§1 GENERAL PROVISIONS
1. These Online Store Regulations (hereinafter referred to as the " Regulations ") define the rules of using the Online Store, including, inter alia, the submission and implementation of Orders, using the Customer Account, complaint procedure, rights related to withdrawal from the Sales Agreement.
2. The Terms and conditions shall be made available to Customer at the Store's website address, free of charge, prior to the conclusion of the Sales Agreement, in such a way as to obtain, reproduce and maintain the Terms and conditions through the Information and Communication System used by Customer.
3. The customer is obliged to comply with all the provisions of the Regulations. The sale takes place on the basis of the current version of these Regulations, i.e. the version that is binding and accepted by the Customer at the time of placing the Order.
4. The electronic contract for the provision of Customer Account Services specified in these Terms and conditions is subject to registration in the Online Store, with the review and acceptance of the Terms and conditions.
5. By entering into an electronic account service agreement with Customer, Reseller agrees to provide Customer with continuous access to Customer's account and to use the Online Store to the full extent, in accordance with the terms set forth in these Terms and conditions.
1. Whenever the Regulations refer to:
a. "Sellers" - it ought to be understood as PRAJO SHOP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Al. Krakowska 28a, 05-090 Janki, NIP 534 264 3382, REGON 389971216 e-mail firstname.lastname@example.org - which runs the Online Store and sells Goods through it;
b. "Client" - it should be understood as a person with full legal capacity, and in cases provided for by generally applicable law, a person with limited legal capacity, as well as a legal person or an organizational unit without legal personality, which the law grants legal capacity - using the Online Store, including the Customer Account created for it by the Seller;
c. "Consumer" - it ought to be understood as a Customer using the Online Store, in particular making purchases, that is not buying goods for business related activities such as reselling.
d. "Parties" - it should be understood jointly as the Seller and the Customer;
e. "Sales contract" - it ought to be understood as an Online Store contract, the subject of which is the sale of the Goods by the Seller to the Customer in accordance with the principles set out in the Regulations.
f. "Online Store" - it ought to be understood as the www.prajo.eu internet platform administered by the Seller, available on-line via the website www.prajo.eu , through which the Customer can purchase the Goods;
g. "Tele-information System" – refers to a set of interconnected it and software equipment which ensures processing and storage, and the transmission and receipt of data through telecommunications networks by means of telecommunications terminal equipment appropriate to the type of telecommunications network within the meaning of the Law of 16 July 2004 — Telecommunications Law (OJ L 2019, 2460, p. 1);
h. "Goods" - it ought to be understood as a movable item presented by the Seller in the Online Store, which may be the subject of a Sales Agreement. The photos of the Goods are for illustration purposes only; it means that the goods in the photos may slightly differ in their actual appearance due to the individual settings of the customer's computer equipment (e.g. color saturation, proportions)
i. "Customer Account" - it ought to be understood as an individual account created for the Customer as part of the provision of electronic services by the Seller, with the help of which the Customer accesses the Online Store and has the possibility, inter alia, to place Orders in a simplified manner;
j. "Electronic Address" - it ought to be understood as the designation of the Tele-information System that enables communication by means of electronic communication, in particular electronic mail;
k. "Price" - it ought to be understood as the gross value of the Goods expressed in PLN, including the tax on goods and services. The price does not include the cost of delivery, which depends on the method of delivering the Goods to the Customer, as well as the value and size of the Order, and is provided when selecting the method of delivery of the Goods by the Customer. The total cost of the Order (i.e. the price of the Goods together with other costs, including delivery costs) is indicated in the basket before the Customer places the Order;
l. "Personal Data" - it ought to be understood as information about an identified or identifiable person;
m. "Personal Data Administrator" - it ought to be understood as a Seller who, acting in this role alone or jointly with others, sets the purposes and methods of processing Personal Data;
n. "Regulations" - it should be understood as this document;
o. "GDPR" - it should be understood as REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 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 the repeal of Directive 95/46 / EC (general regulation on data protection) (Journal of Laws UE.L.2016.119.1 of 04/05/2016);
p. "Order" - it ought to be understood as the Customer's declaration of will submitted via the Online Store, specifying: the type and quantity of the ordered Goods; type of delivery; type and amount of payment; place of delivery of the item, customer data constituting an offer to conclude a Sales Agreement between the Customer and the Seller.
