Regulations of the Cork-System online store
§1 Basic definitions
§2 General provisions
§3 Terms and Conditions of providing services
§4 Terms and Conditions
§5 Order completion
§7 Payment methods
§10 Complaint procedure
§12 Out-of-court means of handling complaints and pursuing claims
§13 Provisions concerning entrepreneurs
§14 Final provisions
Dear Customer, these Regulations regulate the way of concluding sales agreements through the above-mentioned website, the rules of execution of these agreements, including delivery, rights and obligations under applicable law, as well as the mode of withdrawal from the agreement and complaint procedure. The Regulations consist of four main parts:
a. in § 1 to 3 - there are general regulations of these Regulations;
b. in § from 4 to 7 - the process of acquiring the Goods/Services is described;
c. in § 8 to 12 - there are regulations related to the determination of defects in the Goods/Services, as well as the right to withdraw from the contract;
d. § 13 to 14 - contains all other regulations.
§1 Basic definitions
1. Online Store - available at the Internet address cork-system.pl, is run by Cork-System Sp z o.o.
2. Seller - Cork-System sp z o.o. Dojazdowa 9, 43-100 Tychy, NIP:6462990796, REGON:389774237, entered in the register of entrepreneurs kept by the District Court Katowice-East in Katowice, VIII Economic Department of the National Court Register - KRS:0000918486. The consumer purchases goods/services from the entrepreneur whose details are indicated in the contact tab (contact tab).
3. Address of the Seller - Dojazdowa 9, 43-100 Tychy. Whenever the Regulations refer to the address of the Seller, it shall be understood as the following:
a) Registered office (contact tab)
b) E-mail address (contact tab).
4. Customer - a natural person with full legal capacity, and in cases provided by generally applicable laws also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude a sales contract.
5. Consumer - Article 221 of the Civil Code: a natural person making a legal transaction with the Seller that is not directly related to his/her economic or professional activity.
6. Contract of sale - a contract of sale of a Product placed on the website of the aforementioned Online Store concluded or entered into between the Customer and the Seller through the Online Store.
7. Merchandise - a Product, a movable thing that the Customer purchases through the Online Store.
8. Order - the Customer's declaration of intent, submitted via the Online Store, specifying: the type and quantity of Goods in the Online Store's assortment at the time of placing the Order, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer's data.
9. Order form - an electronic service, a form on an electronic medium available in the Online Store, enabling the placement and execution of an Order, including by means of adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
10. Order processing time - the time in which an order placed by a Customer of the Online Store will be completed, packed, sealed by the Seller and transferred for delivery by the form of delivery chosen by the Customer.
11. Business day - one day from Monday to Friday excluding public holidays.
12. Price reductions - possible discounts, PROMOTIONS and price reductions can be checked on the chart next to the displayed product price. The price history can be viewed for 30 days back. The record of prices is verifiable and automatic.
13. Pricing - the prices of products in the e-store are fixed at a given time and are not affected by any pricing algorithms regardless of how the customer arrives at the site, what browsers they use. Neither does gender, age, etc. matter
14. the Law on Consumer Rights, the Law - the Law of May 30, 2014 on Consumer Rights (Journal of Laws of 2014 item 827 as amended).
§2 General provisions
2. The Seller declares that the Goods/Service is in accordance with the contract, in aspects such as description, type, quantitý, qualitý, completenesś and functionalitý, and with respect to goods with digital elements - alsȯ compatibilitý, interoperabilitý and availabilitý of updates; but also suitabilitý for the specific purpose for which it is needed by the consumer, which the consumer notified the trader̨ at the latest at the time of the conclusion of the contract and which the trader accepted. In addition, the goods to be considered in accordance with the contract.
3. The vendor declares that as of May 28, due to the entry into force throughout Europe of a legal regulation (with the transposition of Directive (EU) 2019/2161 into national law) on reviews: traders who provide reviews must indicate whether and how it is ensured that published reviews come from consumers who have used or purchased the product. Measures taken for this purpose must be specifically mentioned.
4. We declare that the reviews posted on our site are from actual customers who have purchased and used our products. The reviews have been issued according to the request sent to us after confirming that the goods have reached the customer. We anticipate the possibility of importing reviews posted on Google in the business cards section of our company reviews can also come from the Allegro portal. We promise to complete all formalities and efforts to ensure that the opinions are real and correspond to the truth and those issued improperly were removed.
