PROAGMAR
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Terms and Conditions

Shop terms and conditions

www.proagmar.eu

 

I. Definitions.

  1. Shop: the online shop available at www.proagmar.eu, through which the Buyer can purchase the Goods available in the Shop.
  2. Seller: PROAGMAR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, registered at ul. GENERAŁA STANISŁAWA MACZKA 13 /3, 41-943 Piekary Śląskie, entered in the Register of Entrepreneurs of the National Court Register by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under KRS number 0000955119, tax identification number (NIP) 4980273630, REGON: 52132362000000, with share capital of PLN 5,000.00, correspondence address: ul. Gen. S. Maczka 13/3, 41-943 Piekary Śląskie, e-mail proagmar.pl@gmail.com, tel. +48 500 536 208.
  3. Personal data controller: the entity that determines the purposes and means of data processing. The controller of the Buyers’ personal data is the Seller.
  4. Online Shop Terms and Conditions: these terms and conditions for the provision of electronic services, setting out the rules for using the Shop and placing Orders for Goods available in the Shop.
  5. Privacy Policy: a document describing the purposes and methods of processing personal data, as well as the rights of data subjects.
  6. Consumer: an adult natural person with full legal capacity who makes a purchase from the Seller that is not directly related to their business or professional activity.
  1. Customer: an adult natural person with legal capacity, a legal person or an organisational unit without legal personality but with legal capacity, who makes a purchase from the Seller directly related to their business or professional activity.
  2. Customer-Consumer: an adult natural person who makes a purchase from the Seller directly related to their business activity, where the purchase is not of a professional nature for that person, as follows in particular from the subject of their business activity disclosed under the provisions on the Central Register and Information on Economic Activity.
  3. Buyer: the Customer, the Customer-Consumer and the Consumer alike.
  4. Order: a declaration of intent made by the Buyer aimed directly at concluding a contract with the Seller by completing and submitting the electronic purchase form available on the Shop’s website, including reading and accepting the Online Shop Terms and Conditions.
  5. Goods: all movable items available in the Shop.
  6. Durability of goods: the ability of goods to maintain their functions and properties during normal use.
  7. Complaint: the procedure for asserting the Seller’s liability for a lack of conformity of the Goods with the contract.
  8. Warranty: a voluntary statement regarding the quality of the Goods made by the Guarantor. It sets out the Guarantor’s obligations and the Buyer’s rights if the goods sold do not have the properties specified in the warranty statement. Goods covered by a warranty will be accompanied by the Guarantor’s warranty statements.
  9. Guarantor: the trader who has made the warranty statement, e.g. the manufacturer, importer or distributor of the Goods, or the Seller.
  10. Account: one of the electronic services provided in the Shop by the Seller. The Buyer may voluntarily register in the Shop, in particular to continue using the Shop’s services, save Goods to favourites or view the history of Orders placed in the Shop.
  11. Newsletter: one of the electronic services provided in the Shop by the Seller, consisting of sending marketing information electronically to the e-mail address provided by the Buyer, with the Buyer’s prior consent.

 

II. General provisions.

  1. Prices quoted by the Seller are expressed in Polish zloty (PLN) and are gross prices including 23% VAT.
  2. The Seller does not apply individual price adjustments based on automated decision-making.
  3. The Seller is registered for VAT.
  4. The Seller issues VAT invoices, sales bills and fiscal receipts.
  5. A request for a VAT invoice must be made to the Seller when placing the Order.
  6. Delivery of Goods within the territory of the Republic of Poland and within the European Union
  7. The Buyer is obliged to use the Goods offered by the Seller in accordance with the laws in force in the territory of the Republic of Poland and the provisions of these Terms and Conditions, and not to supply content prohibited by generally applicable law.
  8. All Goods offered by the Seller in the Shop are new.
  9. The Buyer is obliged to read the technical requirements necessary to use the Shop, set out later in these Terms and Conditions (Technical requirements).

