REGULATIONS FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS BY https://dosilnika.pl/en/
StatuteAre these Regulations for the provision of electronic services in the area of the internet domain dosilnika.pl/, which defines the conditions for the provision of Services by the Seller via the website www. https://dosilnika.pl/en/ for Customers.
ClientIs an entity that concludes a Service Agreement with the Seller, provided that it has full legal capacity, or limited legal capacity in cases governed by generally applicable law, or is a legal person or organizational unit.
ConsumerIs a Customer who is a natural person and concludes an Agreement not directly related to his business or professional activity.
SellerTo TECHMOT, ul. Warszawska 19 16-070 Choroszcz, registered in the Central Register and Information on Economic Activity under the number 0000187452 NIP 9661555337 and REGON 051985737, being the service provider, administrator and owner of the Store.
StoreIs an online store run by the Seller in Polish via a website available on the Internet at the address www. dosilnika.pl/. The Store provides Services to Customers, including Sales.
ServiceIs a service provided by the Seller to the Customer, on the basis of an Agreement concluded between the parties via the Store, as part of an organized system for concluding distance contracts, without the simultaneous physical presence of the parties.
BasketIs the functionality of the Store, enabling the Customer to complete orders for Products. Adding a Product to the list of Products covered by the order is done by using the "Add to Cart" button located next to the Product in the area of the Store's website.
SaleIs the Service of selling Products provided by the Seller to the Customer without the simultaneous presence of the parties (remotely), by transferring data at the individual request of the Customer, sent and received using devices for electronic processing, including digital compression, and data storage, which is fully broadcast, received or transmitted over a telecommunications network.
AgreementIs a contract for the provision of the Service by the Seller to the Customer.
Seller's Contact DetailsIs the Seller's data with which the Customer can contact him, i.e. TECHMOT address: ul. Warszawska 19 16-070 Choroszcz, e-mail address: [email protected], phone number: +48 669 801 500.
Customer Contact DetailsIs the Customer's data with which the Seller can contact the Customer, including address, e-mail address and telephone number.
Customer AccountIs a panel managing the Customer's orders, available in the Store area, subject to Registration and logging in.
RegistrationIs the creation of a Customer Account by the Customer, using the Store's registration form on its website.
ProductIs an item presented in the Shop area by the Seller for the purpose of Sale.
DeliveryIs the delivery of the Products to the Customer to the destination indicated by him, via the Carrier.
CarrierIs a carrier entity performing Product Delivery activities in cooperation with the Seller.
Third Party Payment System– is an online payment system used by the Seller
Working daysAre days from Monday to Friday, excluding public holidays.
§1 GENERAL CONTRACTUAL TERMS
- The seller pursuant to art. 8 sec. 1 point 1 of the Act of July 18, 2002 on the provision of electronic services and the Act of May 30, 2014 on consumer rights, establishes the Regulations, which are available at the address of the Store, in the following wording: www. https://dosilnika.pl/en/
- The Seller provides the Services in accordance with the Regulations and the provisions of generally applicable law.
- The Seller provides these Regulations on the Store's website.
- Customers may at any time: access the Regulations, record them, obtain and reproduce them by printing or saving them on a data carrier.
- The information provided on the Store's website does not constitute an offer of the Seller within the meaning of the provisions of the Civil Code, but only an invitation to customers to submit offers to conclude an Agreement.
- All Services are provided via the Store's website 24 hours a day, 7 days a week.
- In order to use the Store, it is necessary for the Customer to have an ICT device with access to the Internet, a properly configured web browser in the current or previous version: Microsoft Edge, Mozilla Firefox, Google Chrome, Safari or Opera, as well as an active and correctly configured e-mail account .
- Using the Store takes place by reading its content.
- Customer orders are managed via the Customer Account. Using the Customer Account is possible after its creation, using the correct login and password. In order to use the Customer Account, it is required to log in with a password.
- The Customer Account is created through voluntary Registration, consisting in completing and sending the Seller a registration form, which is available in the area of the Store's website.
- Completing the registration form consists in filling in all mandatory and possibly optional fields of the form, using real, complete and customer-related data, in particular the Customer's Contact Data.
- Before sending the registration form, by ticking its appropriate box, the Customer should declare that he has read the Regulations and accepts its provisions.
