TERMS AND CONDITIONS
The regulations specify the rules of providing sales services through the website of the online store operating under the domain:
It is a document required under Art. 13 of the Act of 30 May 2014 on Consumer's Rights (Dz. U. 2014, poz. 827).
The SELLER and at the same time the ADMINISTRATOR of the online store is the company:
A company entered in the National Court Register under the number
The company has been assigned a registration number:
Company's share capital - 5000 zł .
Before placing an order, the BUYER shall have the right to negotiate all provisions of the contract with the Seller, including those amending the provisions of the following regulations - within the limits allowed by the regulations. Such negotiations shall be in writing to be valid. If the BUYER resigns from the possibility of concluding a contract through individual negotiations, the following regulations shall apply.
- ON-LINE SHOP - means that the CONTRACT of sale or provision of the service is concluded by electronic means and if the CONSUMER is a party to the contract, it takes place under the conditions described in the Act dated 30 May 2014 on Consumer's rights(Dz. U. (Journal of Laws) 2014, pos. 827).
- CUSTOMER - a natural person, as well as a legal person and an organizational unit which is not a legal person to which specific provisions grant legal capacity and which makes or intends to make a contract or use other services offered through the website of the INTERNET SHOP.
- CONSUMER - CUSTOMER, a natural person performing with the SELLER a legal transaction not directly related to its business activity - precise definition - Civil Code Art.22.
- PRODUCT - thing offered for sale or service offered in the ON-LINE SHOP.
- TERMS AND CONDITIONS - these Regulations of ON-LINE SHOP.
- SALES CONTRACT - PRODUCT sales contract concluded at a distance through the ON-LINE SHOP.
- ORDER - a declaration made electronically or by telephone that you wish to enter into a contract (order a product or service).
B. General Provisions.
- Scope of activity - mail order sales of individually designed gabion baskets constructions, using the website.
- The SELLER shall apply the European Code of Conduct for Electronic Commerce. Below is a link to the English language version of the Code: http://www.euro-label.com/en/code-of-conduct/index.html
- CUSTOMER - is obliged to enter data into the system in accordance with the facts, law and good manners. The data provided must not violate personal rights or property rights of third parties.
- The SELLER is a VAT payer and issues a sales document - a receipt or an invoice - for each product sale transaction.
- Commercial information - pricelists, descriptions, advertisements and other information about the Products, which can be found on the SELLER's website, constitute an invitation to conclude an agreement within the meaning of Art. 71 of the Civil Code.
- The ON-LINE SHOP carries out orders with shipment to EU countries. Shipping conditions - in particular the costs and time of delivery - are agreed individually and depend on the chosen method and place of delivery.
- Before placing an order, the CLIENT must read these T&C. The fact of acquaintance and acceptance of all the provisions of these Regulations is confirmed openly during registration in the system and before the final order confirmation. The order form will not be accepted without such confirmation.
- You can place your order electronically 24 hours a day, 7 days a week.
- The execution of the order (preparation and dispatch of the PRODUCTS) by the SELLER follows:
- a) after receiving the payment to the account - if a prepayment is selected.
- b) for card payments - from the moment of obtaining a positive authorization.
- Order lead time for low volume products complexity - about 20 working days from the date set in the previous point. The date of implementation will be specified in the confirmation of receipt orders.
- After placing an order, it is not possible to modify it.
- The final construction of the product and the list of elements used shall be specified by the manufacturer and may differ from the information obtained during design.
- Prices of products listed in the shop's offer are prices in Polish currency and are gross prices (they include legally required taxes, including VAT).
- Product prices indicated do not include delivery costs.
- The final price for the CUSTOMER is the price valid at the time of order placement.
