ONLINE STORE TERMS AND CONDITIONS
The Regulations define the rules for the provision of sales services via the website of the online store operating under the domain: www.powerrubber.com. It is a document required under Art. 13 of the act of May 30, 2014 r. on the rights of the CONSUMER (Journal of Laws of 2014, item 827).
The SELLER and ADMINISTRATOR of the store is the company:
The company is entered into the Central Register and Information on Economic Activity (CEIDG) under the NIP number: 5342331435, REGON: 365271408
The BUYER has the right, before placing the order, to negotiate all provisions of the contract with the Seller, including those changing the provisions of the following regulations – within the permissible regulations. Negotiations, these in order to be valid, require a written form. If the BUYER resigns from the possibility of concluding a contract through individual negotiations, the following regulations shall apply.
- ONLINE STORE – means that the CONTRACT for the sale or provision of services is concluded electronically and if the CONSUMER is a party to the contract, it is carried out under the conditions described in the Act of May 30, 2014. on the rights of the CONSUMER (Journal of Laws of 2014, item 827).
- CUSTOMER a natural person, as well as a legal person and an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, and which concludes or intends to conclude a contract or uses other services offered through the website of the ONLINE STORE
- CONSUMER – CLIENT, a natural person who performs a legal transaction with the SELLER not directly related to its business activity – precise definition – Civil Code Article 22.
- PRODUCT – an item offered for sale or a service offered in the INTERNET STORE.
- TERMS AND CONDITIONS – these ONLINE SHOP Regulations.
- SALES AGREEMENT – a product sale agreement concluded remotely via the INTERNET STORE.
- ORDER – a declaration made electronically or by phone about the willingness to conclude a contract (ordering a product or service).
- NEWSLETTER – a service provided electronically by the SELLER, consisting in sending commercial and advertising information to the e-mail address provided by the interested party.
B. General Provisions.
- Scope of activity – mail order sale using the website of technical seals, fitness and breeding mats, speed bumps and cable as well as ergonomic mats. Our products are mostly products made in Poland.
- The SELLER complies with the Code of Good Practice within the meaning of the Act of August 23, 2007 on Counteracting Unfair Market Practices (content available at www.uokik.gov.pl/download.php?id=546)
- CUSTOMER – is obliged to enter data into the system in accordance with the facts, lawful and morally. The data provided may not infringe personal rights or property rights of third parties.
- The SELLER is a VAT payer and issues a sales document – a receipt or invoice for each sale of a product.
- Commercial information – price lists, descriptions, advertisements and other information about the Products on the SELLER’s website constitute an invitation to conclude a contract within the meaning of 71 of the Civil Code.
- The ONLINE STORE carries out orders with shipment to Poland and other EU countries. On individually agreed conditions, it is possible to ship to countries outside the EU. When ordering from abroad – shipping conditions – in particular costs and delivery time are agreed individually. Products may have labels, logos or other brand tags not visible in the photos.
- Before placing an order, the CUSTOMER must read these TERMS AND CONDITIONS. The fact of reading and accepting all the provisions of these regulations is clearly confirmed during registration in the system and before the final confirmation of the order. The order form will not be accepted without such confirmation.
- Orders can be placed electronically 24 hours a day. daily, 7 days a week.
- A telephone order can be placed at the telephone number provided in the CONTACT tab. In the case of a distance contract concluded over the phone, the SELLER confirms the content of the proposed contract by sending it to the CUSTOMER recorded on paper or another durable medium. For the validity of the contract, the CONSUMER makes a declaration of accepting the conditions and concluding the contract – it is effective if it has been recorded on paper or other durable medium after receiving a confirmation from the SELLER.
- Execution of the order (preparation and shipment of PRODUCTS) by the SELLER takes place:
- a) after confirming the order – if payment on delivery has been selected;
- b) after receiving the payment on the account – if prepayment has been selected.
- The order completion date for products in stock – no longer than 3 working days from the date agreed as in the previous point. In most cases, orders are processed within 24 hours. In the case of products offered on request, the date will be specified when placing the order.
