Terms and conditions
Terms and conditions
I DEFINITIONS
Terms used in the Terms and Conditions mean:
1. Personal Data – information about an identified or identifiable natural person.
2. Delivery – the actual act of delivering to the Customer by the Seller, via the Carrier, the Product specified in the Order,
3. Working day – every day from Monday to Friday, excluding public holidays in Poland,
4. Password – is a sequence of letters, digits or other signs selected by the Customer during the Registration in the Online Store, used to secure access to the Account in the Online Store,
5. Client – an entity for which services may be provided electronically or with which a Sale Agreement may be made, in accordance with the Terms and conditions and legal provisions,
6. Civil Code – Act of 23 April 1964 (Journal of Laws of 2016, item 380, as amended) Civil Code,
7. Consumer – a natural person within the meaning of art. 22(1) of the Civil Code that performs with the trader a legal act not related directly to its business or professional activity,
8. Account (Customer Account) – part of the Online Store, under which the Customer can use selected functionalities indicated in the Terms and Conditions,
9. Login – is an identification of an individual Customer determined by the customer, consisting of a string of letters, digits or other signs, required together with the Password to set up a Customer Account in the Online Store. The login is the actual email address of the Customer,
10. Product / Products – a movable item / goods that the Customer can Order via the Online Store,
11. Carrier – the entity with which the Seller cooperates in the scope of making the Delivery of Products, i.e.:
courier/delivery company – UPS, FEDEX, GLS, DPD, TNT, ALLEKURIER, APACZKA
InPost Paczkomaty Sp. z o.o. with headquarters in Krakow, providing delivery and operating the system of post office boxes (Parcel Locker),
Poczta Polska S.A. with headquarters in Warsaw.
12. Terms and conditions – these sale regulations,
13.Registration – one-time activity consisting of setting up a Customer Account independently by the Customer, using the tools provided on the Website,
14. Regulation – Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regards to the processing of personal data and the free movement of such data and repealing Directive 95/46 / EC (general regulation on data protection).
15. Online Store – an online store run by the Seller on the Website, through which the Customer can buy the Product from the seller,
16. Seller – Dariusz Gapski, operating under the name Plywood Project Dariusz Gapski with headquarters at Unii Lubelskiej 3, 61-249 Poznan, NIP 784-235-74-10, REGON 366130176, who is also the owner of the Online Store with the registered office at ul. Uni Lubelskiej 3, 61-249 Poznań,
17. Store Website – websites, under which the Seller runs the Online Store, operating in the domain www.plywoodproject.com,
18. Sale contract – a product sale agreement, regulated in the Civil Code, concluded between the Seller and the Customer with the use of means of distance communication – in the Internet Store, via the Website, as well as via electronic means of remote communication (eg e-mail).
19. Order – Customer’s declaration of will; made via the Online Store as well as via other electronic means of remote communication (e.g. electronic mail); the order specifies: the type and quantity of Products present in the Online Store assortment at the time of ordering, payment method, delivery method, place of release of the products and customer data; being an offer of sale agreement of the products which are the subject of the order submitted by the Customer to Plywood Project via the Online Store.
II GENERAL PROVISIONS
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to patterns, forms, logos placed on the Shop Website (except for a few logos) belong to the Seller or entities with which the Seller has entered into appropriate agreements, and their use may only take place in a manner specified and in accordance with the Terms and conditions.
2. The Online Store is made available by the Seller via the Internet and the Online Store Website as a resource of the IT system.
3. It is forbidden to use the Online Store or the Online Store Website by Clients or third parties to send unsolicited commercial information.
4. It is prohibited for the Customer to provide illegal content and to use the Online Store, the Shop Website or free services provided by the Seller in a manner contrary to the law, good practices or violating personal rights of third parties.
5. The Terms and conditions define the rules for the provision of the Seller’s services as part of the Online Store at: www.plywoodproject.pl
6. Regulations of the Online Store shall apply to Orders placed via the Website, even if no Registration has taken place.
