Terms and Conditions FOR THE GARETT.PL ONLINE STORE
(valid from 25/05/2018)
1.These Regulations define the general terms and conditions of operation of the online store www.garett.pl (also call as "Online Store"). The Online Store operated by the Service Provider is a sales platform through which the Service Provider provides services to customers electronically, as well as through which the Customer has the opportunity to read and conclude a Sales Agreement, for Goods presented by the Seller. For this purpose, the Service Provider provides its Clients and Sellers with appropriate system, IT and technology tools as well as provides services on the terms set out in the Regulations.
§ 1 Definitions
1. Working days - means days of the week from Monday to Friday or Saturday, excluding public holidays.
2. Delivery - means a factual act consisting in delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
3. Supplier - means an entity with which the Seller cooperates in the scope of making a Supply of Goods:
a) a courier company;
b) the operator of post office boxes (parcel locker).
4. Password - means a string of letters, digits or other characters selected by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Consumer Hotline - means telephone number +48 799 881 220, at which the Customer may contact the Service Provider.
6. Customer - means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded, in accordance with the Regulations and legal regulations.
7. Consumer - means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
8. Customer Account - means an individual panel for each Customer, launched on his behalf by the Service Provider, after the Customer has registered
9. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.
10. Regulations - means these regulations.
11. Registration - means actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
12. Stationary Store - means a place intended for serving Customers, the list of which is available on the Store's Website at www.garett.pl and www.garett.eu.
13. Seller - an entrepreneur running a trading company under the Garett brand, using the functionality and resources of the Online Store in order to invite customers to conclude a Sales Agreement. The full list of Sellers is available on the Shop Website.
14. Shop Website - means websites, under which the Service Provider operates the Online Store, operating in the domain www.garett.pl and www.garett.eu.
15. Goods - means a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.
16. Persistent medium - means a material or tool enabling the Customer, the Seller or the Service Provider to store information personally addressed to him in a way that allows access to information in the future for a reasonable period of time for the purpose of this information and which allows the stored information to be restored unchanged form.
17. Sale agreement - means a sales contract concluded remotely, on terms specified in the Regulations, between the Customer and the Seller.
18. Additional service - a paid service provided to the Customer outside the Online Store, the purchase of which is only possible to the device purchased through the Online Store Website.
19. Service Provider - a Store Owner running a business under the name PP S.C. with registered office at: ul. Klonowa 51 lok 35, 25-553 Kielce, REGON 260782107, NIP 9591956774, with which in matters related to the operation of the store you can contact via correspondence sent to the following address: Garett Dział Zwrotów ul. Targowa 18, lok. 1413 (14th floor), 25-520 Kielce.
§ 2 General provisions and use of the Online Store
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store Website, as well as to patterns, forms, logos, photos posted on the Shop Website (except for some logos and photos presented on the Store Website, to which copyright belongs to third parties) belong to the Service Provider.
4. In order to place an order in the Online Store via the Store Website or via e-mail and in order to use the services available on the Store's Internet Sites, it is necessary to conclude an agreement for the provision of electronic service of the store's sales platform by electronic means. It is done by accepting the store regulations and order confirmation with the obligation to pay. Therefore:
a) the conclusion of an agreement for the provision of electronic services for browsing the store's assortment is made by opening the website through an internet browser.
b) the conclusion of the contract for the provision of electronic services indicated above is tantamount to submitting the following statements:
- I have read the Regulations constituting the basis for placing an order and concluding a distance sale contract and I accept its provisions
- I am using the services of the Seller voluntarily,
- I meet the conditions of using the Store provided for in the Regulations,
- the data provided by me in the order form is true and does not violate the rights of third parties,
- I consent to the contract being concluded electronically,
- I consent to the collection and processing of my personal data by the Seller to the extent necessary to provide services electronically, on the terms set out in the Regulations
- I agree to receive e-mails and information about impediments, changes or technical breaks in the operation of the Store (not constituting commercial information or direct marketing) to the e-mail address specified in the order form.
