Last Update: June 25, 2018
Effective Date: June 28, 2018
- Working Days are the days from Monday until Friday, excluding the official days off.
- Delivering is a delivery process the Products to the Customer to a place designated by the Customer, with an intermediary of the Carrier.
- Customer is a natural person, provided that he/she has full capacity to perform acts in law, or limited capacity to perform acts in law in cases regulated by the generally applicable law provisions or provided that he/she has a consent of a statutory representative, as well as a legal person or an organizational unit without legal personality to the benefit of which the law provisions of the commonly applicable law grant the legal capacity that concludes a Contract on rendering the Service.
- Customer’s account is a panel that enable to manage the Customer’s orders, with an intermediary of the Store area, under a condition of providing a Registration and Signing in.
- Consumer is the Customer, which is a natural person and concludes a Contract for a purpose not related directly to the economic or professional activity conducted by him/her.
- Basket is a functionality of the Store, which enables to complete the orders of the Goods by the Customer.
- Carrier is an entity, that renders the Goods Delivery services in a cooperation with the Seller.
- Store is the on-line store conducted by the Seller through the web site available in the Internet under the URL address: skatevideomagazine.com/store.
- Seller is Michał Sadownik who conducts its economic activity under the firm Skate Video Magazine with a registered office in Grudziądz (86-300) Dywizjon 303 12/71 Street, Poland, registered in the central Registration and Information on Business kept by the Minister of Economic Development, under the Tax Identification Number (NIP): 8762334181 and the National Business Registry Number (REGON): 366809459, that is a service provider, administrator and owner of the Store. You can contact with the Seller under the following phone number: (+48) 512 952 522, Skype: skype.skatevideomagazine and by submitting an e-mail to the following address: firstname.lastname@example.org.
- Sales is a Service consisting in selling the Goods, rendered by the Seller to the benefit of the Customer, which subject constitutes an obligation of the Seller to transfer an ownership title of the Goods to the Customer and their release, and an obligation of the Customer to collect the Goods and pay the Seller in order to Sell them.
- Good is a property presented in the area of the Store by the Seller in order to Sell it.
- Service is the service rendered by the Seller to the benefit of the Customer, on the basis of the Contract concluded between the parties through the Store, within a frame of the organized system of concluding distance contracts, without physical presence of both parties.
- Terms & Conditions are these Terms & Conditions, which subject consists in rendering Services by electronic means within an area by the Seller to the benefit of the Customers with an intermediary of the store.
§1 GENERAL PROVISIONS
- The Seller on the basis of Art. 8 section 1 point 1 of the Act of 18th July 2002 on providing services by electronic means establishes the Terms & Conditions and the Act of 30th May 2014 on consumer rights.
- The Seller renders the Services pursuant to the Terms & Conditions and generally applicable law provisions.
- The Contracts concluded pursuant to these Terms & Conditions can be concluded in English.
- The Seller makes available these Terms & Conditions on the Store web site and may make it available on the Customer’s Account or attach it to the e-mail messages, that include the declaration on accepting the Customer’s offers.
- The Customers can at any time get an access to the Terms & Conditions, record, obtain and reproduce by printing or saving it on the data storage medium.
- The information given on the Store web site does not constitute an offer of the Seller in the meaning of Art. 66 of the Civil Code Act, and only an invitation to make offers in respect of concluding the Sales Contract, pursuant to Art. 71 of the Civil Code Act.
- Rendering the Services is provided with an intermediary of the Store web site within 24/7.
- In order to use the Store, it is necessary that the Customer has at the disposal an ICT device with an access to the Internet, a correctly configured web browser in the latest upgraded or previous version: Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Safari, or Opera, as well as an active and correctly configured e-mail account.
- Using the Store may be connected with charging the Customer with the fees for the Internet access and data transmission, within a scope determined by the Contract with the telecommunication operator used by the Customer.
- Using the Store take place by reading its content.
§2 REGISTRATION OF THE ACCOUNT IN THE SERVICE
- The Contract on rendering the Service of maintaining the Customer’s Account is concluded for an indefinite period of time upon a confirmation of the Registration of the Customer’s Account by the Seller.
- A subject of this Service of maintaining the Customer’s Account is making available a panel of the Customer’s Account, which enables to managing the Customer’s data and orders.
- In order to create the Customer’s Account, you should perform a voluntary and charge free Registration. It takes place by fulfilling and sending the registration form, that is available in the area of the Store web site, to the Seller.