§3 GENERAL CHARACTERISTICS OF THE ONLINE STORE
1. The Online Store is run by the Seller.
2. The Online Store is not intended for wholesale. If the Customer wishes to purchase the Goods in wholesale quantities, the Customer should contact the Seller by e-mail by sending an inquiry to the Seller's Electronic Address: email@example.com. If the content of the Order placed via the Online Store it appears that the order is a wholesale Order, the Seller has the right to refuse the implementation of such an Order, informing the Customer about it through an appropriate message in the Online Store or by contacting the Customer on this subject.
3. Information about the Goods posted on the website of the Online Store does not constitute an offer within the meaning of the Civil Code, but an invitation to submit offers within the basis of Art. 71 of the Civil Code.
4. The display of information on the goods in the online shop does not imply that the goods are actually available from the Seller and that it is possible to order them
5. The goods presented in the Online Store may have a manufacturer's, importer's or Seller's warranty, which covers the territory of Poland. The warranty period for each Product is indicated in its description. Detailed conditions for the implementation of the guarantee are specified in the guarantee card issued by the guarantor.
6. The seller reserves the right to change the price of goods presented in the webshop, to introduce new goods into the offer, to remove goods from the offer or to change their description, to carry out promotional activities in the online store, in particular on the basis of the terms and conditions of the promotion in question. Changes made do not affect previously placed orders by the Customer.
7. The Seller ensures the availability of the Online Store to the Customer only on-line provided that the Customer has:
a. computer hardware with an operating system that allows the use of Internet resources,
b. connection to the Internet;
c. access to an individual e-mail account;
d. a correctly configured web browser in the latest official version with the option of handling cookies (e.g. Mozilla Firefox, Google Chrome, Safari, Opera)
8. Subject to other provisions of the Regulations, the Online Store is available to navigate by the Customer 24 hours a day, seven days a week.
9. The Seller reserves the possibility of the on-line unavailability of the Online Store for the Customer in order to ensure the security and stability of the Online Store for the purposes of repairs, maintenance, removal of errors, necessary adaptations, changes and other similar activities.
10. The Seller reserves the right to change the functionality of the Online Store, both by expanding it with new functions and changing the existing functionality.
§4 CUSTOMER ACCOUNT
1. The condition for the Customer to use the full range of functionalities of the Online Store is the acceptance of the provisions of the Regulations, free registration of the Customer Account in the Online Store and confirmation of this registration by the Seller.
2. Creating a Customer Account is not necessary to place an Order in the Online Store.
3. By registering the Customer Account and accepting the provisions of the Regulations, the Customer submits a declaration of will expressing consent to the electronic provision of Customer Account maintenance services in accordance with the provisions of the Regulations.
4. When registering a Customer Account, the customer must enter a login and password of his own and known only to himself. The customer is obliged to ensure that his login and password remain confidential, and not disclose it to unauthorized people.
5. In order to register the Customer Account, the Customer should:
1. complete the registration form located in the Online Store;
2. fill in all fields on the form marked with an asterisk as mandatory;
3. accept the Regulations.
6. The data entered into the registration form during registration of the Customer Account should relate to the Customer and should be true.
7. During the registration of the Customer Account, the confirmation of registration of the Customer Account in the Online Store will be sent to the Electronic Address indicated in the registration application, with a request to verify the data and complete the registration of the Customer Account. At that moment, an agreement is concluded for the electronic provision of the Customer Account service, and the Customer gains the ability to access the Customer Account and make changes to the data provided during registration.
8. The Seller may refuse to accept the registration of the Customer Account and end a contract for the provision of electronic services for important reasons.
§5 ORDERS AND THEIR IMPLEMENTATION
1. Orders can be placed via the electronic Order form available in the Online Store, 24 hours a day, 7 days a week.
2. The Customer may place an Order after logging in to the Customer Account or without an Account by providing the data indicated in the electronic Order form necessary to complete the Order.
