[ENG below]
§ 1
POSTANOWIENIA OGÓLNE
§ 2
DEFINICJE ZAWARTE W REGULAMINIE
§ 3
INFORMACJE DOTYCZĄCE PRODUKTÓW ORAZ ICH ZAMAWIANIA
§ 4
ZAWARCIE UMOWY SPRZEDAŻY
§ 5
SPOSOBY PŁATNOŚCI
§ 6
KOSZT, TERMIN I SPOSOBY DOSTAWY PRODUKTU
§ 7
REKLAMACJA PRODUKTU
§ 8
PRAWO ODSTĄPIENIA OD UMOWY
§ 9
RODZAJ I ZAKRES USŁUG ELEKTRONICZNYCH
§ 10
WARUNKI ŚWIADCZENIA I ZAWIERANIA UMÓW O ŚWIADCZENIE USŁUG ELEKTRONICZNYCH
§ 11
REKLAMACJE ZWIĄZANE ZE ŚWIADCZENIEM USŁUG ELEKTRONICZNYCH
§ 12
PRAWA AUTORSKIE ORAZ SZTUCZNA INTELIGENCJA (AI)
§ 13
POSTANOWIENIA KOŃCOWE
§ 1
GENERAL PROVISIONS
The www.sklep.grzegorzsamson.pl Store operates under the terms and conditions set out in these Regulations. The Regulations specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.sklep.grzegorzsamson.pl Store, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services. Each Service Recipient is obliged to comply with the provisions of these Regulations upon taking steps to use the Electronic Services of the www.sklep.grzegorzsamson.pl Store. In matters not regulated in these Regulations, the provisions of the following shall apply: the Act on the provision of services by electronic means of 18 July 2002, the Consumer Rights Act of 30 May 2014, the Act on out-of-court resolution of consumer disputes of 23 September 2016, the Civil Code of April 23, 1964, and other applicable provisions of Polish law. Copyright and Related Rights Act of February 4, 1994.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
ORDER FORM – the form available on the website www.sklep.grzegorzsamson.pl enabling the submission of an Order. CUSTOMER – the Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller. CONSUMER – a natural person who concludes a legal transaction with the entrepreneur unrelated directly to their business or professional activity. ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activity on its own behalf. PRODUCT – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller. REGULATIONS – these Store regulations. STORE – the Service Provider's online store operating at www.sklep.grzegorzsamson.pl. SELLER, SERVICE PROVIDER – illo&mo Grzegorz Samson, ul. Obrońców Poczty Gdańskiej 8, 84-200 Wejherowo, NIP: 5882380466. SALES AGREEMENT – a Product Sales Agreement concluded between the Customer and the Seller via the Store. ORDER – a declaration of intent by the Customer constituting an offer to enter into a Product Sales Agreement with the Seller. PRICE – the value expressed in monetary units that the Customer is obligated to pay to the Seller for the Product.
§ 3
INFORMATION REGARDING PRODUCTS AND ORDERING THEM
The Store www.sklep.grzegorzsamson.pl sells Products online. The Products offered in the Store are new, compliant with the agreement, and have been legally introduced to the Polish market. The information on the Store's websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product under the terms specified in its description. The Product price displayed on the Store's website is given in Polish zloty (PLN) and includes all components. The price does not include shipping costs. Orders can be placed online via the Store's website using the Order Form (Store www.sklep.grzegorzsamson.pl) – 24 hours a day, year-round. The Customer may place an Order in the Store upon reviewing the Terms and Conditions and accepting their provisions at the time of placing the Order.
§ 4
CONCLUSION OF A SALES AGREEMENT
To conclude a Sales Agreement, the Customer must first place an Order using the method provided by the Seller, in accordance with § 3 points 5 and 6 of the Terms and Conditions. After placing the Order, the Seller immediately confirms its receipt. Confirmation of acceptance of the Order, referred to in point 2 of this paragraph, binds the Customer to their Order. Confirmation of receipt of the Order is sent via email. Confirmation of receipt of the Order includes: confirmation of all essential elements of the Order, a withdrawal form, and these Terms and Conditions, including instructions on the right to withdraw from the Agreement.
