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ONLINE STORE REGULATIONS
Website. JanNierdzewny.pl, hereinafter referred to as Online Shop or in short Shop, is run by the company Jan Nierdzewny Panyło spółka komandytowa with its registered office in Dębica, address: ul. Rzeszowska 139, 39-200 Dębica, telephone number 575 141 845, e-mail address bok@jannierdzewny.pl, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000995223, for which registration files are kept by District Court in Rzeszów, XII Commercial Division of the National Court Register, NIP 872-240-62-01, REGON: 180848176, hereinafter referred to as Company.
Glossary</ span>
Customer Service – Customer Service available at the telephone number posted on the Store's website and via the contact form via the Internet at sklep.jannierdzewny.pl;
Workdays - days of the week from Monday to Friday, excluding public holidays;
Supplier - </ span>entity with which the Company cooperates in the delivery of Goods in the form of a courier company, or an operator of post office boxes, the so-called parcel locker;
Customer – natural person, legal person or an organizational unit without legal personality, equipped with legal capacity, using the Store, in particular making purchases;
Consumer - Customer who is a natural person, using the Store, in particular making purchases, for purposes not directly related to his business or professional activity - in accordance with art. 221 of the Civil Code;
Cart - Shop functionality that allows you to display selected by the Customer of the Goods covered by the order, intended for purchase, as well as entering and modifying the order data: the number of Goods, method and address of delivery, invoice data, electronic invoice, payment method;
Client Account - an individual panel for the Client, launched for him by the Company after the Registration;
Entity making the payment - entity intermediating making payments by bank transfer or payment by credit card;
Item – item (movable item) included in the Store's assortment, which may be covered by the Customer's order;
Registration - </ span>a factual act performed by the Customer in the manner specified in the regulations, as a result of which the Customer can use all the functionalities of the Online Store;
Permanent media - material or tool enabling the Client or the Company to store information addressed personally to them, in a way that allows access to information in the future for a period of time appropriate to the purposes for which this information is used, and which allows for the reconstruction of the stored information in an unchanged form;
Sales Agreement- an agreement under which the Company undertakes to transfer to the Customer the ownership of the Goods ordered remotely and deliver them to the Customer, and the Customer undertakes to collect the Goods and pay the Company the Price for Goods and delivery;
Distance contract - contract concluded with the Customer as part of an organized system of concluding distance contracts, without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication, up to and including the moment of concluding the contract;
Durability - the ability of the Good to keep its functions and features in the course of normal use;
Digital content - data produced and delivered in digital form;
Digital service - a service that allows the Customer to : generation, processing, storage or access to data in digital form, joint use of data in digital form that has been sent or created by the Customer or other users of this service, other forms of interaction with digital data;
Goods with digital elements - Goods containing digital content or digital service or connected to them in such a way that the absence of the digital content or digital service would prevent its proper functioning;
Digital environment - hardware, software and network connections used by the Customer to access or use the digital content or digital service;
Integration- combination of digital content or service with elements of the Customer's digital environment and their inclusion in these elements to ensure compliance with the contract for the supply of digital content or digital service;
Compatibility - interoperability of digital content, services or Goods with computer hardware or software that are usually used to use digital content, digital service, or goods of the same type, without the need to convert them;
Functionality- capability of digital content, services or Goods to perform their functions, taking into account their intended use;
Interoperability - the ability of digital content, services or Goods to interact with computer hardware or software other than those usually used to use digital content, digital service or Goods of the same type;
Price - the value expressed in monetary units that the Client is obliged to pay to the Company for digital content, digital service or Goods, and in relation to digital content or digital service - also a digital representation of the value .
§ 1.< /p>
General
1. These terms and conditions defines the rules for using the Store, placing orders for Goods, paying the Price for the sale of Goods by the Customer as a buyer, delivering Goods to the Customer, the Customer's rights to withdraw from the contract and the rules for submitting and consideration of complaints, as well as the method of returning Goods.
2. For browsing assortment of the Store and placing orders for Goods, a computer or other device (smartphone, tablet) with access to the Internet (with a bandwidth of at least 256 kbit/s) and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox and an active e-mail account. The Company will make every effort to ensure that the use of the Online Store is possible for users of all popular browsers, types of devices and operating systems.
3. Browsing assortment The store does not require registration. Placing an order for Goods in the Store's assortment is possible after registering an individual Customer Account, as well as without registering an individual Customer Account.
4. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, trademarks, descriptions of Goods, photos, visualizations placed on the Store's website belong to the Company.
5. Related costs with the use of a means of distance communication (internet) for the purpose of concluding a contract are dependent on the price of the internet provider, electricity supplier. However, the fee for the Client for connecting to the Company's phone number intended for contacting him/her regarding the concluded contract is not higher than the charges for regular telephone calls made by the Client.
§ 2.< /p>
Registration and login
1. To In order to enable the Customer to fully use services provided electronically and to fulfill orders, the Customer may register in the Store. For this purpose, the Customer completes the online registration form, providing his e-mail address, a password of his choice consisting of eight characters and a telephone number (voluntarily), and is obliged to accept the Store's regulations. After registering in the Store, a confirmation of registration will be sent to the Customer's e-mail address provided in the registration process, at which point the Customer receives access to the Customer Account created in the Online Store and a contract for the provision of services by electronic means is concluded.
2. Registration in The Store and the use of the Store's functionalities are voluntary and free of charge.
3. To deregistration from the Store, after logging into the Customer Account, follow the instructionsin the tab "My Account", "Deregistration" or send an e-mail to bok@jannierdzewny.pl from the address provided by the Customer in the "My Account" tab with a request to deregister via the Customer Service Office. As soon as the Customer deregisters from the store, the Customer Account is deleted and the contract for the provision of electronic services is terminated.
4. Registration in The store requires reading the regulations, which the customer confirms during the registration process by checking the box "I declare that I have read the regulations and agree with its provisions".
5. Login to Store is done using the e-mail address provided during registration to the Store and the password referred to in in section 1. The data provided during registration and the password can be changed after logging into the Customer Account in the "Your Account", "Your Data" tab.
6. Invited customer is to keep the login (e-mail address) and password to your Account in the Store secret, with the reservation that the Company never asks the Customer to provide the Password. The customer is obliged to provide correct address details enabling delivery of the order to the customer. The Company indicates that the public nature of the Internet and the use of services provided electronically, despite the use of security measures by the Company , may involve the risk of obtaining and modifying Customer data by unauthorized persons, hence the Customers should take appropriate technical measures to minimize such risks, e.g. by using anti-virus programs.
Order conditions
1. About The goods available in the Store's assortment do not constitute an offer of the Company, , but only an invitation to conclude a sales contract within the meaning of Art. 71 of the Civil Code.
2. Item for sale are brand new Goods, free from defects, in accordance with the contract presented by the Store at the time of placing the order by the Customer.
3. Commodity Prices on the Store's website are expressed in Polish zlotys and are gross prices, i.e. they include taxes, including value added tax (VAT).
4. Commodity Prices do not include delivery costs; delivery costs depend on the selected method of delivering the Goods to the Customer, as well as on the value and characteristics of the ordered Goods (including its weight and size) and are provided when choosing the method of delivery of the Goods by the Customer.
5. Cthe total cost of the order including the price of the Goods together with the delivery costs is indicated in the basket before placing the order by the Customer.
6. The customer can place orders for Goods seven days a week, 24 hours a day. Before placing an order for Goods available in the Online Store, the Customer is obliged to carefully read these Regulations. By confirming the order in the Online Store, the Customer at the same time makes a statement that he has read the content of these Regulations and accepted the provisions contained therein, and that he allows the Company to process his personal data in order to fulfill the order.</span >
7. To placing an order for Goods, the Customer should:
1) log in to the Customer's account in the Store, and if the Customer does not have a Customer Account, proceed to the further procedure in points 2-7;
2) select the Goods that are the subject of the order, and then click the "Add to Cart" button;
3) choose the method of delivery and payment for the subject of the order;
4) enter the details of the recipient of the order and the address to which the delivery of the Goods is to take place, as well as the telephone number and e-mail address under which the Company may contact the Customer in matters related to the order;</ span>
5) enter the invoice data if a VAT invoice is to be issued and sent to the Customer; The customer may agree to receive invoices in electronic form; invoices will be sent to the e-mail address indicated in the Customer's account or the e-mail address provided in the order, if the Customer does not have a Customer Account;
6) confirm the order with the button: "Order and pay";
7) pay for the order in one of the available payment methods (unless the Customer has chosen to collect the Goods in person at the Company's headquarters).
8. Place order by the Customer means submitting to the Company an offer to conclude a contract for the sale of the ordered Goods within the meaning of Art. 66 of the Civil Code.
