Statute
REGULATIONS OF THE ONLINE STORE
UBIERZSIE.COM
CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- COMPLAINT HANDLING PROCEDURE
- OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT TO WITHDRAW FROM THE CONTRACT
- PROVISIONS APPLICABLE TO ENTREPRENEURS
- PRODUCT OPINIONS
- FINAL PROVISIONS
- SAMPLE WITHDRAWAL FORM
These Online Store Regulations were prepared by the lawyers of Prokonsumencki.pl . The online store www.ubierzsie.com cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.ubierzsie.com is run by KRZYSZTOF RUTKOWSKI running a business under the name KRZYSZTOF RUTKOWSKI "TRADE - IN" entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address place of business: ul. Dąbrowskiego 107, 60-574 Poznań; and delivery address : ul. Herbowa 1, 62-069 Dąbrówka, NIP 7811751057, REGON 300461170, e-mail address: sklep@ubierzsie.com, telephone number: +48795003277.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and the Seller's statutory obligations).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
1.4.6. ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, in which data provided by the Service Recipient and information about the Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1/4/10. ONLINE STORE – the Service Provider's online store available at the Internet address: www.ubierzsie.com.
1/4/11. SELLER; SERVICE PROVIDER - KRZYSZTOF RUTKOWSKI running a business under the name KRZYSZTOF RUTKOWSKI "TRADE - IN" entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place of business: ul. Dąbrowskiego 107, 60-574 Poznań; and delivery address : ul. Herbowa 1, 62-069 Dąbrówka, NIP 7811751057, REGON 300461170, e-mail address: sklep@ubierzsie.com, telephone number: +48795003277.
1/4/12. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1/4/13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1/4/14. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law - using or intending to use the Electronic Service.
1/4/15. CONSUMER RIGHTS ACT - Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
1/4/16. ORDER - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - using the Account is possible after completing two subsequent steps by the Service User - (1) completing the Registration Form, (2) clicking the " Register " field. In the Registration Form, the Service User must provide the following data: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number. An account can also be created by checking the appropriate checkbox when placing an order - the moment the order is placed, the account is created.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period of time. The Service User may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@ubierzsie.com or in writing to the following address: ul. Herbowa 1, 62-069 Dąbrówka.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - (1) completing the Order Form and (2) clicking on the " I order and pay " field on the Online Store website after completing the Order Form - until this point, it is possible to modify the entered data yourself ( in for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data regarding the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of delivery of Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.2.1. The Electronic Order Form Service is provided free of charge and is of a one-time nature and ends when an Order is placed via it or when the Service User stops placing an Order via it.
2.1.3. Newsletter - the Newsletter is used after providing the e-mail address to which subsequent editions of the Newsletter are to be sent in the "Newsletter" tab visible on the Online Store website and clicking the "Subscribe" box . You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - when the Account is created, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Electronic Newsletter Service is provided free of charge for an indefinite period of time. The Service User has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (unsubscribe from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@ubierzsie.com or in writing to the following address: ul. Herbowa 1, 62-069 Dąbrówka.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) current version of the web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1920x1080; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The service recipient is obliged to enter data consistent with the actual situation. The Service Recipient is prohibited from providing illegal content.
2.4. The complaint procedure regarding Electronic Services is indicated in point. 6. Regulations.
3. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point. 2.1.2 of the Regulations.
3.2. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. on the Online Store's website when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail message referred to in point. 3.3.2. Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery upon delivery.
4.1.2. Payment in cash upon personal pickup.
4.1.3. Payment by transfer to the Seller's bank account.
4.1.4. Electronic payments and payment card payments via PayU.pl, PayPal.com and Stripe.com - possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website http://www.payu.pl , https://www.paypal.com/pl and https://stripe.com/en-pl.
4.1.4.1. Settlement of electronic payment and payment card transactions is carried out in accordance with the Customer's choice via the PayU.pl, PayPal.com or Stripe.com website. Electronic and payment card payments are handled by:
4.1.4.1.1. PayU.pl - PayU SA with its registered office in Poznań (registered address: ul. Grunwaldzka 186, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań; share capital in the amount of PLN 4,944,000.00 fully paid up; NIP: 7792308495.
4.1.4.1.2. PayPal.com - a PayPal (Europe) Sa rl & Cie, SCA, 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
4.1.4.1.3. Stripe.com - a Stripe Payments Europe, Ltd. company (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland).
4.2. Date of payment:
4.2.1. If the Customer chooses to pay by transfer, electronic payment or card payment, the Customer is obliged to make the payment within 2 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay cash on delivery upon receipt of the shipment or to pay in cash upon personal pickup, the Customer is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.2. Personal collection of the Product by the Customer is free of charge.
