REGULATIONS OF Zegarynki ONLINE STORE
1. GENERAL PROVISIONS
1. The Zegarynki online store, operating at: www.zegarynki.pl, is run by Małgorzata Kobylańska, with its registered office at: ul. Otwarta 2/36, 80-169 Gdańsk, operating under the NIP number: 5831754224, REGON: 221034373.
2. These Online Store Regulations define the rules for making purchases in the Zegarynki online store, in particular the rules and procedure for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawing from the contract by the Consumer.
3. In terms of Services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended).
4. The Regulations are addressed to all Customers of the Store. All customers are required to read the provisions of the Regulations before making a purchase.
5. Each customer is obliged to comply with the provisions of the Regulations. The sale takes place on the basis of the version of the Regulations in force at the time of placing the order.
6. Each customer has the opportunity to read the Regulations at any time by clicking on the website of the Store www.zegarynki.pl in the hyperlink "Store Regulations". The regulations can be downloaded and printed at any time .
7. All information contained on the website of the Store www.zegarynki.pl relating to products (including prices), do not constitute an offer within the meaning of Art. 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended), but an invitation to conclude a contract, pursuant to Art. 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended). By sending the Order Form, the Customer submits an offer to buy the indicated Goods for the price and under the conditions specified in the description.
Regulations - this set of regulations that organize the rules of using the Store's Services by Customers.
Consumer - a natural person concluding a civil law contract via the Store, not directly related to its business or professional activity .
Customer - a natural person (including a Consumer) who is at least 13 years of age (provided that he has obtained the consent of a legal representative), a legal person and an organizational unit that is not a legal person, whose specific provisions grant legal capacity, which uses the Services provided by the Store .
Order Form - a service available on the Store's website, through which the Customer can make a purchase, in particular by adding Goods to the Basket and defining certain conditions of the Sales Agreement, including method of delivery and payment.
Shopping Cart - an element of the Store in which the Goods selected by the Customer are visible and in which the Customer has the option to determine and modify the Order data, including the quantity of Products purchased.
Store - website belonging to the Seller, available under the domain: www.zegarynki.pl, through which the Customer can purchase Goods from the Seller.
Seller - Małgorzata Kobylańska with headquarters at: ul. Otwarta 2/36, 80-169 Gdańsk, NIP: 5831754224, REGON: 221034373 which, when conducting commercial or professional activity, proposes to sell via its website.
Goods - a movable item traded between the Store and the Customer, the terms of sale of which are specified in the Order Form.
Sales contract - a distance sales contract concluded by the Customer via the Store, usually through the Order Form.
3. ACCEPTANCE AND FULFILLMENT OF ORDERS
1. The condition for using the Store is to read and accept these Regulations . By placing an order, the Customer accepts the content of the Regulations.
2. Orders from Customers are accepted by means of the Order Form sent via the website: www.zegarynki.pl or by e-mail to the address email@example.com, 7 days a week, 24 hours a day.
3. The Order of Goods is carried out by selecting the Goods that the Customer is interested in, clicking the "ADD TO CART" button next to the description of the Goods, and then, from the "CART" level in the Store tab, filling in the Order Form, including choosing the form of delivery and payment or choosing the payment on delivery option, if one is available for the selected Good, and then clicking the confirmation of purchase.
4. After placing the order, the Customer receives an order confirmation to his e-mail address provided in the Order Form.
5. After the Customer receives confirmation of the offer acceptance, the process of order fulfillment by the Seller begins, where:
a. in the case of placing an order paid on delivery - it begins on the next business day, after its confirmation by the Seller.
b. in the case of placing an order paid by traditional transfer - begins after the payment for the order is credited to the Store's bank account.
6. Orders placed in the Store are processed during the Store's working hours (on business days, from Monday to Friday , from 10:00 to 18:00. Orders placed on business days after 18:00, on Saturdays, Sundays or holidays, will be processed the next business day.
7. The customer will receive a message that the order has been accepted for execution, which is understood as the Seller's declaration of acceptance of the offer. From the date of its receipt by the customer, the sales contract is concluded.
8. A VAT receipt is issued for each order. At the customer's request, a VAT invoice will also be sent.
9. The available means of communication between the Customer and the Store is: e-mail - firstname.lastname@example.org
10. The price given in the order is the total value that the customer is obliged to pay (gross price). It includes the tax due. The cost of delivery is not included in the price, as it depends on the method of delivery chosen by the customer.
11. The Seller reserves the right to change the prices in the Store, to introduce new Goods for sale, to conduct and cancel promotional campaigns, or to introduce changes to them, in accordance with applicable law.
