THE NEW REGULATIONS ARE EFFECTIVE FROM 13.02.2023:
CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS AND CONDITIONS OF CONTRACT OF SALE
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- PRODUCT COMPLAINT (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
- OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
- PROVISIONS FOR ENTREPRENEURS
- PERSONAL DATA IN AN ONLINE STORE
- FINAL PROVISIONS
The online store www.https://shan.pl/en/ cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
1.GENERAL PROVISIONS
1.1.The Online Store available at the Internet address www.https://shan.pl/en/ is operated by MAZAK Sp. z o.o. registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszow, XII Economic Department - National Court Register, under the KRS number 0000994440, having: the address of the place of business and the address for delivery: 36-060 Głogów Młp. Wojska Polskiego 38, NIP 5170428248, REGON 522883640, e-mail address: info@shan.pl, telephone number: 882815335.
1.2.These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for item. 9 of the Regulations, which is addressed exclusively to entrepreneurs).
1.3.Definitions:
- WORKING DAY - one day from Monday to Friday excluding public holidays.
- REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
- ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
- CONSUMER - means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
- CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
- ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
- NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Store.
- PRODUCT - a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.
- REGULATIONS - these regulations of the Online Store.
- INTERNET STORE - Provider's online store available at the following web address: www.https://shan.pl/en/.
- SELLER; SERVICE PROVIDER - is a company MAZAK Sp. z o.o. entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Business Department - National Court Register, under the KRS number 0000994440, having: the address of the place of business and the address for delivery: 36-060 Głogów Młp. Wojska Polskiego 38, NIP 5170428248, REGON 522883640, e-mail address: info@shan.pl, telephone number: 882815335.
- SALE AGREEMENT - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
- ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store.
- USER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
- THE ACT ON CONSUMER RIGHTS, THE ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended)
- ORDER - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2.ELECTRONIC SERVICES IN THE ONLINE STORE
2.1.The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
- Account - the use of an Account is possible after a total of three consecutive steps have been performed by the Customer - (1) completing the Registration Form, (2) clicking the "Create an Account" field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address. In the Registration Form the Client is required to provide the following data: first and last name/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and password. For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.
- The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@shan.pl or in writing to the address: 36-060 Głogów Młp. Wojska Polskiego 38
- Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Order with obligation to pay" box on the Web Store page after completing the Order Form - Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
- The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
- Newsletter - using the Newsletter is possible after providing in the "Newsletter" tab visible on the website of the Online Store the e-mail address to which the next edition of the Newsletter is to be sent and clicking the "Sign up" box. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account - as soon as the Account is created, the Customer is signed up for the Newsletter.
- The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@shan.pl or in writing to the address: 36-060 Głogów Młp. Wojska Polskiego 38.
2.2.Technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your web browser.
2.3.The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4.Complaint procedure:
Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points. 6 and 7 of the Terms and Conditions) Service Recipient may submit, for example:
- in writing to the address: 36-060 Głogów Młp. Wojska Polskiego 38;
- in electronic form via e-mail to: reklamacje@shan.pl;
It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3.TERMS AND CONDITIONS OF CONTRACT OF SALE
3.1.The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
3.2.The price of the Product shown on the website of the Online Shop is given in Polish Zloty and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3.3.The procedure for concluding a Sales Agreement in the Online Store using the Order Form
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
- After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4.Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place through (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4.METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1.When ordering home delivery, you can pay for the ordered goods with cash on delivery or choose another form of payment:
- Cash on delivery payment on delivery if such form is available for the delivery method.
- Payment by bank transfer to the Seller's bank account.
Bank: ING
Account number: 86 1050 1562 1000 0090 8177 6875 . - Payment in the system PayPal
- Electronic payments and payment card payments through the service Przelewy24 - possible current methods of payment are specified on the website of the Online Store under "Methods of payment".
- Settlement of electronic payment and payment card transactions is carried out according to the Client's choice through the Przelewy24 service. Payment card payments are handled by:
- PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.
- Settlement of electronic payment and payment card transactions is carried out according to the Client's choice through the Przelewy24 service. Payment card payments are handled by:
- BLIK payments, payment card, electronic transfer through a third-party payment system imoje, operated by ING Bank Śląski S.A., based in Katowice.
