GENERAL CONDITIONS OF SALE AND REGULATIONS
(hereinafter collectively: GCS) in the shop.destructivecreations.com online store
§ 1 Definitions
1. Business days – days from Monday to Friday with the exception of bank holidays,
2. Carrier – an entity which the Seller cooperates with in the delivery of Goods,
3. Consumer – a natural person whose purchase from the Seller is not directly related to their professional or business activity. Also, a natural person running a business or professional activity and concluding an agreement directly related to this activity, if the content of this agreement indicates that the agreement is not of professional nature to this person, resulting, in particular, from the subject of their business activity, made available in the Central Registration and Information on Business,
4. Customer – an entity with which a Sales Agreement may be concluded in accordance with the GCS and legal regulations, including a Consumer or an Entrepreneur,
5. Customer Account – an individual Customer panel, launched and run on their behalf by the Seller, after the Customer has registered and set up the Account,
6. Delivery – a set of consecutive activities aimed at the Seller providing the Customer with the Goods specified in the Customer’s order or the collection of the Goods by the Customer at the point indicated by the Seller,
7. Durable medium – a material or tool enabling the Customer or the Seller to store information personally addressed to them, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used, and which allows the stored information to be restored unchanged,
8. Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person to which the law grants legal capacity. An entity conducting a professional or business activity on their own behalf and making a purchase directly related to their professional or business activity, if – in the case of natural persons – the content of the agreement shows that the agreement is of professional nature for that person, resulting, in particular, from the subject of the business activity performed by the entity, made available in the Central Registration and Information on Business,
9. Force Majeure – Force Majeure shall be understood as an external act, impossible to predict, prevent or control, which neither party could have foreseen with due diligence, including, in particular, military operations in the territory of the country in which the Seller’s headquarters are located or the territory of the Republic of Poland, or the territory of the country through which the Delivery is made, natural disasters in the form of a flood, hurricane, earthquake, storm, snowstorm, etc., uprisings or strikes of employees other than those employed by either Party. In case of doubt, it should be considered that Force Majeure also includes any restrictions, prohibitions or lockdowns affecting the Seller in connection with the announced epidemic or epidemic threat, including the ongoing COVID-19 epidemic,
10. Goods – products presented by the Seller via the Online Store or a Stationary Store, which may be the subject of a Sales Agreement,
11. ODR internet platform – an EU website operating on the basis of Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes, and amending Regulation (EC) No 2006/2004 and Directive 2009 / 22 / EC, available at https://webgate.ec.europa.eu/odr ,
12. Online Store – sales platforms at shop.destructivecreations.com
run by the Seller, equipped with appropriate system and ICT tools, through which the Customer has the opportunity to familiarize themselves with the Seller’s offer and conclude a Sales Agreement in order to purchase the Goods presented by the Seller,
13. Password – a sequence of digital, letter, special or other characters available on the alphanumeric keyboard or on the operating system’s character table, selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store,
14. Registration – the actual act performed in accordance with the GCS, necessary to set up a Customer Account, and necessary for the Customer to use all the features of the Online Store,
15. Sales Agreement – a sales agreement concluded remotely, on the terms specified in the GCS, between the Customer and the Seller,
16. Seller – Salesman sp. z o.o. (a limited liability company) with its headquarters in Osiek nad Wisłą, ul. Krucza 13, 87-125 Osiek nad Wisłą, registered in the Register of Entrepreneurs of the National Court Register by the District Court in Toruń, 7th Commercial Division of the National Court Register under the number: 0000836037, NIP (tax identification number): 8792721066, REGON: 38585714000000, tel: +48 730 577 367, e-mail : firstname.lastname@example.org, using the functions and resources of the Online Store in order to invite Customers to conclude a Sales Agreement,
17. Stationary Store – a place intended for Customer service on site, at the address indicated on the Seller’s website,
§ 2 General provisions
1. In order to place an order in the Online Store, the Customer must have an active telephone number and an active e-mail account.
2. The Customer undertakes not to use the Online Store in a manner that is against the law, public morality, or in a manner that violates personal rights of third parties.
3. The Seller informs that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures to minimize the above-mentioned risks, in particular anti-virus and anti-virus software protecting the identity of Internet users. The Seller never asks the Customer to disclose the Password to the Customer Account to any person in any form.
