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Terms & Conditions of casabeworld.com

§1 Basic Definitions
§2 General
§3 Terms of Service
§4 Contract Terms
§5 Order Processing
§6 Delivery
§7 Payment methods
§8 Warranty
§8a Responsibility for compliance of the Goods with the contract
§9 Withdrawal
§10 Complaints procedure
§11 Responsibility
§12 Out-of-court methods of dealing with complaints and pursuing claims
§13 Provisions regarding entrepreneurs
§14 Rules for posting opinions and ratings of Goods
§15 Final provisions

Introduction

Dear Customer, these Regulations govern the manner of concluding sales contracts via the above-mentioned website, the rules for the implementation of these contracts, including deliveries, rights and obligations under applicable law and the mode of withdrawal from the contract and complaint procedure . The Regulations consist of four main parts:

  1. in § 1 to 3 - there are general regulations of these Regulations;

  2. in § 4 to 7 - the process of purchasing Goods/Services has been described;

  3. in § 8 to 12 - there are regulations related to the finding of defective Goods/Services as well as the right to withdraw from the contract;

  4. in § 13 to 14 - all other regulations are included.

§1 Basic Definitions

  1. Online store - https://casabeworld.com/pl/

  2. Seller - Casabe World Kacper Bączyk, NIP 761 150 35 15, phone: +48 519 472 985

  3. Seller's address - whenever the Regulations refer to the address of the Seller, it means the following data:

  1. registered office: Piła Główna 24B, 42-134 Truskolasy

  2. email address: sale@casabeworld.com

  1. Client - a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, whose law grants legal capacity, which has concluded or intends to conclude a sales contract.

  2. Consumer - art. 221 KC: a natural person making a legal transaction with the Seller not directly related to its business or professional activity.

  3. Distance contract - means a contract concluded between the Seller of the Online Store and the Consumer as part of an organized procedure of the distance contracting system, without the need for both parties to the contract in one place and time, concluded via one or more means necessary for distance communication up to and including the time of conclusion of the contract.

  4. Service - a service provided electronically by the Service Provider (Seller) to the Service Recipient (Client) via this Online Store.

  5. Sales contract - a contract for the sale of a Product posted on the website of the above-mentioned Online Store concluded or concluded between the Customer and the Seller via the Online Store.

  6. Goods - a Product, a movable item that the Customer purchases via the Online Store, i.e.

    1. Granite and ceramic sinks used in households and businesses (mainly kitchens).

    2. Accessories for sinks (kitchen faucets, dishwashing liquid dispensers, kitchen siphons for water drainage.

    3. Sink care product (weekly sink surface protection and maintenance agent).

  7. Cart - a place where the Customer indicates important elements for a further order, such as: quantity of Goods, delivery address, delivery method, payment method, invoice data and possibly other information, provided that their provision is necessary for the proper execution of the order.

  8. Order – declaration of intentCustomer, submitted via the Online Store specifying: the type and quantity of the Goods in the Online Store's assortment at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of issuing the Goods and the Customer's data.

  9. Promotion/rebate - an individual, amount or percentage discount for the Customer granted for the purchase of a given product or a given group of products in the Online Store.

  10. Order form - an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and execution of the Order, including by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including delivery and payment.

  11. Order fulfillment time - the time in which the order placed by the Customer of the Online Store will be completed, packed, sealed by the Seller and forwarded for delivery by the form of delivery selected by the Customer.

  12. Business day - one day from Monday to Friday, excluding public holidays.

  13. Newsletter - a marketing service provided by the Service Provider (Seller) via e-mail, using e-mail addresses, which enables the Service Recipients (Customers) to automatically receive advertising content from the Service Provider of the Online Store Products, including information about promotions, news and subsequent editions of the Online Store's newsletter.

  14. Act on Consumer Rights, Act - Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

§2 General

  1. The Seller hereby declares that he undertakes to provide services being the subject of the Online Store's activity to the Customer in a reliable manner and in accordance with applicable law, principles of social coexistence and in a manner regulated in these Regulations.< /span>

  2. The Seller declares that it complies with all the required rules for the protection of Customers' personal data, which are provided for, inter alia, by the Personal Data Protection Act, as amended. The Customer agrees to the collection, storage and processing of personal data by the Seller only for the purpose directly related to the implementation of the Service/Goods ordered in the Online Store. Detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the "Privacy Policy" of the Online Store.

  3. When placing orders in the Store, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form. To complete the order, it is necessary to accept the provisions of the regulations. Please be advised that the conclusion of the Sales Agreement via the Internet and acceptance of the regulations entails the obligation to pay for the ordered Goods .