c) the seller may terminate the contract for the provision of services by electronic means in the following cases:
- if the manner of using the services is contrary to the Store's regulations;
- if the client's activity is aimed at committing a crime, and also if it violates the rights of third parties,
- if the Seller has received official notification about the unlawful nature of the data provided or related activities of the Buyer,
- if the Buyer sends unsolicited commercial information,
- if the Buyer in a glaring or persistent manner violates the provisions of the Regulations, - if the address data provided by the Buyer raise objectively justified doubts as to their correctness or truthfulness, in particular the Buyer provides non-existent towns, non-existent streets, fictional data.
d) the buyer may at any time terminate the contract for the provision of electronic services. The declaration on termination of the contract for the provision of electronic services is submitted by the Buyer to the Seller's e-mail address indicated in the Regulations.
e) termination of the contract for the provision of electronic services follows a 14-day notice period.
f) it is forbidden to distribute any unlawful content by the Customer. The Seller reserves the right to call the Buyer to remove unlawful content from any store of the Store's website with deleting the deadline of not less than 3 days. After the expiration of the set period, the Seller will be entitled to remove unlawful content.
5. It is prohibited to provide the Customer with unlawful content and the Customer's use of the Online Store, the Shop Website or free services provided by the Service Provider in a manner contrary to the law, good practices or infringing personal rights of third parties.
6. The Service Provider declares that the public nature of the Internet network and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that minimize the above-mentioned risks. In particular, use anti-virus programs and protect the identity of those using the Internet. The Service Provider never asks the Customer to provide him with a password in any form.
7. It is not allowed to use the resources and functions of the Online Store in order to conduct activities by the Customer that would infringe the interest of the Service Provider or the Seller, i.e. the advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activity of the Seller; activity consisting in posting false or misleading content.
§ 3 Orders
1. The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation of the Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Online Store Website or e-mail 7 days a week, 24 hours a day.
3. The Customer may place orders in the Online Shop or via the phone in hours and days indicated on the Shop Website.
4. The Customer placing an order via the Shop Website, completes the order by selecting the Product, or the Goods and Additional Service which he is interested in and adds it to the "BASKET". The Customer after completing the entire order and indicating the method of Delivery and payment method in the BASKET, places the order using the available order form, then selecting the "Order and pay" button on the Shop Website. Each time before placing an order, the Customer is informed about the Seller's data about the total price for the selected Product and Delivery, or the Product, Additional Service (along with the method of implementation) and Delivery, as well as all additional costs that he is obliged to incur in connection with the Sale Agreement .
5. In special cases, the quantity of the Goods that the Customer purchases may be limited, which the Customer is always informed about when placing the order. In the case of goods marked as "promotion" or goods marked as "sale", the order in which the purchase is made determines the sequence of orders. The quantity of goods at promotional prices or sale prices is limited. The Seller also informs in the description of the item in the Store about the exhaustion of the package of accessories offered together with the item being sold.
6. The Customer placing an order via electronic mail, sends it to the e-mail address provided by the Service Provider on the Shop Website. In the message sent to the Service Provider, the Customer shall provide in particular: the name of the Product, color and its quantity, from the Goods presented on the Shop Website, and whether he wants to use the Additional Service and his contact details.
7. After receiving from the Customer by e-mail the message referred to in §3.7, the Service Provider sends the Customer a return message via e-mail, providing the Seller's details, the price of selected Goods and possible forms of payment and Delivery method along with its cost, and the additional service cost, if selected by the Customer, as well as information on all additional payments The Customer would be obliged to pay for the Contract of Sale. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. On the basis of information provided by the Service Provider, the Customer may place an order by sending an e-mail to the Service Provider indicating the chosen payment method and the method of Delivery. Each time before placing an order, the Customer is informed about the details of the Seller with whom the Sales Agreement will be concluded.
8. Placing an order referred to in §3.3 and §3.7, constitutes the submission by the Customer of an offer to conclude an Agreement for the sale of Goods being the subject of the order.
9. After placing the order, the Seller sends the confirmation of the order to the e-mail address provided by the Customer. Confirmation of the order is the Seller's statement about the acceptance of the offer referred to in §3.8 above and upon the receipt by the Customer a Sales Agreement is concluded.