E. Payment methods.
- prepayment - by bank transfer to the bank account specified in the SELLER's data or sent in the order confirmation;
- payment in cash on personal collection - the ordered products should be picked up at the company's headquarters at a previously agreed time;
- on-line payment system PayU – PayU S.A. administered system headquartered in Poznań, (60-166 Poznań, ul. Grunwaldzka 182), entered in the Polish National Court Register (Poznań - Nowe Miasto i Wilda, Wydział VIII Gospodarczy Krajowego Rejestru Sądowego) under the KRS number: 0000274399, Company's share capital - 4.000.000 zł - entirely paid, with assigned registration numbers NIP: 7792308495 and REGON 300523444, The payment system executes payments by payment cards - Visa, Visa Electron, MasterCard, MasterCard Electronic and Maestro;
- In case of choosing prepayment by bank transfer the CUSTOMER is obliged to pay the price under the Sales Agreement within 7 days from the date of its conclusion, unless the Parties to the Sales Agreement agree otherwise.
- The SELLER has the right to limit the available payment methods, including the requirement to make a prepayment in whole or in part .
- Delivery costs shall be borne by the CUSTOMER unless the product offer description provides otherwise .
- When filling in the interactive order form, the CUSTOMER is informed about the costs and chooses the way and accepts the shipping cost when placing an ORDER.
- Shipping costs and delivery time are determined individually.
- We send the purchased products by post or courier services.
G. The right to withdraw from the contract (RETURN OF GOODS) in case of distance selling with the CONSUMER.
- according to Art. 27 of the Act on CONSUMER'S RIGHTS (Journal of Laws 2014, item. 827) CONSUMER concluding a "remote contract" - has the right to withdraw from the contract without giving any reason - within 14 calendar days from the date of taking possession of the PRODUCT (if the product consists of multiple items that are delivered separately, in batches or parts, the time limit starts from taking possession of the last item, batch or part, if the contract consists in the regular delivery of Products for a fixed period of time - from the date of taking possession of the first Product - or in the case of services or a contract of a different nature - 14 days from the date of conclusion of the contract, however, if the BUYER is a CONSUMER, the SELLER's entrusting of the sold item to a carrier by the SELLER shall be deemed to have given it to the buyer, if the SELLER had no influence on the choice of the carrier by the buyer. In case of withdrawal from the contract, the CONSUMER is entitled to reimbursement of the costs incurred. If at the time of concluding the contract the CONSUMER has chosen a method of delivery other than the cheapest usual way offered by the SELLER, the SELLER shall not be obliged to reimburse the CONSUMER for the additional costs incurred by it in excess of the cheapest way. The condition for meeting the deadline is that the SELLER has to submit a declaration of withdrawal from the contract to the SELLER at that time. The declaration sent by e-mail is also important - you can use the ready-made form. (Contract withdrawal form.pdf). If the declaration is made in electronic form, the SELLER will immediately send the CONSUMER on a durable medium a confirmation of receipt of the declaration of withdrawal from the contract.
- After sending the statement, the CONSUMER is obliged, within 14 calendar days (counted from the date of sending the statement of withdrawal from the contract), to return the product to the address to the CORRESPONDENCE given in the SELLER's data - unless the SELLER has offered to collect the PRODUCT itself. The date of shipment is decisive for meeting the deadline.
- The CONSUMER is liable for any reduction in the value of an item resulting from its use other than that necessary to establish the nature, characteristics and functioning of the item.
- The SELLER shall reimburse the payments made by the SELLER within 14 calendar days, including the costs of delivering the goods from the SELLER to the CONSUMER. However, the SELLER may withhold the return of the payment until the return has been received or the CONSUMER has provided evidence of its return, whichever comes first. The SELLER shall refund the payment using the same method of payment as used in the CONSUMER, unless the CONSUMER has expressly agreed to another method of refund that does not involve any additional costs for the SELLER. If the payment was made with a payment card, the SELLER will make a refund to the bank account assigned to the Orderer's payment card.
- Direct costs of returning the PRODUCT to the SELLER shall be borne by the CONSUMER (CUSTOMER).