  4. The data controller applies appropriate technical and organizational measures to ensure the protection of personal data reliably to the threats and categories of data protected. First of all, it protects data against being made available, taken away, processed, lost, changed, damaged or destroyed by unauthorized persons. The detailed scope of protection has been regulated in accordance with the requirements of the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management manual).

  5. The administrator of your personal data is Casabe World Kacper Bączyk, Piła Główna 24B, 42-134 Truskolasy, NIP 761 150 35 15, phone: +48 519 472 985, e-mail: Sprzedaż@casabeworld. com

  6. Each person whose data is processed has the right to:

  1. supervising and controlling the processing of personal data for which the seller maintains a collection of customer data in the above-mentioned store;

  2. obtaining comprehensive information whether such a set exists and is maintained by the seller;

  3. determining who is the data administrator, determining his address, registered office, name, if the administrator is a natural person, to determine his name and place of residence;

  4. obtaining information about the purpose, scope, method, time of processing data contained in such a set;

  5. obtaining information in a commonly understandable form of the content of this data;

  6. knowing the source from which the data concerning them come from, unless the data controller is obliged to keep confidential information in this regard or to maintain professional secrecy;

  7. requests to supplement, update, rectify personal data, temporarily suspend or delete them if they are incomplete, outdated, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which have been collected.

  1. The customer, in accordance with point 6, has the right to inspect the content of the processed personal data, correct them, and request the removal of this data. The personal data administrator is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the collection on an ongoing basis and immediately after notification, unless the request concerns personal data for which the mode of supplementing, updating or rectifying them is specified in separate provisions of law, including acts.

  2. In the process of finalizing the order, the Customer agrees to the collection and processing of personal data by the Seller within the meaning of the Personal Data Protection Act. Data may be transferred to another entity only in the situation required by law or necessary for the execution of the order.

  3. The customer may agree to receive advertising and commercial information from the Seller by electronic means by subscribing to the NEWSLETTER.

  4. The customer undertakes to use the Online Store in accordance with applicable law and principles of social coexistence.

  5. The customer using the Seller's Services provided via the Online Store is obliged to comply with these Regulations to the extent necessary to complete the order and is not contrary to applicable law and the principles of social coexistence.< /span>

  6. The Seller of the Online Store declares that the Goods available and sold in its Online Store are new, usable, safe and free from physical and legal defects. The goods fully correspond to the properties that are displayed and described on the Online Store website.

  7. If the Goods are covered by the manufacturer's warranty, the so-called guarantee document in which the manufacturer assumes responsibility for the properties of the items, the existence of which he assured (e.g. as to functionality, durability, quality of items), this warranty does not exclude and does not limit in any way the Buyer's ability to exercise his rights under the warranty for defects in the Goods, both physical and legal.

  8. The Seller fulfills orders in Poland and orders placed by Consumers in Europe, and after prior arrangement of delivery conditions also in other countries.

  9. All the Goods on sale in the Online Store have been introduced to the Polish market in a legal and legal manner. Information about the Goods on the Online Store website constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of April 23, 1964 of the Civil Code.

  10. All prices of Products/Goods/Services given on the Online Store website are given in Polish currency (Polish zlotys), they are gross prices including VAT, customs duties and other components imposed by law.

  11. The Seller reserves the right to change the prices of the Goods available in the Online Store, introduce new Goods as well as carry out and cancel promotional campaigns or make changes to ongoing promotions. In the case of promotional campaigns involving a temporary reduction in the price of the Goods, the Seller, on the Goods page, indicates, next to the promotional price, the previous lowest price of the Goods, which was in force during the period of 30 days before the introduction of the promotion. The scale of the reduction will be determined in relation to the lowest indicated price.
  12. NOTE: The prices of the Goods given on the Online Store website do not include delivery costs, they are added only to thethe Customer's choice of the method of delivery of the ordered Goods.

  13. An entrepreneur running a sole proprietorship, if he makes a purchase that is not related to his business, has the right to withdraw from the contract within 14 calendar days from the moment the Goods are taken into possession by the Customer or a third party indicated by him other than the carrier.

  14. For the record. In connection with the new provisions of the Civil Code, the legislator also planned to add Art. 38a to the Act on Consumer Rights, which will enable sole proprietorships to use the 14-day right of return - in the following wording: "Art. 38a The provisions on the consumer contained in this chapter apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity."

  15. Art. 556(4) The consumer provisions in this section, with the exception of s. 558 § 1, second sentence, shall apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the performed activity business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

  16. Verification of whether a given activity is of a professional nature will be based on CEiDG - Central Register and Information on Economic Activity - and specifically on the PKD codes entered there, specifying the types of economic activity.