10. A customer placing an order via telephone uses a telephone number provided by the Service Provider on the Shop Website. By placing an order over the phone, the Customer provides the Service Provider with the name of the Goods from among the Goods on the Shop Website and the quantity of the Goods he wants to order. The customer can also order an additional service. Then, after completing the entire order, the Customer determines the method and address of the Delivery and the form of payment, as well as indicates, at his or her option, his e-mail address or mailing address to confirm the order. Each time when ordering by the Customer by phone, the Customer is informed about the details of the Seller with whom the Sales Agreement will be concluded, with the total price of the selected Product or the Additional and Service (along with the method of implementation) and the total cost of the chosen method of delivery, and all additional the costs he is obliged to incur in connection with the Sale Agreement.
11. Placing an order in accordance with §3.10 occurs in real time, i.e., during a telephone call. With this moment, the Sales Agreement is concluded.
12. After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms, sending them on a Durable Medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or placing an order.
13. After the conclusion of the Sales Agreement, the Seller may contact the Customer on the given telephone number in order to examine the level of customer satisfaction with the transaction conducted in the Online Store.
14. If the total value of the Goods listed in item 28a-28c of Annex No. 11 to the Act on tax on goods and services dated 11 March 2004, (Journal of Laws No. 54, item 535), from 29 July, 2011, (Journal of Laws No. 177, item 1054), i.e .:
a) 28a ex 126.96.36.199 Portable automatic data-processing machines weighing less than or equal to 10 kg, such as: laptops and notebooks; pocket computers (e.g., computer notebooks) and the like - only portable computers, such as: tablets, notebooks, laptops;
b) 28b ex 188.8.131.52 Telephones for cellular networks or for other wireless networks - only mobile phones, including smartphones;
c) 28c ex 184.108.40.206 Video game consoles (of a kind used with a television set or a standalone screen) and other devices for arcade or gambling games with an electronic display - excluding parts and accessories;
In the framework of a single economic transaction involving the aforementioned Goods exceeds 20,000 PLN (€5000), then the purchase of the above Goods between the Seller and the Customer takes place separately and in written terms, in particular with regard to the applicable provisions and the resulting VAT reverse charge rule, if it has Application to the customer placing the order.
§ 4 Payments
1.Prices on the Shop Website placed at the given Goods are gross prices, at www.garett.pl in Euro (€) . The given prices do not include information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sale Agreement, about which the Customer will be informed. In addition, the Seller reserves the right to change the prices of goods in the Shop's assortment, to enter new products into the assortment, to carry out and cancel promotions on the Store's websites or to make changes to them. After concluding the contract with the Buyer, the Seller is bound by the price of the goods and will not change it. Choosing the method of Delivery and placing the order.
2. The Customer may choose the following payment methods for ordered Goods:
a) bank transfer;
b) by payment card or bank transfer through an external quick payment system;
c) cash on delivery;
d) in cash or by debit card on personal collection.
3. The Customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within 5 Business Days, if he chose the form of prepayment. In addition, the Seller reserves the right to demand a down payment against the sales price in the amount not exceeding 50% of the order value. Such a reservation concerns in particular:
a) non typical goods, not available in normal sales in Poland and imported to individual orders,
b) goods made to order and possessing specific properties defined in the order placed
c) orders whose total value will exceed 5,000 PLN (€1200)
The Buyer will be informed by the Seller about the need to pay a deposit in an e-mail containing a summary of the order placed. The seller in this message will inform the Buyer about the amount of the down payment and the date of its payment. By confirming the placement of the order, the buyer agrees to the principle of payment of the deposit.
If the Buyer does not meet the payment within the agreed deadline, the order shall be deemed canceled. The due date of the advance payment starts from the moment the agreement is concluded between the Parties. The buyer is exempt from the obligation to pay the deposit in the event of refusal to accept the offer by the Seller.
In the case of payment by bank transfer before sending the parcel (prepayment), the Seller has the right to withhold the shipment of the item until the amount in the amount corresponding to the sale price along with any shipping costs is recorded on his bank account.