- Before sending the registration form, by ticking the appropriate field of the registration form, the Customer may voluntarily declare that he consents to the processing of his personal data provided in the registration form for marketing purposes by the Seller.
- The statement referred to in the above point includes the Customer's confirmation that he has been informed about the content of this provision: the indicated marketing purposes may include, in particular, sending commercial information by the Seller using the Customer's Contact Data. The consent referred to in the above point may be withdrawn at any time, and the Customer has the right to access and correct his personal data.
- Sending the registration form consists in sending it to the Seller via the Store, using the appropriate functionality located in the area of the registration form.
§3 PROVISION OF FREE SERVICES
- The Seller provides the following free Services to the Customers:
- providing a contact form,
- providing an order form,
- question about a product,
- entering opinions about the Product,
- maintaining a Customer Account,
- Product recommendation,
- adding the Product to the storage.
- The contract for the provision of the Contact Form Service is concluded for a definite period of time at the moment of starting to use the contact form and is terminated when the Customer uses it or ceases to do so. The subject of this Agreement is to provide a contact form on the Store's website in order to send a message to the Seller.
- The contract for the provision of the Order Form Service is concluded for a definite period of time at the start of using the order form and is terminated when the Customer places an order or fails to place it. The subject of this Agreement is to provide the order form on the Store's website in order to send the order to the Seller.
- The contract for the provision of the Product inquiry service is concluded for a definite period of time at the moment of starting to use the Product inquiry option and is terminated when the Customer uses it or refrains from doing so. The subject of this Agreement is to provide the option to ask about the Product in order to ask the Seller about the availability of the Product.
- The contract for the provision of the Product opinion entry service is concluded for a definite period of time at the moment of starting to use the Product opinion entry form and is terminated when the Customer uses it or refrains from doing so. The subject of this Agreement is to provide a form for entering opinions about the Product in order to enter it. The Agreement prohibits the Customer from posting unlawful content, violating decency, threatening the interests of the Seller or the provisions of the Regulations, and takes into account the Seller's right to moderate the opinions entered if they violate the provisions of the Regulations.
- The contract for the provision of the Customer Account Service is concluded for an indefinite period at the time of Registration of the Customer Account. The subject of this Agreement is to provide a panel for managing the Customer's orders.
- The Agreement for the provision of the Newsletter Service is concluded for an indefinite period of time when the Customer receives confirmation of the conclusion of the Agreement for the provision of the Newsletter Service by the Seller to the e-mail address. The Service is ordered by the Customer using the appropriate Newsletter activation field in the registration form or in another form provided by the Seller on the Store's website. The subject of this Agreement is the provision of the Seller to the Customer, consisting in sending messages to the e-mail address containing information about the Products or Services provided by the Seller. This Agreement is terminated when the Customer unsubscribes using the deactivation field in the Customer Account area or using the url link that is included in each Newsletter message.
- The Product Recommendation Service Agreement is concluded for a definite period of time at the moment of starting to use the Product Recommendation Form and is terminated when the Customer uses it or ceases to do so. The scope of this Agreement includes the provision of the Product command form in order to send messages about the Product to a third party indicated by the Customer.
- The agreement for adding the Product to the storage room is concluded for a definite period of time at the moment of starting to use the option of adding the Product to the storage room and is terminated when the Customer uses it or refrains from doing so. In order to conclude the Agreement, it is required to log in to the Customer Account. The scope of this Agreement includes the provision of the so-called adding the Product to the storage, i.e. temporarily saving the Product in the memory of the Customer Account.
- The contract for the provision of a free Service may be terminated by the Customer or the Seller without giving any reason and at any time, using the functionalities included in the Regulations or by e-mail sent to the e-mail address included in the Seller's Contact Data or the Customer's Contact Data.
- Orders for Products can be placed via the Store's website 7 days a week, 24 hours a day, using the Basket function. After completing the list of orders for Products, in the Basket area, the Customer proceeds to the execution of the order.
- If the Customer is a logged in Customer Account holder, he proceeds to the next stage of placing the order as a logged in Customer.
- If the Customer is not a logged in Customer Account holder, he chooses the method of placing an order by using the button:
- "Registration", using the Customer Account that will be registered. Then the Customer registers a Customer Account and using it proceeds to the next stage of placing the order.