  17. Entrepreneurs running a sole proprietorship will be entitled to:

  • prohibited clauses used in contract templates;

  • warranty for defects in the sold item;

  • recourse claim against the previous seller in connection with the performance of the consumer's complaint;

  • the right to withdraw from a distance or off-premises contract within 14 days;

  1. Provisions regarding the consumer, contained in art. 385(1)-385(3) k.c. [regarding prohibited contractual provisions] shall apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of provisions on the Central Registration and Information on Economic Activity.

  2. New Art. 385(5) k.c. applies only to prohibited contractual provisions (abusive clauses). The provisions on abusive clauses will apply to sole traders after January 1, 2021. A catalog of twenty-three exemplary abusive clauses is contained in Art. 385(3) k.c. In turn, in the current version of the register of abusive clauses kept by the President of UOKiK.

  3. The new regulations will apply to contracts concluded after January 21, 2021. The provisions of art. 385[5], Art. 556[4], Art. 556[5] and Art. 576[5] of the Act amended in Art. 1 does not apply to contracts concluded before January 1, 2021. The provision of art. 38a of the Act amended in Art. 55 does not apply to contracts concluded before January 1, 2021.

  4. Entrepreneurs running a sole proprietorship will still not be able to use the assistance of institutions supporting consumers in protecting their rights, including the assistance of Poviat/Municipal Consumer Ombudsmen or the Office of Competition and Consumer Protection.

§3 Terms of Service

  1. This online store provides services by electronic means, the condition for entering into the contract is, first of all, filling in the online order form in order to conclude a sales contract. Accession to the conclusion of the contract is voluntary.

  2. The contract for the provision of services is concluded electronically in the form of enabling the Customer to complete the order formonline, the contract is concluded for a definite period of time when the Customer starts to fill in the form and is terminated when the Customer withdraws from filling in the form or when the completed form is sent to the Seller. The process of filling in the order form is organized so that each customer has the opportunity to read it before making a decision to conclude a contract or to amend the contract.

  3. The service specified in point 1 is provided free of charge, however, it may require access to the Internet.

  4. Orders can be placed electronically within 24 hours. a day, 7 days a week.

  5. When finalizing the purchase, the customer selects the option "I consent to the processing of my personal data contained in the order form by the store for the purpose and scope necessary to complete the order." – it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the contract.

  6. The Seller, using the Online Store, provides the Newsletter service electronically by sending cyclical information to the Customers about promotions and Goods. The contract for the provision of the "Newsletter" service by electronic means is concluded for an indefinite period of time when the Customer signs up for the "Newsletter" service using the functionality available on the Online Store website and ends when the Customer terminates the contract in accordance with the rules set out in the Regulations or after unsubscribing from the subscription list by means of a hyperlink (link) contained in the Newsletter messages. The service is provided free of charge.
  7. According to art. 8 sec. 2 of the GDPR, the administrator, taking into account the available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of the child (under 16 years of age) has consented or approved it.

  8. Requirements necessary to use the services provided by the Online Store Seller:

  1. a device with access to the Internet,

  2. a web browser that supports cookies, for example:

  • Internet Explorer 8.0 or later with ActiveX, JavaScript and Cookies enabled or

  • Mozilla Firefox version 22.0 or later with Java applets, JavaScript and cookies enabled or

  • Google Chrome version 28.0 or later with Java applets, JavaScript and cookies enabled or

  • Opera 12.0 or later with Java applets, JavaScript and cookies enabled or

  • Apple Safari 5.0 or later with Java applets, JavaScript and cookies enabled;

  1. email access.

  1. Customer's costs related to access to the Internet and data transmission are borne solely by the Customer in accordance with the tariff of his provider with whom the customer has signed a contract for the provision of Internet services.

§4 Contract Terms

  1. In order to conclude a valid and binding party to the Sales Agreement, the Customer selects in accordance with the displayed offer of the Online Store, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the characteristics of the ordered Product and its specification, respectively. Together with the selection of the Goods, the Customer completes the online order form, indicating in it the data necessary for the Seller to complete the order, such as, for example, quantities, place of delivery and payment methods, based on the messages and information displayed to the Customer available on the website and contained in these Regulations.

  2. Registration of the Customer Account in the Online Store is voluntary and free of charge.

  3. If the Seller makes it possible to order Goods, the properties of which consist in the fact that it is made to the Customer's individual order, the Customer sends together with the online order form the content necessary to make the Good, i.e. the text , graphics, dimensions, etc., in accordance with the technical requirements included in the description of the Goods, or chooses the appropriate specification of the Goods from the variants provided by the Seller of the available configuration options for a given Good.

  4. Immediately after receiving the order, the Seller sends the Customer by e-mail to the e-mail address provided when placing the order, a statement of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, the sales contract is concluded.

