. This provision shall not in any way exclude or limit the rights of a Customer who is a consumer, e.g. with regard to the right to lodge a complaint, and is only intended to support the Online Shop in determining the damage and the person liable for it. Notification of damage to the shipment does not depend on the report drawn up by the Buyer in the courier’s presence. The Consumer has the right to acquaint themselves with the order in detail.
§7 Methods of payment
- The Seller facilitates payment for the ordered Goods in the form of prepayment to the bank account.
- Electronic payment via credit card (Visa, Visa Electron, MasterCard, Maestro) or electronic banking via Internet payment service PayU, PayPal, Przelewy24.
- Payment in cash upon receipt of the ordered Goods (cash on delivery) – the Customer pays at the courier collecting the ordered Goods delivered through a courier company to the address indicated by the Customer in the order.
- The Seller documents the sale of the Goods pursuant to the Customer’s request either by a receipt or a VAT invoice. Proof of purchase in the form of a receipt or VAT invoice is delivered to the Customer along with the ordered Goods. The Seller may issue a VAT invoice for all ordered Goods in the Online Shop.
- Delivery of the Goods as part of performance resulting from the warranty for defects is made at the expense of the Seller.
- The Seller shall be liable under warranty if a defect is found prior to the lapse of two years from the date of the Goods delivery to the Consumer. The Seller shall be liable to the Consumer if the Consumer Goods at the time of issue were inconsistent with the contract, have physical and legal defects. The Seller shall be liable for non-compliance of the Consumer Goods with the contract if it is found prior to the lapse of two years from the issue of the Goods to the Buyer, however, in case of replacement of the Goods, this period shall begin anew. The physical defect is the noncompliance of the sold goods with the contract. In particular, the goods sold are not compliant with the contract if:
a) it does not have the properties required for that kind of thing by virtue of the purpose stated in the contract or arising from the circumstances or purpose;
b) there are no properties of which the Seller has assured the Buyer, including by presenting a sample or design;
c) it is not appropriate for the purpose of which the Buyer informed the Seller at the contract execution and the Seller has not objected to such a purpose;
d) has been delivered to the Buyer in incomplete condition.
- Notification of Goods defects should be sent by e-mail to the e-mail address of the Seller or in writing to the postal address of the Seller (see §1 point 3: “Address of the Seller”). If the Consumer has difficulties and does not know how to make a notification of defects of the Goods, the notification may be sent, for example, on a form attached as Appendix 2 to these Regulations, that only facilitates the complaint process, does not constitute any requirement to use the above mentioned template for the effectiveness of the complaint.
- If it is necessary for proper 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 headquarters of the Seller (see §1 point 3: “Address of the Seller”) as soon as the properties of the Product make it possible.
- The Seller shall respond immediately to the notification of the Consumer, but not later than within 14 calendar days from the date of its receipt. Any failure to consider the application within the specified time limit is equivalent to its consideration by the Seller and recognition of the application as justified.
- The Seller shall cover the expenses of collecting the Goods, delivery, removal of defects or faults and replacement of the Goods with new ones.
- In accordance with the provisions of law, a Customer who is a Consumer pursuant to Article 27 of the Act of 30 May 2014. (Journal of Laws of 2014, item 827 as amended) on the rights of the Consumer, the Customer has the right to withdraw from the distance contract without giving any reason.
- The right to withdraw from the contract shall be entitled within 14 calendar days from the moment of acquiring the Goods in the possession of the Client who is also the Consumer or a third party indicated by the Customer other than the carrier.
- If the Customer who is a Consumer withdraws from the contract, the contract is considered not concluded and the Consumer is then discharged from all obligations. Parties shall return what they have provided to each other unchanged unless the change was necessary in the ordinary management. The return should be made immediately, but not later than fourteen days.
- A Customer who is a Consumer may withdraw from the contract by submitting a declaration on the Internet form constituting Annex 1 to these Regulations, sending it by e-mail or to the postal address of the Seller according to the Customer’s choice. Annex 1 constitutes only an assistance in withdrawal from the contract, it is not a necessary model to exercise the right of withdrawal. The Customer may or may not use it. In order to make an effective withdrawal, a written statement to the address of the Seller is sufficient.
- To comply with the deadline specified in point 2, it is sufficient to send the Customer’s declaration of withdrawal from the contract before its expiration.
