TERMS AND CONDITIONS OF ONLINE STORE sklepquecalor.pl
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS OF CONCLUDING SALES AGREEMENTS
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COSTS, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
- OUT-OF-COURT METHODS OF EXAMINATION OF COMPLAINTS AND PURSUIT OF CLAIMS, AS WELL AS PRINCIPLES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL
- PERSONAL DATA IN THE ONLINE STORE
- FINAL PROVISIONS
The Online Store www.sklepquecalor.pl cares about the consumer's rights. The consumer may not relinquish the rights vested therein by the Act on Consumer Rights. The provisions of agreements that are less favourable for the consumer than the provisions of the Act on Consumer's Rights shall be invalid, and the provisions of the Act on Consumer Rights shall be applied in their stead. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted thereto by virtue of absolutely binding legal regulations, and any possible doubts shall be interpreted in favour of the consumer. In the case of possible inconsistencies between the provisions of these Terms and Conditions and the abovementioned regulations, these regulations shall have priority and shall be applied.
1. GENERAL PROVISIONS
1.1 The administrator of personal data processed in connection with execution the provisions of these Terms and Conditions is the Service Provider. Personal data are processed for the purposes, in the scope and on the basis of principles indicated in the Terms and Conditions of the Online Store. Giving personal details is voluntary. Every person whose personal data are processed by the Service Provider has the right to inspect them and to update and correct them.
1.2 The Online Store available at www.sklepquecalor.pl is run by Dagmara Godzik running a business under the name Que Calor Dagmara Godzik entered in the Central Registry and Information about Business Activities of Poland kept by the minister responsible for economy, having: address of the place of execution activity: 18 Na Wzgórzach Street, 34-120 Andrychów, NIP 5512636873, e-mail address: email@example.com, phone number: 514498416. Address for delivery: Andrychów, 18 Na Wzgórzach Street.
BUSINESS DAY – one day from Monday to Friday, excluding days off.
REGISTRATION FORM – the form available at the Online Store enabling creation of an account.
ORDER FORM – an Electronic Service, an interactive form available at the Online Store enabling submission of an Order, in particular by adding Products to the electronic cart and specifying the conditions of the Sales Agreement, including the method of delivery and payment.
CUSTOMER – (1) a natural person having full capacity to conclude legal acts, and in cases provided for by commonly binding regulations - also a natural person with limited capacity to be a party in legal acts; (2) a legal person; or (3) an organisational unit without legal personality granted legal capacity by the Act; - which concluded or intends to conclude a Sales Agreement with the Seller.
CIVIL CODE – the Act - Civil Code of 23 April 1964 (Journal of Laws Dz. U. of 1964, no. 16, item 93, as amended).
ACCOUNT – an Electronic Service, a set of resources in the data communication system of the Service Provider, marked with an individual name (login) and password entered by the Service User, where data given by the Service User and information about Orders submitted thereby in the Online Shop are collected.
NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which enables all Service Users using this service to automatically receive from the Service Provider periodical content of subsequent editions of the newsletter, containing information on Products, new Products and special offers in the Online Shop.
PRODUCT – a movable property available at the Online Store, the subject of the Sales Agreement between the Customer and the Seller.
TERMS AND CONDITION – these terms and conditions of the Online Store.
ONLINE STORE - the online store of the Service Provider available at: www.abudzi.pl on the Shoper platform.
SELLER; SERVICE PROVIDER - Dagmara Godzik running a business under the name Que Calor Dagmara Godzik entered into the Central Registry and Information about Business Activities of Poland conducted by the minister competent for economy, having: address of the place of business: 18 Na Wzgórzach Street, 34-120 Andrychów, NIP 5512636873, e-mail address: firstname.lastname@example.org, phone number: 514498416.
SALES AGREEMENT – a sales agreement for a Product concluded or being concluded between the Customer and the Seller via the Online Store.
ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.
SERVICE USER – (1) a natural person having full capacity to conclude legal acts, and in cases provided for by commonly binding regulations - also a natural person with limited capacity to be a party in legal acts; (2) a legal person; or (3) an organisational unit without legal personality granted legal capacity by the Act; - using or intending to use an Electronic Service.
ACT ON CONSUMER RIGHTS, ACT – the Act of 30 May 2014 on Consumer Rights (Journal of Law Dz. U. of 2014, item 827, as amended).
