REGULATIONS OF THE SELVASTORE.COM ONLINE SHOP

TEXT OF THE REGULATIONS OF THE SELVASTORE.COM ONLINE SHOP IS AVAILABLE ON HTTP://WWW.SELVASTORE.COM/REGULAMIN
THE REGULATIONS CAN ALSO BE RECORDED, RETRIEVED AND OPENED AT ANY TIME BY PRINTING, SAVING ON A COMPUTER DATA STORAGE OR DOWNLOADING FROM THE WEBSITE WW.SELVASTORE.COM/REGULAMIN.PDF IN PDF FORMAT AND SAVING ON A COMPUTER. THE FREE SOFTWARE FOR EDITING AND BROWSING FILES IN PDF FORMAT CAN BE DOWNLOADED FROM THE WEBSITE: HTTP://GET.ADOBE.COM/READER.

THE REGULATIONS OF THE SELVASTORE.COM ONLINE SHOP

1.    GENERAL PROVISIONS
2.    TYPES AND SCOPE OF ELECTRONIC SERVICES
3.    TERMS AND CONDITIONS OF CONCLUSION OF CONTRACTS CONSLUCION FOR PROVISION OF ELECTRONIC SERVICES
4.    TERMS AND CONDITIONS OF SALES CONTRACT
5     PAYMENT METHODS
6.    PRICE, PRODUCTS DELIVERY DATE AND METHODS OF SHIPPING
7.    TERMS OF TERMINATION OF CONTRACTS FOR PROVISION OF  ELECTRONIC SERVICES
8.    COMPLAINTS PROCEDURE
9.    RIGHT OF WITHDRAWAL FROM THE CONTACT
10.  FINAL PROVISIONS


APPENDICES

1.     SAMPLE WITHDRAWAL TEMPLATE FROM A DISTANCE CONTRACT.

 

1.     GENERAL PROVISIONS

1.1.     THE ONLINE-SHOP AVAILABLE ON WWW.SELVASTORE.COM AND WWW.SELVASTORE.PL IS RUN BY ADAM KOZIOŁ, THE OWNER OF SELVA ADAM KOZIOŁ (WITH ITS REGISTERED OFFICE AND THE CORRESPONDENCE ADDRESS: UL. STEFANA KISIELEWSKIEGO 5, 60-461 POZNAŃ) ENTERED INTO CENTRAL REGISTRATION AND INFORMATION ON BUSINESS RUN BY THE POLISH MINISTRY OF ECONOMY, NIP (TAX IDENTIFICATION NUMBER) 7811881044, REGON 302245819, E-MAIL ADDRESS: E-STUDIO@SELVASTORE.COM.

1.2.    THE REGULATIONS OF THE SELVASTORE.COM ONLINE SHOP DO NOT AIM AT EXCLUDING OR RESTRICTING ANY RIGHTS OF A CUSTOMER (WHO IS AT THE SAME TIME A CONSUMER) TO WHICH HE OR SHE IS ENTITLED BY THE LEGALLY BINDING RULES OF LAW. WHEN THE REGULATIONS OF THE SELVASTORE.COM ONLINE SHOP ARE INCONSISTENT WITH THE ABOVE-MENTIONED RULES, THE ABOVE-MENTIONED RULES TAKE PRECEDENCE OVER THE REGULATIONS.

 

1.3.     DEFINITIONS:

1.3.1.    WEEK DAY –  ANY OF THE DAYS OF THE WEEK EXCLUSIVE OF SATURDAY, SUNDAY AND PUBLIC HOLIDAYS

1.3.2.    ORDER FORM – THE FORM AVAILABLE AT THE ONLINE SHOP FOR PLACING AN ORDER.

1.3.3.    CLIENT – A SERVICE RECIPIENT WHO IS TO CONCLUDE A CONTRACT OR HAS ALREADY CONCLUDED A SALES CONTRACT WITH THE SELLER

1.3.4.    CIVIL CODE – ART. 384 OF THE CIVIL CODE OF 23 APRIL 1964 (JOURNAL OF LAWS OF 1964, NO. 16, ITEM 93 AS AMENDED)

1.3.5.     PRODUCT –. A MOVEABLE ITEM AVAILABLE IN THE ONLINE SHOP WHICH IS A SUBJECT TO A SALES CONTRACT BETWEEN A CLIENT AND THE SELLER.

