of the online shop www.patipasek.com
§ 1 GENERAL INFORMATIONS
1. These Regulations set out the general terms and conditions of the provision of services by electronic means and sales conducted through the Internet Store www.patipasek.com. The store is run by Kamil Wiliusz conducting business activity under the name of Firmaone Kamil Wilusz, entered in the Register of Entrepreneurs of the Central Register and Information on Business Activity conducted by the Minister of Development at al. Jana Pawła II 27, 02-001 Warszawa, NIP: 7952323748, REGON: 381373600, hereinafter referred to as the Seller.
2. The customer may contact the seller by:
a. E-mail address: firstname.lastname@example.org,
b. Via the contact form.
3. These Terms of Service are continuously available on the internet at www.patipasek.com, so that it can be retrieved, reproduced and preserved by printing or storing it on the media at any time.
4. The Seller indicates that the use of electronic services may entail a threat on the part of any user of the Internet, consisting in the possibility of introducing malicious software into the Customer’s teleinformatic system and acquiring and modifying its data by unauthorized persons. In order to avoid the risk of threats mentioned above, the customer should apply the appropriate technical measures to minimize their occurrence, in particular anti-virus and firewall software.
§ 2 DEFINITIONS
The terms used in the Regulations mean:
1. Working Days – These days are Monday through Friday, excluding public holidays;
2. Customer – a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit not being a legal entity, the special provisions of which confer the legal capacity to place an Order within the Online Shop or use other Services Available at the Internet Shop;
3. Civil Code – Law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account – allocated to the Customer part of the Online Store, through which the Customer may perform certain activities within the Online Store;
5. Consumer – A consumer who is a consumer within the meaning of art. 22  of the Civil Code;
6. Entrepreneur – An entrepreneur customer within the meaning of Art. 43  of the Civil Code;
7. Regulations – this document;
8. Goods – the product presented in the Internet Shop, which description is available for each of the presented products;
9. Sales Agreement – Contract of Sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
10. Services – services rendered by the Seller to the Customer electronically within the meaning of the provisions of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended)
11.Consumer Rights Act – Law of 30 May 2014 on Consumer Rights (Journal of Laws, 2014, No. 827);
12. Electronic Services Act – Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended);
13. Order – statement of the will of the Customer, aiming directly at the conclusion of the Sales Agreement, specifying in particular the type and number of the Goods.
1. Use of the Internet Store is possible provided that the IT system used by the customer meets the following minimum technical requirements:
a. Computer or mobile device with Internet access,
b. Access to e-mail,
2. Use of the Online Shop means any activity of the Customer, which leads to the acquaintance with the content of the Shop.
3. The client is obliged in particular to:
a. Failure to submit or not transmit content prohibited by law, such as content promoting violence, defamatory or infringing personal and other rights of third parties,
b. Use the Online Shop in a way that does not interfere with its operation, in particular by using specific software or hardware,
c. Failure to take action such as sending or posting unsolicited commercial information (SPAM) within the Internet Store;
d. Use the Online Shop in a way that is not inconvenient for other Customers and for the Seller,
e. Use any content contained within the Online Shop solely for his personal use,
f. Use the Online Shop in a manner consistent with the law of the Republic of Poland, the provisions of the Regulations, as well as the general rules of using the Internet.
§ 4 SERVICES
1. The Seller makes available through the Internet Shop free of charge the Services provided by the Seller 24 hours a day, 7 days a week.
2. Online Store Account Service is available after registration. Registration is made by filling in and accepting the registration form, which is available on one of the websites of the Online Shop. An agreement to provide an online store account service is concluded for an indefinite period of time and is terminated upon the Customer submits a request to delete the Account or use the “Delete Account” button.
3. The customer has the ability to send a message to the Seller via the contact form. An agreement for the provision of an interactive form enabling Customer to contact the Seller is concluded for a definite period of time and is terminated upon receipt by the Seller.
4. Seller has the right to organize occasional contests and promotions, the terms of which will be announced on the Shop’s website each time. Promotions in the Internet Shop are not subject to merger, unless otherwise stated in the Terms and Conditions of the promotion.