- The registration form is filled in correctly provided that all mandatory or possibly optional fields of re completed, while using the true, complete, and related to the Customer, and in particular the Customer’s Contact Data.
- Prior to submitting the registration form, by ticking its proper field, the Customer should declare that he/she has read and understood the Terms & Conditions, and accepts its provisions.
- Prior to submitting the registration form, by ticking its proper field, the Customer may voluntarily declare that he/she gives his/her consent for processing his/her personal data for marketing purposes by the Seller.
- The seller informs that the above-mentioned marketing purposes, may include in particular submitting commercial information by the Seller, with a usage of the Customer’s contact data. The consent mentioned in the above paragraph can by withdrawn at any time, and the Customer is entitled to a right to have an access to its personal data and amend it.
- Submitting the registration form to the Seller takes place while using the functionality of the Store and with its intermediary.
- Using the Customer’s Account is possible after its creation, and then signing in with a usage of the proper login and password.
- A termination of the Contract on rendering the Service on maintaining Customer’s Account can be made without giving the reason and at any time, by using its functionality or by sending a declaration within this cope to the Seller by the Customer, e.g. by e-mail or mail.
§3 FREE-OF-CHARGE FUNCTIONALITIES OF THE STORE
- The Seller makes available the following free-of-charge functionalities of the Store:
- making available a contact form,
- making available a search engine of the Goods,
- entering an opinion about the Good,
- adding the Good to a wish list,
- In order to use the functionality of the contact form, you should fill in its mandatory fields, enter a desired content, and then send a message to the Seller. The Seller will answer without undue delay, using the functionality of the Store, via phone or electronic means of communication, by sending an e-message to the Customer.
- In order to search the Goods in the Store, you should enter a desired content into the area of the Store search engine, and then confirm it. This functionality enables to search resources of the Store while suing the key words entered by the Customer. Furthermore, the functionality may allow for advance searching within a scope of the chosen criteria.
- In order to enter an opinion about the Good, you should use an opinion form, by completing its mandatory fields and entering a declared score or content. The functionality may allow for assigning a score in the determined ranking.
- The Contract on rendering the Service of adding the Good to a wish list is concluded for an indefinite period of time upon adding the Good to the wish list by the User and it is terminated upon removing the Good from the offer or wish list. A scope of this Contract includes temporary recording of the Good in the Customer’s Account memory, web site that includes an advertising offer of the Good and monitoring of its scores.
- Using of the concerned above mentioned functionalities may require possessing the Customer’s Account and signing in into it. The Service Provider reserves a possibility to disable temporarily some functionalities and introduce the new ones.
- The Orders for the Goods can be placed with an intermediary of the Store web site within 7 days per week and 24 hours day and night, using the Basket function. After completing an order list of the Goods, the Customer proceeds to a realization of the order.
- In case, when the Customer is signed in as the owner of the Customer’s Account, he/she proceeds to the next stage of placing the order as the signed in Customer.
- In case, when the Customer is not a signed in owner of the Customer’s Account, he/she chooses a manner of placing the order:
- while using the Customer’s Account, which will be registered. Then the Customer provides the Registration of the Customer’s Account and proceeds to the next stage of placing the order while using it.
- while omitting the Customer’s Account. Then the Customer proceeds to the next stage of placing an order.
- while using the possessed Customer’s Account. Then the Customer proceeds to the next stage of placing an order.
- After making a choice of a manner of placing the order, the Customer enters or choses:
- information needed for settling,
- information about a delivery, which include a method of delivery and a Delivery address,
- a method of payment method.
- Placing the order is preceded by displaying information about a total price amount for the concerned order together with the taxes and derivative amounts due, in particular the costs of the Delivery and payment within the Basket area.
- Placing the order can take place by pressing a proper button in the Basket and it is tantamount with making the Seller an offer to conclude the Sales Contract related to the Goods included in the order by the Customer.
- Prior to submitting the order form, by ticking its proper control field, the Customer should declare that he/she has read the Terms & Conditions and accepts their provisions.
- The placed order can be amended by the Customer until a moment, in which he/she receives information about shipping a consignment by the Seller.
- The amendment of the order can include its cancellation in whole, partial cancellation, extension by the additional Goods, a change of the Delivery address.