1.3.6.    THE REGULATIONS – THE REGULATIONS OF THE SELVASTORE.COM ONLINE SHOP

1.3.7.    ONLINE SHOP  – THE ONLINE SHOP OF THE SERVICE PROVIDER AVAILABLE AT WWW.SELVASTORE.COM AND WWW.SELVASTORE.PL

1.3.8.    SELLER/SERVICE PROVIDER –ADAM KOZIOŁ, THE OWNER OF SELVA ADAM KOZIOŁ (WITH ITS REGISTERED OFFICE AND THE CORRESPONDENCE ADDRESS: UL. STEFANA KISIELEWSKIEGO 5, 60-461 POZNAŃ) ENTERED INTO CENTRAL REGISTRATION AND INFORMATION ON BUSINESS RUN BY THE POLISH MINISTRY OF ECONOMY, NIP (TAX IDENTIFICATION NUMBER) 7811881044, REGON 302245819, E-MAIL ADDRESS: E-STUDIO@SELVASTORE.COM

1.3.9.    SALES CONTRACT – A SALES CONTRACT OF A PRODUCT CONCLUDED BETWEEN A CLIENT AND THE VIA THE ONLINE SHOP.

1.3.10.   ELECTRONIC SERVICE – SERVICE PROVIDED BY ELECTRONIC MEANS FOR A SERVICE RECIPIENT BY A SERVICE PROVIDER

1.3.11  SERVICE RECIPIENT -  A NATURAL PERSON WHO HAS A LEGAL CAPACITY, AND A NATURAL PERSON OF RESTRICTED LEGAL CAPACITY (UNDER THE CONDITIONS PROVIDED BY THE COMMON LAW); A LEGAL PERSON OR AN ORGANISATIONAL UNIT WITHOUT LEGAL PERSONALITY WHICH BY THE LAW ARE GRANTED LEGAL CAPACITY, WHO USES ELECTRONIC SERVICE

1.3.12.   ORDER –CLIENT’S CONSENT CONSTITUTING AN OFFER TO CONCLUDE  A SALES CONTRACT OF A PRODUCT WITH THE SELLER.

2.     TYPES AND SCOPE OF ELECTRONIC SERVICES
 

2.1.    A SERVICE PROVIDER VIA THE ONLINE SHOP PROVIDES FOR FOLLOWING ONLINE ELECTRONIC SERVICES:

2.1.1.    ABILITY TO PLACE AN ORDER IN THE ONLINE SHOP BY COMPLETING THE ORDER FORM.

3.    TERMS AND CONDITIONS OF CONCLUSION CONTRACTS FOR PROVISION OF ELECTRONIC SERVICES
 

3.1.    PAYMENT:

3.1.1. PROVIDING ELECTRONIC SERVICES BY THE SERVICE PROVIDER IS FREE OF CHARGE.

3.2.     CONTRACT PERIOD

3.2.1.   THE CONTRACT FOR PROVISION OF ELECTRONIC SERVICES WHICH COMPRISES PLACING AN ORDER IN ONLINE SHOP BY COMPLETING THE ORDER FORM IS CONCLUDED FOR AN APPOINTED TIME AND IS TERMINATED AT THE MOMENT OF PLACING AN ORDER.