5.3. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.3.1. Courier delivery, cash on delivery courier delivery.
5.3.2. Personal collection available at: ul. Dąbrowskiego 107, 60-574 Poznań - on Business Days, from 10:00 a.m. to 6:00 p.m. and on Saturdays, from 10:00 a.m. to 2:00 p.m.
5.4. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 7 Business Days. The beginning of the delivery period of the Product to the Customer is counted as follows:
5.4.1. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.4.2. If the Customer chooses the cash on delivery method of payment - from the date of conclusion of the Sales Agreement.
5.5. Deadline for the Product to be ready for collection by the Customer - if the Customer chooses personal collection of the Product, the Product will be ready for collection by the Customer within 2 Business Days, unless a shorter deadline is specified in the description of a given Product or when placing the Order. In the case of Products with different readiness for collection dates, the readiness for collection date is the longest given date, which, however, cannot exceed 2 Business Days. The Customer will be additionally informed by the Seller about the Product's readiness for collection. The beginning of the period for the Product to be ready for collection by the Customer is counted as follows:
5.5.1. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.5.2. If the Customer chooses the method of payment in cash upon personal collection - from the date of conclusion of the Sales Agreement.
6. COMPLAINT HANDLING PROCEDURE
6.1. This point 6 of the Regulations defines the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
6.2. The basis and scope of liability are specified in generally applicable provisions of law, in particular the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). .
6.2.1. Detailed provisions regarding complaints about the Product - a movable item - purchased by the Customer under the Sales Agreement concluded with the Seller until December 31, 2022 are specified in the provisions of the Civil Code in the version in force until December 31, 2022, in particular Art. 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). The Seller is obliged to provide the Customer with a Product without defects. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.
6.2.2. Detailed provisions regarding complaints about the Product - a movable item (including a movable item with digital elements), excluding, however, a movable item that serves only as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from January 1, 2023 . are determined by the provisions of the Consumer Rights Act in force from January 1, 2023, in particular Art. 43a - 43g of the Consumer Rights Act. These provisions specify in particular the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.3. A complaint may be submitted, for example:
6.3.1. in writing to the following address: ul. Herbowa 1, 62-069 Dąbrówka;
6.3.2. in electronic form via e-mail to the following address: sklep@ubierzsie.com.
6.4. The Product may be sent or returned as part of a complaint to the following address: ul. Herbowa 1, 62-069 Dąbrówka.
6.5. It is recommended to include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities or lack of compliance with the contract; (2) requesting a method of achieving compliance with the contract or a declaration of price reduction or withdrawal from the contract or other claim; and (3) contact details of the person filing the complaint - this will facilitate and speed up the processing of the complaint. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. If the complainant changes the contact details provided while the complaint is being considered, he or she is obliged to notify the Seller.
6.7. The complainant may attach evidence (e.g. photos, documents or the Product) related to the subject of the complaint to the complaint. The Seller may also ask the person filing the complaint to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the consideration of the complaint by the Seller.
6.8. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
7. OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose task is, among other things, including providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).
7.4. A platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr . The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 8.7 of the Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the following address: ul. Herbowa 1, 62-069 Dąbrówka;
8.1.2. in electronic form via e-mail to the following address: sklep@ubierzsie.com.
8.2. The return of the Product - movable items (including movable items with digital elements) as part of the withdrawal from the contract may be made to the following address: ul. Herbowa 1, 62-069 Dąbrówka.
8.3. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 12 of the Regulations. The consumer may use the template form, but this is not obligatory.
8.4. The deadline for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership - from the consumer or a third party designated by him other than the carrier taking possession of the Product, and in the case of a contract that: (1) covers many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consists in regular delivery of Products for a specified period of time - from taking possession of the first Product;
8.4.2. for other contracts - from the date of conclusion of the contract.
8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.6. Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivering the Product - movable items, including movable items with digital elements (except additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or the consumer provides proof of its return. , depending on which event occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it. , unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry.
8.6.3. The Consumer is responsible for reducing the value of the Product - a movable item (including movable items with digital elements) - resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.7. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.7.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.7.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product.
8.7.3. In the case of a Product - service, the performance of which - at the express request of the consumer - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount 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.