5. Mandatory legal basis for the above regulations:
a) Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council with regard to better enforcement and modernization of EU consumer protection legislation, OJ L 328, 18.12.2019, pp. 7-28.
b) Falsification of online opinions - consumers' experiences, based on a survey by PBS Sp. z o.o. on behalf of the OCCP, publication available at https://uokik.gov.pl/aktualnosci.php?news_id=17411
c) Directive 2005/29/EC of the European Parliament and of the Council of May 11, 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No. 2006/2004 of the European Parliament and of the Council ("Unfair Commercial Practices Directive") (OJ L 149, 11.6.2005, p. 22-39, as amended).
d) Commission Notice - Guidelines on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 1-129.
e) Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64-88, as amended).
6. When placing orders in the Store, the Customer has the opportunity to read the Regulations, accepting their content by marking the appropriate box in the form. Acceptance of the Terms and Conditions is necessary to complete the order. Please be informed that the conclusion of the Sales Agreement via the Internet and acceptance of the Rules entails the obligation to pay for the ordered Goods.
7. The data controller shall apply appropriate technical and organizational measures to ensure the protection of personal data in accordance with the risks and categories of data under protection. First of all, it protects the data from being accessed, taken, processed, lost, altered, damaged or destroyed by unauthorized persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instructions).
8. The data Administrator of your personal data can be found on the "contact" tab located on the website.
9. Any person whose data is processed has the right to:
- to supervise and control the processing of personal data for which the vendor maintains a data file of customers of the aforementioned store;
- obtain comprehensive information on whether such a file exists and is maintained by the vendor;
- to determine who is the controller of the data, to determine his address, registered office, name, in a situation where the controller is an individual to determine his name and surname and place of residence;
- to obtain information about the purpose, scope, manner, time of processing of the data contained in such filing system;
- to obtain information in a commonly understood form of the content of such data;
- to know the source from which the data to which it pertains originated, unless the data controller is obliged to keep classified information or professional secrecy in this regard;
- to request that personal data be supplemented, updated, rectified, temporarily suspended or deleted if it is incomplete, outdated, untrue or has been collected in violation of the law or is no longer necessary for the purpose for which it was collected.
10. The customer, in accordance with Section 8, has the right to inspect the contents of the processed personal data, to correct them, as well as to request the deletion of such data. The controller of personal data is obliged, to supplement, update, correct the data, temporarily or permanently suspend the processing or delete them from the collection on an ongoing basis and immediately after the request, unless the request concerns personal data, as to which the procedure for supplementing, updating or correcting them is determined by separate provisions of law including the Act. (11) 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.
12. The Client may agree to receive advertising and commercial information from the Seller electronically by subscribing to the NEWSLETTER.
13. The Customer using the Seller's Services implemented through the Online Store is obliged to comply with these Terms and Conditions to the extent that is necessary to implement the order placed and is not contrary to applicable law and the principles of social coexistence.
14. 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.
15. The Seller shall execute orders on the territory of Poland and orders placed by consumers in Europe, and by prior arrangement of delivery terms also in other countries.
16. All Goods on sale of the Online Store have been legally introduced into the Polish market and in accordance with the law. Information concerning the Goods located on the website of the Online Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of April 23, 1964 of the Civil Code.
17. All prices of Products / Goods / Services given on the website of the Online Store are given in Polish currency (Polish Zloty) and Euro(€), are gross prices including VAT, customs duties and other components imposed by law.
NOTE: The prices of the Goods given on the website of the Online Store do not include delivery costs, they are added only at the stage of selection by the Client of the method of delivery of the ordered Goods.
19. A sole trader, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment of taking possession of the Goods by the Customer or a third party designated by him other than the carrier.
20. As a reminder. In connection with the new provisions of the Civil Code, the legislature has also planned to add Article 38a to the Law on Consumer Rights, which will allow one-person businesses to exercise the 14-day right of return - which reads as follows: , "Art. 38a The consumer provisions of this chapter shall apply to an individual who enters into a contract directly related to his business activity, when it is apparent from the content of the contract that it does not have a professional character for that person, arising in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity."
21. Article 556(4) The provisions contained in this Section concerning the consumer, with the exception of the second sentence of Article 558(1), shall apply to an individual who enters into a contract directly related to his business activity, when it is evident from the content of the contract that it does not have a professional character for that person, arising in particular from the subject matter of his business activity made available on the basis of the provisions on the Central Register and Information on Business Activity.
