Terms and conditions for the sale of the online store https://domkisauny.pl along with the use of remote communication channels and the provision of electronic services
The terms and conditions contain general rules for making purchases in the online store run and made publicly available by the Seller in the internet domain https://domkisauny.pl.
The seller is the entity “A&M” RZEPA I WSPÓŁNICY SPÓŁKA JAWNA, tax number: 5492440516, National Business Registry Number: 360835409, National Court Register: 0000544909, registered office: ul. Szkolna 98, 32-641 Przeciszów.
§ 1 Definitions
- Terms and conditions apply to this document dealing with the scope of services provided via electronic means, and referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services ( U. of 2002, No. 144, item 1204, as amended).
- Customer – a natural person (also referred to as the Buyer) who is at least 13 years old, with the proviso that a person under 18 years of age is required to obtain consent from their statutory representative (legal guardian). The customer may also be a legal person or an organizational unit without the general status of a legal person (but provided that specific provisions grant it legal personality), which makes or takes unambiguous actions indicating that the Order has been placed or uses other services provided by the Online Store (also applies to of the consumer).
- The subject of the transaction – these are all goods and services listed and described as part of the Online Store website. In turn, the Seller makes every effort and ensures that the offer displayed on the websites is updated and consistent with the facts. In the event that selected products or services are not available, the Seller undertakes to immediately inform the Buyer about such a situation by phone or electronically.
- Goods – means any movable item that is the subject of the sales contract.
- Additional service – a type of service that is provided by the Service Provider to the Customer, excluding the Online Store, but related to the nature of the products offered and sold.
- Product – means all Goods and Additional Services intended for sale/provision and displayed on the websites of the Online Store.
- Sales contract – means a contract for the sale of Products in accordance with the meaning of the Civil Code ( U. 1964, No. 16, item 93, as amended), which is concluded between the Service
- Provider and the Customer using means of distance communication, including is a telephone contact.
- Online Store https://domkisauny.pl (also referred to as the Store, Online Store) – means the website available at https://domkisauny.pl, which enables the Customer to purchase the Products offered.
- Service Provider – means the company “A&M” RZEPA I WSPÓŁNICY SPÓŁKA JAWNA with its registered office in 32-641 Przeciszów, at Szkolna 98, tax number: 5492440516, National Business Registry Number: 360835409, entered into the register of entrepreneurs kept by the District Court for Kraków Śródmieście in Kraków, XII Commercial Division under the National Court Register number: 0000544909, e-mail: firstname.lastname@example.org, which is also the owner of the Online Store https://domkisauny.pl.
- Party – means both the Service Provider and the Customer.
- Store’s website – means any website (or subpage) displayed at the address (domain) https://domkisauny.pl.
§ 2 General rules
- In order for the Buyer to be able to effectively place an Order in this Online Store, it is necessary to perform joint activities such as reading these Terms and Conditions and accepting the provisions contained in the Regulations when placing the Order.
- The online store https://domkisauny.pl deals with retail sales using and via the Internet.
- Each Product available in the offer of the Online Store https://domkisauny.pl is brand new, originally packed, free from physical and legal defects, and has been legally introduced to the Polish market in compliance with the law in force in the territory of the Republic of Poland.
§ 3 Placing orders
- Placing an order by the Customer is possible via a dedicated, interactive form, which is available on the website/subpage of the Online Store adapted for this purpose. The order to the location indicated by the Customer specifies and informs the Customer, among others, with parameters such as: type of Goods, price or quantity (number of items).
- Correct submission of the Order by the Customer causes the Seller to send information about the placed Order to the Customer’s e-mail address. Importantly, this information does not constitute confirmation of acceptance of the Customer’s offer. This is only information that the Seller has received the Order.
- The next step is the procedure of verifying whether the placed Order can be accepted for execution. If the Seller finds that it is impossible to complete the placed Order, it immediately sends to the Customer’s e-mail address information on the refusal to accept the placed Order for execution.
- If the Seller accepts the Order from the Customer, he immediately sends an e-mail with information about the approval of the order and the start of the process of its implementation. When the Customer receives this type of statement (approval and commencement of implementation), a distance sales contract is concluded between the Parties, i.e. the Buyer and the Service Provider.
- If there is a situation when the Customer is a Consumer, the Seller is obliged to confirm the fact of concluding the Distance Sales Contract along with the agreed terms, only on a durable medium by the time of delivery of the Goods to the Consumer.
