Regulations of the Internet Shop – www.pelnoreklam.pl
I. General provisions
- These Regulations define the general conditions, the manner of providing electronic services and sales conducted via an online store www.pelnoreklam.pl. The Shop is run by Elżbieta Świeboda, who conducts business activity under the name PEŁNO REKLAM ELŻBIETA ŚWIEBODA, registered in the Register of Entrepreneurs of the Central Register and Information on Business Activity conducted by the Minister of Entrepreneurship and Technology at Ignacego Łukasiewicza 61a, 38-460 Jedlicze, NIP 6842350554, REGON 383857070, hereinafter referred to as the Seller.
- Contact with the Seller is possible via
- e-mail address: email@example.com;
- phone number: +48 510 919 712;
- contact form available on the Online Store website.
- These Terms and Conditions are permanently available on the website www.pelnoreklam.pl, in a manner allowing for its acquisition, reproduction and consolidation of its content by printing or saving on a carrier at any time.
- The Seller informs that the use of services provided electronically may be associated with risks on the part of any user of the Internet, consisting in the possibility of introduction of harmful software to the Client’s information and communication system and acquisition and modification of its data by unauthorized persons. In order to avoid the risk of such threats, the Client should use appropriate technical measures to minimize their occurrence, in particular anti-virus and firewall software.
The terms used in the Regulations shall mean:
- Business days – these are days from Monday to Friday excluding public holidays;
- Customer – a natural person with full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who places an Order at the Online Store or uses other Services available at the Online Store;
- Civil Code – Act of 23 April 1964. (Journal of Laws No. 16, item. 93 as amended);
- Account – part of the Online Shop assigned to a given Client, by means of which the Client may perform certain actions within the Online Shop;
- Consumer – Customer who is a consumer within the meaning of Article. 22 of the Civil Code;
- Entrepreneur – A Client who is an entrepreneur in the meaning of Article 43 of the Civil Code;
- Carrier – entity or person delivering the Goods ordered by the Customer;
- Terms and Conditions – this document;
- Goods – product presented in the Online Store, whose description is available next to each of the presented products;
- Sales Agreement – Agreement for sales of Goods, as defined by the Civil Code, concluded between the Seller and the Client;
- Services – services rendered by the Seller to the Clients electronically, within the meaning of the Act of 18 July 2002 on rendering electronic services (Journal of Laws no 144, item 1204 as amended);
- Consumer Rights Act – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
- Act on provision of services by electronic means – Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
- Order – Customer’s declaration of will that aims directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.
III. Rules of using the Internet Store
- The use of the Online Store is possible on condition that the IT system used by the Customer meets the following minimum technical requirements
- computer or mobile device with access to the Internet,
- access to electronic mail,
- internet Explorer version 11 or later, Firefox version 28.0 or later, Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1 or later,
- Using the Online Store means any action by the Customer which leads to his/her familiarization with the content contained in the Store.
- In particular, the Customer is obliged to
- not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,
- use the Internet Shop in a manner not interfering with its functioning, in particular by using specific software or devices,
- not to undertake actions such as: sending or placing within the scope of the Internet Shop unsolicited commercial information (spam),
- use the Internet Shop in a manner not burdensome for other Clients and the Seller,
- to use any content placed in the Internet Shop only within the scope of own personal use,
- to use the Internet Shop in a manner compliant with the provisions of the law in force on the territory of the Republic of Poland, with the provisions of the Terms and Conditions, as well as with the general principles of using the Internet.
- The Seller makes it possible through the Internet Shop to use free Services, which are provided by the Seller 24 hours a day, 7 days a week.
- The service of running an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, available on one of the pages of the Online Shop. The contract for the provision of the service consisting in creating an Account in the Online Store is concluded for an indefinite period of time and shall be terminated when the Customer submits a request to delete the Account or uses the “Delete Account” button.
- Customer has the ability to send messages to the Seller using the contact form. Agreement for the provision of services consisting in making available an interactive form that allows Clients to contact the Seller is concluded for a definite period and is terminated at the moment of sending a message by the Client.
- The Client has the possibility to place in the Online Store individual and subjective statements relating to, among others, Goods or the course of the transaction. By adding his or her statements, the Customer declares that he or she owns all rights to these contents, in particular copyrights, related rights and industrial property rights. The contract for the provision of services consisting in posting opinions about Goods in the Online Store is concluded for a definite period of time and terminates as soon as the opinion is added.