- The product prices given in the store’s offer are prices in Polish currency and are gross prices (they include taxes required by law, including VAT).
- The given product prices do not include delivery costs.
- The price binding for the CUSTOMER is the price valid at the time of placing the order.
E. Payment methods:
- cash on delivery – upon receipt of shipped products;
- prepayment – by bank transfer to the bank account provided in the SELLER’s details or sent in the order confirmation;
- payment in cash or by card upon personal pickup – the ordered products must be collected within 10 days of placing the order at the company’s premises;
- online payment system PayPAL – a system administered by Paypal Polska Spółka z o.o. ul. E.Plater 53, 00-113, Warszawa;
- online payment system Przelewy24.pl – operated by PayPro S.A. (part of the DialCom24 Sp.z o.o.group), ul. Kanclerska 15, 60-327 Poznań, tel. (61)847-52-64, fax: (61)847-08-38, WWW: www.przelewy24.pl, e-mail: firstname.lastname@example.org. PayPro SA is entered into the National Payment Institution in the register of national payment institutions kept by the Polish Financial Supervision Authority under the number of the entity in UKNF IP24 / 2014
- The SELLER has the right to limit the available payment methods, including requiring prepayment in whole or in part.
- If the payment in the form of a prepayment by bank transfer is chosen, the CUSTOMER is obliged to pay the price under the Sales Agreement within 7 days from the date of its conclusion, unless the Parties to the Sales Agreement agree otherwise.
F. Shipment of goods
- Delivery costs are borne by the CUSTOMER, unless the description of the product offer states otherwise.
- When completing the interactive order form, the CUSTOMER is informed about the costs and chooses the method and accepts the shipping cost when placing the ORDER.
- In the case of shipping abroad, shipping costs and delivery date are agreed individually.
- We send the purchased products by post or courier.
G. Complaints and withdrawal from the contract (returns) in relations with CUSTOMERS who are not CONSUMERS (applies to entrepreneurs).
- This section of the Regulations applies only to relations with BUYERS who are not CONSUMERS.
- Liability under the warranty expires 12 months from the date of receipt of the PRODUCT
- The CUSTOMER has the right to choose the method of delivery – including sending the carrier ordered by him, who will collect the PRODUCT on his behalf.
- If the sold item is to be sent by the SELLER, it is considered that the release was made when the SELLER entrusted it to a carrier engaged in the transport of this type of goods in order to deliver the item to its destination.
- Upon the release of the sold item, the benefits and burdens associated with the item and the risk of accidental loss or damage to the item are transferred to the CUSTOMER.
- When collecting the parcel with the ordered products, the CUSTOMER who is not a CONSUMER is obliged to inspect the parcel in time and in the manner accepted for such parcels. If it finds that the Product has been lost or damaged during transport, it is obliged to perform all actions necessary to determine the carrier’s liability. If the CUSTOMER did not inspect the item and did not immediately notify the seller about the discovered defect, and if the defect came to light only later – if he did not notify the seller immediately after its detection – the warranty is forfeited.
- The SELLER’s liability towards the CUSTOMER who is not a CONSUMER, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the amount of the price paid and delivery costs under the concluded contract. The SELLER is liable to the CUSTOMER who is not a CONSUMER only for typical damages predictable at the time of concluding the contract and is not liable for lost profits to the CUSTOMER who is not a CONSUMER.
- If there are no cases of the SELLER’s liability under the warranty, authorizing the CUSTOMER to return the PRODUCT, the CUSTOMER may return the purchased PRODUCT only with the consent of the SELLER, at the CUSTOMER’s expense, if the PRODUCT is unused, in factory sealed packaging.
- If the item sold has defects, the CUSTOMER may withdraw from the contract or demand a price reduction. However, the CUSTOMER may not withdraw from the contract if the seller immediately replaces the defective item with a defect-free item or removes the defects immediately. This limitation does not apply if the item has already been replaced by the seller or repaired, unless the defects are irrelevant.