4. If the Customer fails to make the payment within the time limit referred to in §5.3, the Seller has the right to withdraw from the Sales Agreement. After the expiry of the deadline for making the payment, the Seller will send the Customer a durable medium a statement of withdrawal from the contract pursuant to art. 492 of the Civil Code.
5. The Customer has the contractual right to withdraw from the contract in accordance with Art. 395 of the Civil Code. This right may be exercised by the Customer by submitting a statement to the Seller, in particular through the use of a dedicated link available in the order confirmation e-mail. The above contractual right of withdrawal is separate, does not affect or limit the right to withdraw from the contract within 14 days based on the Consumer Rights Act, described in §9 of the Regulations.
§ 5 Delivery
1. The Seller deliver only on the territory of the Republic of Poland. Outside the Republic of Poland, after setting the agreement between the seller and the buyer.
2. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
3. The Seller ensures the time of order processing from 1 to 14 days(up to 21 outside of Poland), unless a different delivery time is clearly indicated in the item description in the Store. In special cases, the delivery time may be longer. The Buyer will be immediately notified by telephone or e-mail about the extension of the order processing time. If it is necessary to extend the delivery time, the Buyer has the right to withdraw from the sales contract. In the case of payment by bank transfer, the above deadline is extended by the time of the transfer. The purchased items are delivered via an entity providing activity involving the delivery of parcels for a fee. The Seller is not liable for non-delivery or delay in delivery caused by an incorrect or inaccurate address provided by the Buyer.
4. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form. In the case of some Goods exceeding the weight of 30 kg, the Customer has the opportunity to purchase an additional service, i.e. bring the ordered Goods to the first room located in the Customer's premises at the address indicated in the order form, which is always informed when ordering via messages posted on the website Store's website.
5. If the post office box is selected as a delivery form, the delivery address will be the address of the parcel locker selected by the customer at the time of ordering.
6. The customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand from the Supplier's employee to draw up the proper protocol.
7. The customer has the option of personal collection of the ordered Goods. The collection can be made at the Station Store during the opening hours indicated on the Shop Website at www.garett.pl, after prior arrangement with the Seller of the pickup date by e-mail or by phone.
8. The Seller attaches to the parcel being the subject of the Delivery a VAT invoice or a receipt or sends via electronic mail to the e-mail address provided by the Customer when placing the order, a VAT invoice covering the Goods delivered. The VAT invoice is delivered by means of electronic mail in the form of an electronic file in PDF format. In order to open the file, the customer should have free software compatible with the PDF format. Seller recommends for this purpose the program Adobe Acrobat Reader, which can be downloaded free of charge at http://www.adobe.com
9. After the Delivery of the purchased Goods, the Seller, as part of the performance of the contract with the Customer, may send the Customer an email invitation to complete the survey in order to examine his opinion on the transaction. The customer is entitled but not obliged to complete it.
§5a Procedure for reporting damage to shipments.
Replacement of damaged shipments in transit
1. The Seller ensures proper security and packaging of the sold item, which allows to keep it whole and inviolability during transport, as long as the treatment of the shipment in transit corresponds to the properties of the item sold.
2. The buyer receiving the parcel delivered by the courier is obliged to examine the parcel. If he determines that during the transport there was a loss or damage to the item, he is obliged to perform all actions necessary to determine the liability of the carrier (Article 545 § 2 of the Civil Code).
3. In the case of payment on delivery, the courier has the right to stipulate that the parcel can be checked after paying the whole sale price to his hands along with any shipping costs.
4. The buyer should, if possible, examine the contents of the package (not the condition of the packaging) in the presence of the courier. If the buyer requests to check the contents of the package, the courier has no right to refuse to participate in such activity.
5. In the case of damage to the contents of the package, the Buyer has the right to request a report of damage in the presence of the courier. It is also acceptable to prepare a damage report after delivery of the shipment, on the terms set out in the relevant regulations. The damage report is not obligatory to run the procedure of reporting damage in transport, however, it will constitute for the Seller an obvious basis for free exchange of the purchased goods to be undamaged in the exchange of damaged shipments in this mode.