 

III. Payment methods.

  1. The Seller offers the following payment methods:
  • a) standard bank transfer in PLN to the Seller’s account no.: PL76 1050 1230 1000 0090 8151 8764, ING BANK ŚLĄSKI, registered office in Katowice, ul. Sokolska 34, within 3 calendar days of placing the Order.
  • b) standard bank transfer in EUR to the Seller’s account no.: PL96 1050 1230 1000 0090 8180 6300, ING BANK ŚLĄSKI, registered office in Katowice, ul. Sokolska 34, within 3 calendar days of placing the Order.
  • c) standard bank transfer in USD to the Seller’s account no.: PL54 1050 1230 1000 0090 8151 8772, ING BANK ŚLĄSKI, registered office in Katowice, ul. Sokolska 34, within 3 calendar days of placing the Order.
  • d) online payment: online prepayment by bank transfer or by Visa or Mastercard card, BLIK, PayU instalments or leasing, via external payment systems, i.e.:

– PayU S.A., registered office in Poznań, 60-166 Poznań, ul. Grunwaldzka 186, entered in the Register of Entrepreneurs kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register, under KRS number 0000274399, share capital PLN 4,944,000 (fully paid up), NIP: 7792308495, (PayU)

– imoje is provided by ING Bank Śląski SA., ul. Sokolska 34, 40-086 Katowice, entered in the Register of Entrepreneurs at the District Court Katowice-Wschód, 8th Commercial Division of the National Court Register, under KRS number 0000005459, share capital of PLN 130,100,000.00, fully paid up, NIP: 634-013-54-75, REGON: 271514909

– LeaseLink: LeaseLink Sp. z o.o., registered office in Warsaw, ul. Grochowska 306/308, 03-840 Warszawa, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under KRS number 0000477046

– PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, supervised by the Luxembourg financial sector supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF). CSSF registered office: 283, route d’Arlon, L-1150 Luxembourg, trade register number: R.C.S. Luxembourg B 118 349, VAT number: LU22046007

  • e) cash on delivery: a payment option available when ordering Goods, whereby the Buyer pays on receipt of the Goods.

 

IV. Conclusion of the sales contract.

  1. To make a purchase in the Shop, go to the Shop’s website, i.e. proagmar.eu, and select the Goods, following the information displayed on the Shop’s website.
  2. To make a purchase, the Buyer must take the following steps:
  3. a) add the selected Goods to the basket,
  4. b) complete the order form with details such as the Buyer’s full name or company name,
  5. c) provide an e-mail address to which confirmation of the conclusion of the sales contract will be sent,
  6. d) details for issuing a receipt or invoice, if the Buyer wishes to receive one, including other billing details such as the tax identification number (NIP) and the name of the entity to which the invoice or receipt is to be issued,
  7. e) choice of payment method,
  8. f) acceptance of the Shop’s Terms and Conditions,
  9. g) confirmation of the intention to conclude the contract, including clicking the “Order with obligation to pay” button or a button with equivalent wording.
  10. Once the Buyer has entered all the details required to place the Order, an Order summary will be displayed.
  11. An Order sent by the Buyer constitutes the Buyer’s declaration of intent to conclude a sales contract with the Seller in accordance with these Terms and Conditions.
  12. After placing the Order, the Buyer will receive a message confirming the Order, which constitutes the Seller’s declaration of intent to conclude with the Buyer a sales contract covering the Goods. The sales contract is deemed concluded when the Buyer receives the message from the Seller.
  13. The Seller will provide the Buyer with confirmation of the distance contract on a durable medium, in particular in the form of the online Shop’s Terms and Conditions saved as a PDF on the basis of which the contract was concluded, within a reasonable time after its conclusion and at the latest at the time the goods are delivered.

 

V. Order fulfilment time and delivery of goods.

  1. Delivery of Goods within the Republic of Poland

InPost parcel locker (Paczkomat) / courier: orders placed and paid on working days by 13:00

are shipped the same day, with delivery within 3 working days.

  1. Delivery of Goods within the European Union

Courier

placed and paid on working days by 13:00

are shipped within 3 working days, with delivery within 30 working days

  1. Orders for products marked

“Made to order” placed and paid on working days by 13:00

Delivery within 30 working days for domestic shipments

Delivery within 60 working days for international shipments

4. Working days are Monday to Friday, excluding public holidays.

5. For cash on delivery Orders, the Goods are shipped within 3 working days after the Seller has confirmed the Order placed by the Buyer.