8.8. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.8.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the Seller has completed the service, he will lose the right to withdraw from the contract, and has accepted this is for your information; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - non-prefabricated, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product - a movable item (including a movable item with digital elements) - 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 ; (6) in which the subject of the provision are Products - movable items (including movable items with digital elements) - which, after delivery, due to their nature, are inseparably connected with other movable items, including movable items with digital elements; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides other services than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to for additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content not delivered on a tangible medium for which the consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract , and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, for which the consumer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the consumer.
8.9. The consumer provisions contained in this point 8 of the Regulations apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract stipulates: that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
9. PROVISIONS APPLICABLE TO ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and therefore bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that date also on a natural person concluding a contract directly related to its business. economic, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Agreement may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service User an appropriate statement.
9.5. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than up to the amount of one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The seller is also not responsible for delays in shipment.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
9.7. The Seller's liability under the warranty for the Product or lack of compliance of the Product with the Sales Agreement is excluded.
9.8. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
10. PRODUCT OPINIONS
10.1. The Seller allows its Customers to post and access opinions about the Products and the Online Store on the terms indicated in this point of the Regulations.
10.2. It is possible for the Customer to submit an opinion after using the form enabling adding an opinion about the Product or Online Store. This form may be made available directly on the Online Store's website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the e-mail address provided by him. When adding an opinion, the Service User may also add a graphic rating or photo of the Product - if such an option is available in the opinion form.
10.3. An opinion about a Product may only be issued for Products actually purchased in the Seller's Online Store and by the Customer who purchased the reviewed Product. It is prohibited to conclude fictitious or sham Sales Agreements in order to provide opinions about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
10.4. Adding opinions by Customers cannot be used for illegal activities, in particular for activities constituting an act of unfair competition or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. When adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and good practices.
10.5. Opinions may be made available directly on the Online Store website (e.g. for a given Product) or on an external website collecting opinions with which the Seller cooperates and to which the Seller links on the Online Store website (including via an external widget located on the Online Store website).
10.6. The Seller ensures that published opinions about the Products come from its Customers who purchased a given Product. For this purpose, the Seller takes the following actions to check whether the opinions come from its Customers:
10.6.1. Publishing an opinion issued using a form available directly on the Online Store website requires prior verification by the Service Provider. Verification consists in checking the compliance of the opinion with the Regulations, in particular in checking whether the person giving the opinion is a Customer of the Online Store - in this case, the Seller checks whether the person made a purchase in the Online Store, and in the case of an opinion about a Product, he additionally checks whether he purchased the reviewed Product. Verification takes place without undue delay.
10.6.2. The Seller sends its Customers (including via an external opinion collection service with which it cooperates) an individual link to the e-mail address provided by the Seller during the purchase - in this way, only the Customer who purchased the Product in the Online Store has access to the opinion form.
10.6.3. In case of doubts of the Seller or objections addressed to the Seller by other Customers or third parties as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he is actually a Customer of the Online Store. or purchased the reviewed Product.
10.7. Any comments, appeals against the verification of the opinion, or reservations as to whether a given opinion comes from the Customer or whether a given Customer has purchased a given Product may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations.
10.8. The Seller does not post or order any other person to post false opinions or recommendations of Customers and does not distort Customers' opinions or recommendations in order to promote its Products. The seller provides both positive and negative opinions. The seller does not provide sponsored reviews.
11. FINAL PROVISIONS
11.1. Contracts concluded via the Online Store are concluded in Polish.
11.2. Changes to the Regulations:
11.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal provisions; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
11.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are binding on the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code, i.e. the Service Recipient was properly notified about the changes and did not terminate the contract within 15 calendar days from the date of notification. If a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service User has the right to withdraw from the contract.
11.2.3. In the event of concluding contracts of a different nature than continuous contracts on the basis of these Regulations (e.g. Sales Agreement), the amendments to the Regulations will not in any way violate the rights acquired by the Service Recipients/Customers before the date of entry into force of the amendments to the Regulations, in particular the amendments to the Regulations will not affect Orders already placed or submitted and Sales Agreements concluded, implemented or completed.
11.3. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.
11.4. These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider/Seller, which cannot be excluded by contract. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to him on the basis of provisions that cannot be excluded by contract.
12. SAMPLE WITHDRAWAL FORM
(APPENDIX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Sample withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
– Addressee:
KRZYSZTOF RUTKOWSKI "TRADE - IN"
street Herbowa 1, 62-069 Dąbrówka
ubierzsie.com
sklep@ubierzsie.com
– Date of conclusion of contract(*)/acceptance(*)
– Name and surname of consumer(s)
– Consumer(s) address
– Signature of the consumer(s) (only if the form is sent on paper)
– Date
(*) Delete as appropriate.