3.3.    TECHNICAL REQUIREMENTS ESSENTIAL FOR COOPERATION WITH AN ICT SYSTEM USED BY THE SERVICE PROVIDER:

3.3.1.    COMPUTER, LAPTOP OR OTHER MULTIMEDIA DEVICES WITH INTERNET ACCESS.

3.3.2.    E-MAIL ACCESS.

3.3.3.    INTERNET BROWSER: MOZZILLA FIREFOX V.11.0 OR HIGHER, OR INTERNET EXPLORER V.7.0 OR HIGHER, OPERA V.7.0. OR HIGHER, GOOGLE CHROME V. 12.0.0 OR HIGHER.

3.3.4.    RECOMMENDED SCREEN RESOLUTION: 1440X900.

3.3.5.    COOKIES AND JAVASCRIPT TURNED ON IN AN INTERNET BROWSER.

3.4.    A SERVICE RECIPIENT IS OBLIGED TO USE THE ONLINE SHOP IN A WAY CONSISTENT WITH THE LAW AND GOOD MANNERS, TAKING INTO CONSIDERATION OBSERVANCE OF GOODS AND INTELLECTUAL RIGHTS OF THIRD PARTIES. 

3.5.    A SERVICE RECIPIENT IS OBLIGED TO PROVIDE DATA CONSISTENT WITH THE ACTUAL STATE

3.6.    A SERVICE RECIPIENT CANNOT PROVIDE UNLAWFUL CONTENT.

3.7.    DETAILED CONDITIONS OF CONCLUDING CONTRACTS OF PROVISION FOR ELECTRONIC SERVICES ARE DEFINED ON THE ONLINE SHOP WEBSITE: HTTP://SELVASTORE.COM/KROK-PO-KROKU.HTML.

4.     TERMS AND CONDITIONS OF SALES CONTRACTS
 

4.1.    ANNOUNCEMENTS, ADVERTISEMENTS, PRICE LISTS AND OTHER INFORMATION ABOUT PRODUCTS PUBLISHED ON THE ONLINE SHOP WEBSITES, ESPECIALLY PRODUCTS DESCRIPTION, TECHNICAL PARAMETERS AND PARAMETERS OF USE, AND PRICES ARE ONLY AN INVITATION TO A CONTRACT WITHIN THE MEANING OF ART.71 OF THE POLISH CIVIL CODE.

4.2.    PRICES OF  PRODUCTS PRESENTED ON THE ONLINE SHOP WEBSITE ARE GIVEN IN POLISH ZLOTY AND COMPRISE OF ALL COMPONENTS, INCLUDING VAT, DUTY AND OTHER COMPONENTS.

4.3.    THE PRODUCT PRICE PRESENTED ON THE ONLINE SHOP WEBSITE IS BINDING FROM THE MOMENT OF PLACING AN ORDER BY A CLIENT. THIS PRICE WILL NOT CHANGE REGARDLESS OF CHANGES IN PRICES IN THE ONLINE SHOP, WHICH MAY APPEAR AFTER THE ORDER HAS BEEN PLACED.

4.4.    CONCLUDING A SALES CONTRACT BY THE ORDER FORM.

4.4.1.    PLACING AN ORDER IS NECESSARY TO CONCLUDE A SALES CONTRACT.

4.4.2.    IN THE MOMENT OF PLACING AN ORDER (CLICKING THE “PLACE AN ORDER” BUTTON) A CLIENT IS DIRECTED TO THE ONLINE SHOP WEBSITE WHICH DISPLAYS THE INFORMATION THAT THE ORDER HAS BEEN PLACED AND WILL BE PROCESSED.  IN THIS EXACT MOMENT AN ORDER IS PLACED IN THE ONLINE SHOP BY COMPLETING THE ORDER FORM AND AT THE SAME TIME, A SALES CONTRACT IS CONCLUDED.

4.4.3.   IMMEDIATELY AFTER THE CONCLUSION OF A SALES CONTRACT, THE SELLER CONFIRMS THIS FACT BY SENDING AN E-MAIL TO A CLIENT’S E-MAIL ADDRESS.

