Terms and Conditions
TERMS AND CONDITIONS OF THE ONLINE STORE domlalek.pl from July 22, 2016
§ 1. GENERAL PROVISIONS
1.1. The owner of an online store operating at www.domlalek.pl (hereinafter the Website) is: SOLARPROF A. Kocierzewska with its registered office in Szczecin at ul. Cieszkowskiego 31/4 71-301, entered into the Central Register and Information on Economic Activity conducted by the Minister of Development, NIP: 8512681415, Regon: 321541339, hereinafter referred to as the Service Provider.
1.2. The Service Provider via the Website runs an online store (hereinafter referred to as the "Store"), in which he offers the sale of goods and provision of electronic services.The rules of using the Store are set out in these regulations (hereinafter referred to as the "Regulations"). referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422, as amended).
1.3. A store is a website through which the Service Provider sells goods via the Internet.
1.4. The Buyer of goods offered in the Store is an adult User of the Website (including the User who previously created an account in the Store) who has placed the Order (hereinafter referred to as the "Customer").
1.5. The Customer who is a natural person who makes an Order in the Store not directly related to his business or professional activity is hereinafter referred to as "Consumer".
1.6. Browsing the contents of the Site does not require any data, in particular, the creation of an account on the Website.
1.7. The information on the goods available on the Website constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.
1.8. Contact with the Service Provider is possible at the e-mail address email@example.com.
§ 2. GENERAL CONDITIONS OF SALE
2.1. The sale of goods by the Store takes place through the conclusion of a sales contract via the Internet. The contract of sale is concluded by placing an order by the Customer and confirmation of its acceptance by the Service Provider.
2.2. The subject of the sales agreement may be goods presented on the Website and contained in the Store's offer at the time of placing the Order.
2.3. The prices of products in the Store's offer are gross prices in Polish zlotys - and include VAT tax. The given prices do not include shipping costs, which are indicated at the time of placing the Order.
2.4. Orders placed by Consumers are carried out in accordance with prices valid on the day of placing the Order displayed at the photo or description of the goods. Commodity prices are retail prices and include all taxes. The prices are given in Polish zlotys. Orders placed by other Clients who are not Consumers (in particular, including NIP, business data) are carried out according to the prices indicated in the order confirmation by the Store.
2.5. The store sells goods on the territory of the Republic of Poland, as well as outside the Republic of Poland, but only in the following countries: Austria, Belgium, Czech Republic, Denmark, Estonia, France, Spain, the Netherlands, Ireland, Germany, Portugal, Romania, Slovakia, Switzerland, Italy, Great Britain. The delivery address may be located only on the territory of the Republic of Poland or on the territory of one of the countries mentioned in the previous sentence. Delivery costs for delivery to countries other than the Republic of Poland are agreed individually.
§ 3. REGISTRATION OF AN ACCOUNT IN THE WEBSITE
3.1. Placing Orders is also possible without prior registration of an account on the Website.
3.2. Account registration by the user consists in providing the following information in the registration form, available on the Website: login and e-mail address and password, data necessary to execute subsequent Orders referred to in §4 paragraph 2 of the Regulations, acceptance of the Regulations and selecting the button "register ". The condition for making the Registration is acceptance of the Regulations and consent to the processing of personal data on the terms described in the Regulations.
3.3. As a result of the registration, the user is assigned an account that allows identification of actions taken by the user through the Website, including placing orders in the store. As part of a previously created account, the Customer has the option of adding additional data, the supplementation of which is voluntary, eg indication of delivery addresses of Orders and, optionally, data necessary to issue a VAT invoice.
3.4. Access to the account is possible after entering the login and password assigned to the account. The password should be kept secret and protected from unauthorized access by third parties.
3.5. The Service Provider makes it possible to delete the account at any time, by sending an appropriate request to the address of the Service Provider firstname.lastname@example.org. The cancellation of the account does not affect the implementation of the orders confirmed by the Service Provider (the contract has been concluded, which does not deprive the Consumer of the right to withdraw from the contract on terms described in the Regulations).
