REGULATIONS FOR THE ONLINE STORE
Regulations of the online store available at the internet address: sklep.n-water.eu administered by the company "n-projekt Sp. z o.o. "with its registered office at 30-103 Kraków, ul. Tatarska 5/7, NIP: 677 241 24 73, REGON: 366 232 764, telephone number: +48 730 050 078, e-mail: firstname.lastname@example.org, regulates the rules in the scope of services provided by the Seller by electronic means and contracts sales concluded via the Online Store, including their types, rights and obligations of the Customers, as well as the Seller, the withdrawal from the contract and the procedure for complaint proceedings.
Table of Contents:
§2 General provisions
§3 Services provided electronically (types, conditions, withdrawal)
§4 Sales contract
§5 Order processing and delivery
§6 Payment methods
§7 The right to withdraw
§11 Out-of-court dispute resolution methods
§12 Final provisions
Online store - online store available at sklep.n-water.eu.
Seller - the company "n-projekt Sp. z o.o. "with its registered office at 30-103 Kraków, ul. Tatarska 5/7, NIP: 677 241 24 73, REGON: 366 232 764.
Client - a natural person, a legal person or an organizational unit without legal personality, the right of which grants legal capacity, concluding an agreement with the Seller.
Consumer - a natural person, in accordance with art. 221 of the Act of 23 April 1964 - the Civil Code, which performs with the Seller a legal action not related directly to its business or professional activity.
Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, the law of which grants legal capacity, conducting business or professional activity on its own behalf.
Service - electronic services provided by the Seller (Service Provider) to the Customer (Customer) through the Online Store.
Contract concluded at a distance - means a contract concluded between the Seller of the Online Store and a Consumer as part of an organized procedure for the conclusion of distance contracts, without the need to participate both parties in one place and time, using one or more measures necessary for distance communication until the conclusion of the contract, inclusive.
Sales contract - an agreement concluded at a distance between the Customer and the Seller via the Online Store, the subject of which is the purchase of the Goods.
Product - a product, a movable item that the Customer purchases via the Online Store from the Seller.
Customer account - a set of data in the Seller's teleinformation system, which collects information about the Customer, including contact details and order history.
Registration form - an electronic service, a form available in the Online Store that allows you to create a Customer Account.
Order form - an electronic service, a form available in the Online Store that allows you to purchase the product selected by the Customer.
Order - Customer's declaration of will made via the Online Store expressing the will to conclude a Sales Agreement, specifying in particular its terms, the type and quantity of the Goods, method and cost of delivery, form of payment and Customer's data necessary to perform the contract.
Newsletter - a service that allows you to subscribe to and receive free electronic information about the Merchant's Products and promotions.
Working day - one day from Monday to Friday, excluding public holidays.
The Seller undertakes to provide services to the Customer, observing the applicable provisions of law and the conditions provided for in these Regulations, respecting the principles of social coexistence.
The Seller declares that it adheres to all principles of personal data protection provided for by the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2015, item 2135), as amended.
The Customer undertakes to use the Online Store and services offered by the Seller through it, observing the applicable provisions of law and the conditions provided for in these Regulations, respecting the principles of social coexistence.
The Seller declares that the Goods available in the Online Store are:
a. new and safe,
b. free from physical and legal defects,
c. in accordance with the properties indicated in the Online Store,
d. introduced to the Polish market in a legal manner.
The producer's warranty, in which the manufacturer assumes responsibility for the properties of things that he has provided for existence (eg in terms of functionality, durability, quality of things), does not exclude or limit in any way the Customer's exercise of his rights resulting under the warranty for physical and legal defects of the Goods (§ 8), which he purchased from the Seller.
The seller realizes orders on the territory of Poland.
All information contained in the Online Store of the Seller, referring to products (including prices), does not constitute a commercial offer within the meaning of art. 66 of the Civil Code, but an invitation to conclude an agreement specified in Article 71 of the Civil Code.
All prices listed on the Online Store website are given in Polish zlotys (PLN) and are gross prices (they include VAT, duties and other components). The prices do not include delivery costs.
Delivery costs depend on the supplier chosen by the customer and the type of shipment (eg: non-standard dimensions). The total cost of storage is visible to the Customer before the final confirmation of the order and acceptance of the Regulations, as well as in the message confirming the acceptance of the order by the Seller referred to in § 4 point 6.