Upon receipt by the Customer of the email referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller. Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
§ 5
PAYMENT METHODS
The Seller provides the following payment methods: payment via an electronic payment system.
In the case of payment via an electronic payment system, the Customer makes payment before the Order begins to be processed. The electronic payment system allows payment by credit card or express transfer from selected Polish banks. The Customer is obligated to pay the price under the Sales Agreement within 2 business days of its conclusion, unless the Sales Agreement provides otherwise. The Product will be shipped only after payment has been received.
§ 6
PRODUCT DELIVERY COST, TIME, AND METHODS
Product delivery costs, which are borne by the Customer, are determined during the Order placement process.
The Product delivery time consists of the Product assembly time and the carrier's delivery time:
The Product assembly time is 1-2 business days.
Delivery of Products that are movable items by the carrier takes place within the time declared by the carrier, i.e., 1-2 business days from the date of shipment (delivery takes place only on business days, excluding Saturdays, Sundays, and public holidays).
Products purchased in the Store are shipped exclusively within Poland via courier.
§ 7
PRODUCT COMPLAINTS
Complaints regarding non-conformity of the Product with the contract. The basis and scope of the Seller's liability to the Customer who is a Consumer for the lack of conformity of the Product with the contract are specified in the Consumer Rights Act of 30 May 2014.
The basis and scope of the Seller's liability to the Customer who is an Entrepreneur under the warranty are specified in the Civil Code of 23 April 1964.
The Seller is liable to the Customer who is a Consumer for any lack of conformity of the Product with the contract existing at the time of delivery and revealed within 2 years of that time, unless the expiration date of the Product specified by the Seller or persons acting on their behalf is longer.
Notification of the lack of conformity of the Product with the contract and the submission of an appropriate request can be made via email to: hello@grzegorzsasmon.pl.
The above message, in written or electronic form, should include as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and expedite the Seller's complaint processing.
To assess the irregularities and non-conformity of the Product with the contract, the Consumer is obligated to make the Product available to the Seller, and the Seller is obligated to collect it at its own expense.
The Seller will respond to the Customer's request immediately, no later than within 14 days of filing the complaint.
In the case of a complaint from a Customer who is a Consumer, failure to process the complaint within 14 days of filing it constitutes acceptance of the complaint.
In connection with a justified complaint from a Customer who is a Consumer, the Seller will:
cover the costs of repair or replacement and re-delivery of the Product to the Customer.
Reduce the price of the Product (the reduced price must be proportional to the price of the goods in conformity with the contract to the non-conforming goods) and refund the Consumer the value of the reduced price no later than 14 days of receiving the Consumer's declaration of price reduction.
In the event of withdrawal from the contract by the Consumer, the Seller will refund the price of the Product no later than 14 days. from the date of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obligated to immediately return the goods to the Seller at the Seller's expense.
The response to the complaint is provided on paper or another durable medium, e.g., email or text message.
§ 8
RIGHT OF WITHDRAWAL
Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days.
In the event of withdrawal, the Sales Agreement is considered null and void, and the Consumer is obligated to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before its expiry. In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: Obrońców Poczty Gdańskiej 8, 84-200 Wejherowo.
The Consumer is liable for any diminished value of the Product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product, unless the Seller failed to inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right of withdrawal and failed to provide them with a sample withdrawal form. To establish the nature, characteristics, and functioning of the Products, the Consumer should handle and inspect the Products only in the same way as they would in a brick-and-mortar store.
Subject to points 6 and 8 of this section, the Seller will refund the value of the Product, including shipping costs, using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different return method that does not incur any costs for them. Subject to point 7 of this section, the refund will be made immediately, and no later than 14 days from the Seller's receipt of the declaration of withdrawal from the Sales Agreement.