3.6. The account service on the Website is provided free of charge by the Service Provider.
3.7. The Service Provider may temporarily suspend access to the account or terminate access to the account to the user with a weekly notice (informing him by e-mail) if the account is used in a manner inconsistent with the Regulations or contrary to its purpose.
§ 4. ORDERS
4.1. The order constitutes a declaration of intent made by the Customer using the Internet and the function of the Website to conclude a sales agreement of selected goods from among those currently available in the Store and presented on the Website at a price representing the sum of the prices of selected goods and delivery costs.
4.2. The order may be placed by the Customer via the Website, 24 hours a day, 7 days a week throughout the year.
4.3. The choice of goods for the Order is made by adding them to the shopping list - basket. At any time it is possible to verify the contents of the basket.
4.4. After the product is added to the basket, the customer selects the "GO TO CASH" button and then chooses the address, delivery method and payment method. The Customer ends placing the Order at the moment of pressing the "ORDER WITH PAYMENT OBLIGATION" button, which is then forwarded to the Service Provider's confirmation. If the Customer makes the Order as a guest of the Website (ie without registration), before pressing the "ORDER WITH THE OBLIGATION OF PAYMENT" button, the User is obliged to read the Regulations and agree to the processing of personal data on the terms set out in the Regulations.
4.5. Until the approval of the product selection by clicking the "ORDER WITH PAYMENT OBLIGATION" button, the Customer has the option of making changes and modifications to the products in the basket as well as contact details for sending or invoice.
4.6. The Service Provider in the course of presenting the goods on the Website and the ordering process, however, before pressing the "ORDER WITH PAYMENT OBLIGATION" button by the Consumer at the latest, will inform the Consumer in a clear and understandable way about: a) main features of the service, including goods, b) their identifying data , in particular about the name, address, telephone number of the enterprise, the authority that registered the business activity, as well as the number under which the entrepreneur was registered; c) the address at which the Consumer may submit complaints; d) the total price including all components, in particular taxes, delivery and postal charges as well as the method and date of payment; e) the method and date of delivery of the Order and the complaint procedure; f) costs of using a means of distance communication in order to conclude a contract, if they are higher than those usually used for using this means of communication, g) costs of returning goods that are borne by the Consumer in the event of withdrawal from the contract; h) the manner and time limit for exercise of the right to withdraw from the contract and the content of the withdrawal form and instructions on withdrawal from the contract; i) the obligation to provide goods without defects; j) the existence and content of guarantees and after-sales services and the manner of their implementation; k) the possibility of using non-judicial means of dealing with complaints and redress as well as the rules of access to these procedures.
4.7. The Service Provider confirms the Order placed by the Customer by indicating via the Website after choosing the "ORDER WITH PAYMENT OBLIGATION" button and separately in the e-mail message sent to the Customer's address, in the form of: a) the Service Provider's data, including the telephone number and e-mail address electronic Service Provider; b) customer data; b) the number of the Order; c) list of goods being the subject of the Order, including unit prices; d) the total net and gross amount as well as the chosen method and date of payment; e) the total value of the Order, including all costs; f) the method and date of delivery; g) information about the right to withdraw from the contract, including the cost of returning the item, in the event of withdrawal from the contract; h) template for the declaration of withdrawal from the contract, i) links to the websites containing: - the complaint handling procedure; - possibilities and procedures for out-of-court dispute resolution; - charges for transport, delivery, postal services or other costs; - accepted payment methods and its date.
4.8. By submitting the Order, the Customer agrees to receive a VAT invoice, which may be attached to the shipment sent or sent electronically to the indicated e-mail address in the form of an electronic image of settlement documents, in particular such as: VAT invoices with attachments, VAT invoices correcting attachments and forms. This consent authorizes the Seller also to issue and send VAT invoices in electronic form, in accordance with art. 106n of the Act of March 11, 2004 on Value Added Tax (Journal of Laws of 2011, No. 177, item 1054, as amended).
4.9. Confirmation of placing the Order will contain a reference to the service enabling online payment.
4.10. The store may contact the Customer by phone or email in connection with the submission or execution of the Order.
4.11. In the event of any inaccuracies in the message confirming the acceptance of the Order, the Customer may contact the Store by e-mail at email@example.com, stating the Order number in the message.