- The Seller shall promptly inform the Customer about its inability to accept the order, in case of any circumstances from which such a situation results. This information is provided via phone or electronic means. This information may constitute a rejection of the offer and include the following manners of a modification the order:
- a rejection of the offer it in the part impossible to be realized, what results in recalculating a value of the order,
- making a division of the Goods to be supplied for a part, which Delivery is possible and a part, which Delivery shall take place within the further deadline, what does not result in recalculating a value of the order,
- A confirmation of the acceptation of the order, with a restriction of an amendment mentioned in the above paragraph deemed as a new offer, which requires an acceptation of the Customer in order to conclude the Sales Contract.
- A confirmation of the acceptation of the order is provided by prompt submitting an e-mail message. The e-mail message contains the terms of the concluded Sales Contract mutually agreed by the parties, and also data entered by the Customer in the order form, in order to detect the errors, which may appear in it. In the case when such the error is detected, the Customer can notify the Seller about this fact by submitting an e-mail message containing an indication of the correct data.
- A confirmation of an acceptance of the order is tantamount with accepting by the Seller an offer to conclude the Sales Contract filed by the Customer.
- The Seller provides to the benefit of the Customers a Service consisting in the Sales of the Goods at a distance, with an intermediary of the Store.
- A subject of the Sales Contract includes a Seller’s obligation to transfer an ownership of the Goods to the Customer and to release them, and the Customer’s obligation to collect the Goods and pay an amount of the Price for the Goods to the Seller.
- The Seller reserves a right to run the advertising campaigns, which consists, in particular, in reducing a price for the Goods within a specified time limit or until stocks of the promotional Goods run out.
- While concluding the Sales Contract, the Seller undertakes to Deliver the Goods free from defects to the Customer.
- The Sales Contract is concluded upon confirming an acceptance of the Customer’s order by the Seller.
- Releasing of the Goods is provided within the term specified in a description of the Goods.
- The release time of the Goods can be a subject of an amendment in case of changing the order by the Customer.
- The release of the Goods takes place with an intermediary of the Carrier on Working Days at the address specified by the Customer.
- The detailed information in respect of the available methods of the Delivery, Carriers and the costs associated with that are published on the web site of the Store, and the Customer is informed about it during a process of placing the order.
- Releasing the Products takes place not earlier than after making a payment by the Customer.
- The Seller can confirm releasing the Goods to the Carrier in order to Deliver by submitting an e-mail message send to the Customer’s e-mail address.
- A risk of accidental loss or damage of the property is transferred to the Consumer upon releasing it to the Consumer.
- It is recommended that the consignment is examined by the Customer in the presence of the Carrier.
- In case of determining any damages to the consignment the Customer has a right to request drawing up an appropriate report in the presence of the Carrier.
- A value of payment due to the Sales is established on the basis of the Goods pricelist, which is on the Seller web site upon ordering the Product.
- The Prices presented on the web site of the Store next to the concerned Good are gross prices denominated in USD and they include a value of VAT (Value Added Tax), but they do not include any costs of a Delivery of the Good, a chosen method of payment and possible custom duties.
- The costs of the transaction and the Delivery of the Good are borne by the Customer.
- A total amount of the order, visible in the Basket area prior to placing the order and after making a choice with regard to a manner the Delivery of the Good and a payment, includes a price for the ordered Goods together with the taxes due and all derivative costs, in particular costs of the Delivery and a transaction.
- The total price of the order is binding for the Seller and the Customer.
- The Seller enables the following methods of payment with regard to the rendered Sales Services:
- by a bank transfer to the Seller’s bank account with a following number: IBAN: PL72 1950 0001 2006 0020 8692 0002, BIC/Swift: IEEAPLPA,
- by the PayPal external payment system, handled by PayPal S.à r.l. et Cie, S.C.A. in Luxemburg,
- A payment deadline related to the amounts due falls upon a moment of releasing the Goods.
- The Customer is obliged to make a payment:
- within 7 days – in the case when a bank transfer was chosen as the method of payment,
- upon placing an order – in the case when an external payment system was chosen as the method of payment.
- The Customer may request to issue an invoice, which is delivered in the electronic form, at the Customer’s request.
- A refund of the payment by the Seller is executed promptly, not later than within 14 days from a date of an occurrence of a cause, in the case of:
- a withdrawal from the Contract by the Consumer,
- a resignation of the Customer from the order or a part of the order payed prior to its realization,
- an acceptance of a claim covered by a compliant report by the Seller in the whole or partially, on the basis of the generally applicable law provisions.
- A refund of the payment is executed using the same method of payment, as it was used by the Customer during the original transaction unless he/she gives a consent to the other solution, which is not connected with charging him/her with any costs.