- The right of withdrawal from a distance contract shall not apply to the CONSUMER in the cases listed in the Annex.
- The SELLER does not receive "cash on delivery" shipments. The return shipment should be adequately protected against damage during transport.
H. Liability under warranty and guarantee for sales involving the CONSUMER.
- The SELLER is obliged to deliver the PRODUCT which is the subject of the contract - without defects.
- The SELLER is liable under the warranty for physical defects that existed at the time the danger passed to the buyer or resulted from a cause inherent in the item sold at the same time - for a period of 2 years.
- The SELLER shall be released from warranty liability if the CONSUMER knew of the defect at the time of conclusion of the contract.
- If a defect or non-conformity of the delivered PRODUCT with the contract is found, the CONSUMER has the right to lodge a complaint.
- In order to make a complaint, we recommend that the CONSUMER fills in the complaint protocol (Complaint form.pdf), or in any other form describes the basis of the complaint and requests for removal of defects and sends the complaint by e-mail or post to the SELLER's correspondence address given in the header. The application can also be made by phone or orally.
- Defective PRODUCT - in agreement with the SELLER - if it is possible and reasonable - the CONSUMER, who performes the rights under the warranty, shall be obliged, at the cost of the SELLER, to deliver the item to the place marked in the contract of sale, and if such place is not specified in the contract - to the place where the item was delivered to the CONSUMER. If, due to the type of thing or the method of its installation, it would be excessively difficult for the CLIENT to deliver the thing, the CLIENT is obliged to make the thing available to the SELLER at the place where the thing is located.
- If the item sold has a defect, the CUSTOMER may make a declaration to reduce the price or to withdraw from the contract, unless the SELLER immediately and without undue inconvenience to the buyer replaces the defective item with an item free of defects or removes the defect. This limitation shall not apply if the item has already been replaced or repaired by the SELLER or the SELLER has failed to fulfil its obligation to replace the item with a defect-free item or to remedy the defect.
- If the BUYER is a CONSUMER, the BUYER may, instead of the remedy proposed by the seller, require that the item be replaced with a defect-free item or that the item defect will be removed, unless bringing the item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to the way proposed by the seller. When assessing the costs excessive, the value of the defect-free item, the nature and significance of the defect found shall be taken into account, as well as the inconvenience to which the buyer would have been exposed by other means of redress.
- The reduced price shall be in such proportion to the contractual price as the value of the defective item remains to the value of the item without defect.
- The BUYER cannot rescind the contract if the defect is insignificant.
- The SELLER will consider the complaint without undue delay. Not later than within 14 calendar days from the date of receipt of the complaint and will inform the CONSUMER in writing or electronically about the status of the complaint. Leaving the complaint unanswered at that time is tantamount to acknowledging the complaint.
- After considering the complaint, the SELLER shall reimburse the CONSUMER for the costs related to the complaint and incurred by the CONSUMER. The SELLER shall transfer the amount due to the CONSUMER to a bank account or by postal order.
- If the acknowledgement of the complaint is related to the repair or exchange of goods - the SELLER will send the CONSUMER's product back at its own expense.
I. Complaints and withdrawal from the contract (return) in relations with non-consumers (concerns entrepreneurs).
- This point of the Terms and Conditions shall only apply in relations with non-consumer BUYERS.
- The warranty shall expire 24 months after the date of receiving the PRODUCT.
- The CLIENT has the right to choose the method of delivery - including sending the carrier ordered by him/her who will collect the PRODUCT on his/her behalf.
- If the item sold is to be sent by the SELLER, delivery shall be deemed to have been effected when, in order to deliver the item to the place of destination the SELLER entrusted it to the carrier carrying such goods.
- On delivery of the sold item, the benefits and burdens associated with the item and the danger of accidental loss or damage to things.