4.12. The order will be delivered to the address indicated by the Customer in the Order.
4.13. The Service Provider is obliged to provide the Consumer with the Ordered Goods in a state free from defects. The service provider also sells goods with minor defects, but in this case information about the defect and its description are always included in the description of such goods.
§ 5. PAYMENTS
5.1. The Customer may choose one of the following forms of payment for the ordered products: a) transfer (prepayment): the payment for the Order will be transferred to the Store's bank account provided in the e-mail confirming the submission of the Order, b) online payment via the selected bank, c) online payment via PayU System of online payments. If you reject the transaction, please contact Payu directly by email: firstname.lastname@example.org or by phone: +48 (61) 630 60 05 in the chair. 8.00-20.00 daily, d) cash on delivery.
§ 6. DELIVERY AND SHIPMENT OF ORDER
6.1. If there is no payment or confirmation of the Order by the Service Provider within 5 business days, the Order will be canceled by the Service Provider, about which the Client will be notified via e-mail.
6.2. The implementation of the Order begins: a) in the case of Orders paid by bank transfer - after posting the funds on the Service Provider's bank account, b) in the case of online payments via the PayU system - when the customer receives an automatic e-mail with information about accepting the payment, c) in the case of payment on delivery - when the Service Provider receives information about the confirmation of the Order by the Customer.
6.3. At the moment when all the goods ordered by the customer are completed and ready for shipment, an e-mail is sent to complete the order. The customer will receive the last message informing about the status of the Order, when the Order will be sent to the Customer.
6.4. After being sent to the Customer, Orders are delivered within 2 business days. In the case of orders sent abroad for which the cost of delivery is determined individually, the delivery time is longer and depends on the chosen method of delivery.
6.5. Changes in the shipment, cancellation of the Order on the terms described in the Regulations are possible through contact with the Store at email@example.com.
6.6. The customer may withdraw the placed order only by e-mail at firstname.lastname@example.org. The customer can not cancel orders that have already been sent (the customer received a message about the shipment). The above does not exclude the Consumer's right to withdraw from the contract described in Par. 7 of the Regulations.
6.7. If there is no product or products covered by the Customer's order in the Store's warehouse and ordering them from the suppliers will not be possible within the time set for the Order, the Service Provider will inform the Customer about this fact by sending a message to the e-mail address provided by the Customer or by phone in order to propose an alternative product, divide the Order into parts or cancel the Order in whole or in part.
6.8. In the event that the Customer does not agree to the implementation of the Order with alternative products, the Order will be canceled in whole or in part in accordance with the Customer's choice.
6.9. If in the situation described in 6.7. and according to the Customer's choice, the Order will be divided, the Customer bears only the costs of delivering the first shipment. The costs of delivering the other shipments resulting from new Orders created as a result of dividing the original Order shall be borne by the Store.
6.10. Irrespective of the rights described above, in the absence of goods in the Store or the inability to fulfill the Customer's order, the Online Store has the right to withdraw from the contract within 30 (thirty) days from the date of its conclusion. If the expected date of the contract is longer than 30 (thirty) days, the Online Store has the right to withdraw from the contract within the time allowed for the execution of the order. If the payment for the goods has been made in advance - the Online Store will refund the payment to the Customer immediately after canceling the order.
6.11. If the Client does not take any decision in situations referred to in 6.7, including if it is impossible to contact the Customer for reasons not attributable to the Service Provider, the Service Provider may perform within 30 days of the occurrence of the event a contractual right of withdrawal from the order in its entirety.
6.12. In the event of cancellation of the Order in the situation described in connection with 6.7. And the Customer has already paid for the Order, the Service Provider will refund the paid amount (or parts thereof in the case of the Order in part) in accordance with generally applicable law.
§ 7. WITHDRAWAL FROM THE AGREEMENT AND EXCHANGES OF THE GOODS
7.1. The Consumer may withdraw from the sales contract concluded via the Store's website without giving any reason and without incurring costs except as described in this paragraph, by submitting a relevant written statement to the Service Provider within 14 days from the date of order fulfillment (the date of delivery of products to the address resulting from Orders). To comply with the deadline, simply send back the original invoice and a statement of withdrawal from the contract, a specimen of which is available below this deadline, to the following address: Solarprof Agata Kocierzewska, ul. Cieszkowskiego 31/4 71-301 Szczecin or using the e-mail address email@example.com. If the Order is delivered in batches (separately), the run of the 14-day deadline for withdrawal from the sales contract counts from taking possession (issue) of the last item from this Contract.
