Provisions of the online shop https://www.balkon-sichtschutz-ideen.de/
- GENERAL PROVISIONS
- These regulations of the balkon-sichtschutz-ideen.de online store (hereinafter referred to as the “Regulations”) define the rules for providing purchases within the online store in the EU domain and for providing electronic services in the field of account management .
- The seller is the company Balkon-sichtschutz-Ideen…………………………………………………………………. hereinafter referred to as “Seller”.
- Definitions:
- Online Store – an online platform representing an organized collection of websites and IT tools that allow Users to purchase products or services via the Internet, operated by the Seller in the zaglesloneczne.eu domain.
- Buyer – a natural person with full legal capacity and, in cases provided for by generally applicable regulations, also a natural person with limited legal capacity, a natural person running a company, a legal person or an organizational unit without legal personality using the seller of electronically provided services,
- Account – marked with an individual name (login) and a password provided by the Buyer, a collection of resources in the Seller’s KT system, in which the Buyer’s data is collected, including information about placed orders,
- Registration Form – A form available on the Online Store that allows you to create an Account.
- Product – a movable item available in the Online Store and which is the subject of a Sales Agreement between the Buyer and the Seller.
9.Sales Agreement – A contract for the sale of a Product within the meaning of the Civil Code concluded through the Online Store.
- Shopping cart – a virtual tool that allows the buyer to collect selected products before purchase and convert their value. When selecting products, the buyer can freely manage the contents of the shopping cart by adding or removing additional products from the shopping cart.
- Promotion – a precisely timed price reduction for selected products that are the subject of the sales contract between the buyer and the seller.
- Proof of purchase – a receipt, invoice or other document confirming the purchase of the product,
- Newsletter – a service provided electronically by the seller, which allows interested buyers to automatically receive the most important information about the online store to the specified e-mail address.
- In order to use the online shop, you must have a device with internet access and a web browser such as Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Opera or Safari in the current version. An active e-mail (e-mail) account is required to use some of the functions of the online store, including registration and ordering of products.
- The services provided electronically by the seller include in particular:
- activating an account in the online store,
- Enabling the conclusion of a purchase contract by filling out the order form,
- Setting up the newsletter.
- In order to facilitate the use of the online store, the buyer can register by filling out the registration form and creating an account. The contract for the provision of electronic services for maintaining an account in the online store is concluded for an indefinite period and does not imply any financial obligations for the buyer. The contract is concluded when the buyer gains access to the account created for him. The contract can be terminated by the buyer at any time by deleting the account in the online store or by sending information about the termination to the seller’s e-mail address: biuro@zaglesloneczne.pl (if his identity as the account holder is duly verified) . Notwithstanding the foregoing, the Buyer who has registered but not made any purchases or used the services provided electronically by the Seller may withdraw from such an agreement without giving any reason within 14 days from the date of registration. The buyer can use the withdrawal form (link).
- In case of changes in the data in the account, the buyer is obliged to update them immediately using the appropriate form on the website of the online store. Buyer is responsible for providing incomplete, outdated or untrue data or failing to make appropriate updates to its data.
- Buyer is not authorized to provide any other person with the ability to use the account, including disclosing the password used to access the account. The buyer is obliged to keep the password of the account secret and secure it against disclosure. The buyer is obliged to immediately inform the seller if the access data to the account has been taken over by a third party and to explain the circumstances of their takeover.
- In the event of Buyer’s violation of the Regulations, statutory provisions or good manners, the Seller may terminate the contract with the Buyer or suspend its performance under a specific account. This applies in particular in the event that the buyer has downloaded or used the materials available in the online store without the consent of the seller.
- Promotions for selected products from the store’s offer can be organized in the online store. Decides on the rules for the The Seller promotion by posting them on the online store’s website.
- Announcements, advertisements by the seller, price lists and other information about the products provided on the online store website, in particular their descriptions, technical and functional parameters and prices, do not constitute an offer to conclude a contract, but an invitation within the meaning of Art. 71 of the Civil Code.
- The provisions of these regulations are not intended to exclude or limit any rights of the buyer, who is also a consumer, under mandatory statutory provisions. In the event of non-compliance between the provisions of these Regulations and the foregoing provisions, these provisions shall prevail.