- Upon receipt of a shipment with ordered products the CUSTOMER is obliged to examine the shipment in time and in a manner accepted for such shipments. If it finds out that during transport the Product has been lost or damaged, the CUSTOMER is obliged to perform all actions necessary to determine the responsibility of the carrier. If the CLIENT has not inspected the goods and has not immediately notified the seller of the noticed defect, and in case the defect came to light only later - if the CLIENT has not notified the seller immediately after its detection - the warranty is lost.
- The liability of the SELLER, regardless of its legal basis, is limited - both within the framework of a single claim as well as for all claims in total - to the amount of the price paid and delivery costs under the concluded contract. The SELLER shall be liable only for typical damages foreseeable at the time of concluding the contract and shall not be liable for the lost profits by the CLIENT.
- If there are no cases of the SELLER's warranty liability entitling the CLIENT to return the PRODUCT, the CLIENT may return the purchased PRODUCT only with the consent of the SELLER, at the cost of the CLIENT, if the PRODUCT is not used, in the factory sealed packaging
- If the item sold has defects, the CUSTOMER may withdraw from the contract or demand a price reduction. However, the CUSTOMER cannot withdraw from the contract if the seller immediately replaces the defective item with an item free from defects or promptly removes the defects. This limitation does not apply if the item has already been replaced by the seller or repaired, unless the defects are insignificant.
- The SELLER shall not accept any consignments sent on delivery.
- Any disputes arising between the Seller/Service Provider and the CLIENT shall be submitted to the court having jurisdiction over the seat of the SELLER.
- Regulations concerning the principles of warranty for defects and quality guarantee - not mentioned above - in contracts with entrepreneurs are adopted directly in the wording adopted in the Civil Code art.556-581.
J. Electronic services and technical conditions for using the website
- SELLER - in order to enable the conclusion of a contract, the SELLER provides services through the website of the online store:
- creation and administration of a CLIENT account in the online store;
- processing of the product order form in the online shop;
- by means of an electronic model withdrawal form (Annex to the Regulations),
- by e-mail or in writing to the registered office of the SELLER (SERVICE PROVIDER)
- In case of a service concluded for an indefinite period of time, both parties have the right to terminate the agreement:
- The CONSUMER may terminate the agreement for the provision of services by electronic means at any time by making an appropriate statement in an electronic form or in writing to the SELLER's address. The SELLER shall immediately confirm receipt of the statement. Within 7 days from the receipt of the notice, the SELLER shall remove from the data the records covered by the protection of personal data related to the service and stop to provide it.
- The SELLER shall terminate the contract for the provision of services by electronic means if the CONSUMER objectively and illegally grossly violates the Regulations - with a 30-day notice period from the date of the notice. If both parties to the agreement are entrepreneurs, the SELLER may in such a situation terminate the agreement for provision of electronic services with immediate effect.
- The SELLER and the CUSTOMER may terminate the contract for electronic services at any time by mutual agreement of the parties.
- Complaints will be dealt with immediately, no later than within 14 days. Failure to consider the complaint within this period means that the complaint will be accepted.
K. Processing and protection of personal data
- The administrator of the CLIENT's Personal Data processed in connection with the use of the ON-LINE SHOP is the SELLER.
- The provision of personal data, as well as your consent to its processing, is entirely voluntary. All personal data provided to us are processed only to the extent and for the purpose for which the CUSTOMER has agreed. In case the CUSTOMER does not provide the data necessary to process the order and does not agree to its processing, it may be impossible to process the order.
- The administrator ensures the security of the transferred data and the execution of the CLIENT's rights, resulting from the GDPR Regulation.
- The CUSTOMER has the right to access the content of his personal data and to correct the request for its complete deletion or to limit the right to process his personal data, the right to object to the processing - for this purpose, you can use the functions in the shop's program to update your account data or please send a request (e.g. to a given e-mail address) with a request to make changes or delete the data from the register. Customer has the right to revoke the consent at any time.