ORDER - the Customer's declaration of will submitted by means of the Order Form and aiming directly at concluding a Sales Agreement for a Product 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 – use of the Account is possible after completion of three subsequent steps in total by the Service User – (1) filling in the Registration Form, (2) clicking the field "Create an account", and (3) confirming the willingness to create an Account by clicking on a confirmation link sent automatically to the stated e-mail address. In the Registration Form, it is necessary for the Service User to specify the following data of the Service User: full name/company name, e-mail address, contact phone number, and password. In the case of Service Users who are not consumers, it is also necessary to specify the company's name and the Tax Identification Number (NIP).
184.108.40.206 The Account Electronic Service is provided free of charge for indefinite time. The Service User may - at any moment and without specifying the reason - remove the Account (resign from the Account) by sending a respective request to the Service Provider by e-mail to the following address: email@example.com.
2.1.2 Order Form – use of the Order Form begins upon adding of the first Product by the Customer to the electronic cart in the Online Shop. An Order is submitted after completion of two successive steps in total by the Customer – (1) after filling in the Order Form and (2) clicking, after filling in the Order Form, the field "I hereby confirm the purchase" on the Online Store's website – until this moment, the Customer may modify the entered data on his/her own (for that purpose, he/she should follow the displayed messages and information available on the Online Store's website). In the Order Form, it is necessary for the Customer to specify the following data concerning the Customer: full name, e-mail address, contact phone number, as well as data concerning the Sales Agreement: the Product/s, quantity of the 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 specify the company's name and the Tax Identification Number (NIP).
220.127.116.11 The Order Form Electronic Service is provided free of charge and is a one-time service, completed upon submission of the Order through its use or upon prior cessation of submission of the Order through its use by the Service User.
2.1.3 Newsletter – use of the Newsletter follows entering in the "Newsletter" tab, visible on the Online Store's website, the e-mail address to which subsequent editions of the Newsletter are to be sent, and clicking the field "Subscribe". The Customer may also subscribe to the Newsletter by selecting the relevant checkbox when creating the Account – upon creation of the Account, the Service User will be subscribed to Newsletter.
18.104.22.168 The Newsletter Electronic Service is provided free of charge for indefinite time. The Service User may - at any moment and without specifying the reason - unsubscribe from the Newsletter (resign from the Newsletter) by sending a respective request to the Service Provider, in particular by e-mail to the following address: firstname.lastname@example.org
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider, as well as other complaints related to operation of the Online Store (except for the Product complaint procedure, which is indicated in item 6 of the Terms and Conditions), may be submitted by the Service User electronically by e-mail to the following address: email@example.com
2.4.2 The complaint description should include: (1) information and circumstances regarding the object of the complaint, in particular the type and date of the nonconformity's occurrence; (2) the Service User's demand; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate examination of the complaint by the Service Provider. Requirements specified in the previous sentence have only the form of a recommendation and do not affect effectiveness of complaints submitted without the recommended complaint description. 2.4.3 The Service Provider takes a stance with regard to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. TERMS OF CONCLUDING SALES AGREEMENTS
3.1 Conclusion of a Sales Agreement between the Customer and the Seller takes place after prior submission of an Order by the Customer by means of the Order Form in the Online Shop in accordance with item 2.1.2 of the Terms and Conditions.
3.2 The Product's price shown on the Online Store's website is stated in Polish zlotys and includes taxes. The total price (along with taxes) of the Product being the object of the Order, as well as the costs of delivery (including fees for transport, delivery and postal services) and other costs, and when it is not possible to determine the amount of these fees – the obligation of their payment, are communicated to the Customer on web pages of the Online Store during submission of the Order, also during expression of the Customer's will to become bound by the Sales Agreement.
3.3 The procedure of signing the Sales Agreement in the Online Shop by means of the Order Form
3.3.1 Conclusion of a Sales Agreement between the Customer and the Seller takes place after prior submission of an Order by the Customer in the Online Shop in accordance with item 2.1.2 of the Terms and Conditions.