6. The Seller informs that signing by the Buyer receipt of the shipment without reservations and failure to prepare the damage report may mean that the shipment has been received without reservations, and the purchased goods were delivered undamaged, which does not deprive the Buyer of the possibility to submit a complaint and request a return of goods due to its damage in transit.
7. In the event that the Buyer is not a Consumer, the replacement of the damaged goods in transport will take place only on the basis of the damage report prepared on the terms specified in paragraph 5. The damage report is for the Seller an exclusive basis for the exchange of damaged goods in transit.
8. Upon the Seller's release of goods sold to the carrier, they pass to the Buyer who is not a Consumer benefits and burdens associated with the goods sold and the risk of accidental loss or damage. In this case, the Seller shall not be liable for any loss, damage or loss of goods resulting from the release of the goods to the carrier, subject to paragraph. 7.
9. In the event that the goods are returned to the Seller due to:
a) providing by the Buyer incorrect address data;
b) failure to collect the parcel by the Buyer within the deadline set by the courier;
c) other reasons attributable to the Buyer,
d) The seller has the right to charge the buyer with the actual costs of handling the return transport of the purchased item to the seller. In the case mentioned above, the cost of another delivery of the purchased goods shall in each case be paid by the Buyer.
§ 6 Warranty
1. The Seller provides the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty). In the case of used and defective goods (eg from the exhibition or return), the Seller always informs the Customer in particular about any visible traces of use. Having the above in mind, each Product, both new, used and originating from the exhibition or return, presented by the Seller is appropriately described.
2. If the Product has a defect, the Customer may:
a) submit a statement of price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect.
This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Goods with a product free from defects or to remove defects. Instead of the defect proposed by the Seller, the Customer may request replacement of the Product free of defects, or instead of replacing the Product, demand removal of the defect unless it is impossible to bring things into conformity in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect is taken into account, and the inconvenience to which the Customer would otherwise expose himself is taken into account.
b) demand replacement of defective product with one free of defects or removal of defect. The seller is obliged to replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the customer.
The Seller may refuse to satisfy the Customer's request if it is impossible to bring the Defective Goods into compliance with the Agreement in the manner chosen by the Customer or if it would require excessive costs compared with the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be paid by the Seller.
3. In the case of the Customer being a Consumer, the complaint costs shall be paid by the Seller, in particular the cost of delivering the claimed Goods to the Seller and sending it back to the Customer by the Seller.
4. Any complaints related to the Products or performance of the Contract of Sale may be submitted by the Customer in any form. We prefer a written form, where the complaint letter can be sent to the address of the Seller, as well as in electronic form.
5. The Seller within 14 days from the date of the request containing the complaint, will address the complaint of the Goods or complaints related to the implementation of the Purchase Agreement notified by the Customer.
The Customer has the option of sending photographic documentation of the claimed Goods to the Seller's e-mail address, based on which the Seller may consider the complaint within 14 (fourteen) days from the date of the request containing the complaint.
6. The Customer may submit a complaint to the Service Provider in connection with the use of free services provided electronically by the Service Provider. The complaint may be submitted in electronic form and sent to the following address: email@example.com. In the complaint, the Customer should include a description of the problem. The Service Provider shall promptly, but no later than within 14 days, consider complaints and give the Customer a reply.
7. The Client being a Consumer may use the out-of-court resolution of consumer disputes. The Voivodship Inspectorate of the Trade Inspection in Kielce is the authorized entity appropriate for the Service Provider.
§ 7 Warranty
1. Goods sold by the Seller may be covered by a guarantee granted by the producer of the Good or the distributor.
2. In the case of Goods covered by the guarantee, information regarding the existence and content of the guarantee is presented on the Shop Website.
§ 8 Withdrawal from the Sales Agreement
1. A Customer who is a Consumer who concluded a Sale Agreement may withdraw from it without giving reasons within 14 days.
2. The period of withdrawal from the Contract of Sale shall begin for the Contract of Sale in which the entrepreneur issues the Goods - from the taking over of the Good by the Consumer or a third party designated by the Consumer other than the carrier, and if the Contract of sale includes many Goods that are delivered separately, in lots or in parts - from taking possession of the last Good, party or part, for other contracts - from the date of their conclusion.