- The Seller shall immediately confirm to the Customer receipt of the withdrawal declaration and shall inform the Customer accordingly about further proceedings, including the manner of Goods return and, in case of questions, shall answer them.
- The Seller shall immediately, within a period not longer than 14 calendar days from the receipt date of the Customer’s declaration of withdrawal from the contract, reimburse the Customer all payments received from them, including the costs of goods delivery. The Seller shall reimburse the payment using the same method of payment as used by the Customer, unless the Customer has explicitly agreed to another method of reimbursement that does not involve any expenses for the Customer.
- If the Seller, after obtaining consent from the Customer, has not obliged to collect the Goods themselves, the Seller may withhold reimbursement of received payments, including costs of goods delivery until the moment of receiving the Goods back or providing the Customer with proof/confirmation of its return, whichever occurs earlier.
- The Customer is obliged to return it to the Seller or hand it over to a person authorized by the Seller immediately, yet no later than within 14 calendar days from the day of withdrawal from the contract, unless the Seller offered to collect the Goods themselves. In order to meet the deadline, it is sufficient to send back the Goods before its expiry.
- The Customer being a Consumer shall bear only direct costs of Goods return.
- A Consumer shall have the right to withdraw from a distance contract, without giving any reason and at no cost, except for the costs specified in Article 33, Article 34 of the Consumer Law.
- The Goods should be delivered to the address of the Seller (see §1 point 3: “Address of the Seller”).
- The Consumer shall bear liability for any reduction in the value of the item resulting from its use beyond what is necessary to determine the nature, properties and functioning of the Goods. This means that the Buyer has the right to inspect and check the Goods, but only in the way he could do it in a stationary shop (i.e. check its completeness and technical parameters). The Consumer cannot normally use the goods, otherwise he may be charged with additional costs due to a reduction in value when withdrawing from the contract.
- The right to withdraw from the contract shall not apply to contracts specified in Article 38 of the Act of 30 May 2014 on Consumer Rights, inter alia, in the situation:
a) for the provision of services where the trader has provided the service in full with the Consumer’s express consent, who was informed prior to the commencement of the service that after the trader’s performance he will lose the right to withdraw from the contract;
b) when the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the expiry of the withdrawal period;
c) where the subject matter is an unprocessed product, manufactured to the Consumer’s specification or serving to satisfy their individual needs;
d) where the subject matter of the performance is an item quickly deteriorating or having a short shelf life;
e) where the subject matter of the service is an item delivered in sealed packaging, which cannot be returned for health protection reasons or for hygienic reasons, if the packaging was opened after the delivery;
f) where the subject matter of the performance are goods that, after the delivery, due to their nature, are inseparably connected with other goods.
§10 Complaint procedure
- For proper complaint submission, a Customer should provide his or her data such as: name and surname or company name, address of residence or seat of the company and e-mail address, subject of complaint, if possible order number with indication of the period of time to which the complaint relates and circumstances that justify submission of the complaint (description of its nature), or what properties the Goods ordered do not have, but according to the Seller’s assurances or according to the manner of presenting them to the Customer should have.
- If the Customer is a Consumer, he/she may demand to replace the Goods with one that is free from defects instead of the one offered by the Seller, remove the defect or demand removal of the defect instead of the Product replacement, unless bringing the goods into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the manner offered by the Seller. When assessing the excessive costs, the value of the item free of defects, the type and significance of the defect found shall be taken into account, as well as the inconvenience that another way of satisfying the Customer would expose them to.
- Unless otherwise specified, the trader is obliged to respond to the consumer’s complaint within 14 days of receipt. If the trader has not responded to the complaint within the period referred to above, the trader shall be deemed to have acknowledged the complaint. The trader shall respond to the complaint either on paper or on another durable medium (USB flash drive or CD/DVD, responding to the complaint).
- If the application is not considered within the deadline, it shall be treated as accepted by the Seller. In case of failure to consider the claim within the deadline, withdrawal from the contract is not equivalent to recognition of the complaint lodged
- According to the law, a creator whose personal copyrights have been violated or threatened is primarily entitled to a claim to cease such action, to restore the previous state. If the action which caused the infringement was at fault, the Creator may claim compensation for the harm suffered or an appropriate sum of money for the stated social goal.