  5. The message summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price payment (specified in Polish zlotys) along with delivery costs and the amount of discounts granted (if applicable).

  6. If the Customer has more discounts from several sources/promotions, they are combined/aggregated only if it is expressly specified in the Promotion Regulations. In the absence of a provision regarding the method of combining various promotions/discounts, only one discount (one promotion) can be selected for a given purchase.

§5 Order processing

  1. The Seller reliably fulfills the Customer's orders in the order in which they are received (taking into account §7 point 4 of the Regulations) - each order is a priority and very important for us!

  2. The order processing time for a single customer is from 1 to 5 working days from the date the customer sends the order. In the case of products marked with 'made to order' availability, the delivery time is specified on the product page. The order processing time consists mainly of the order preparation time (completion and packaging of the order, delivery of the parcel to the courier, and in selected cases, the execution of the Goods). The delivery time of the order depends on the chosen method of delivery, it may change depending on the type of transport indicated by the Customer.

  3. In the event of exceptional circumstances or inability to fulfill the order in the indicated in point. 2, the Seller immediately contacts the Customer in order to determine the further procedure, including setting a different date for the order, changing the method of delivery.

§6 Delivery

  1. Ordered Goods are delivered in accordance with the Customer's choice, either directly to the Customer's address indicated in the online order form and confirmed by the Customer as the shipping address or collected in person at the personal collection point at the address provided during the execution of the order.

  2. The goods are always packed in a way corresponding to their properties, so that they are not damaged, lost or destroyed during transport.

  3. The customer is kept informed about the delivery costs, they are provided when the customer completes the online order form. The amount of shipping costs depends on the country to which the order is sent, the number of ordered goods, their weight and the method of sending the shipment.

  4. After receiving the package, the Customer who is a Consumer or a third party authorized by him should, if possible, carefully check the condition of the packaging, whether it has no signs of damage, unauthorized interference and whether its contents are in a intact. In the event of any damage or other irregularities, he should, if possible, draw up a damage report in the presence of the courier and notify the Seller. If the products appear to be damaged, the customer is requested not to accept the shipment, if possible. This provision in no way excludes or limits the rights of the Customer who is a consumer, e.g. as to the right to file a complaint, and is only intended to help the Online Store determine the damage and the person responsible for it. Reporting damage to the shipment does not depend on the protocol drawn up by the Buyer at the courier. The consumer has the right to read the order thoroughly.

  5. In the event of refusal to accept the shipment or inability to deliver it for reasons attributable to the Customer, the Seller has the right to charge the Customer with the costs incurred in connection with such a situation (e.g. costs of returning the shipment to the Seller or re-shipping it to the Customer) .
  6. If the Seller covers the Customer with damage caused during the transport of the Goods, the Customer's claims against the carrier in this respect, to the extent that they have been covered by the Seller, are transferred to the Seller. The transfer of claims to the Seller does not require the conclusion of a separate assignment agreement.

§7 Payment methods

  1. The Seller enables payment for the ordered Goods in the form of a prepayment to the bank account with the following number: 30109020110000000144525973

  2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online bank transfer via the online payment service PayU, PayPal, Przelewy24, Tpay.

  3. Cash on delivery of the ordered Goods (cash on delivery) - the Customer pays the courier by collecting the ordered Goods delivered via courier to the address indicated by the Customer in the order.

  4. The seller proceeds to fulfill the order after receiving information from the electronic payment operator about the correct authorization of the transaction or after posting the funds on the bank account for a traditional transfer. In the case of cash on delivery, the Seller proceeds to the order after its confirmation.
  5. The Seller documents the sale of the Goods in accordance with the Customer's request, either with a receipt or a VAT invoice. Proof of purchase in the form of a receipt or VAT invoice is delivered to the Customer together with the ordered Goods. For all ordered Goods in the Online Store, the Seller has the option of issuing a VAT invoice.

  6. If there is a need to return funds for a transaction made by the Customer with a payment card, the Seller will refund the funds to the bank account assigned to the Customer's payment card.

§8 Warranty

  1. The provisions of this paragraph apply to sales contracts concluded before January 1, 2023.
  2. Delivery of the Goods under the warranty for defects is at the expense of the Seller.

  3. The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Goods to the Consumer. The Seller is liable to the Consumer if the Consumer Good at the time of its release was inconsistent with the contract, has physical and legal defects. The Seller is responsible for non-compliance of the Consumer Good with the contract if it is found before the expiry of two years from the delivery of the Good to the Buyer, and if the Good is replaced, this period runs anew. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:

  1. does not have properties that a thing of this type should have due to the purpose specified in the contract or resulting from circumstances or destination;

  2. does not have properties the existence of which the Seller assured the Buyer, including by presenting a sample or pattern;

  3. is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller has not raised any objections to such a purpose;

  4. was delivered to the Buyer incomplete.