- The Seller is not obliged to refund any additional costs of the Delivery of the Goods borne by the Customer, if the Customer selected the other manner of the Delivery of the Goods than the cheapest ordinary manner of Delivering offered by the Seller.
- The subject of the Newsletter Service is the service of the Seller, vesting in sending commercial information to the Customer e-mail address.
- The Newsletter Service is ordered by using a proper newsletter activation filed within the registration form or in a different form made available within the web site of the Store by the Seller.
- The Newsletter Service is ordered correctly provided that the Customer gives its e-mail address or, possibly, other data regarded as mandatory. It is voluntary to give the data. However, it is necessary to perform the Service and conclude contract concerning its subject.
- Prior sending the order form for the Newsletter Service, by ticking an appropriate field, the Customer may voluntary declare that he/she gives a consent to have his/her personal data processed for the marketing purposes by the Seller.
- The Seller informs that the marketing purposes mentioned hereinabove may include, in particular, sending commercial information to the Customer’s contact data. The consent described in the point above can be withheld at any time. The Customer has the right to access his personal data and to amend it.
- The order form for the Newsletter Service is submitted to the Seller takes place while using the functionalities of the Store and with its intermediary.
- The contract to provide Newsletter Services is concluded for an indefinite period of upon confirming a sign in of the Customer to the Newsletter recipient list by the Seller.
- Using the Newsletter is possible upon concluding a contract to provide Newsletter Services.
- The contract to provide Newsletter Services may be terminated at any time, without stating a reason thereof by using, among others: Store web site functionalities or unsubscribing option available upon using a deactivation link included in the newsletter message and by sending the Customer’s declaration regarding the termination, for example in an e-mail or a letter.
- The Goods can be covered by the warranty issued by the Seller, manufacturer or distributor.
- Granting the warranty takes place by making a warranty declaration, which determines the obligations of the warrantor and the entitlements of the Customer in the case when the Goods has not any properties determined in this declaration.
- Together with the Good, the Seller issues the warranty document to the Customer.
- In the case when the goods are covered by the warranty, the Customer is entitled to lodge a complaint based on the applicable entitlements resulting from the warranty, by filing the compliant to the warrantor.
- Lodging the compliant due to the warranty can be performed with an intermediary of the Seller or directly the warrantor.
- A right to exercise the entitlements resulting from the statutory warranty is vested independently from the possible entitlements resulting from the warranty.
- Exercising the entitlements resulting from the warranty has no impact on the Seller’s liability in respect of the statutory warranty.
- In the case when the Consumer exercises his/her entitlements resulting from the warranty, a time limit to exercise the entitlements in respect of the Statutory warranty is suspended upon a day of notifying the Seller about a defect. This time limit runs further from a day of a rejection to execute the obligations resulting from the warranty by the warrantor or an ineffective expiration of the time limit to exercise them.
§9 STATUTORY WARRANTY
- The Seller is liable towards the Consumers, if the goods have the physical or legal defect, unless the Consumer was aware of the defect upon concluding the contract.
- The Seller is liable due to statutory warranty, if the physical defect is determined prior an expiry of two years from a date of releasing the Goods to the Consumer. If a subject of the Sales is used movable property, the Seller’s liability limited to one year from a date of releasing the Goods to the Consumer. A claim to remedy a defect or replace the Goods for the one free of defects becomes prescribed after a lapse of one year, counting from a date of the determination of the defect, whereas the time limit run cannot finish before a lapse of the time limit determined in the first sentence Within the time limits determined in this paragraph, the Consumer may make a declaration about a withdrawal from the Contract or reduce a price due to the defect of the Goods. If the Consumer requested to replace the Goods for the ones free of defects or eliminate the defect, the time limit to make a declaration about a withdrawal from the contract or reduce a price runs upon an ineffective expiry of the time limit to replace the goods or eliminate the defect. In the case of any court or arbitrary court proceedings due to claiming one of the entitlements, vested to the Consumer due to the above, the above time limit is suspended upon the final lawful end of the proceedings or the arbitrary proceedings, whereas the time limit to exercise the other entitlements due to the statutory warranty vested to the Consumer starts to run upon a court rejects to approve the agreement concluded before a mediator or an ineffective expiry of the mediations. If the best before date of the Goods determined by the Seller or manufacturer ends after an expiry of two years from a date of releasing the Goods to the Consumer, the Seller is liable due to the statuary warranty for the physical defects of these goods determined prior an expiry of this time limit. The expiry of the time limit to determine the defect does not exclude an execution of the entitlements due to the statutory warranty, if the Seller deceitfully concealed this defect.