- The SELLER informs that in the case of PRODUCTS also covered by the guarantee, the rights of the buyer and the obligations of the guarantor in this respect are specified and should be performed in accordance with the conditions set out in the WARRANTY BOOK. The WARRANTY granted for the sold PRODUCT is an additional right and does not exclude, limit or suspend the buyer’s rights resulting from the provisions on the warranty for defects in the sold item.
- The SELLER does not accept any COD shipments.
- Any disputes arising between the Seller / Service Provider and the CUSTOMER who is not a CONSUMER shall be submitted to the court having jurisdiction over the seat of the SELLER.
- Regulations concerning the principles of warranty for defects and quality guarantees – not mentioned above – in contracts with entrepreneurs are adopted directly in the wording adopted in the Civil Code, Articles 556-581.
H. The right to withdraw from the contract (RETURN OF GOODS) in the case of distance sales with the participation of the CONSUMER.
- Pursuant to Art 27. of the Act on the rights of the CONSUMER (Journal of Laws of 2014, item 827) CONSUMER concluding a “distance contract” – has the right to withdraw from the contract without giving any reason – within 14 calendar days from the date of taking possession of the PRODUCT (if the product consists of many items that are delivered separately, in batches or in parts, the term begins with taking possession of the last item, batch or part, if the contract consists in the regular delivery of Products for a specified period – from taking possession of the first of the Products – or in the case of services or a contract of a different nature – 14 days from the date of conclusion of the contract, however, if the BUYER is a CONSUMER, the delivery to the buyer of the sold item is deemed to be entrusted by the SELLER to the carrier, if the SELLER had no influence on the choice of the carrier by the buyer. In the event of withdrawal from the contract, the CONSUMER is entitled to a reimbursement of the costs incurred. If, at the time of concluding the contract, the CONSUMER chose a method of delivery other than the cheapest standard method offered by the SELLER – the SELLER is not obliged to reimburse the CONSUMER for additional costs that exceed the cheapest method. The condition for keeping the deadline is submitting the SELLER a declaration of withdrawal from the contract within this time. The declaration sent electronically is also important – you can use the ready form (Declaration of withdrawal from the contract). If the declaration is submitted in electronic form, the SELLER will immediately send the CONSUMER on a durable medium a confirmation of receipt of the declaration of withdrawal from the contract.
- After sending the statement, the CONSUMER is obliged to return the product to the CORRESPONDENCE address provided in the SELLER’s details within 14 calendar days (counted from the date of sending the declaration of withdrawal from the contract) – unless the SELLER has offered to pick up the PRODUCT himself. The date of sending the parcel is decisive for meeting the deadline.
- The CONSUMER is responsible for the decrease in the value of the item as a result of using it in a different way than necessary to establish the nature, characteristics and functioning of the item
- The SELLER will return the payments made by him within 14 calendar days, including the costs of delivering the goods from the SELLER to the CONSUMER. The SELLER may, however, withhold the reimbursement until the item is returned or the CONSUMER provides proof of its return – depending on which event occurs first. The SELLER will 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 additional costs for him.
- Direct costs of returning the PRODUCT to the SELLER are borne by the CONSUMER (CUSTOMER).
- The CONSUMER is not entitled to withdraw from a distance contract in the cases listed in the appendix.
- contract for the provision of services, if the entrepreneur has fully performed the service with the express consent of the CONSUMER who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
- a contract where the subject of the service is a non-prefabricated item, manufactured according to the CONSUMER’s specification or serving to satisfy individual needs;
and in other cases listed in the Annex.
- The SELLER does not accept parcels sent “cash on delivery”. Return shipment should be properly secured against damage in transit.
I. Liability under the warranty and guarantee when selling with the CONSUMER.
- The SELLER is obliged to deliver the PRODUCT that is the subject of the contract – without defects.
- The SELLER is liable under the statutory warranty for physical defects that existed at the time the hazard passed on to the buyer or resulted from a cause inherent in the item sold at the same time – for a period of 2 years.