6. The Order fulfilment time does not include the delivery time of the Goods, which depends on the delivery method chosen by the Buyer.

7. The delivery costs of the Goods are communicated to the Buyer before the Buyer sends the Order.

8. The delivery cost depends on the delivery method chosen by the Buyer.

9. The Buyer can choose from several delivery methods, including:

a) InPost courier delivery: PLN 17.50, delivery time 1-2 days,

b) InPost courier delivery, cash on delivery: PLN 21.50, delivery time 1-2 days

c) InPost parcel locker (Paczkomat) delivery: PLN 15, delivery time 1-2 days

d) InPost parcel locker (Paczkomat) delivery, cash on delivery: PLN 18.50, delivery time 1-2 days

e) DPD courier delivery: PLN 17.50, delivery time 1-2 days,

f) DPD courier delivery, cash on delivery: PLN 21.50, delivery time 1-2 days

g) GLS courier delivery: PLN 17.50, delivery time 1-2 days

h) GLS courier delivery, cash on delivery: PLN 21.50, delivery time 1-2 days

i) Delivery by the carrier Rhenus: PLN 307.50, delivery time 1-3 days

j) International delivery within the European Union: the cost depends on the weight and dimensions of the parcel, and the customer is informed of it before making the purchase

– delivery time 5-60 days

10. Goods are delivered within the Republic of Poland and the European Union.

11. If, on receipt of the Goods, the Buyer finds mechanical damage to the contents of the parcel, an incomplete parcel or contents that do not match the Order, the Buyer is entitled to refuse to accept the parcel and should notify the Seller of the situation without delay. Where possible, in the event of damage the Buyer may draw up a damage report in the presence of the carrier’s representative (e.g. the courier). This will speed up the complaint procedure, but it is not required in order to pursue claims.

 

VI. Withdrawal from a distance contract.

  1. The Consumer and the Customer-Consumer have the right to withdraw from a distance contract without giving any reason and without incurring any costs, except for the costs specified later in these Terms and Conditions.
  2. Exceptions to the right of withdrawal are set out later in these Terms and Conditions, in the section Exceptions to the right of withdrawal.
  3. The period for withdrawing from a distance contract is 14 days, starting from the day after the Consumer or Customer-Consumer, or a third party other than the carrier indicated by them, takes possession of the Goods.
  4. Where the contract covers multiple goods delivered separately, in batches or in parts, the withdrawal period runs from taking possession of the last item, batch or part; where the contract consists in the regular delivery of goods over a fixed period, it runs from taking possession of the first item.
  5. The Consumer or Customer-Consumer is liable for any reduction in the value of the Goods resulting from using them beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
  6. The statement of withdrawal can be sent to the Seller’s e-mail address: proagmar.pl@gmail.com.
  7. The Consumer or Customer-Consumer may use Annex No. 2 to the Act of 30 May 2014 on Consumer Rights.
  8. The Consumer or Customer-Consumer may also write their own statement of withdrawal, stating:
  9. a) the identification and address details of the Consumer or Customer-Consumer,
  10. b) the name or code of the returned Goods,
  11. c) the date on which the Consumer or Customer-Consumer received the Goods,
  12. d) the bank account number or another method by which the Seller is to refund the cost of the Goods.
  13. The Seller will promptly send the Consumer or Customer-Consumer confirmation of receipt of the statement of withdrawal to the e-mail address they provided.
  14. In the event of withdrawal, the contract is deemed not to have been concluded.