- CONDITIONS FOR ORDERING
- The buyer is obliged to use the online store in accordance with applicable law, principles of social coexistence and morality, taking into account respect for personal rights and intellectual property rights of third parties.
- The online store sells on the territory of the Republic of Poland and abroad if the seller has specified and established separate costs for delivery to a specific location within the online store. The seller, if he has such an opportunity and a separate agreement with the buyer, can also send products to countries other than those available in the online store.
- Buyer’s account is not required for purchase. Buyers who do not have a registered account when purchasing must provide the shipping address, that is, the recipient’s first and last name, the shipping address – to complete the purchase contract, as well as the email address and mobile phone number – to contact and regarding the Delivery.
- All products available in the online store are original, brand new and comply with the standards and requirements in force.
- The selection of products by the buyer by adding selected products to the shopping cart and confirming the will to buy constitutes an offer to conclude a contract for the purchase of selected products (hereinafter referred to as “order”). Placing products in the shopping cart does not imply their reservation. If the quantity of available products is exhausted before the buyer confirms his willingness to buy, the seller reserves the right not to accept the order for execution.
- Orders can be placed 7 days a week, 24 hours a day.
- After placing the order, the buyer will receive an e-mail from the seller confirming the order. If the order is accepted by the seller, the buyer will receive a corresponding message. After receipt of this message by the buyer, a purchase contract is concluded between the seller and the buyer. In the event that only a part of the order has been confirmed, a sales contract is concluded only for the confirmed products.
- Orders submitted for fulfillment can be canceled by the buyer, who is also a consumer, until the product is shipped. After the product has been shipped, the buyer who is a consumer can exercise the right to withdraw from the purchase contract (Article 6 of the Regulation).
- The processing time of the order corresponds to the description of each product. The specified time of order fulfillment does not include the time of delivery.
- If the seller is unable to perform the service in whole or in part due to the fact that the product is not available or due to unforeseen circumstances has not been delivered to the seller, or has been damaged or lost, the seller must immediately notify the buyer and send it back to him. The price or a replacement of equal value to the price paid will be provided – at the option and consent of the buyer.
- The seller reserves the right to cancel the order if, despite a request, the buyer has not corrected the defects necessary for the effective execution of the order within 7 days.
- PAYMENTS
- The prices given in the online shop are in euros and represent gross prices. They contain all components including VAT. The price does not include the cost of transport and delivery of products, the amount of which is indicated separately.
- Proof of purchase is included with every order.
- The buyer can choose one of the following payment methods for the ordered products:
- Payment by normal bank transfer or online transfer to the seller’s bank account,
- Internet payment using electronic payment methods provided by a specialized payment provider,
- The buyer selects the payment when placing the order.
- Current prices are visible on the website of the online store.
- The buyer can use discounts on the terms described in the online store. The accumulated discounts may only be used by the buyer to purchase products that have not been discounted or discounted. The discount value reduces the price the buyer pays for the product. Discounts can only be combined if clearly stated. Discounts are not transferable, nor will they ever be converted into money or other benefits.
- SUPPLIERS
- The buyer can choose the following ways of receiving the ordered products:
- Delivery of Products by a specialized carrier specified on the Online Store website. Shipping costs are borne by the buyer. The conditions under which a specific carrier carries out the delivery are available on the online store’s website.
- The shipping costs are calculated according to the current price lists and depend on the weight and the method of payment of the order. The buyer will be informed of the shipping costs when placing the order. When shipping outside of Poland, the shipping costs are determined individually based on the estimated weight of the package and the country of destination.
- The seller undertakes to provide the buyer with defect-free products.
- The buyer undertakes to collect the shipped product.
- The seller shall not be liable for non-delivery of the product for reasons attributable to the buyer – e.g. B. due to an incorrect or incomplete delivery address preventing delivery of the package. In such a case, the seller will notify the buyer of an unsuccessful attempt to deliver the product.
- COMPLAINTS
- The buyer can file a complaint against the seller, especially in the event of non-compliance with the contract or product defects of the product and also if the activities of the seller violate illegal or contrary to the provisions of the Regulations.
- Complaints can be submitted electronically using the contact form on the Online Store website or in the form of an email (biuro@zaglesloneczne.pl) or in writing to the Seller’s address.