- The Seller is liable due to the statutory warranty for the physical defects, which existed upon transferring risk for the Consumer or they resulted from a reason inherent to the Goods at the same moment. The physical defect consists in its non-compliance with the contract and occurs, in particular, if:
- it has no properties, which a property of its kind should due to a purpose specified in the contract or resulting from the circumstances or an intended use,
- it has no properties, about existence of which the Seller ensured the Consumer, in that presenting a sample or a pattern,
- it is not fit for a purpose, about which the Consumer informed the Seller while concluding the contract, and the Seller raised no objections in respect of such intended use of the Goods,
- it was released to the Consumer in the incomplete condition,
- it was incorrectly assembled and activated by the Seller or the third person, for whom the Seller is responsible and liable or by the Consumer, who acted pursuant to the user’s manual received from the Seller.
- The assurance of the Seller is treated equally to the public assurances of a manufacturer or its representative, a person who places the Goods on the market within a scope of their economic activity, and a person who by placing her/his name, tradename or the other distinguishing marking on the Goods presents as their manufacturer. The Seller is not liable towards the Consumer because the Goods feature no properties resulting from these public assurances, if it neither knew these assurances nor while reasonable assuming it could not be aware of them or they could not have any impact on the Consumer’s decision about concluding the Sales Contract or when their content was corrected prior to concluding the Sales Contract.
- The legal defect of the Goods occurs, in particular, if:
- it is owned by the third person,
- it is encumbered by a right of the third person,
- if from a decision or a ruling of the proper authority results a limitation in respect of the use or disposal of the Goods.
- If the Good has a defect, the Customer may request a replacement of the Good for the good free of defects or an elimination of the defect. The Seller is obliged to replace the defective Good for the Good free of defects or eliminate a defect in the reasonable time without excessive inconveniences for the Customer. The Seller may reject providing redress related with the Customer’s request if leading the defective Good to a compliance with the Contract in a manner chosen by the Customer is impossible or in comparison with the second chosen manner of leading to a compliance with the Contract would require to bear the excessive costs.
- If the Good has a defect, the Customer may make a declaration about reducing the price or withdrawing from the Contract unless the Seller immediately and without any excessive inconveniences for the Customer replaces the defective Good or eliminates the defect. This limitation is not applied, when the Good was already replaced or repaired by the Seller, or the Seller does not fulfil an obligation of replacing the Good for the one free from defects or eliminating the defect. The Consumer is not entitled to withdraw from the Contract, if the defect is minor. A reduced price determined in this paragraph, should be in such a proportion to the price resulting from the Contract, in which a value of the Good with a defect is to a value of the Good free from defect. The Consumer, instead of the elimination of a defect proposed by the Seller, may request to replace the Good for the Good free from defects, or instead of a replacement of the Good, the Consumer may request to eliminate the defect unless leading the Good to a compliance with the Contract in a manner chosen by the Consumer is impossible or it would require bearing excessive costs in comparison with the manner proposed by the Seller. While making an assumption related to the excessive costs it is considered a value of the Good free from defects, a type and a degree of importance of the determined defect, and inconveniences, to which the Customer would be exposed by the other manner of providing relief are taken into account, too. If among the sold Goods only some of them are defective and it is possible to separate them from the Goods free of defects, without harm for both parties, the Consumer ‘s entitlement to withdraw from the contract is limited to the defective Goods. If due to a defect of the Good the Consumer made a declaration about a withdrawal from the contract or to reduce a price, he/she may request to remedy the damage, which he/she suffered as a consequence of concluding the contract, not knowing about an existence of the defect even if this damage is a consequence of the circumstances, for which the Seller is not liable, in particular he/she may request to refund the costs of concluding the contract, costs of a collection, transport, storage and insurance of the Goods and a refund of the made efforts within such a scope, in such he/she did not benefited from these efforts (and he/she did not obtain any refund of them from the third person, a refund of the proceedings costs – in the case of the legal defects). Without prejudice to the provisions in respect of remedying damages pursuant to the general rules, and this standard is applied respectively in case of delivering the Goods free from defects instead of the defective property or eliminating the defect by the Seller.