4. The Seller has the right to cancel the order placed by the Customer who is not a Consumer (i.e. withdraw from the Sales Agreement within the meaning of Article 395 of the Civil Code) in the period between the date of the Sales Agreement and the 21st day from the date of Delivery of the Goods, also without giving reasons, in particular when there is reasonable suspicion that the Customer purchased the Goods for resale. Such withdrawal from the Sales Agreement does not give rise to any claims against the Seller on the part of the Customer who is not a Consumer.
§ 3 Registration
1. In order to set up a Customer Account, the Customer is obliged to register free of charge.
2. Registration is not necessary to place an order in the Online Store. The order may be placed with the simultaneous one-time indication of personal data and address information by the Customer.
3. In order to register, the Customer should fill in the registration form provided by The Seller on the website of the Online Store and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password on their own.
4. While completing the registration form, the Customer has the opportunity to read the GCS and accept its content by checking the appropriate box in the form.
5. While registering, by checking the appropriate box in the registration form, the Customer may voluntarily agree to receive marketing messages with the Seller’s offers at the e-mail address and telephone number provided by the Customer. The Customer’s consent to receive marketing messages is not a condition necessary to conclude a Sales Agreement or maintain a Customer Account.
6. After submitting the completed registration form, the Customer shall immediately receive, at the e-mail address provided in the registration form, a Registration confirmation. At this moment, an agreement is concluded for the electronic provision of the Customer Account service, and the Customer gains the ability to access the Customer Account and make changes to the data indicated during Registration.
§ 4 Orders
1. The information available on the website of the Online Store does not constitute a Seller’s offer within the meaning of the Civil Code, but only an invitation for Customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the website or e-mail, 7 days a week, 24 hours a day.
3. The Customer may place orders in the Online Store via telephone during the hours and days indicated on the Online Store website.
4. The Customer placing an order via the Online Store completes their order by selecting the Goods they are interested in and adding them to the “CART”. After completing the entire order and indicating the method of Delivery and payment in the “CART”, the Customer places the order by using the available order form, and then by clicking the “Order and pay” button. Each time before placing an order, the Customer is informed about the Seller’s data, about the total price of the selected Goods and Delivery, as well as about all additional costs that they are obliged to bear in connection with the Sales Agreement.
5. In special cases, the quantity of the Goods may be limited, about which the Customer is informed each time while placing the order.
6. The Customer placing an order via e-mail sends it to the Seller’s e-mail address indicated in § 1 paragraph 14. In the message sent to the Seller, the Customer shall indicate in particular: the names of the Goods (among the Goods presented on the Store’s Website) and their quantity, the date and place of the Delivery and their personal data (including the data necessary to issue a VAT invoice in the case of Customers who are not Consumers) and contact details. After receiving such a message from the Customer, the Seller sends the Customer a return message via e-mail, providing the Seller’s data, the price of the Goods selected by the Customer (which may differ from the price indicated in the Online Store, for example due to the ordered volume, discounts or promotions), possible forms of payment and the method of Delivery along with its cost, as well as information on all additional payments that the Customer would have to incur under the Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods, but this message does not constitute a confirmation of the order. If necessary, the Seller will provide the Customer, at his request, with the certificates that are required by applicable law in order to confirm that the standards and conditions required for the Goods are met.
7. Based on the information provided by the Seller, referred to in paragraph 6, the Customer may place an order by sending an e-mail to the Seller, indicating the selected form of payment and the method of Delivery.
8. Placing an order in accordance with paragraph 7, means that the Customer submits an offer to the Seller to conclude an Agreement for the sale of the Goods being the subject of the order.
9. After placing the order in accordance with paragraph 8, the Seller sends an order confirmation to the e-mail address provided by the Customer. Confirmation of the order is the Seller’s declaration of the acceptance of the offer and the Sales Agreement is concluded upon its receipt by the Customer.
10. The Customer placing an order by phone uses the Seller’s telephone number indicated in § 1 paragraph 14. When placing an order by phone, the Customer indicates to the Seller the name and quantity of the Goods they want to order. Then, after completing the entire order, the Customer specifies the method and address of the Delivery and the form of payment, and also indicates either their e-mail address or correspondence address to confirm the order. Each time the Customer places an order by phone, the Customer is informed about the data of the Seller with whom the Sales Agreement will be concluded, about the total price of the Goods and the total cost of the Delivery, as well as about all additional costs that they are obliged to incur in connection with the Sales Agreement. The order is placed in real time, i.e. during the telephone call. At this point, the Sales Agreement is concluded.