- Statements should be edited in a clear and understandable way, moreover, they can not violate applicable law including third party rights – in particular, they can not be defamatory, infringe personal rights or constitute an act of unfair competition. The posted statements are disseminated on the Internet Store’s website.
- By posting statements, the Customer agrees to the free use of those statements and their publication by the Seller, as well as to the development of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83).
- Seller has the right to organize occasional competitions and promotions, the terms of which will be specified on the Store’s websites. Promotions at the Online Store are not combinable, unless the Regulations of a given promotion state otherwise.
- In case of violation by the Customer of the provisions of these Regulations, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days’ notice.
V. Procedure for conclusion of the Sales Agreement
- Information about the Goods given on the websites of the Store, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a Contract, within the meaning of Article 71 of the Civil Code.
- All Goods available at the Internet Shop are brand new and have been legally introduced to the Polish market.
- The condition of placing an Order is having an active e-mail account.
- Actions aimed at concluding a Contract by the Entrepreneur, in particular placing an Order can be performed only by persons duly authorized to act on behalf of the Entrepreneur. It is assumed that a person who places an Order is a person authorized by the Entrepreneur to do these things.
- In the event of placing an Order via the Order form available at the Online Store’s website, the Order is submitted to the Seller by the Client in electronic form and constitutes an offer to conclude a contract of sale of the Goods being the subject of the Order. An offer made in electronic form binds the Client, if the Seller sends to the e-mail address provided by the Client confirmation of acceptance for execution of the Order, which constitutes a statement of the Seller of acceptance of the Client’s offer, and at the moment of its receipt by the Client a Contract of Sale is concluded.
- Placing an Order at the Online Store through a contact form or sending an electronic message takes place on Working Days and during hours indicated on the Online Store website. For this purpose the Customer should
- specify in the contact form or in the electronic message addressed to the Seller the name of the Goods from among the Goods displayed on the website of the Online Store and its quantity,
- indicate the method of delivery and method of payment from among the methods of delivery and payment specified on the Store’s website
- provide data necessary for execution of the Order, in particular: first and last name, place of residence and e-mail address.
- Information on the total value of the Order, referred to in the above point, is provided each time by the Seller by way of electronic message, together with information that conclusion of a Sales Agreement by the Client entails the obligation to pay for the ordered Goods, and the Sales Agreement is concluded at that moment.
- In the case of the Client who is a Consumer, the Seller each time after submitting the Order via contact form or e-mail sends to the Client confirmation of the conditions of the Order.
- The Agreement is concluded at the moment when the Client, being a Consumer (in response to confirmation of the conditions of the Order sent by the Seller) sends an e-mail to the e-mail address of the Seller, in which the Client: accepts the content of the sent Order and agrees to its execution and accepts the content of the Regulations and confirms reading the instructions on withdrawal from the Agreement.
- The contract of sale is concluded in Polish, with the content consistent with the Regulations.
- The Seller reserves the right to refuse execution of an Order placed by the Entrepreneur, in particular, when the Order does not contain all relevant data, when the Entrepreneur is late with any payment to the Seller or for any other reason indicated by the Seller.
- The Seller shall inform the Entrepreneur by phone or e-mail about the refusal of the Order, regardless of the reason.
- The Seller may at any time withdraw from the Contract concluded with the Entrepreneur in whole or in part. If the Order is executed in parts, withdrawal has effect only in relation to that part of the Order which has not been executed, in particular, which has not been delivered to the Carrier, unless the content of the Seller’s statement of withdrawal from the Contract indicates otherwise
- The Seller shall, at its option, send a statement of withdrawal from the Contract, referred to in item 14 above, by e-mail to the e-mail address specified by the Customer in the Order.
VI. Delivery of
- Delivery of the Goods is limited to the countries of the European Union and is carried out to the address indicated by the Customer in the course of placing the Order.
- Delivery of the Goods is realized through a courier company (Carrier).
- The Seller at the website of the Store, in the description of the Goods, informs the Client about the number of working Days required for realization of the Order and its delivery, as well as about the charges for delivery of the Goods.
- Time of delivery and fulfillment of the Order are counted in business Days, in accordance with point. VII item 2.
- The Seller shall provide the Client with a proof of purchase.
- If for the Goods covered by the Order different lead times have been stipulated, the longest stipulated period shall apply to the entire Order.