7. The Seller shall do its best to make the use of the Online Store possible for Internet users using popular Internet browsers, operating systems, device types and Internet connection types. The minimum technical requirements for using the Store Website are the following Internet browsers’ versions: Internet Explorer 8 or Chrome 16 or FireFox 10 or Opera 11 or Safari 5 or newer, with Javascript enabled, accepting “cookies” and Internet connection. The Store website is optimized for a minimum screen resolution of 1024×768 pixels.
8. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet. The seller never asks the customer to provide him with the password in any form.
III REGISTRATION
1. To create a Customer Account, the Customer is obliged to register, which is free of charge.
2. Registration is not required to place an order in the Online Store.
3. In order to register, the Customer should complete the registration form provided by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function built in the registration form. During registration, the Customer sets an individual password.
4. As part of the Registration, the Customer provides:
– first name,
– last name,
– e-mail adress,
– phone number,
– shipping address
– data necessary to issue a VAT invoice in case such invoice is to be issued
– password
The Seller shall not be liable for any false or incomplete data provided by the Customer in the registration form.
5. When filling out the registration form, the customer has the opportunity to read the Terms and conditions, accepting its content by marking the appropriate field in the form.
6. During Registration, the Customer may voluntarily agree to the processing of his personal data for marketing purposes by checking the appropriate box in the registration form. In this case, the Seller clearly informs about the purpose of collecting personal data of the Customer, as well as about the known to the Seller or the intended recipients of such data.
7. The Customer’s consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The statement may be sent, for example, to the Seller’s address via e-mail.
8. After filling out the registration form, press the “Register” button. Then, to the e-mail address provided in the registration form, a message will be sent confirming the registration of the Customer Account. The contract for the provision of electronic services to enable the Customer to set up and use the Customer Account on the Online Store website is concluded upon receipt by the Customer of an electronic message confirming the registration of the Customer Account. The Customer Account service is provided free of charge for an indefinite period.
9. After registering the Customer Account, the Customer can log in to the Online Store by entering the e-mail address and password provided during registration.
10. The Customer may terminate the Customer Account service contract at any time, without giving reasons and without incurring costs, in particular by sending Plywood Project the Customer Account removal request along with an indication of the e-mail address currently registered in the Online Store via email to the following address: contact@plywoodproject.com or in writing to the postal address.
IV PLACING ORDERS
1. The information given on the Online Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation for the Customers to submit offers to conclude a Sale Agreement.
2. The Customer may place an Order using the order form located on the Website 7 days a week, 24 hours a day:
– after logging in to the Customer Account,
– without creating a Customer Account, after providing all data necessary to fulfill the Order,
3. The Product(s) Order will be completed if it contains:
– the names and prices of the ordered Products,
– Customer data (name and last name in case of a natural person or name in case of a legal person or an organizational unit without legal personality),
– e-mail address,
– address,
– phone number,
– payment method and delivery method,
– in case the Customer requested to receive the VAT invoice also the data necessary to issue it.
4. If the Customer chooses to place an Order without creating a Customer Account, then to submit the Order it is necessary to read and accept the Terms and conditions, which the Customer confirms by ticking the appropriate box before finalizing the order. Lack of acceptance of these Regulations by the Customer during the ordering process cancels the possibility of purchasing goods via the Online Store.
5. The customer who wants to place an order via the Shop Website, completes the order by selecting the Product / Products that he is interested in. To add Products to the order, select “TO CART” under the Product presented on the Shop Website. After choosing all the Products in the order Customer goes to the cart where he chooses the delivery method and the payment method. Then the Customer goes to the “SUMMARY” where before the order is sent to the Seller, the Customer is informed of the total price for the selected Products and Delivery, as well as all additional costs he is obliged to cover in connection with the Sale Agreement. Then the Customer places the order by sending the order form to the Seller, selecting the “Approve purchase” button on the Shop Website.