- The CUSTOMER has the right to receive data concerning him/her in a structured, commonly used machine-readable format. He also has the right to send this data to another controller, without hindrance from the ADMINISTRATOR from whom the data will be extracted (art. 20 ust. 1). Where technically possible, the CUSTOMER may request the ADMINISTRATOR to send his data directly to another controller (art. 20 ust. 2).
- The ADMINISTRATOR may refuse to delete the CLIENT's data only in the cases indicated by the applicable regulations, in particular if the CLIENT has not paid all the amounts due to the ADMINISTRATOR.
- The following CONSUMER'S data is required for the handling of the contract:
- name and last name,
- shipping address for products,
- e-mail address,
- phone number,
- in case of a company additionally the company name and tax number.
- All personal data provided during the ordering process are used solely for the purpose of shaping, concluding, amending or terminating the Agreement between the SERVICE PROVIDER and the CUSTOMER and executing a Sales Agreement or an agreement for the provision of Electronic Services or the execution of an order and are not made available to other institutions or third parties - except as described in point 6.
- In case of selling products through the ON-LINE SHOP in order to deliver products to the CLIENT, personal data necessary to address and deliver the parcel shall be provided to companies professionally engaged in delivery of parcels - especially the Polish Post Office, and courier companies - together with entrusting the parcel for delivery.
- Personal data shall be processed only for the period necessary for the performance of the contract or the purpose for which consent was given.
- - for maintaining an account in the Online Shop database - the basis for processing this data is an agreement (regulations), which has been accepted by the User. We will process this data until the User terminates the concluded agreement or until the statute of limitations on possible claims;
- - data in sales documents - for the period required by accounting regulations;
- - the e-mail address used to send out the newsletter - for the period of validity of your consent. Consent may be revoked at any time ;
- - address data used to send marketing information about the Administrator's own services - (the basis for processing is the Administrator's legitimate legal interest - art. 6 ust. 1 f) GDPR). We will process these data until the CUSTOMER object to the processing of data for this purpose.
- The client has the right to lodge a complaint against ADMINISTRATOR's actions with the President of the Office for Personal Data Protection.
L. Final provisions
- The agreement is concluded in Polish and under the jurisdiction of Polish law. This choice does not, however, deprive the CONSUMER of the protection afforded to him by the provisions that cannot be excluded by contract, under the law of the country in which the CONSUMER has his habitual residence and the entrepreneur directs his business to that country and the contract falls within the scope of that business.
- The provisions of these Regulations are not intended to exclude or restrict any rights of a CLIENT who is also a CONSUMER within the meaning of the Act of 23th of April 1964 - Civil Code (Dz. U. nr 16, poz. 93 ze zm.) - to which he is entitled under the applicable laws. In the event that the provisions of these Rules and Regulations are incompatible with the above provisions, those provisions shall prevail.
- The content of the Regulations is available at all times in the REGULATIONS tab on the SELLER's website and can be copied and printed at any time by the Buyer. The content of the REGULATIONS can also be sent at any time by e-mail or post at the Client's request. The REGULATIONS together with their attachments are also delivered to the CLIENT in the attachment to the e-mail message confirming placing an order and concluding a contract.
- In matters not covered by these Regulations, the relevant provisions of law shall apply, in particular:
- The act dated 23 April 1964, Civil Code (Dz.U. (Journal of Laws) 1964 no 16 pos. 93 with changes);
- The act dated 10 May 2018 on the protection of personal data (Dz.U. (Journal of Laws) dated 24 May 2018 pos. 1000 )
- Regulation of the European Parliament and of the Council (UE) 2016/679 dated 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 the Directive 95/46/WE (general data protection regulation) – hereinafter referred to as GDPR and related provisions.