- By posting and making available any content, the Customer shall distribute it voluntarily. The Seller is not a provider of content and does not identify with it in any way, it is only an entity that provides information and communication resources. The Customer declares that:
a) is entitled to use and make available the content of its proprietary copyrights, industrial property rights or related rights;
b) placing and making available within the services, personal data, image, information concerning persons other than the Customer occurred in a lawful manner, voluntarily and with the consent of the owners of the content to which they relate;
c) accepts the access to information, data, images and other content published by him/her by other Customers and the Seller, allows the Seller to use them gratuitously;
d) grants consent to the development, modification and interpretation of works within the meaning of the Act on Copyrights and Related Rights.
- The Customer is not entitled to:
a) posting personal data of third parties, disseminating the image without having the necessary authorisation or consent of the third party concerned;
b) placing content of an advertising or promotional nature which is inconsistent with the purpose of the shop.
- It is forbidden for the Customer to post any content that could be of particular interest:
a) with the intention of infringing the personal rights of third parties;
b) placed in bad faith, or which might be considered as such;
c) violate the rights of third parties, copyrights, related rights, industrial property rights, business secrets or those which are subject to a clause of confidentiality, particularly those described as secret or top secret;
d) posting offensive or threatening content directed at others, statements commonly regarded as offensive, such as vulgarisms;
e) violate the legitimate interests of the Seller;
f) sending or posting unsolicited commercial communication (spam) within the Online Shop;
g) violate in any other manner whatsoever good morals, provisions of applicable law, social or moral standards.
- In case of receiving 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, in case it is determined that it may constitute a violation of these Regulations or applicable laws. The Seller does not control the content posted on an ongoing basis.
§12 Extra-judicial complaint handling and pursuing claims
- Information on extra-judicial ways of handling complaints and pursuing claims, as well as the rules of access to these procedures are made available in the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include Consumer protection, Voivodeship Inspectorates of Trade Inspection and at the following addresses of the Office for 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
- The Consumer has, inter alia, the following possibilities to use extra-judicial means of complaint handling and pursuing their claims:
- applying to the Voivodeship Inspector of Trade Inspection for commencement of mediation proceedings to amicably settle the dispute.
- applying to the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection to resolve a dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.
- requesting free legal assistance, inter alia, from the Consumer Federation – website address: www.federacjakonsumentow.org.pl.
- The European Consumer Centres Network helps to resolve cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl.
- The Consumer may also make use of 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 consumer ODR). The ODR (online dispute resolution) platform is available at an online address: http://ec.europa.eu/consumers/odr/ The European ODR platform provides a single point of access for consumers and traders to resolve extra-judicial disputes concerning contractual obligations arising from an online sales contract: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
- The use of extra-judicial means of complaint handling and claiming is voluntary and may take place only if both parties to the dispute, i.e. the Seller and the Customer, agree to it.
§13 PROVISIONS CONCERNING TRADERS
- The regulations and provisions in this paragraph 13 apply only to Customers and Service Providers not being consumers.
- The Seller reserves the right to withdraw from the sales contract concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. The withdrawal from the sales contract may be made without stating any reason and may not give rise to any claims on the part of a Customer not being a consumer against the Seller.
- In 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 an Electronic Service with immediate effect even without indicating the reasons, provided that a statement is sent to the Customer.
- The Seller has the right to limit the available payment methods to several or one, for individual or all goods. The Seller may require a prepayment in full or in part, regardless of the chosen payment method and the fact of concluding a sales contract.
- The risk of accidental loss or damage to the product is transferred to the buyer once the Seller issues the ordered product to the carrier. Once the ordered product is issued to the carrier, all benefits and burdens associated with the goods are also transferred to the Customer not being a consumer. In this case the Seller shall not be liable for any loss, damage or defect from the moment of its acceptance by the carrier until its delivery to the Customer.
- A Customer who is not a consumer is obliged to inspect the shipment in time and in the manner accepted for such type of shipments. If the Customer finds that there is loss or damage to the product during transport, they shall be obliged to take all steps required and necessary to establish the liability of the carrier.
- The Seller informs that in accordance with Article 558 § 1 of the Civil Code, the liability under product warranty to a customer not being a consumer is excluded.