 

VII. Exceptions to the right of withdrawal.

  1. Pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights, the Consumer and the Customer-Consumer have no right to withdraw from a contract:
  2. a) for the provision of services, if the trader has fully performed the service with the express consent of the consumer, who was informed before performance began that they would lose the right of withdrawal once the trader had performed the service;
  3. b) where the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the withdrawal period expires;
  4. c) where the subject of performance is non-prefabricated goods made to the consumer’s specifications or intended to meet their individual needs
  5. d) where the subject of performance is goods that deteriorate rapidly or have a short shelf life;
  6. e) where the subject of performance is goods supplied in sealed packaging which cannot be returned once opened for health protection or hygiene reasons, if the packaging was opened after delivery;
  7. f) where the subject of performance is items which, after delivery, by their nature become inseparably mixed with other items;
  8. g) where the subject of performance is alcoholic beverages whose price was agreed when the sales contract was concluded, whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the trader has no control;
  9. h) where the consumer expressly requested the trader to visit them to carry out urgent repairs or maintenance; if the trader additionally provides services other than those requested by the consumer, or supplies items other than the spare parts necessary to carry out the repair or maintenance, the consumer has the right to withdraw from the contract in respect of the additional services or items;
  10. i) where the subject of performance is sound or video recordings or computer software supplied in sealed packaging, if the packaging was opened after delivery;
  11. j) for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
  12. k) concluded by way of a public auction;
  13. l) for the provision of accommodation services other than for residential purposes, carriage of goods, car hire, catering, or services related to leisure, entertainment, sporting or cultural events, if the contract specifies the date or period of performance;
  14. m) for the supply of digital content not supplied on a tangible medium, if performance began with the consumer’s express consent before the withdrawal period expired and after the trader had informed them of the loss of the right of withdrawal.

 

VIII. Refunds and return of goods after withdrawal from a distance contract.

  1. The Seller will refund the money paid by the Consumer or Customer-Consumer within 14 days of receiving their statement of withdrawal, using the same payment method used by the Consumer or Customer-Consumer, unless the Consumer or Customer-Consumer agrees to a different refund method.
  2. The Seller may withhold the refund of money received from the Consumer or Customer-Consumer until the Goods have been received back from the Consumer or Customer-Consumer or until they have supplied proof of having sent the Goods back.
  3. The Consumer or Customer-Consumer should return the Goods without undue delay, and no later than 14 days from the date of withdrawal from the contract.
  4. Returns of Goods should be sent to the Seller’s address: Proagmar sp. z o.o., ul. Konstytucji 3 maja 38, 41-943 Piekary Śląskie, tel. +48 500 536 208, e-mail: proagmar.pl@gmail.com

 

IX. Reimbursement of delivery costs upon withdrawal from a distance contract.

  1. The Consumer or Customer-Consumer does not bear the cost of the return, except for the normal costs of sending the Goods back to the Seller.
  2. The normal return costs borne by the Consumer or Customer-Consumer include, in particular, the cost of the shipping packaging and the postage for sending the parcel to the Seller’s address.
  3. The Seller reimburses the Consumer or Customer-Consumer for the cost of delivering the Goods, calculated as the cheapest standard delivery method offered by the Seller.
  4. The Seller will not be obliged to reimburse the cost of delivering the Goods to the Consumer or Customer-Consumer where:
  5. a) the Seller delivered the Goods free of charge,
  6. b) the Consumer or Customer-Consumer returns some of the ordered Goods and the delivery costs were not calculated per item but for the entire Order.

 