- for public entities ( Municipalities , Schools) is the possibility of issuing a term invoice up to 14 days.
4.2.Payment term:
- If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 5 calendar days from the date of conclusion of the Sales Agreement.
- If the customer chooses to pay cash on delivery, the customer is obliged to make payment on delivery.
5.COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1.Delivery of the Product is available in the territory of the Republic of Poland and Germany.
5.2.Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the "Delivery Costs" tab and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3.Personal collection of the Product by the Customer is free of charge.
5.4.The Seller shall make available to the Customer the following methods of delivery or collection of the Product:
5.4.1 Shipment within Poland
- Courier delivery, including cash on delivery, delivery time 1-2 business days
- Personal collection available at the address: 36-060 Głogów Młp. Wojska Polskiego 38- on Business Days, from 09:00 to 15:00.
- Pickup at point - Parcel Machines Inpost, delivery time 1-2 business days
- Pickup at the point - Parcel at the RUCHU kiosk, delivery time 3-4 business days
5.4.2 Shipping within Germany
- Courier shipment with prepayment, delivery time : 3-5 business days
5.5.The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is specified in the description of the Product or during the placement of the Order. In the case of Products with different delivery dates, the delivery date is the longest date given, which, however, cannot exceed 7 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
- If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
- If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement.
5.6.Deadline for readiness of the Product for pick-up by the Customer - if the Customer chooses to pick up the Product in person, the Product will be ready for pick-up by the Customer within 2 Business Days, unless a shorter deadline is specified in the description of the Product in question or when placing the Order. In the case of Products with different readiness-to-collect dates, the readiness-to-collect date shall be the longest date specified, which, however, shall not exceed 2 Business Days. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order. The beginning of the deadline for the readiness of the Product for collection by the Customer is calculated as follows:
- If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
6.PRODUCT COMPLAINT
6.1.The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (in particular, Articles 556-576 of the Civil Code).
6.2.The Seller is obliged to provide the Customer with the Product without defects. Detailed information regarding the Seller's responsibility for a defect in the Product and the Customer's rights are specified on the website of the Online Store in the "Complaint of goods" tab.
6.3.A complaint may be filed by the Customer, for example:
- in writing to the address: 36-060 Głogów Młp. Wojska Polskiego 38;
- in electronic form via e-mail to: reklamacje@shan.pl;
6.4.It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
6.5.The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, has demanded replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it is considered that the demand has been recognized as justified.
6.6.The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: 36-060 Głogów Młp Wojska Polskiego 28.In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the way it is installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7.OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
7.1.Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
7.3.The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller's place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge at the operator's tariff).
7.4.A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.RIGHT OF WITHDRAWAL
(APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
8.1.A consumer who has concluded a remote contract has the right to withdraw in writing from the concluded contract without giving any reason within fourteen days, from the date of conclusion of the contract under the Law of May 30, 2014. (Journal of Laws 2014, item 827, as amended) In case of written withdrawal from the contract, the customer is obliged to return the goods within fourteen days. The right referred to above also applies to an individual who enters into a contract directly related to his business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
To meet the deadline it is sufficient to send the statement before its expiration. The statement of withdrawal from the contract can be submitted, for example:
- in writing to the address: 36-060 Glogow Młp Wojska Polskiego 38;
- in electronic form via e-mail to: reklamacje@shan.pl;
8.2.A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available on the website of the Online Shop under "Right of withdrawal". The consumer may use the sample form, but it is not mandatory.
8.3.The period for withdrawal from the contract begins:
- for an agreement in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of an agreement which: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
- for other contracts - from the date of the agreement.
8.4.In the case of withdrawal from a contract concluded remotely, the contract is considered not concluded.
8.5.The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6.The consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: 36-060 Glogow Młp Wojska Polskiego 38.
8.7.The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.8.Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged to pay:
- If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
- The consumer shall bear the direct costs of returning the Product.
- In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
8.9.The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
- (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the Seller will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specifications or serving to meet his individualized needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of performance is a Product delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance is Products which, after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) 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 Seller has informed him of the loss of the right of withdrawal.