11. After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable medium to the Customer’s e-mail address or in writing to the address provided by the Customer during Registration or placing an order.
12. In justified cases, especially in the case of a high total price, a significant quantity of the Goods, or the Delivery of Goods over a considerable distance from the Seller’s headquarters or the place where the Goods are stored, the Seller may apply a special ordering procedure, in which the Customer will be obliged to pay an advance to place the order. The customer will be informed about the need to make an advance payment when placing the order. The Seller will confirm the order acceptance and at the same time they will enable the Customer to pay the remaining part of the price in the manner described in the GCS.
§ 5 Prices and Payment
1. The prices in the Online Store next to a given Product are gross prices, in Polish zlotys (PLN). In individually agreed cases or for larger deliveries on request, the agreed price is in euro (EUR).
2. The prices given in the Online Store do not include information on the costs of Delivery or any other costs that the Customer will be obliged to incur in connection with the Sales Agreement. The Customer will be informed on these costs when choosing the method of Delivery and placing an order.
3. The Customer may choose the following methods of payment for the ordered Goods:
a. bank transfer
b. payment card or bank transfer via an external quick payment system (including Przelewy 24);
4. The Customer should make the payment for the order in the amount resulting from the concluded Sales Agreement at the time of placing the order or on another date individually agreed with the Seller.
5. In the event of the Customer’s failure to make the payment within the time limit referred to in paragraph 4, the Seller has the right to withdraw from the Sales Agreement. After the expiry of the deadline for making the payment, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to art. 492 of the Civil Code. In the event of withdrawal from the Sales Agreement by the Seller due to the fault of the Customer who is an Entrepreneur, such Customer will pay the Seller a contractual penalty in the amount of 5 % of the order value, payable within 10 days from the date of delivery of the request for payment.
6. In case of a delay in payment, the Customer shall pay contractual interest to the Seller. This interest shall amount to double statutory interest for the delay (maximum interest within the meaning of the Civil Code).
7. The Customer who is an Entrepreneur is not entitled to the contractual right to withdraw from the contract in accordance with art. 395 of the Civil Code.
§ 6 Delivery
1. The Seller carries out the Delivery on the territory of the Republic of Poland, including via the selected Carrier, at its headquarters or in a Stationary Store. In individually agreed cases, it is possible to deliver outside the territory of the Republic of Poland, within the European Economic Area.
2. While confirming the terms of the contract, the Seller provides the Customer with information about the number of Business Days necessary to complete the order and Delivery. The Seller informs that due to the ongoing production of the Goods, their Delivery may take from 4 to 30 Business Days.
3. The method of Delivery and its conditions may vary depending on the weight or quantity of the ordered Goods. The Customer is informed about this each time they place the order, via messages posted on the Online Store website or in the information about the terms of the order sent by the Seller.
4. The Customer is obliged to inspect the delivered parcel in time and in the manner appropriate for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to request the Carrier’s employee to draw up the appropriate protocol.
5. If the Customer selects a Delivery other than a pick-up in a Stationary Store, the Seller, as per the Customer’s request, attaches a VAT invoice to the shipment being the subject of the Delivery or sends it by e-mail, to the e-mail address provided by the Customer when placing the order. The VAT invoice is sent by e-mail in the form of an electronic file in the PDF format. In order to open the file, the Customer should have free software compatible with the PDF format.
6. If the Customer uses the option to collect the ordered Goods in person, they may do so in the Stationary Store during the opening hours indicated by the Seller. The date on which the Customer may collect the Goods will be confirmed by the Seller via e-mail or by phone.
§ 7 Warranty
1. In the case of a Sales Contract concluded between the Seller and a Customer who is an Entrepreneur, the warranty for physical defects of the sold thing is excluded.
