TERMS OF USE OF THE ONLINE STORE www.taniparkiet.pl
DEFINITIONS
Store – an online store located at www.taniparkiet.pl
Regulations – these regulations, regulating the rules of using the Store, being an integral part of the contract concluded between the Seller and the Buyer.
Agreement – a sales contract concluded between the Buyer and the Seller, of which the Regulations are an integral part.
Parties – both parties to the Agreement, the Buyer and the Seller.
Seller - the entity responsible for the functioning of the Store: PHU Bortnowski, Zjednoczenia 92, 65-120 Zielona Góra, NIP: 929-000-09-28, REGON: 970127330
Buyer – an entity making purchases through the Store; The buyer may be both the entity making the purchase in the scope of its business and the Consumer. If the buyer is a natural person, he must be of legal age and have full legal capacity.
Consumer - consumer within the meaning of the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended)
Agreement – an agreement concluded between the Parties, of which the Regulations are an integral part.
User – a person browsing the content contained on the Store's websites.
Service – sales provided by the Store, Newsletter and Account.
Newsletter – a free service provided by the Seller, consisting in periodic or irregular sending to the User information related to the functioning of the Store to the e-mail address indicated by the User.
Account - a part of the Store available to the User only after logging in, in which the User can add, modify and delete their personal data, other data, as well as use individual functionalities of the Account.
Goods – goods sold in the Store.
Delivery Price List – price list of goods delivery services published at https://www.taniparkiet.pl/content/2-obsluga_klienta
Cookies Policy – the Store's policy relating to the rules of using cookies, published at: www.taniparkiet.pl
Cookies – cookies within the meaning of the provisions of the Cookies Policy
INTRODUCTORY PROVISIONS
§ 1
The Regulations are created on the basis of art. 8 sec. 1 point 1 of the Act on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
The Rules of Procedure shall specify in particular:
a) types and scope of services provided electronically,
b) conditions for the provision of electronic services,
c) conditions for concluding and terminating contracts for the provision of electronic services,
d) complaint procedure
§ 2
The Buyer accepts the Regulations.
The object of the Store's activity is the sale of Goods. Goods sold along with a detailed description and price are presented on the relevant subpages of the Store.
The contract is concluded in Polish.
The contract is concluded on the basis of the law in force in Poland.
§ 3
In order to avoid errors when using the Services, it is necessary to use a PC or similar computer connected to the Internet, tablet or smartphone, equipped with Windows, Android, iOS, Linux or MAC OS operating systems and Internet Explorer, Google Chrome, Opera, Mozilla Firefox or Safari web browser.
§ 4
The provisions of the Regulations do not prejudice the generally applicable provisions of law on consumer protection, including the Civil Code and the Act on Consumer Rights.
Provisions inconsistent with generally applicable legal norms are considered non-binding. In their place, the relevant norms of generally applicable law shall apply.
§ 5
Contact with the Seller takes place: by phone – at the number: + 48 324 02 87, by e-mail: sklep@taniparkiet.pl Traditional correspondence should be sent to the address of the Seller's registered office.
PROCEDURE FOR ORDERING GOODS
§ 6
The Buyer places an order by completing an interactive order form available on the Store's website and sending it to the Store, while the selection of ordered Goods takes place by adding them to the virtual shopping cart. The form is filled in in accordance with the detailed instructions visible during the completion process.
The Buyer indicates the Goods that he wants to order. The Buyer provides the following data: name, surname/name, address of residence/registered office, address for service, e-mail address, telephone number, method of payment, method of delivery of the Goods. In addition, the Buyer provides the necessary data to issue an invoice or bill.
If the Buyer makes purchases using the Account, he does not have to provide the data specified in paragraph 2 second sentence.
The buyer is allowed to verify and correct the data regarding the order placed.
The purchase procedure ends by pressing by the Buyer the button confirming the placement of an order with the obligation to pay (the "order with the obligation to pay" button).
The order placed by the Buyer is confirmed by the Seller by sending an (automatic) e-mail. Along with the confirmation, the Seller sends the Regulations to the Buyer.
§ 7
The buyer should follow the indications contained in the confirmation, in particular click on the link provided in the e-mail.
Regardless of the information sent to the Buyer regarding the Agreement, the full content of the Agreement is recorded by the Seller in the form of an electronic record placed in its IT system and is made available to the Buyer at his request.
If errors are detected in the data entered by the Buyer referred to in paragraph 2, the Buyer may apply for their correction by providing appropriate data. This possibility does not apply to changing the Goods ordered after their shipment to the Buyer.