- Orders in the Online Store https://domkisauny.pl can be placed in any way chosen by the Customer from the following:
– through the IT system using the websites of the Online Store https://domkisauny.pl and e-mail;
– by telephone contact at the number indicated for placing Orders (or general) visible on the website of the Online Store.
Regardless of the method of placing the Order, each Order placed by the Customer in the Online Store must contain the following data enabling the correct conclusion of the Sales Agreement, Order fulfillment and possible shipment (delivery):
– name and surname of the Ordering Party; Ordering Party’s postal address;
– Ordering Party’s e-mail address;
– Tax number (applies only to business entities purchasing the Goods and is necessary to issue a correct VAT invoice);
– delivery address;
– Phone number;
– name, quantity and price of the ordered Goods or Goods.
- The Seller confirms the acceptance of the Order for execution (or informs about the refusal to execute it) within a maximum of 24 working hours (working hours are 8.00-17.00 from Monday to Friday, except for public holidays) from the moment of placing the Order by the buyer.
- Orders can be placed by both logged-in users (with a registered Customer Account) and Guests (users without a registered Customer Account).
§ 4 Costs and delivery date
- The Online Store sends the ordered Goods to the address provided in the Order form or provided during telephone contact or via e-mail. The Online Store will immediately inform the Customer if he has incorrectly completed the Order form, which may result in the inability or delay in sending the shipment.
- Shipping of the Goods is possible in three ways:
1. personal collection by the Buyer at the seat of the Online Store or in another convenient place mutually agreed by the Online Store and the Buyer;
2. via a specialized courier company – this applies primarily to Goods with standard dimensions, while the shipment of Goods with non-standard dimensions is determined individually after placing the Order and after the Customer’s acceptance;
3. using own transport at the disposal of the Online Store – applies primarily to Goods with non-standard dimensions; in such cases, the delivery date and its costs are determined individually after placing the Order and after the Customer’s acceptance.
- The delivery date for standard-size parcels given for the product displayed on the Store’s website is an indicative delivery time and applies to shipments after prepayment (cash on delivery). If the Customer chose a different payment option when placing the Order, then the time necessary to credit the funds to the bank account of the Online Store should be added.
- Shipping (delivery) costs are covered by the Buyer in accordance with the applicable price list or the price set individually, resulting from the delivery of Goods with non-standard dimensions. The amount of the shipping (delivery) fee depends on the dimensions of the purchased Goods, the choice of payment method and delivery method or individual arrangements between the Online Store and the Buyer. The price list of shipping costs for Goods of standard dimensions is generally available on the Store’s website https://domkisauny.pl.
§ 5 Payment
- For each sold Good, a proof of purchase is issued in the form of a receipt or a personal sales invoice.
- The payment methods available to the Customers of the Online Store are:
1. payment on delivery,
2. traditional transfer to the Store’s bank account available on the Store’s website and in the e-mail sent to the Buyer confirming the acceptance of the Order for execution;
3. Tpay electronic payment (Krajowy Integrator Płatności S.A.).
- The Service Provider may limit the availability of certain payment methods for selected Goods by disabling them.
§ 6 Receipt of goods
- Deliveries of the Goods purchased in the Online Store are carried out on the territory of the Republic of Poland.
- The customer should check the shipment before confirming its receipt from the supplier for damage to the packaging caused during transport. The buyer should pay special attention to the condition of the security tapes and seals on the shipment. If it happens that the packaging of the shipment has been damaged and/or the tapes and seals securing the contents also show signs of breaking or other damage, the Customer should refuse to accept the shipment, and then, in the presence of the courier (supplier), demand a damage report and immediately contact the Online Store in order to report this fact to the Seller and explain the situation. If the Customer neglects to check the received shipment for possible damage to the packaging and content in accordance with the Order, he should take into account difficulties or the inability to consider the complaint by the supplier, i.e. the courier company or carrier.
§ 7 Withdrawal from the contract
- When concluding a distance contract, the consumer has the right to withdraw from the contract without giving a reason, making the necessary statement in writing. This right is limited in time and lasts 14 days in accordance with the provisions of art. 27 of the Act of 30 May 2014 on consumer rights ( U. 2014, item 827, as amended). The deadline is counted from the date of delivery of the Goods, and if the Agreement concerns the provision of services, the deadline is counted from the date of conclusion of the Agreement. What’s more, the 14-day deadline is non-extendable, and it is enough to send the aforementioned statement before the expiry of this deadline.
- The right to withdraw from a distance contract applies only to consumer sales, i.e. it can only be used by natural persons who purchase the Goods solely for their own use, excluding professional and/or business activity.