12. If the Consumer is obliged to pay in excess of the agreed price, described in the previous paragraph, the Store will immediately inform the Customer about this fact, explaining the reason for the price difference. The Customer will be charged with additional costs only after obtaining the Customer's express consent.
4. DELIVERY AND TRANSPORT COSTS
1. The order is shipped in the Store via:
2. The shipping fee (in PLN) via Poczta Polska is:
- PLN 15 (parcel up to 2 kg);
- PLN 15 (parcel up to 5 kg).
3. Orders placed in the Store are processed only on working days. Orders placed on Saturdays, Sundays and public holidays will be processed on the next business day.
4. The waiting time for the shipment is usually: 3. The waiting time consists of the order fulfillment time, ie the completion of the Goods for the order, and the expected delivery time, which is from 24 hours in the case of Poland.
5. The seller is not responsible for delays resulting from the fault of the carrier.
6. When collecting the parcel delivered by the courier, in his presence , the Customer should carefully check the content and completeness of the parcel, the condition of the external packaging and the condition of the ordered Goods. In the event of damage to the parcel, the Customer should prepare a damage report together with the courier, in two identical copies signed by the Customer and the courier.
7. It is possible to collect the ordered Goods in person at the stationary store at the following address: ul. Otwarta 2/36, 80-169 Gdańsk.
5. COMPLETION OF PAYMENT
1. As part of the functioning of the Store, the following payment methods are possible:
1. cash on delivery - on delivery;
2. by bank transfer;
2. The customer who has chosen the option of payment by bank transfer, is obliged to pay the fee for the order within 5 working days from the date of placing the order. In the opposite case, Seller's offer is not binding and the order is removed from the system. In the payment title, it is enough to provide only the number of the order being placed. It is possible to extend the payment deadline, provided that the Store staff is informed in advance .
1. The Seller is liable under the warranty for physical and legal defects of the Goods, to the extent specified in Art. 556 and following of the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended).
2. A physical defect of the Goods consists in the non-compliance of the Goods sold with the contract, which takes place when:
- The goods do not have the properties that it should have due to the purpose of the contract, resulting from the circumstances or destination;
- The goods do not have properties that the Seller has provided to the Customer;
- The goods are not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such a destination;
- The goods were delivered to the customer in an incomplete state.
3. A legal defect of the Goods occurs when the Goods are owned by a third party or are encumbered with the right of a third party, when the restriction in use or regulation results from a decision or ruling of a competent authority.
4. In the case of the Consumer, the public assurances of the producer or the entity that places the Goods on the market, in the scope of its business activity, or which presents itself as the producer, are treated equally with the Seller's assurances . However, the Seller shall not be liable if he did not know these assurances or could not know them, or when these assurances could not have influenced the Consumer's decision to conclude a sales contract, and when the content of these assurances was corrected prior to the conclusion of the sales contract.
5. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Customer.
6. In the case of the Consumer, when a physical defect has been found within one year from the date of the release of the Goods, it is presumed that the defect or its cause existed at the time of the release of the Goods.
7. If the buyer is a consumer and the physical defect has been found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the risk passed on to the buyer.
8. If the Product has a defect, the Customer may submit a declaration of price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Product with one free from defects or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a non-defective one or remove the defect.
9. If the product has a defect, the Customer may also request the replacement of the item with a non-defective one or removal of the defect.
10.The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Product with a product free from defects, or instead of the replacement of the Product, demand the removal of the defect, unless it is impossible to bring the Product to compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the manner of proposed by the Seller.
11. The customer cannot withdraw from the contract if the defect is irrelevant.
12. Complaints about the Goods may be submitted:
a. in writing, to the address of the Seller's seat;
b. by e-mail, to the e-mail address indicated in the confirmation of placing the Order.
13. The complaint should include:
a.data of the person submitting the complaint (name and surname, correspondence address, optionally - e-mail address and contact telephone number);
b. indication of the reason for the complaint and the content of the request;
c. the Order number appearing in the Order acceptance confirmation;
d. the original or a copy of the proof of purchase (e.g. a receipt or invoice) may facilitate the submission of a complaint, but it is not necessary for its submission.
14. The Customer who exercises the rights resulting from the warranty will deliver the defective Goods at the Seller's expense to the following address: ul. Otwarta 2/36, 80-169 Gdańsk.
15. The Seller undertakes to respond to the complaint within 14 days of its receipt.
16. If the complaint is justified, the Seller undertakes to replace the defective Product with one free from defects or to remove the defect within 14 days from the date of the complaint by the Customer.
17. In the event of effective withdrawal from the contract, the Seller undertakes to refund the payment within 14 days from the date of receipt of the withdrawal, with the proviso that the payment will not be refunded until the Goods are returned or the Consumer has provided proof of their return.