- In case of Orders from Clients being Entrepreneurs, at the moment of handing over to the Carrier the Goods being the subject of the Order placed by the Carrier, the benefits and burdens related to the thing, as well as risk of accidental loss or damage of the thing, pass onto the Entrepreneur.
- Delivery is made on Business Days. In case of Entrepreneurs, the Seller may individually agree with the Entrepreneur delivery also on days other than Business Days.
- Delivery of Goods to the Client being Entrepreneur will take place at the time indicated by the Seller.
- Entrepreneur after receiving delivery of the Goods is obliged to check their condition. In the case of identifying any damage or other objections when the Goods are received by the Entrepreneur, a report of objections should be made in the presence of the Carrier, specifying the exact quantity and type of Goods and their damage in accordance with the procedure applicable at the given Carrier.
- The Seller, in relation to the Customer who is an Entrepreneur, shall not be liable for the actions of the Carrier.
- The Seller, in relation to the Client being Entrepreneur, shall not be liable for damages resulting from incorrect or incomplete data provided by the Client during the placement of the Order, as well as caused by incorrect contact details or address of receipt.
- It is assumed that the person collecting the Goods on behalf of the Entrepreneur is a person authorized by him to accept delivery and sign on his behalf on the delivery document, as well as perform other actions related thereto.
- In the case of the Entrepreneur’s failure to collect the ordered Goods once, if they were delivered through a Carrier, or failure to collect them within 7 days from receiving notification of readiness to collect the Goods at the Seller’s personal collection point, the Seller may, at its discretion, set another date for the Entrepreneur to collect or deliver the Order or terminate the Contract with the Entrepreneur immediately or withdraw from the Contract, in accordance with the principles specified in these Regulations. In addition, the Entrepreneur is obliged to pay the costs incurred by the Seller for failure to collect the Goods referred to in this subsection and the cost of shipping the Goods.
- The Entrepreneur shall be obliged to pay all costs incurred by the Seller due to failure to collect the ordered Goods by the Entrepreneur
- The Seller shall not be liable for any damages incurred by the Entrepreneur as a result of waiting for loading by transport organized by the Entrepreneur, as a result of failure to comply with the deadline for collection of the Goods indicated in the Order or specified by the Seller.
VII. Prices and payment methods
- Prices of Goods are given in Polish zloty and include all components, including VAT, customs duties and other fees. In relation to Clients who are Entrepreneurs, the Seller may use the net prices.
- The Customer may choose the following methods of payment
- bank transfer to the bank account of the Seller (in this case execution of the Order will begin after the Seller sends to the Client confirmation of acceptance of the Order, and shipping will be carried out immediately after receipt of funds to the bank account of the Seller and completion of the Order);
- cash on delivery, payment of the supplier at the time of delivery (in this case execution of the Order and its dispatch will be initiated after the Seller has sent the Client a confirmation of acceptance of the Order and completion of the Order);
- electronic payment (in this case execution of the Order will be initiated after the Seller sends the Client a confirmation of acceptance of the Order and after the Seller receives information from the system of the paying agent that the payment has been made by the Client, and the shipment will be made immediately after completion of the Order).
- The Seller shall inform the Client on the Store’s website about the time within which the Client is obliged to make payment for the Order. In case of non-payment by the Customer within the period referred to in the previous sentence, the Seller after prior ineffective calling for payment setting an appropriate period may withdraw from the Contract under Article. 491 of the Civil Code.
- The Entrepreneur shall not deduct or deduct amounts claimed or due from the Seller, under any other obligation that links it with the Seller or from the remuneration that the Seller is entitled to from the Customer, unless the Parties have agreed otherwise under separate arrangements.
- In the case of Orders made by Entrepreneurs, the Seller has the right to suspend implementation of Orders or delivery of Goods or may withdraw from the Agreement in whole or in part in the case of delay in payment by the Entrepreneur to the Seller. On this account, the Entrepreneur is not entitled to any present or future claims for damages or lost benefits that may arise in connection with the suspension of deliveries.
VIII. Right to withdraw from the Contract
- A Customer who is a Consumer may withdraw from the Contract without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send a statement before its expiry.
- The Customer may formulate the declaration on his or her own or use a declaration template made available by the Seller on the Shop’s website.
- The 14-day period shall be counted from the date of delivery of Goods or in the case of a Contract for the provision of Services from the date of its conclusion.