5. In the event of a breach by the Customer of the provisions of these Terms and Conditions, the Seller may terminate the Service Contract within 14 days of notice with the prior notice of termination or removal of the breach.
§ 5 PROCEDURE FOR CONCLUSION OF THE SALE AGREEMENT
1. Information on the Goods on the Shop’s web site, in particular their descriptions, technical and utility parameters and prices, constitute an invitation to conclude an Agreement within the meaning of art. 71 Civil Code.
2. All Products available in the Internet Shop are brand new, free of physical and legal defects and legally introduced to the Polish market.
3. The condition of placing an Order is having an active email account.
4. When placing an Order through the Order Form available on the Website of the Online Shop, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude the Contract for the Sale of the Goods being the subject of the Order. The offer electronically binds the Customer if the Customer sends an acknowledgment of receipt to the Order, which represents the Seller’s acceptance of the Customer’s offer, and upon receipt by the Customer of the Sales Agreement.
5. Placing an Order in the Internet Shop by sending an email is available on the Working Days and times indicated on the website of the Online Shop. For this purpose, the Customer should:
a. Give in the content of the e-mail addressed to the Seller the name of the Goods among the Goods on the Shop’s website and its quantity,
b. Indicate the delivery method and form of payment from the delivery and payment methods listed on the Shop website
c. Provide the data needed to carry out the Order and in particular: name, address and email address.
6. Information on the total value of the Order is given by the Seller each time by informing by electronic mail together with information that the Customer entering into the Sale Agreement entails the obligation to pay for the Goods ordered, at this moment the Sale Agreement is concluded.
7. In the case of a Consumers’ Customer, the Seller shall send to the Customer, after the Order has been submitted, an e-mail confirming the terms and conditions of the Order, which shall include information on:
a. Description of the subject of the Order,
b. The unit price and total price of ordered products or services, including taxes, including delivery costs and additional costs (if any);
c. How to contact the Seller and his registration data,
d. Selected method and payment date,
e. Selected delivery method,
f. Delivery time,
g. Customer contact information,
i. That the conclusion of the Agreement entails payment of the Order,
j. Instruction on the right to withdraw from the Contract, together with its form.
8. The agreement is concluded upon delivery by the Consumer, which is the Consumer (in response to confirmation of the terms and conditions of the Order sent by the Seller) to the Seller’s e-mail address where the Customer accepts the content of the Order sent and agrees to its execution and accepts the contents of the Regulations and confirms that he is familiar with the notice of termination.
9. The sales contract is concluded in Polish or English, according to the Client’s choice, in accordance with the Terms and Conditions.
§ 6 DELIVERY
1. Delivery of Goods is not territorially restricted and is delivered to the address indicated by the Customer during the Order submission process.
2. The Customer may choose the following forms of delivery of ordered Goods:
a. Through a courier company, b. Via mail operator.
3. The seller on the website of the Store, in the description of the Goods, informs the Client about the number of Working Days needed to complete the Order and its delivery as well as the amount of charges for delivery of the Goods.
4. The delivery and execution date of the Order is calculated on the Working Day in accordance with pt. VII. 2.
5. If the Goods covered by the Order provide for a different period of execution, the entire longest of the orders is envisaged for the entire Order.
§ 7 PRICES AND PAYMENT METHODS
1. Prices of Goods are quoted in Polish zloty or Euro at Customer’s choice and contain all ingredients. In the case of an Order placed outside the customs territory of the European Union, the Client may bear other additional costs related to the obligation to pay import duties, including in particular customs duties.
2. The customer can choose the following payment methods:
a. Bank transfer to the seller’s bank account (in this case, the Order will be initiated after the Seller has received confirmation of acceptance of the Order and the shipment will be made immediately after the funds have been deposited into the Seller’s bank account and completed the Order); Bank Account number: 86 1940 1076 3202
b. Cash on collection, payment by the supplier on delivery (in this case the execution of the Order and its shipment will begin after the Customer has received confirmation of acceptance of the Order and completion of the Order);
c. Electronic payment (in this case the execution of the Order will be initiated after the Customer has received confirmation of acceptance of the Order and after the Seller receives the information from the settlement agent’s system about the payment made by the Customer and the shipment will be made immediately after completion of the Order).
