Table of Contents
The online store operating at www.fcom.pro is run by FCOM Sp. z o. o. with its registered office in 43-502 Czechowice-Dziedzice at ul. Węglowa 14, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under KRS number 0000813044, with share capital of PLN 210,000.00, NIP: 638 183 96 70, REGON 384892624.
- Regulations – these regulations with attachments, specifying the rules for concluding distance sales contracts via the Online Store, the rules for the performance of these contracts, the rights and obligations of the parties to the distance sales contract and the rules for complaint proceedings. In the scope of services provided electronically, the Regulations and its attachments are respectively the regulations referred to in article 8 of the Act on the provision of electronic services. All appendices constitute an integral part of the Regulations, unless explicitly stated otherwise.
- Customer – a natural person with full legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which concludes a distance contract with the Seller. When the Customer is not a natural person, it is presumed that he is represented by a representative authorized to represent the Customer under applicable law.
- Consumer – a consumer within the meaning of article 34 / 5000 Wyniki tłumaczenia 22 with index 1 of the Polish Civil Code.
- Individual entrepreneur – a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
- Online Store – a website run by the Seller, available at the electronic address www.fcom.pro through which the Customer can obtain information about the Product and its availability and purchase the Product.
- Distance sales contract – a contract for the sale of the Goods concluded via the Online Store.
- Goods / Product – a movable item that can be purchased by the Customer in the Online Store. All goods offered in the Online Store are brand new, free from physical and legal defects. All goods have been legally placed on the Polish market.
- Prices – all prices listed on the Seller’s websites are given in Polish zlotys (PLN), are gross prices (i.e. they include all components such as duties and taxes, including VAT). The binding price for the parties is the price at which the customer ordered the goods in the order. The given prices of goods do not include the cost of delivery, which depends on the method of its implementation.
- Seller – FCOM Sp. z o. o. with its registered office in 43-502 Czechowice-Dziedzice at Węglowa 14 street, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Bielsko-Biała, 8th Commercial Division of the National Court Register under number KRS 0000813044, with share capital of PLN 210,000.00, NIP: 638 183 96 70, REGON 384892624.
- Content – any information, data, elements, materials, algorithms, diagrams, works, markings, logos, names, signs, symbols, descriptions and photos of the Goods from the Seller or its partners, regardless of their nature, format and method of recording or presentation.
- Account – a set of data stored in the Online Store and in the Seller’s ICT system regarding a given Customer and orders placed by him and concluded contracts, with the use of which the Customer may place orders and conclude contracts.
- Seller’s Service – a service provided by the Seller or a subcontractor: (e.g. Delivery of the Goods).
- Newsletter – information, including commercial information within the meaning of the Act of 18 July 2002. on the provision of electronic services (i.e. Dz.U.2013.1422 z późn. zm.) from the Seller, sent to the Customer by electronic means, by or on behalf of the Seller.
- Shopping without registration – an additional service created by the Seller for the Customer, enabling the purchase of products from the Seller’s assortment without the need to register in the Seller’s online store.
- Correcting Invoice – a document issued when, after the invoice has been issued and the contract has been performed, the amount due and the tax amount have changed (e.g. due to the Customer’s withdrawal from the contract).
- Types and scope of services provided electronically:
- concluding online sales contracts – for goods sold in the Online Store, including electronic licenses,
- keeping a customer account,
- sending e-mail messages,
- adding opinions, comments and ratings – the buyer can add an opinion or comment to his transaction,
- sending e-mails in which the Seller confirms the receipt of the order, possible receipt of payment, acceptance of the order for execution, the course of the contract, the course of the complaint and requests for opinions, comments and ratings.
III. Tax documentation of purchases
- VAT invoices are issued for all ordered goods in the Online Store. Pursuant to the provisions of the Act of March 11, 2004 on tax on goods and services (uniform text: Journal of Laws of 2011 No. 177 item 1054) and the Regulation of the Minister of Finance of December 3, 2013 on invoicing (Journal of Laws of 2013, item 1485), the customer’s signature – as the buyer of the goods – is not a mandatory element of the content of the VAT invoice. In this case, the buyer only receives the original invoice.
- In accordance with the provisions of the Act of March 11, 2004. on tax on goods and services (consolidated text: Journal of Laws 2011 No. 177 item 1054), the Buyer accepts the issuing and sending of invoices and Correcting Invoices in electronic form. The consent to receive invoices and Correcting Invoices in electronic form is tantamount to resignation from receiving them in paper form. The Customer may withdraw consent to receive invoices and Corrective Invoices electronically by sending a written request to the Seller’s electronic postal address (firstname.lastname@example.org).