- The SELLER informs that in the case of PRODUCTS also covered by the guarantee, the rights of the buyer and the obligations of the guarantor in this respect are specified and should be performed in accordance with the conditions set out in the WARRANTY BOOK. The WARRANTY granted for the sold PRODUCT is an additional right and does not exclude, limit or suspend the CONSUMER’s rights under the SELLER’s liability under the provisions on warranty for defects in the sold item (Article 577 of the Civil Code).
- The SELLER is released from liability under the warranty if the CONSUMER knew about the defect at the time of concluding the contract.
- In the event of a defect or non-compliance of the delivered PRODUCT with the contract, the CONSUMER has the right to file a complaint.
- In order to submit a complaint, we recommend that the CONSUMER completes the complaint protocol (DrukReklamacyjny.doc), or in another form describes the grounds for the complaint and demands for the removal of defects, and sends the notification by e-mail or by post to the SELLER’s correspondence address provided in the header. Reports can also be made by phone or orally.
- Defective PRODUCT – in agreement with the SELLER – if it is possible and expedient – the CONSUMER who exercises the rights under the warranty will be obliged at the SELLER’s expense to deliver the item to the place indicated in the contract of sale, and if such a place is not specified in the contract – to the place, in which the item was delivered to the CONSUMER. If, due to the type of item or the method of its installation, the delivery of the item by the CUSTOMER would be excessively difficult, the CUSTOMER is obliged to make the item available to the SELLER at the place where the item is located.
- If the item sold has a defect, the CUSTOMER may submit a statement requesting a price reduction or withdrawal from the contract, unless the SELLER immediately and without undue inconvenience to the buyer replaces the defective item with a defect-free one or removes the defect. This limitation does not apply if the item has already been replaced or repaired by the SELLER or the SELLER did not satisfy the obligation to replace the item with a non-defective one or remove the defect.
- If the BUYER is a CONSUMER, he may, instead of the removal of the defect proposed by the seller, demand that the item be replaced with a defect-free one, or instead of replacing the item, demand that the defect be removed, unless it is impossible to bring the item into compliance with the contract in the manner chosen by the buyer or would require excessive costs compared to the manner proposed by the seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the buyer would otherwise be exposed.
- The reduced price should remain in proportion to the price resulting from the contract in which the value of the defective item is to the value of the item without a defect.
- The BUYER may not withdraw from the contract if the defect is irrelevant.
- If the item sold has a defect, the BUYER may request that the item be replaced with a defect-free one or that the defect be removed. The SELLER is obliged to replace the defective item with a non-defective one or remove the defect within a reasonable time without undue inconvenience to the buyer. The SELLER may refuse to satisfy the buyer’s request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or would require excessive costs compared to the second possible method of bringing the defective item into conformity with the contract. If the BUYER is an entrepreneur, the SELLER may refuse to replace the item with an item free from defects or to remove the defect also when the costs of compensating this obligation exceed the price of the item sold.>
- The SELLER will consider the complaint without undue delay. Not later than within 14 calendar days from the date of receipt of the complaint and will inform the CONSUMER in writing or by e-mail about the status of the complaint. If a complaint is left unanswered within this time, the complaint is deemed to be accepted.
- After accepting the complaint, the SELLER will reimburse the CONSUMER the costs related to the complaint and incurred by the CONSUMER. The SELLER will transfer the amount due to the CONSUMER to a bank account or by postal order.
- If the acceptance of the complaint is related to the repair or replacement of the goods – the SELLER will send the product back to the CONSUMER at his own expense.
J. Electronic services and technical conditions for using the website
- SELLER – in order to conclude a contract, he provides the following services via the website of the online store:
- creating and administering a CUSTOMER account in the online store;
- processing the order form for products in the online store;
- with the consent of the CUSTOMER – sending commercial information, promotional offers, etc. in the form of a “newsletter” service.
- The provision of electronic services in the above-mentioned scope is free of charge.