9.PROVISIONS FOR ENTREPRENEURS
9.1.This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
9.2.The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3.In the case of non-consumer customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
9.4.As soon as the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.
9.5.If the Product is sent to the Customer via a carrier, 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 shipment, he is obliged to perform all actions necessary to determine the liability of the carrier.
9.6.In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded. This subsection does not apply to a Customer who is an Entrepreneur making purchases for purposes not related to his business.
9.7.In the case of non-consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the appropriate statement to the Customer.
9.8.The Service Provider/Seller's liability to the Service Recipient/non-consumer Customer, regardless of its legal basis, shall be limited - both as a single claim and for all claims in the aggregate - to the amount of the price paid and delivery costs under the Sales Contract, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract, and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.
9.9.Any disputes arising between the Vendor/Service Provider and a Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.
10.FINAL PROVISIONS
10.1.Contracts concluded through the Online Store are concluded in the Polish language.
10.2.Amendment of the Regulations:
- The service provider 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 - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
- In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are binding on the Service Recipient, if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
- In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations will not in any way affect the acquired rights of Service Recipients/Customers who are consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
10.3.In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of common law.
11.MODEL WITHDRAWAL FORM
(APPENDIX NUMBER 2 OF THE CONSUMER RIGHTS ACT)
Withdrawal form (This form must be completed and returned only if you wish to withdraw from the contract) Address: I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*) 1.................................................................................................................. Please return the cash to your bank account: ( providing details is optional )
.................................................................................................................... Name of the consumer
.................................................................................................................... Consumer address
....................................................................................................................
....................................................................................................................
Consumer's signature and date (*) Delete as necessary. |
BELOW ARE THE EXISTING REGULATIONS VALID UNTIL 12.02.2023:
CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS AND CONDITIONS OF CONTRACT OF SALE
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- PRODUCT COMPLAINT (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
- OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL (APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
- PROVISIONS FOR ENTREPRENEURS
- PERSONAL DATA IN AN ONLINE STORE
- FINAL PROVISIONS
The online store www.https://shan.pl/en/ cares about consumer rights. A consumer may not waive the rights granted to him under the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act shall be invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the rights of consumers under mandatory provisions of law, and any possible doubts should be interpreted in favor of the consumer. In the event of a possible inconsistency between the provisions of these Regulations and the aforementioned regulations, these regulations shall prevail and shall be applied.
1.GENERAL PROVISIONS
1.1.The Online Store available at the Internet address www.https://shan.pl/en/ is operated by MAZAK Sp. z o.o. registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszow, XII Economic Department - National Court Register, under the KRS number 0000994440, having: the address of the place of business and the address for delivery: 36-060 Głogów Młp. Wojska Polskiego 38, NIP 5170428248, REGON 522883640, e-mail address: info@shan.pl, telephone number: 882815335.
1.2.These Regulations are addressed to both consumers and entrepreneurs using the Online Store (except for item. 9 of the Regulations, which is addressed exclusively to entrepreneurs).
1.3.Definitions:
- WORKING DAY - one day from Monday to Friday excluding public holidays.
- REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
- ORDER FORM - Electronic Service, an interactive form available on the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - who has concluded or intends to conclude a Sales Agreement with the Seller.
- CONSUMER - means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
- CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
- ACCOUNT - Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and password provided by the Customer, in which the data provided by the Customer and information about Orders placed by him/her in the Online Store are collected.
- NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Recipients who use it to automatically receive from the Service Provider the cyclical content of successive editions of a newsletter containing information about Products, news and promotions in the Online Store.
- PRODUCT - a movable item available in the Online Store, which is the subject of a Sales Contract between the Customer and the Seller.
- REGULATIONS - these regulations of the Online Store.
- INTERNET STORE - Provider's online store available at the following web address: www.https://shan.pl/en/.
- SELLER; SERVICE PROVIDER - is a company MAZAK Sp. z o.o. entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, XII Business Department - National Court Register, under the KRS number 0000994440, having: the address of the place of business and the address for delivery: 36-060 Głogów Młp. Wojska Polskiego 38, NIP 5170428248, REGON 522883640, e-mail address: info@shan.pl, telephone number: 882815335.