- After receipt of the Goods by the Seller, in the event of withdrawal from the Distance Sales Agreement by the Consumer or Individual Entrepreneur and in the event of a refund in connection with a recognized complaint, a Corrective Invoice (electronic invoice) will be sent to the Customer’s e-mail address.
- The customer may not post in the online store or provide content to the seller, including opinions and other illegal data.
- The Customer gains access to the Account after registration.
- As part of registration, the Customer provides the first name, last name and e-mail address and chooses a password. The customer can also provide his mobile phone number. The customer ensures that the data provided by him in the registration form are true. Registration requires that you read the Regulations carefully and indicate on the registration form that the Customer has read the Regulations and fully accepts all its provisions.
- At the moment of enabling the Customer to access the Account, an agreement for the provision of electronic services regarding the Account is concluded between the Seller and the Customer for an indefinite period. The consumer or individual entrepreneur may withdraw from this contract on the terms set out in the Regulations.
- The content published on the website of the Online Store, including descriptions of goods and prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
- In order to submit an offer to purchase goods, the Customer should place an order. The order is made by filling in the appropriate form on the Online Store website and clicking the button marked: “Buy and pay”.
- In order to place an order, the customer should have an account or choose the option to purchase without registration.
- To make a purchase without registration it is necessary:
- Accepting the Regulations of the online store
- Providing the data necessary to perform the order (i.e. e-mail address, telephone number, address for shipping the goods, name and surname or tax identification number in the case of purchase of the goods by the entrepreneur).
- The customer ensures that the data provided by him in the order form are true. Placing an order requires that you read the regulations carefully and indicate in the order form that you have read its content and fully accept its provisions.
- Registering an Account on one of the websites of the Online Store means at the same time registration enabling access to other websites where the Online Store is available.
- The customer places an order through an interactive form available on one of the pages of the Online Store. The order specifies, among others what goods, at what price and in what quantities the customer wants to order to the location indicated by him.
- After the order has been correctly placed by the customer, the seller will send information about the order to the customer’s e-mail address. This information is not a confirmation of the acceptance of the Customer’s offer. It is only information that the Seller has received the order.
- Then, the Seller verifies whether the order can be accepted for execution.
- If the Seller accepts the Customer’s order, he sends him information by e-mail about the approval of the order for execution. Upon receipt of such a declaration by the Customer, a Distance Sale Agreement is concluded between the parties.
- If the Customer is a Consumer, the Seller will confirm the conclusion and the agreed terms of the Distance Sale Agreement on a durable medium no later than by the time of delivery of the goods.
- An order in the Seller’s Online Store can be placed via the IT system (websites) of the Online Store.
VI. Prices and methods of payment
- The Seller, at the latest immediately before placing the order, informs the Customer about the total price of the goods and any additional charges, including for transport, additional services, payment costs, etc.
- At the beginning of the ordering process, the Seller informs the Customer about the available payment methods.
- If an additional cost is associated with a given payment method, the Seller informs the Customer about it at the latest immediately before placing the order by the Customer.
- The Seller informs the Customer about the payment date via the ICT system.
- Payment for the goods can be made in the manner selected at the time of ordering.
- Payment in the online store can be made in one of the following ways:
- Payment by bank transfer to the Seller’s bank account.
- Payment on delivery (credit card/cash).
- Cash on delivery upon delivery.
- Płatność za pośrednictwem Systemu płatności internetowych – Przelewy24, których operatorem jest PayPro S.A. z siedzibą w Poznaniu przy ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Poznań, VIII Department Commercial Register of the National Court Register No. KRS 0000347935, NIP: 779-236-98-87, REGON: 301345068.
- Payment via Electronic Wallet – PayPal, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulevard Royal L-2449 Luxembourg, Trade Register Number: R.C.S. Luxembourg B 118 349.
- Payment with payment cards operated by PayPro S.A. with its registered office in Poznań at ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Poznań, 8th Division Commercial Register of the National Court Register with KRS number 0000347935, NIP: 779-236-98-87, REGON: 301345068.
VIII. ORDER PROCESSING (DELIVERY OF GOODS)
- The Customer will be informed about possible delivery methods via the order form or electronically.
