Statute
ONLINE STORE REGULATIONS
UBIERZSIE.COM
CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS OF CONCLUDING A SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
- COMPLAINT HANDLING PROCEDURE
- OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE CONTRACT
- PROVISIONS RELATING TO ENTREPRENEURS
- PRODUCT REVIEWS
- FINAL PROVISIONS
- WITHDRAWAL FORM SAMPLE
. The www.ubierzsie.com Online Store takes care of the rights of the consumer. The consumer cannot waive the rights granted to him in the Consumer Rights Act. The provisions of the agreements less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place the provisions of the Consumer Rights Act apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of any inconsistency of the provisions of these Regulations with the above provisions, these provisions take precedence and should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.ubierzsie.com is run by KRZYSZTOF RUTKOWSKI conducting business activity under the name of KRZYSZTOF RUTKOWSKI "TRADE - IN" entered into the Central Register and Information on Business Activity of the Republic of Poland kept by the minister responsible for economic affairs, with: business address: ul. Dąbrowskiego 107, 60-574 Poznań; and correspondence 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 are processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy contains primarily the principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of processing personal data 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, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
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 the placement of 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) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT – Electronic Service, a set of resources in the Service Provider’s IT system, marked with an individual name (login) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about 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 Recipients 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 online store of the Service Provider available at the following internet address: www.ubierzsie.com.
1.4.11. SELLER; SERVICE PROVIDER – KRZYSZTOF RUTKOWSKI conducting business activity under the name of KRZYSZTOF RUTKOWSKI "TRADE - IN" entered into the Central Register and Information on Business Activity of the Republic of Poland kept by the minister responsible for economic affairs, with: business address: ul. Dąbrowskiego 107, 60-574 Poznań; and correspondence 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 entered into 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 provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER – a declaration of will of the Customer submitted via the Order Form and aiming 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 - the Account can be used after the Service User has completed two consecutive steps - (1) filling out the Registration Form, (2) clicking the " Register " field. In the Registration Form, the Service User must provide the following data of the Service User: first and last name/company name, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and password. In the case of Service Users who are not consumers, it is also necessary to provide the company name and Tax Identification Number. An Account can also be created by checking the appropriate checkbox when placing an Order - the Account is created at the moment of placing the Order.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: sklep@ubierzsie.com or in writing to the 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 basket in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) after filling in the Order Form and (2) clicking on the “ Order and pay ” field on the Online Store website after filling in the Order Form – until then, it is possible to modify the entered data independently (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 concerning the Customer: first name and last name/company name, address (street, house/apartment number, postal code, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number.
2.1.2.1. The Electronic Order Form Service is provided free of charge and is of a one-off nature and ends when an Order is placed via it or when the Service Recipient stops placing an Order via it earlier.
2.1.3. Newsletter – the use of the Newsletter takes place after entering the e-mail address in the “Newsletter” tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the “ Subscribe ” field. You can also sign up for the Newsletter by checking the appropriate checkbox when creating an Account – upon creating an Account, the Service Recipient is signed up for the Newsletter.
2.1.3.1. The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the address: sklep@ubierzsie.com or in writing to the 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) Internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1920x1080; (5) enabling the option of saving Cookies and supporting Javascript in the Internet browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account respect for 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 factual state. The Service Recipient is prohibited from providing content of an illegal nature.
2.4. The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.
3. 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 price of the Product displayed on the Online Store website is given in Polish zloty and includes taxes. The Customer is informed on the Online Store website about the total price including taxes of the Product that is the subject of the Order, as well as about the delivery costs (including transport, delivery and postal services) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them, during the placement of the Order, including when the Customer expresses their 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 an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by sending an appropriate e-mail message by the Seller to the Customer to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements about receiving the Order and its acceptance for execution and confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the above e-mail message, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the concluded Sales Agreement shall be recorded, secured and made available to the Customer by means of (1) making these Regulations available on the website of the Online Store and (2) sending the Customer an e-mail message referred to in point 3.3.2. of the Regulations. The content of the Sales Agreement shall be 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 methods of payment under the Sales Agreement:
4.1.1. Payment in cash on delivery upon receipt of the shipment.
4.1.2. Payment in cash upon pickup.
4.1.3. Payment by transfer to the Seller's bank account.
4.1.4. Electronic payments and card payments via PayU.pl, PayPal.com and Stripe.com – current possible payment methods are specified on the Online Store website in the information tab regarding payment methods and on the websites http://www.payu.pl, https://www.paypal.com/pl and https://stripe.com/en-pl.
4.1.4.1. Settlements for electronic payments and payment cards are carried out according to the Customer's choice via PayU.pl, PayPal.com or Stripe.com. Electronic payments and payment cards are handled by:
4.1.4.1.1. PayU.pl – PayU SA company with its registered office in Poznań (registered office 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 of Poznań – Nowe Miasto and Wilda in Poznań; share capital of PLN 4,944,000.00, fully paid up; Tax Identification Number (NIP): 7792308495.