3. In order to place an Order via the Online Store, the Customer adds the selected Goods to the basket by selecting the type and number of Goods and pressing the "ADD TO CART" button and taking other technical activities based on the messages displayed to the Customer, including the method of delivery and payment method. Then the Customer places an Order by sending an electronic Order form to the Seller by selecting the "Order with payment obligation" button on the website of the Online Store (or its equivalent). In order to place an Order, the Customer must first accept the provisions of the Regulations. In the summary of the Order, before its shipment to the Seller, the Customer receives information about the main features of the ordered Goods, the total cost of the Order, i.e. the Price for the selected Goods,
4. The Customer's submission of the order concludes a sales agreement to the seller for the goods in the order.
5. After placing the Order, the Seller sends information about the acceptance of the Order for execution to the E-mail address provided by the Customer. This information constitutes the Seller's declaration of acceptance of the offer, which is tantamount to the conclusion of the Sales Agreement by the Parties.
6. The price specified in the basket is binding and final at the time of placing the Order by the Customer.
7. For an Order placed in the Online Store, the Customer may pay:
a. On delivery - in the case of delivery of the Goods by courier or collection of the Goods personally by the Customer, or
b. in advance - by traditional transfer to the Seller's payment account 27 1090 2851 0000 0001 4883 6619 or by electronic payments and card payments via electronic payment operators.
8. The customer will be informed of the amount of the payment immediately prior to the payment, as well as the payment methods available and the payment provider details. Detailed rules for payment by electronic payment service providers are available on the operator's website.
9. In order to make a payment via the electronic payment operator, the Customer should follow the instructions provided by the electronic payment operator, to which he will be redirected from the Online Store, and immediately pay for the placed Order.
10. The Customer declares that he agrees to the use of electronic invoices in pdf format by the Service Provider and that does not require signatures of the parties. It is sent to them to the Electronic Address provided by the Customer. The Seller provides the Customer with an electronic invoice immediately after receiving the payment for the Order.
11. The Seller delivers the Goods only on the territory of the Republic of Poland, unless otherwise stated in the description of the given Goods.
12. By placing an Order, the Customer selects the method of delivery of the Goods. The goods may be delivered to the customer:
a. using a courier company,
b. otherwise indicated directly on the website of the Online Store.
13. The Seller places information on the number of working days needed to deliver the Goods using a specific delivery method in the Online Store.
14. When collecting the parcel with the Goods, the Customer should check its condition, and in the event of damage or breach of the packaging, it is recommended that the Customer draws up a damage report in the presence of the person issuing the Goods. The customer should immediately send the Seller a damage report along with any complaint.
15. The Seller has a maximum of 30 days to send the goods ordered. After this date has expired, Customer may cancel the order by submitting a cancellation statement to the Seller. In this case, Seller shall promptly return all payments back to the Consumer, including any delivery costs.
16. The Seller attaches to each delivered Order a confirmation of sale in the form of a VAT invoice or fiscal receipt. If the Ordering Party is a VAT payer and wants to receive an invoice, he should send the Seller relevant information about it, e.g. via e-mail immediately after the purchase, providing the necessary data.
§6 TERMINATION OF THE CONTRACT FOR THE PROVISION OF SERVICES
1. This chapter does not apply to Sales Agreements, but applies only to contracts for the provision of electronic services for maintaining a Customer Account.
3. The seller has the right to terminate the contract for the provision of electronic services at any time for important reasons with a 14-day notice period. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the Electronic Address indicated by the Customer in the Customer Account.
4. The contract for the provision of electronic services expires in the event of:
a. Customer's death or liquidation;
b. Liquidation of the Seller or the Seller's cessation of business activity.
§7 PROTECTION OF PERSONAL DATA
1. The Seller, as the Personal Data Administrator, makes every effort to ensure all possible means of physical, technical and organizational protection of Personal Data against errors, losses, alteration, unauthorized disclosures, in accordance with all applicable law, including RODO (GDPR).
1. The customer is obliged to use the Online Store in accordance with its purpose and refrain from any activity that could disrupt its proper functioning.
