Online Store www.sklep.alufrost.pl Regulations
GENERAL INFORMATION
1. Online Store is held by the Company alu-frost Piotr Świrko.
The Seller is alu-frost Piotr Świrko NIP (Tax Identification Number): 9660121648, REGON (National Bussiness Registry Number) 052222800, holding Online Store residing at 15-528 Sowlany, Alejkowa 21.
Online Store enables the Buyer to get information about the Seller’s goods, including prices and availability as well as sales agreements determined in Regulations. Prices presented in Online Store are gross prices which constitute the total value due to the Seller from the Buyer connected with the transaction being made.
The Seller informs that using Online Store is possible under following minimum technical requirements met by User’s teleinformatic system: a. Internet Explorer 7.0 or higher with ActiveX, JavaScript and cookies management or b. Mozilla Firefox 3.0 or higher with Java applets, JavaScript and cookies management, c. minimum screen resolution 1024x768 pixels
The client of the online store may be every natural person of age, residing in the territory of European Union and holding capacity for legal actions or a company residing within the territory of European Union.
Definitions referred to in the Regulations:
Seller – alu-frost Company Piotr Świrko
Buyer – entity which places an order in compliance with Regulations hereby.
Consumer – buyer (client) who is the natural person, placing an order not directly connected with his/her business or professional activity according to art. 221 of Civil Code
Web site – www.alufrost.pl
Store – Online Store under the name www.sklep.alufrost.pl
Goods – product present in Seller’s offer
Order – Buyer’s statement on entering into sales agreement with the Seller under conditions and in compliance with the form available in Web site
Shopping basket – electronic form shared by the Seller informing the Buyer about number and type of ordered Goods enabling the Buyer choosing products to order them
Goods Availability – Goods kept in Seller’s warehouse in time of putting an information about their price on the website www.sklep.alufrost.pl
Order Confirmation – information send by the Seller on given by the Buyer e-mail address containing information about placing an order for chosen goods and confirming that the Order has been accepted for realization by the Seller. Order confirmation contains also electronic references (links) to regulations and Privacy Policy in power.
Sales Agreement – sales agreement in compliance with regulations of Civil Code concluded at a distance, i.e. through Online Store or between Buyer and Seller (in compliance with 30 May 2014 Consumer’s Rights Act (Journal of Laws Dz. U. 2014 r., item 827). Sales Agreement is deemed concluded in time of delivery of Order Confirmation to the buyer (after placing an Order by the Buyer in Online Store). Content of Sales Agreement includes declaration of intent, regulations, as well as Privacy Policy. Sales Agreement is a subject of the Republic of Poland law, concluded only in Polish language and in this language should be interpreted.
Login – e-mail address of the Buyer used during registration process and when using the account
Force majeure – external event independent on legal relationship of the Parties which occurrence was reasonably impossible to predict by the Party affected by its results and which occurrence was reasonably impossible to prevent and which prevents that Party from permanently or temporarily exercising its rights or obligations, in particular on the basis of a given legal relationship;
Privacy Policy – regulations determining principles of processing and protecting the personal data of the Buyer, constituting an integral part of the Regulations;
Regulations – these regulations established upon the article 8 of 18 July 2002 Act on Online Service (Journal of Laws Dz. U. Nr 144, item 1204 with amendements);
Newsletter – information, including trade information in the meaning of 18 July 2002 Act on Online Service (Journal of Laws Dz. U. Nr 144, item 1204 with amendements) from the Seller, sent electronically, after giving a consent by the Buyer to receive this information
User – natural person, which is of age and holds full capacity to legal action, legal person, an organizational unit without legal personality, but able to acquire rights and incur liabilities on its own behalf, which uses the Online Store;
The Online Store allows the Buyer to familiarize with the Seller’s offer by presenting the Goods along with the price and information about their availability.
The Seller informs that the photographs of the Goods put in the Online Store are only illustrative materials and enable the Buyer to become acquainted with the Good and imagine its shape and color. The appearance of the presented Goods may differ from the external and actual appearance of the Goods presented to the Buyer, which may be the result of the monitor settings of the Buyer. In order to avoid any doubts, this provision shall not have the effect of limiting the liability of the Service Provider or the Seller to the User or the Buyer being Consumers.
Announcements, advertisements, price lists and other information placed in the Online Store are, in case of doubts, not the offer, but the invitation to enter into an agreement. They also do not constitute the assurance of the Seller.
