Terms and conditions of Online Shopping
§ 1. Introduction
1. These regulations define rules for online Shop available via www.dziendobrysklep.com – hereinafter referred to as Shop.
2. Owner and the administrator of the Shop is the company under the name PARKITA LTD with its head office located in HORSHAM RH12 4NL MEDWAY COURT, BIRCHES ROAD, with registration numbers: GB5832622967, NIP5263158729, email: firstname.lastname@example.org, contact number: +48 515 422 558.
3. An integral part of these regulations are:
1. A model statement of withdrawal from the contract
2. A model of complaint form
By the terms used in these regulations is meant:
1. Regulation – this Regulations in terms of services by electronic means provided by Seller as part of the Shop, referred to in article 8 act from 18th July 2002 about providing service by electronic means (on the provision of electronic services (t.j. Dz.U. z roku 2017, poz. 1219).
2. Seller (service provider) – owner indicated in §1 par. 2.
3. Client (Buyer) – physical person, minimum age 13, and in case if the person is under 18 there is required agreement its legal representative, also legal unit and organisational unit not being legal unit, which special regulations gives legal capacity, and who makes or intends to make an Order or uses other services of the Online Shop (including the Consumer).
4. Product – Goods presented at Online Shop together with description (on listed subpages) in form of invitation to bid.
5. Commodity or Goods – it is understood the goods offered by the Seller for retail sale available in the Shop.
6. Price – suppose to be understood as gross price of the Good which stands next to information about the Good, not including the Costs of delivering the Good. Price of the Goods visible on Shop website are expressed in EURO, USD including VAT.
7. Delivery – is understood as delivery company cooperating with the Seller. In case, if Seller undertake cooperation with UPS or other public operator, UPS or other public operator will be considered as a Delivery.
8. Costs of delivery – is understood as cost of Goods delivery to the Client
9. Contract of sale – Goods contract of sale in as understood in act of Civil Code from 23rd of April 1964, hereinafter referred to as Civil Code, concluded between Service provider and Client, with usage of long distance communication means – on web site of the Shop
10. Parties of the contract – Service provider and Client
11. Order – Customer’s declaration of will clearly specifying the type and quantity of Products, aimed directly at the conclusion of the Distance Selling Agreement via the Shop, based on the information contained on the registration form
12. Consumer – a physical person using service of the Shop because of the purpose directly linked with its economical or professional activity.
§3 General rules
1. The condition for placing the Order by the Buyer is being familiar with these Regulations and accepting its resolve. By placing the order Buyer accepts the content of the Regulations.
2. Informations about the Product together with the Prices visible on the websites of the Shop are only invitation to conclusion of the contract in accordance with understanding the article 71 of Civil Code. Through placing the order via Shop, Client places offer of buying the Product.
3. Sale and purchase contract is being concluded at the moment of receiving the Clients offer (per.2) by the Seller, and the Client is being informed about it immediately by the e-mail address .
4. All Products offered in the Shop are brand new, free from any physical and legal defects and in legal way entered polish market.
5. Physical place for the conclusion of the contract is Radwańska 9/6, 90-452 Łódź, Poland. The place of finalising the contract is delivery address indicated by the Buyer.
§4 Placing the order
1. Orders are accepted through the Shops website available at the address: www.dziendobrysklep.com
2. The orders via the website can be placed 24 hours a day, 7 days a week, throughout the year.
3. All amount given in the Shop are gross prices given in EURO, USD(including VAT). Prices do not include shipping costs.
4. Customers authorised to place orders for goods are customers:
- Having the status of a registered Shop user.
- Not having the status of a registered Shop user – making a purchase without using the registration and login procedure.
5. The status of a registered Shop user is obtained after the following activities:
- Filling in the proper way of the registration form located on the Shop’s website (in particular providing the personal data required in the form and determining the password by the Customer),
- Activation of the account by entering the link sent to the Customer’s e-mail address, the registration is carried out once at each subsequent order, the Customer uses the e-mail address and password provided earlier on the website. After the life of the e-mail given and the password set by the Client, he can update the date provide during registration. E-mail and password are confidential.
6. The Customer who has the status of a registered Shop user places an order after logging into the Shop by adding the Product
7 After placing and paying for the purchase the Buyer receives a confirmation of the contract as an electronic letter and bill attached to the package constituting a document entitling to the use of the right of complaint or return of goods. In the case of playing for the lack of confirmation, please contact the Shop: email@example.com. The Buyer agrees to to issue and by sending an electronic image of billing documents electronically to the e-mail address indicated by them.