2. The customer is prohibited from introducing illegal content to the Online Store. The Customer is fully responsible for the correctness, completeness, and compliance with the legal provisions of the data entered and stored in the Customer Account.
3. To the extent permitted by law, the Seller is not responsible for:
a. blocking of administrators mail servers that handle the Customer's e-mail messages, the Seller's messages sent to the Customer's Electronic Address, and for deleting and blocking e-mails sent by the Seller by software installed on the computer equipment used by the Customer;
b. malfunction of the Online Store resulting from the fact that the Customer's computer hardware, software or Internet access do not meet the technical requirements specified in the Regulations;
c. consequences of providing incorrect or untrue customer data by the Customer when registering a Customer Account or placing an Order.
4. Subject to mandatory provisions of law, to the maximum extent permitted by law, the Seller's liability for damage caused to Customers who are not Consumers is limited to the amount that the Customer paid the Seller for the purchase of a given Good, regardless of the source and legal basis of the Customer's claim, and liability for lost profits is excluded.
§9 WITHDRAWAL FROM THE SALES CONTRACT
1. The consumer shall be entitled to withdraw from the contract of sale within 14 days of the receipt of the contract. This period shall begin to run:
a. From the placing of the goods in possession of a consumer or a third person designated by him other than the carrier
b. if the contract of sale covers a number of goods which are supplied separately, in lots or in parts
c. In the case of a contract of sale, the contract of sale shall consist in the regular delivery of the goods for a fixed period
d. For all other cases, from the date of conclusion of the sales contract.
1. In order to meet the deadline to withdraw from the contract of sale, it is sufficient for the consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.
2. In order to exercise the right to withdraw from the Contract of Sale, the Consumer is obliged to provide the Seller with a declaration of withdrawal, preferably to the Electronic Address firstname.lastname@example.org. If the Consumer uses this option, the Seller will immediately send the Consumer a confirmation of receipt of the information on withdrawal from the contract on a durable medium (for example by e-mail).
3. The declaration of withdrawal from the Sales Agreement may be formulated by the Consumer as follows (however, the following formula is not mandatory):
a. Statement of withdrawal from the Sales Agreement
Seller's name: PRAJO SHOP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Seller's address: Al. Krakowska 28a, 05-090 Janki
Seller's e-mail address: email@example.com
I / we (*) hereby withdraw from the contract for the purchase of the following Goods concluded by (e) me / us (*): ____________________________________________________
Ordered on (*) / received on (*) ____________________________________
Consumer's name and surname: ____________________________________________
Consumer's address: ____________________________________________________
Consumer's signature (s) (only for paper-based declarations): _______________________
(*) delete as appropriate
4. In the event of withdrawal from the Sales Agreement, the contract is considered void.
5. The Seller shall return the Consumer all payments received in connection with the Sales Agreement from which the Consumer withdraws, in particular the Price of the Goods as well as the cost of delivery, and in the scope of the reimbursement of delivery costs, the Seller is obliged to reimburse only the cost of the usual, cheapest method of delivering the Order offered by the Seller. Direct costs related to the return of the Goods, resulting from the Consumer's withdrawal from the Sales Agreement, are borne by the Consumer.
6. The Seller will refund the payments received from the Consumer, including the Price of the Goods and the cost of delivery, immediately, and no later than within 14 days from the date of receipt of the statement on withdrawal from the Sales Agreement sent by the Consumer, subject to paragraph 8 below. The reimbursement will be made through the same payment channel that the Consumer used to pay for the Goods, unless the Seller and the Consumer agree otherwise.
7. The consumer who has withdrawn from the Sales Agreement is obliged to return the Goods to the Seller immediately, but not later than 14 days from the date of withdrawal. To meet the deadline, it is enough to return the Goods before its expiry. The returned Goods should maintain the condition that they were sold in, with their features and functioning. The Seller may withhold the reimbursement of the payment for the Goods until receiving the receipt of the goods or until proof of its return is provided to the Seller, whichever occurs first.