Services provided electronically (types, conditions, withdrawal)
Through the functionality available in the Online Store, the Seller provides services electronically.
The use of all services available in the Online Store (conclusion of a contract for the provision of electronic services) is voluntary and free.
The contract for the provision of electronic services are implemented in the scope of:
a. completing the order form by customers of the Online Store, is concluded for a definite period at the moment the Customer joins the form and is terminated upon withdrawal from completing the form or upon sending the completed form to the Seller. The process of completing the order form is organized so that each Consumer has the opportunity to become acquainted with it before making a decision about concluding a contract or changing a contract;
b. the registration and keeping of the Customer Account is concluded for an indefinite period, at the time of the Customer's registration using the functionality available on the Online Store website;
c. sending a commercial offer to the Customer in the form of a Newsletter, is concluded for an indefinite period, at the time of subscribing to the Newsletter service, using the functionality available on the Online Store website.
Technical requirements necessary to use the services provided by the Seller:
a. a device with access to the Internet,
b. Internet browser that supports cookies,
c. access to electronic mail.
The customer bears the charges related to access to the Internet and data transmission according to the tariff of his ISP.
The right to withdraw from the contract for the provision of electronic services is entitled to:
a. Customer who is a Consumer according to the rules provided for in these Regulations (§ 7),
b. Customer for whom the Seller provides the services referred to in point 3 lit. b and c, of a continuous and indefinite nature, without giving reasons, with immediate effect.
The purpose of the exercise of the right referred to in point 6 letter b, the Customer sends to the address email@example.com an unambiguous statement on the termination of the contract for the provision of electronic services.
In the event of non-performance or improper performance of the service provided electronically by the Seller, the Customer is entitled to file a complaint under the terms of these Regulations (§ 9).
The Seller reserves the right to terminate the contract for the provision of electronic services of a continuous and unlimited duration, with a 7-day notice period in case of breach by the Customer of the provisions of these Regulations.
To conclude a valid and binding agreement between the two parties, the Customer using the features available on the Online Store website:
a. selects the Goods, defining its quantity and features ("add to basket" functionality),
b. completes the order form, indicating the data necessary to perform the contract, i.e.; name, surname, telephone number, e-mail address, delivery address, name and registered office of the company, tax identification number (NIP), as well as the method of delivery and payment method.
The Seller allows the Customer, via the Registration Form, to set up a Customer Account. The registration by the Customer is one-time, voluntary and free. The data provided during the account registration will be used for further orders.
Having a Customer Account (registration) is not necessary for placing orders in the Online Store.
The seller accepts orders:
a. via the Order Form available in the Online Store, 24 hours a day, 7 days a week,
b. by phone, to the telephone number +48 730 050 078, from Monday to Friday in hours.
Immediately after receiving the order, the Seller shall send the Customer electronically to the e-mail address provided at the time of ordering to accept the order, which is also its confirmation. Upon receipt of the message by the Customer, a sales contract is concluded.
The message summarizing and confirming the order contains all previously agreed terms of the sale agreement, in particular the quantity and type of the ordered Goods, the total price to be paid together with the amount of discounts granted (if applicable).
A customer who has a Customer Account has the ability to check the status of the Order after logging into the "My Account" section.
Order processing and delivery
The order is carried out by the Seller in the order of receipt, taking into account § 6 points. 4 of these Regulations.
The time of order fulfillment, which includes in particular the preparation of the order, i.e. picking, packing and delivery of the supplier, is determined individually for each item available in the warehouse.
The selection of the supplier made by the customer during placing the order has a direct impact on the duration of the order.
In the event of exceptional circumstances or the inability to perform the order in the one indicated in paragraph 2 time, the Seller immediately contacts the customer in order to determine the further procedure, including setting a different deadline for the contract, changing the method of delivery.
The delivery of the Goods takes place via Poczta Polska or a selected courier company. Orders are issued by the Seller by the Seller on business days.
Issued supplier The product is packaged in a proper manner, providing protection against damage during transport.
Detailed information on the possible forms of delivery and related costs, the Seller has made available on the Online Store website.
When filling out the order form and in the confirmation message of the order referred to in § 4 para. 6, the Customer is informed about the costs of the method of delivery of the Goods selected by him.
The customer is entitled to cancel or change the order, but not later than until the Seller sends a message confirming the acceptance of the order referred to in § 4 para. 6, by contacting the Seller by phone or email.