8. The purchase contract for the sale of Products is concluded at the time the time the Customer’s offer is accepted by the seller. The confirmation of the order takes place by sending to the Customer via e-mail the information in which the seller confirms the acceptance of the Client’s order.
9. The deadline for the order is up to 14 working days and it begins to affect the amount due the payment for the goods. Until the order is processed does not include Saturdays and public holidays.
10. If it is found that the Buyer has provided incorrect data or incomplete data which will make it impossible to execute the order, the seller will try to determine the correct data through the contact details he has. If contact with the Buyer is not possible, the seller has the right to cancel the order.
11. After placing and paying for the order the Buyer receives a confirmation of the contract as an electronic letter attached to the package constituting a document entitling him to use the rights of complaint or return of goods. In the case of payment of receivable s and lack of confirmation, please contact the Shop: firstname.lastname@example.org of Buyers agrees to be issued and sent electronically to the e-mail address provided by the, an image of billing documents. The Buyer agrees to issue and send an electronic image of billing documents electronically to the e-mail address indicated by them.
§5 Delivery, costs and shipping date
1. Deliveries are carried out on the territory of the whole world. The price will be given when choosing the country of delivery.
2. The goods are sent to the address indicated in the Shop’s order form, confirmed in the e-mail sent to the Buyer.
3. The goods are delivered by specialized courier companies.
4. The Buyer is charged with delivery costs specified in the transport pricelist, the amount of fees depends on the type of transport and method of payment.
5. Before collecting the parcel from the post or from the courier, check whether the package has not been damaged during transport. In particular the successor of the force or seals affixed to the shipment should be noted. If the packaging is damaged or the tape current is broken, do not accept the parcel and the courier’s presence to draw up a damage report and contact the seller as soon as possible in order to clarify the case. The lack of finding an irregularity in the scope constitutes a quantitative and qualitative parcel on delivery may have a negative impact on the result of the customer’s claims for damage or robbery of the shipment in transport, but it is not a decisive factor.
1. Payment for the ordered goods may take place according to the Buyer’s choice made on the order form:
- via electronic payments system PayPal,
- via bank transfer for the Shop’s account
- via card
2. From the some producers, the seller reserves the right to limit the patient method by excluding selected payment options on which the Buyer will be informed before placing an order.
1. Subject to act. 4 below, the Customer who is a Consumer can return the goods bought in the Shop without giving a reason and incurring the costs, submitting a declaration of withdrawal from the contract for the sale of goods in accordance with art, 27th of the Act of 30th of May 2014 on consumer rights, (this is the Official Journal of 2017 heading 683) hereinafter referred to as the Consumer Act. This entitlement the Customer can realise within 14 days of receipt of the goods. It is enough to send a statement before its expiry and a receipt. In the event of withdrawal from the contract for the sale of goods under the procedure specified in this paragraph, the seller within 14 days of submitting the statement on the withdrawal from the contract of sale of the goods.
2. In the event of withdrawal from the contract for the sale of goods, the contract for the sale of the goods is considered as not concluded.
3. Direct costs of returning the goods are borne by the customer. The Seller bears the costs of returning the goods only if the seller have previously agreed to raise other than the direct costs of returning the goods.
4. In the case when the Customer exercises the right to withdraw from the contract from the contract for the sale of goods after the request for commencement of the service by the seller before the end of the period for withdrawal of contract.
5. The seller returns to the Customer the amount due for the Product sent back by the Customer within 14 days counting from the date of delivery to the seller a statement on the withdrawal from the contract for the sale of goods.
6. A declaration of withdrawal from the contract may be submitted by the consumer on the form of which the model constitutes Annex 2 to the Consumer Act on the form constituting Annex 1 to these Regulations in a different written form in accordance with the Consumer Act.
§8 Product defects, Goods complaint
1. The seller is obliged to provide the Customer with goods free from defects
2. The seller is liable to the Customer on a warranty basis for physical or legal defects of the goods purchased by the Customer in the scope specified by the provisions of the Consumer Act and the provisions of the Civil Code.