7.2. In the event of withdrawal, the contract of sale is considered void and the Consumer will receive a refund of the amount paid for the purchased goods, including the cost of delivering the order (except for additional costs resulting from the method chosen in the Order by the Consumer other than the cheapest method of delivery offered by the store) and is obliged immediately, but no later than within 14 days to return the goods delivered to him in the unaltered state at the address of the Service Provider: Solarprof Agata Kocierzewska, ul. Cieszkowskiego 31/4 71-301 Szczecin or transfer them to a person authorized by the Service Provider to receive them. The cost of sending back the products to the Service Provider is borne by the Consumer. In the event of withdrawal from the sales contract, the Service Provider sends the returned money immediately, but no later than within 14 days from the receipt of the Consumer's statement on the withdrawal from the sales contract.
7.3. The amount refunded by the Consumer is transferred to the account indicated by the Consumer in a statement of withdrawal from the sales contract in the case of cash payment upon delivery or to the bank account from which the Consumer has paid by online bank transfer.
7.4. The consumer is responsible for decreasing the value of goods returned as a result of withdrawal from the contract as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
7.5. The right to withdraw from the sales contract is not payable to the Consumer in the cases specified in art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) and concerns, among other things, when the object of the service is manufactured according to the consumer's specification or serving to satisfy his individual needs. In the case of the Service Provider, these include personalized dolls / dolls with names.
§ 8. CONDITIONAL CONDITIONS
8.1. The Service Provider is liable to the Customer for defects in the goods purchased by the Customer, within the scope specified in the Civil Code (Journal of Laws of 2014, item 121, as amended). The Service Provider is liable to the Customer if the sold goods have a physical or legal defect (warranty), where a physical defect is the incompatibility of the delivered products with the contract. The Service Provider is not liable to the Customer for defects in the goods that the Customer knew about at the time the contract was concluded. The customer has the right to file a complaint within 2 (two) years from the date of the delivery of the goods by the Service Provider.
8.2. In order to file a complaint, the Customer should first contact the Service Provider at the email address firstname.lastname@example.org by submitting a complaint (complaint description, scope of complaint), enclosing photos of the defective goods and agreeing on the Customer's address for collection by indicated by The service provider of the faulty goods. When submitting a complaint, it is necessary to provide the Service Provider with the complaint with the proof of purchase and complaint (complaint description, scope of complaint) to the following address: Solarprof Agata Kocierzewska, ul. Cieszkowskiego 31/4 71-301 Szczecin.
8.3. The Service Provider will consider the complaint within 14 days from the date of submitting the complaint and will inform the Customer about the manner of further proceedings.
8.4. If the complaint is considered justified, the Service Provider shall promptly replace the defective product with one free of defects or remove the defect, and cover the costs incurred by the customer to deliver the defective product to the Service Provider by the courier indicated by the Service Provider. The above does not affect the possibility of the Customer demanding a price reduction or withdrawal from the contract if the defect is significant. The complaint will be processed within 14 days. If the item can not be replaced, the defect removed or the price reduced, the Service Provider will refund the payment immediately in accordance with applicable law
8.5. In the event that as a result of a change in the location of the product, the costs of delivering the defective product to the Service Provider were higher than if the product remained in the country of original delivery, the Customer is entitled to reimbursement of the costs of delivery of the defective product to the Service Provider up to the amount calculated according to product delivery rates on the territory of the original delivery of the product.
8.6. If the complaint is considered unfounded, the Service Provider shall immediately send the goods to the Customer at his cost to the address indicated in the complaint form.
8.7. The consumer may use extrajudicial methods of dealing with complaints and redress. In order to take advantage of the possibility of amicable settlement of disputes regarding online purchases, the Consumer may submit his complaint via, for example, the EU ODR online platform, available at: http: //ec.europa.eu/consumers/odr.