3.3.2 After submission of the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is done by the Seller by sending a relevant e-mail to the Customer to the e-mail address of the Customer stated during submission of the Order, with the message including at least a statement of the Seller on receipt of the Order and its acceptance for execution, as well as confirmation of conclusion of the Sales Agreement. Upon the Customer's receipt of the abovementioned 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 Terms and Conditions available on the Online Store's website and (2) by sending an e-mail to the Customer, referred to in item 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Online Store of the Seller.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1 The Seller offers to the Customer the following payment methods available under the Sales Contract:
4.1.1 Electronic payments via dotpay.pl - possible current payment methods are specified on the Online Store website in the information tab concerning payment methods and on the DotPay website - Dotpay Sp. z o.o. based in Kraków, at 72 Wielicka Street, 30-552 Kraków, NIP 6342661860, REGON 240770255, entered into the Register of Entrepreneurs under the number KRS 0000700791, kept by the District Court Kraków-Downtown in Krakow, XI Commercial Division of the National Court Register, share capital PLN 4,000,000.00, paid up capital PLN 4,000,000.00
4.1.2 Payments by Visa and Mastercard via dotpay.pl.
4.1.3 Traditional transfer to the account of the company Que Calor Dagmara Godzik. The account number will be given on the last page of the order and in the e-mail confirming the order.
4.2 Payment deadline:
4.2.1 The Customer is obliged to make the payment within 7 calendar days from the date of signing of the Sales Agreement.
5. COSTS, METHODS AND DATE OF DELIVERY AND RECEIPT OF THE PRODUCT
5.1 Receipt of the Product is possible upon presenting a personal ID card on 5-7 July 2019 during opening hours of the Festival Office (ul. Reymonta 22, Cracow) – detailed information is available at www.quecalor.pl
6.1 The basis for and the scope of liability of the Seller towards the Customer, if the sold Product has a physical or legal defect (warranty), are determined in accordance with commonly applicable regulations, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code).
6.2 The Seller is obliged to deliver to the Customer a Product without defects. Detailed information regarding the Seller's liability under Product defects and the Customer's rights is provided on the Online Store's website in the tab "Complaints".
6.3 A complaint may be submitted by the Customer in electronic form by e-mail to the following address: firstname.lastname@example.org
6.4 The complaint description should include: (1) information and circumstances regarding the object of the complaint, in particular the type and date of the defect; (2) the requested method of making the Product compliant with the Sales Agreement or a statement on reduction in the price or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and accelerate complaint examination by the Seller. Requirements specified in the previous sentence have only the form of a recommendation and do not affect effectiveness of complaints submitted without the recommended complaint description.
6.5 The Seller shall immediately reply to the Customer's complaint, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer has requested replacement of an item or removal of a defect or has submitted a statement on a reduction in price, specifying the amount, by which the price is to be reduced, and the Seller has failed to respond to this demand within 14 calendar days, it shall be deemed that the Seller has considered this request reasonable.
6.6 The Customer, who exercises his/her rights under the warranty, shall be obliged to deliver the defective Product to the following address: Na Wzgórzach Street 18, 34-120 Andrychów. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, while in the case of a Customer who is not a consumer, the cost of delivery of shall be borne by the Customer. If, due to the type of Product or the manner of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the Product's location.
7. OUT-OF-COURT METHODS OF EXAMINATION OF COMPLAINTS AND PURSUIT OF CLAIMS, AS WELL AS PRINCIPLES OF ACCESS TO THESE PROCEDURES
7.1 Detailed information regarding the possibility of a Customer who is a consumer using out-of-court methods of examination of complaints and pursuit of claims, as well as principles 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 Under the President of the Office of Competition and Consumer Protection operates also a contact point (phone no.: 22 55 60 333, e-mail: email@example.com, or mail address: Pl. Powstańców Warszawy 1, Warsaw), tasked, among others, with assisting consumers in cases concerning settlement of consumer disputes out of court.
7.3 The consumer has the following exemplary possibilities to use out-of-court methods of examination of complaints and pursuit of claims: (1) an application for dispute settlement to the permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the Voivodeship Trade Inspector (more information on the website of the inspector competent for the place of business operations of the Seller); and (3) assistance of the county (municipal) consumer advocate or a social organisations, the statutory tasks of which include consumer protection (among others, the Consumer Federation, the Association of Polish Consumers). Advice is given, among others, by e-mail at firstname.lastname@example.org and under the consumer helpline number 801 440 220 (helpline open on Business Days, between 8:00 AM - 6:00 PM, connection fee according to operator's tariff).