4.1.4.1.2. PayPal.com – a company of PayPal (Europe) Sà 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. Maturity:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by card, 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 delivery or to pay cash upon personal collection, the Customer is obliged to make the payment upon delivery.
5. COST, METHODS AND TIME OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. The delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal fees) are indicated to the Customer on the Online Store website in the information tab regarding delivery costs and during the placement of the Order, including when the Customer expresses their 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 receipt of the Product:
5.3.1. Courier shipment, cash on delivery courier shipment.
5.3.2. Personal collection available at: ul. Dąbrowskiego 107, 60-574 Poznań – on Working Days, from 10:00 to 18:00 and on Saturdays, from 10:00 to 14:00.
5.4. The delivery time of the Product to the Customer is up to 7 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery time is the longest given time, which, however, cannot exceed 7 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows:
5.4.1. If the Customer chooses payment by bank 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 to pay by cash on delivery – from the date of conclusion of the Sales Agreement.
5.5. The date of readiness of the Product 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 period is given in the description of the given Product or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest date given, which, however, cannot exceed 2 Business Days. The Customer will be additionally informed about the readiness of the Product for collection by the Customer by the Seller. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows:
5.5.1. If the Customer chooses payment by bank 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 to pay 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 specifies 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 legal provisions, in particular in the Civil Code, the Consumer Rights Act and the Act on the provision of electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended).
6.2.1. Detailed provisions regarding the complaint of a Product - a movable item - purchased by the Customer under the Sales Agreement concluded with the Seller by December 31, 2022 are specified in the provisions of the Civil Code in the wording applicable until December 31, 2022, in particular Articles 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 deliver a Product without defects to the Customer. In accordance with Article 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 the complaint of a Product - a movable item (including a movable item with digital elements), excluding, however, a movable item that serves solely as a carrier of digital content - purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023 are specified in the provisions of the Consumer Rights Act in the wording applicable from 1 January 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 filed, 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 under the 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 concerning the subject of the complaint, in particular the type and date of the irregularity or lack of compliance with the contract; (2) a request for a method of achieving compliance with the contract or a declaration of a price reduction or withdrawal from the contract or another claim; and (3) contact details of the person filing the complaint – this will facilitate and speed up the processing of the complaint. The requirements specified in the previous sentence take the form of recommendations only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.6. If the contact details provided by the complainant change during the complaint consideration process, he or she is obliged to notify the Seller thereof.
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 complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the Seller's consideration of the complaint.
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-COURT COMPLAINT AND CLAIM SETTLEMENT PROCEDURES 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 complaint resolution and claim settlement 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 (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among others, to provide assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for resolution of a dispute to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of a dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller); and (3) assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection (including the Federation of Consumers, Association of Polish Consumers). Advice is provided, among others, by e-mail at porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (hotline open on Business Days, from 8:00 to 18:00, connection fee according to the operator's tariff).
7.4. At http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and traders at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL 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 any costs, except for the costs specified in point 8.7 of the Regulations. To meet the deadline, it is sufficient to send a statement before it expires. A statement 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) under the withdrawal from the contract may be made to the following address: ul. Herbowa 1, 62-069 Dąbrówka.
8.3. An example of a withdrawal form template is included in Annex 2 to the Consumer Rights Act and is additionally available in point 12 of the Regulations. The consumer may use the template form, but it is not obligatory.
8.4. The deadline for withdrawal from the contract begins:
8.4.1. for a contract under which the Seller delivers a Product and is obliged to transfer its ownership – from the moment the consumer or a third party indicated by him other than the carrier takes possession of the Product, and in the case of a contract which: (1) covers many Products that are delivered separately, in batches or in parts – from the moment the last Product, batch or part is taken into possession, or (2) consists in the regular delivery of Products for a specified period of time – from the moment the first Product is taken into possession;
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 delivery of the Product - movable item, including movable item with digital elements (with the exception of additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller returns the payment using the same payment method that the consumer used, unless the consumer has expressly agreed to another 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 return of payments received from the consumer until the Product is received 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 sufficient to return the Product before it expires.
8.6.3. The Consumer is liable for any reduction in the value of the Product - a movable item (including a movable item with digital elements) - resulting from its use 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 that 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 the Product - service, the performance of which – at the consumer's express request – began before the expiry of the period 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 up to the time of 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.