- Products are delivered in accordance with the method indicated by the Customer in the order form:
- by DPD courier (in Poland)
- to the InPost parcel locker (in Poland)
- personal collection at the Seller’s office
- by DHL Express courier (shipping outside of Poland)
- The delivery cost depends on the number of products ordered:
- DPD courier (in Poland) – from 15.99 PLN gross
- DPD courier COD (in Poland) – from 20.28 PLN gross
- InPost parcel locker (in Poland) – from 13.15 PLN gross
- InPost parcel locker (Parcel on Weekend) (in Poland) – from 18.51 PLN gross
- DHL Express courier (shipping outside of Poland) – from 150.00 PLN gross
- The exact delivery cost will be presented on the order form, after the Customer has indicated the number of items and the delivery address.
- In the event that the Customer fails to collect the goods in a parcel locker or from the courier (which will result in the return of the goods to the Seller), the Seller may withdraw from the Sales Agreement. Withdrawal from the contract takes place by submitting to the Customer a declaration of will to withdraw. In this case, the order will be considered canceled.
- In the situation specified in point 5, the Seller is obliged to immediately return to the Customer everything he received from him under the Sales Agreement.
- If you choose payment in the form of payment in advance to the account, E-transfer / credit card – payment via the Internet, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the sales contract.
- If the Customer fails to make the payment within the deadline specified in point 7, the Seller may withdraw from the Sales Agreement. Withdrawal from the contract takes place by submitting a declaration of will to withdraw by e-mail to the e-mail address provided by the Customer. In this case, the sales contract will be considered null and void and the order will be canceled. In such circumstances, neither the Customer nor the Seller will be obliged to provide any benefits to each other, in particular the payment of compensation or its substitute, reimbursement of costs, etc.
- If the Seller fails to fulfill the obligation within the period specified in the e-mail correspondence addressed to the Consumer, the Consumer may also withdraw from the Distance Sale Agreement. Withdrawal from the contract takes place by submitting a declaration of will to withdraw to the Seller.
IX. Withdrawal from the contract / Return policy
- Only the Customer who is a Consumer or an Individual Entrepreneur has the right to withdraw from the contract without giving any reason.
- A consumer or an individual entrepreneur who has concluded a distance contract via the Online Store may withdraw from it within 14 days without giving a reason and incurring costs, except for the costs indicated below, provided that he was properly informed about the need to bear them during the ordering process.
The possibility of withdrawing from the contract does not apply to Orders of Colored Products (point 3).
The statutory exceptions to the right of withdrawal that may apply are set out in section IX. paragraph 11 below.
- The Customer cannot return goods that have been tailored to his needs on an individual order, i.e. when the Product has been colored in accordance with the order placed by the Customer.
- The consumer is obliged to return the item to the Seller or hand it over to the person authorized by the Seller for collection immediately, but not later than 14 days from the date on which he withdrawn from the contract, unless the Seller has offered to collect the item himself. To meet the deadline, it is enough to return the items before its expiry.
- The buyer bears the direct costs of returning the goods in connection with the withdrawal from the contract.
If the Consumer or an individual Entrepreneur submitted a declaration of withdrawal before the Seller accepted his offer, it ceases to be binding.
- The period for withdrawing from the contract of sale of goods begins on the day on which the Consumer or an individual entrepreneur or a person other than the carrier designated by him came into its possession (in the case of selling many things – the last of them), and in the case of other contracts from the day of their conclusion.
- In order to exercise the right of withdrawal, the Consumer or an individual entrepreneur should submit a statement to the Seller in this regard. To meet the deadline, it is sufficient to send the statement before its expiry. The Consumer or Individual Entrepreneur may submit a declaration of withdrawal from the contract by sending a completed and signed form to the address of the Seller’s registered office, or in the form of a scan to the seller’s e-mail address: email@example.com.
- The Seller shall immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract on a durable medium.
- Upon withdrawal from the contract, the related additional contracts concluded by the Customer expire, if on their basis the service is provided by the entrepreneur or a third party on the basis of an agreement with the entrepreneur.
- The right to withdraw from the contract is not entitled to the customer in relation to the contracts referred to in art. 38 of the Act on consumer rights, including, inter alia, contracts:
- where the subject of the service is a non-prefabricated item, manufactured according to the Customer’s specifications or serving to meet his individual needs;
- for which the subject of the service is an item 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;
- in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery;
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer or Individual Entrepreneur, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract;
- Regardless of the confirmation of the Correcting Invoice, no later than within 7 working days from the date of issuing the Correcting Invoice, the Seller is obliged to return to the Consumer all payments made by him, including the cost of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard delivery method available in the Online Store).