- SALE AGREEMENT - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
- ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer through the Online Store.
- USER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which is granted legal capacity by law; - using or intending to use the Electronic Service.
- THE ACT ON CONSUMER RIGHTS, THE ACT - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014 item 827 as amended)
- ORDER - the Customer's declaration of intent made via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2.ELECTRONIC SERVICES IN THE ONLINE STORE
2.1.The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
- Account - the use of an Account is possible after a total of three consecutive steps have been performed by the Customer - (1) completing the Registration Form, (2) clicking the "Create an Account" field and (3) confirming the desire to create an Account by clicking on the confirmation link automatically sent to the provided e-mail address. In the Registration Form the Client is required to provide the following data: first and last name/company name, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number and password. For Service Recipients who are not consumers, it is also necessary to provide company name and Tax Identification Number.
- The Account Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@shan.com.pllub or in writing to the address: 36-060 Głogów Młp. Wojska Polskiego 38
- Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart on the Online Store. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Order with obligation to pay" box on the Web Store page after completing the Order Form - Up to this point, it is possible to modify the data entered on your own (for this purpose, follow the messages displayed and the information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide company name and Tax Identification Number.
- The Order Form Electronic Service is provided free of charge and has a one-time nature and is terminated when the Order is placed through it or when the Customer discontinues placing the Order through it earlier.
- Newsletter - using the Newsletter is possible after providing in the "Newsletter" tab visible on the website of the Online Store the e-mail address to which the next edition of the Newsletter is to be sent and clicking the "Sign up" box. It is also possible to sign up for the Newsletter by checking the appropriate checkbox when creating an Account - as soon as the Account is created, the Customer is signed up for the Newsletter.
- The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter unsubscribe) by sending an appropriate request to the Service Provider, in particular via e-mail to: info@shan.com.pllub or in writing to the address: 36-060 Głogów Młp. Wojska Polskiego 38.
2.2.Technical requirements necessary to work with the ICT system used by the Service Provider: (1) computer, laptop or other multimedia device with access to the Internet; (2) access to e-mail; (3) web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enable cookies and Javascript in your web browser.
2.3.The Client is obliged to use the Online Shop in a manner consistent with the law and morality, taking into account respect for personal rights and copyrights and intellectual property rights of the Service Provider and third parties. The Client is obliged to enter data in accordance with the facts. The Client is obliged to prohibit the provision of unlawful content.
2.4.Complaint procedure:
Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in points. 6 and 7 of the Terms and Conditions) Service Recipient may submit, for example:
- in writing to the address: 36-060 Głogów Młp. Wojska Polskiego 38;
- in electronic form via e-mail to: reklamacje@shan.pl;
It is recommended that the Service Recipient provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) the contact details of the complainant - this will facilitate and expedite the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3.TERMS AND CONDITIONS OF CONTRACT OF SALE
3.1.The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
3.2.The price of the Product shown on the website of the Online Shop is given in Polish Zloty and includes taxes. The Customer is informed about the total price including taxes of the Product being the subject of the Order, as well as about the costs of delivery (including fees for transportation, delivery and postal services) and other costs, and when it is not possible to determine the amount of these fees - about the obligation to pay them, the Customer is informed on the pages of the Online Store during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
3.3.The procedure for concluding a Sales Agreement in the Online Store using the Order Form
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Terms and Conditions.
- After the Order is placed, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3.4.Recording, securing and making available to the Customer the content of the concluded Sales Agreement takes place through (1) making these Terms and Conditions available on the website of the Online Store, and (2) sending the Customer the e-mail message referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4.METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1.When ordering home delivery, you can pay for the ordered goods with cash on delivery or choose another form of payment:
- Cash on delivery payment on delivery if such form is available for the delivery method.
- Payment by bank transfer to the Seller's bank account.
Bank: Mbank
Account number: 87 1140 2004 0000 3302 7441 1941 . - Payment in the system PayPal
- Electronic payments and payment card payments through the service Przelewy24 - possible current methods of payment are specified on the website of the Online Store under "Methods of payment".