2. Any complaints related to the Goods or the performance of the Sales Agreement, the Customer may submit in writing or electronically. The complaint should contain a description of the defect found as well as, if possible, photographic documentation. If the Customer submits a complaint in writing, the complaint letter should be sent by registered mail to the address: Salesman spółka z ograniczoną odpowiedzialnością, ul. Krucza 13, 87-125 Osiek nad Wisłą. In case of a complaint in electronic form, it should be sent to: email@example.com
3. The Seller shall, within 21 days from the date of receipt of the request containing the Entrepreneur’s complaint, respond to the complaint of the Goods or the complaint related to the implementation of the Sales Contract reported by the Customer.
§ 7 Complaints about Goods for non-conformity of goods with the contract and the rights of the Consumer
1. The Seller is obliged to deliver the Goods to the Consumer in a condition consistent with the concluded contract. At the same time, in accordance with the provisions of the Law on Consumer Rights, the Seller is liable to the Consumer if the Goods or part thereof are inconsistent with the contract. The Seller declares that the offered Goods are new, original and without physical or legal defects.
2. If the Consumer finds inconsistency of the Goods with the contract, he should inform the Seller about it, specifying at the same time his claim related to the found inconsistency or making a statement of appropriate content. Any complaints related to the Goods or performance of the Sales Agreement or related to non-compliance of the Goods with the Sales Agreement, the Consumer may submit in writing or electronically. The complaint should contain a description of the defect found as well as, if possible, photographic documentation. If the Customer submits a complaint in writing, the complaint letter should be sent by registered mail to the address: Salesman spółka z ograniczoną odpowiedzialnością, Krucza 13 Street, 87-125 Osiek nad Wisłą. In the case of a complaint in electronic form, it should be sent to the address: firstname.lastname@example.org
3. In order to consider the complaint, the Consumer should send or deliver the advertised Goods, if possible attaching to it the proof of purchase. The Goods should be delivered or sent to the address indicated in point 2.
4. The Seller undertakes to consider each complaint of the Consumer within 14 days. In the case of deficiencies in the complaint sent by the Consumer, the Seller will call the Consumer to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Consumer.
5. In connection with the confirmed non-conformity of the Goods with the contract, the Consumer may demand that the Goods be brought into conformity with the contract within a reasonable time and without undue inconvenience for the Buyer, taking into account the nature and purpose of the Goods.
6. In the case of confirmed non-conformity of the Goods with the contract, the Seller shall bear the costs of bringing the Goods into conformity with the contract.
7. However, if the non-conformity of the Goods with the contract cannot be removed despite the request, or the Seller refuses to bring the Goods into conformity with the contract due to the lack of technical or physical possibility or excessive costs, then the Consumer shall have the right to submit a statement on reduction of the price or – in the case of material non-conformity – to withdraw from the contract. The reduced price must remain in such proportion to the contract price as the value of the non-conforming Goods remains to the value of the conforming Goods.
8. The Consumer may not withdraw from the contract if the Goods are provided for a fee and the lack of conformity with the contract is immaterial.
9. Each of the claims to which the Consumer is entitled may be exercised in writing to the mailing address or in electronic form indicated in paragraph 2 above.
10. In the case of exercise by the Consumer of the right to reduce the price or withdraw from the contract, the refund of part or all of the price will be made no later than within 14 days of the date of the statement in question on the exercise of one of these rights. The Seller will make a refund using the same method of payment that the Consumer used at the time of purchase, unless the Consumer expressly indicates that he would like to receive a refund in another way that does not generate additional costs.
11. However, if the delay in the delivery of the Goods exceeds 30 days, the Consumer has the right to set an additional time limit for the execution of the order, and after its ineffective expiration – to withdraw from the contract
§ 8 Guarantee
1. Goods sold by the Seller may be covered by a guarantee granted by the producer or distributor of the Goods.
2. In the case of Goods covered by the guarantee, information on the existence and content of the guarantee is presented in the Online Store next to the given Goods.
3. The Seller does not provide a guarantee for the sold Goods in addition to the manufacturer’s or distributor’s guarantee.
§ 9 The Consumer’s withdrawal from the Sales Agreement without stating a reason
1. A Consumer who has concluded a Sales Agreement via the Online Store may, within 14 days from the date of release of the Goods, withdraw from the agreement without giving any reason. In the event of withdrawal from the Sales Agreement, it is considered void.