- If the defective good was assembled, the Consumer may request its disassembly and reassembly after providing its replacement for the good free from defects or an elimination of the defect from the Seller. In the case of a failure to fulfil this obligation by the Seller, the Consumer is entitled to make these activities at the cost and risk of the Seller. If the cost of these activities exceeds a price of the Goods, the Consumer may request its disassembly and reassembly from the Seller, however he/she is obliged to pay a part of the costs related to it, in the amount that exceeds a price of the Goods or he/she may request to pay a part of the disassembly and reassembly costs, up to an amount of the price of the Goods.
- Subject to the above provision, the costs of the replacement or repair of the Goods are borne by the Seller. In particular, it covers the costs of disassembly and delivery of the Goods, labor, materials, reassembly and start-up. The Seller is obliged to accept the defective Goods from the Consumer in the case when the above Goods are to be replaced for the Goods free of defects or a withdrawal from the Contract.
- If from the concluded Contract results that the delivery of the Goods shall take place partially, and the Seller despite of a request of the Consumer failed to deliver the same quantity of the Goods free of defects instead of the defective Goods, the Consumer may withdraw from the Contract also with regard to a part of the Goods, which are to be delivered further.
- If the Seller is delayed in terms of collecting the Goods, the Consumer may send the Goods back at the cost and risk of the Seller.
- The right of the statutory warranty is excluded with regard to the Customers not being the Consumers.
- The complaints due to the statutory warranty can be lodged by sending a letter or an e-mail to the mailing or electronic address of the Seller.
- The complaints due to the statutory warranty can be lodged using a form, which specimen constitutes an appendix to these Terms & Conditions.
- A compliant report due to the statutory warranty should include a description of the problem and Consumer’s identification data.
- It is recommended to specify in a content of the lodged compliant due to the statutory warranty the following data;
- the Consumer’s contact data, which shall serve to provide a response to the compliant and provide a correspondence connected with it,
- number of the Consumers bank account, which shall serve to refund cash, in case of occurrence of such a situation.
- In the case, when a compliant due to the statutory warranty refers to the Goods, in order to consider the compliant by the Seller, the Consumer is obliged to deliver or send the Goods, to which the complaint refers to the Seller’s address, at its cost. If due to a kind of the Goods or a manner of their assembly, delivering the Goods would be excessively impeded, the Consumer is obliged to make available the Goods to the seller in the place, in which the Goods are.
- The Seller adjusts the complaints within 14 days from a day of its lodging.
- The Seller shall inform the Customer about a manner of adjusting the lodged complaint due to the statutory warranty via e-mail or traditional mail, depending on the Consumer’s will or a manner of lodging the compliant used by him/her.
- If the Consumer requested to replace the Goods or eliminate the defect or made a declaration to reduce a price, determining an amount by which a price is to be reduced, and the Seller did not assume an attitude towards request within 14 days, it is deemed that the request was considered as justified.
- In the case when a compliant due to the statutory warranty refers to the Goods, which after an adjustment of the compliant is a subject of sending to the Consumer, the Seller shall deliver or send the Goods to the Consumer’s address.
- A refund of the cash in respect of the compliant due to the statutory warranty shall take place with a usage of the same method of a transfer to the bank account.
§11 EXTRAJUDICIAL MANNERS OF SETTLING COMPLAINTS AND PURSUING CLAIMS
- The Consumers who reside on a territory of the Republic of Poland have a possibility to use the following extrajudicial manners of settling complaints and pursuing claims:
- to file an application to settle a dispute related to the concluded Sales Contract by the permanent arbitration court functioning at the proper provincial inspectorate of the Trade Inspection, which address due to its jurisdiction can be established while using the web site of the Office of Competition and Consumer Protection run under the following URL address:
- to file an application in order to initiate the mediation proceedings in respect of an amicable setting of the dispute between the Consumer and the Seller to the provincial inspectorate of the Trade Inspection, which address due to its jurisdiction can be established while using the web site of the office of Competition and Consumer Protection run under the following URL address: https://www.uokik.gov.pl/wazne_adresy.php#faq595,
- to use an assistance of the district or municipal consumer rights advisor or a social organization, which statute tasks include a consumer’s protection.
- to file an application to settle a dispute related to the concluded Sales Contract by the permanent arbitration court functioning at the proper provincial inspectorate of the Trade Inspection, which address due to its jurisdiction can be established while using the web site of the Office of Competition and Consumer Protection run under the following URL address:
- A list of the entities and institutions, which realizes the tasks connected with the extrajudicial settlements of the consumer’s disputes and detailed information within this scope, can be found on the web site of the Office of Competition and Consumer Protection, available under the following URL address: https://www.uokik.gov.pl.