X. Consumer rights in the event of non-conformity of the goods with the contract.

  1. The Seller undertakes to deliver Goods that conform to the contract.
  2. The Goods conform to the contract in particular if:
  3. a) in particular, their description, type, quantity, quality, completeness and functionality conform to the contract;
  4. b) they are fit for the purposes for which goods of this type are normally used, taking into account applicable laws, technical standards or good practice;
  5. c) they are supplied in the quantity and have the characteristics, including durability and safety, that are typical for goods of this type.
  6. If the Goods do not conform to the contract within 2 years of their delivery, the Consumer and the Customer-Consumer have the right to demand replacement or repair of the Goods and, if it is impossible to bring the Goods into conformity with the contract in this way or this is refused, to demand a price reduction or to withdraw from the sales contract.
  7. Complaints may be submitted in any form. For evidential purposes, the Seller recommends that complaints concerning the Goods be sent in writing or by e-mail to the Seller’s e-mail address.
  8. Each complaint should include at least:
  9. a) full name, address, postcode,
  10. b) the name of the Goods purchased,
  11. c) a description of the complaint,
  12. d) the date on which the non-conformity of the Goods with the contract became apparent,
  13. e) proof of purchase from the Seller (depending on the circumstances, any one of the following may be provided: receipt, order number, payment confirmation, the Seller’s e-mail confirming acceptance of the Order, etc.)
  14. The Seller will deal with the complaint without undue delay and no later than 14 days from the date of its receipt, sending a reply to the address indicated by the Consumer or Customer-Consumer, including an e-mail address, so that they can read the Seller’s position.
  15. The Seller will reimburse the Consumer or Customer-Consumer for the cost of sending back the Goods subject to the complaint without undue delay after dealing with a complaint concerning non-conformity with the contract.
  16. The Seller is liable for any lack of conformity of the goods with the contract which exists at the time of their delivery and becomes apparent within two years of that time, unless the period of suitability of the goods for use, as specified by the trader, its legal predecessors or persons acting on their behalf, is longer.
  17. Any lack of conformity of the goods with the contract which becomes apparent within two years of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise or unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
  18. The Seller will carry out the repair or replacement within a reasonable time from the moment it was informed by the Consumer or Customer-Consumer of the lack of conformity with the contract, and without significant inconvenience to the Consumer or Customer-Consumer, taking into account the nature of the goods and the purpose for which they were acquired.
  19. The costs of repair or replacement, including in particular postage, carriage, labour and materials, are borne by the Seller.
  20. The Consumer or Customer-Consumer makes the goods to be repaired or replaced available to the Seller.
  21. If repair and replacement are impossible or would involve excessive costs for the Seller, the Seller may refuse to bring the goods into conformity with the contract.
  22. When assessing whether the costs for the Seller are excessive, all circumstances of the case are taken into account, in particular the significance of the lack of conformity, the value of the goods if they were in conformity with the contract, and the significant inconvenience to the Consumer or Customer-Consumer caused by changing the way in which the goods are brought into conformity with the contract.
  23. The Seller is not liable for non-conformity of the Goods with the contract if it expressly informed the Consumer or Customer-Consumer that a particular feature of the Goods deviates from the conformity requirements, and the Customer-Consumer or Consumer, no later than at the time of concluding the contract, expressly and separately accepted the absence of that specific feature of the Goods, in particular by ticking the relevant acceptance box on the Order form or by sending the Seller an e-mail confirming such acceptance.
  24. If the goods do not conform to the contract, the Consumer or Customer-Consumer may submit a declaration of price reduction or of withdrawal from the contract where:
  25. a) the Seller has refused to bring the goods into conformity with the contract because this is impossible or would involve excessive costs,
  26. a) the Seller has not brought the goods into conformity with the contract within a reasonable time or without significant inconvenience to the consumer,
  27. b) the lack of conformity persists even though the Seller has tried to bring the goods into conformity with the contract;
  28. c) the lack of conformity is so significant that it justifies a price reduction or withdrawal from the contract without prior repair or replacement, or it is clear from the trader’s statement or from the circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the consumer. 2.
  29. The Seller will refund to the Consumer or Customer-Consumer the amounts due as a result of exercising the right to a price reduction without undue delay and no later than 14 days from the date of receipt of the consumer’s declaration of price reduction.
  30. The Consumer or Customer-Consumer may not withdraw from the contract if the lack of conformity of the goods with the contract is minor.
  31. If the lack of conformity concerns only some of the goods delivered under the contract, the consumer may withdraw from the contract only in respect of those goods, and also in respect of other goods purchased by the consumer together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.
  32. In the event of withdrawal from the contract, the Consumer or Customer-Consumer shall return the Goods to the Seller without undue delay, at the Seller’s expense. The Seller shall refund the price to the Consumer or Customer-Consumer without undue delay and no later than 14 days from the date of receipt of the Goods or of proof that they have been sent back.
  33. The Seller will refund the price using the same method of payment as that used by the Consumer or Customer-Consumer, unless they have expressly agreed to a different method of refund which does not involve any costs for them.

