TERMS AND CONDITIONS OF THE WOOFCHILD.COM ONLINE STORE§1 Basic definitions §2 General provisions §3 Terms of the provision of services §4 Terms of the contract §5 Order fulfilment §6 Delivery §7 Payment methods §8 Warranty §9 Withdrawal §10 Complaint’s procedure §11 Responsibility §12 Out-of-court methods of dealing with complaints and redress. §13 Provisions regarding entrepreneurs §14 Final provisions
AdmissionDear Customers, these Regulations regulate the method of concluding sales contracts via the above-mentioned website, the rules for the implementation of these contracts, including delivery, rights and obligations under applicable law and the procedure for withdrawing from the contract and complaint procedure. The Regulations consist of four main parts: a) in § 1 to 3 – general provisions of these Regulations; b) in § 4 to 7 – the process of purchasing the Goods / Services has been described; c) in § 8 to 12 – regulations related to the determination of defects have been included Goods / Services and the right to withdraw from the contract; d) in § 13 to 14 – all other regulations have been included.
§1 Basic definitions
- Online store – https://woofchild.com/
- Seller – Woofchild Maja Ostrowska, NIP 8511695674
- Seller’s address – whenever the Regulations refer to the Seller’s address, it shall be understood therefore, the following data: a) headquarters: ul. Klimczaka 1, 02-797 Warsaw b) e-mail address: firstname.lastname@example.org
- 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, which the law grants legal capacity, which has concluded or intends to conclude sales contract.
- Consumer – art. 221 of the Civil Code: a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity.
- 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.
- Goods – Product, a movable item that the Customer purchases through the Online Store, ie Dog sweaters and accessories for animals.
- Order – Customer’s declaration of intent, submitted via the Online Store specifying: the type and quantity of the Goods in the Online Store’s assortment at the time of ordering, the method of payment, the method of delivery of the Goods, the place of release of the Goods and the Customer’s data.
- Order form – an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and execution of an Order, inter alia by adding Products to the electronic basket, and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Order fulfilment time – the time during 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 chosen by the Customer.
- Business Day – one day from Monday to Friday, excluding public holidays.
- Act on Consumer Rights, Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws from 2014, item 827 as amended).
§2 General provisions
- By placing an order 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.
- The data controller applies appropriate technical and organizational measures to ensure the protection of personal data corresponding to the threats and categories of data protected. First, it protects data against disclosure, removal, processing, loss, alteration, damage or destruction 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 instruction).
- The administrator of your personal data is Woofchild Maja Ostrowska, ul. Klimczaka 1, 02-797 Warsaw, NIP 8511695674, e-mail: email@example.com
- Each person whose data is processed has the right to: a) supervising and controlling the processing of personal data for which the seller keeps a collection of customer data of the above-mentioned store; b) obtain comprehensive information as to whether such a collection exists and is maintained by seller; c) determining who is the data administrator, determining his address, registered office, name, in situations where the administrator is a natural person to determine his name and surname and place of residence; d) obtain information about the purpose, scope, method and time of processing the data contained in such a collection; e) obtain information in an intelligible form of the data content; f) get to know the source from which the data concerning him originate, unless the data controller is obliged to keep information confidential in this respect classified or professional secrecy; g) requests to supplement, update, rectify personal data, temporarily suspend or remove them if they are incomplete, out of date, untrue or have been collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.
- The customer, in accordance with point 6, has the right to inspect the content of personal data being processed, correct them, and request deletion of such data. The personal data administrator is obliged to supplement, update, rectify data, temporarily or permanently suspend processing or remove them from the set on an ongoing basis and immediately after notification, unless the request concerns personal data, for which the procedure for supplementing, updating or rectifying them is specified in separate provisions of law, including the act.
- 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 if legally required or necessary for the execution of the order placed.
- The Customer may agree to receive advertising and commercial information by electronic means from the Seller by subscribing to the NEWSLETTER.
- Customer using the Seller’s Services provided through the Internet Store is obliged to comply with these Regulations to the extent that it is necessary to complete the order and is not contrary to applicable law and the principles of social coexistence.
- The Seller of the Online Store declares that the Goods available and sold in its Online Store are new, usable, safe and free from physical and legal defects. The goods fully correspond to the properties that are displayed and described on the website of the Online Store.
- The Seller carries out orders on the territory of Poland and orders placed by Consumers in Europe, and after prior arrangement of the terms of delivery, also in other countries.