2.If the Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
3. If the Sales Agreement covers many Goods that are delivered separately, in batches or in parts, the time limit for exercising the right to withdraw from the Sales Agreement referred to in paragraph 1, runs from the date of taking possession of the last Goods, batch or part.
4. The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller, in writing or electronically on the Online Store website, and also by using the form provided by the Seller. The withdrawal is considered to be submitted within the time limit if the declaration of withdrawal has been sent before the expiry of the period specified in paragraph 1.
5. If the Seller provides an on-line form on the Store’s website, the Consumer may withdraw from the Sales Agreement using such a form. This action constitutes consent to the payment of funds to the bank account from which the payment was made and does not entail bearing any additional costs for the Consumer. To meet the deadline, it is sufficient to send a statement before the deadline indicated in paragraph 1. The Seller shall immediately confirm receipt of the form submitted via the website.
6. The Seller is obliged to immediately (i.e. no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Sales Agreement) return all payments made by the Consumer, including the cost of Delivery of the Goods. The Seller may withhold the reimbursement of payments received from the Consumer until the Goods are returned or the Consumer provides proof of the Goods being returned, depending on which event occurs first.
7. If the Consumer exercising the right of withdrawal chose a method of delivery of the Goods other than Delivery by the Seller’s selected Carrier and did not pay the Seller the costs of such Delivery, the Seller is not obliged to refund the additional costs incurred by the Consumer.
8. The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which they withdrew from the Sales Agreement. To meet the deadline, it is sufficient to return the Goods to the Seller’s address before the deadline.
9. The Consumer is liable for a decrease in the value of the Goods as a result of using it in a way that goes beyond what is necessary to establish the nature, features and functioning of the Goods. The seller has the right to refuse to accept such Goods and to claim compensation for damages.
10. In the event of withdrawal from the Agreement by the Consumer, the Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has explicitly agreed to a different method of return, which does not involve additional costs for the Consumer.
11. The Consumer is not entitled to the right to withdraw from the Sales Agreement in relation to contracts in which the Goods are items manufactured according to the Consumer’s specification or serving to satisfy his individual needs.
12. The right to withdraw from the Sales Agreement does not apply in the cases provided for in art. 38 of the Consumer Law Act, including, in particular, the case when the Goods are non-prefabricated items, manufactured according to the Consumer’s specification or serving to satisfy his individual needs, and in relation to contracts where the Goods are items delivered in a sealed package, which cannot be returned after opening the package due to health or environmental protection reasons or for hygiene reasons if the packaging has been opened after the Goods were delivered to the Consumer.
§ 10 Free services
1. The Seller provides the following free services to Customers by electronic means:
a. a contact form;
b. a newsletter;
c. running the Customer Account.
2. Th eservices mentioned in paragraph 1 are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned above, about which he will inform the Customers in a manner appropriate to the change in the GCS.
4. The Contact Form service consists in sending a message to the Seller using the form available on the Store’s website. Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller in this way.
5. The Newsletter service can be used by any Customer who enters his e-mail address using the form provided by the Seller on the Online Store website and consents to the processing of his personal data for marketing purposes by the Seller. After sending the completed form, the Customer shall immediately receive a confirmation that the provision of the service has started to the e-mail address provided in the sent form. At this moment, an agreement for the provision of the Newsletter service by electronic means is concluded.
6. The Newsletter service consists in the Seller sending electronic messages containing information about new Goods or services offered by the Seller to the e-mail address of each Customer who has subscribed to the Newsletter,
7. Each Newsletter addressed to a given Customer contains information about the sender, a completed “subject” field, specifying the content of the message and information about the possibility and method of unsubscribing from the Newsletter service.
8. The Customer may unsubscribe from the Newsletter at any time by clicking on the link provided in each e-mail sent as part of the Newsletter service.
10. The Customer Account maintenance service is available after Registration on the terms described in the GCS and consists in providing the Customer with a panel on the Store’s website. The panel enables the Customer to modify their personal and contact data, delivery address, and track the status of orders and order history.
11.The Customer may at any time resign from keeping the Customer Account and ask the Seller to delete the Customer Account. The Seller may delete the Customer Account within 14 days from the date of submitting the request. The Customer’s personal data will be stored by the Seller despite the deletion of the Customer Account in accordance with the information clause contained in §11.