 

XI. Warranty.

  1. Some Goods may be covered by a warranty issued by the Guarantor (the manufacturer or distributor of the Goods).
  2. If a given item of Goods is covered by a warranty, the manufacturer or distributor encloses a warranty document with it.
  3. The warranty period and the scope of the Guarantor’s liability are set out in the warranty statement and in the description of the Goods or Product.
  4. Rights granted under the warranty are independent of the rights arising from non-conformity of the Goods with the Contract.

 

XII. Consumer reviews in the Shop.

  1. The Seller ensures that the reviews of Goods and/or of the Shop published in the Shop come exclusively from persons who have used or purchased the Product concerned.
  2. Reviews of Goods and/or of the Shop can only be posted after purchasing the Goods concerned, by Buyers who have previously placed an order in the Shop and whose Order has been fulfilled.
  3. Once the order has been fulfilled, the Seller will send the Buyer, within 14 days, a link for reviewing/rating the Goods or the Shop, which leads, for example, to a survey for rating the Goods and/or the Shop or to the product page.
  4. The Buyer may voluntarily rate the Goods and/or the Shop within a set period, e.g. 30 days of receiving the link that allows a review to be posted.
  5. Data is processed for the purpose of sending an e-mail requesting a rating of the Shop and/or the Goods on the basis of Art. 6(1)(f) GDPR, and this processing serves the legitimate interest of the data controller (the Seller), namely improving the offer and/or the Goods and/or the Shop by the Shop owner collecting reliable reviews of them.
  6. The Buyer’s personal data, in particular their e-mail address, is not disclosed to other persons or entities; it is used solely to verify whether the person giving the rating is actually the person who ordered the Goods concerned, and is kept for the Seller’s information only.

 

XIII. Personal data protection.

  1. The controller of the personal data provided while using the Shop is the Seller.
  2. The Buyer’s personal data is processed for the purpose of concluding and performing the sales contract, including delivering the Product, on the basis of Art. 6(1)(b) GDPR. Providing personal data for this purpose is necessary.
  3. The purposes and scope of data processing, the entities to which data will be transferred and the rights of data subjects are described in the Privacy Policy (GDPR) available at https://proagmar.eu/polityka-prywatnosci/

 

XIV. Technical requirements for using the Shop, Products and Services.

  1. To use the Shop, the Buyer needs:
  2. a) a device with Internet access (computer, tablet, phone);
  3. b) a properly configured web browser that supports cookies: Microsoft Edge, Opera, Mozilla Firefox, Safari, Google Chrome (recommended: Mozilla Firefox version 24.0 or later, Opera version 10 or later, Google Chrome version 28.0 or later), with support for cookies and JavaScript. Other browser versions may be used provided they are fully compatible with the versions listed above.
  4. c) an active, properly configured e-mail account that allows the Buyer to receive e-mail messages.
  5. For safe use of the Shop, it is recommended that the device used by the Buyer has, in particular:
  6. a) up-to-date antivirus software,
  7. b) an effective firewall,
  8. c) the available security updates for the operating system and web browser installed,
  9. d) cookies and JavaScript enabled in the web browser,
  10. e) software capable of opening .PDF/.DOC/.XLS files
  11. The Buyer is obliged to use the Goods offered by the Seller in accordance with the laws in force in the Republic of Poland and the provisions of the Online Shop Terms and Conditions, and not to provide content prohibited by generally applicable law.
  12. The Seller is not responsible for the Buyer’s failure to meet the technical requirements set out above that are necessary to work with the ICT system the Buyer uses. This applies in particular where the Buyer has configured their e-mail account incorrectly or not at all, and as a result e-mails from the Buyer to the Seller or from the Seller to the Buyer are not delivered.

 

XV. Registration in the Shop and creating an account.

  1. The Buyer may register in the Shop while placing an Order.
  2. Creating an Account is voluntary.
  3. The Account allows the Buyer to view their Order history and save products to favourites, and speeds up future Orders by automatically saving the Buyer’s details on the Order form.
  4. When registering an Account, the Buyer provides their identification and address details and an e-mail address, and creates their own password.
  5. The Buyer must not disclose the login details for their Shop Account to third parties.
  6. A registered Buyer terminates the contract for the provision of electronic services by deleting the Account themselves, i.e. by submitting an instruction to delete it, or by requesting the Seller to delete the Account; where the Buyer requests the Seller to delete the Account, the contract terminates after a notice period of 7 days.
  7. If the Seller wishes to terminate the contract for the provision of electronic services relating to the Account, it will inform the Buyer at the e-mail address provided during registration 14 days before the planned date of deletion of the Buyer’s Account.

