ONLINE SHOP REGULATIONS
Whenever this Regulation refers to:
Seller – it shall be understood as Jarosław Majtczak running the company under the name of P.P.H.U."BEROTEX" JAROSŁAW MAJTCZAK headquartered in Łódź (93-613), ul. Kolumny 221, entered into the Business Activity Central Register and Information Record System, chaired by the Minister for Development, having the VATIN: 7291832386 and TIN: 471424703, who uses the e-mail address: firstname.lastname@example.org and the phone number: 42 640 95 07 for the Buyers enquiries;
Shop – it shall mean the online store run by the Seller at test.berotex.pl;
Commodity – it shall be understood as an assortment of the Shop in the form of all kinds of polyester fabrics, slide fasteners, risers, polypropylene fibers as well as supplements for leathercrafts, sewing materials and stiffeners;
Buyer – it shall be understood as a natural person, corporate person and an organizational unit that is provided with a juridical personality by the civil code;
Consumer – it shall be understood as the Buyer who is a natural person making the legal action non-directly related to its business or professional activity.
The Statute defines the rules under which the Seller, via the Shop, sells the Commodities to the Buyers.
The information provided on the Shop’s website does not constitute an offer within the meaning of the civil code regulations. They do provide an invitation to make offers by the Buyers.
The Shop conducts its sales on the territory of the Republic of Poland, in the countries of the European Economic Area [EEA] and any other countries around the world.
The placement and receipt of orders § 3
The Buyer places an order by:
a) choosing one or several items of the Commodities offered in the Shop and
b) properly completing an electronic order form (at each stage of the ordering process), which template is available on the Shop’s website while accepting the Statute by selecting the appropriate field (an option without registration), or
c) properly completing an electronic order form (at each stage of the ordering process) which template is available on the Shop’s website, after logging in to the individual user account (an option after registration) and
d) the confirmation of the final scope of the order by selecting one of the available methods of payment and clicking on the field marked with a sign – “Confirm purchase”, which will send the order form electronically to the Seller, directly or by a prior redirection of the Buyer to the payment transaction system.
The selection of the type and amount of the Commodity occurs when placing the Commodity by the Buyer in a virtual shopping cart using the “Cart” or “Add to Cart”. The virtual shopping cart is a tool that allows the Buyers to aggregate the selected Commodities before the final purchase obligation to make a payment, the conversion of the value of the Commodities and then determining the method and cost of delivery. When selecting the Commodities the Buyer may freely manage the content of a virtual shopping cart by adding or removing individual items.
The order will be considered properly made, if at various stages of the ordering process, all the necessary data that allow correct identification of the Buyer will be included, such as the choice of delivery address, the indication of the VAT invoice (optional) and the choice of the method of delivery (transportation) and the choice of the method of payment.
Upon the receipt of the purchase, the Seller shall verify for accuracy and compliance with the Statue; in case of any irregularities the Seller will inform the Buyer.
As a result of the properly made order and the receipt of the payment (not applicable to the payment methods specified in § 7.1, item. a) and d)) the Seller shall immediately forward to the Buyer to a specified electronic address (e-mail) information about the acceptance of the order (acceptance of the offer) to realization. With the sending of the information referred to in the preceding sentence, a sales contract is concluded between the Seller and the Buyer.
The Buyer as a natural person is entitled to place orders in the Shop provided that he has a full legal capacity.
The Buyer that is not a natural person is entitled to place orders in the Shop exclusively through persons authorized to represent (according to the regulations about the status of the Buyer or the relevant provisions of the law) or other persons authorized to act on his behalf (on the basis of the relevant authority).
The Seller reserves the right to verify the circumstances referred to in paragraph. 6 and 7 above, by requiring the proof of the selected data from the Buyer.
The Buyer – as a result of a prior registration – can create an individual user account in the Shop, which will include the collection of data identifying the Buyer, the Buyer’s history of all orders and other information about its activity in the Shop. Registration is through completing the registration form with the necessary data and defining the Buyer login (e.g. In the form of an e-mail address) and the password to access the individual user account. Activation of the individual user account follows immediately after the completion of the registration process.
In terms of the data referred to in paragraph. 3 and 9, the Buyer is obliged to provide true, current and complete information and should follow the specific instructions provided by the Seller.