9. After assembly orders will be sent to the Customer's e-mail addressconfirmation of the order by the Company within seven days.
10. Receipt Confirmation of the order is the Company's declaration of acceptance of the offer referred to in point 8, and upon its receipt by the Customer, a Sales Agreement is concluded between the parties. After concluding the Sales Agreement, the Company confirms its terms to the Customer by sending them on a Durable Medium to the Customer's e-mail address.
11. Contract concluded between the Customer and the Company regarding the purchase of the Goods is timely and lasts for the duration of the order. The place of performance under the contract for the sale of Goods by the Company is the place of delivery at the address indicated by the Customer.
12. Order fulfillment takes place after the Company receives the full payment or, in the case of a payment made by the entity performing the payment, after the entity confirms the correct execution of the full payment, unless the Customer has chosen to collect the Goods in person at the Company's registered office.
13. Client should make payment for the order in the amount resulting from the concluded Sales Agreement within seven days, if he chose the form of prepayment. If the Customer fails to make the payment within this period, the Company has the right to withdraw from the sales contract after a prior request for payment. </ p>
§ 4.
Payment methods
1. Orders placed in the Store may be paid in advance in the form of a prepayment if the Customer selects the delivery of the Goods by the carrier (before sending the ordered Goods) or in person at the registered office of the Company if the Customer selects personal collection, then the payment should be made upon receipt of the Goods.
2. You can pay make at the Company's registered office (only for personal collection), by bank transfer to the Company's account: Jan Nierdzewny Panyło spółka komandytowa ul. Rzeszowska 139, 39-200 Dębica, bank account number 63 1240 4807 1111 0010 4579 0141, by payment card or in one of the electronic payment systems accepted by the Company, through the payment processor.
Order delivery
1. Order item will be delivered to the Customer only in Poland, to the address indicated by the Customer inorder, depending on the Customer's choice, by courier or to a parcel locker selected by the Customer. It is also possible to collect the subject of the order in person at the address of the Company's registered office, ul. Rzeszowska 139, 39-200 Dębica Monday to Friday (excluding public holidays) between 7.00 - 15.00
2. Client is obliged to provide the correct and precise address to which the subject of the order is to be delivered.
3. On page On the website of the Store presenting a given Good, information on the number of working days (days of the week from Monday to Friday, excluding public holidays) is included, during which the parcel containing the given Good will be sent, however, in the case of a Consumer, the Goods will be released no later than than within 30 days from the date of concluding the sales contract.
4. If subject If there are several Goods with different delivery dates in the order, the shipment will be sent at the time specified for the Goods with the longest delivery date. The delivery time of the order is indicated in the basket before placing the order by the Customer.
5. Information, referred to in point 3 and 4, specifies the maximum order delivery time, counted from the moment of accepting the order for execution until the moment of releasing the Goods i.e. personal collection at the registered office of the Company or sending the subject of the order to the Client in accordance with the method chosen by him. In the absence of information about the date of sending the shipment with the subject of the order, the order is processed within 14 working days.
Complaint policy
1. Company is obliged to deliver the Goods to the Consumer without defects and in accordance with the contract.
2. The goods are compliant with the contract, if in particular his:
are compliant with the contract
1) description, type, quantity, quality, completeness and functionality, and for goods with digital elements - also compatibility, interoperability and availability of updates;
2) suitability for a specific purpose for which it is needed by the Consumer, about which the Consumer notified the Company at the latest at the time of conclusion of the contract and which the Company has accepted.
3. Also Goods to be considered compliant with the contract, it must:
1) be suitable for the purposes for which Goods of this type are usually used, taking into account applicable recipein law, technical standards or good practices;
2) be present in such quantity and have such characteristics, including durability and safety, and with regard to for goods with digital elements - also the functionality and compatibility that are typical for Goods of this type and which the Consumer may reasonably expect, taking into account the nature of the Goods and the public assurance given by the Company, its legal predecessors or persons acting on their behalf, in particular in in an advertisement or on a label, unless the Company demonstrates that:
a) she did not know about the public assurance and reasonably could not have known about it,
b) prior to the conclusion of the contract, the public assurance was rectified with the conditions and form in which the public assurance was submitted, or in a comparable manner,
c) public assurance did not affect the Consumer's decision to conclude the contract;< /p>
3) be delivered with packaging, accessories and instructions that the Consumer may reasonably expect to be provided;
4) be of the same quality as the sample or pattern that Company </span > made available to the Consumer before concluding the contract, and correspond to the description of such a sample or such a pattern.