3. The seller on the website of the Shop informs the Customer about the date in which he is obliged to make payment for the Order. In the absence of payment by the Customer within the time limit referred to in the preceding sentence, the Seller, after prior notice of inapplicable payment, may withdraw from the Agreement pursuant to art. 491 Civil Code.
§ 8 ELIGIBILITY TO WITHDRAW FROM THE AGREEMENT
1. A consumer customer may withdraw from the Contract without giving a reason by submitting the relevant statement within 14 days. To keep that deadline, it is enough to send a statement before it expires.
2. The customer may formulate the statement himself or use the template of the declaration of withdrawal from the Agreement, which constitutes Appendix No. 1 to the Regulations.
3. The 14-day period is counted from the date on which the Goods were delivered or in the case of the Service Contract from the date of its conclusion.
4. The Seller, upon receipt of a statement of withdrawal from the Customer, will send a confirmation of withdrawal to the Consumer’s e-mail address.
5. The Consumer’s right to withdraw from the Agreement is excluded if:
a. Provision of services if the Seller has performed the full service with the express consent of the Consumer, who has been informed prior to the commencement of the service that, upon satisfaction of the Seller’s performance, he will lose his right to withdraw from the Contract;
b. An agreement where the price or remuneration is determined by fluctuations in the financial market over which the Seller does not exercise control and which may occur before the expiration of the time limit for withdrawal;
c. Contracts for the provision of unqualified Goods, manufactured to the specifications of the Consumer or to meet their individual needs;
d. Contracts in which the subject matter is a commodity that is subject to rapid deterioration or has a short shelf life;
e. The contract where the subject of the benefit is the Goods delivered in a sealed package which, when opened, can not be returned for health or hygiene purposes if the packaging has been opened after delivery;
f. Contracts for the supply of Products which, on their own merits, are inseparably linked to other items;
g. An agreement in which the subject of the offer is alcoholic beverages, the price of which was agreed upon the conclusion of the Sale Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control;
h. Contracts in which the Consumer expressly requests the Seller to come to him for emergency repair or maintenance; If the Seller provides additional services other than those for which the Consumer requested, or supplies Goods other than spare parts necessary for repair or maintenance, the Consumer may be entitled to withdraw from the Contract for additional services or Goods;
i. An agreement in which the subject matter is sound or visual recording or computer programs delivered in sealed packaging if the packaging has been opened after delivery; Delivery of dailies, periodicals or magazines, except for the subscription contract;
j. Contracts concluded through public auction;
k. Accommodation, non-residential, carriage, car rental, gastronomy, leisure, entertainment, sports or cultural services contracts if the date or period of service is specified in the contract;
l. Contracts for the provision of digital content that are not recorded on a physical medium if the performance of the benefit has commenced with the express consent of the Consumer before the expiration of the Termination Date and after informing the Seller of the loss of the right of withdrawal.
6. In the event of termination of the Remote Contracts, the Agreement is considered not to be. What the parties have witnessed is reimbursed unchanged unless a change was necessary to establish the nature, characteristics and functionality of the Goods. The refund should be made immediately, not later than within 14 days. Please return the purchased goods to the Seller’s address.
7. The Seller shall immediately, but no later than within 14 days of receipt of the Consumer’s declaration of withdrawal, return to the Consumer any payment made by him, including the delivery of the Goods. The Seller makes a refund using the same method of payment as used by the Consumer, unless the Consumer agrees otherwise, without the consumer being bound by the method. Seller may withhold return of payments received from the Customer until the item is returned or delivery by the Customer of a return receipt, whichever occurs earlier, unless the Seller has offered to receive the item from the Customer himself.
8. If the Consumer chooses to deliver the Goods other than the cheapest ordinary delivery method offered by the Seller, then the Seller is not obliged to reimburse the consumer for the additional costs incurred.