- The Consumers that reside on the Territory of the EU have a possibility to file a complaint with an intermediary of the Eu on-line ODR platform, available under the following URL address: http://ec.europa.eu/consumers/odr/, according to the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21st May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The detailed information related to an extrajudicial procedure of settling complaints and pursuing claims and the rules in respect of getting access to these procedures can be found in the registered offices and on the web sites of the entities mentioned in par. 1 and 3.
§12 WITHDRAWAL FROM THE CONTRACT
- The Consumer may, without giving any reason, withdraw from the Contract within 14 days, in that from the Sales Contract, subject to the standards specified in a content of the instruction related to a withdrawal from the Contract, which constitutes an appendix to the Terms & Conditions.
- The Consumer is not entitled to a right of withdrawal from the Contract, inter alia, with regard to the Sales Contract:
- if the Seller has executed fully the service with an expressive consent of the Customer, who was informed before initiating its rendering that after realizing this Service by the Seller, he/she shall lose his/her right to withdraw from the Contract,
- in which a subject of the service is the non-prefabricated good, manufactured according to the specification of the Consumer or serving to fulfil his/her customized needs,
- related to the Good delivered in the sealed package, which after opening this package cannot be returned due to the health protection or hygienic considerations, if the package has been opened after its Delivery,
- related to the Goods that after their Delivery, due to their nature, become inseparably connected with the other properties,
- audio or video records, or software delivered in the sealed package, if the package was opened after the Delivery.
- In the other cases, the Consumer can withdraw from the Sales Contract, filing a declaration about withdrawing from the Contract to the Seller. The declaration can be filed using a form, which specimen constitutes an appendix to the Terms & Conditions.
- In case of withdrawal from the Contract, however not later than within 14 days from a date, on which the Consumer withdrawn from the Contract, he/she is obliged to return the Goods to the Seller or hand it over to an authorized person by the Seller. In order to observe a time limit it is sufficient to send back the Goods before its expiry. This provision is not applicable in case when the Seller proposed to collect the Goods by itself.
- The Seller undertakes to collect the Goods at its own cost, when due to its nature it is impossible to send back the Goods by an ordinary manner by mail, and simultaneously the Goods were delivered to the Consumer to the place, in which he/she resided at the moment when the Sales Contract was concluded.
- The Consumer is responsible and liable for a reduction a value of the Goods resulting from a usage by his/her in a manner exceeding a necessary one in order to determine a nature, properties and functioning of the Goods.
- In case of withdrawal from the Sales Contract, it is considered as the non-concluded. If the Consumer had filed a declaration about a withdrawal from the Sales Contract before the Seller accepted his offer, the offer ceases to be binding.
§13 DATA PROCESSING AND COOKIE FILES
- The Seller may gather information in order to store it locally on a Customer’s device, using browser’s memory and cookies files.
- The Seller can process personal data of the Store users for the reason and within the scope of which it informs before collecting data or when collecting it.
- The rights referred to in the above point, depending on the basis of data processing: the right of access to their data, requests for rectification, deletion, limitation of processing, opposition to processing, right of transferring data, as well as the right to file a complaint supervisory body.
- In the event that personal data are processed on the basis of consent for their processing, it may be withdrawn at any time. Withdrawal of consent does not affect the legality of the prior processing of data.
- By concluding the contract to provide Services, the Customer may authorize the Seller to send information concerning contracts and their performance, as well as trade information if a separate consent was granted.
- The Customer who is not a Consumer is obliged to inform the Seller about the amendments made to his/her data, otherwise it is null and void in connection with servicing.
§14 LICENSE CONDITIONS
- The Seller grants to benefit of the Customers who use the Store a royalty-free license within a scope of their own use and in order to enable them to use the Store, while observing the following conditions.
- The name of the Store, the graphic design of the Store, the structure of the Store, the Store, the source code or compilated code of the Store, the web sites intended for handling the Store and any documents developed by the Seller in connection with making available the Store, including the associated works, in that the Terms & Conditions and the other documents and messages sent in respect of rendering services are the works within a meaning of the copyright law. The Seller transfers to the Customer neither the proprietary copyrights to the Store any works, which constitute a part of it, entitlements to grant the permits with regard to a disposal of the proprietary copyrights to these works or the Store and using them, nor exercising the other derivative copyrights, not restricted in the license conditions.