4. Company is not responsible for the non-compliance of the Goods with the contract to the extent referred to in paragraph 2, if the Consumer, at the latest at the time of concluding the contract, has been clearly informed that a specific feature of the Goods deviates from the requirements of compliance with the contract set out in par. 2, and explicitly and separately accepted the lack of a specific feature of the Goods.
5. Company is responsible for the non-conformity of the Goods with the contract resulting from improper installation of the Goods, if:
1) it was carried out by or on its responsibility;
2) improper installation by the Consumer resulted from errors in the instructions provided by the Company or a third party.
6. Company is responsible for the non-conformity of the Goods with the contract existing at the time of their delivery and revealed within two years from that moment, unless the expiry date of the Goods specified by the Company, its legal predecessors or persons acting on their behalf is longer. It is presumed that the lack of conformity of the Goods with the contract, which was revealed before the expiry of two years from the moment of delivery of the Goods, existed at the time of its delivery, unless it is proven otherwise or the presumption cannot be reconciled with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract . The company cannot invoke the expiry of the deadline to determine the non-conformity of the Goods with the contract referred to above, if it has deceitfully concealed this lack.
7. Regarding to Goods with digital elements, the Company shall be liable for the non-compliance of the digital content or digital service provided continuously with the contract, which occurred or became apparent at the time when, according to the contract, they were to be delivered. This period may not be shorter than two years from the moment of delivery of the goods with digital elements. It is presumed that the lack of conformity of the digital content or digital service with the contract will occurł at that time, if he revealed himself at that time.
8. If the Goods is inconsistent with the contract, the Consumer may demand its repair or replacement. The Company may make a replacement when the Consumer requests repair, or the Company may make a repair when the Consumer requests a replacement, if it is impossible to bring the Goods into conformity with the contract in a manner chosen by the Consumer, or would require excessive costs for the Company. If repair and replacement are impossible or would require excessive costs for the Company, it may refuse to bring the Goods into compliance with the contract. When assessing the excess of costs for the Company, all circumstances of the case are taken into account, in particular the significance of the non-compliance of the Goods with the contract, the value of the Goods in accordance with the contract and excessive inconvenience to the Consumer resulting from the change in the way of bringing the Goods into compliance with the contract.
9. Company repairs or replaces it within a reasonable time from the moment was informed by the Consumer about the lack of compliance with the contract, and without undue inconvenience to the Consumer, taking into account the specificity of the Goods and the purpose for which the Consumer purchased them. The costs of repair or replacement, including in particular the costs of postage, transport, labor and materials, shall be borne by the Company. The consumer provides the Company with the Goods subject to repair or replacement. collects the Goods from the Consumer at its own expense. If the Goods were installed before the non-compliance of the Goods with the contract was revealed, the Company disassembles the Goods and reassembles them after repair or replacement, or commissions these activities at its own expense. The consumer is not obliged to pay for the ordinary use of the Goods, which were then replaced.
10. If the Good is inconsistent with the contract, the Consumer may submit a statement of price reduction or withdrawal from the contract when:
1) refused to bring the Goods into compliance with the contract;
2) did not bring the Goods into compliance with the contract;
3) the lack of conformity of the Goods with the contract continues, even though </span >tried to bring the Goods into compliance with the contract;
4) the lack of conformity of the Goods with the contract is significant enough to justify a price reduction or withdrawal from contract without prior use of protection measures in the form of repair or replacement;
5) it is clear from the Company's statement or circumstances that it will not bring the Goods into compliance with the contract in reasonable time or without undue inconvenience to the Consumer.
11. Reduced Price must be in such proportion to the Price resulting from the contract, in which the value of the non-conforming Goods remains to the value of the Goods in accordance with the contract. The company returns to the Consumer the amounts due as a result of exercising the right to reduce the Price immediately, no later than within 14 days from the date of receipt of the Consumer's statement on the price reduction.