  1. Notification of defects in the Goods should be sent electronically to the Seller's e-mail address or in writing to the Seller's postal address (see §1 point 3.: "Seller's address"). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification may be sent, for example, on the form constituting Annex No. 2 to these Regulations, which is only to facilitate the complaint process, and does not constitute any requirement to use the above-mentioned template for effectiveness complaints.

  2. If it is necessary for the correct assessment of physical defects of the Goods, at the request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office (see §1 point 3.: "Seller's address ”) whenever the Product properties allow it.

  3. The Seller responds immediately to the Consumer's application, however, not later than within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is tantamount to its consideration by the Seller and recognizing it as justified.

  4. The Seller covers the costs of collecting the Goods, delivery, removing defects or defects and replacing the Goods with a new one.

§8a Responsibility for compliance of the Goods with the contract

  1. The provisions of this paragraph shall apply to sales contracts concluded from January 1, 2023.

  2. According to art. 43a et seq. of the Act of 30 May 2014 on consumer rights, the Seller is responsible to the Customer who is a consumer for the compliance of the Goods with the sales contract. The provisions regarding the consumer contained in this chapter apply to a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available based on the provisions on the Central Register and Information on Economic Activity.

  3. The Seller is not responsible for the non-compliance of the Goods with the contract in the scope referred to in art. 43a sec. 2 or 3 of the Act of 30 May 2014 on consumer rights, if the consumer, at the latest at the time of concluding the contract, has been clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract set out in art. 43a sec. 2 or 3 of the Act and clearly and separately accepted the lack of a specific feature of the Goods.

  4. The Seller is not responsible for the non-compliance of the Goods with the contract to the extent that the non-compliance of the Goods with the contract results only from incorrect installation of the Goods or using them incorrectly or inconsistently with their intended use.< /span>

  5. Delivery of the Goods as part of the exercise of the rights set out in this paragraph is at the expense of the Seller.

  6. The Seller is liable for the lack of conformity of the Goods with the contract existing at the time of its delivery and disclosed within two years from that moment, unless the expiry date of the Goods specified by the Seller, its predecessors legal entities or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Goods with the contract, which was revealed before the expiry of two years from the moment of delivery of the Goods, existed at the time of its delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract .

  7. A notification of non-compliance of the Goods with the contract should be sent by e-mail or in writing to the Seller's address.

  8. If the Goods are inconsistent with the contract, the consumer may demand that they be repaired or replaced. The Seller may make a replacement when the consumer demands repair or the Seller may make a repair when the consumer demands a replacement, if bringing the Goods into conformity with the contract in the manner chosen by the consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into compliance with the contract.

  9. If the Goods are inconsistent with the contract, the consumer may submit a statement of price reduction or withdrawal from the contract when:

  1. The Seller refused to bring the Goods into compliance with the contract;

  2. The Seller has not brought the Goods into compliance with the contract;

  3. the lack of conformity of the Goods with the contract continues, even though the Seller has tried to bring the Goods into conformity with the contract;

  4. the lack of conformity of the Goods with the contract is significant enough to justify a price reduction or withdrawal from the contract without prior use of the possibility of repair or replacement;

  5. it is clear from the Seller's statement or circumstances that he will not bring the Goods into conformity with the contract within a reasonable time or without undue inconvenience to the consumer.

  1. The Customer may not withdraw from the contract if the lack of conformity of the Goods with the contract is immaterial.

  2. The seller returns to the consumer the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the consumer's statement on the price reduction.< /span>

  3. In the event of withdrawal from the contract, the consumer immediately returns the Goods to the Seller at his expense. The seller returns the price to the consumer immediately, not later than within 14 days from the date of receipt of the Goods or proof of sending them back. The seller refunds the price using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.

  4. The seller responds to the customer's request within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is tantamount to its acceptance.

  5. The Seller covers the costs of receipt, delivery, removal of defects or replacement of the Goods with a new one.

§9 Deviation

  1. In accordance with the law, the Customer who is a Consumer pursuant to art. 27 of the Act of 30 May 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, has the right to withdraw from a distance contract without giving any reason.

  2. The right to withdraw from the contract is due within 14 calendar days from the moment of taking possession of the Goods by the Customer who is also a Consumer or a third party indicated by him other than the carrier.

  3. When the Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is then released from any obligations. What the parties have provided to each other shall be returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within fourteen days.