In case of doubts as to the reliability of the data provided, the Seller is entitled to confirm them and may refrain from completing the order until they are verified. The Seller shall immediately inform the Buyer about such a situation and, at his request, return the amount already paid as a price.
DELIVERY
§ 8
Unless the Parties have agreed otherwise, the delivery of the ordered Goods takes place as soon as possible, not longer than 14 days from the conclusion of the Agreement. The deadline for completion is counted from the date of sending the order confirmation by the Seller, or – in the case of payment made in the form of prepayment – from the date of posting the amount due on the Seller's account.
In the event that the Seller has not fulfilled its obligation to deliver the Goods within the period specified in the preceding paragraph, the Buyer shall call upon him to deliver within an additional period appropriate to the circumstances. If the Seller has not delivered the Goods within this additional period, the Buyer has the right to terminate the Agreement. The provision of § 18 shall apply.
Paragraph 1 above shall not apply if the Seller refused to deliver the Goods or if the delivery date has been agreed with the Buyer individually and is significant due to all the circumstances related to the conclusion of the Agreement or if the Buyer informs the Seller before the conclusion of the Agreement that the delivery of the Goods before a specific date or on a specific date is of significant importance. In such cases, if the Seller has not delivered the Goods within the time agreed with the Buyer or within the period specified in paragraph 1, the Buyer has the right to immediately terminate the Agreement.
After termination of the Agreement in accordance with the above provisions, the Seller shall refund the entire amount paid under the Agreement without undue delay.
§ 9
Delivery of ordered Goods is normally carried out via courier.
It is recommended that the Buyer check the condition of the shipment at the time of its delivery, and in the case of visible damage, report this fact to the person delivering the parcel and, if possible, with her participation draw up a damage report. Failure to inspect the shipment results in the loss of the right to report damage to the shipment during transport, does not result in the loss of the right to file a complaint.
PRICE AND PAYMENT
§10
The prices of the Goods are given on the Store's website.
The prices of the Goods are given in the final version, including all fees and taxes, including in particular VAT at the applicable rate, taking into account, however, the provision of the paragraph below.
The prices of the Goods do not include shipping costs, which are presented to the Buyer during the ordering procedure. Independently, the Buyer may familiarize himself with the applicable rates for the delivery of Goods in the Delivery Price List.
§11
The buyer receives an invoice in an electronic version by e-mail on the day of sending the parcel to the e-mail address indicated in the order.
§ 12
The Delivery Price List determines the costs of individual delivery options for the Goods. The choice of options is up to the Buyer.
The Parties may arrange the delivery of Goods using another option, not included in the Delivery Price List.
If the transport costs due to the nature of the order or the size of the ordered Goods do not allow for an earlier calculation of the price, it will be determined on the basis of generally applicable rates of a given carrier. In this case, the Seller may choose as the carrier an entity other than that indicated in § 9 section 1.
§ 13
The buyer chooses one of the following payment methods:
a) cash on delivery – the Buyer pays for the Goods and the shipment upon receipt of the package at the post office or the deliverer.
b) by bank transfer – the Buyer prepays for the Goods to the Seller's account at BZWBK bank. number: 22 1090 1535 0000 0001 0774 8785
ACCOUNT AND NEWSLETTER SERVICES
§ 14
The provisions of § 15 and § 16 are specific provisions and concern the implementation of the Newsletter Service and the Account.
§ 15
Creating an Account is optional for Users who want to use the Services.
The Account is intended to make it easier for the User to make purchases using the Store.
The User using the Account Service agrees to commence its provision by the Seller upon creating the Account.
The account is created after completing the interactive application form "Registration".
The procedure for filling in the interactive form includes providing the data indicated in § 6 section 2, second sentence. It is obligatory to provide a valid e-mail address to which the password to the Account will be sent.
Each User provides data to the Account voluntarily. The User has the option of updating their personal data and deleting the Account.
After confirming the entered data by clicking the "Register" button on the last installment of the interactive form, a message with a verification link and the conditions under which the Agreement was concluded, including the content of the applicable Regulations, will be sent to the e-mail address provided by the User.
After opening the verification link sent to the User to the e-mail address provided by him, the User enters his password in the "Your password" field. Clicking the "Login" button is tantamount to creating an Account. It is also the moment of conclusion of the Agreement.
Regardless of the information regarding the Agreement sent to the User, the full content of the Agreement is recorded by the Seller in the form of an electronic record placed in its IT system and is made available to the User at his request.