Upon receipt of the shipment, the Customer or a third party authorized by him should, as far as possible, carefully check the condition of the packaging, whether it bears signs of damage, unauthorized interference and whether its content is intact. If any damage or other irregularities are found, in the presence of the courier, if possible, make a report on the damage and notify the Seller about it. If the product looks damaged, it is asked that the customer should not accept the parcel if possible. This provision does not exclude or limit the rights of the Customer to make a complaint under the terms of these Regulations. The above-described procedure is only aimed at assisting the Seller in determining the causes and liability for the damage caused. Failure to prepare the protocol by the client at the courier does not limit the possibility of reporting damage to the parcel.
The seller allows the following payment methods:
a. via quick online payments (tpay payments).
An entity providing online payment services by electronic means referred to in point 1 letter a) and is the National Payment Integrator S.A.
The customer is obliged to make payment within 7 calendar days from the date of receipt of the message confirming the order's acceptance by the Seller, specifying the total cost of the order together with delivery (conclusion of the contract). If there is no payment within a specified period, the sales contract is terminated.
If the payments referred to in point 1 (a) are selected, a, b and c the order is processed after the payment is credited to the Seller's account. The Seller shall execute the order immediately, when the Customer selects the form of payment referred to in point 1 lit. d.
The seller documents the sale of the Goods with a receipt and at the customer's request issues a VAT invoice. Proof of purchase is delivered to the Customer along with the Goods.
Right of withdrawal
According to art. 27 of the Act of 30 May 2014 on Consumer Rights, the Customer who is also a Consumer has the right to withdraw from a contract concluded remotely without providing a reason.
The right to withdraw from the contract is vested within 14 calendar days from the moment of taking over the good by the customer or a third party designated by him other than the carrier.
In order to implement the statutory right to withdraw from the contract, the Customer submits to the Seller a clear declaration of will, sending it to the address of the registered office or e-mail address of the Seller.
The Customer may use the Statement of withdrawal from the contract, constituting Annex No. 1 to these Regulations. Using the form is not a condition to withdraw from the contract provided for in this paragraph.
To comply with the date specified in paragraph 2 it is enough to send a statement of withdrawal from the contract by e-mail or to the address of the Seller before its expiry.
A customer who has used the delivery of a declaration of withdrawal from the contract by e-mail, will be immediately informed of the acceptance of this declaration of intent via email or in writing to the address provided in the Order Form.
The Seller shall promptly, within no more than 14 calendar days from the date of receipt of the statement of withdrawal from the contract, return to the Customer any payments received from him, including the cost of delivering the item. The Seller shall refund the payment using the same method of payment as the Customer used, unless the Customer expressly agreed to a different method of payment refund, which does not entail any additional costs for him.
The Seller shall withhold the reimbursement of the payments referred to in the above, until the Customer receives the Goods or confirms his return, in the absence of the Seller's obligation to collect the Goods personally.
Upon withdrawing from the contract, the Customer is obliged to return the purchased Product to the Seller or a person authorized by him to collect it immediately, not later than within 14 calendar days, from the date of submitting the statement of withdrawal.
Goods should be returned to the Seller's address.
The Customer bears only the direct costs of returning the Goods.
The consumer is only liable for a decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
The right to withdraw from the contract is not available to the Customer who is also a Consumer in relation to the contracts referred to in Article. 38 of the Act of 30 May 2014 on consumer rights.
The Seller is liable to the Customer under the warranty for physical defects, if the item:
a. does not have properties that this kind of thing should have due to the purpose of the contract marked or resulting from circumstances or destination;
b. does not have properties the existence of which the Seller has provided to the Buyer, including the presentation of a sample or pattern;
c. is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such a destination;
d. the Buyer has been delivered incompletely.
The Seller is liable to the Customer under the warranty for legal defects, if the item is encumbered with the right of a third party.
The Seller's liability under the warranty for physical or legal defects of the Goods, if the defects referred to in points 1 and 2, will be determined before the expiration of two years from the date of release of the Goods to the Customer by the Seller.
In the event of an exchange of the Goods, the deadline referred to above shall start again.
Reporting defects should be sent to the Seller in writing to the address of its registered office or electronically, taking into account the date referred to in point. 3.
In order to facilitate the preparation of a notification, the Customer may use the Complaint Form constituting Annex No. 2 to these Regulations.
In order to properly assess the physical defect of the Goods, at the request of the Seller, and with the consent of the Customer, the Goods must be delivered to the address of the Seller's registered office.