12. The consumer does not may withdraw from the contract if the lack of conformity of the Goods with the contract is immaterial. It is presumed that the lack of conformity of the Goods with the contract is significant. If the lack of conformity with the contract concerns only some of the Goods delivered under the contractThe Consumer may withdraw from the contract only in relation to these Goods, as well as in relation to other Goods purchased by the Consumer together with non-conforming Goods, if the Consumer cannot reasonably be expected to agree to keep only the Goods in conformity with the contract. In the event of withdrawal from the contract, the Consumer immediately returns the Goods to at its expense. The Company returns the Price to the Consumer immediately, no later than within 14 days from the date of receipt of the Goods or proof of their return. The Company refunds the Price using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.
13. The consumer can refrain from paying the Price until the Company fulfills its obligations to restore the Goods to compliance with the contract through repair, replacement, price reduction or resulting from withdrawal from the contract. span>
14. Complaint description of non-compliance of the Goods with the contract should contain the data of the Consumer submitting the complaint (name and surname, contact details) and an indication of the reason for the complaint and the content of the request. The consumer may use the complaint description template, which can be found in the "Complaint" tab and can be downloaded and printed. Complaints for non-compliance of the Goods with the contract (i.e. the Goods complained about and description of the complaint on the form or in another written form) The consumer should send to the address ul. Rzeszowska 139, 39-200 Dębica. The consumer may also send a description of the complaint by e-mail to the address bok@jannierdzewny.pl, and send the advertised Goods to the Company to the address ul. Rzeszowska 139, 39-200 Dębica. The Company will respond to the Consumer's complaint within 14 calendar days by sending an e-mail to the Consumer's address provided in the Store or in writing to the Consumer's residence address.
15. The customer can also submit a complaint to the Company in connection with the use of free services provided electronically, e.g. the Account service, Newsletter. The complaint may be submitted in electronic form and sent to the address ul. Rzeszowska 139, 39-200 Dębica. In the complaint, the Customer should include a description of the problem and request. The company shall immediately, but not later than within 14 days, consider the complaint and provides the Customer with an answer, however, if the complaint is submitted by the Consumer and concerns a contract for the supply of digital content or digital service, the Consumer has the rights, and the Company has the obligations resulting from Act on consumer rights, including if the Company has not provided digital content or digital service, the Consumer calls for their delivery, and if the Company does not provide the content digital content or digital service immediately or on an additional, expressly agreed date, the Consumer may withdraw from the contract for the supply of digital content or digital service.
16. Provisions regarding this paragraph 6 also apply to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have professional nature for this person, resulting in particular from the subject of the business activity performed by him, made available on the basis of the provisions on the Central Register and Information on Economic Activity. Whereas in the case of other Clients prfor the sale of Goods, i.e. A Customer who is not a Consumer or a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity, pursuant to art. 558 § 1 k.c. the Company's liability under the warranty for defects of the Goods is excluded.
Guarantee Policy
1. Items for sale by the Company may be covered by a guarantee provided by the manufacturer or distributor.
2. Warranty terms and its duration are given in the warranty card issued by the guarantor.
3. If the document warranty provides for such a possibility, the customer may submit his claims under the warranty directly to the authorized service whose address is included in the warranty document.
4. The consumer can use, at his discretion, the warranty rights directly from the guarantor (manufacturer or distributor) in the indicated services in accordance with the conditions contained in the warranty card or the rights vested in him from the Company due to non-compliance of the Goods with the contract, in accordance with § 6 of the regulations.
Withdrawal from the contract
1. The consumer can withdraw from the contract of sale of Goods purchased in the Store or the contract for the provision of services concluded at a distance within 14 calendar days without give a reason.
2. Due date to withdraw from the contract, for the contract under which the Company issuing the Goods, being obliged to transfer its ownership - from taking over the Goods in possession by the Consumer or a third party indicated by him other than the carrier, and in the case of a contract that: includes many Goods that are delivered separately, in batches or in parts - from taking possession of the last Good, its batch or part, consists in regular delivery of the Good for a fixed period - from taking possession of the first of the Goods; for other contracts - from the date of conclusion of the contract.
3. Consumer, who wants to exercise the right to withdraw from the contract,should inform the Company of his decision by an unequivocal statement (e.g. send a letter by e-mail, post) before the deadline to withdraw from the contract specified in section 1.
4. The consumer can fill in the model withdrawal from the contract available on-line in the "Withdrawal from the contract" tab or download and print it and send by mail or use the model withdrawal form, which is < /a>Annex 2 to the Act of 30 May 2014 on consumer rights.