- The buyer who is not a consumer is obliged to check the shipment in the presence of the carrier. In the case of missing or damaged products, a damage report should be prepared as the basis for examining the complaint.
- For buyers who are consumers, the seller recommends checking the shipment in the presence of the carrier. If the package is not inspected, no possible complaint will be suspended, although in the event of such an inspection, the complaints procedure may improve significantly.
- The complaint should contain the buyer’s first and last name, contact details, description of the transaction to which the complaint relates or other circumstances justifying the complaint, as well as the request. If the complaint concerns the product, the product that is the subject of the complaint should be submitted with the complaint filing.
- Proof of purchase or a copy thereof must accompany the product in question.
- The products complained about with the note “Complaint” are to be sent to the following address: Balkonsichtschutz Ideen ul. Szczawnicka 1, 60-471 Poznań
- If the data or information contained in the complaint needs to be supplemented before the complaint is examined, the Seller shall request the person filing the complaint to supplement it to the specified extent.
- The seller undertakes to respond to the complaint submitted by the buyer within 14 days. The buyer will receive information about the manner of handling the complaint in accordance with his request (e.g. by e-mail to the address specified by him during registration or in writing). If the complaint is rejected, the seller will inform the buyer about this, stating the reasons for this decision. No response from the seller in the above 14 days will result in the complaint being considered justified. This applies to buyers who are consumers.
- If the replacement or repair of the product turns out to be possible, the seller must notify the buyer and provide all information about the further course of the procedure. In the event that the refund of the price is justified, the payment for the product purchased by the buyer will be refunded within 14 days after the seller has received the returned product.
- The price paid by the buyer will be refunded in the same way as the payment method chosen by the buyer for the product. In the event that the buyer used a discount when purchasing the product, the price refund will be reduced by the value of the discount used. The buyer can use this discount on future purchases on the terms that were available to the buyer before completing the transaction for which the price is being refunded.
- The buyer who is a consumer may use out-of-court means of handling complaints and remedies, including:
- may refer the matter to a permanent amicable consumer court operating at the Trade Inspection with a request to resolve the dispute;
- may apply to the Provincial Inspector for Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute;
- may receive free assistance in out-of-court dispute resolution and redress from poviat (municipal) ombudsmen and social organizations whose statutory responsibilities include consumer protection;
4. may use the European ODR (Online Dispute Resolution) platform available at http://ec.europa.eu/consumers/odr/.
- Small differences, especially in color, resulting from the individual settings of the buyer’s computer – and especially the monitor – cannot be the basis for a complaint about the purchased product.
- Complaints about non-performance or improper provision of electronic payment services should be addressed to the payment operator directly to the e-mail address, through the contact form or by telephone – in accordance with the Regulations for the provision of electronic payment services of the payment operator.
- TERMINATION OF AGREEMENT
- The buyer who is a consumer has the right to withdraw from a distance contract within 14 days of receipt of the product without giving any reason.
- The above right is available to the buyer in the terms set out in Art. 38 of the Consumer Code, in particular if the subject of the sale was a product made according to the specifications of the buyer or intended to meet his individual needs.
- If the buyer has purchased more than one product under one order, the withdrawal may apply to all or only the products selected by the buyer, with the proviso that if the product is sold as a set, kit or package, the withdrawal is for this kit, kit or bundle possible.
- Withdrawal from the purchase contract can be made by submitting a declaration by the buyer by e-mail or by post within the statutory period of 14 days from receipt of the package. instruction template. return form
- In the event of withdrawal from the purchase contract, the contract is deemed not to have been concluded in relation to the product (set, kit or package) from which the buyer has withdrawn. The return of the product should be made immediately, but no later than within 14 days from the date on which the buyer submitted a declaration of withdrawal. The shipping costs of the returned product are borne by the buyer.
- The buyer is liable for any depreciation of the product if he uses it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the product.
- In the event of an effective withdrawal from the purchase contract, the seller guarantees immediate return of the price of the product and the cost of shipping the product to the buyer, but no later than within 14 days.
- The seller will refund the amount due for the product according to the payment method selected by the buyer for the product.
- If the buyer has chosen a different shipping method than the cheapest standard method offered by the seller, the seller is not obliged to reimburse the buyer for the additional costs incurred.