The Buyer shall be liable for untrue, outdated, the illegality of data (content) indicated by him in the electronic order form or individual user account. When data changes, the Buyer shall update the information in the individual user account before placing his next order.
When data changes after placing the order (especially the data of the buyer and delivery address), but prior to its realization (delivery), the Buyer shall immediately notify the Seller about the circumstances through communication tools assuring the fastest contact. The risk of negative consequences of the lack of any notification, referred to in the preceding sentences, rests on the Buyer. The risk referred to in the preceding sentence does not apply to Customers.
In case of inability to perform the contract within the time specified in the Statue due to lack of the ordered Commodity or not enough amount of the ordered Commodity, the Seller, by phone or by e-mail, immediately notifies the Buyer about this fact, not later than 14 days from the date of the confirmation of the received order, while proposing another term of the contract, if it will be feasible. The Buyer is entitled not to accept a new term of the contract. In the case of the occurrence of some circumstances, referred to in the preceding sentences and the lack of feasibility to conduct the obligation by the Seller of the reasons stated above, the Seller will reimburse the Buyer for all the amount of money payed by him.
Realization of Orders
Realization of orders involving the completion and preparation of the Commodities to be supplied (transportation) will take place within 3 (three) business days from the date of the transfer of the order confirmation to the Buyer by the Seller.
The time of realization of the order, referred to in paragraph. 1, does not include the day on which the Seller has sent the confirmation of the order to the Buyer, Saturdays and any public holidays.
The Seller is obliged to inform the Buyer of any reason to extend or change the time of the realization of the order and specify a new deadline for its implementation.
The details of the Commodity (in particular, the sort of thing, the determination of its manufacturer or the importer, the safety mark and the conformity mark required by separate regulations, the information on the marketing authorization in the Republic of Poland and, according to the sort of things, the determination of its energy intensity, and other data indicated in separate regulations) and the rules for the implementation of certain Commodities are included in the descriptions on the Store by the particular Commodity.
Commodity delivery rules
The Seller delivers the ordered Commodities in the manner indicated (selected) by the Buyer in the electronic order form.
The delivery (transportation) of the Commodity takes place at the address indicated by the Buyer in the electronic order form (option without registration) or at the address defined in the individual user account (option after registration).
The total time of the reception of the Commodity by the Buyer consists of the order realization time by the Seller and the actual delivery time (transportation) of the Commodity to the Buyer.
In the event that the Buyer stated in the electronic order form the “Courier” field, the delivery (transportation) of the ordered Commodity will be conducted by a carrier providing professional courier service, the delivery time will be in that case, 2 (two) business days starting from the day when the selected Commodities were handled by the Seller to the provider of the courier services (in the Republic of Poland) and within 14 (fourteen) business days from the date of the handing of the Commodities over to the providers of the courier services (in the countries of the European Economic Area [EEA] and Switzerland).
If the Buyer is domiciled outside of the Republic of Poland, the Seller after the confirmation of the order is obliged to inform the Buyer of the additional fees due for delivery (transportation) of the ordered Commodities and sends him a pro forma invoice, based on which the Buyer is obliged to conduct a payment of the selling price of the Commodities and delivery costs (transportation).
Specified in Paragraph 4, above, the delivery times (the time of the transportation) are maximum. The Seller shall be liable to Buyer for the failure or delay in the delivery of the ordered Commodities, even if the delay occurred due to the reasons attributable to the carrier providing courier services.
Subject to paragraph. 5, above, the Commodity covered by the contract is delivered to the Buyer by the Seller both with the proof of a contract of sale, it is a fiscal receipt or the VAT invoice if the Buyer has requested its issue at the time of placing the order and has given all the necessary data to do so.
The Seller warrants to the Buyer the possibility of a personal collection of the ordered Commodities. The place of personal collection of the Commodities is the city of Łódź (93-613), ul. Kolumny 221.
The place of the shipment of the Commodities is the city of Łódź (93-613), ul. Kolumny 221.
Prices and fees due to the delivery of ordered Commodities
Payment for the purchased Commodities in the Shop are made through payment instruments (transaction system) available in the Shop on the terms specified by the Seller.