The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. To meet the deadline, it is enough to send a statement before its expiry, e.g. to the following address: firstname.lastname@example.org
The Consumer may withdraw from the Sales Agreement by submitting to the Seller a statement on the withdrawal via the form available on the website at the address: email@example.com. To comply with the deadline, it is enough to send a statement before its expiry. The Seller shall promptly confirm to the Consumer receipt of the form submitted via the website.
3. In the event of withdrawal from the Sales Agreement, it is considered void.
4. If the Consumer submitted a statement on withdrawal from the Contract of Sale before the Seller accepted his offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract of Sale, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or delivery of proof of the Goods return, depending on which event occurs first.
6. If the Consumer using the right of withdrawal has chosen the method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
7. The Consumer is obliged to return the products to the Seller immediately, but not later than within 14 days from the date on which he resigned from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline expires.
8. In the event of withdrawal, the Customer who is a Consumer bears only the direct cost of returning the Product.
9. If, due to its nature, the Product can not be returned by normal Post, the Seller informs the Consumer about the cost of returning items to the warehouse.
10. The Consumer shall be liable for the decrease in the value of the Product 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.
11. The Seller shall refund the payment using the same method of payment, which the Consumer used unless the Consumer has expressly agreed to a different method of return, which does not entail any costs for him.
12. The right to withdraw from the Sales Agreement shall not be granted to the Customer who is a Consumer in relation to contracts in which the Good is a non-prefabricated product, manufactured according to the Consumer's specification or serving to satisfy his individual needs.
13. The right to withdraw from the Sales Agreement is not payable to the Customer who is a Consumer in relation to contracts in which the Goods are delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery .
14. The right to withdraw from the Sales Agreement is not payable to the Customer who is a Consumer in relation to contracts in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery.
15. The right to withdraw from the Sales Agreement is not payable to a Customer who is a Consumer in relation to contracts for the provision of additional service, if the Seller has fully performed the service with the express consent of the Customer being a Consumer who has been informed that after fulfilling the service by the Seller will lose the right to withdraw from the contract .
§ 9 Unpaid services
1. The Service Provider provides free electronic services to Clients:
a) Contact form;
2. The services indicated in §9.1 above are provided 7 days a week, 24 hours a day
3. The Service Provider reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned above, which will inform Clients in a manner appropriate to the change in the Regulations.
4. The Contact Form service consists in sending a message to the Service Provider via the form placed on the Shop Website.
5. Resignation from the unpaid service The contact form is possible at any time and consists in ceasing to send inquiries to the Service Provider.
6. The Newsletter service is available to every Customer who enters his or her e-mail address using a form provided by the Service Provider on the Shop Website. After sending the completed form, the Customer will receive, without delay, by e-mail to the e-mail address provided in the form sent confirmation by the Service Provider. At that moment, an agreement for the provision of the Newsletter service by electronic means is concluded.
7. Newsletter service consists in sending by the Service Provider, to the email address, an electronic message containing information about new services or products. The Newsletter is sent by the Service Provider to all Clients who have subscribed.
8. Each Newsletter addressed to the Clients concerned contains, in particular: information about the sender, a completed "subject" field, specifying the content of the shipment and information about the possibility and method of withdrawal from the free Newsletter service.
9. The Customer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each e-mail sent as part of the Newsletter service.
10. The Customer Account Service is available after registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel within the Online Store Website, enabling the Customer to modify the data he provided during the Registration, as well as tracking the order status and orders history already completed .
11. The Customer who has registered may submit a request to delete the Customer's Service Account, however, if the Customer requests to remove the Customer Account, it may be deleted up to 14 (fourteen) days from the request.
12. The Opinion Service consists in allowing the Service Provider, Customers having a Customer Account publication on the Shop Website, individual and subjective statements of the Customer regarding in particular the Goods.
13. Cancellation of the service Posting opinions is possible at any time and consists in ceasing to post content by the customer on the Shop Website.