- NEWSLETTER
- The seller can provide the buyers with the newsletter service electronically, which consists in informing them free of charge about promotions, selected products, contests and news within the framework of the online store, as well as about the services offered by the seller by sending selected content by email to the address specified in the buyer’s email address. The service is offered to buyers who have consented to it. The buyer can change or cancel the newsletter service at any time by sending the withdrawal to the seller’s e-mail address specified in the footer of each newsletter message.
- The administrator reserves the right:
- send advertising and commercial information within the meaning of the Act on Provision of Electronic Services to buyers via the newsletter;
- temporary deactivation of the newsletter service;
- the complete cessation of the newsletter service, after prior notification of buyers using this service, without giving any reason;
- Discontinuation of the provision of the service within the framework of the newsletter for a specific buyer if he takes actions that interfere with the uninterrupted use of the service by others or commits actions in violation of the law or these Regulations.
- PERSONAL PRIVACY
- The seller is the administrator of the buyer’s personal data. Personal data are processed for the purpose of providing electronic services.
- Detailed information on the protection of the buyer’s personal data can be found in the data protection declaration (link).
- COPYRIGHT PROTECTION
- All photos of products and other materials (including text, graphics, logos) published on the website of the online store are the property of the seller or were used by the seller with the consent of third parties who own rights to them. including copyrights.
- It is forbidden to copy photos and other graphic materials, as well as reprint texts published on the Online Store website, including making them available on the Internet, without the written consent of the Seller or another authorized third party.
- External entities are also prohibited from downloading photos from the online store website and using them for marketing and commercial purposes.
- RESPONSIBILITY
- The seller’s liability for damages (including lost profits) is limited and therefore the amount of the buyer’s claim may not exceed the value of the purchased product in connection with which the damage occurred. This does not apply to buyers who are consumers.
- The seller is not liable for damage arising from:
- Damage caused by improper use, assembly, reconfiguration, maintenance, storage of the product,
- Damage resulting from non-compliance with common regulations, improper use of the product and other damage caused by reasons attributable to the buyer,
- mechanical damage and defects caused thereby,
- force majeure, d. H. Unforeseeable and avoidable random events, e.g. B. Hurricane, flood, fire, etc.
- The buyer is liable for all damages resulting from the breach by the buyer of the provisions of these regulations or the provisions of generally applicable law.
- The seller is not responsible for the proper operation of the transaction systems provided by the payment operator. All claims related to the execution of transactions processed by the payment operator should be directed only to the payment operator.
- FINAL PROVISIONS
- The seller reserves the right to introduce restrictions on the use of the online store caused by its technical service, maintenance work or work to improve its functionality. At the same time, the seller undertakes to make every effort to ensure that the above breaks take place at night and last as short as possible.
- The seller reserves the right to change the regulations if:
- a technological or functional change to improve the operation of the online store;
- changes in the scope or nature of the services provided by Seller;
- changes in generally applicable legal provisions;
- the need to adapt the regulations to the positions of court judgments or administrative decisions;
- Security reasons, fraud prevention, improving data protection;
- editorial changes.
The seller will inform the buyer who has an account of any change in the regulations by sending relevant information to the email address provided by him. The changes will come into effect at the time expressly stated by the seller, but no earlier than 15 days after the buyer has been notified of the changes. The change in the Regulations will take effect on the date specified in the notification, unless the Buyer makes a statement that he does not agree with the changed Regulations, which is equivalent to the termination of the contract for the provision of electronic services in the field of Account management is (under the conditions specified in Section 1 (5) of this Ordinance). When logging in, the buyers will be informed about the change in the regulations and the possibility of their acceptance. The acceptance of changes also counts as placing an order with the duration of the period after the change of regulations ordered by the buyer, even if this was done without notification. Orders placed prior to the effective date of the changes will be executed on the terms in effect at the time of their submission.
- Returns of products sent at the seller’s expense or cash on delivery will not be accepted.
- Disputes between the parties will be settled by the competent common court. In the event of a dispute between the seller and the buyer who is not a consumer, the competent court is the seat of the seller.
- In matters not covered by this regulation, the relevant provisions of Polish law apply, in particular the Civil Code and the Consumer Rights Act.
- The regulations apply from the day of the year.