The Seller states that the applicable Buyer’s selling price of a particular Commodity is the price provided in the Shop at the time of placing the order by the Buyer. The price is shown next to the information about the Commodity. The price is expressed in the Polish currency, the monetary unit – the Zloty (PLN).
The selling prices of particular Commodities for the Buyers who are the Consumers are gross prices, which include value-added tax (VAT), at the rate applicable at the time of order.
The selling prices of particular Commodities for the Buyers, non-Consumers, after logging in to their individual user account will be seen and separated into the gross and net prices in relation to a particular Commodity. In the event of not logging into the individual user account by the Buyer, referred to in the preceding sentence, the content of paragraph. 3 above is applied accordingly.
The selling price of a particular Commodity does not include the cost of its delivery (transportation). The cost of the delivery (transportation) of the Commodity depends on the method of delivery chosen by the Buyer and is visible in the electronic order form at the moment of selecting the delivery method and at the final stage of the ordering process (summary of payments) under the heading “Shipment”.
The total cost of the transaction involving the selling price of the Commodities and the cost of delivery (transportation) of the Commodity is indicated in a separate column “Total” in the electronic order form at the final stage of the ordering process (summary of the payment).
The cost of delivery (transportation) of the Commodity bears the Buyer. The amount of the cost of delivery (transportation) of the Commodity is calculated individually for each order and is determined by the total weight, the dimensions of the Commodity and the place of the delivery of the order. The amount of the cost of delivery (transportation) of the Commodity is not dependent on the value of the order.
Subject to paragraph. 5 above, the cost of delivery (transportation) of the Commodity outside the territory of the Republic of Poland is respectively higher than in the case of a domestic delivery (transportation) and results from additional rates adopted in the price list of the carrier providing professional courier services.
Personal collection is free. If you chose the payment method specified in § 7.1 point a) the Buyer upon receipt of the Commodity shall pay the whole price of the Commodity in cash.
The Seller reserves the right to change the selling and delivery prices, especially in the case of changes in selling prices by the producers or distributors of the Commodities and pricing of services provided by the carriers handling the delivery services (transportation), this does not apply to sales contracts concluded before the date of the revision.
The methods of payment for the prices of the Commodities and fees of the ordered Commodities delivery
The Shop uses the following methods of payment:
a) payment for collection – the Buyer pays receiving the ordered Commodity only in cash;
b) payment via internet banking – transaction settlement by credit card, debit card, on-line bank transfer are carried out through the Przelewy24.pl platform or PayPal;
c) payment by bank transfer or depositing – the Buyer makes a transfer or payment to the destined bank account of the Seller, indicating its identification data (name, surname, the company) and an individual order code received in the confirmation of placing the order in the realization;
d) payment on delivery – the Buyer recollecting the Commodity pays the courier the total cost of the transaction involving the selling price of the Commodities and the cost of its delivery; when choosing this method of payment the Buyer upon delivery of the Commodities pledges to have the exact calculated amount of money in cash;
e) prepayment – the pro forma invoice both with the Seller’s bank account number is sent to the Buyer’s specified e-mail address; the order is carried out after the payment and entering the payment in the books within the Seller’s bank account.
The place and manner of filling complaints. Warranty.
In respect of Buyers, non-Consumers, the Seller declaims his responsibility of the warranty for physical and legal defects of the Commodities sold in the Shop.
Notwithstanding the rights of the Consumer in this regard, referred to in § 9. 11 and 12, the Buyer makes complaints within 14 (fourteen) business days starting from the day on which the delivery of the Commodities should have been conducted or was about to be conducted or in the case of the occurrence of other events associated with the operations of the Seller or the Buyer’s use of the Shop.
Claims must be made by letter with an annotation “complaint” (it is recommended to send a complaint with acknowledgement of receipt) to the following address: P.P.H.U. “BEROTEX” JAROSŁAW MAJTCZAK, ul. Kolumny 221, 93-613 Łódź or by electronic form via the contact form available under the headline “Contact” in the Shop.