- All the Goods available for sale in the Online Store have been introduced to the Polish market in a legal and legal manner. Information regarding the Goods on the website of the Online Store constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 of the Civil Code.
- NOTE: The prices of the Goods provided on the website of the Online Store do not include delivery costs, they are added only at the stage of choosing by the Customer the method of delivery of the ordered Goods.
- 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 Customer or a third party designated by him other than the carrier takes possession of the Goods.
- For the record. Due to the new provisions of the Civil Code, the legislator also planned to add Art. 38a to the Act on consumer rights, which will allow sole proprietorships to use the 14-day right of return – as follows: “Art. 38a The provisions on the consumer contained in this chapter shall apply to a natural person concluding a contract directly related to his business, if the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his business activity, made available under the provisions of the Central Business Activity Records and Information.”
- Art. 556 (4) The provisions on the consumer contained in this section, with the exception of Art.558 § 1, second sentence, shall apply to a natural person concluding a contract directly related to his economic activity, when the content of this contract shows that he does not have a professional character for that person, resulting in particular from the subject of his economic activity, made available on on the basis of the provisions on the Central Register and Information on Economic Activity.
- Verification of whether a given activity is of a professional nature will be carried out on the basis of CEiDG – Central Register and Information on Economic Activity – specifically on the PKD codes entered there, which define the types of economic activity.
- Entrepreneurs running a sole proprietorship will be authorized to:
- prohibited clauses used in contract templates;
- warranty for defects in the sold item;
- a recourse claim against the previous seller in connection with performance consumer complaints;
- the right to withdraw from a distance or off-premises contract within 14 days;
- The provisions relating to the consumer, contained in art. 385 (1) -385 (3) of the Civil Code concerning of unlawful 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 does not have a professional nature for it, resulting in particular from the subject of its business activity, made available on the basis of the provisions on Central Register and Information on Economic Activity.
- New Art. 385 (5) of the Civil Code applies only to prohibited contractual provisions (abusive clauses). The provisions on abusive clauses will be applied to sole proprietorships after January 1, 2021. The catalog of examples of twenty-three abusive clauses is included in Art. 385 (3) of the Civil Code On the other hand, in the current version of the register of abusive clauses kept by the President of UOKiK.
- The new regulations will apply to contracts concluded after January 21, 2021. The provisions of Art. 385 , art. 556 , art. 556  and Art. 576  of the act amended in Art. 1 shall 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.
- 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 the provision of services
- This Online Store provides services by electronic means, the condition for joining the contract is, first of all, completing the online order form in order to conclude a sales contract. Joining the contract is voluntary.
- The contract for the provision of services is concluded electronically in the form of enabling the Customer to complete the order form of the Online Store, the contract is concluded for a definite period of time when the Customer proceeds to fill in the form and is terminated upon withdrawal from completing the form or upon sending the completed form to the Seller. The process of completing the order form is organized so that each customer has the opportunity to read it before making a decision to conclude a contract or amend the contract.
- The service specified in point 1 is provided free of charge, but may require access to internet network.
- Electronic orders can be placed 24 hours a day. daily, 7 days a week. Store may be suspended for the duration of the leave.
- 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 for the conclusion of 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.
- Pursuant to Art. 8 sec. 2 GDPR, the controller, taking into account the available technology, makes reasonable efforts to verify whether the person exercising parental authority or custody of the child (under 16) has consented or approved it.
- The costs of the Customer related to access to the Internet and data transmission are borne solely by the Customer in accordance with the tariff of his supplier with whom the customer has signed a contract for the provision of Internet services.
§4 Terms of the contract
- 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 features of the ordered Product and its specification accordingly. Together with the selection of the Goods, the Customer fills in the online order form, indicating the data necessary for the Seller to perform 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.
- Registration of the Customer Account in the Online Store is voluntary and free of charge.
- If the Seller provides the possibility of ordering the Goods, the properties of which are made on the individual order of the Customer, the Customer sends, along with the online order form, the content necessary for the performance of the Goods, i.e. text, graphics, dimensions, etc., in accordance with technical requirements included in the description of the Goods or selects the appropriate specification of the Goods from those provided by the Seller of the variants of the available configuration options for the given Good.
- Immediately after receiving the order, the Seller shall send the Customer by e-mail to the e-mail address provided when placing the order, a declaration of acceptance of the order, which is also its confirmation. WITH upon receipt of the message by the Customer, a sales contract is concluded.
- 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 to be paid, along with delivery costs and the amount of discounts granted (if applicable).