- Settlement of electronic payment and payment card transactions is carried out according to the Client's choice through the Przelewy24 service. Payment card payments are handled by:
- PayPro SA Settlement Agent, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda in Poznań, VIII Economic Division of the National Court Register under KRS number 0000347935, NIP 7792369887, Regon 301345068.
- Settlement of electronic payment and payment card transactions is carried out according to the Client's choice through the Przelewy24 service. Payment card payments are handled by:
- BLIK payments, payment card, electronic transfer through a third-party payment system imoje, operated by ING Bank Śląski S.A., based in Katowice.
4.2.Payment term:
- If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 5 calendar days from the date of conclusion of the Sales Agreement.
- If the customer chooses to pay cash on delivery, the customer is obliged to make payment on delivery.
5.COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1.Delivery of the Product is available in the territory of the Republic of Poland and Germany.
5.2.Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Store in the "Delivery Costs" tab and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3.Personal collection of the Product by the Customer is free of charge.
5.4.The Seller shall make available to the Customer the following methods of delivery or collection of the Product:
5.4.1 Shipment within Poland
- Courier delivery, including cash on delivery, delivery time 1-2 business days
- Personal collection available at the address: 36-060 Głogów Młp. Wojska Polskiego 38- on Business Days, from 09:00 to 15:00.
- Pickup at point - Parcel Machines Inpost, delivery time 1-2 business days
- Pickup at the point - Parcel at the RUCHU kiosk, delivery time 3-4 business days
5.4.2 Shipping within Germany
- Courier shipment with prepayment, delivery time : 3-5 business days
5.5.The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is specified in the description of the Product or during the placement of the Order. In the case of Products with different delivery dates, the delivery date is the longest date given, which, however, cannot exceed 7 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
- If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
- If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement.
5.6.Deadline for readiness of the Product for pick-up by the Customer - if the Customer chooses to pick up the Product in person, the Product will be ready for pick-up by the Customer within 2 Business Days, unless a shorter deadline is specified in the description of the Product in question or when placing the Order. In the case of Products with different readiness-to-collect dates, the readiness-to-collect date shall be the longest date specified, which, however, shall not exceed 2 Business Days. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order. The beginning of the deadline for the readiness of the Product for collection by the Customer is calculated as follows:
- If the Customer chooses payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
6.PRODUCT COMPLAINT
6.1.The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (in particular, Articles 556-576 of the Civil Code).
6.2.The Seller is obliged to provide the Customer with the Product without defects. Detailed information regarding the Seller's responsibility for a defect in the Product and the Customer's rights are specified on the website of the Online Store in the "Complaint of goods" tab.
6.3.A complaint may be filed by the Customer, for example:
- in writing to the address: 36-060 Głogów Młp. Wojska Polskiego 38;
- in electronic form via e-mail to: reklamacje@shan.pl;
6.4.It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a request for a method of bringing the Product into conformity with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.
6.5.The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, has demanded replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it is considered that the demand has been recognized as justified.
6.6.The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: 36-060 Głogów Młp Wojska Polskiego 28.In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the way it is installed, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
7.OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND CLAIMS, AND RULES OF ACCESS TO THESE PROCEDURES
7.1.Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2.There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
7.3.The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) a request for dispute resolution to a permanent amicable consumer court (for more information, see: http://www.spsk.wiih.org.pl/); (2) a request for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector in charge of the Seller's place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Federation of Consumers, Association of Polish Consumers). Advice is provided, among other things, by e-mail at porady@dlakonsumentow.pl and at the consumer hotline number 801 440 220 (hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge at the operator's tariff).