The complaint should indicate the identity of the Buyer, including a correspondence address or mailing address, the order number and precisely stating the reasons for its submission mentioning the facts justifying the complaint, the scope of activities, the performance which the Buyer expects from the Seller and the Seller bank account number, on which, in case of accepting the complaint, a precise amount of money will be reimbursed to the Buyer by the Seller. Depending on the cause of the claim, for consideration of the Seller, the Buyer shall immediately send the Commodities to the Seller, which should be of adequate protection and placed without any changes, except that this change was urged by checking the quality, completeness and functioning of the Commodities.
The Seller shall consider complaints made only in the form indicated in paragraph. 3 above, within 14 (fourteen) business days from the date of its receipt by the Seller or from the date of the receipt of the Commodities by the Seller, depending on the cause of the claim. The Seller shall inform the Buyer about the outcome of the complaint by post to his correspondence address or electronically via e-mail to his e-mail address.
If the Commodities were purchased from the Seller, the warranty of the manufacturer, importer or Seller is included, the range of which is confirmed by the guarantee document released to the Buyer along with his Commodities. They Buyer may, independently of other entitlements due to him, notify the issuer of the guarantee document, during the warranty period, with the complaint regarding the defects in the purchased Commodity.
Unless otherwise stipulated in these Regulations, the following provisions shall apply only to the Buyers who are Consumers. As to the lack, in this paragraph, of the agreement concluded between the Seller and the Consumer, the provisions of the Act of May 30, 2014 on consumer rights will be applied (D. A. of 2014 pos. 827), hereinafter referred to as the Act.
Subject to paragraph. 10 The Consumer is entitled to resign from the contract without giving any reason within 14 (fourteen) days. The period of withdrawal begins:
a) for contracts, through which the Seller issues the Commodity, being obliged to transfer his ownership – of taking the possession of the Commodity by the Consumer or the third person designated by him other than the carrier, and in the case of the contract which:
includes a number of Commodities, which are delivered separately, in lots or in parts – of taking the possession of the last of the Commodity, a lot or a part,
consists of a regular supply of Commodities within the specified period of time – from the date of taking into possession the first of the Commodity;
b) for other contracts – from the date of closing a contract.
The Consumer may resign from the contract by submitting a statement of withdrawal from the contract to the Seller. The statement may be on the form, which is attached as appendix 1 to the Regulations, sending him after fulfilling to the e-mail address: email@example.com or the correspondence address P.P.H.U."BEROTEX" JAROSŁAW MAJTCZAK, ul. Kolumny 221, 93-613 Łódź. In order to meet the deadline of the withdrawal from the contract, it is enough to send a statement before its expiry.
The Seller is obliged to immediately send to the Consumer, on a durable media (in the form of an e-mail) to his specified e-mail address, the confirmation of the receipt of the notice of the withdrawal from the contract submitted by the Buyer in the same way (in the form of an e-mail).
In case of an effective withdrawal from the Commodity sales agreement, the Commodity sales agreement shall be considered as void.
The Seller shall immediately, not later than 14 (fourteen) days from the date of the receipt of the declaration of the Consumer’s withdrawal from the contract, return to the Consumer all his payments, including the costs of the delivery of the Commodity, subject to paragraph, 8 below. The Seller shall refund the payment by using the same method of payment, which was used by the Consumer, unless the Consumer has clearly agreed to a different way of the refund, which does not involve any costs for him.
If the Seller did not suggest that he will himself reclaim the thing from the Consumer, the Seller may withhold the reimbursement payment received from the Consumer by the time of the receipt of the Commodities or by submitting the confirmation of the shipment of the Commodity, depending on which event occurs first.
If the Consumer has chosen the way of delivering the Commodities otherwise than the cheapest normal delivery offered by the Seller, the Seller is not obliged to return to the Consumer the additional delivery (transportation) cost of his.
The Consumer is required to return the Commodity to the Seller or handle it to the person authorized by the Seller to receive immediately, but not later than 14 (fourteen) days from the day on which he withdrew from the contract. To meet the deadline it is enough to return the Commodity before its expiry. The consumer shall only bear the direct cost of returning the Commodity.
The Consumer is liable for any diminished value of the Commodities as a result of its use reaching beyond what is necessary to establish the nature, characteristics and functioning of the Commodities. The returned Commodity must be adequately protected.