22. Verification of whether an activity has a professional character will be based on CEiDG - the Central Register and Information on Business Activity - and specifically on the PKD codes entered there, which define types of business activity.
23. Sole proprietors will be granted authority over:
a) prohibited clauses used in contract templates;
b) warranty for defects in goods sold;
c) recourse claim to the previous seller in connection with the performance of the consumer's complaint;
d) the right to withdraw from a contract concluded at a distance or off-premises within 14 days;
24. The consumer provisions of Articles 385(1)-385(3) of the Civil Code. [concerning prohibited contractual terms] shall apply to an individual who enters into a contract directly related to his business activity, when it is apparent from the content of the contract that it does not have a professional character for him, arising in particular from the subject matter of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
25. The new Article 385(5) of the Civil Code applies only to prohibited contractual provisions (abusive clauses). Provisions on abusive clauses will be applied to sole proprietors after January 1, 2021. A catalog of examples of twenty-three abusive clauses is contained in Article 385(3) of the Civil Code. In turn, the current version of the register of abusive clauses maintained by the President of the OCCP.
26. The new regulations will apply to contracts concluded after January 21, 2021. The provisions of Articles 385, 556, 556 and 576 of the Law amended by Article 1 shall not apply to contracts concluded before January 1, 2021. The provision of Article 38a of the Law amended in Article 55 shall not apply to contracts concluded before January 1, 2021.
27. Sole proprietors will still not be able to use the assistance of institutions that support consumers in protecting their rights, including County/Municipal Consumer Ombudsmen or the OCCP.
§3 Terms of service
1. This Online Store provides services by electronic means, the condition for entering into a contract is primarily to fill out an online order form to conclude a sales contract. Accession to the conclusion of the contract is voluntary.
2. The contract for the provision of services is concluded by electronic means in the form of enabling the completion of an order form to the Customer of the Online Store, the contract is concluded for a definite period of time when the Customer accedes to the completion of the form and is terminated when the completed form is withdrawn or when the completed form is sent to the Seller. The process of filling out the order form is organized in such a way that each Customer has the opportunity to review it before deciding to conclude a contract or to amend the contract.
3. The service specified in item. 1 is provided free of charge, but may require access to the Internet.
4. An order by electronic means may be placed 24 hours a day, 7 days a week.
5. The customer, when finalizing the purchase in the appropriate order window, shall mark the option "I agree to the processing by the store of my personal data contained in the order form for the purpose and to the extent necessary for the execution of the order." - it is necessary to conclude the contract. Your provision of personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the conclusion of the contract.
6. Pursuant to Article 8(2) of the RODO, the controller shall, taking into account available technology, make reasonable efforts to verify that the person with parental authority or custody of the child (under 16 years of age) has consented or approved.
7. The Customer's costs for Internet access and data transmission shall be borne solely by the Customer in accordance with the tariff of its provider with whom the Customer has signed an Internet service contract.
§4 Terms and Conditions
1. In order to conclude a valid and binding contract of sale between the parties, the Client shall make a selection in accordance with the displayed offer of the Online Store, specifying the quantity of Goods he intends to purchase and, if possible, indicating the characteristics of the ordered Product and its specification, respectively. Together with the selection of the Goods, the Customer fills out an online order form, indicating in it the data necessary for the Seller to execute the order such as, for example, quantities, place of delivery and forms of payment, based on the messages displayed to the Customer and the information available on the website and contained in these Terms and Conditions.
2. Orders may be placed as follows:
a) through the form available on the Store's website (customer basket),
b) by e-mail to the address available on the Store's website,
c) by telephone at the telephone number available on the Store's website.
3. A prerequisite for the processing of an order is that the Customer/Entrepreneur provides data allowing verification of the Customer/Entrepreneur and the recipient of the goods. The Store confirms acceptance of the order by sending a message describing the subject of the order to the e-mail address provided during order placement. If the Customer/Entrepreneur provides incomplete, erroneous, contradictory information when placing an order, the Store will contact the Customer/Entrepreneur to remove the errors.
4. Registration of a Customer Account in the Online Store is voluntary and free of charge.
5. If the Seller makes available the possibility of ordering Goods, the characteristics of which consist in the fact that they are made to the individual order of the Customer, the Customer sends, together with the online order form, the content necessary to make the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements contained in the description of the Goods, or selects the appropriate specification of the Goods from the variants of available options for the configuration of the Goods given by the Seller.