7.4 At http://ec.europa.eu/consumers/odr Customers can access the platform for the online resolution of disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs pursuing out-of-court settlement of a dispute concerning contractual obligations resulting from an online sales agreement or a service agreement (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
8.1 A consumer who concluded a remote agreement may withdraw from it within 14 calendar days without giving a reason and without sustaining any costs, except for of the costs specified in item 8.8 of the Terms and Conditions. To meet the deadline, it is enough to send a statement on withdraw before the deadline's expiry. The statement on withdrawal from the agreement may be submitted, for example, in electronic form by e-mail to the following address: email@example.com
8.2 Template of a withdrawal form is included in Annex no. 2 to the Act on Consumer Rights, and is additionally available at the Online Store in the tab "Returns". A consumer may make use in the form template, but it is not mandatory.
8.3 The term for withdrawal from the agreement commences:
8.3.1 for an agreement, under which the Seller issues a Product, being obliged to transfer its ownership (e.g. a Sales Agreement) – from taking possession of the Product by the consumer or a third person indicated thereby other than the carrier, and in the case of an agreement which: (1) covers multiple 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 throughout the indicated period – from taking possession of the first Product;
8.3.2 for other agreements – from the date of signing the agreement.
8.4 In the case of withdrawal from a remote agreement, the agreement is deemed not concluded.
8.5 The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statements on withdrawal, return to the consumer all payments made by the consumer, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest ordinary method of delivery available in the Online Store). The Seller shall return payments using the same payment method as the one used by the consumer, unless the consumer expressly agrees to a different method of return, which does not involve any costs for the consumer. In the case of payments made by a payment card, the money shall be returned to the bank account assigned to the card used to make the payment. If the Seller has not offered taking the Product from the consumer itself, the Seller may withhold the return of payments received from the consumer until receiving the Product back or until the consumer provides evidence of its sending back to the Seller, whichever comes first.
8.6 The consumer is obliged to immediately, no later than within 14 calendar days from the date of his/her withdrawal from the agreement, return the Product to the Seller or transfer it to a person authorised by the Seller to receive the Product, unless the Seller offered taking the Product from the consumer itself. In order to observe the deadline, it is enough to send the Product prior to its expiry. The Consumer may return the Product to the following address: ul. Kluczborska 15/9, 31-271 Cracow.
8.7 The consumer shall bear liability for reduction in the Product's value resulting from its use in a manner exceeding the use necessary to identify the nature, features and functioning of the Product.
8.8 Possible costs related to withdrawal from of the agreement by the consumer that the consumer is obliged to bear:
8.8.1 If the consumer has selected a method of delivery of the Product other than the cheapest ordinary method of delivery available at the Online Store, the Seller is not obliged to refund any additional costs incurred by the consumer.
8.8.2 The Consumer shall bear direct costs of return of the Product.
8.8.3 In the case of a Product that is a service, the provision of whish - upon a clear request of the consumer - has begun before the deadline for withdrawal from the agreement, the consumer who exercises the right of withdrawal after reporting such a request is obliged to pay for the services provided until withdrawal from the agreement. The amount of payment is calculated in proportion to the scope of the service provided, taking into consideration the price or remuneration agreed in the agreement. If the price or remuneration are excessive, the basis for calculation of this amount is the market value of the service provided.