3. For the avoidance of doubt, it is stated that none of the provisions of these Regulations limits the right of the Client as they are entitled to under the provisions of the laws in force in the territory of the Republic of Poland. In the case of determining the existence of a provision of this nature, the provision of the law in force in the Polish law, in particular the Civil Code and the Consumer Act, shall apply.
4. In the case of finding a defect in the goods, the Customer has the right to use his warranty in accordance with the provisions of the Civil Code, for example, by reporting a complaint.
5. In the exercising the right to submit a complaint, the Customer fills in the complaint form constituting Appendix 2 of these Regulations and it sends it along with the advertised commodity and proof of purchase to the address: Radwańska 9/6, 90-452 Łódź. The Shop does not accept parcels with cash on delivery.
6. The seller reserves the right to consider the complaint within 14 days from the moment of receiving the goods from the Customer and undertakes to inform the Customer about the actions taken.
7. In the case of consideration of the a complaint in favour of the Customer, the costs of replacing or repairing the goods are borne by the Seller.
8. In the case of sale not constituting consumer sales, the provisions contained the articles 556-576 of the Civil Code are excluded.
§9 Personal data protection
1. The administrator of databases of personal data provided by Shop Consumers in connection with purchases is the is the Seller. Seller keeps all security measures to protect the data entrusted to him.
2. Personal data are used to implement sales contracts, therefore they can be transferred to the entity responsible for the delivery of purchased goods to the Customer and in the case on instalments, the credit institution that makes purchases. Customers have the right to access their data and to correct it.
3. Data is transferred voluntarily.
§10 Technical conditions
1. In order to use the Shop properly it is required:
1. Internet connection
2. Internet browser
- Mozilla Firefox version 8.0 or higher,
- Microsoft Internet Explorer version 8.0 or higher;
- Google Chrome version 26.0.1410.64 or higher;
3. E-mail address in order to read confirmation and registration as wee as other messages provided by the regulations or legal regulations;
§11 Final Provisions
1. In matters not covered by this Regulations, the provisions of the generally applicable law apply with particular reference to the Civil Code and the Consumer Law.
2. User being a Consumer in the event of a dispute regarding the implementation of the provisions of these Regulations,may use amicable dispute resolution methods.
3. Disputes arising from the application of these Regulations and in connection with the execution of contracts concluded by the Shop and the Customers who are Consumers will be considered by the court competent in accordance with the provisions on property and local property in accordance with the Code of Civil Procedure.
4. In the case of non-consumer Customers – disputes will be considered be the competent court in Łódź.
5. The seller reserves the right to introduce changes to these Regulations, subject to the already agreements concluded before the change of regulations, the version of the regulations in force at the moment of placing the Order by the Customer is applied.
6. Both these regulations along with all attachments and the archival version of the previously applicable regulations are made available on the Shop’s website under the regulations in files PDF format.
7. These regulations enter into force on 26th of March 2018.
OTHER WAYS OF CONSIDERATION OF COMPLAINTS/DISPUTES
1. The consumer can use non-judicial means of dealing with complaints and persuing claims if the complaint is not accepted by the seller.
2. The use of non-judicial means of dealing with complaints and redress is not compulsory (unsolicited).
3. The seller stipulates that the following provisions of the Regulations are for information purposes and do not constitute an obligation to use extrajudicial dispute resolution and do not constitute an upper consent to participate.
4. Information on the possibility of the consumer using extrajudicial methods of dealing with complaints and redress, as well as the rules of access to these procedures are available at the Internet address of the Office of Competition and Consumer Protection. These information is also available at the offices and on the websites of province (city) consumer spokesman, social organization, which statutory tasks include consumer protection, Provincial Inspectorate of Trade Inspection.
5. The consumer has the following exemplary options to use extrajudicial ways to handle complaints and redress:
1. The consumer is entitled to apply to a permanent amicable consumer court operations under commercial inspection with a request to settle the dispute as a result of the concluded sales contract.
2. The consumer is entitled to apply to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the consumer and the seller.
3. The consumer may also take of the free help of a Poviat ( Consumer Ombudsman or a social organisation whose statutory tasks include consumer protection in order to obtain free assistance in resolving the dispute between the Consumer and the Seller.
4. The Customer also has a option of using out-of-court complaint and redress procedures in accordance with the rules set out on the website https://www.uokik.gov.pl in the Amicable Dispute Resolution of Consumers.