6. Immediately upon receipt of the order, the Seller sends to the Client via e-mail to the e-mail address provided during the order placement process a statement of acceptance of the order, which at the same time constitutes its confirmation. Upon receipt of the message by the Customer, the contract of sale is concluded.
7. The message summarizing and confirming the order shall contain all previously agreed upon terms and conditions of the contract of sale, in particular the quantity and type of ordered Goods, their specification in case of ordering Goods with individual characteristics specified by the Customer of the Online Store, the total price to be paid (specified in Polish zloty) together with delivery costs and the amount of discounts granted (if applicable).
8. If the Customer has more than one discount from several sources/promotions, they are subject to combining/summing only if expressly stated in the Terms and Conditions of the promotion. In the absence of a provision on how to combine different promotions/rebates, only one rebate (one promotion) may be selected for a given purchase.
§5 Order processing
1. The Seller shall reliably fulfill the Customer's orders in the order of their receipt - each order is a priority for us and very important!
2. The lead time for a single Customer is from 1 to 10 working days counting from the day the Customer sends the Order. In the case of products marked with 'on demand' availability, the delivery time is specified on the product page. Order processing time consists primarily of order preparation time (completing and packing the order, releasing the parcel to the courier and, in selected cases, making the Goods). The delivery time of the order depends on the selected method of delivery, it may vary depending on the type of mode of transport indicated by the Customer.
3. In the event of exceptional circumstances or the impossibility of realization of the order in the time indicated in item. 2 date, the Seller shall immediately contact the Customer to determine the further course of action, including the establishment of another date for the execution of the order, change of the method of delivery.
1. Delivery of the Goods shall be made through a courier service operator or in any other manner accepted by the parties not involving excessive and unreasonable costs on the part of the Seller and the Client.
2. Ordered Goods are delivered at the choice of the Customer either directly to the Customer's address indicated in 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 provided during the execution of the order.
3. Goods are always packed in a manner consistent with its properties, so that they are not damaged, lost or destroyed during transport.
4. The customer is kept informed of the cost of delivery, they are given during the filling of the online order form by the customer. The amount of shipping costs depends on the country to which the order is sent, the number of ordered goods their weight and the method of shipment.
§7 Payment methods
1. The Seller allows payment for the ordered Goods in the form of prepayment to a bank account - PL13 2490 0005 0000 4530 6006 0696 Alior Bank S.A,
2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online banking transfer via PayPal, Przelewy24 online payment service.
3. Cash on delivery of the ordered Goods (cash on delivery) - the Customer pays the courier collecting the ordered Goods delivered via a courier company to the address specified by the Customer in the order.
4. Cash or card upon receipt of the ordered Goods (personal collection) - the Customer makes payment at the premises picking up the ordered Goods.
5. The Seller shall document the sale of the Goods in accordance with the Customer's request.
1. Delivery of Goods under the fulfillment of the warranty for defects shall be at the expense of the Seller.
2. NOTE: The claim for removal of defects or replacement after January 1, 2023 shall be subject to the general limitation periods for claims, i.e. : "Article 118 of the Civil Code Unless a special provision provides otherwise, the statute of limitations is six years, and for claims for periodic benefits and claims related to the conduct of business - three years. However, the end of the limitation period is the last day of the calendar year, unless the limitation period is less than two years."."
3. The Seller shall be liable under the warranty if the defect is discovered before the expiration of two years from the date of delivery of the Goods to the Consumer. As of January 1, 2023, the minimum time limit for a claim of non-conformity of goods with the contract will be 2 years. This time limit applies to all goods - new and used. The Seller is liable to the Consumer if the Consumer Goods at the time of issue were inconsistent with the contract, have physical, legal defects. The Seller shall be liable for the inconsistency of the Consumer Goods with the contract if it is found before the expiration of two years from the issuance of such Goods to the Buyer, with the time limit running anew in the event of replacement of the Goods. A physical defect consists in the incompatibility of the sold thing with the contract. In particular, the sold thing is inconsistent with the contract if:
a) it does not have the properties that a thing of this kind should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
b) it does not have the properties, the existence of which the Seller assured the Buyer, including by presenting a sample or model;
c) is not suitable for the purpose about which the Buyer informed the Seller at the conclusion of the contract, and the Seller has not raised any objection to such purpose;
d) has been delivered to the Buyer in an incomplete condition.
e) The presumption of non-conformity of the goods with the contract is 2 years.