- Goods returned in the mode of withdrawal from a distance contract will be accepted by the Seller only when they are returned fully complete, without damage and any signs of use, except for those that indicate a control check of the condition and efficiency of the Goods.
- The provisions of the said Act specify that the return is not possible in the cases referred to in art. 38 of the Act on Consumer Rights ( U. 2014, item 827, as amended).
- If the Consumer decides to exercise the right to withdraw from a distance contract, the returned Goods should be sent back at the Consumer’s expense to the address of the Service Provider’s registered office.
- When sending the Goods in the return shipment, the Consumer should attach a written statement of withdrawal from the distance contract and the bank account number so that the Online Store can return the payment to him.
- The Online Store will check it within 14 working days of receiving the returned Goods (along with a statement of withdrawal from the distance contract). If the Seller finds that the returned Goods are fully complete, without damage and any traces of use, except for those that indicate a control check of the condition and efficiency of the Goods, he will issue a corrective invoice. Then the original and a copy of the correcting invoice will be sent to the Consumer by letter; The consumer, after receiving it, should send back a signed copy of the invoice to the Seller. After receiving the signed copy, the Seller will return the payment to the Consumer’s bank account provided earlier within 14 working days.
§ 8 Complaints procedure
- Products available in the Online Store https://domkisauny.pl have a manufacturer’s, importer’s or Seller’s warranty, which is valid throughout the territory of the Republic of Poland. The warranty period for each Product offered by the Store is displayed in its description on the website or subpage of the Online Store. The full terms of the guarantee are written on the guarantee form intended for this purpose, which is issued by the guarantor. Products available in the Online Store have a warranty, which is usually provided by the manufacturer’s service. Service addresses can be found on the printed warranty card, which is attached to each offered Product, and on the manufacturers’ websites. The Buyer has the option of initiating a complaint procedure under the Guarantee through and with the help of the Seller.
- The Service Provider is obliged to consider the complaint and determine its legitimacy within 14 days from the moment of receipt of the Product sent by the Buyer and notify the Buyer of this fact by phone, electronic communication or by letter.
- If the warranty was provided by the Service Provider, the Product should be sent back at the Service Provider’s expense and to its address.
- A product that has been repaired under the Guarantee is sent at the expense of the Service Provider.
- If the Goods are inconsistent with the Sales Agreement, the Buyer should return the Goods under complaint at the expense of the Service Provider, attaching to it a letter indicating and specifying the scope and type of non-compliance, in accordance with the provisions of the Act of 30 May 2014 on consumer rights ( U. 2014 , item 827 as amended).
- The customer may lose his rights set out in the above Act if he does not notify the Online Store of this fact within 2 months from the moment of finding the non-compliance of the Goods with the Sales Agreement.
- In order to keep the period of 2 months, a written notification should be sent to the Service Provider before the expiry of this period. If the sale did not concern the Consumer, but the business entity, the provisions contained in art. 556-576 of the Civil Code ( U. 1964, No. 16, item 93, as amended).
- The Service Provider is the administrator of personal data databases, which are transferred by Customers to the Online Store as part of the purchasing process.
- Personal data obtained by the Store are used only for the proper implementation of Sales Agreements. Therefore, they may be transferred to entities responsible for the delivery and transport of the Goods purchased by the Customer, and in the case of purchase in installments, Customers’ personal data may be transferred to institutions crediting the purchase. Each customer has the right to access their personal data, as well as to correct them in accordance with the Act of February 21, 2019 amending certain acts in connection with ensuring the application of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 of April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) U. 2019, item 730. The customer provides his personal data to the Store in a conscious and voluntary manner.
§ 10 Final Provisions
- In the case of matters not regulated in these Regulations, reference should be made to the law specified in the Act of 30 May 2014 on the protection of consumer rights ( U. 2014, item 827, as amended) and the Act of 23 April 1964. Civil Code (Journal of Laws 1964, No. 16, item 93, as amended).
- Any disputes arising from the application of these Regulations and in relation to the implementation of Agreements concluded between the Online Store and Customers will be resolved by the competent court according to the provisions on material and local jurisdiction based on the provisions of the Act of November 17, 1964. Code of Civil Procedure (U.K. 1964, No. 43, item 296, as amended).
- The Service Provider has the right to make justified changes to these Regulations, and in the case of Agreements concluded between the Parties before amending the Regulations, the provisions of the version of the Regulations in force at the time of placing the Order by the Customer in the Online Store shall apply.
- Date of publication of these terms and conditions – October 5, 2022.