The right of the withdrawal from the contract is not entitled to the Consumer in respect of contracts referred to in Article. 38 of the Act, and in particular to contracts:
a) Provision of Services, if the Seller made a full service with the clear consent of the Consumer, who has been informed before the provision that after completing the provision of the Seller, he will lose the right to withdraw from the contract;
b) in which the price and remuneration depends on fluctuations in financial market, over which the Seller has no control, and which may occur before the deadline of the withdrawal from the contract;
c) in which the subject of the provision is a non-prefabricated Commodity, produced according to the Consumer’s specifications or used to satisfy his personalized needs;
d) in which the subject of the provision is a Commodity of rapid decay or having a short shelf-life;
e) in which the subject of the provision is a thing delivered in a sealed package, which after the opening of the package cannot be returned due to health protection or hygiene reasons, if the package was opened after the delivery;
f) in which the subject of the provision are things that after delivery, due to their nature, are inextricably combined with other things;
g) supply of digital content which is not stored on a tangible media, if the performance of the provision has begun with the express consent of the Consumer before the deadline of the withdrawal from the contract and after having informed him by the Seller about the loss of the right of withdrawal.
If the Commodity has physical or legal defects, the Consumer has the right to make a complaint within 2 (two) years from the date of the issue of the Commodity.
The notification of the complaint should include a description and a document confirming the purchase of the faulty Commodity in the Shop (copy of the invoice, receipt, confirmation of the payment a bank account etc.). The complaint can be made by letter with the note “complaint” (it is recommended to send the complaint with acknowledgement of receipt) to the following address: P.P.H.U."BEROTEX" JAROSŁAW MAJTCZAK, ul. Kolumny 221, 93-613 Łódź or electronically via the contract form available under the headline “Contact” in the Shop.
The Seller within 14 (fourteen) calendar days will address the Consumer’s complaints and will notify him about how to proceed.
In case of acknowledging the complaint, the Seller shall replace the faulty Commodity with a full value one or if the exchange will not be possible to reimburse the costs of the faulty Commodity, including the costs of returning the Commodity within 14 days from the date of processing the complaint.
After accepting the complaint, the Seller sends the full value Commodity at its own expense to the address provided by the Consumer.
The Consumer has the opportunity to benefit from the extralegal mode of dispute resolution and the processing of the complaint and handling the claims under the Permanent Consumer Arbitration Court at the Regional Inspector of Trade Inspection in Łódź (entity acting within the framework of so-called ADR system – Alternative Dispute Resolution). Information on how to access the above mentioned mode and dispute settlement procedures against the above mentioned organization, is to be found under the following address: www.uokik.gov.pl, in the section Settlement of Consumer Disputes.
The Consumer has also the opportunity to submit an electronic and free request for an out-of-court settlement of a dispute relating to a contractual obligation resulting from an online sales agreement or an service provision agreement concluded between a consumer living in the European Union and a company headquartered in the European Union through the electronical complaint form made available on the website platform maintained by the European Commission (the so-called ODR Platform – Online Dispute Resolution). The ODR Platform is a tool for communication and exchange of the correspondence between the parties and the subject entitled to determine the dispute (ADR entity), a source of general information on the extralegal settlement of disputes between consumers and traders, as well as a database of existing European Union ADR entities, their competences and their principles of operation. Access to the ADR Platform and above mentioned information can be found under the following address: http://ec.europa.eu/consumers/odr/.
The administrator of personal data provided by the Buyers, who are natural persons is the Seller, i.e. Jarosław Majtczak, conducting business under the name P.P.H.U."BEROTEX" JAROSŁAW MAJTCZAK, headquartered in Łódź (93-613), ul. Kolumny 221, entered into the Business Activity Central Register and Information Record System, chaired by the Minister for Development, having the VATIN: 7291832386 and TIN: 471424703.
As part of maintaining the Shop, the Seller processes the personal data necessary for the fulfillment of the agreement, when the Buyer whose data is concerned, is the party of it or when it is necessary to take actions before the conclusion of the contract at the request of the Buyer, whose data is concerned. The Buyer placing the order in the Shop and accepting the regulations therefore accepts his personal data to be placed in the Store’s collection of personal data and processed only within the above stated reasons.
The Buyer is responsible for providing the false personal data.