4. Notification of defects in the Goods should be sent electronically to the Seller's e-mail address or in writing to the Seller's postal address (see §1 item 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 can be sent, for example, on the form attached hereto as Appendix No. 2, which is only to facilitate the complaint process, it is not any requirement to use the above-mentioned template for the effectiveness of the complaint.
5. If it is necessary for proper assessment of physical defects of the Goods, at the request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office (see §1 item 3.: "Seller's address") whenever the properties of the Product allow it.
6. The Seller shall respond immediately to the Consumer's notification, but no later than within 14 calendar days from the date of its receipt. Failure to consider the complaint within the specified period is equivalent to its acceptance by the Seller and recognition as legitimate.
7. In the case of the first complaint, the customer may rely on the repair of goods or replacement. Only if the trader refuses to remove the defect or replace it, the consumer will be given the right to withdraw from the contract. For electronic goods, the consumer will also be able to demand the removal of defects in digital services And if the removal of the defect or replacement is unsuccessful, he can demand a price reduction or withdraw from the contract.
8. The seller shall cover the costs of collection of the Goods, delivery, removal of defects or defects and replacement of the Goods with new ones.
1. In accordance with the provisions of the law, the Customer who is a Consumer in accordance with Article 27 of the Act of May 30, 2014. (Journal of Laws of 2014, item 827, as amended) on the rights of the Consumer, has the right to withdraw from a contract concluded remotely without giving any reason.
2. In accordance with Article 38 para. 13 of the Consumer Rights Act - " for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right to withdraw from the contract." - in such a situation, the right of withdrawal does not apply.
3. The right to withdraw from the contract shall be granted within 14 calendar days from the moment the Goods are taken into possession by the Customer who is also a Consumer or a third party designated by him other than the carrier.
4. When the Customer who is a Consumer withdraws from the contract, the contract is considered not concluded, and the Consumer is then released from all obligations. What the parties have rendered to each other is subject to return in an unaltered state, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within fourteen days.
5. A Customer who is a Consumer may withdraw from the contract by making a statement on the online form attached hereto as Appendix No. 1, sending it electronically or to the postal address of the Seller at the choice of the Customer. Appendix No. 1 is only an aid to withdraw from the contract, it is not a necessary template for exercising the right to withdraw from the contract. The Customer may but need not use it. For effective withdrawal it is sufficient to send a statement in writing to the address of the Seller.
6. To meet the deadline specified in sec. 2 is sufficient to send the Customer's statement of withdrawal before its expiration.
7. The Seller shall promptly acknowledge receipt of the Client's statement of withdrawal from the contract and inform the Client accordingly about further proceedings, including the manner of returning the Goods and, if there are any questions, provide answers to them.
8. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract, return to the Customer all payments received from the Customer, including the cost of delivery of the goods. The Seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refunding the payment, which does not involve any costs for the Customer.
9. If the Seller, after obtaining consent from the Customer, did not undertake to collect the Goods from the Customer himself, the Seller may withhold reimbursement of the payments received, including the cost of delivering the item until he receives the Goods back or the Customer provides proof/confirmation of their return, whichever event occurs first.
10. The Customer is obliged to return the Goods to the Seller or give them to a person authorized by the Seller immediately, but no later than within 14 calendar days, from the date on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before its expiration.
11. The Customer who is a Consumer shall bear only the direct costs of returning the Goods.
12. The Consumer, shall have the right to withdraw from the contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 of the Consumer Law.
13. The goods shall be delivered to the Seller's Address (see §1 item 3.: "Seller's Address").
14. The Consumer shall be liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and inspect the Goods, but only in the way he could do so in a stationary store (that is, to check their completeness and technical parameters). This is because the consumer cannot normally use the item otherwise, by withdrawing from the contract, he may be charged with additional costs due to the reduction in its value.
15. The right to withdraw from the contract shall not be granted to the Customer with respect to the contracts specified in Article 38 of the Law of May 30, 2014 on Consumer Rights, among others, in the situation:
a) for the provision of services, if the entrepreneur has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that after the performance by the entrepreneur will lose the right to withdraw from the contract;
b) in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal from the contract;
c) in which the subject of the performance is a non-refabricated thing, produced according to the specifications of the Consumer or serving to meet his individualized needs;
d) in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
e) in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
f) in which the subject of performance are things that after delivery, due to their nature become inseparable from other things.