6. Placing an order constitutes the submission by the Customer to the Seller of an offer to conclude a Sale Agreement of the Goods that are the subject of the order.
7. After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
8. After placing an order by the Customer, to the e-mail address indicated in the order form or in the Customer Account, if the Customer placed an order using the Customer Account, an e-mail will be sent immediately with confirmation of receipt of the order and acceptance of the order. Once the Customer receives an e-mail from Plywood Project confirming the receipt of the order and accepting the order for execution, a sale contract is concluded between the Customer and the Plywood Project. Confirmation, disclosure, consolidation, security of the content of the concluded contract is made by sending the above-mentioned e-mail to the Customer with confirmation of receipt of the order and acceptance of the order for execution.
V CANCELLATION OF ORDERS
1. The Customer may cancel the Order before the day of receiving the e-mail, in which the Seller confirms the acceptance of the sale offer specified in the Online Store Terms and conditions. For this purpose, please contact the Seller – by phone at 609 767 553 or by email by sending a message to the address: contact@plywoodproject.com.
VI ORDER FULFILLMENT
1. The deadline for completing the Order of the Product with the status “available” is maximum 4-6 weeks, unless the seller advises at the time of conclusion of the sale contract about the extension of the order fulfillment deadline.
2. The status “available” means that the Product can be manufactured and will be manufactured within the time limit specified in the Online Store Terms and conditions in point 1 of Order fulfillment.
3. The fulfillment of the Order should be understood as the time from the moment of confirmation of accepting the purchase offer until the moment the Product is released to the Customer’s hands.
4. Information about Product availability is always given with the Product or during contact with the Customer, after prior inquiry about the availability of the Product.
5. Orders will be made subject to the availability of the Product. In the event of unavailability of the Product, the Customer will be promptly, no later than within 72 hours from the date of placing the Order, informed of the waiting time for fulfillment, with a request to confirm the will to continue with the Order, or to cancel it because of a permanent lack of Product or no possibility of its production. In case of permanent lack of the Product or the Customer’s resignation from further processing of the Order or Booking, the Customer shall immediately receive a refund of the fees paid by him, if he has paid any. Instead of a refund, the Customer may agree to extend the duration of the order fulfillment or order a different Product.
6. Products with different delivery times are sent after completing the entire order.
VII PRICES AND PAYMENT METHODS
1. The prices of the Products are given in Euro and include all components, such as VAT, etc. The price does not include the delivery fee.
2. The Customer is informed by the Seller about the total price of the Products, possible Delivery options and any additional fees, including the delivery costs, at the latest directly before placing the Order,
3. The Seller informs the Customer about the date of payment in an email confirming the acceptance of the Order.
4. During placing the Order, the Seller informs the Customer about the available payment methods:
– online payments. The entity providing online payment services by electronic means is Stripe, PayPal
Available payment form:
Credit card:
* Visa
* Visa Electron
* Mastercard
* MasterCard Electronic
* Maestro”
– bank transfer – traditional transfer
– PayPal
5. If the payment by bank transfer is chosen, the Customer is obliged to make the payment no later than within 5 working days from the date of receipt of the message about acceptance of the Order for execution, referred to in point IV.6 of the Terms and conditions. The order fulfillment starts when the payment is made by the customer.
6. A relevant sale document (receipt or invoice) issued for each Order is sent to the Customer together with the ordered Product.
7. If the Customer wants to receive a sale document in electronic form in PDF format, he may at any time request it from the Seller by sending such an application to the following address: contact@plywoodproject.pl. The Seller will send an electronic document to the Customer to the e-mail address indicated in the application, within 7 days from the date of Product release.
8. If the VAT invoice is to be issued to a customer who is running a business and / or is a VAT taxpayer, the Order must specify the data and the NIP of the Customer. By making a purchase and confirming the placement of the Order, the Customer agrees to issue a VAT invoice without signature.