14. The Service Provider is entitled to block access to the Customer Account and free services, in the event of the Customer acting to the detriment of the Service Provider, the Sellers, ie running the advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activity of the Service Provider or the Sellers; activity consisting in posting untrue or misleading content, as well as in the case of actions by the customer to the detriment of other customers, breach of the law or provisions of the Regulations by the customer, and when blocking access to the Customer Account and free services is justified by security reasons - in in particular: the Customer breaking the security of the Store Website or other hacking activities. Blocking access to the Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Service Provider informs the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 10 Responsibility of the Client in the scope of content posted by him
1. By posting content and making it available, the Customer makes voluntary distribution of content. The published content does not express the views of the Service Provider and should not be equated with its activities. The service provider is not a content provider but only an entity that provides adequate IT resources for this purpose.
2. The customer declares that:
a) is entitled to use proprietary copyrights, industrial property rights and / or related rights to - respectively - works, industrial property rights objects (eg trademarks) and / or related rights subjects that make up the content;
b) placing and providing access to personal data, image and information related to third parties within the services referred to in § 10 of the terms and conditions, in a legal, voluntary manner and with the consent of the persons concerned;
c) consents to the access to published content by other Customers, Service Provider and Sellers, as well as authorizes the Service Provider to use them free of charge in accordance with the provisions of these Regulations;
d) consents to the development of works within the meaning of the Copyright and Related Rights Act.
3. The customer is not entitled to:
a) posting, as part of using the services referred to in §9 of the terms and conditions, personal data of third parties and disseminating the image of third parties without the required legal permission or consent of a third party;
b) posting, as part of using the services referred to in §9 of the terms and conditions, advertising and / or promotional content.
4. The Service Provider is responsible for the content posted by the Customers, provided that they receive notification in accordance with §11 of the terms and conditions.
5. It is forbidden for Clients to post, within the framework of using the services referred to in §9 of the terms and conditions, content that could, in particular:
a) be placed in bad faith, eg with the intention of violating personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations;
c) be offensive or threatened to other people, contain vocabulary that violates good manners (eg by using profanity or terms commonly considered offensive);
d) contradict the interest of the Service Provider or Sellers, i.e. content constituting advertising materials of another entrepreneur or product; content not related to the activity of the Service Provider or Sellers; false or misleading content;
e) otherwise violate the provisions of the terms and conditions, good customs, provisions of applicable law, social or moral norms.
6. If a notification is received in accordance with § 11 of the terms and conditions, the Service Provider reserves the right to modify or delete content posted by Customers as part of their use of the services referred to in §9 of the terms and conditions, in particular with regard to content on which , based on the allegations of third parties or relevant authorities, it was found that they may constitute a breach of these Regulations or applicable law. The Service Provider does not keep current content checked.
7. The Customer grants to the Service Provider a non-exclusive license, unlimited in time and territorially for the use of content posted by the Customer in the Online Store, in particular the publication of content on the Shop Website. The Customer grants the Service Provider the license referred to in the previous sentence in the following fields of use:
a) publicly available in such a way that everyone can have access to them in a place and time chosen by them (including sharing on the Internet) as well as public display;
b) as regards the preservation and reproduction - recording and reproduction in the computer's memory as well as the production of a specific copy technique, including printing, reprographic, magnetic recording and digital technique,
§ 11 Reporting a threat or violation
1. If the Customer or other person or entity finds that the content published on the Shop Website violates their rights, personal rights, good manners, feelings, morals, beliefs, principles of fair competition, know-how, secrecy protected by law or on basis of the obligation, may notify the Service Provider of a potential breach.
2. The Service Provider notified about a potential violation, takes immediate action to remove the content causing the violation from the Store Website.
§ 12 Data Protection
1. The administrator of the Customer's personal data is the Service Provider (known as "PP"). Contact with the Administrator, The client may obtain information by letter (ul. Klonowa 51, 35, 25-553 Kielce, Poland), e-mail (firstname.lastname@example.org) or telephone (+48 799 881 220).
2. The administrator declares that he has implemented and applies the principles of personal data processing as set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (Dz.UEL2016.119.1, general regulation on data protection).