Delivery of the Goods as part of the exercise of rights resulting from the warranty for defects is carried out at the expense of the Seller.
The Seller responds to the Customer's request promptly, however not later than within 14 calendar days from the date of its receipt. In the event of non-examination of the application within the specified period, it should be considered as taken into account by the Seller.
The seller is released from liability under the warranty for physical and legal defects, if the customer knew about the defects at the time the contract of sale was concluded and in the event of the sale agreement with the entrepreneur.
The Seller shall cover the costs of collecting the Goods, deliveries, removing defects or defects and replacing the Goods with a new one.
The customer in the event of non-performance or improper performance of the provisions of the contract has the right to submit a complaint.
The complaint should contain:
a. Customer data, i.e. name, surname, address, company name and registered office, contact telephone number, e-mail address,
b. designation of the subject of the complaint,
c. the period of time for which the complaint relates,
d. circumstances justifying the submission of a complaint.
The Customer who is a Consumer as a Consumer has the right to demand:
a. exchange of the Goods for a new one,
b. repair of defective Goods,
c. price reduction,
d. if the defect is significant, may withdraw from the contract.
The seller may refuse to replace or repair the goods only if it would be impossible or would require excessive costs. In this case, the seller may propose a price reduction.
The assessment of excessive costs takes into account the value of the item free of defects, the significance of the defect for the functionality of the Product and any inconvenience that could occur on the part of the customer, in the case of another method of satisfying the claim proposed by the Seller.
The consumer has the right to choose how to satisfy the claim and possibly change his claim.
Unless separate provisions provide otherwise, the Seller shall consider the Consumer's complaint within 30 days of its receipt. The Seller shall send the response to the complaint to the Consumer in paper form or on another durable medium, to the address of the Customer or his e-mail address provided while placing the order.
In the event of non-examination of the application within the specified period, it should be considered as taken into account by the Seller. A claim regarding withdrawal from the contract in the event of its failure to meet the deadline is not tantamount to recognition of the complaint.
The Customer undertakes to use the Online Store in accordance with applicable law and the rules of social conduct.
The customer is responsible for the correctness of the entered data, in particular when using the functionalities available on the Online Store website.
The Seller is not responsible for unlawful activities of the Customer related to the use of the Online Store.
The Seller is not responsible for transactions made by unauthorized third parties to whom the Customer provided a login and password to the Customer Account, by failing to exercise due diligence in the protection of such data.
The Seller may suspend or terminate the provision of some services provided via the Online Store, which may not in any way affect the rights of the Customer or affect the contract concluded with the Seller.
Out-of-court dispute resolution methods
The consumer has the right to use extrajudicial methods for resolving disputes and pursuing claims through mediation or arbitration. Regardless of this, the Customer may apply for help from the municipal (poviat) Consumer Ombudsman, social organizations whose statutory tasks include protection of Consumers, Voivodship Inspectorates of Trade Inspection and the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/ spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php.
The European Consumer Centers Network helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.
All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at uokik.gov.pl.
The Customer being a Consumer may also use the electronic method of resolving disputes with the Seller via the EU platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN .
The use of non-judicial means of dealing with complaints and pursuing claims is voluntary and may take place when both parties of the dispute agree.
Disputes arising from the provision of services under these Regulations shall be resolved by a common court according to the choice of the Client in accordance with the relevant provisions of Polish law.
The Seller respects all rights of the Customer under the provisions of Polish law.
Seller reserves the right to change these Regulations for important reasons, including due to the change in the provisions of applicable law. The Seller is obliged to notify Clients at least 14 days before the updated version of the Regulations becomes effective on the Online Store's website.
The provisions of the new Regulations shall not apply to orders and contracts concluded before the updated version comes into force and shall not affect the rights acquired by the Customer pursuant to the provisions of the previous Regulations.
The customer has the right not to accept the new wording of the Regulations.
The content, in particular graphics, texts, layouts and colors of the website, are the property of the Seller and are subject to protection of the provisions of the Copyright and Related Rights Act. Each use of the content requires the written consent of the Seller. Failure to obtain consent may result in criminal and civil liability.
Disputes arising from the provision of services under these Regulations shall be resolved by a common court according to the choice of the Client in accordance with the relevant provisions of Polish law.
Annexes to the Regulations constitute its integral part.
The Regulations enter into force on June 1, 2017