§10 Complaint procedure
1. For proper submission of a complaint, the Customer should provide his/her data such as: name and surname or company name, address of residence or registered address of the company and e-mail address, the subject of the complaint, if possible the order number with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of a complaint (description of what it consists of) or what features the ordered Goods do not have, and according to the Seller's assurances or according to the way it was presented to the Customer it was supposed to have.
2. If the Customer is a Consumer, in the case of the first complaint, the Customer can count on the repair of goods or replacement. Only if the trader refuses to remove the defect or replace it, the consumer will be given the right to withdraw from the contract. For electronic goods, the consumer will also be able to request the removal of defects in digital services And if the removal of defects or replacement will be ineffective, he can demand a price reduction or withdraw from the contract, If bringing the item to conformity with the contract in the manner chosen by the customer is impossible or would require excessive costs compared with the manner proposed by the seller. In assessing the excessiveness of the costs, the value of the defect-free item, the type and significance of the defect found shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.
3. If separate provisions do not 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 a complaint within the time limit referred to above, it is considered that he has acknowledged the complaint. The entrepreneur shall provide the consumer with a response to the complaint on paper or other durable medium (e.g., a USB flash drive or CD/DVD, responding to the complaint)."
4. If the claim is not resolved within the stipulated period, it shall be considered accepted by the Seller. A claim for withdrawal from the contract, if not considered within the time limit, is not equivalent to recognition of the complaint made
1. By posting possible content and making it available, the Customer voluntarily distributes it. The vendor is not a content provider and does not identify with the content in any way, it is only an entity that provides ICT resources. The Client declares that:
a) it is entitled to use and provide access to the content posted by it author's property rights, industrial property rights or related rights;
b) the posting and making available as part of the services, personal data, image, information concerning persons other than the Customer was done in a lawful manner, voluntarily and with the consent of the owners of the content concerned;
c) accepts the viewing of his published information, data, images and other content by the other Customer and the Seller, allows the Seller to use them free of charge;
d) agrees to develop, modify and interpret the works within the meaning of the Law on Copyright and Related Rights.
2. The Customer shall not be entitled to:
a) post personal data of third parties, disseminate images without the required permission or consent of the third party to whom the data pertains;
b) posting content of an advertising and or promotional nature, inconsistent with the purpose of the store.
3. It is prohibited for the Customer to post content that could, in particular:
a) with the intent to violate the personal rights of third parties;
b) posted in bad faith or which could be considered as such;
c) violate the rights of third parties, copyright, neighboring rights, industrial property rights, business secrets or those classified as secret or top secret;
d) place content that is offensive or constitutes a threat directed to other persons, statements generally regarded as offensive, such as vulgarisms;
e) violate the legitimate interests of the Seller;
f) send or post unsolicited commercial information (spam) within the Internet Shop;
g) otherwise violate good morals, the provisions of applicable law, social norms or customs.
4. In the event of receipt of a notification by a third party, authorized person or state authority, the Seller reserves the right to modify or remove content posted by the Customer, in the event that it is determined that it may constitute a violation of these Terms and Conditions or applicable laws. The Seller does not control the posted content on an ongoing basis.
§12 Out-of-court ways of dealing with complaints and claims
1. Information on out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) Consumer Ombudsmen, social organizations whose statutory tasks include protection of consumers, Provincial 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, among other things, the following possibilities to use out-of-court ways to process complaints and assert their claims:
3. Applying to the Provincial Inspector of Commercial Inspection with a request to initiate mediation proceedings for an amicable settlement of the dispute.
4. To apply to the Permanent Arbitration Consumer Court operating at the Provincial Inspector of Trade Inspection with a request to resolve a dispute arising from the concluded agreement, www.uokik.gov.pl/wazne_adresy.php.
5. Requesting free legal assistance from, among others, the Consumer Federation - website address: www.federacjakonsumentow.org.pl.
6. In solving cross-border disputes, the Network of European Consumer Centers helps. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.
7. A consumer may also use the online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform provides a single common access point for consumers and businesses to resolve out-of-court disputes regarding 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 out-of-court dispute resolution is voluntary and may take place only and exclusively when both parties to the dispute, i.e. the Seller and the Customer agree to it.