5. Immediately after Upon receipt of the statement of withdrawal from the contract, the Customer Service Office will send the Consumer to the e-mail address provided in the "Your Account" tab or the e-mail address provided when placing the order, if the Customer does not have a Customer Account confirmation of receipt of the declaration of withdrawal from the contract.
6. Direct costs return of the Goods as a result of withdrawal from the contract shall be borne by the Consumer. If, due to its nature, the Goods cannot be returned in the usual way, the Company informs the Consumer about the costs of returning the Goods.
7. Consumer is obliged to return the Goods to the Company immediately, no later than 14 days from the date of withdrawal from the contract. To meet the deadline, it is enough to send the Goods back to the Company's address before the expiry of this deadline.
8. Consumer is liable for the decrease in the value of the Goods as a result of using them in a way that goes beyond what is necessary to establish the nature, features and functioning of the Goods.
9. The company will refund to the Consumer the amount paid by the Consumer in accordance with the provisions of § 9 of the regulations. If the Consumer exercising the right of withdrawal has chosen a method of delivering the Goods other than the cheapest usual delivery method offered by the Company, the Company is not obliged to reimburse the Consumer for the additional costs incurred by him.
10. Right to withdrawal is not entitled to the Consumer in relation to the contract for the provision of services, </span > for which the Consumer is obliged to pay the price, if the Company has fully performed the service with the express and prior consent of the Consumer, who was informed before commencement of the service that after the performance of the service by the Company, will lose the right to withdraw from the contract, and acknowledged this.
11. If Consumer exercises the right to withdraw from the contract after submitting a request (performance of the service, for which the Consumer was obliged to pay the Price, which has be started before the deadline to withdraw from the contract concluded nand the distance, the Company requires the Consumer to submit a statement containing such an explicit request that he/she has acknowledged the information about the loss of the right to withdraw from the contract upon its full performance by the Company), then the Consumer is obliged to pay for the performance fulfilled until withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the Price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
12. The right to withdraw is not available to the Consumer in relation to the sales contract in which the subject of the service is a non-prefabricated Good, manufactured according to specification Consumer or serving to meet his individual needs.
13. The Consumer is not entitled to the right of withdrawal in relation to a sales contract in which the subject of the service is the Good delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.
14. Right to The Consumer is not entitled to withdraw from the contract of sale in which the subject of the service are Goods, which after delivery, due to their nature, are inseparably connected with other Goods.
15. Terms < a name="WKP_AL_5519">§ 8 of the Regulations, referring to Consumers, also applies to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have the character of professional, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
Refund
1. The company will refund immediately, but not later than within 14 calendar days in the case of:
a) return of the Goods from the order as a result of the Consumer's exercise of the right to withdraw from the contract - the Company may withhold the return of payments received from the Consumer until upon receipt of the Goods back or delivery by the Consumer of proof of its return, depending on which event occurs first;
b) recognition of the complaint by the Company regarding the Consumer's request to reduce the Price of the Goods - from receipt of theto the Consumer to reduce the Price;
c) recognition of the complaint by the Company in the event of withdrawal from the contract by the Consumer from the contract for the sale of the Goods - from the date of receipt by the Company of the Goods or proof of its return;
d) withdrawal from the contract by the Company in situations specified in the regulations and by law.
2. The company will return the money to the Customer's bank account (including those associated with the Customer's payment card), with the use of which the payment to the Company was made, or another, provided by the Customer, at his/her choice, which does not involve for him at no cost.
Personal and privacy
1. Data Controller The Client's personal data is Jan Nierdzewny Panyło spółka komandytowa with its registered office in Dębica ul. Rzeszowska 139, 39-200 Dębica, phone no. 575 141 845, e-mail bok@jannierdzewny.pl. Data of the personal data protection officer: Jan Nierdzewny, e-mail address bok@jannierdzewny.pl.
2. The company processes personal data provided by the Customer, among others, for the purpose of registering an account in the Store and providing electronic services, concluding and performing contracts for the sale of Goods with the Customer, fulfilling legal obligations under the law, accepting and considering complaints, investigating and defending against claims, conducting direct marketing , conducting correspondence with the Customer in order, for example, to answer the questions asked.
3. Client has the right to obtain information on the processing of his personal data, access and rectification of incorrect or incomplete personal data; requests to limit data processing; object to the processing of personal data as part of the legitimate interest of the Company; request deletion of personal data in cases provided for by law; withdrawal of consent to the processing of personal data. In order to exercise their rights, the Customer may contact the Customer Service Office or make changes after logging into the Customer's account ("Your Account" tab).