VIII DELIVERY
1. The ordered Products may be delivered by the Seller to the address indicated by the Customer on the territory of the Republic of Poland via Carrier.
2. The Seller provides information about the number of Working Days needed for the Delivery and execution of the order on the Shop Website.
3. The customer is obliged to pay the costs of delivery.
4. Information about delivery costs is placed on the main page of the Product and when placing an Order via the order form located on the Website.
5. The fee for the Delivery of Products varies and depends on the dimensions of the Products ordered, including quantity, weight and size. The Customer is informed about the delivery fee when submitting an offer to buy the Product prior to the conclusion of the Agreement. Its payment takes place together with the purchase price of the Product.
6. The day the Goods are sent to the Customer (if the option of personal pick up of the Product was not chosen), the information confirming the delivery of the package by the Seller shall be forwarded to the email address of the Customer.
IX RECEIPT OF SHIPMENT BY CUSTOMER
1. At the time of receipt of the Product sent to the indicated address, the Customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand from the carrier’s employee to draw up an appropriate report. The Carrier is in possession of all the necessary forms and he is also obliged to certify the irregularities found.
2. In case of damage to the shipment during delivery or objections regarding the quantity of the delivered products, it is recommended to write a damage report in the presence of the Carrier, (if the Carrier does not have such forms with him set a different date to do so), providing the following information: date, time of delivery and description of the damage or deficiencies of the Products and packaging, then scan the signed form and sent immediately to the Seller to the following e-mail address: contact@plywoodproject.com
3. The above recommendations are aimed solely at improving the customer’s claim handling procedure. However, non-compliance with them does not affect the customer’s ability to exercise the rights in regards to defects of the Products on the basis of applicable regulations.
4. The customer has the option to personally collect the ordered Goods. The collection can be made at the address of the Online Store headquarters with the registered office at ul. Uni Lubelskiej 3, 61-249 Poznań after prior agreement with the Seller regarding the collection date.
X RETURNS / WITHDRAWAL FROM THE AGREEMENT
1. According to art. 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended) a consumer who has concluded a distance contract may, within 14 days, withdraw from this contract without providing any reasons and without incurring costs, with the exception of the cost of returning the goods.
2. The period for withdrawal from the Sale Contract starts from the moment the Customer takes possession of the Goods.
3. The Consumer may withdraw from the Sale Agreement by submitting a withdrawal declaration to the Seller. This statement may be submitted electronically to the email address: contact@plywoodproject.com or in writing to the Seller’s address. The declaration may be submitted on a form which was posted by the Seller on the Shop Website at the address: Withdrawal from the contract. To comply with the deadline, it is enough to send a statement before its expiry.
4. In the event of withdrawal from the Sale Contract, it is considered void.
5. In the event of withdrawal from the contract, the Consumer is obliged to return the goods to Plywood Project immediately, no later than within 14 days from the date the Customer informed Plywood Project of withdrawal from the contract. To meet the deadline, it is enough if the consumer sends back the goods before the 14-day deadline to the following address: ul. Uni Lubelskiej 3, 61-249 Poznań.
6. The consumer is obliged to bear the direct cost of returning the goods.
7. The Product returned by the Consumer should be packed in an appropriate manner protecting it from getting damaged during the Delivery. If possible, the product should be packed in the original packaging. The product should be returned with complete equipment and accessories as well as documents issued during its sale.
8. The Seller shall promptly, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal, return to the Consumer all payments made by him, excluding the delivery costs to the seller, provided that the undamaged goods are returned to the Seller.
9. Plywood Project may withhold reimbursement of payments received from the Customer until the Products are received back.
10. In the case of reducing the value of the Product as a result of using it in a different way than was necessary to establish the nature, characteristics and functioning of the item, the Customer is liable.
11. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
12. According to art. 38 of the Act of 30 April 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended), the Customer is not eligible for the right to withdraw from a distance contract in relation to contracts:
– for the provision of services, if the business has fully performed the service with the distinct consent of the consumer who has been informed before the service began that after the business has fulfilled the benefit he will lose the right to withdraw from the contract,
– in which the subject of the service is a non-prefabricated item, manufactured according to the customer’s specification or serving to satisfy his individual needs,
– in which the subject of the service is the thing for which the Customer indicated materials from which to create the Product.
XI EXPRESS WARRANTY AND IMPLIED WARRANTY; COMPLAINT PROCEDURE
1. The Seller is obliged to provide the Customer a Product without defects.
2. To avoid any doubt, it is stated that none of the provisions of the Terms and conditions limits the rights of the Consumer as they are entitled to under the applicable provisions of law on the territory of the Republic of Poland. In the case of determining the existence of a provision of this nature, the provisions of the law in force on the territory of the Republic of Poland, in particular the Civil Code, shall apply.
3. All Products offered by the Seller are brand new.
4. Implied warranty claims should be sent to the e-mail address: contact@plywoodproject.com
5. If the sold item has a defect, the Customer may:
– submit a statement about price reduction or withdrawal from the Sale Contract, unless the Seller immediately and without undue inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect.
– demand replacement of defective product with one free from defects or removal of defect. The seller is obliged to replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the customer.
The costs of repair or replacement shall be covered by the Seller
6. The Consumer may instead of the removal of the defect proposed by the Seller demand replacement of the Product with one free of defects, or instead of replacing the Product demand removal of the defect, unless bringing the Product to compliance with the contract in a manner chosen by the customer is impossible or would require excessive costs in line with the method proposed by seller. When assessing the excess of costs, the value of the item free of defects is taken into account, the type and importance of the defect found, and the inconvenience to which the Consumer would otherwise be exposed.
7. The consumer cannot withdraw from the contract if the defect is negligible.
8. On the principle resulting from art. 558 of the Cvil Code, the claims of the Client being a business – under the warranty for defects – are excluded.
9. The Customer should notify the Seller about the defect, no later than within 2 years from the date of the release of the Product. To meet the deadline, it is enough to send a notification before its expiry.
10. In order to improve the consideration of the complaint, it is recommended that the customer’s complaint should contain the following information:
name and last name or name of the Customer;
name of the Product;
the purchase date of the Product;
order number;
a detailed description of the Product defect;
the moment when the Product defect appeared.
The requirements specified above do not affect the effectiveness of complaints filed excluding the recommended description of the complaint, they are only a recommendation.
11. Reporting a defect can be done using the complaint form. The template can be found on the Shop Website at: Product complaint. It is recommended to attach to the defect notification the document (or its copy) confirming the purchase of the Product in the Online Store.
12. When it is necessary to assess the occurrence of a Product defect together with the submission of a defect notification, the defected Product should be delivered to the address of the Seller: Plywood Project, Ul. Uni Lubelskiej 3, 61-249 Poznań.
13. The Seller will consider the Consumer’s complaint within 30 days. The customer will be informed by email or in writing about the consideration of the complaint. Lack of notification to the Consumer about the manner of its consideration at the indicated date will be treated as recognition of the complaint by the Seller.
XII NEWSLETTER
1. The customer may agree to receive the newsletter provided by the Plywood Project. The Newsletter is sent only to Clients who ordered the Newsletter by checking the appropriate box in the registration form or order form and agreed to receive commercial information to the provided email address within the meaning of the Act of 18 July 2002 on electronic services (a uniform text Journal of Laws of 2013, item 1422).
2. As part of the Newsletter service, via electronic mail to the e-mail address provided by the customer, information is sent in the form of an e-mail. The newsletter contains information about the Plywood Project product offer, new collections, promotions. Newsletter is sent free of charge.