12. The Seller is entitled to block access to the Customer Account and other free services if the Customer acts to the Seller’s detriment, in particular if the Customer advertises activities of other entrepreneurs or products competitive to the Seller’s offer, conducts activity consisting in posting content not related to the activities of the Seller, conducts activity consisting in posting untrue or misleading content, or breaches the law or the provisions of the GCS. The Seller is also entitled to clock access to the Customer Account and free services when it is justified by security reasons, in particular if the Customer breaks the security of the Online Store or conducts other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer during Registration.
§ 11 Protection of personal data – information clause
1. Pursuant to Article. 13 sec. 1 and 2 of Regulation 2016/679 of the European Parliament and of the Council (EU) of 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 Directive 95/46 / EC (General Regulation on the Protection of Data, Journal of Laws EU. L. of 2016 No. 119, p. 1) – hereinafter referred to as GDPR, the Seller informs that the controller of the Customers’ personal data is the Seller;
2. The Seller was not obliged to appoint a personal data protection inspector, but has appointed a person responsible for supervising the protection of personal data, who can be contacted at the following e-mail address: email@example.com or by correspondence at the address of the Seller’s headquarters;
3. Customers’ personal data will be processed with the following aims:
a. for the purpose of executing the concluded contract, and the basis is Article 6(1)(b) RODO – the necessity to execute the contract to which the Customer is a party, until its expiration, with the reservation that sometimes the data may be processed also after the expiration of the contract, but only if it is allowed or required under applicable law, e.g. processing in connection with the assertion of claims, settlements, handling of complaints and exercise of consumer rights, including the rights of entrepreneurs-individuals entering into a contract directly related to business activity, when it follows from the content of that contract that it is not of a professional nature for that person, arising in particular from the subject of his/her business activity, made available in CEIDG
b. in order to handle the sales process via the Online Store, including accepting of the order, preparing the Goods for shipment, delivering the Goods, storing order data on the Customer Account, and the basis is art. 6 sec. 1 letter b) of GDPR – necessity to perform the contract to which the Customer is a party,
c. for purposes related to tax settlements and the implementation of other obligations resulting from legal provisions, including reporting obligations, and the basis is art. 6 sec. 1 letter c) of GDPR – necessity to fulfil the legal obligation incumbent on the Seller as the controller;
d. in order to make direct telephone or electronic contact in connection with the performance of concluded agreements, sales support or order fulfilment, pursuant to art. 6 sec. 1 letter a) of GDPR, based on the Customer’s voluntary consent;
e. in order to exercise the Customer’s rights, update the Customer’s data, and maintain a customer database combining data from various systems and sources, pursuant to art. 6 sec. 1 letter f) of GDPR, based on the legitimate interest of the Seller as the controller,
f. for archival (evidence) purposes and to secure information in the event of a legal need to present facts, possible determination, investigation or defense against claims, pursuant to art. 6 sec. 1 letter f) of GDPR, based on the legitimate interest of the Seller as the controller;
g. for the purpose of direct marketing, including sending information about products, promotions and services provided, as well as submitting offers and proposals for concluding a contract, and in this scope for direct electronic contact via e-mail or telephone contact to the telephone number provided by you, on the basis of art. 6 sec. 1 letter a) of GDPR, based on the Customer’s voluntary consent.
h. Customers’ personal data may be processed on the basis of entrusting processing by the following categories of entities: accounting offices, certification companies, website administrators, or IT service. Customers’ personal data may also be shared or entrusted to subcontractors, courier companies, intermediaries or representatives. If the data is entrusted to other entities, the Seller shall immediately inform the Customers about it by means of a written, electronic or telephone message or a message on the website or in the Customer Account.
i. Customers’ personal data will not be transferred to a third country (a country outside the European Economic Area) or an international organization.
j. Customers’ personal data will be kept for a period of 6 years from the date of their transfer. After the expiry of the storage period, the Customers’ personal data will be removed from the Seller’s IT systems, and the paper documents will be destroyed.
k. The Customer has the right to:
- access the content of their data and rectify them,
- demand the deletion of their personal data at any time,
- demand that the processing of their personal data be limited,
- transfer data in a commonly used format that allows, for example, to be printed or saved to a computer memory,
- object to further data processing.