4. For statistical and improving the quality of the functioning of the Store's website, the Company uses information saved by the server on the Customer's end device, which is then read each time the web browser is connected (so-called cookies).</ p>
5. Details regarding processingpersonal data, protection of the Customer's personal data and cookie files can be found on the Store's website in the "Privacy Policy" tab.
Provision of services by other than sales contracts
1. The customer can voluntarily agree to receive commercial information by electronic means in the form of a newsletter ("newsletter") by selecting the "I agree to receive the newsletter" option in the registration form or after registration, in the "Your Account", "Newsletter" tab.
2. For consent referred to in para. 1, the Customer receives, free of charge, to the e-mail address provided by him/her information with the newsletter subscription activation link.
3. The customer can unsubscribe from the newsletter at any time in the "Your Account", "Newsletter" tab or via the Customer Service Office.
4. The customer can use the free of charge contact form service posted on the Online Store website, which consists in sending messages to the Company using the form. Resignation from this service is possible at any time by stopping sending messages to the Company.
5. The customer can use the Customer Account maintenance service free of charge, available after Registration, in accordance with the procedure described in the Regulations consisting in providing the Customer with a dedicated panel within the Online Store website, enabling modification of previously provided data, tracking order execution and history of already completed orders. The customer who has registered may submit a request to delete his/her Account at any time.
6. Provision above The provision of the above-mentioned services electronically by the Company to the Customer is free of charge.
7. Forbidden providing unlawful content by the Customer and the Customer's use of the Online Store, the store's website, the Account, other services provided by the Company electronically - in a manner contrary to the law, the interests of the Company, decency or infringing personal rights third parties, including by advertising other entrepreneurial activities or goods, posting content not related to the Company's activities, posting false or misleading content. </ p>
8. Company is authorized to blockof the Customer to the Account and other free services in the event that if the Customer violates the prohibition of sec. 7. The Company informs the Customer about blocking access to the Account and/or free services electronically to the address provided by the Customer in the registration form or in any other possible way.
9. Providing company is not obliged to check the data provided by the Customer and placed in the Customer Account, on the Store's website. The Company is not responsible for the stored data as making available the resources of the ICT system for the purpose of storing data by the Client if does not know about the unlawful nature of the data or related activities, and in the event of receiving an official notification or obtaining reliable information about the unlawful nature of the data or related activities, if immediately prevents access to these data. In the event that the Customer or another entity considers that the content published on the Store's website violates their rights, personal rights, decency, principles of fair competition, a secret protected by law, intellectual or industrial property law, they should notify including the Company, and the Company will then take immediate action to remove the identified violations.
10. Client may terminate the contract for the provision of electronic services (does not apply to the sales contract) at any time and without giving reasons. The company may terminate the contract for the provision of electronic services only for important reasons, i.e. ceasing to provide such services, ceasing to conduct business activity, contrary to the law or the regulations of the Customer's behavior. Each time the termination of the contract for the provision of electronic services does not affect the rights acquired by the other party before the termination of such a contract. The Customer who has completed the Registration or the Company terminates the contract for the provision of electronic services by sending an appropriate statement to the other party to the e-mail address of the other party.
Final provisions
1. For cases not regulated in the regulations, the provisions of the Polish generally applicable law shall apply, and in particular the Act of April 23, 1964. – Civil Code, Acts of May 30, 2014. on consumer rights, The Act of July 18, 2002. on the provision of electronic services.
2. Potential disputes between the Client and the Company will be resolved by the competent court in accordance with the Act of November 17, 1964 - Code of Civil Procedure.
3. The consumer can use out-of-court means of dealing with complaints and pursuing claims, in particular:
1) < !--[endif]-->request for the initiation of proceedings for out-of-court resolution of consumer disputes (the applicant may request that the parties' positions be approximated in order for the parties to resolve the dispute or presenting the parties with a proposal to resolve the dispute) to the voivodship inspector competent for the place of business activity by the entrepreneur, pursuant to Art. 36 of the Act of December 15, 2000. about the Trade Inspection;
2) apply for settlement of a dispute over property rights arising from the contract to the permanent consumer arbitration court at the voivodship inspector of the Trade Inspection referred to in art. 37 of the Act of December 15, 2000. about the Trade Inspection.
4. About on the rules and procedures of these proceedings are available at the headquarters and on the websites of the Voivodeship Inspectorates of the Trade Inspection.