- "Place an order without creating an account", without using the Customer Account. Then the customer goes to the next stage of placing the order.
- "Log in" using your Customer Account. Then the customer goes to the next stage of placing the order.
- After selecting the method of placing an order, the Customer provides:
- billing information for invoicing,
- delivery information, including the Delivery address,
- method of Product Delivery, by selecting the appropriate Delivery option,
- payment method by selecting the appropriate payment option.
- Placing an order is preceded by the receipt by the Customer by displaying, in the Basket area, information about the total price for the order, including taxes and related costs, in particular the costs of Delivery and payment.
- Placing an order can be done by using the "Order with obligation to pay" field in the Basket and is tantamount to submitting to the Seller by the Customer an offer to conclude a Sales Agreement for the Products included in the order.
- Before sending the order form, by ticking its appropriate box, the Customer should declare that he has read the Regulations and accepts its provisions.
- The placed order may be changed by the Customer until the Seller receives information about the shipment.
- Changing the order may include canceling it, canceling it in part, extending it with additional Products, changing the Delivery address.
- The Seller shall immediately inform the Customer about the impossibility of completing the order in the event of circumstances causing it. This information is provided by phone or electronically, using the Customer's Contact Data. The information may include the following ways to modify the order:
- cancellation in part impossible to implement, which results in recalculation of the order value,
- dividing the Products subject to Delivery into a part for which Delivery is possible and a part for which Delivery will take place at a later date, which does not result in the conversion of the order value,
- canceling the order in its entirety, which results in the redemption of the value of the order.
- Confirmation of acceptance of the order takes place by sending an e-mail by the Seller to the e-mail address indicated in the Customer's Contact Data. Confirmation of the order is tantamount to acceptance by the Seller of the offer to conclude a Sales Agreement submitted by the Customer.
- The Seller provides the Customers with the Service of the Sale of Products at a distance, via the Store.
- The subject of the Sales Agreement includes the Seller's obligation to transfer the ownership of the Products to the Customer and release them, and the Customer's obligation to collect the Products and pay the Seller the price of the Products.
- The Seller reserves the right to conduct promotional campaigns consisting in lowering the price of the Product by a specific date or until the stock of Products subject to the promotion is exhausted.
- By concluding the Sales Agreement, the Seller undertakes to provide the Customer with Products without defects.
- The Sales Agreement is concluded upon confirmation of the acceptance of the Customer's order by the Seller.
- The release of the Products takes place immediately and usually within 1 Business Day
- The delivery time of the Products may change if the Customer changes the order.
- The release of the Products takes place:
- if the Customer chooses the Delivery option, via the Carrier, to the address provided by the Customer,
- in the case of choosing personal collection of the Products by the Customer, at the Store's headquarters on Business Days from 8:00-16:00
- The release of the Products takes place no earlier than after the payment has been made by the Customer.
- The Seller confirms the release of the Products to the Carrier for Delivery, to the address provided by the Customer when placing the order, by sending an e-mail to the Customer's e-mail address.
- The risk of accidental loss or damage to the item passes to the Consumer upon its release to the Consumer.
- The delivered parcel should be examined by the Customer in the presence of the Carrier. In the event of damage to the shipment, the Customer has the right to request the preparation of an appropriate report.
- The value of the payment for the Sale is determined on the basis of the Product price list, available on the Seller's website at the time of ordering the Product. The prices given on the Store's website for a given Product are gross prices in Polish zlotys and include VAT, but do not include the costs of Product Delivery and the selected form of payment.
- The costs of the transaction and Product Delivery are borne by the Customer.
- The total price of the order, visible in the Basket area before placing the order and after choosing the method of Product Delivery and payment, includes the price for the ordered Products together with taxes and all related costs, in particular Delivery and transaction costs. The total price of the order is binding for the Seller and the Customer.
- The Store allows the following payment methods for the Sales Services provided:
- in cash upon personal collection at the Store's stationary seat,
- by transfer to the Store's bank account,
- by bank transfer using the External Payment System,
- in cash on delivery against delivery from the Carrier.
- The due date falls on the moment of releasing the Product.
- The receipt or VAT invoice for the Sales Service shall be attached to the Products subject to release or sent by e-mail to the Client's e-mail address, depending on the Client's will.
- The customer agrees to receive invoices in electronic form.