3. The customer may at any time, without giving a reason and without incurring any costs, change the indicated e-mail address to which the Newsletter is sent or unsubscribe by pressing the Newsletter link placed in the footer of each Newsletter by entering in the appropriate field your e-mail address, and then selecting the “Unsubscribe” button.
XIII PERSONAL DATA
- One of the Seller’s priorities is to provide the Online Store’s customers with privacy protection at least at the level specified in applicable legal regulations, in particular those established in the Regulation, in the Act of 18 July 2002 on the provision of electronic services (Dz. U. of 2002, No. 144, item 1204, as amended) and in the Act of 16 July 2004 Telecommunications Law (Journal of Laws of 2004, No. 171, item 1800, as amended).
- The owner of the Online Store and the Personal Data Administrator is Dariusz Gapski, operating under the name Plywood Project Dariusz Gapski with headquarters in: Uni Lubelskiej 3, 61-249 Poznań, NIP: 784-235-74-10, REGON: 366130176, being simultaneously owner of the Online Store with the registered office at ul. Unii Lubelskiej 3, 61-249 Poznań. Contact with the Personal Data Administrator at: ul. Unii Lubelskiej 3, 61-249 Poznań, via e-mail: contact@plywoodproject.com or mobile: +48 609 767 553.
- The Seller collects information on natural persons who perform legal acts not directly related to their business (including mainly Consumers), natural persons conducting business or professional activity on their own behalf, and natural persons representing legal persons or organizational units that are not legal entities which the law grants the legal capacity, conducting business or professional activity on their own behalf, collectively referred to as clients.
- The seller only collects data that is necessary for a specific purpose. The seller processes personal data of:
a. people using the Online Store:
-Customers (name, surname, delivery address, e-mail, telephone number, company, registered address, tax identification number, bank account number, computer’s IP address),
– persons acting on behalf of Clients being businesses (name, surname, e-mail address, telephone number),
– people who created the Customer Account (name, surname, delivery address, home address, e-mail address, telephone number, company, tax identification number, bank account number, computer’s IP address),
– newsletter recipients (e-mail, phone number),
– people contacting the Seller (name, surname, company, e-mail address),
– persons who submitted an inquiry to the Seller, (name, surname or company name and tax identification number, delivery address, e-mail address, telephone number).
b. persons completing the data in the Facebook Lead Ads form, the Customer provides the Seller with the Personal Data indicated in the form, which may include in particular: name, surname, e-mail address, telephone number;
c. persons completing the data in the application forms enabling the Seller to carry out advertising campaigns / contests on Facebook (name, surname, correspondence address, e-mail address, telephone number),
d. people ordering Products via other means of distance communication.
5. Provision of Personal Data is voluntary, but in some cases it may be necessary to conclude and execute the contract (Article 6 (1) b) of the Regulation), for example Sales Agreement or contract for the provision of electronic services in the Online Store (customer account maintenance or subscription to the newsletter). The scope of data required to conclude a contract is indicated previously on the Online Store website and in the Regulations.
Customer’s personal data can also be processed based on:
– voluntarily expressed consents – for example persons joining the newsletter, rebates, contests (Article 6 (1) a of the Regulation);
– applicable law – when processing is necessary to fulfill the legal obligation of the Seller, for example when on the basis of tax or accounting regulations, the Seller settles concluded sales contracts (Article 6 (1) (c) of the Regulation);
– indispensable for purposes other than those mentioned above resulting from legally justified interests pursued by the Seller or by a third party, in particular to establish, investigate or defend claims, conduct correspondence with clients, also via contact forms (including replying to customers’ messages), market and statistical analyses (Article 6 (1) (f) of the Regulation).
6. If the Customer agrees, the e-mail address and telephone number provided will be used for marketing purposes of the Seller’s Products and services. Customer consent may be withdrawn at any time.