l. The Customer may exercise each of the rights listed in point k. by sending an appropriate request in writing to the address of the Seller’s registered office with the annotation ‘personal data’ or in electronic form by sending an e-mail to firstname.lastname@example.org
m. The Customer has the right to withdraw consent to processing their data at any time without affecting the lawfulness of the processing, which was carried out on the basis of consent expressed before its withdrawal. A declaration of withdrawal of consent to the processing of personal data may be submitted in writing by sending it to the address of the Seller’s registered office with the annotation ‘personal data’, or in electronic form by sending an e-mail to the following address: email@example.com
n. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office, if he considers that the processing of personal data violates the provisions of the GDPR or national legal acts.
o. The Customer provides personal data on a completely voluntary basis, however, in the absence of providing the data necessary to conclude the contract, the Seller will not be able to provide services to the customer. Moreover, in the absence of an e-mail address or telephone number, the Seller will not be able to contact the Customer by e-mail or telephone in connection with the performance of the contract or in other cases related to the provision of services, contract performance or marketing activities.
p. The Seller uses the mechanism of “cookies”, which are saved by the Seller’s server on the hard drive of the Customer’s end device when using the Online Store on the website. “Cookies” are used to ensure the correct operation of the Online Store on the Customers’ end devices. This mechanism does not cause any configuration changes in the Customers’ end devices or in the software installed on these devices. Each Customer can disable the “cookies” mechanism in the web browser of his end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Online Store, in particular, it may make it difficult or impossible to add Goods to the shopping cart enabling collective ordering.
§ 12 Termination of the Agreement for the provision of free services (not applicable to Sales Agreements)
1. Both the Customer and the Seller may terminate the Agreement for the provision of electronic services at any time and without giving reasons, without prejudice to the rights acquired by the other party before the termination of the agreement and the provisions below.
2. The Customer who has registered terminates the agreement for the provision of electronic services by sending an appropriate declaration of intent to the Seller, using any means of remote communication that allows the Seller to read the Customer’s declaration of intent.
3. The Seller terminates the agreement for the provision of electronic services by sending an appropriate declaration of intent to the Customer to the e-mail address provided by the Customer during Registration.
§ 13 Final Provisions
1. The Seller shall be liable for non-performance or improper performance of the agreement, but in the case of agreements concluded with Customers who are Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer being an Entrepreneur, excluding lost profits.
2. Neither of the Parties shall be liable for non-performance or improper performance of obligations under the Agreement caused by Force Majeure. In the event of the circumstances referred to in this paragraph, the Party should immediately inform the other Party about their occurrence and take all possible steps to limit their negative consequences.
3.The content of these GCS may be recorded by printing it, saving it on a carrier or downloading it at any time from the Online Store website.
4. In the event of a dispute arising under the concluded Sales Agreement or Agreement for the provision of electronic services, the parties will attempt to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these Regulations is Polish law. In matters between the Seller and the Customer who is an Entrepreneur, the Parties exclude the application of the United Nations Convention on the International Sale of Goods (CISG).
5. In disputes between the Seller and the Customer who is an Entrepreneur, the competent court to hear the case will be the substantive common court in Toruń, Poland.
6. The Customer who is a Consumer has the option to use extrajudicial means of dealing with complaints and redress. The rules of access to these procedures are available at the offices or on the websites of entities authorized to conduct out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection at https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
Moreover, at the address http://ec.europa.eu/consumers/odr/, there is a platform of an online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR Internet Platform).
7.The Seller reserves the right to amend these GCS. All agreements concluded before the date of entry into force of the new GCS are implemented on the basis of GCS, which were in force on the date of conclusion of the agreement. The amendment to the GCS comes into force within 14 days from its publication on the website of the Online Store. The Seller will inform the Customer 14 days before the entry into force of the new GCS about the change in GCS by means of a message sent by e-mail to the Customer’s address provided during Registration or placing an order. If the Customer does not accept the new content of the GCS, they are obliged to notify the Seller about this fact, which results in the termination of the agreement in accordance with the provisions of § 12 of the GCS.
8. As a rule, Agreements are concluded in Polish. If other language versions are agreed, the Polish language version of the agreement will be binding on the Parties.
9. The GCS shall enter into force on 1 March 2023.