- The liability of the Seller is limited for a single claim as well as for all claims in total to the amount paid. The Seller shall be liable only for typical damages foreseeable when the contract is concluded and shall not be liable for lost profits.
- Any disputes between the online shop 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
- The Internet shop honours all the rights of the Customers as stipulated in the provisions of the applicable law.
- If the applicable law grants Customers who are consumers more advantageous mandatory and legally required regulations compared to those included in these Regulations, the relevant provisions of the Regulations are directly replaced by specific norms of the applicable law and are thus binding for the aforementioned owner.
- All content published on the website of the Online Shop (including graphics, texts, page layout and logos) are protected by copyright and are the exclusive property of the Seller. Use of this content without written consent of the Seller shall result in civil and criminal liability.
- The shop owner, as a personal data administrator, shall inform you that:
- providing data is always voluntary but necessary for the execution of the order;
- the person providing personal data has an unrestricted right of access to all the contents of his or her data and to their rectification, deletion (right to be forgotten), restriction of processing, right to data transfer, right to withdraw consent at any time without affecting the lawfulness of processing, however, data may be made available to the competent authorities of the State in case the relevant provision requires it.
- The processing of personal data shall be based on Article 6(1)(a) and the content of the General Data Protection Regulation;
- personal data shall be stored and processed for the period necessary to complete the processing and execution of the order, but not longer than 3 years (2 years is the complaint period and 1 year for any other claims and emergency situation)
- the person providing their personal data has the right to lodge a complaint with the Personal Data Protection Office if they consider that the processing of personal data concerning the execution of the order violates the provisions of the General Data Protection Regulation of 27 April 2016;”.
5. With regard to the processing of personal data of this shop, an adequate level of protection has not been determined by the European Commission by decision, but the data will be adequately protected by means of IT/legal solutions and measures.
6. Your data will be processed in an automated way, including profiling.
7. In other matters not regulated by these Regulations, the relevant provisions of Polish law shall apply, in particular:
a) Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by a hazardous product (Journal of Laws 2000 No 22 item 271 as amended).
b) Act of 27 July 2002 on special conditions of consumer sales and amendments to the Civil Code (Journal of Laws 2002 No 141, item 1176 as amended);
c) Act of 23 April 1964 Civil Code (Journal of Laws 1964 No 16 item 93 as amended);
d) Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2013, item 1422);
e) Act of 30 June 2000 on Industrial Property Law (Journal of Laws 2001 No 49 item 508 as amended);
f) Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2006 No. 90, item 631 as amended),
g) Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827)
8. The amended Regulations shall be binding on the Customers if the requirements specified in Article 384 of the Civil Code have been fulfilled (i.e. the Customer has been properly notified of the amendments).
9. The Seller reserves the right to make amendments to the Regulations for serious reasons, that is:
a) amendments to legislation;
b) changes in payment and delivery methods;
c) changes in exchange rates,
d) changes in the manner of providing services via electronic means covered by the Regulations,
e) changes in the data of the Seller, including e-mail address, telephone number.
10. Changes to the regulations do not affect orders already placed and executed, they are subject to the regulations in force at the time of placing the order. The Seller informs about the intended change on the shop’s website at least 30 days in advance. If the amended regulations are not accepted, Service Recipients may terminate the contract with immediate effect within 30 days of receiving the message.
11. Disputes arising from the provision of services under these Regulations shall be submitted to the Common Court according to the choice of the Customer who is also a consumer, in accordance with relevant provisions of Polish law.
12. The appendices to the Regulations constitute an integral part thereof.
13. The sales contract is concluded in Polish, with the content compliant with the Regulations.
14. The Customers of the aforementioned shop may access these Regulations at any time via a link placed on the main page of the website as well as download it and make a printout; however, commercial use is subject to the protection of the LEGATO Law Office.
15. The Regulations shall enter into force on 1.02.2020.
Copyright notice to the Sales Regulations
The owner of all material copyrights to the template of this Sales Regulations is LEGATO Law Firm, which has granted this Shop a non-exclusive and non-transferable right to use this Sales Regulations for purposes related to its own commercial activity on the Internet and extends legal protection to the aforementioned document for the duration of the agreement. Copying and distribution of the template of this Sales Regulations without the consent of LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability. Internet sellers can learn more about the possibility of using the template of the Sales Regulations at http://www.kancelaria-legato.pl/