5. The consumer can obtain free assistance from the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (e.g. Consumer Federation, Association of Polish Consumers).
6. The consumer can request the resolution of a consumer dispute electronically using the EU Internet platform (online dispute resolution, ODR platform) available at: http://ec.europa.eu/consumers/odr/.</span >
7. Terms change may occur for important reasons, which include:
1) the need to adapt the provisions of the regulations to the provisions of law having a direct impact on the provision of services and sales by the Store;
2) change of technical conditions for the provision of electronic services by the Store;
3) introducing new services, expanding or changing the functionality of the Store;
4) change of conditions or the process of concluding a sales contract by the Store;
5) improving customer service and preventing fraud;
6) change of Store data, in particular names, identification numbers, electronic addresses ornks and data included in the regulations;
7) the need to remove errors, typographical errors or ambiguities from the content of the regulations.
8. Changed terms is made available on the Store's website in the "Regulations" tab and is available in an electronic version and for free download in PDF format.
9. About the change of the regulations, the Company will inform via a message on the Store's website and by sending notifications to customers to the e-mail address provided in their accounts (together with the attached regulations in PDF format).
10. Entry date the entry into force of the amended regulations is at least seven days from the date of sending the notification about the change to the regulations to the Customer.
11. Change of Terms and Conditions does not affect orders placed before the change in the regulations.
12. Date of entry into force of the of the Regulations ……….2023.
1) Information on how to exercise the right to withdraw from a distance contract,
2) Template withdrawal form.
Information on how to exercise the right of withdrawal
from distance contract
You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the day: on which you came into possession of the goods or on which a third party other than the carrier and indicated by you came into possession of the goods, and in the case of a contract obliging to transfer the ownership of goods delivered in batches or in batches parts from the date on which you came into possession of the last lot or part or on which a third party other than the carrier and indicated by you came into possession of the last lot or part, and in the case of a contract for the provision of services from the date of conclusion of the contract.
To exercise the right to withdraw from the contract, you must inform us - Jan Nierdzewny Panyło spółka komandytowa ul. Rzeszowska 139, 39-200 Dębica, phone no. 575 141 845, e-mail address bok@jannierdzewny.pl about your decision to withdraw from this contract by an unequivocal statement, for example by a letter sent by post or post electronic. You can also use the model withdrawal form, but it is not obligatorywe, for this purpose, you must complete and send the contract withdrawal form or any other unequivocal statement electronically on our website sklep.jannierdzewny.pl. If you use this option, we will immediately send you a confirmation of receipt of information about withdrawal from the contract on a durable medium, for example, by e-mail. In order to meet the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
The right to withdraw from a distance contract is vested in Consumers and natural persons concluding a contract directly related to their business activity, when the content of this contract shows that it is not of a professional nature for that person, resulting from in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
Consequences of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery of the goods (except for additional costs resulting from the method of delivery chosen by you other than the cheapest usual method of delivery offered by us), immediately, and in any case not later than 14 days from the day on which we were informed about your decision to exercise the right to withdraw from this contract. We may withhold the reimbursement until receipt of the goods or until you provide us with proof that you have sent it back, whichever occurs first. We will refund the payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund.
Please send back or hand over the goods to us to the Company's address: Jan Nierdzewny Panyło spółka komandytowa ul. Rzeszowska 139, 39-200 Dębica that they promptly, and in any case no later than 14 days from the day on which you informed us about your withdrawal from this contract. The deadline is met if you send back the goods before the expiry of the 14-day period. You will have to bear the direct cost of returning the goods. If the goods, due to their nature, cannot be returned by regular mail, you will have to bear the direct costs of returning the goods. The amount of these costs is estimated at a maximum of approximately PLN 25. You are responsible for reducing the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
( ATTENTION!!! this form should be completed and returned only if you wish to withdraw from contracts)
John Stainless </ p>
Panyło limited partnership < /p>
Street. Rzeszowska 139
39-200 Dębica
Phone number………….
Email address………….</ p>
– I/We(*) hereby give notice to (*) of my / our withdrawal from the contract for the sale of the following goods(*) the contract for the supply of the following goods(*) the contract for a specific task consisting in performing us(*)/for the provision of the following service(*)
– Contract date(*)/collection(*)
– Name of consumer(s)
– Consumer(s) address
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*)</ sup> Delete as appropriate.