  4. The Customer who is a Consumer may withdraw from the contract by submitting a statement on the online form constituting Appendix 1 to these Regulations, sending it by e-mail or to the postal address of the Seller at the Customer's choice. Annex 1 is only an aid in withdrawing from the contract, it is not a model necessary to exercise the right to withdraw from the contract. The client may or may not use it. For effective withdrawal, it is enough to send a written statement to the Seller's address.

  5. To meet the deadline specified in point 2, it is enough to send the Customer's statement of withdrawal from the contract before its expiry.

  6. The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract and will inform the Customer accordingly about further proceedings, including how to return the Goods, and will provide answers to any questions.

  7. The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the item. The seller refunds the payment using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of payment refund, which does not involve any costs for him.

  8. If the Seller, after obtaining the consent of the Customer, has not undertaken to collect the Goods himself, the Seller may withhold the reimbursement of payments received, including the costs of delivering the item, until receiving the Goods back or the Customer's delivery of proof/confirmation of its return, whichever occurs first.

  9. The customer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller proposed that will pick up the Goods himself. To meet the deadline, it is enough to send back the Goods before its expiry.

  10. The Customer who is a Consumer bears only the direct costs of returning the Goods.

  11. The consumer has the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.

  12. The goods should be delivered to the Seller's Address (see §1 point 3.: "Seller's Address").< /p>

  13. The consumer is responsible for reducing the value of the item as a result of using it in a way going beyond what is necessary to establish the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and check the Goods, but only in the way they could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer cannot use the item normally otherwise, when withdrawing from the contract, he may be charged with additional costs due to the decrease in its value.

  14. The right to withdraw from the contract is not entitled to the Customer in relation to the contracts specified in art. 38 of the Act of 30 May 2014 on Consumer Rights, among others in the situation:

  1. for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he 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 entrepreneur has no control and which may occur before the deadline to withdraw from the contract;

  3. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs;

  4. in which the subject of the service is an item that deteriorates quickly or has a short shelf life;

  5. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

  6. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.

§10 Complaints procedure

  1. For the correct submission of a complaint, the Customer should provide his data such as: name and surname or company name, address of residence or company's registered office and e-mail address, subject of the complaint, if possible order number together with with an indication of the time period to which the complaint relates and the circumstances justifying the submission of the complaint (description of what it consists of) or what features the ordered Goods do not have, and according to the Seller's assurances or according to the way of presenting them to the Customer, they were supposed to have.

  2. If the Customer is a Consumer, he may request the replacement of the Goods for one that is free from defects instead of the removal of the defect proposed by the Seller, or instead of replacing the Product, demand removal of the defect, unless bringing the item into compliance with contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would be exposed by a different method of satisfaction.

  3. Unless separate provisions provide otherwise, the entrepreneur is obliged to respond to the consumer's complaint within 14 days from the date of its receipt. If the entrepreneur has not responded to the complaint within the time limit referred to above, it is considered that the complaint has been accepted. The entrepreneur provides the consumer with a response to the complaint on paper or another durable medium (e.g. USB stick or CD/DVD when responding to the complaint.)" 

  4. If the application is not considered within the specified period, it should be considered accepted by the Seller. A claim regarding withdrawal from the contract, if it is not considered within the deadline,is not tantamount to recognizing the submitted complaint

§11 Liability

  1. According to the provisions of law, the Creator whose moral rights have been infringed or threatened, he is primarily entitled to a claim for abandonment of this action, for restoring the status quo. If the action that caused the infringement was culpable, the Creator may demand compensation for the harm suffered or an appropriate amount of money for the indicated social purpose.

  2. By posting any content and making it available, the Customer voluntarily distributes it. The seller is not a content provider and does not identify with them in any way, he is only an entity that provides ICT resources. The customer declares that:

  1. has the right to use and share the content of proprietary copyrights, industrial property rights or related rights posted by them;

  2. accepts access to the information, data, images and other content published by the other Customer and the Seller, allows the Seller to use them free of charge;

  3. consents to the development, modification and interpretation of works within the meaning of the Act on Copyright and Related Rights.

  1. The customer is not entitled to:

  1. posting personal data of third parties, disseminating the image without the required permission or consent of the third party to whom the data pertains;

  2. posting content of an advertising and/or promotional nature, inconsistent with the purpose of the store's operation.

  1. It is forbidden for the Customer to post content that could, in particular:

  1. with the intention of violating the personal rights of third parties;

  2. posted in bad faith or that could be considered bad faith;

  3. infringe the rights of third parties, copyrights, related rights, industrial property rights, business secrets or confidentiality clauses, especially those defined as secret or top secret;

  4. posting offensive or threatening content directed at other people, statements commonly considered offensive, e.g. profanity;

  5. violate the legitimate interests of the Seller;

  6. sending or posting unsolicited commercial information (spam) within the Online Store;

  7. otherwise violate good manners, applicable law, social or moral norms.