Creating an Account is free of charge.
§ 16
The free Newsletter service is provided by the Seller on the terms set out in this paragraph.
Creating an Account by the User requires consent to receive the Newsletter, and at the same time is the moment of concluding the contract for the provision of the Newsletter service.
The Seller will not share the e-mail addresses entrusted to him with third parties.
The User has the right to resign from the Newsletter service at any time by deleting his Account. This is the moment of termination of the contract for the provision of the Newsletter service.
Removal of the User's e-mail account from the address database takes place immediately after deleting the Account.
The Seller reserves the right to:
a) sending advertisements and commercial information via the newsletter within the meaning of the Act of 18 July 2002 on the provision of electronic services (Dz.U. No. 144, item 1204 of 2002) to the User's e-mail account,
b) complete cessation of the provision of the Newsletter service after prior notification of its Users, without giving a reason. The moment of notifying the User is the moment of termination of the contract for the provision of the Newsletter service.
SELLER'S LIABILITY
§ 17
The Seller undertakes to deliver the Goods without defects.
The Seller shall be liable to the Buyer for physical and legal defects of the Goods to the extent specified in the Civil Code Act of 23 April 1964 (Journal of Laws of 1964, No. 16, item 93, as amended)
§ 18
1. If the Goods have a defect, the Buyer may:
a) demand removal of the defect by the Seller
b) demand replacement of the Goods with a new one
(c) request a price reduction
d) withdraw from the Agreement
2. The Buyer may not demand a price reduction or withdraw from the Agreement if the Seller immediately and without excessive inconvenience to the Buyer replaces the defective Goods with goods free from defects or removes the defect.
3. If the Buyer is a Consumer, instead of removing the defect proposed by the Seller, he may demand replacement of the Goods with defect-free ones or instead of the proposed replacement of the Goods, demand removal of the defect, unless bringing the Goods into conformity with the Agreement in the manner chosen by the Buyer is impossible or would require excessive costs compared to the method proposed by the Seller.
4. In the event of repeated replacement or repair of the Goods, the limitation of the possibility of withdrawing from the Agreement or requesting a price reduction referred to in paragraph 2 shall not apply.
5. In the event of an insignificant defect, the Buyer may not withdraw from the Agreement.
6. The Seller may refuse to satisfy the request to repair the Goods or replace them with a new one if bringing the defective item into conformity with the Agreement in the manner chosen by the Buyer is impossible or would require excessive costs compared to the second possible way of bringing it into conformity with the Agreement.
7. If the Buyer is an entrepreneur, the Seller may refuse to replace the defective item with a defect-free one or remove the defect also if the costs of satisfying this obligation exceed the price of the item sold.
§19
Complaints regarding the Goods should be submitted in writing to the address of the Seller. The letter containing the complaint should provide the details of the complainant and describe the reasons for the complaint.
The Seller informs the Buyer about the method of considering the complaint within 14 days from the date of receipt of the complaint in writing (the date of sending the letter by the Seller is important), as well as in the form of an e-mail.
The Seller shall not be liable for defects in the item sold if the defect is found after two years from the release of the item to the Buyer. The Buyer's claims expire after one year, counting from the date of finding the defect. The limitation period may not end before the expiry of two years from the delivery of the item.
§20
The risk of loss of or damage to the Goods shall pass to the Buyer at the moment when he or a third party indicated by him, other than the carrier, takes physical possession of the Goods. However, the risk shall pass to the Buyer upon delivery of the Goods to the carrier, if the Buyer has instructed that carrier to transport them and the Seller did not offer such a possibility.
§ 21
In the event of non-performance of the Agreement by the Seller, the Seller is obliged to repair the damage resulting from this fact on the terms set out in the Act of 23 April 1964 - Civil Code (Journal of Laws No. 16, item 93, as amended)
§ 22
The Seller provides a 3-month warranty for Goods purchased by Consumers and a 3-month warranty for Goods purchased by entrepreneurs.
WITHDRAWAL FROM THE CONTRACT
§ 23
The Buyer who is a Consumer may resign from the Goods purchased in the Store without giving a reason, within 14 days from the date of receipt of the parcel (Right to withdraw from the Agreement).
The right to withdraw from the Agreement does not apply in the case of:
(a) for the provision of services, if the trader has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the entrepreneur he will lose the right to withdraw from the contract;
b) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
c) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
d) in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
e) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the consumer before the expiry of the withdrawal period and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.