 

XVI. Newsletter.

  1. The Buyer may subscribe to the Seller’s Newsletter while placing an Order or independently of it.
  2. The Newsletter consists of the Seller sending marketing information electronically to the e-mail address provided by the Buyer, with the Buyer’s prior consent.
  3. To subscribe to the Newsletter successfully, the Buyer must correctly enter the e-mail address to which information is to be sent and confirm the subscription.
  4. The subscription is confirmed after signing up. The Buyer confirms it by logging in to the mailbox of the e-mail address provided and clicking the activation link contained in the confirmation message.
  5. The Buyer may withdraw their consent at any time using the unsubscribe option available in every marketing message sent by the Seller.
  6. The Buyer may also contact the Seller directly at any time to withdraw consent to receive the newsletter, without affecting the lawfulness of processing carried out before consent was withdrawn.
  7. The Consumer and the Customer-Consumer are not obliged to provide any performance other than supplying personal data, and this data is processed by the trader solely for the purpose of performing the contract and delivering the newsletter.

 

XVII. Contact form.

  1. The Seller enables the Buyer to send an enquiry to the Seller using a dedicated form on the Shop website.
  2. Use of the Form by the Buyer is voluntary.
  3. In addition to the form, the Seller also provides the Buyer on the Shop website with a telephone number and an e-mail address through which the Buyer can effectively contact the Seller.
  4. The purposes and scope of data processing, the entities to which the data will be transferred and the rights of data subjects are described in the Privacy Policy.

 

XVIII. Proprietary copyright.

  1. Exclusive rights to the content made available in the Shop, in particular copyright in the photographs, names and trademarks of the Shop, including the graphic elements forming part of them, the software and database rights, are protected by law and belong to the Seller or to third parties with whom the Seller has concluded the relevant agreements.
  2. Copying or any other use of any elements of the Shop without the Seller’s consent is prohibited.
  3. In the event of infringement of the proprietary copyright in the photographs, names and trademarks of the Shop, including the graphic elements forming part of them, the software and database rights, the person who committed the infringement (including the Buyer) shall bear the liability provided for in copyright law or intellectual property law.

 

XIX. ODR platform.

  1. The ODR platform (Online Dispute Resolution, ODR) is an interactive website for Consumers and Sellers wishing to settle a dispute out of court.
  2. The ODR platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL
  3. Through the ODR platform, a Consumer resident in the EU, Norway, Iceland or Liechtenstein may submit a complaint concerning goods or services purchased online from a Seller established in the EU, Norway, Iceland or Liechtenstein.
  4. A complaint is submitted by completing an electronic form and finding the appropriate body to resolve the dispute.
  5. All institutions listed on the platform have been verified to ensure that they comply with the relevant regulations and are registered by the national authorities. In the territory of the Republic of Poland, this authority is the Office of Competition and Consumer Protection (UOKiK).

 

XX. Final provisions.

  1. Matters not governed by these Online Shop Terms and Conditions are subject to the relevant generally applicable provisions of Polish law.
  2. The place of performance is, in particular, the designated place to which the Seller is obliged under the contract to send the Goods to the Buyer.
  3. The Consumer has the right to refer a dispute to a body authorised to resolve consumer disputes out of court under the Act on out-of-court resolution of consumer disputes (Dz.U.2016.1823 of 2016.11.09), without prejudice to the possibility of bringing an action before a common court.
  4. Buyers may access the Online Shop Terms and Conditions free of charge at any time on the Shop website and print them.
  5. These Online Shop Terms and Conditions come into force on the date of their publication on the Seller’s website.
  6. The Seller will notify Buyers of any planned change to the Terms and Conditions by e-mail, sending the text of the amended Terms and Conditions at least 14 days before it comes into force to the Buyers’ addresses in its possession, and will also place an appropriate notice on the Shop website sufficiently in advance.