- If the Customer has more discounts from several sources / promotions, they are subject to aggregation / summation only when it is clearly specified in the Promotion Regulations. If there is no provision as to the method of combining various promotions / discounts, only one discount (one promotion) can be selected at a given time purchase.
§5 Order fulfilment
- The Seller reliably carries out the Customer’s orders in the order in which they are received – each order is a priority and very important for us!
- The time of order fulfilment for a single Customer in Poland is from 1 to 5 working days from the date of sending the Order by the Customer. Shipment outside Poland will be delivered as soon as possible for the international transport service chosen by the customer. In the case of products with availability ‘on order’, the delivery time is specified on the product page. The time of order fulfilment consists mainly of the time of preparing the order (completing and packing the order, delivering the shipment to the courier, and in selected cases, the execution of the Goods). The time of delivery of the order depends on the chosen method of delivery, it may change depending on the type of means of transport indicated by the Customer.
- In the event of exceptional circumstances or the inability to execute the order in the indicated in point 2, the Seller shall immediately contact the Customer in order to determine the further course of action, including the establishment of a different date of order fulfilment, change of the method of delivery.
- The delivery of the Goods takes place via a courier company (InPost, UPS) or otherwise accepted by the parties, not involving excessive and unjustified costs on the part of the Seller and the Customer.
- The ordered Goods are delivered according to 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 order.
- The goods are always packed in a way that corresponds to its properties, so as not to be damaged, lost or destroyed during transport.
- The customer is informed about delivery costs on an ongoing basis, 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 quantity of ordered goods, their weight and the method of shipment.
§7 Payment methods
- The Seller enables payment for the ordered Goods in the form of a prepayment to the bank account.
- Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or by online transfer of electronic banking via the online payment service PayU, Stripe.
- Cash on delivery of the ordered Goods (cash on delivery) – the customer makes the payment to the courier by collecting the ordered goods delivered via a courier company to the address indicated by the customer in the order.
- The Seller documents the sale of the Goods in accordance with the Customer’s request, either by a receipt or a VAT invoice. A proof of purchase in the form of a receipt or a VAT invoice is delivered to the Customer together with the ordered Goods. The Seller may issue a VAT invoice for all Goods ordered in the Online Store.
- Delivery of the Goods under the warranty for defects takes place on Seller’s cost.
- The Seller is liable under the warranty if the defect is found before the expiry two years from the date of release of the Goods to the Consumer. The Seller is liable to the Consumer if the Consumer Goods at the time of its release were inconsistent with the contract, have physical and legal defects. The Seller is responsible for the non-compliance of the Consumer Goods with the contract if it is found before the expiry of two years from the release of the Goods to the Buyer, and in the event of replacement of the Goods, this period shall run 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: a) does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from circumstances or destination; b) does not have properties that the Seller has provided to the Buyer, including by presenting a sample or pattern; c) it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections as to its intended use; d) was delivered to the Buyer incomplete.
- Notification of defects in the Goods should be sent by e-mail to the e-mail address of the Seller 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 2 to these Regulations, which only facilitates the complaint process, does not constitute any requirement to use the above-mentioned template for effectiveness complaints.
- If it is necessary for the correct assessment of physical defects of the Goods, upon 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”) as soon as the Product properties allow it.
- The Seller shall respond immediately to the Consumer’s notification, but 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 considering it as justified.
- The Seller covers the costs of collecting the Goods, delivery, removing defects or defects and replacing the Goods with a new one.
- 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, you have the right to withdraw from a distance contract without giving any reason.
- The right to withdraw from the contract is granted 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.
- 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 is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, not later than within fourteen days.
- The Customer who is a Consumer may withdraw from the contract by submitting a declaration on the online form constituting Annex 1 to these Regulations, by sending it by e-mail or to the Seller’s mailing address at the Customer’s choice. Annex 1 is only an aid in withdrawing from the contract, it is not a template necessary to exercise the right to withdraw from the contract. The client may or may not use it. For effective withdrawal, it is sufficient to send a written statement to the address of the Seller.
- To meet the deadline specified in point. 2, it is enough to send the Customer’s statement on withdrawal from the contract before its expiry.
- 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 the method of returning the Goods, and will provide an answer if any questions.
- The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer’s declaration of withdrawal from the contract, reimburse the Customer for all payments received from him, including the costs of delivering the goods. The Seller shall refund 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.
- If the Seller, after obtaining the consent from the Customer, did not undertake to collect the Goods himself, the Seller may withhold the reimbursement of payments received, including the costs of delivering the goods, until the Goods are returned or the Customer provides proof / confirmation of its return. whichever occurs first.