§ 9. PERSONAL DATA
9.1. The service provider on the basis of the Act of 29 August 1997 on the Protection of Personal Data (ie OJ of 2015 item 2135, as amended) in connection with the Act of 18 July 2002 on the provision of electronic services ( ie, Journal of Laws of 2013, item 1422, as amended) as a data controller, it is authorized to process Clients' personal data in order to use the service and enter into a contract (place an account, place and execute Orders), settle a contract (account) , consideration of a complaint in the event of its submission by the Customer, explanation of the circumstances of unauthorized use of the service, as well as for archiving purposes.
9.2. Customers' personal data is processed also for direct marketing of the Service Provider's own products and services. The customer has the right to object to the processing of his data for marketing purposes. The Buyer may agree to receive commercial information about the Service Provider or its partners by electronic means.
9.3. The scope of customer's personal data processed is as follows: name, surname, e-mail address, home address, telephone number, contact telephone number.
9.4. In order to correctly resolve a complaint, the customer should provide at least the following personal details: name, surname, street, house number, apartment number, contact telephone number and e-mail address.
9.5. In addition, the service provider processes operating data regarding the IP address of the Customer's device for technical purposes as well as for statistical purposes.
9.6. The customer has the right to inspect their personal data and correct them, as well as to reasonably demand their removal.
9.7. Personal data are processed with technical and organizational measures ensuring protection of data processed in accordance with the requirements set out in the provisions on the protection of personal data, including the regulation of the Minister of Interior and Administration of 29 April 2004 on personal data processing documentation and technical conditions organizational information, which should be fulfilled by devices and IT systems used to process personal data (Journal of Laws No. 100, item 1024).
9.8. Providing the data is voluntary, but necessary to provide the service electronically and to perform the contract of sale, or to consider the complaint.
§ 10. FINAL PROVISIONS
10.1. In matters not covered by the Regulations, the provisions of Polish law shall apply, in particular - the acts of 24 June 2014 on consumer rights (Journal of Laws of 2014, item 827), the Act of 23 April 1964 - Civil Code ( Journal of Laws of 2014, item 121, as amended).
10.2. Any disputes arising between a Customer who is not a Consumer and the Service Provider will be settled by a court competent for the seat of the Service Provider.
10.3. All names of goods offered for sale by the Store are used for identification purposes and may be protected and reserved on the basis of the provisions of the Industrial Property Law Act, the Copyright and Related Rights Act.
10.4. These Regulations shall apply to Orders placed after December 25, 2014.
10.5. The proper use of the Website requires the use of an ICT system that meets the following requirements: a) a screen with a resolution of at least 1024 x 768 pixels; b) access to the Internet; c) Internet Explorer web browser, Mozilla Firefox, Google Chrome, the latest version, with enabled cookies; d) to receive e-mails - having an account and e-mail address.
10.6. The Service Provider reserves the right to temporary breaks in the functioning of the Website, however, the above shall not affect the implementation of confirmed Orders. Orders may be delayed up to 2 business days without consequences for the Service Provider.
10.7. The Customer declares that the data provided by the Service Provider, in particular personal and company data, delivery address and correspondence, are true and complete. In the event of a change of data, the Customer is obliged to notify the Store about this fact by updating the data on the account established under the Registration.
10.8. The Service Provider may change the Regulations, subject to subsequent sentences. The change comes into force within 14 days from the date of posting on the Website information about the change in the Regulations and notifying the Clients who made the Registration about its change via a message sent by e-mail. Using the Account by the Consumer requires the acceptance of the amended Regulations. The change in the Regulations does not apply to the Orders placed to the Service Provider before its entry into force.
10.9. The Customer is obliged to comply with the prohibition of abuse of electronic communication means and delivery by or to the Website of the following content: - causing or likely to cause improper work or overloading, - violate the rights of third parties, generally accepted social standards or are inconsistent with generally applicable laws.
10.10. The Customer has the right to terminate at any time the contract for the provision of electronic services (account services on the Website) by deleting the account established under registration.
10.11. The Service Provider has the right to terminate the contract for the provision of electronic services at any time, with 14 days notice, which runs from the date of notification to the e-mail address indicated in the Account, for important reasons, for example in the event of cessation of business or shop operations; violation of the Regulations by the Customer, failure to accept the amended Regulations by the Consumer within 90 days of notification of the change.