- The Seller refunds the payment using the same method of payment as used by the Consumer or Individual Entrepreneur, unless he expressly agreed to a different method of return, which does not involve any costs for him.
- The Consumer or Individual Entrepreneur is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary (at the discretion of the Seller) to establish the nature, characteristics and functioning of the product. Exceeding the above limits does not make the withdrawal ineffective.
- All complaints regarding the functioning of the Online Store, including matters relating to services provided electronically and contracts concluded through it, can be sent to the following e-mail address: firstname.lastname@example.org. Complaints may also be submitted in writing to the address of the Seller’s registered office.
- When submitting a complaint, it is advisable for the Customer to describe the noticed defect and specify his request. At the time of submitting a complaint under the warranty, proof of purchase of the goods in the Online Store (invoice) must be presented.
- The difference in the color of the Product visible on the monitor screen and the color of the Product in reality cannot be the basis for a complaint of the purchased Goods, as it results from the individual settings of the computer or monitor of the Customer.
- When submitting a complaint, it is advisable for the Customer to describe the noticed defect and specify his request. At the time of submitting a complaint under the warranty, proof of purchase of the goods in the Online Store (invoice) must be presented.
- If the data or information provided in the complaint need to be supplemented, the Seller will immediately request the Customer to supplement them in the indicated scope. Along with this notification, the Customer will be sent information on how to supplement the deficiencies in the complaint.
- Complaints under the warranty are recognized within 14 days from the date of delivery of the goods to the Seller and the declaration containing the Buyer’s requests. The above deadline does not apply to the complaint, in connection with which the customer wants to withdraw from the contract. The Customer will be informed about the result of the complaint by the Seller by e-mail or in writing, depending on the method of submitting the complaint.
XI. Consequences of withdrawing from the contract of sale of goods
- The Seller, within 14 days from the date of receipt of the declaration of withdrawal from the contract of sale of goods and after accepting the goods, will return to the Customer all payments made by him, including delivery costs corresponding to the cheapest method of delivery offered by the Seller, if applicable. The reimbursement will be made using the same method of payment as used by the customer, unless the customer expressly agrees to a different method of return, which does not involve any costs for him.
- The Seller may propose to the Customer that he will pick up the item himself, if the Seller has not made such an offer to the Customer:
- The Customer will return the item to the Seller (or a person authorized by the Seller to collect it) immediately, but not later than 14 days from the date on which he withdrew from the contract, unless the Seller proposed that he would pick up the item himself. To meet the deadline, it is enough to return the items before its expiry.
- If the Seller has not offered to collect the returned goods himself, the Customer should return the goods by sending them to the address indicated in the e-mail correspondence from the Seller for the Customer’s notification.
- The Seller may withhold the reimbursement of payments received from the Customer until receipt of the item back or until the Customer provides proof of its return, depending on which event occurs first.
- The Customer bears the direct costs of returning the Goods (including the cost of delivering it to the Seller) and is responsible for reducing its value resulting from using it in a different way than was necessary (at the Seller’s discretion) to establish the nature, characteristics and functioning of the Good.
XII. Responsibility for defects in the goods and for their compliance with the contract and complaint procedures
- Before collecting the parcel from the parcel locker or from the courier, check that the packaging has not been damaged during transport. In particular, pay attention to the condition of the tapes attached to the package. In the event that the packaging of the parcel is damaged or the tapes are broken, do not accept the parcel and contact the Seller as soon as possible to clarify the matter. The seller is liable to the customer if the sold product has a physical or legal defect (warranty), on the terms set out in the Civil Code. In the case of sale being a sale between entrepreneurs, the provisions on warranty contained in the Civil Code are excluded.
- The Seller is obliged to deliver goods without defects and, in relation to Consumers and Individual Entrepreneurs, is responsible for their defects on the terms set out in art. 556 and following of the Civil Code (warranty for defects).
If the Customer is not a Consumer or an individual Entrepreneur:
- liability under the warranty for physical defects of the goods is excluded (Article 558 et seq. of the Civil Code);
- the Seller’s liability covers only the actual damage;
- the Seller’s liability is limited to the value of the order;
- The seller is not responsible for the actions and omissions of third parties, including mail providers, Internet services, etc.