- The contract for the provision of electronic services consisting in the management and administration of the CUSTOMER’s Account on the WEBSITE is concluded for an indefinite period. The conclusion is considered to be the completion of the CUSTOMER registration process on the WEBSITE.
- The contract for the provision of electronic services consisting in enabling the submission of an Order in the Online Store by filling in the order form is concluded for a definite period of time – for the period of filling and processing the order – and is terminated upon submission and acceptance of the Order.
- The “newsletter” service is concluded for an indefinite period of time. The contract is concluded upon consent to the sending of messages to the CUSTOMER’s address provided during registration.
- The CONSUMER may withdraw from the contract for the provision of the service without giving any reasons within 14 days from the conclusion of the contract – except when the provision of the service begins before this deadline with the consent of the CONSUMER – by submitting a declaration of withdrawal to the entrepreneur:
- using the electronic model withdrawal form (Annex to the REGULATIONS),
- by submitting a statement on the website,
- in the form of an e-mail or in writing to the address of the SELLER (SERVICE PROVIDER)
- in the case of a service concluded for an indefinite period, both parties have the right to terminate the contract:
- The CONSUMER may terminate the contract for the provision of electronic services at any time by submitting an appropriate statement in electronic or written form to the address of the SELLER. The SELLER will immediately confirm the receipt of the declaration. The SELLER, within 7 days of receiving the notice, will remove from the data the records covered by the protection of personal data related to the service and cease to provide it.
- The SELLER terminates the contract for the provision of electronic services if the CONSUMER objectively and unlawfully grossly violates the Regulations – with a 30-day notice period from the date of giving the notice. If both parties to the contract are entrepreneurs, the SELLER may terminate the contract for the provision of Electronic Services with immediate effect.
- The SELLER and the CUSTOMER may terminate the contract for the provision of electronic services at any time by agreement of the parties.
- Complaints will be dealt with immediately, no later than within 14 days. Failure to consider the complaint within this period means that the complaint is accepted.
K. Processing and protection of personal data
- The SELLER is the administrator of the CONSUMER’s personal data collected via the ONLINE STORE.
- The administrator has registered sets of personal data processed in connection with this website in the register of the Chief Inspector of Personal Data Protection (GIODO).
- Providing personal data by the CONSUMER is voluntary, however, failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement or a contract for the provision of Electronic Services may result in the inability to conclude and implement this contract. The CONSUMER expressly consents to the registration and processing of personal data before registering in the system.
- To perform the contract service, it is necessary to provide the following CONSUMER data:
- surname and name;
- shipping address for products;
- e-mail adress;
- contact telephone number.
- All personal data provided during the ordering process are used only to shape, conclude, amend or terminate the Agreement between the SERVICE PROVIDER and the CONSUMER and to perform the Sales Agreement or contract for the provision of Electronic Services or to perform the order and are not made available to other institutions or third parties – except for those described in point .6. Data collection and processing are carried out in accordance with the Act of August 29, 1997. on the protection of personal data / Dz. Of Laws No. 133, item 883 as amended.
- In the case of sale of products through the INTERNET STORE in order to deliver products to the CONSUMER, personal data necessary to address and deliver the parcel are provided to companies professionally engaged in delivering parcels – in particular to the Polish Post Office, and courier companies – together with entrusting the parcel to be delivered, and in the case of using the system on-line direct payments – to the payment system administrator.
- If the CUSTOMER agrees by subscribing to the list of subscribers, he will receive a “newsletter” to the e-mail address provided by him. It is possible to unsubscribe from the newsletter service at any time.
- The CUSTOMER has the right to access their data, correct them and request their removal at any time.
L. Final Provisions
- The contract is concluded in Polish and under the jurisdiction of Polish law. This choice, however, does not deprive the CONSUMER of the protection granted to him by the provisions that cannot be excluded by agreement, under the law of the country where the CONSUMER has his habitual residence, and the entrepreneur directs his business to that country and the contract falls within the scope of this activity.