- The act dated 18 July 2002 on provision of services by electronic means (Dz.U. (Journal of Laws) 2013 pos. 1422);
- The act dated 30 June 2000 industrial property law (Dz.U. (Journal of Laws) 2001 No 49 pos. 508 with changes);
- The act dated 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych (Dz.U. (Journal of Laws) 2006 No 90 pos. 631 with changes),
- The act dated 30 maja 2014 r. o prawach KONSUMENTA (Dz. U. (Journal of Laws) 2014, pos. 827)
- In case that the REGULATIONS contain provisions contrary to the aforementioned or other regulations in force in the Republic of Poland, such provisions shall prevail over the wording of the REGULATIONS.
- If any provision of these Regulations is found to be illegal, invalid or otherwise unenforceable to the extent provided by law, it shall be excluded to that extent. For the rest, the Regulations shall remain in force.
- All names of PRODUCTS offered for sale by the INTERNET SHOP are used for identification purposes and may be protected and reserved under the provisions of the Industrial Property Law Act.(Dz.U. (Journal of Laws) 2001 no 49 pos. 5081 with changes).
- All photographs on the WEBSITE are protected under the Act of 4 February 1994 on Copyright and Related Rights – (Dz.U. (Journal of Laws) 1994 no 24 pos. 83 with changes) - have a creative and individual character. They cannot be copied without the consent of the Website Administrator.
- In the case of disputes related to the performance of the concluded agreement, the parties will strive to resolve the dispute by means of out-of-court arbitration proceedings - including the resolution of the dispute before a mediator. In the absence of an amicable settlement of the dispute, the Common Court shall be competent to settle the dispute.
- In performing our obligation to indicate out-of-court complaint and redress procedures and rules of access to these procedures, we hereby inform you that up-to-date information in this respect is made available on the website: http://prawaKONSUMENTA.uokik.gov.pl. Konsumenci i przedsiębiorcy mogą wykorzystać do polubownego rozstrzygania sporów powołaną przez Komisję Europejską internetową platformę ODR. The platform is available at: http://ec.europa.eu/consumers/odr/. UOKIK maintains a register of entities entitled to out-of-court settlement of consumer disputes at the following address https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
- Content of the Annexes num 1,2 and 3 forms an integral part of these T&C.
- for the provision of services, if the SELLER has fully delivered the service with the express consent of a CONSUMER, who was informed prior to the delivery of the service that once the Online Shop delivers the service, the CONSUMER would lose their right to withdraw from the contract;
- where the price or fee depends on fluctuations in the financial markets, which are not controlled by the Online Shop and which may occur before the time limit for contract withdrawal;
- where the subject of the contract is not a standard Product but a custom product manufactured according to the consumer's specifications or used to meet their specific needs;
- where the subject of the contract is a perishable Product or a Product with a short shelf life;
- where the subject of the contract is a Product delivered in sealed packaging, which, after the packaging is opened, cannot be returned for health or hygiene reasons, if the packaging has been opened after the delivery;
- where the subject of the contract is a Product, which after delivery, because of its nature, is inseparably connected with other items;
- where the subject of the contract consists of alcoholic beverages with the price agreed upon the conclusion of the Contract of Sale, and which can be delivered only after 30 days and with the value dependent on fluctuations in the market that are not controlled by the Seller;
- a contract in which the CONSUMER expressly requested the entrepreneur to come to it for urgent repair or maintenance. Where a trader provides additional services other than those for which the CONSUMER has requested them or provides goods other than replacement parts necessary for the performance of repair or maintenance, a right of withdrawal is granted by the CONSUMER in respect of the additional services or goods;
- where the subject of the contract consists of sound or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after the delivery;
- for the provision of newspapers, periodicals and magazines, except for subscription contracts;
- concluded through a public auction;
- contracts for the lease of a building or premises for non-residential purposes, carriage of goods, car rental, catering, leisure services, if the contract specifies the date or period of service provision;
- contracts for the supply of digital content which is not recorded on a tangible medium, where performance has begun with the express consent of the CONSUMER before the end of the withdrawal period and after the trader has informed him of the loss of the right of withdrawal.
Annex no 2 - " Contract withdrawal form.pdf "
Annex no 3 - " Complaint form.pdf "