3. Mr Arkadiusz Zadroga is the Inspector of Personal Data Protection. Contact with the Inspector The client may obtain information by letter at ul. Klonowa 51 lok. 35, 25-553 Kielce Poland, e-mail address email@example.com or phone +48737820098.
4. Personal data of each client separately are processed on the basis of art. 6 par. 1 lit. a), b), c) and f) RODO in order to perform the PP contract concluded by the Client regarding the sale of goods or services offered by PP, as well as fulfil legal obligations binding on PP, verification of payment credibility, pursuing claims, handling complaints, marketing direct products and services covered by the PP's trade offer, including to match the commercial offer and promotional activities to the client's needs, as well as to create statements, analyses and statistics, financial settlements, including issuing accounting documents.
5. The following categories of customer's personal data are processed:
a) name and surname,
b) phone number,
d) e-mail address,
e) IP address,
6. The Customer's personal data is stored for a period of 5 years from their receipt in accordance with the provisions of the Act of 29.09.1994 on accounting (Journal of Laws of 2018, item 395).
7. PP may provide the Customer's personal data to the following categories of entities:
a) subcontractors, ie entities with which PP realizes its own obligations, such as carriers, payment system operators or companies servicing complaints,
b) producers of goods covered by the PP's commercial offer,
c) other entities from whom PP acquires the goods they offer,
d) entities providing marketing and training services,
e) owners of IT platforms in which customer's personal data are stored,
f) public authorities, if required by applicable law.
8. The customer has the right to:
a) request access to your personal data;
b) request removal of your personal data;
c) demand to limit the processing of your personal data;
d) make a request to cease the processing of your personal data;
e) rectification of their personal data;
f) transfer of your data;
(g) the right to withdraw consent at any time without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
h) raise objections to the supervisory body when it considers that the processing of personal data pertaining to it infringes provisions on the protection of personal data.
9. The Customer's personal data is not and will not be transferred outside the European Economic Area.
10. The Customer's personal data is not subject to automated decision making, including profiling.
11. Voluntary provision by the Customer of his personal data in the order form is the proper performance of the contract for the sale of goods or services offered by PP. For this reason, failure to provide data by the client will be inconsistent with the assumptions of this contract.
§ 13 Termination of the contract (not applicable to Contracts of sale)
1. Both the Customer and the Service Provider may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above-mentioned. contract and provisions below.
2. The Customer who has made the Registration terminates the contract for the provision of electronic services by sending to the Service Provider an appropriate declaration of intent, using any means of remote communication, enabling the Service Provider to read the Customer's declaration of intent.
3. The Service Provider shall terminate the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during the Registration.
§ 14 Final provisions
1. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Seller shall be liable only in case of deliberate damage and within the limits of actual losses by the Client being the Entrepreneur.
2. The Service Provider shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Service Provider shall be liable only in case of deliberate damage and within the limits of actually incurred losses by the Client being the Entrepreneur.
3. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store's Website.
4. In the event of a dispute arising out of the concluded Sales Agreement or the Contract for the provision of services by electronic means, the parties shall endeavour to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
5. The Customer who is a Consumer has the option of using out-of-court means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or on the websites of entities authorized to deal with disputes out of court. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php. At http://ec.europa.eu/consumers/odr/, an online platform for settling disputes between consumers and businesses at EU level (ODR platform) is available.
6. The Service Provider reserves the right to change these Regulations. All contracts for the provision of electronic services concluded before the effective date of the new Regulations are implemented on the basis of the Regulations, which was in force on the date of the contract for the provision of electronic services. The amendment to the Regulations comes into force within 7 days of publishing on the Shop Website. The Service Provider will inform the Customer 7 days before the entry into force of the new Regulations on amendments to the Regulations by means of messages sent electronically. If the Customer does not accept the new content of the Regulations, he / she is obliged to notify the Service Provider of this fact, which results in termination of the contract in accordance with the provisions of §15.
7. Agreements with the Seller and the Service Provider are concluded in Polish or English.
8. The Regulations shall enter into force on 25/05/2018, with the reservation that for Customers who have concluded a contract before 25/05/2018.