ORDER
1.In Online Store Order may be placed by:
setting an account and register by login and password;
without setting an account but after filling proper form
contacting info line and providing data in the scope corresponding to the data necessary to place an order electronically
In the case of Orders placed by phone, the Seller is obliged to provide data on: the characteristics of the Goods, the Seller's name, the total price for the Goods and the fees for the Delivery of the Goods, the right to withdraw from Sales Agreement and the duration of the Agreement.
In the Online Store each product holds a description of its features, availability and price.
Buyers may place Orders twenty-four (24) hours a day throughout the calendar year, with the reservation that Orders placed after 13 o'clock and on public holidays will be processed the next business day.
Placing an Order the Buyer:
- selects the place of receipt of the ordered Goods from the list of points available in the Online Store or indicates the place of delivery
- indicates, by appropriate designation, the Good which is to be the object of the agreement and adds it to the Shopping Basket
- selects the method of delivery of the Goods from the possibilities given by the Seller. The price and date of delivery of the Goods to the address indicated by the Buyer are indicated at the Good.
- indicate the manner of payment
- after reading the Regulations, confirms that fact and declares that he/she is bound by its content and the provisions of the Privacy Policy
6. The Buyer, after filling the form, selects the option "Order", thus confirming that he/she is bound by its content and is obliged to pay for the ordered Goods.
7. After placing the order, the Seller will verify it by checking the correctness of completing the form and determining the possibility of its realization connected with the availability of the Goods.
8. The Buyer may cancel the Order until the Parties conclude a sales agreement.
9. The Seller is obliged to immediately inform the Buyer about the impossibility of fulfilling the order due to reasons beyond his control or due to Force Majeure. In this case, the parties will determine whether the Buyer is interested in the execution of the Order in the remaining scope.
10. Within 2 days of placing the Order, the Seller through the Online Store will confirm the possibility of completing the Order and will proceed with its realization in the place of collection or delivery of the Goods selected by the Buyer, sending the Order Confirmation to the User.
11. W przypadku, gdy Kupującym jest Konsument, termin realizacji zamówienia nie może być dłuższy niż 30 dni od otrzymania przez Sprzedającego Zamówienia.
If the Buyer is a Consumer, the date of the order completion cannot be longer than 30 days from receiving the Order by the Seller.
12. The Sales Agreement is concluded upon delivery to the Buyer's e-mail address of the Order Confirmation (e-mail message with the subject "Confirmation of the Order"). The day of delivery of an e-mail message with the subject of "Confirmation of Order" is considered to be the date on which the e-mail was received by the e-mail server servicing the e-mail address provided by the Buyer in the electronic form of the Order.
13. If the Buyer is a Consumer, the Seller is obliged to deliver along with the Goods a written confirmation of the conclusion of the agreement, specifying the date of its conclusion, the type and subject of the service as well as the price.
BUYERS RIGHTS
1. Goods offered in the Online Store are covered by the manufacturer's warranty for a period of 12 months from the date of purchase. The condition for the performance of the guarantee is proof of purchase in the form of an invoice or a receipt.
2. The Buyer may file a claim regarding defects in the Goods, in particular by sending an e-mail to the following address: sklep@alufrost.pl or by mail to the address 15-528 Sowlany, Alejkowa 21, enclosing the receipt. The complaint should include reservations regarding the quality of the Goods as well as claims and contact details of the Buyer.
3. The Seller has a liability to the Buyer if the Goods sold have a physical or legal defect (warranty). If the sold Goods have a defect, the Buyer May:
- submit a statement about price reduction or withdrawal from the agreement, unless the Seller immediately and without excessive inconvenience to the Buyer replace the defective Good for the one free from defects or remove such defect, provided that the Buyer cannot withdraw from the agreement if the defect of the Good is insignificant
- demand replacement of the Good with the one free from defects or removal of the defect
4. In case of Consumers, instead of the removal of the defect proposed by the Seller, the Buyer may request replacement of the Goods free of defects or instead the replacement of the Goods - request removal of the defect, however, it does not apply to cases where bringing the Goods into compliance with the contract in a manner chosen by The Consumer is impossible or would require excessive costs in comparison to the method proposed by the Seller. In the assessment of the excess of costs, the value of the Goods free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Consumer would be exposed in case of other manner of fulfillment.
5. The Buyer who exercises the rights under the warranty is obliged to deliver the claimed Good to the address 15-528 Sowlany, Alejkowa 21. The returned Goods should be intact, i.e. without any mechanical damage (scratches, bends, etc.)
6. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the date of delivery of the Goods to the Buyer. Claim for removal of a defect or replacement for the Goods free from defects expires after one year from the day the defect is discovered, but in the case of the purchase of Goods by the Consumer - the limitation period cannot end before the expiry of the period referred to in the first sentence.
7. The Buyer, who is a Consumer, has the right to withdraw from the agreement within 14 days, without giving reasons and without the obligation to incur costs other than those provided by law. To comply with the deadline, it is enough to send a statement before its expiry. The period for withdrawing from the agreement begins:
- in case of sales agreement - from taking the Goods into possession by the Consumer or a third party designated by him, other than the carrier
- in case of sale of many Goods, which are delivered separately, in lots or in parts - from taking into possession the last item (good), lot or part
8. The Consumer may withdraw from the agreement by submitting to the Seller a declaration of withdrawal from the agreement, using the model statement, constituting an Annex to these Regulations. Submitting a statement by the Consumer does not require maintaining a specific form, consistent with the enclosed model.
9. The declaration of withdrawal should be submitted to the e-mail address: sklep@alufrost.pl or by post to the address 15-528 Sowlany, Alejkowa 21 with the proof of purchase (receipt, invoice). The Consumer is liable for the decrease in the value of the returned Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
10. In case of the withdrawal from the agreement, the Consumer is obliged to immediately return the Goods to the Seller or hand over the Goods to a person authorized by him, however, not later than within 14 days from the date on which he withdrawn from the agreement. Returned Goods should be sent to the following address: 15-528 Sowlany, Alejkowa 21. The cost of returning the Goods to the Seller lies with the Consumer.
11. In case of the withdrawal from a distance agreement, the agreement is considered null and void and the Seller is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer's statement of withdrawal, return all payments made by the Consumer to the Consumer. The Seller returns the payment using the same method of payment as the Consumer used, unless the Consumer has explicitly agreed to a different method of return, which does not involve any costs for him
PROTECTION OF PERSONAL DATA AND PRIVACY POLICY
1. The Seller indicates that the administrator of Users' personal data is, in accordance with the 29 August 1997 Act on the protection of personal data (Journal of Laws Dz. U. z 2002 r., No. 101, item 926 with amendments) Piotr Świrko.
2. The user, registering in the Online Store, provides his personal data voluntarily
3. The alu-frost company Piotr Świrko processes the User's personal data for the purpose of executing the Order with his consent, expressed through the acceptance of the Privacy Policy and the relevant Clause.
4. At this point, the Seller indicates that providing the User's personal data is voluntary, but necessary to place an Order and conclude and execute the Sales Agreement.
5. The Seller processes User's personal data for marketing purposes after expressing his consent.
6. The User has the right to supplement, update, rectify requests for processing or deletion of his personal data processed by alu-frost Piotr Świrko if they are incomplete, out-of-date, untrue or have been collected by the Seller in violation of the Act or are no longer necessary to achieve the purpose, which have been collected. Other rights and obligations are set out in the Privacy Policy.
7. The User may authorize the Seller to send the Newsletter and other commercial information within the meaning of the 18 July 2002 Act on the provision of electronic services (Journal of Laws Dz. U. z 2002 r., Nr 144, item 1204 with amendments). At any time, he has the right to submit a statement about the resignation from receiving the Newsletter and other commercial information.
FINAL PROVISIONS
1. Regulations are available in the Online Store
2. If any of the provisions of the Regulations are deemed void or ineffective, the invalidity or ineffectiveness of this provision shall not affect the validity or effectiveness of the remaining provisions of the Regulations.
3. The Seller declares that he is entitled to change the content of the provisions of the Regulations in the event of
- changes in the legal provisions applicable to electronic services or transactions concluded remotely, or
- changing the offer of the Online Store.
4. The Seller is obliged to notify the User of each change to the Regulations by generating an appropriate message sent to the e-mail address provided to the Seller by the User. Users will be bound by the provisions of the new Regulations, unless they renunciate it within thirty (30) days from the date of notification of the change in the Regulations
5. The User declares that he has read the Regulations and the Privacy Policy, understands the content of these documents and fully accepts them and is obliged to comply with them.
DECLARATION OF WITHDRAWAL FROM THE AGREEMENT
I, _____________________________ (name and surname) hereby inform
about my withdrawal from sales agreement of following item/s ___________________________________________________________________ .
Date of receiving __________________________________________________________
Name and surname _______________________________________________________
Address _________________________________________________________________
Consumer’s signature (only if send in paper)
_______________________________________________________________________
Date __________________________________________________________________–