REFUND FORM OF THE GOODS ORDER NUMBER: ..............................
ORDER DATE: ............................. INVOICE NUMBER / PARAGONER: ...... ........... .................................................. ........................
FIRST NAME AND LAST NAME: ……............................................ .................................................. ...
ADDRESS: ................................................ .................................................. ....................... ........................... .................................................. .................................................. ......... TELEPHONE: ....................................... .............
I am asking for a refund of cash to a bank account (Account number - the return is only possible to the Customer's bank account)
Bank name: ............................................... .................................................. ...........................
NAME OF GOODS NUMBER GROSS PRICE GROWTH REASON
Customer's comments: ............................................... .................................................. .................................................. ................................................. .................................................. .................................................
I declare that I am familiar with the conditions of returning the goods specified in the Regulations of the store.
.................................................. ..................................... (date and legible signature of the client)
1. Administrator 1.1. The administrator of personal data of people using the Website, including Buyers and Users, is SOLARPROF Agata Kocierzewska with its registered office in Szczecin at ul. Cieszkowskiego 31/4 71-301, entered into the Central Register and Information on Economic Activity conducted by the Minister of Development, NIP: 8512681415, Regon: 321541339 (hereinafter: the Administrator). 1.2. The administrator processes personal data in accordance with the requirements of 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 (hereinafter: RODO).
2. Collected Data The collected personal data includes: name and surname, name (company), tax identification number, business address, delivery address, telephone number, e-mail address, credit card information, bank account number, username and password, computer's IP address from which the registration was made or the order was placed. Personal data is collected at the User's registration, filling in the Order form and the subscription form for the newsletter.
3. Purposes of Data Processing Data will be processed in order to: 3.1. Provision of the Account service - for the period of keeping the Account for the benefit of the User, until the liquidation of the User Account at the User's request - pursuant to art. 6 par. 1 lit. b) RHODO; 3.2. Conclusion and implementation of contracts for the sale of products via the Website - pending completion of the contract - pursuant to art. 6 par. 1 lit. b) and art. 9 par. 2 lit. h) RODO; 3.3. Implementation by the Administrator of its legal obligations, in particular resulting from the provisions of the tax law - for a period of 5 years, counting from the end of the calendar year in which the payment deadline for due tax was concluded in connection with the conclusion and implementation of the product sale agreement via the Website, or longer if required by law - on the basis of art. 6 par. 1 lit. c) and art. 9 par. 2 lit. h) RODO; 3.4. determine, investigate or defend against claims that the Administrator or the Customer may have in relation to each other (including data contained in the User Account, data on contracts for the sale of products via the Website) - pursuant to art. 6 par. 1 lit. f) and art. 9 par. 2 lit. h) RODO - during periods of limitation of claims, specified in legal provisions; 3.5. Sending a newsletter with information about the Website - until withdrawal of consent - pursuant to art. 6 par. 1 lit. a) RODO; 3.6. Displaying personalized ads on the Website, including understanding of procurement processes and links between products, based on the purchase history, products in the customer's basket and the history of the products viewed - up to the objection - pursuant to art. 6 par. 1 lit. f) RODO;
4. Voluntary data provision, consent to processing 4.1. Providing data is voluntary. In the scope indicated in the Regulations, providing data is necessary for the purpose of Registration or submission and implementation of the Order. 4.2. You can provide your personal data without consenting to their processing in order to receive the newsletter. 4.3. If you consent to the processing of your data for the above purposes, you can withdraw your consent at any time by contacting the Customer Service Office at email@example.com tel .: (+48) 666380460. You may also withdraw your consent to receive the newsletter clicking on the appropriate link, placed in each newsletter. Withdrawal of consent does not affect the legality of the processing which was carried out on the basis of consent before its withdrawal.
6. Data Protection 6.1. The administrator applies appropriate technical and organizational measures to ensure protection of the data being processed, and in particular, protects the data against their unauthorized access, processing in violation of the law and change, loss, damage or destruction. 6.2. Only persons authorized by the Administrator are allowed to process your data within the Administrator's organization.