8. The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to the Sales Agreements if:
a. in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy their individual needs;
b. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
c. in 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 packaging has been opened after delivery;
d. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
e. in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
f. for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
g. for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.
9. The Consumer's rights referred to in this § 9 are also entitled to the Customer concluding a contract directly related to his business. The details are available on the basis of the provisions on the Centralnej Ewidencji i Informacji o Działalności (Central Register and Information on Economic Activity).
§10 DEFECTS OF GOODS. COMPLAINTS.
1. The Seller is obliged to provide the Customer with Goods free from defects.
2. The Seller is liable to the Customer, on a warranty basis, for physical or legal defects of the Goods purchased by that Customer. In the case of a sale that is not a consumer sale, the provisions of Articles 556-576 of the Civil Code are excluded, taking into account Art. 5564 and 5565 of the Civil Code.
3. The consumer has the right to ask for a price reduction, removal of the defect, replacement of the defective product with a new one or withdrawal from the Sales Agreement. This right is not granted to the Customer who is concluding a contract directly related to his business activity. The details are available on the basis of the provisions on the Centralnej Ewidencji i Informacji o Działalności Gospodarczej (Central Register and Information on Economic Activity.)
4. Customer may submit claims and information related to the failure or improper performance by Reseller of the Sales Agreement, including defective goods, or the provision of electronically specified services in the Terms and conditions in any form, Including in particular, by electronic means firstname.lastname@example.org or by postal mail to the address of the Seller - PRAJO SHOP LIMITED LIABILITY COMPANY, Al. Krakowska 28a, 05-090 Janki.
5. In order to efficiently consider a complaint, it should include:
a. Data of the person submitting the complaint (name and surname / name and address of the Customer, Electronic Address);
b. Description of the event giving rise to the complaint;
c. Customer expectations as to the manner of satisfying the complaint request;
d. Proof of purchase, if the complaint concerns the ordered Goods.
6. In the case of complaints about defects in the Goods, the Customer is obliged to deliver the defective Goods to the Seller's address. In the case of a Consumer, the cost of delivery is covered by the Seller.
7. The Seller, within 14 (fourteen) calendar days of receiving a complete complaint notification, will respond to the Customer's complaint and notify him of further actions related to the complaint under consideration.
8. If the complaint is considered in favor of the Customer, the costs of replacing or repairing the Goods shall be paid by the Seller.
9. The customer will receive information on the method of handling the complaint by electronic mail to the e-mail address provided in the complaint.
§11 FINAL PROVISIONS
1. These Regulations enter into force on November 18, 2021
2. The Seller reserves the right to unilaterally change the provisions of the Regulations, without the need to justify the reasons for such a change, and at the same time undertakes to inform the Customer about each change in the Regulations by placing a uniform text of the Regulations on the store's website . Amendments to the Regulations do not affect orders placed by the Customer before the amendments to the Regulations were changed - such orders are carried out in accordance with the provisions of the Regulations in force on the date of placing the order.
3. Changes made to the Terms and conditions shall take effect within 7 days of the date that they are made available on the Store's website. In the event that Customer does not accept the new Terms and conditions, Customer shall notify Seller of this fact, which shall terminate Customer's account management service contract in accordance with Section 6 of the Terms and conditions.
4. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the provisions of the Act of 23 April 1964 of the Civil Code (i.e. Journal of Laws of 2020, item 1740, as amended) and the provisions of the Act of May 30 2014 on consumer rights (Journal of Laws of 2020, item 287 as amended).
5. Any disputes arising out of the sales agreement will be resolved amicably. In the absence of an agreement between the Parties to resolve the dispute amicably within 60 days of the date on which the claim is submitted, the court having jurisdiction over the place of establishment of the Seller shall be competent for the final settlement of the dispute.
6. The Seller informs the Consumer about the possibility of using extrajudicial means of dealing with complaints and redress. These include in particular:
a. permanent consumer arbitration court operating at the Trade Inspection
b. mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller, which is conducted before the provincial inspector of the Trade Inspection;
c. Assistance for resolving a dispute between the Customer and the seller by an appropriate district (urban) consumer or social organization, whose statutory tasks are consumer protection.
d. platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/