- The provisions of these REGULATIONS are not intended to exclude or limit any rights of the CUSTOMER who is also a CONSUMER within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws No. 16, item 93, as amended) – he is entitled to under the applicable legal regulations. In the event of non-compliance of the provisions of these REGULATIONS with the above provisions, these provisions shall prevail.
- The content of the Regulations is available at all times in the REGULATIONS tab on the SELLER’s website and may be copied and printed at any time by the Buyer. The content of the REGULATIONS may also be sent at any time by e-mail or by post at the request of the CUSTOMER. TERMS AND CONDITIONS together with attachments are also delivered to the CUSTOMERS attached to the e-mail confirming the order and conclusion of the contract.
- In matters not covered by these Regulations, the relevant legal provisions will apply, in particular:
- The Act of April 23, 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended);
- The Act of August 29, 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926, as amended);
- The Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);
- The Act of June 30, 2000 r. industrial property law (Journal of Laws of 2001, No. 49, item 508, as amended);
- The Act of February 4, 1994 r. on copyright and related rights (Journal of Laws of 2006 No. 90, item 631, as amended),
- The Act of May 30, 2014 r. on the rights of the CONSUMER (Journal of Laws of 2014, item 827)
- In the event that the REGULATIONS contain provisions contrary to the above-mentioned or other applicable regulations in the Republic of Poland – these provisions shall take precedence over the wording of the REGULATIONS.
- If any of the provisions of these REGULATIONS is found to be illegal, invalid or otherwise unenforceable to the extent provided for by law, it shall be excluded in this respect. If any of the provisions of these REGULATIONS is found to be illegal, invalid or otherwise unenforceable to the extent provided for by law, it shall be excluded in this respect.
- All names of PRODUCTS offered for sale by the INTERNET STORE are used for identification purposes and may be protected and reserved pursuant to the provisions of the Industrial Property Law Act (Journal of Laws 2001 No. 49 item 5081 as amended).
- All photos posted on the WEBSITE are protected under the Act of February 4, 1994 r. on copyright and related rights – (Journal of Laws 1994 No. 24 item 83, as amended) – have a creative and individual character. They cannot be copied without the consent of the Website Administrator.
- In the event of disputes related to the implementation of the concluded contract, the parties will endeavor to resolve the dispute by way of out-of-court arbitration – including resolution of the dispute before a mediator. If the dispute is not resolved amicably, the court competent to resolve the dispute will be the Common Court.
- Performing the obligation to indicate extrajudicial methods of dealing with complaints and redress as well as the rules of access to these procedures, we hereby inform you that up-to-date information in this regard is available on the website: https://prawakonsumenta.uokik.gov.pl/
- The content of Annexes 1, 2 and 3 is an integral part of these REGULATIONS,
The CONSUMER is not entitled to withdraw from a distance contract in the following cases:
- contract for the provision of services, if the entrepreneur has fully performed the service with the express consent of the CONSUMER who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract ;
- a contract in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawing the contract;
- for an agreement where the subject of the service is an item that deteriorates quickly or has a short shelf-life;
- for an agreement where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
- for a contract where the subject of the service are items that after delivery, due to their nature, remain inseparably connected with other items;
- an agreement where the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the sales agreement, and the delivery of which may take place only after 30 days, and the value of which depends on market fluctuations over which the entrepreneur has no control;
- an agreement in which the CONSUMER has expressly requested that the entrepreneur come to him for urgent repair or maintenance. If the entrepreneur provides additional services other than those requested by the CONSUMER, or delivers items other than spare parts necessary for repair or maintenance, the CONSUMER has the right to withdraw from the contract in relation to additional services or items;
- for an agreement where the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts;
- a contract concluded at a public auction;
- contracts for the lease of a building or premises for purposes other than residential, transport of goods, car rental, gastronomy, leisure services, if the contract specifies the day or period of service provision;
- contracts for the supply of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the CONSUMER before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
Annex 2 – constitutes the “Model declaration of withdrawal from the contract.doc”
Attachment no. 3 – constitutes the “Complaint application template.doc”