- 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 offered to collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry.
- The Customer who is a Consumer bears only the direct costs of returning the Goods.
- The consumer has the right to withdraw from a distance contract, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.
- The goods must be delivered to the Seller’s address (see §1 point 3: “Seller’s address”).
- The consumer is responsible for the decrease in the value of the goods as a result use it in a way that goes 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 that he could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer cannot use the things normally, otherwise, withdrawing from the contract, he may be charged with additional costs due to the reduction of its value.
- 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 May 30, 2014 on Consumer Rights, including in situation: a) for the provision of services, if the entrepreneur has fully provided the service with the express consent. A consumer who has been informed prior to the commencement of the provision that after performance of the service by the entrepreneur will lose the right to withdraw from the contract; b) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract; c) in which the subject of the service is a non-prefabricated, manufactured item according to the specifications of the Consumer or serving to satisfy his personalized needs; d) in which the subject of the service is an item that deteriorates quickly or has short shelf life; e) in which the subject of the service is an item delivered in a sealed one packaging which, after opening the packaging, cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery; f) in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
§10 Complaint’s procedure
- 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 registered office of the company and e-mail address, the subject of the complaint, if possible the order number along with an indication of the period of time to which the complaint relates and the circumstances justifying the submission of a complaint (description of what it consists of), or what features the ordered product does not have, and according to the Seller’s assurances or according to the method of presenting it to the Customer, it was supposed to have.
- .If the Customer is a Consumer, he may request the replacement of the Product with one that is free from defects instead of the one proposed by the Seller, removal of the defect or instead of replacing the Product, demand that the defect be removed, unless it is impossible to bring the Product into compliance with the contract in the manner chosen by the Customer, or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the 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 otherwise be exposed.
- 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 period 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 other durable medium (e.g. USB stick or CD / DVD, in response to the complaint.)
- If the application is not considered within the prescribed period, it should be considered as considered by the Seller. The claim to withdraw from the contract, if it is not processed on time, is not tantamount to accepting the submitted complaint.
- By posting any content and making it available, the Customer voluntarily disseminates 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: a) is entitled to use and share the content of proprietary copyrights, industrial property rights or related rights posted by them; b) placing and sharing as part of services, personal data, image, information regarding persons other than the Customer was carried out in a lawful, voluntary manner and with the consent of the content owners; c) accepts the access to the information, data, images and other content published by them by the other Customer and the Seller, and allows the Seller to use them free of charge; d) consent to the preparation, modification and interpretation of works within the meaning of the Act on copyright and related rights.
- The customer is not entitled to: a) posting personal data of third parties, disseminating the image without the required consent or consent of the third party to whom these data pertain; b) posting advertising and / or promotional content, inconsistent with the purpose of the store’s activity.
- It is forbidden for the Customer to post content that could, in particular:It is forbidden for the Customer to post content that could, in particular: a) with the intention of infringing personal rights of third parties; b) posted in bad faith or that could be considered as such; c) violate the rights of third parties, copyrights, related rights, property rights industrial, trade secret or confidentiality especially classified as secret or top secret; d) post content that is offensive or threatening to other people, statements commonly considered offensive, e.g. profanity; e) violate the legitimate interests of the Seller; f) sending or posting unsolicited information within the Online Store commercial (spam); g) violate good manners, provisions of applicable law and norms in a way social or moral.
- If a notification is received 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.
- The customer should pay particular attention to the following provisions of these Regulations: a) § 2 point 3, 8, 10 and 11 b) § 3 point 5 and 6 c) § 4 point 1 d) § 7 point 4 e) § 8 point 2, 3 f) § 9 point 1, 2, 3, 4, 5, 10, 11 and 12 and 13 g) § 12 – whole
- The specified provisions of the Regulations contained in point 7 and identified as being of particular importance, are only intended to assist the Client in a more precise understanding of these regulations. It in no way diminishes other regulations contained in these Regulations and not included in point 7 in letters from a to g.
§12 Out-of-court methods of dealing with complaints and redress
- Information on extrajudicial methods of dealing with complaints and redress, 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 include consumer protection, Voivodeship Inspectorates of Trade Inspection and under the following the addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
- The consumer has, inter alia, the following options for extrajudicial use ways of dealing with complaints and pursuing your claims: a) applying to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of a dispute. b) to apply to the permanent amicable consumer court operating at the Provincial Inspector of Trade Inspection with a request to resolve the disputeresulting from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php. c) requesting free legal aid, incl. to the Consumer Federation – website address www.federacjakonsumentow.org.pl.