If the Consumer has chosen a Product delivery method other than the least expensive standard delivery method offered by the Store, the Seller is not obligated to reimburse the Consumer for any additional costs incurred.
If the Seller has not offered to collect the Product from the Consumer, the Seller may withhold reimbursement of payments received from the Consumer until the item is received back or proof of its return is provided, whichever occurs first.
A Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this section, shall only bear the costs of returning the Product to the Seller.
The fourteen-day period within which the Consumer may withdraw from the contract is calculated for contracts under which the Seller delivers the Product and is obligated to transfer ownership of the Product – from the day on which the Consumer (or a third party designated by the Seller, other than the carrier) takes possession of the Product. The right to withdraw from a distance contract does not apply to the Consumer in the case of a Sales Agreement, including one in which the subject of the contract is a non-prefabricated product, manufactured according to the Consumer's specifications, or intended to meet their individual needs.
Both the Seller and the Customer have the right to withdraw from the Sales Agreement if the other party fails to fulfill its obligation within a strictly specified period.
§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider enables the use of an Electronic Service through the Store, which involves concluding Product Sales Agreements.
The provision of Electronic Services to Customers in the Store is subject to the terms and conditions set forth in the Terms and Conditions.
The Service Provider has the right to post advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.
§ 10
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
The provision of the Electronic Service specified in § 9, point 1 of the Terms and Conditions by the Service Provider is free of charge.
The agreement for the provision of the Electronic Service, which consists of enabling the placement of an Order in the Store, is concluded for a fixed term and terminates upon the placement of an Order or upon the Service Recipient's cessation of placing an Order.
Technical requirements necessary for cooperation with the IT system used by the Service Provider:
The Service Recipient is obligated to use the Store in a manner consistent with the law and good practice, with due regard for the personal rights and intellectual property rights of third parties.
The Service Recipient is obligated to enter data that is accurate. The Service User is prohibited from providing illegal content.
§ 11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of Electronic Services through the Store may be submitted by the Service User via email to: hello@grzegorzsamson.pl.
In the above email, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and expedite the processing of the complaint by the Service Provider.
The Service Provider will process the complaint promptly, no later than 14 days from the date of submission. The Service Provider's response to a complaint will be sent to the Service User's email address provided in the complaint or in another manner specified by the Service User.
§ 12
COPYRIGHT AND ARTIFICIAL INTELLIGENCE (AI)
None of the products available on this website may be sold on other websites, in physical stores, or at trade shows that are not owned or affiliated with the Seller, anywhere in the world.
None of the products available on this website may be used to train any models based on artificial intelligence (AI).
§ 13
FINAL PROVISIONS
Agreements concluded through the Store are concluded in accordance with Polish law.
In the event of any inconsistency between any part of the Terms and Conditions and applicable law, the relevant provisions of Polish law shall apply in lieu of the disputed provision of the Terms and Conditions.
Any disputes arising from Sales Agreements between the Store and Consumers will be resolved primarily through negotiation, with the intention of amicably resolving the dispute, taking into account the Act on Extra-Court Resolution of Consumer Disputes. However, if this is not possible or is unsatisfactory for either party, the dispute will be resolved by a competent common court, in accordance with point 4 of this section. Any disputes arising between the Service Provider and the Service Recipient (Customer) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
A Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by filing a request for mediation or an arbitration court after the complaint procedure has been completed (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available at http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also seek free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory responsibilities include consumer protection. Extrajudicial redress after the complaint procedure is completed is free of charge.
To resolve the dispute amicably, consumers may, in particular, submit a complaint via the ODR (Online Dispute Resolution) online platform, available at: http://ec.europa.eu/consumers/odr/.
This document was prepared using an automatic generator available at www.lexlab.pl/generator-regulaminu