In order to exercise the right to withdraw from the Agreement, the Buyer shall inform the Seller about the withdrawal by means of an unequivocal statement in writing or by e-mail before the expiry of the withdrawal period, and then at its own expense will send back the Goods without undue delay, at the latest within 14 days from the date on which the Buyer informed the Seller of its withdrawal.
The Buyer may submit a statement of withdrawal on the form on the Store's website http://www.taniparkiet.pl/odstapienie_od_umowy.pdf The use of the withdrawal form is not mandatory.
In the event of effective withdrawal from the Agreement, the Seller shall, within 14 days of receipt of the Goods, refund to the Buyer who is a consumer, all payments received from him, including delivery costs (with the exception of additional costs of non-standard delivery of the Goods chosen by the Buyer and the costs of returning the Goods to the Seller). The refund of the payment will be made in the same form as the Buyer made the payment, unless the Buyer has expressly agreed to a different method of return.
The Seller shall not bear the costs of returning the Goods if the Buyer exercises the right to withdraw from the Agreement, which means that in such a case the Buyer bears the direct costs of returning the Goods to the Seller.
SPECIAL PROVISIONS FOR TRADERS
§ 24
The provisions of § 25, § 26, § 27, § 28, § 29 are specific provisions and refer to Buyers who are not Consumers.
§ 25
The contract is concluded at the time of confirmation of the order by the Seller.
Confirmation of the order takes place by sending an e-mail by the Seller to the Buyer's address, in which the Seller confirms the terms of the Agreement resulting from the order placed.
§ 26
The Seller shall not be liable for delays resulting from the fault of the supplier.
§ 27
The Buyer will check the condition of the shipment at the time of its delivery, and in the event of visible damage to the packaging or the contents of the shipment, this fact will be reported to the person delivering the parcel and with his participation will draw up a damage report.
§ 28
The Seller may require that in some cases the Buyer after placing the order makes a prepayment amounting to no more than 50% of the entire order.
§ 29
The Parties agree that they are not bound by the provisions of Art. 66.1 par. 1-3 of the Civil Code.
PROTECTION OF PERSONAL DATA
§ 30
The Seller declares that it protects Users' personal data on the terms and in accordance with applicable provisions in the field of personal data protection, in particular Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation/GDPR). The Service Provider declares that it applies technical and organizational measures to ensure the protection of processed data appropriate to the threats and categories of data protected, and in particular protects Users' personal data against unauthorized access, loss or damage.
In the course of the procedure of ordering the Goods, the Buyer voluntarily provides his personal data to the extent required by the Seller.
The personal data obtained by the Seller will be processed by the Seller in order to:
a. provide the Services referred to in these Regulations,
b. settlement of payments for ordered products,
c. pursuing claims for payment for orders placed,
d. and if the User has consented to the purpose of sending information about the User's products/services electronically (marketing purpose / newsletter).
The User's personal data is processed:
a. for the period necessary to complete the sale, as well as settlement of payments and pursuing claims;
b. in the case of processing based on consent, personal data are processed until the consent is withdrawn, however, the withdrawal of consent does not affect the lawfulness of the processing, which was made on the basis of consent before its withdrawal.
At any time, the Buyer may oblige the Seller, by sending an appropriate inquiry, including by e-mail, to provide information on the state of personal data processed concerning his person.
The Buyer also has the right to request the deletion, supplementation or change of personal data processed by the Seller.
Detailed information for Users regarding the processing of personal data, including purposes, grounds for processing with an indication of the law, processing periods and their rights are each time provided to Users at the time of collecting personal data from them. In addition, detailed data on the processing of personal data by the Service Provider are included in the Privacy Policy available here: Privacy Policy
§ 31
The store uses cookies.
Cookies may be installed on the User's device with his express consent.
Detailed rules for the use of Cookies by the Store are set out in the Cookies Policy.
FINAL PROVISIONS
§ 32
The Seller reserves the right to short-term technical breaks in access to the Store, caused by maintenance or updating data on the server.
The Seller does not provide any additional services related to the service of the Goods in addition to the services specified in the Regulations.
§ 33
In the event of a dispute arising from the implementation of the Agreement, the Parties undertake to attempt to resolve it amicably.
§ 34
The Regulations enter into force on May 23, 2018
The Regulations may be changed at any time. Information about the content of amendments to the Regulations is posted immediately on the Store's website.
The changes are effective from the date of their publication on the Store's website and do not have retroactive effect.