- The Network of European Centers helps in resolving cross-border Customer disputes . The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.
- The consumer may also use the online resolution system platform disputes (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform is a single point of access for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded website sales contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
- The use of out-of-court complaint and redress procedures is voluntary and may only take place if both parties to the dispute, ie the Seller and the Customer, agree to it.
§13 Provisions concerning entrepreneurs
- The regulations and provisions in this paragraph 13 apply only to Customers and Service Users who are not consumers.
- 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.
- In the case of customers who are service recipients and who are not at the same time consumers, the service provider may terminate the contract for the provision of Electronic Services with immediate effect, even without giving reasons, provided that he has sent the customer a relevant statement.
- The Seller has the right to limit the available payment methods to several or one, for individual or all goods. The seller may require prepayment in full or in part, regardless of the chosen method of payment and the fact of concluding the sales contract.
- The risk of accidental loss or damage to the product passes to the buyer when the seller releases the ordered product to the carrier. Upon the delivery of the ordered product to the carrier, all benefits and burdens related to the goods are also transferred to the non-consumer customer. In such a case, the seller shall not be liable for any loss, defect or damage from the moment the carrier accepts it until it is delivered to the customer.
- A customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If he finds that there has been a loss or damage to the product during transport, he is obliged to perform all actions necessary and necessary to determine the liability of the carrier.
- 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.
- The seller’s liability is limited to a single claim, as well as for all claims in total, up to the amount paid. The seller is liable only for typical damages predictable at the time of concluding the contract and is not responsible for lost profits.
- Any disputes between the online store and a non-consumer customer shall be submitted to the court having jurisdiction over the seat of the seller.
§14 Final provisions
- The online store honors all rights of customers provided for in the provisions of applicable law.
- If the 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 the applicable law and are therefore binding on the above-mentioned owner.
- All content posted on the website of the Online Store (including photos, graphics, texts, page layout and logos) benefit from copyright protection and are the sole property of the Seller. The use of this content without the written consent of the Seller shall result in civil and criminal liability.
- The store owner, as the administrator of personal data, informs you that:
- providing data is always voluntary but necessary to perform the order;
- the person providing their personal data has unlimited access to all content of their data and their rectification, deletion (the right to be forgotten), processing restrictions, the right to transfer data, the right to withdraw consent at any time without affecting the lawfulness of processing, However, the data may be made available to the competent state authorities when required by the relevant regulation;
- the basis for the processing of personal data will be Art. 6 sec. 1 point a) and the content of the general data protection regulation;
- 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 complaint period and 1 year for any other claims and exceptional circumstances
- the person providing their personal data has the right to submit a complaint to the Personal Data Protection Office when it considers that the processing of personal data regarding the performance of the contract violates the provisions of the general regulation on the protection of personal data of April 27, 2016.
- In terms of the processing of personal data of this store, an appropriate level of protection has not been determined by the European Commission by way of a decision, but the data will be properly secured by means of IT / legal solutions and measures.
- Your data will be processed in an automated manner, including in the form of profiling.
- In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
- The amended Regulations are binding for the Customers if the requirements specified in art. 384 of the Civil Code (ie the customer has been properly informed about the changes).
- The Seller reserves the right to amend the Regulations for important reasons it is:The Seller reserves the right to amend the Regulations for important reasons, it is: a) changes in the law; b) changes in payment and delivery methods; c) changing the exchange rate, d) changes in the method of providing services by electronic means covered by the regulations, e) changes to the Seller’s data, including e-mail address and telephone number.
- Amendments to the regulations do not affect the placed and already implemented orders, the regulations in force at the time of placing the order shall apply to them. The seller informs about the intended change on the store’s website at least 30 days in advance. If the amended regulations are not accepted, the Customers may terminate the contract with immediate effect within 30 days from the date of receipt of the message.
- Disputes arising as a result of the provision of services under these Regulations will be submitted to the General Court at the choice of the Customer who is also a consumer, in accordance with the relevant provisions of Polish law.
- Annexes to the Regulations constitute its integral part.
- The sales contract is concluded in Polish or English, with the content in accordance with Regulations.
- Customers of the above-mentioned store can access these Regulations at any time by via the link on the main page of the website and download it and print it, however, commercial use is protected by the LEGATO Law Firm.
- The Regulations enter into force on October 19, 2021.