7.4.A platform for online dispute resolution between consumers and businesses at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.RIGHT OF WITHDRAWAL
(APPLIES TO SALES CONTRACTS CONCLUDED FROM DECEMBER 25, 2014)
8.1.A consumer who has concluded a remote contract has the right to withdraw in writing from the concluded contract without giving any reason within fourteen days, from the date of conclusion of the contract under the Law of May 30, 2014. (Journal of Laws 2014, item 827, as amended) In case of written withdrawal from the contract, the customer is obliged to return the goods within fourteen days. The right referred to above also applies to an individual who enters into a contract directly related to his business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
To meet the deadline it is sufficient to send the statement before its expiration. The statement of withdrawal from the contract can be submitted, for example:
- in writing to the address: 36-060 Glogow Młp Wojska Polskiego 38;
- in electronic form via e-mail to: reklamacje@shan.pl;
8.2.A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available on the website of the Online Shop under "Right of withdrawal". The consumer may use the sample form, but it is not mandatory.
8.3.The period for withdrawal from the contract begins:
- for an agreement in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him/her other than the carrier, and in the case of an agreement which: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
- for other contracts - from the date of the agreement.
8.4.In the case of withdrawal from a contract concluded remotely, the contract is considered not concluded.
8.5.The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of the payment received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.
8.6.The consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, or give it to a person authorized by the Seller for collection, unless the Seller offered to collect the Product himself. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: 36-060 Glogow Młp Wojska Polskiego 38.
8.7.The consumer shall be liable for any diminution in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.8.Possible costs associated with the withdrawal of the consumer from the contract, which the consumer is obliged to pay:
- If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
- The consumer shall bear the direct costs of returning the Product.
- In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the performance provided.
8.9.The right of withdrawal from a contract concluded at a distance does not apply to consumers with respect to contracts:
- (1) for the provision of services, if the Seller has performed the service in full with the express consent of the consumer, who was informed before the performance, that after the performance by the Seller will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of performance is a non-refabricated product, manufactured to the consumer's specifications or serving to meet his individualized needs; (4) in which the subject of performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of performance is a Product delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance is Products which, after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) 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 Seller has informed him of the loss of the right of withdrawal.
9.PROVISIONS FOR ENTREPRENEURS
9.1.This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.
9.2.The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3.In the case of non-consumer customers, the Seller has the right to limit the available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.
9.4.As soon as the Seller releases the Product to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss of or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for the delay in transportation of the shipment.
9.5.If the Product is sent to the Customer via a carrier, 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 shipment, he is obliged to perform all actions necessary to determine the liability of the carrier.
9.6.In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded. This subsection does not apply to a Customer who is an Entrepreneur making purchases for purposes not related to his business.
9.7.In the case of non-consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the appropriate statement to the Customer.
9.8.The Service Provider/Seller's liability to the Service Recipient/non-consumer Customer, regardless of its legal basis, shall be limited - both as a single claim and for all claims in the aggregate - to the amount of the price paid and delivery costs under the Sales Contract, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract, and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.
9.9.Any disputes arising between the Vendor/Service Provider and a Customer/Service Recipient who is not a consumer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.
10.FINAL PROVISIONS
10.1.Contracts concluded through the Online Store are concluded in the Polish language.
10.2.Amendment of the Regulations:
- The service provider 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 - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
- In the case of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are binding on the Service Recipient, if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms and Conditions results in the introduction of any new fees or an increase in current fees, the Service Recipient who is a consumer has the right to withdraw from the contract.
- In the case of conclusion of contracts of a nature other than continuous contracts (e.g. Sales Agreement) under these Regulations, the amendments to the Regulations will not in any way affect the acquired rights of Service Recipients/Customers who are consumers before the effective date of the amendments to the Regulations, in particular, the amendments to the Regulations will not affect Orders already placed or placed and Sales Agreements concluded, executed or performed.
10.3.In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: Civil Code; the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827, as amended); and other relevant provisions of common law.
11.MODEL WITHDRAWAL FORM
(APPENDIX NUMBER 2 OF THE CONSUMER RIGHTS ACT)
Withdrawal form (This form must be completed and returned only if you wish to withdraw from the contract) Address: I/We(*) hereby inform(*) of my/our withdrawal from the contract of sale of the following items(*) 1.................................................................................................................. Please return the cash to your bank account: ( providing details is optional )
.................................................................................................................... Name of the consumer
.................................................................................................................... Consumer address
....................................................................................................................
....................................................................................................................
Consumer's signature and date (*) Delete as necessary. |