7. Customers’ personal data will be processed by the Seller for the purposes of:
– implementation of concluded sales contracts, in particular the operational execution of orders, shipments or deliveries of ordered Products,
– fulfillment of obligations resulting from given guarantees, warranty,
– recovery of receivables,
– direct marketing of own Products and services,
– sending the newsletter,
– providing full customer service, including solving technical problems and providing appropriate functions,
– contacting clients, in particular for purposes related to the provision of services, customer service, permitted marketing and advertising activities,
– conducting research and analysis in order to improve the operation of available services,
– enforcing compliance with the Regulations,
– exercising other rights as well as contractual obligations and resulting from applicable laws.
8. Personal data of persons acting on behalf of Clients who are businesses will be processed for direct contact and implementation of concluded Sale Agreements.
9. Personal data of persons who have registered the Customer Account will be processed for the purpose of: registering the Customer Account and its maintenance, implementation of the Sale Agreements, in particular the operational implementation of Orders, shipments or Deliveries of ordered Products, carrying out obligations arising from granted guarantees, warranties, recovery of receivables, direct marketing of own services, sending the newsletter, providing full customer service, including solving technical problems and providing appropriate functions, customizing the customer’s offer and experience, including ads, in the properties of the Online Store, monitoring the activity of all and specific customers, contacting clients , in particular for purposes related to the provision of services, customer service, permitted marketing and advertising activities, conducting research and analyses to improve the operation of available services, compliance with the Regulations, assessing client’s certain personal factors as well as exercising other rights as well as contractual and statutory obligations.
10. Personal data of the newsletter recipients will be processed for the purpose of direct marketing of the Seller’s Products and services.
11. Personal data of persons contacting the Seller will be processed in order to provide an answer to the question, including sending via email important information about the Products and services of the Seller in accordance with the content of the inquiry.
12. Personal data of persons who submitted an inquiry to the Seller via the Online Store or other form of distance communication (e.g. via e-mail) will be processed in order to respond to the submitted inquiry, preparation of sales offer, clarification of information necessary for preparation of the product sale offer, contact with the customer.
13. Customers’ Personal Data may be entrusted by the Seller to third parties participating in the process of performance of the Sales Agreement, in order to properly execute it. In the processing of Personal Data, the Seller’s partners may participate to a limited extent, in particular those providing technical support to efficiently run the Online Shop, including communication with customers (e.g. they support the Seller in sending e-mails, and in the case of advertising – also in marketing campaigns), providers of hosting or electronic services, carriers or agents performing orders shipments, entities servicing electronic payments in the Online Store, companies that service software, as well as providers of legal and consulting services.
14. Personal Data of persons who have agreed to direct marketing of the Seller’s products and services, e.g. newsletter recipients, may be entrusted by the Seller to third parties for the purpose of marketing communication, e.g. Fresh Mail.
15. Personal Data will be processed by the Seller for the period necessary to implement the Sales Agreement, provide the Customer Account service, send the newsletter, answer questions and offer inquiries and for the period provided for by applicable law, including in particular provisions on limitation of claims regulated in civil law.
If the basis for the processing of Personal Data is only consent, then the personal data of the Customer are processed by the Seller until the consent is canceled.
16. Any person who has provided his / her Personal Data to the Seller:
– has the right to access his data and rectify them in situations referred to in art. 15 and 16 of the Regulation,
– has the right to remove or limit the processing of his data in situations referred to in art. 17 and 18 of the Regulation,
– has the right to object to the processing of data as well as the right to transfer them in situations referred to in art. 20 and 21 of the Regulation,
– has the right to lodge a complaint with a supervisory authority when he considers that the processing of his personal data violates the provisions of the Regulation,
– has the right to withdraw consent to the processing of personal data for marketing purposes.