- The right to use the Store and the works associated with it, is applicable in the following exploitation fields: recording and reproducing in a memory of the telecommunication device in a place and time chosen at their own discretion, and getting an access and displaying with an intermediary of the telecommunication device in a place and time chosen at their own discretion.
- The Customer can neither lend, lease, resell the works or any part of them nor create the derivative works on the basis of them, make amendments of the works, delete information about the rights of ownership or copyrights, which may appear in the area of these works, use the works for the purposes that violate the applicable provisions of the common law or the ethical and moral standards.
- The license is unlimited in time, unlimited in territory and non-exclusive. It is applicable to the entire Store and the works associated with it. The Seller retains the exclusive rights to decide with regard to remaining an integrity of the Store.
- While publishing any content, in particular the comments or opinions in the Store, the Customer grants a royalty-free, unlimited in time, unlimited in territory and non-exclusive license to the Seller, which is applicable in the following exploitation fields: publication in the area of the Store web site, recording and reproducing in a memory of the telecommunication device in a place and time chosen at their own discretion, and getting an access and displaying with an intermediary of the telecommunication device in a place and time chosen at their own discretion, while retaining the right to grant sub-licenses mentioned in the above paragraphs, in order to enable the Customer to use the Store.
- The Customer acknowledges that it is forbidden to deliver to the Store or with an intermediary of it the following contents:
- of illegal nature,
- which can mislead the other Customers,
- that infringe the personal rights of the Customers, the Seller and the third persons,
- commonly considered as offensive, vulgar or infringing the accepted principles of morality, in particular: pornographic contents, contents that promote drugs and excessive alcohol consumption, contents that incite to racism, xenophobia or spread out hatred.
- The Seller is entitled to remove or moderate contents that infringe the provisions of these Terms & Conditions.
§15 APPLICATION AND AMENDMENT OF THE TERMS & CONDITIONS
- An amendment of the Terms & Conditions can be introduced due to any amendment of the law provision in respect of a subject of the Services, as well as due to any technical or organizational changes with regard to the services realized by the Seller.
- An amendment of the Terms & Conditions is made by a publication of its new wording on the Store web site.
- An amendment of the Terms & Conditions is not related to the Sales Contracts concluded before a date of its amendment.
- A publication of the information about an amendment of the Terms & Conditions takes place in the area of the Store web site not later than within 3 days prior to a date of an effective date of their new wording.
- The Seller submits electronically information about an amendment of the Terms & Conditions, in the case when the parties are bound by a contract for an indefinite period.
§16 FINAL PROVISIONS
- A meaning of the capitalized terms is compliant with the explanations, which can be found in the section featuring descriptions of the definitions used in the Terms & Conditions.
- The Seller is not responsible and liable for:
- breaks in the correct functioning of the Store and improper performance of the Services, resulted from an act of force majeure, with regard to the Customers, who are not the Consumers,
- breaks in the correct functioning of the Store and improper performance of the Services to the benefit of the Customers, who are not the Consumers, resulted from the technical operations or a reason attributable to the entities with an aid of which the Store renders the Services,
- gains lost by the Customers, who are not the Consumers,
- When reaching an amicable settlement of the dispute between the Seller and the Customer, who is not the Consumer or does not reside in the territory of the Republic of Poland if the circumstances allow for such a possibility according to the national law provisions, it is agreed that it should be settled by a court with a jurisdiction over a registered office of the Seller.
- With regard to the Consumers who are not the Consumers or do not reside in the territory of the Republic of Poland when the national law provisions allow for such a possibility, a governing law in respect of the performance of the contract concluded with the Seller and in order to settle the disputes connected with it, the law of the Republic of Poland is applicable.
- The provisions of the Terms & Conditions are not aimed at excluding or limiting the rights of the Customer, who is not the Consumer, resulting from the generally applicable law provisions.
- With regard to the Contracts concluded with the Seller, in the case of any discrepancies between the provisions of the Terms & Conditions and the generally applicable law provisions, the latter provisions are applicable.
- Should provisions of the Terms & Conditions prove invalid or ineffective, this circumstance does not violate the validity and effectiveness of the other provisions the Terms & Conditions. The invalid or ineffective provisions shall be superseded by norms applicable to what the parties agreed or what they would agree if the provision was included in the Terms & Conditions.
- The Store Rules and Regulations enter into force within three (3) days from its publication of the Website.
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