  1. In the event of receipt of a notification by a third party, an authorized person or a state authority, the Seller reserves the right to modify or delete the content posted by the Customer, if it is found that they may constitute a violation of these Regulations or applicable law. The seller does not control the posted content on an ongoing basis.

  2. The customer should pay particular attention to the following provisions of these Regulations:

  1. § 2 pt. 3, 8, 10 and 11

  2. § 3 pt. 5 and 6

  3. § 4 pt. 1

  4. § 7 pt. 4

  5. § 8 pt. 2, 3

  6. § 9 pt. 1, 2, 3, 4, 5, 10, 11 and 12 and 13

  7. § 12 - full

  1. The specified provisions of the Regulations contained in point 7 and identified as those of particular importance, are only intended to help the Client better understand these regulations. This in no way diminishes the other regulations contained in these Regulations and not included in point 7 in the letter from a to g.

§ 12 Out-of-court methods of dealing with complaints and pursuing claims

  1. Information on out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures are made available at the offices and on the websites of poviat (municipal) Consumer Ombudsmen, social organizations whose statutory tasks are to protect Consumers, Provincial Inspectorates of the Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, < span lang="zxx" xml:lang="zxx">www.uokik.gov.pl/sprawy_indywidualne.php

  2. The consumer has, among others, the following options to use out-of-court methods of dealing with complaints and pursuing their claims:

  3. applying to the Provincial Inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute.

  4. applying to the permanent amicable Consumer Court operating at the Provincial Inspector of Trade Inspection with a request to settle a dispute arising from the concluded contract, address: www.uokik.gov.pl/wazne_adresy.php.

  5. ask for free legal assistance, e.g. to the Consumer Federation - website address: < span>www.federacjakonsumentow.org.pl.

  6. The Network of European Consumer Centers helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.

  7. The consumer may also use the platform of the online dispute resolution system (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution consumer dispute resolution system and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the following e-mail address: http://ec.europa.eu/consumers/odr/ The European ODR platform is a single common access point for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded Internet sales contract: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

  8. The use of out-of-court methods of dealing with complaints and pursuing claims is voluntary and may only take place if both parties to the dispute, i.e. the Seller and the Customer, agree to it.

§ 13 PROVISIONS CONCERNING ENTREPRENEURS

  1. The regulation and provisions in this paragraph 13 apply only and exclusively to Customers and Service Recipients who are not consumers.

  2. The seller reserves the right to withdraw from the sales contract concluded with a non-consumer customer within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract may take place without giving a reason and may not give rise to any claims on the part of the non-consumer customer against the seller.

  3. In the case of customers who are service recipients and who are not consumers at the same time, the service provider may terminate the contract for the provision of Electronic Services with immediate effect, even without indicating the reasons, provided that he has sent the customer an appropriate statement.< /p>

  4. The seller has the right to limit the available payment methods to several or to one, for individual or all goods. The seller may require prepayment in whole or in part, regardless of the selected payment method and the fact of concluding the sales contract.

  5. Risk of accidental loss or usProduct damage is transferred to the buyer when the seller releases the ordered product to the carrier. Upon delivery of the ordered product to the carrier, all benefits and burdens related to the goods are transferred to the non-consumer customer. In this case, the seller is not responsible for loss, shortage, damage from the moment it is accepted by the carrier until it is delivered to the customer.

  6. A customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for shipments of this type. If he finds that there has been a loss or damage to the product during its transport, he is obliged to perform all activities necessary and necessary to determine the liability of the carrier.

  7. The seller informs that in accordance with art. 558 § 1 of the Civil Code, liability under the warranty for the product towards a customer who is not a consumer is excluded.

  8. Seller's liability is limited to a single claim and all claims in aggregate, up to the amount paid. The seller is liable only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits.

  9. Any disputes between the online store and a non-consumer customer are submitted to the court competent for the seat of the seller.

§14 Rules for posting opinions and ratings of Goods

  1. The customer has the option of posting opinions and ratings (reviews) of the purchased Goods.

  2. In order to ensure the reliability and credibility of opinions on the Online Store website, the possibility of posting opinions and ratings is possible only for Customers with an active Customer Account in the Online Store who have previously purchased the reviewed Goods.

  3. The customer creates an opinion and makes an assessment through the form available on the Goods tab in the Online Store.

  4. The opinion and rating posted by the Customer must be related to the Goods and present the Customer's personal, subjective feelings related to it. The opinion or rating is not used to express comments addressed to the Seller regarding the services provided by him, but only to subjectively reflect the impression about the purchased Goods.