8.8. The right to withdraw from a distance contract does not apply 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 performance that after the Seller has performed the service, the consumer will lose the right to withdraw from the contract, and has acknowledged this; (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 expiry of the period for withdrawal from the contract; (3) in which the subject of the provision is a Product - a movable item (including a movable item with digital elements) - non-prefabricated, manufactured according to the consumer's specification or intended to meet their individual needs; (4) in which the subject of the provision 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 provision 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) where the subject of the provision are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations beyond the Seller's control; (8) where the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products - movable items (including movable items with digital elements) - other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) where the subject of the provision are audio 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 a subscription agreement; (11) concluded by way of a public auction; (12) for the provision of accommodation services other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events, if the contract specifies the day or period of provision of the service; (13) for the provision of digital content not supplied 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 provision began that after the Seller had fulfilled the service he would lose the right to withdraw from the contract, and he acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15 paragraphs 1 and 2 or Article 21 paragraph 1 of the Consumer Rights Act; (14) for the provision of services, for which the consumer is obliged to pay the price, in the case of 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 provisions contained in this point 8 of the Regulations concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person concluding a contract directly related to his or her business activity, when the content of this contract indicates that it is not of a professional nature for this person, resulting in particular from the subject of the business activity performed by him or her, made available on the basis of the provisions on the Central Register and Information on Business Activity.
9. PROVISIONS RELATING TO ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and thus bind only the Client or Service Recipient who is not a consumer, and from 1 January 2021 and for agreements concluded from that date, who is also not a natural person concluding an agreement directly related to his or her business activity, when the content of this agreement indicates that it does not have a professional nature for this person, resulting in particular from the subject of the business activity performed by him or her, made available under the provisions on the Central Register and Information on Business Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur 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 agreement for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate declaration to the Service Recipient.
9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited - both within the scope of a single claim, as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims directed by the Service Recipient/Customer towards the Service Provider/Seller, including in the event of failure to conclude the Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller shall be liable towards the Service Recipient/Customer only for typical damage foreseeable at the time of conclusion of the agreement and shall not be liable for lost profits. The Seller shall also not be liable for delays in the transport of the 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 seat of the Seller/Service Provider.
9.7. The Seller's liability under the warranty for the Product or for the lack of conformity 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 REVIEWS
10.1. The Seller enables 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. The Customer may submit an opinion after using the form that allows for adding an opinion about the Product or Online Store. This form may be made available directly on the Online Store website (including via an external widget) or may be made available via an individual link received by the Customer after purchase to the email address provided by them. When adding an opinion, the Service Recipient may also add a graphical rating or a photo of the Product - if such an option is available in the opinion form.
10.3. A Product Review may only be issued for Products actually purchased in the Seller's Online Store and by the Customer who purchased the Product being reviewed. It is prohibited to enter into fictitious or apparent Sales Agreements in order to issue a Product Review. An Online Store Review may be issued by a person who is a Customer of the Online Store.
10.4. Adding opinions by Customers may not 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 customs.
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 it refers on the Online Store website (including via an external widget placed on the Online Store website).
10.6. The Seller ensures that the published opinions about the Products come from its Customers who have purchased the 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 of checking the compliance of the opinion with the Regulations, in particular checking whether the person giving the opinion is a Customer of the Online Store - in this case the Seller checks whether this person made a purchase in the Online Store, and in the case of an opinion about a Product, additionally checks whether they purchased the Product being reviewed. 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 Customer upon purchase – in this way, only the Customer who purchased the Product in the Online Store receives access to the opinion form.
10.6.3. In the event of any doubts on the part of the Seller or any objections addressed to the Seller by other Customers or third parties as to whether a given opinion comes from a Customer or whether a given Customer purchased a given Product, the Seller reserves the right to contact the author of the opinion in order to clarify and confirm that he or she is actually a Customer of the Online Store or has purchased the Product being reviewed.
10.7. Any comments, appeals against the verification of an opinion, or reservations as to whether a given opinion comes from a Customer or whether a given Customer purchased a given Product may be submitted in a manner analogous to the complaints procedure indicated in point 6 of the Regulations.
10.8. The Seller does not post or have any other person post false Customer reviews or recommendations, and does not distort Customer reviews or recommendations in order to promote its Products. The Seller provides both positive and negative reviews. The Seller does not provide sponsored reviews.
11. FINAL PROVISIONS
11.1. Agreements concluded via the Online Store are concluded in Polish.
11.2. Change of 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 based on these Regulations (e.g. provision of the Electronic Service - Account), the amended Regulations shall bind the Service Recipient if the requirements specified in Articles 384 and 384[1] of the Civil Code have been met, i.e. the Service Recipient has been properly notified of the changes and has not terminated the contract within 15 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient has the right to withdraw from the contract.
11.2.3. In the event of concluding agreements of a different nature than continuous agreements (e.g. Sales Agreement) based on these Regulations, changes to the Regulations will not in any way violate the rights of Service Recipients/Customers acquired before the date of entry into force of changes to the Regulations, in particular changes to the Regulations will not affect Orders already placed or submitted and Sales Agreements concluded, implemented or performed.
11.3. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the 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 entering into an agreement with the Service Provider/Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to him under the provisions that cannot be excluded by agreement.
12. WITHDRAWAL FORM SAMPLE
(ANNEX 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"
Herbowa Street 1, 62-069 Dabrówka
ubierzsie.com
sklep@ubierzsie.com
- Date of conclusion of the contract(*)/receipt(*)
- Name and surname of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if the form is submitted in paper format)
- Date
(*) Delete where not applicable.