- The payment shall be returned by the Seller immediately, not later than within 14 days from the date of occurrence of the cause, in the case of:
- withdrawal from the Agreement by the Consumer,
- resignation by the Customer from the order or part of the order paid before the execution,
- recognition by the Seller of the claim covered by the complaint in whole or in part, on the basis of generally applicable regulations.
- The refund is made using the same payment method that was used by the Customer in the original transaction, unless he agrees to a different solution that does not involve any costs for him.
- The Seller is not obliged to reimburse the additional costs of Product Delivery incurred by the Customer, if the Customer has chosen a method of Product Delivery other than the cheapest usual method of Delivery offered by the Seller.
- The operator of payment cards is PayPro SA Agent Rozliczeń, ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP 7792369887, Regon 301345068.
§7 COMPLAINTS AND WARRANTIES.
- Complaints can be submitted by letter or e-mail to the postal or electronic address indicated in the Seller's Contact Details.
- Complaints can be submitted using the form, the template of which is attached to the Regulations, placed in the area of the Store's website, but it is not mandatory.
- The complaint should contain a description of the problem and the Customer's identification data.
- The seller recognizes complaints within 14 days from the date of notification. In the content of the complaint, it is recommended to provide the Customer's Contact Data, which will be used to respond to the complaint and conduct correspondence related to it.
- If the complaint concerns the Product, in order for the Seller to consider the complaint, the Customer should deliver or send the complained Product to the Seller's address.
- Complaints may be submitted under the warranty for defects in the Products covered by the Sales Agreement and other Services.
- If the Product has a defect, the Customer may request replacement of the Product with a defect-free one or removal of the defect. The Seller is obliged to replace the defective Product with a defect-free one or to remove the defect within a reasonable time without undue inconvenience to the Customer.
- The Seller may refuse to satisfy the Customer's request if bringing the defective Product into compliance with the Agreement in a manner chosen by the Customer is impossible or would require excessive costs compared to the other possible way of bringing the Product into compliance with the Agreement.
- If the Customer is not a Consumer, the Seller may refuse to replace the Product with a defect-free one or to remove the defect also when the costs of meeting this obligation exceed the price of the Product sold.
- If the Product has a defect, the Customer may submit a statement of price reduction or withdrawal from the Agreement, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a defect-free one or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Product with a defect-free one or remove the defect. The Customer may not withdraw from the Agreement if the defect is insignificant.
- The Consumer may, instead of removing the defect proposed by the Seller, demand replacement of the Product with a defect-free one, or instead of replacing the Product, demand removal of the defect, unless bringing the Product into compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Consumer would be exposed by a different method of satisfaction.
- The reduced price referred to in points 7.10 and 7.11 above should be in such proportion to the price resulting from the Agreement in which the value of the Product with a defect remains to the value of the Product without a defect.
- The consumer has the option of using the following out-of-court methods of dealing with complaints and pursuing claims:
- submitting an application for settlement of a dispute arising from the concluded Sales Agreement to a permanent amicable consumer court operating at the Trade Inspection,
- submitting an application for the initiation of mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller to the Provincial Inspector of the Trade Inspection,
- using the assistance of a poviat or municipal consumer ombudsman or a social organization whose statutory tasks include consumer protection,
- submitting a complaint via the EU ODR online platform, available at http://ec.europa.eu/consumers/odr/.
- Products may be covered by the manufacturer's or distributor's warranty. In such a case, the Customer is entitled to complain about the Product using the rights resulting from the warranty, by making a complaint to the guarantor. Filing a complaint to the guarantor can be made through the Seller or directly to the guarantor. The Seller does not provide any warranty for the Products.
- The customer may exercise the rights under the warranty for physical defects of things regardless of the rights arising from the guarantee.
§8 WITHDRAWAL FROM THE AGREEMENT
- The consumer may withdraw from the Agreement, including the Sales Agreement, without giving any reason, within 14 days, subject to the standards indicated in the information on withdrawal from the Agreement, which is an attachment to the Regulations, placed in the area of the Store's website.