As part of running the Store, the Seller processes the personal data of the Buyer also in a situation when it is necessary to fulfill the legitimate objectives pursued by the Administrator of the data receipt or the data recipients, and the processing does not violate the rights and the freedoms of the Buyer, whose data is concerned. According to the Law of Personal Data Protection dated August 29, 1997 for the legitimate objective, referred to in the preceding sentence, we shall also include the direct marketing of its own products and services or the services of the data Administrator. The Buyer when placing the order in the Shop consents to the processing of data in the range referred to in this paragraph, and the consent provided in that manner is clear, conscious and voluntary.
In terms of the consent to processing of the personal data necessary to fulfill the legitimate objectives pursued by the recipients of the data, which do not violate the rights and freedoms of the Buyer referred to in paragraph. 2 above, shall be provided in the transfer of the personal data to the third parties that on the behalf of the Seller (Data Administrator) deal with carrying out activities on the transactional support process (i.e. Electronic payments), concluding the contracts and completing the services on the delivery (transportation) of the ordered Commodities.
The Buyer has the right to control the processing of the personal data pursuant to the Act on the Protection of Personal Data dated to August 29, 1997, in particular to issue a request demand to hand over the data marked with information and requesting to supplement, update, correct personal data, temporal or permanent suspension of their processing or their removal if they are incomplete, outdated, untrue or have been collected in the violation of the law or are no longer needed in order to complete the objective for which they were collected.
The Seller reserves the right to establish temporal interruptions in the access to the Shop or its individual functions caused by the technical service of the Shop, maintenance work and the work related to the improvement of the usability of the Shop. At the same time the Seller will make every effort so that the temporal interruptions, referred to in the preceding sentence, were held at night, last as short as possible and did not affect the range of the ongoing order of the Buyers.
The Seller provides the Buyer who is using the Shop, the proper operation of the system in the following browsers: IE version 7 or newer, Firefox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH, on the screen’s horizontal resolution of over 1024 pixels. Using third-party software affecting the operation and functioning of the browser: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the Shop, so in order to get the full functionality of the Shop, they should be switched all off. Amendments to the Regulation enter into force upon the publication of the new Regulations on the Seller’s website or in the Shop. Amendments to the Regulations does not apply to the agreements concluded before the entry into force of the new Regulations. After changing the Regulations, the Buyer holding an individual user account will be asked to approve the content of the new Regulation, by sending a message with the file with the new Regulation on the e-mail address indicated by him or by sending a link that will redirect him to the website containing the new Regulation. Lack of acceptance of the new Regulation, in the manner referred to in the preceding sentence, will result in the termination of an individual user account within one month from the date on which the above mentioned was introduced by the Seller to the informatic system and sent to the Buyer.
The Seller reserves the right to change the terms and conditions of the Regulation out of important reasons, in particular resulting from introducing some changes in the offer of the Shop and in the way of implementing the obligations arising from the agreements concluded with the Shop, changes in the business profile of the Seller or the changes in law.
Any disputes arising from contracts concluded on the basis of this Regulation between the Seller and the Buyer non Consumer will be settled by the courts of law appropriate for the headquarter of the Seller.
The Regulation is made available on the Shop’s website in a manner that allows its acquisition, preservation and restoration by the Buyer. The Regulations in the form of a PDF is available here.
It is believed that the Buyer placing the order, has made himself familiar with the content of these Regulations and that he accepts its content without any reservations.
The Regulations come into force on 01.03.2016.
declaration of withdrawal from the contract
Name and Surname of consumer (s):
Address of consumer (s):
Date of agreement/receipt (*):
P.P.H.U."BEROTEX" JAROSŁAW MAJTCZAK
ul. Kolumny 221, 93-613 Łódź
DECLARATION OF WITHDRAWAL FROM THE CONTRACT
I/We (*) ……………… ……………… hereby announce my/our (*) withdrawal from the selling contract of the following things/supply agreement of the following things/agreement of the provision of the following services (*):
................................................................................................................................................................................... ................................................................................................................................................................................... .........................................................................................................................................................................
Bank account number to funds returns**:
Signature of consumer (s)*
* Cross off if not applicable
** Unless a different bank account from which the payment was made.