- Upon receipt of statement of withdrawal by the Consumer the Seller shall send to the Consumer’s e-mail address confirmation of receipt of the statement of withdrawal.
- The right to withdraw from the Agreement by the Consumer is excluded in the case of
- provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed before the provision of services, that after the performance by the Seller will lose the right to withdraw from the Agreement;
- Agreement in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the deadline for withdrawal from the Agreement;
- Contract, in which the subject of performance is the Goods not prefabricated, manufactured to consumer specifications or serving to meet his individual needs;
- Contract, in which the subject matter of the performance is the Goods that deteriorate quickly or have a short period of usefulness for use;
- Agreement in which the subject matter of the performance is the Goods supplied in a sealed package that cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
- Agreement in which the subject matter of the performance are Products, which after delivery, due to their nature, are inseparably connected with other things;
- Agreement in which the subject matter of the performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and whose value depends on market fluctuations, over which the Seller has no control;
- Agreement in which the Consumer has explicitly requested that the Seller came to him in order to make an urgent repair or maintenance; if the Seller provides in addition other services than those, the performance of which the Consumer has requested, or provides Goods other than replacement parts necessary for the performance of repair or maintenance, the right to withdraw from the Agreement shall be granted to the Consumer in relation to additional services or Goods;
- Agreement in which the subject matter of the supply are sound or visual recordings or computer programs supplied in sealed packaging if the packaging was opened after delivery; supply of newspapers, periodicals or magazines, except for the Agreement on subscription;
- A contract concluded by way of a public auction;
- A contract for the provision of accommodation services other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the date or period of service;
- Agreement for the supply of digital content which is not recorded on a tangible medium, if the provision of services has begun with the consumer’s express consent before the end of the period for withdrawal from the Agreement and after the Seller has informed him about the loss of the right to withdraw from the Agreement.
- In the case of withdrawal from the Agreement concluded at a distance, the Agreement is considered as not concluded. What the parties have provided shall be returned in an unchanged condition, unless the change was necessary in order to determine the nature, characteristics and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods shall be returned to the Seller’s address.
- The Seller shall promptly, but not later than within 14 days from the date of receipt of the Consumer’s declaration of withdrawal from the Agreement return to the Consumer all payments made by him, including the costs of delivery of the Goods. The Seller shall make reimbursement using the same method of payment as the Consumer used, unless the Consumer agrees to another way of reimbursement, and this method will not be associated with any cost to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, whichever event occurs first, unless the Seller has offered to collect the item from the Consumer himself.
- If the Consumer chose a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller shall not be obliged to reimburse the Consumer the additional costs incurred by him.
- The Consumer shall only bear the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints concerning Goods under warranty
- The Seller undertakes to deliver Goods without defects.
- The Seller shall be liable to the Client being the Consumer under the warranty for defects on the terms specified in Article 556 – 576 of the Civil Code
- Complaints arising from infringement of the Client’s rights guaranteed by law or on the basis of these Regulations should be addressed to PEŁNO REKLAM ELŻBIETA ŚWIEBODA, 61a Ignacego Łukasiewicza Street, 38-460 Jedlicze, to the e-mail address: firstname.lastname@example.org, telephone number +48 510 919 712.
- In order to consider the complaint, the Customer shall send or deliver the Goods complained of, if possible, attaching the proof of purchase. The Goods shall be delivered or sent to the address specified in item. 3.
- The Seller undertakes to consider each complaint within 14 days.
- In case of defects in the complaint, the Seller shall call the Customer to supplement it to the extent necessary, immediately, but no later than within 7 days from the date of receipt of the call by the Customer.
- In relation to the Customers who are Entrepreneurs, warranty is excluded
- The Seller shall not be liable to the Entrepreneur in particular in the event of storage, transport or use of Goods not in accordance with information contained in the description of the Goods, labels of the Goods.
- Liability of the Seller for lost benefits in relation to the Entrepreneur is excluded.
- Any liability of the Seller arising from the Sales Agreement or provision of Services to the Client is limited to half of the amount resulting from the last Order placed by the Client
- Entrepreneur shall not be entitled to any claims against the Seller on account of third party claims arising from the use of the Goods.