17. Using the Online Store’s website involves sending queries to the server on which the Online Store is stored. The seller is entitled to automatically acquire and record data transferred to the server by web browsers or customer devices, e.g. IP address, software and hardware parameters, pages viewed, mobile device identification number and other data regarding devices and systems usage. The collection of the above information will take place when using the Online Store. The data stored in the server logs are not associated with specific people using the Online Store and are not used by the Seller to identify the user / customer.
18. Personal Data is not shared with other entities, sellers of goods and services – for marketing purposes.
19. Based on the Customers’ personal data, the Seller does not make decisions in an automated manner.
20. The Seller uses technical and organizational measures to protect the Personal Data being processed, appropriate to the threats and categories of data protected, in particular, protects data against unauthorized access, unauthorized removal, processing in violation of applicable laws and change, loss, damage or destruction.
21. The Seller provides the following technical means to prevent the unauthorized collection and modification of Personal Data sent electronically:
– securing the data set against unauthorized access,
– access to the Customer Account only after providing an individual login and password.
XIV. EXTRAJUDICIAL METHODS OF SETTLING DISPUTES
1. If the complaint procedure referred to above is exhausted, the Consumer who is a Customer is entitled (except for the possibility of pursuing its claims before the court) to use the out-of-court complaint and redress procedures. The rules regarding the possibility of using these claims and access to procedures are available at the offices and on the websites of poviat / municipal consumer ombudsmen, Provincial Inspectorates of Trade Inspection and social organizations whose statutory task is to protect Consumers. In addition, the information is available at the Internet address of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php.
2. In particular, the Customer who is a Consumer has the right to:
a) turn to a permanent amicable consumer court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2017, item 1063 as amended), with a request to settle the dispute arising from the concluded sales contract;
b) turn to the provincial inspector of Trade Inspection, pursuant to art. 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2017, item 1063 as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute;
c) ask the poviat / municipal consumer ombudsman or one of social organizations whose statutory task is to protect consumers.
3. The register of entities competent to conduct the proceedings is kept by the President of the Office of Competition and Consumer Protection and is available on the website of UOKiK available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
4. The Client being a Consumer may also use the online dispute resolution system between consumers and businesses at the EU level (ODR platform available at: http://ec.europa.eu/consumers/odr/). The ODR platform is an interactive and multilingual website where the Consumer and business have access to comprehensive services regarding the out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a service contract.
XV FINAL PROVISIONS
1. All listed Products and names are used for identification purposes only and may be registered trademarks of their respective entities.
2. In all matters not regulated in the Terms and conditions, the provisions of the Civil Code and other acts shall apply, and with reference to Consumers also the Act of 30 May 2014 on consumer rights (Journal of Laws from 2014, item 827, as amended). The Regulations do not exclude or limit any rights of the Consumer due to defects of the Products, which they are entitled to on the basis of mandatory legal provisions. In the event of a conflict between the provisions of the Terms and conditions and the mandatory provisions of law granting the Consumer rights, priority is given to these provisions.
3. The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Businesses, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Client being the Business, excluding compensation for lost profits. The amount of compensation to the Business can not exceed the value of the Products purchased by the business.
4. In the event of a dispute arising out of the concluded Sale Agreement or the Contract for the provision of services by electronic means, the Parties shall endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Terms and conditions is Polish law.
5. Seller reserves the right to change the content of the Terms and conditions resulting from changing the form of payment, methods and rules of delivery, contract terms, complaint procedure, the need to introduce changes clarifying the provisions of the Terms and conditions, changes in the generally applicable provisions of law and other provisions, whose changes affect the implementation of the concluded agreements. The Seller commits to inform the Customer about this fact at least 14 days before the changes start to apply. In such a situation, the introduced changes will not in any way affect the rights acquired by the Client prior to the entry into force of the said changes, which means that the contracts in force and the contracts made will be subject to the Terms and conditions in force at the time of conclusion of the contract. In the event that the Customer does not accept the new contents of the Terms and conditions, he / she is obliged to notify the Seller about this fact, which results in the termination of the contract.