- The right to withdraw from the Agreement is not entitled to the Consumer, e.g. in relation to the Agreement:
- if the Seller has fully performed the service with the express consent of the Consumer, 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 Agreement,
- A non-prefabricated product, manufactured according to the Consumer's specifications or serving to meet his individual needs,
- A product that deteriorates quickly or has a short shelf life,
- Product 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,
- Products that after Delivery, due to their nature, are inseparably connected with other items,
- The consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. The statement can be submitted on the form, the template of which is attached to the Regulations, placed in the area of the Store's website.
- If the Consumer receives a statement of withdrawal from the Agreement by electronic means, the Seller shall immediately send the Customer a confirmation of its receipt.
- Immediately, but not later than within 14 days from the date on which the Consumer withdrew from the Agreement, he is obliged to return the Product to the Seller or hand it over to the person authorized by the Seller. To meet the deadline, it is enough to send back the Product before its expiry. This provision does not apply if the Seller has offered to pick up the Product himself.
- The Seller undertakes to collect the Product at its own expense when, due to its nature, the Product cannot be returned in the usual way by post, and at the same time the Product has been Delivered to the Consumer to the place where he resided at the time of concluding the Sales Agreement.
- The consumer 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 to establish the nature, characteristics and functioning of the Product.
- In the event of withdrawal from the Agreement, it is considered void. If the Consumer submitted a declaration of withdrawal from the Agreement before the Seller accepted his offer, the offer ceases to be binding.
- Information on exercising the right to withdraw from the Agreement can be found in the instruction on withdrawal from the Agreement, which is an appendix to the Regulations.
§9 Supplementary Provisions
- All trademarks, graphic elements and photos posted on the Store's website for the purpose of presenting the Products are subject to the copyright of their owners.
- The Store's Internet domain, its logotypes, name and Regulations are the property of copyright and subject to legal protection.
- The Customer acknowledges that it is forbidden for the Customer to provide unlawful content.
- The Seller undertakes to make reasonable efforts to enable the proper functioning of the Store and to provide assistance in solving technical problems related to its operation.
- The Seller undertakes to take steps to protect the data contained in the Customer Account against unauthorized access and use.
- The Seller's liability towards Customers who are not Consumers for the Services provided is limited to the value of the amount paid by the Customer.
- The seller is not responsible for:
- interruptions in the proper functioning of the Store and improper performance of Services, caused by force majeure, in relation to Customers who are not Consumers,
- interruptions in the proper functioning of the Store and improper performance of Services for Customers who are not Consumers, caused by technical activities or reasons attributable to entities through which the Store provides Services,
- benefits lost by the Customer who is not a Consumer,
- damages caused by the Customer's violation of the provisions of the Regulations.
§10 Final Provisions
- The Seller may collect information to store it locally on the Customer's device, using the browser's memory mechanism using "cookies".
- The personal data of the Store users are processed on the basis of the consent of the data subjects or when it is necessary for the performance of the Agreement, when the data subject is a party to it or when it is necessary to take action before concluding the Agreement at the request of the data subject. 10.3 Personal data is collected in order to provide the Services by the Seller. Persons whose data has been collected by the Seller have the right to access their data, correct them and submit a written motivated request to stop processing them, as well as to object to it.
- By concluding the Agreement for the provision of the Service, the Customer voluntarily authorizes the Seller to direct information related to the Agreements and their performance, as well as commercial information to the Customer's Contact Data, if a separate consent is given.
- A Customer who is not a Consumer is obliged to inform the Seller about changes to the Customer's Contact Data, under the pain of their effective use for deliveries.
- Changes to the Regulations may occur due to changes in the law regarding the services provided by the Seller, as well as technical or organizational changes regarding the services provided by the Seller.
- The Regulations are changed by publishing their new content on the Store's website, with prior notification of this fact. Information about the change in the Regulations is placed in the area of the Store's website no later than 10 days before the date of its entry into force and sent to the Customer's Contact Data, if the parties are bound by a continuous Agreement.
- The amendment to the Regulations does not apply to Sales Agreements concluded before the date of its amendment.
- The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer, resulting from the provisions of Polish generally applicable law.
- In the event of non-compliance of the provisions of the Regulations with the provisions of Polish generally applicable law, these provisions shall apply.
- In matters not covered by the Regulations, the provisions of Polish generally applicable law shall apply.
- The Regulations come into force within 10 days from the date of its publication on the Store's website.
Annex to the Regulations for the provision of electronic services by TECHMOT Sp. WITH o.o..