X. Complaints concerning provision of services by electronic means
- The Client can make complaints to the Seller in connection with the functioning of the Store and use of the Services. Complaints can be submitted in writing to the address: PEŁNO REKLAM ELŻBIETA ŚWIEBODA, ul. Ignacego Łukasiewicza 61a , 38-460 Jedlicze, to the e-mail address: email@example.com, phone number +48 510 919 712.
- In the complaint, the Customer should provide his/her name and surname, correspondence address, type and description of the problem.
- The Seller undertakes to consider every complaint within 14 days, and if this is not possible, to inform the Customer when the complaint will be considered. In case of defects in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the call by the Customer.
- The Goods may have the Seller’s guarantee.
- In the case of Goods covered by guarantees, information concerning the existence and content of the guarantee, as well as the period for which it is granted, is each time presented in the description of the Goods at the website of the Store.
XII. Out-of-court settlement of complaints and claims
- A Customer who is a Consumer has among others the following possibilities of using out-of-court complaint resolution and claim investigation methods
- is entitled to apply to a permanent amicable consumer court acting at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
- is entitled to apply to the regional inspector of the Trade Inspection to initiate mediation proceedings for the amicable termination of the dispute between the Customer and the Seller;
- may obtain free assistance in resolving a dispute between the Customer and the Seller, also using free assistance of county (city) consumer advocate or a social organization whose statutory tasks include protection of consumers (such as the Consumer Federation, Polish Consumer Association). Advice is provided by the Federation of Consumers at the toll-free Consumer Helpline number 800 007 707 and by the Polish Consumers’ Association at the e-mail address firstname.lastname@example.org;
- submit your complaint via the EU online ODR platform, available at http://ec.europa.eu/consumers/odr/.
XIII. Intellectual property
- The Customer, being an Entrepreneur, undertakes not to use the trademarks, trademarks or symbols of the Seller without the prior consent of the Seller.
- Any drawings, specifications, technical sheets, advertising materials or other materials made available by the Seller to the Client or publicly, are the exclusive property of the Seller. The Client shall not make any changes in these materials without the prior consent of the Seller.
- Entrepreneur, on his own or on the basis of an appropriate authorization, grants the Seller a free, non-exclusive, time- and territory-limited license for the logotype of the Entrepreneur’s business, to use it for his own purposes of the Seller’s business in the following fields of operation: recording, multiplication by any technique, entering the work into computer memory and into a computer network, public display or reproduction on the Internet, in particular on the website of the Seller.
- The Client agrees to include the above data in the list of the Seller’s clients, available, among others, on the Seller’s website.
XIV. Personal data protection
XV. Final provisions
- All rights to the Online Store, including property copyright, intellectual property rights to its name, domain name, Online Store website, as well as to the forms, logos belong to the Seller, and their use can be performed only in the manner specified and in accordance with the Terms and Conditions.
- Settlement of any disputes arising between the Seller and the Customer, who is a Consumer, is subject to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
- All cases and disputes arising from the Orders or contracts concluded between the Seller and the Entrepreneur, in particular those related to establishing the existence of legal relationship linking the Seller and the Entrepreneur, its execution, termination, invalidation and seeking damages for non-performance or improper performance of the Order or the Contract shall be subject to the exclusive jurisdiction of competent courts of the Republic of Poland and Polish law.
- The court exclusively competent to settle all disputes arising from Contracts or execution of Orders concluded between the Seller and the Entrepreneur shall be the court competent for the registered office of the Seller.
- In matters not covered by these Regulations shall be governed by the provisions of the Civil Code, provisions of the Act on Providing Services by Electronic Means, provisions of the Act on Consumer Rights and other applicable provisions of Polish law.
- Each Consumer shall be informed of any amendments to these Regulations by information on the main page of the Online Shop containing a summary of amendments and the date of their entry into force. Customers who are Consumers and have an Account shall additionally be informed of changes together with their summary at the e-mail address indicated by them. The effective date of changes in relation to Consumers shall not be less than 14 days from the date of their announcement. If a Consumer who has a Client Account does not accept the new content of the Terms and Conditions, is obliged to notify the Seller of this fact within 14 days from the date of informing about changes to the Terms and Conditions. Notification to the Seller of the lack of acceptance of the new content of the Regulations shall result in termination of the Agreement. Changes in the Terms and Conditions come into force for customers who are entrepreneurs on the date of its publication on the website of the Store. Changes do not apply to Orders placed before the effective date of the Regulations.