9. The customer bears only the direct return cost of the Goods, unless the Seller agrees to bear that cost.
§ 9. COMPLAINTS REGARDING WARRANTY GOODS
1. The Seller undertakes to deliver the Goods without defects.
2. The seller is liable to the Client being a consumer for defects under the terms of Art. 556 – 576 of the Civil Code. Compared with Entrepreneurs warranty is excluded.
3. In accordance with the regulation indicated in item 2 above, Customer can not withdraw from the Contract if the defect is negligible.
4. Complaints arising from violations of the Client rights guaranteed by the Law, or pursuant to these Regulations, should be addressed to Firmaone Kamil Wilusz, ul. 02-001 Warszawa, al. Jana Pawła II 27, to the e-mail address: email@example.com, telephone number 22 299 11 13.
5. In order to consider the complaint, the Customer should send or deliver the advertised Goods, if possible by attaching a proof of purchase. The goods should be delivered or sent to the address indicated in pt. 3.
6. The Seller undertakes to consider each complaint within 14 days.
7. In the case of shortcomings in the complaint, the Seller will call the Customer to supplement it within 7 days from the date of receipt of the request of the Customer.
§ 10. COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES
1. The Customer may make a complaint to the Seller in connection with the operation of the Shop and use of the Services. Complaints can be reported in writing to: Firmaone Kamil Wilusz, 02-001 Warszawa, al. Jana Pawła II 27, to the e-mail address: firstname.lastname@example.org.
2. In the complaint, the customer should provide his / her name, mailing address, type and description of the problem.
3. The Seller undertakes to consider each complaint within 14 days, and if that is not possible, to inform the Customer within that time when the complaint will be processed. In the case of shortcomings in the complaint, the Seller will call the Customer to supplement it within 7 days from the date of receipt of the request of the Customer.
§ 11. GUARANTEES
1. Goods may be warranted by the manufacturer, the Seller or the importer.
2. In the case of the goods covered by the warranty, the information concerning the existence and content of the guarantee and the time for which it was granted is presented in the description of the Goods on the Shop’s web site each time.
§ 12. OUT-OF-COURT SETTLEMENT OF CLAIMS AND COMPLAINTS
1. Customer which is a consumer has the following possibilities for extrajudicial means of dealing with claims and redress:
a. Is entitled to refer to a permanent consumer arbitration court operating at the Trade Inspection with a request for settlement of a dispute arising out of the concluded Sales Agreement;
b. Is entitled to request the provincial inspector of the Trade Inspection to request mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller;
c. May receive free assistance in settling disputes between the Customer and the Seller, also using the free help of the county (municipal) consumer advocate or social organization, whose statutory tasks include consumer protection (eg Consumer Federation, Polish Consumer Association). Advice is provided by the Consumer Federation under the free consumer helpline 800 007 707 and by the Polish Consumer Association at the email email@example.com;
d. File your complaint through the EU ODR web platform, available at: http://ec.europa.eu/consumers/odr/.
§ 13. PERSONAL DATA PROTECTION
§ 14. FINAL PROVISIONS
1. All rights to the Online Shop, including copyright, intellectual property rights to its name, Internet domain, Internet site, as well as forms, logos or images, belong to the Seller and may only be used in Method specified and in accordance with the Regulations.
2. Settlement of possible disputes arising between the Seller and the Client who is the Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
3. Settlement of possible disputes arising between the Seller and the Customer, who is an Entrepreneur, shall be submitted to the court having jurisdiction over the Seller’s registered office.
4. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
5. Any changes to these Terms and Conditions, each Customer will be informed through the information on the homepage of the Online Shop containing a summary of changes and the date of their entry into force. Customers who have an Account will be informed of the changes on their e-mail address. The date of entry into force of the changes will be no shorter than 14 days from the date of the announcement. In the event that a Customer holding a Customer Account does not accept the new Terms and Conditions, the Client is obliged to notify the Seller within 14 days from the date of notification of the amendment of the Regulations. Notifying the Seller of the lack of acceptance of the new content of the Terms results in termination of the Agreement.