- The Customer who is not a Consumer or an Individual Entrepreneur is obliged to examine the Goods within 2 calendar days from the date of its receipt, in order to verify the compliance of the Goods with the sales contract (i.e. the completeness of the order and the quality of the delivered Product) and report any objections to the Seller within the above deadline. A customer who is not a Consumer and who has not raised objections within the indicated period loses the right to refer to them in the future.
- The benefits and burdens, along with the risk of accidental loss or damage to the Goods, are transferred to the Customer who is not a Consumer, upon entrusting it by the Seller to a carrier (courier company) engaged in the transport of this type of goods, in order to deliver it to a Customer who is not a Consumer. In such a case, the Seller shall not be liable for the actions or omissions of the carrier (courier company), in particular for the loss, defect or damage to the Product arising from the moment the Product is accepted for transport until it is delivered to the Customer who is not a Consumer, as well as for delay in transporting the shipment. The seller will refund the payment using the same method of payment as used by the buyer, unless he has expressly agreed to a different method of return that does not involve any costs for him.
XIII. Content and opinions
- The customer declares that:
- he is not entitled to any rights, including copyright or related rights to the content, apart from the right to use it in the manner specified in the Regulations and beyond the rights to the content, including opinions posted by him. The customer is not entitled to any recording, reproduction, sharing, publication or dissemination of content, unless such permission results from the provisions of law or the Regulations.
- is not entitled to any interference in the content, in particular is not entitled to interfere with the content, structure, form, graphics, mechanism of operation or other elements of the Online Store; may not make any changes, additions, modifications or other actions to the content beyond those expressly permitted under these Regulations.
- The Customer acknowledges that the Content, including, for example, advice, advice and guidance will not replace advice and guidance provided by an expert or other competent person, after a detailed analysis of a specific case and all its circumstances.
- By posting content in the Online Store, including in particular photos and opinions that constitute works (within the meaning of the Act of February 4, 1994 on copyright and related rights), the Customer grants the Seller a non-exclusive and free license to use for an indefinite period by the Seller with these works, which includes, in particular, the public sharing of the work in such a way that everyone can have access to it at a place and time chosen by them (Internet). The license is granted for all fields of use known at the time of granting the license, in particular for the following fields of use:
- in the scope of recording and multiplying the work – production of copies using a specific technique, including in particular digital or sound technique, i.e. using all techniques on any audiovisual or audio medium, in particular on all forms of photosensitive, magnetic, analog, IT, digital, multimedia, video, audiovisual discs, cassettes, compact discs, computer discs, multimedia networks (including internet, intranet and related on-line services) and reproduction, recording, use on the Internet, television, radio, advertising, reproduction in the form of electronic recording in computer memory and in internal and external networks
- in the scope of trading in the original or copies on which the work was recorded, placing on the market, lending or rental of the original or copies;
- using the whole or fragments or any elements of the work in all publications, in the press, in book, album, digital publications, including Internet, in bulletins and guides, alone or in combination with other works or fragments of works; using in whole or in part for promotion and advertising, in particular in the form of audiovisual, audio, media advertisements,
- in the scope of dissemination of the work in a manner other than specified in points 2 and 3 above – public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and time by chosen oneself.
- In addition, the Customer agrees not to post Reviews that contain links to external websites of a promotional or advertising nature or contain data of third parties.
- The Customer agrees to receive a one-time notification to the e-mail address indicated in the order, the purpose of which is to remind about the possibility of adding an opinion about the service and the purchased Product in the Online Store.
- The customer may agree to receive commercial information by electronic means by selecting the appropriate option in the registration form or at a later date in the appropriate tab. In the event of such consent, the Customer will receive the information (Newsletter) of the Online Store, as well as other commercial information sent by the Seller to the e-mail address provided by him.
- The Customer may at any time unsubscribe from the Newsletter on his own by checking the appropriate box on his Account page, clicking the appropriate link in the content of each Newsletter or via the Customer Service Office.
- The Seller provides the ICT space for the needs of the Customer, is not the initiator of content transmission, does not select Customers, does not delete or modify the content, and does not investigate whether the content is unlawful.
- If the Seller receives a notification about the unlawful nature of the content, the Seller will take action to block access and / or remove such content, in accordance with applicable law.