§13 Provisions concerning entrepreneurs
1. The regulations and provisions in this paragraph 13 apply only to Customers and Service Recipients who are not consumers (purchase of a professional nature).
2. The seller reserves the right to withdraw from a sales contract concluded with a non-consumer customer within 14 calendar days from the date of its conclusion. Withdrawal from the contract of sale may take place without giving any reason and may not give rise to any claims on this account 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 consumers at the same time, the service provider may terminate the contract for the provision of Electronic Services with immediate effect even without stating reasons, provided that he has sent the customer an appropriate statement.
4. The Seller has the right to limit the available payment methods to several or to one, for individual or all goods. The seller may require prepayment in full or in part, regardless of the chosen payment method and the fact of concluding a sales contract.
5. The risk of accidental loss of or damage to the product shall be transferred to the buyer at the time of the seller's release of the ordered product to the carrier. At the moment of delivery of the ordered product to the carrier, all benefits and burdens associated with the goods are also transferred to the non-consumer customer. The seller in such a case shall not be liable for loss, loss, damage from the moment of its acceptance by the carrier until its release to the customer.
6. The customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the product during transport, he is obliged to perform all actions necessary and appropriate to determine the liability of the carrier.
7. The seller informs that, in accordance with Article 558 § 1 of the Civil Code, product warranty liability to the customer who is not a consumer is excluded.
8. The seller's liability is limited under a single claim, as well as for all claims in total, up to the amount paid. The seller shall be liable only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits.
9. Any disputes between the online store and a non-consumer customer shall be submitted to the court having jurisdiction over the seller's registered office.
§14 Final provisions
1. The online store respects all the rights of customers provided by the provisions of applicable law.
2. If the applicable law grants to Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions are directly replaced by specific norms of the applicable law and are thus binding on the aforementioned owner.
3. All content posted on the website of the Online Store (including graphics, texts, page layout and logos) enjoy the protection provided for copyright and are the exclusive property of the Seller. The use of such content without the written consent of the Seller shall result in civil and criminal liability.
4. The store owner, as the administrator of personal data, inform you that:
- providing data is always voluntary but necessary for the execution of the order;
- the person providing his/her personal data has the unlimited right to access all the contents of his/her data and to correct them, delete them (the right to be forgotten), limit the processing, the right to data portability, the right to withdraw consent at any time without affecting the legality of the processing, the data may, however, be made available to the competent state authorities in a situation when the relevant regulation requires it.
- The basis for the processing of personal data will be Article 6 (1) (a) and the content of the General Data Protection Regulation...;
- personal data will be stored and processed for the period necessary for the completion of processing and execution of the order, but no longer than for a period of 3 years (2 years is the period for complaints and 1 year for possibly other claims and exceptional situations)
- the person providing his/her personal data has the right to lodge a complaint with the DPA when he/she considers that the processing of personal data concerning the execution of the order violates the provisions of the General Data Protection Regulation of April 27, 2016;"
5. With regard to the processing of personal data of this store, an adequate level of protection has not been established by the European Commission by way of a decision, but the data will be adequately secured by means of IT/legal solutions and measures.
6. Your data will be processed by automated means including profiling.
7. In other matters not regulated by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
8. The amended Regulations are binding on Customers if the requirements set forth in Article 384 of the Civil Code have been met (i.e. the Customer has been properly notified of the changes).
9. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is:
- changes in laws;
- changes in payment and delivery methods;
- change of currency exchange rates,
- changes in the manner of providing electronic services covered by the Regulations,
- changes to the Seller's data, including e-mail address, telephone number.
10. Changes to the regulations do not affect orders already placed and executed, to them the regulations in force at the time of ordering shall apply. The Seller shall inform about the intended change on the store website at least 30 days in advance. In the case of non-acceptance of the amended regulations, Service Recipients may, within 30 days of receipt of the message, terminate the contract with immediate effect.
11. Disputes arising as a result of the provision of services under these Regulations shall be submitted to the settlement of the Common Court at the option of the Client who is also a consumer, in accordance with applicable provisions of Polish law.
12. The appendices to the Regulations are an integral part thereof.
13. The contract of sale shall be concluded in the Polish language, with the content in accordance with the Regulations.
14. Customers of the aforementioned store may access these Regulations at any time through the link provided on the homepage of the website and download and make a printout, commercial use, however, is subject to the protection of the LEGATO Law Office.
15. The Regulations shall come into force on 16.02.2023