  5. Opinions and ratings are collected and processed by the Seller in particular for the following purposes: improving the attractiveness of the offer; collect information about the Goods and the Customer's experiences in this regard; improve the scope of the offered Goods and services and enable other Customers to read their opinions and ratings.

  6. The seller reserves the right to freely publish opinions on the online store's website, including the right to refrain from publishing or remove already published opinions and ratings in the event that their credibility raises objections, e.g. added by the Customer who has not purchased the Goods under review.

  7. The customer posts an opinion only at his own risk, confirming at the same time that he is its sole author, and thus accepts third party claims for infringement of their rights in connection with posting an opinion.< /span>

  8. It is forbidden to post opinions whose content violates copyright and/or related rights of third parties; is unlawful; contains advertising, marketing or competitive information in relation to the Seller.

  9. At the moment of issuing the opinion, the Customer grants the Seller a non-exclusive license to use the content of the opinion (in part or in whole) by recording, multiplying and disseminating via websites in a way that allows the content to be displayed on devices via the Internet at any place and time, regardless of the number and form of access, or via information carriers, in particular of an advertising nature, for the purpose of promotion and marketing of Products and the Online Store.

  10. The license is granted by the Customer without time, territorial and numerical limitations and without remuneration for the Customer and other entities entitled to the content. The license expires when the opinion is removed from the resources of the Online Store.

§15 Final Provisions

  1. The online store honors all customer rights provided for in the applicable law.

  2. If applicable law grants Customers who are consumers more favorable mandatory and legally required regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of applicable law and thus are binding for the /in owner.

  3. All content posted on the Online Store website (including graphics, texts, page layout and logos) are protected by copyright and are the sole property of the Seller. The use of this content without the written consent of the Seller results in civil and criminal liability.

  4. The shop owner, as the administrator of personal data, informs you that:

  • providing data is always voluntary but necessary to complete the order;

  • the person providing their personal data has the unlimited right to access all their data and rectify them, delete them (the right to be forgotten), limit processing, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, the data may, however, be made available to the competent state authorities in a situation where the relevant provision requires it.

  • The basis for the processing of personal data will be art. 6 sec. 1 point a) and the content of the general regulation on data protection.;

  • personal data will be stored and processed for the period necessary to complete the processing and execution of the order, but not longer than for a period of 3 years (2 years is the period for complaints and 1 year for any other claims and exceptional situations)

  • the person providing their personal data has the right to lodge a complaint with the UODO when they consider that the processing of personal data regarding the execution of the order violates the provisions of the general regulation on the protection of personal data of April 27, 2016;”

  1. In the scope of processing personal data of this store, the European Commission has not found an adequate level of protection by way of a decision, but the data will be properly secured using IT/legal solutions and measures.

  2. Your data will be processed in an automated manner, including in the form of profiling.

  3. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply, in particular:

  1. Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by dangerous goods (Journal of Laws 2000 No. 22, item 271, as amended).< /span>

  2. Act of 27 July 2002 on special conditions of consumer sales and on amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended);

  3. Act of 23 April 1964 Civil Code (Journal of Laws 1964 No. 16 item 93, as amended);

  4. Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);

  5. Act of 30 June 2000 on Industrial Property Law (Journal of Laws 2001 No. 49, item 508, as amended);

  6. Act of 4 February 1994 on copyright and related rights (Journal of Laws 2006 No. 90 item 631 as amended),

  7. Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827)

  1. The amended Regulations bind the Customers if the requirements specified in art. 384 of the Civil Code (i.e. the customer has been properly notified of the changes).

  2. The Seller reserves the right to amend the Regulations for important reasons, i.e.:

  1. changes in the law;

  2. changes in payment and delivery methods;

  3. currency exchange rate change,

  4. changes in the manner of providing services by electronic means covered by the regulations,

  5. changes to the Seller's data, including e-mail address, nuphone number.

  1. Changes to the regulations do not affect the orders already placed and implemented, the regulations in force at the time of placing the order apply to them. The seller informs about the intended change on the store's website at least 30 days in advance. In the event of non-acceptance of the amended regulations, the Service Recipients may terminate the contract with immediate effect within 30 days from the date of receipt of the message.

  2. Disputes arising as a result of the provision of services under these Regulations will be submitted to the Common Court for resolution at the choice of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.

  3. Appendices to the Regulations are its integral part.

  4. The sales contract is concluded in Polish, with the content in accordance with the Regulations.

  5. Customers of the above-mentioned store may access these Regulations at any time via the link on the main page of the website and download it and print it out, however, commercial use is protected by the LEGATO Law Firm.

  6. The Regulations come into force on January 1, 2023.


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