XVI. Prohibited Activities and Access Blocking
- Any activities that are not explicitly permitted by the Regulations are prohibited, in particular:
- which would destabilize the work of the Seller, make it difficult to access or use the Online Store or its content;
- publishing spam and unsolicited commercial information
- use of viruses, bots, worms or other computer codes, files or programs (in particular, those that automate the processes of scripts and applications or other codes, files or tools);
- taking other actions to the detriment of the Seller, Customers or threatening their rights or interests.
- The Seller has the right to block the Customer’s access to an individual account on the Online Store’s website or some of its functionalities in the event that:
- The Customer uses the Online Store in a manner inconsistent with applicable law, morality, principles of social coexistence or violates the provisions of the Regulations;
- The customer will post illegal content.
XVII. Personal data
- Subject to the Regulations, the Administrator of the data provided by the Customer as part of registration or placing an Order is the Seller.
- The data will be processed in order to implement the contract for the provision of services by the Seller and distance sales contracts, to fulfill other legally justified purposes of data administrators or recipients and the purposes for which the Customer agrees (including marketing purposes).
- The customer has the right to access the data and to correct it. Data is provided on a voluntary basis.
XVIII. Final Provision
- The customer may terminate the contract for the provision of electronic services at any time with immediate effect, informing the Seller about it by e-mail or in writing to the address of the Seller’s registered office. The Customer’s account in the Online Store will be deleted.
- The Seller has the right to terminate the contract for the provision of services regarding the Account in the event of cessation of the provision or transfer of the Seller’s e-shops service to a third party, breach by the Customer of the law or the provisions of the Regulations, and in the event of the Customer’s inactivity for a period of 6 months. The contract is terminated with a seven-day notice period. The Seller may stipulate that re-registration of the Account will require the consent of the Seller.
- In the event of a change or cancellation of any of the provisions of these Regulations by a decision of a competent authority or court, the remaining provisions shall remain in force and bind the Seller and the Customer.
- The law applicable to the resolution of any disputes related to the Regulations is Polish law. These disputes will be resolved by a locally competent common court. The Customer who is a Consumer may also use out-of-court methods of dealing with complaints and pursuing claims. These include: in the event of a dispute over property rights arising from sales and service contracts, submitting a request for the case to be heard by the Permanent Consumer Arbitration Court operating at the relevant Voivodship Inspectorate of Trade Inspection (e.g. http://www.katowice.wiih.gov .pl/p, 64, amicable-consumer-sad ); submitting a request to the Voivodship Trade Inspector in Krakow to take action to resolve the dispute out of court under the Act of 23 September 2016 on out-of-court resolution of consumer disputes, Journal Laws of 2016, item 1823, (e.g. https://www.katowice.wiih.gov.pl/p,163,spory-konsumenckie); Notwithstanding the foregoing, the Consumer may request assistance from the municipal (poviat) consumer ombudsman. All necessary information on out-of-court methods of dealing with complaints and pursuing claims can be obtained on the website of the Office of Competition and Consumer Protection at: www.uokik.gov.pl. At the same time, we would like to inform you that the indicated procedures are voluntary and both parties must agree to them.
- In the case of Customers who are not Consumers or individual Entrepreneurs, the jurisdiction lies with the court competent for the seat of the Seller.
- Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013. we would like to inform you that at http://ec.europa.eu/consumers/odr there is a platform for an online system for settling disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is a website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services.
- The Seller informs that the use of services provided electronically via the Internet is associated with risk. The basic threat to every Internet user, including people using electronic services, is the possibility of “infecting” the ICT system by various types of software created mainly to cause damage, such as viruses, “worms” or “Trojan horses”. To avoid the risks associated with it, it is important that the Service Recipient provide his equipment, which he uses when connecting to the Internet, with an anti-virus program and constantly update it by installing its latest versions. The seller also informs that he enters the following data, which are not a component of the content of the service provided electronically, to the IT system used by the recipient:
- The Online Store sends the buyer e-mails and SMS messages in which he confirms the receipt of the order, possible receipt of payment, acceptance of the order for execution and the course of the contract.
XIX. Product descriptions
- Product descriptions and photos come from manufacturers’ databases, own resources and widely available marketing materials. Any commercial use of product information from the websites of the Online Store is prohibited.
XX. Applicable law
- The information on the websites is only an invitation to conclude a contract within the meaning of the Polish Civil Code.
- In matters not covered by these regulations, the provisions of applicable law, including the provisions of the Civil Code, shall apply.