18. If the buyer who is a consumer has requested replacement of the item or removal of the defect, or submitted a price reduction statement , specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen days, it is considered that the request was considered as justified.
19. A claim for the removal of a defect or replacement of the Product with a Product free from defects expires after one year from the date of finding the defect. In the case of a Consumer, the limitation period may not end before the expiry of two years.
7. RIGHT OF WITHDRAWAL
1. In accordance with the Law on Consumer Rights of 30 May 2014. (Ie. OJ of 2020. Pos. 287, with amendments.) The consumer may withdraw from the contract of sale of goods purchased in the store, without giving reasons, by submitting an appropriate statement in writing, within 14 days from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). For the Consumer to meet this deadline, it is enough to send a statement before its expiry.
2. The consumer may withdraw from the contract by submitting to the Seller a declaration of withdrawal from the contract. The template of the declaration is attached as Appendix 1 to these Regulations.
3. The declaration of withdrawal from the contract should be sent to the following address: ul. Otwarta 2/36, 80-169 Gdańsk.
4. The consumer will return the Seller the Goods within 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to return the Goods before its expiry.
5. The goods should be returned to the Seller's address: ul. Otwarta 2/36, 80-169 Gdańsk.
6. The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the contract, will return to the Consumer all payments made by him, including the cost of delivering the Goods, but the payment will not be refunded until the Goods are received back or the Consumer has provided proof. his referrals.
7. The Seller will refund the payment using the same method of payment as used by the Consumer.
8. The consumer bears the costs of returning the Goods to the Seller.
9. The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to the contract:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- 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 packaging has been opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement ;
- 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;
- for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
10. The right to withdraw from a distance contract is not available to an entity other than the Consumer.
8 OUT-OF-COURT DISPUTE RESOLUTION
In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:
- Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
- Assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for consideration of the case before the arbitration court. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
- Free help from the municipal or poviat consumer ombudsman.
- ODR Internet platform available at: http://ec.europa.eu/consumers/odr/.
9. PROTECTION OF PERSONAL DATA
1. By placing an order, the Customer agrees to the processing of personal data provided by him, for the purpose of processing and handling the order, by the Seller, who is also the administrator of personal data, within the meaning of art. 7 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on the protection of data), OJ L 119, 4.5.2016, p. 1-88.
2. The administrator of personal data provided by the Customer when using the Store is the Seller.
3. Personal data contained in the Seller's database are not transferred to entities that do not participate in the implementation of the Sales Agreement.
4. The customer, in accordance with Art. 15 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on the protection of data), OJ L 119, 4.5.2016, p. 1-88 has the right to access their personal data, may request their correction or deletion. The Seller provides each Customer with the right to control the processed personal data.
5. Providing personal data is voluntary, however, the lack of consent to the processing of personal data makes it impossible to complete the Customer's order.
10. FINAL PROVISIONS
1. The Regulations define the rules for the conclusion and performance of the Contract for the sale of Goods on the Store's website.
2. The sales contract is concluded between the Customer and the Seller.
3. The Regulations are available to all Customers in an electronic version on the Store's website www.zegarynki.pl.
4. In order to be able to use the Store's Services, it is necessary to have devices that allow access to the Internet and a web browser that allows displaying websites, as well as providing an e-mail address that allows for sending information regarding the execution of the order.
5. It is forbidden for all persons, including customers, to post illegal content on the Store's website.
6. In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
7. The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, these provisions shall prevail .
8. Should any of the provisions of these Regulations be or would become invalid or ineffective, the validity of the remainder of the Regulations shall remain unaffected. In such a case, the Parties will replace the invalid or ineffective provision with others which as faithfully reflect the intended economic purpose. This also applies accordingly to any gaps in the Regulations.
Annex 1: Form of withdrawal by the consumer from the concluded contract
City: ___________, on: __________
Name : ________________
Address: ul. Otwarta 2/36, 80-169 Gdańsk
FORM FOR WITHDRAWAL BY THE CONSUMER
FROM THE CONTRACT UNDERTAKING TO TRANSFER THE OWNERSHIP OF ITEMS
Hereby, acting pursuant to Art. 27 of the Act on consumer rights of 30 May 2014 (i.e. Journal of Laws of 2020, item 287, as amended), reading as follows:
Art. 27 of the Act on consumer rights
A consumer who has concluded a distance or off-premises contract may, within 14 days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 sec. 2 and art. 35.
I would like to inform you about the withdrawal from the contract concluded on _______________, consisting in:
In connection with the above, I kindly ask you to return the following amount of money resulting from the withdrawal from the contract: PLN ______ (say: _________________________________), which should be transferred to the following bank account number: _________________________.
(handwritten signature of the Consumer)
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