8.9 The consumer is not entitled to the right of withdrawal from a remote agreement in the case of agreements:
8.9.1 (1) for provision, in a strictly defined period of time, of services with regard to accommodation, transport, entertainment, catering; (2) in which the price or remuneration depends on fluctuations on the financial market, which the Seller does not control, and which may occur before the deadline for withdrawal from the agreement; (3) in which the object of provision is a non-prefabricated Product, manufactured according to the consumer's specification or used to satisfy his/her individual needs, e.g. leggings, t-shirts from a limited series; (4) in which the object of provision is a Product liable to deteriorate or expire rapidly; (5) in which the object of provision is a Product delivered in a sealed packaging, which cannot be returned after opening the packaging for reasons related to health protection or hygiene, if the packaging has been opened after delivery; (6) in which the object of provision covers Products that, due to their nature, are inseparably combined with other items after delivery; (7) in which the object of provision covers alcoholic beverages, the price of which has been agreed when concluding the Sales Agreement, which may be delivered no sooner than after 30 days, and the value which depends on fluctuations on the market, which the Seller does not control; (8) in which the consumer expressly requested the Seller to come to his/her place to conduct urgent repair or maintenance works; if the Seller additionally provides services other than the ones requested by the consumer, or delivers Products other than spare parts necessary for repair or maintenance works, the consumer shall be entitled to the right of withdrawal in the case of additional services or Products; (9) in which the object of provision covers sound or visual recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery; (10) for supply of journals, periodicals or magazines, except for a subscription agreement; (11) concluded by way of a public auction; (12) for provision of services within the scope of accommodation, for purposes other than residential, transport of things, vehicle rent, catering, services related to recreation, entertainment events, sports events or cultural events, if the agreement specifies the day or period of service provision; (13) for supply of digital contents, which are not recorded on a tangible carrier, if the provision has begun with an express consent of the consumer before the deadline for withdrawal from the agreement and after informing the consumer by the Seller about loss of the right of withdrawal.
9. PERSONAL DATA IN THE ONLINE STORE
9.1 The administrator of the personal data of the Service Users / Clients collected via the Online Store is the Seller.
9.2 Personal data of Service Users / Clients collected by the administrator via the Online Store are collected - in accordance with the will of the Service User/ Client - for the purpose of implementing the Sales Agreement or contract for the provision of Electronic Services, as well as to send information about new products.
9.3. Possible recipients of personal data of Clients of the Online Store:
9.3.1 In the case of a Client who uses the Online Store with the method of delivery by post or courier, the Administrator provides the Customer's personal data collected to a selected carrier or intermediary performing the shipment at the request of the Administrator.
9.3.2 In the case of a Client who uses the Online Store with the method of electronic payments or with a payment card, the Administrator provides the collected personal data of the Client to the selected entity servicing the above payments in the Online Store.
9.4. The Service User/ Client has the right to access their data and correct them. The request in this respect can be made, for example:
9.4.1 in writing to the following address: 34-120 Andrychów, 18 Na Wzgórzach Street;
9.4.2 in electronic form via e-mail to the following address: firstname.lastname@example.org
9.5 Providing personal data is optional, but failure to provide the personal data required in the Regulations to conclude a Sales Agreement or an agreement for the provision of Electronic Services results in the inability to conclude this contract. The data necessary to conclude a Sales Agreement or an agreement for the provision of Electronic Services are also indicated on the website of the Online Store each time before concluding a given contract.
10. FINAL PROVISIONS
10.1 Agreements concluded via the Online Store are concluded in Polish or in English.
10.2 Any change in the Terms and Conditions:
10.2.1 The Service Provider reserves the right to introduce changes to the Terms and Conditions for important reasons, namely: changes in legal regulations; change in payment and delivery methods - to the extent, to which these changes affect execution of the provisions of these Terms and Conditions.
10.2.2 In the case of concluding continuous agreements (e.g. for provision of Electronic Service – Account) on the basis of the present Terms and Conditions, changed Terms and Conditions are binding for the Service User, if the requirements specified in Articles 384 and 384  of the Civil Code are observed, namely the Service User has been properly notified about the changes and has not terminated the agreement within 14 days from the day of notification. When a change in the Terms and Conditions results in the introduction of any new fees or in an increase of the present ones, the Service User who is a consumer has the right to withdraw from the agreement.
10.2.3 In the case of concluding agreements other than continuous agreements (e.g. a Sales Agreement) on the basis of the present Terms and Conditions, changes in the Terms and Conditions shall in no way violate the acquired rights of Service Users/Customers who are consumers before the effective date of the changes to the Terms and Conditions, in particular changes in the Terms and Conditions shall not affect Orders already submitted or Orders being submitted, as well as concluded or executed Sales Agreements or Sales Agreements in progress.
10.3 In any cases not regulated in these Terms and Conditions, the commonly binding Polish legal regulations shall apply, in particular: the Civil Code; the Act on Electronic Provision of Services of 18 July 2002 (Journal of Laws Dz. U. of 2002, no. 144, item 1204, as amended); for Sales Agreements concluded since 25 December 2014 with Customers who are consumers - provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws Dz. U. of 2014, item 827, as amended); and other relevant regulations of the commonly binding law.