4.5.    EVERY SALES CONTRACT WILL BE CONFIRMED BY A PROOF OF PURCHASE.

5.     PAYMENT METHODS

5.1.    THE SELLER IS HONOURING THE FOLLOWING PAYMENT METHODS:

5.1.1.    CASH ON DELIVERY OF A PARCEL – PAYMENT MADE TO A COURIER AT DELIVERY

5.1.2.    BY BANK TRANSFER TO THE SELLER’S BANK ACCOUNT

5.1.2.1.    BANK: BRE BANK SA - MULTIBANK.

5.1.2.2.    BANK ACCOUNT NUMBER: 50 1140 2017 0000 4402 1296 5254.

5.1.3.    ONLINE PAYMENTS VIA PAYPAL.PL

5.1.4.    ONLINE PAYMENTS AND DEBIT CARDS PAYMENTS VIA PAYU.PL – POSSIBLE PAYMENT METHODS DESCRIBED ON THE WEBSITE: HTTP://WWW.PAYU.PL/ AND IN THE COURSE OF PLACING AN ORDER.

5.2.    SETTLEMENT OF TRANSACTIONS MADE BY A DEBIT CARD OR E-TRANSFER ARE CONDUCTED THROUGH PAYU.PL

5.3.    ELECTRONIC PAYMENTS SERVICE IS CONDUCTED BY TWO SETTLEMENT AGENTS:

5.3.1.    PAYU SPÓŁKA AKCYJNA WITH ITS REGISTERED OFFICE IN POZNAŃ(UL. MARCELIŃSKA 90, 60-324 POZNAŃ) HAS BEEN ENTERED INTO THE REGISTRY BY THE DISTRICT COURT FOR POZNAŃ – NOWE MIASTO AND WILDA IN POZNAŃ, 8TH COMMERCIAL DEPARTMENT OF THE NATIONAL COURT REGISTER UNDER KRS NUMBER 0000274399. THE COMPANY’S TAX IDENTIFICATION NUMBER IS NIP 779-23-08-495 AND ITS SHARE CAPITAL AMOUNTS TO 4,000,000.00 PLN – PAID IN FULL.

5.3.2.    PAYPAL.PL –PAYPAL (EUROPE) S.À R.L. & CIE, S.C.A., 5TH FLOOR, 22-24 BOULEVARD ROYAL L-2449.

5.4  IN CASE OF A PAYMENT METHOD OTHER THAN CASH ON DELIVERY OF A PARCEL, A CLIENT IS OBLIGED TO MAKE A PAYMENT WITHIN 7 DAYS FROM THE MOMENT OF CONCLUSION OF A SALES CONTRACT.

5.5.   IN CASE OF CLIENTS WHO ARE NOT CONSUMERS, THE SELLER HAS THE RIGHT TO RESTRICT AVAILABLE PAYMENT METHODS AS WELL AS REQUIRE PREPAYMENT (WHICH EQUALS FULL PRICE OR PART OF THE PRICE).

6.    PRICE, PRODUCTS DELIVERY DATE AND METHODS OF SHIPPING

6.1.    THE SELLER IS HONOURING THE FOLLOWING DELIVERY METHODS:

6.1.1.    REGISTERED MAIL

6.1.2.    PARCEL; PARCEL WITH CASH ON DELIVERY;

6.2.    DELIVERY OF PRODUCTS IS AVAILABLE FOR EVERYBODY.

6.3.    POSSIBLE DELIVERY PAYMENTS ARE INDICATED IN THE COURSE OF PLACING AN ORDER.. THEY ARE LINKED TO A DELIVERY AND PAYMENT METHOD CHOSEN BY A CLIENT. THE COST OF DELIVERY IS ALSO INDICATED ON THE ONLINE SHOP WEBSITE IN THE SECTION “DELIVERY COST”.

6.4.    A PRODUCT IS DELIVERED TO A CLIENT WITHIN 15 WEEKDAYS, UNLESS THE PERIOD WAS SHORTENED IN THE COURSE OF PLACING AN ORDER OR IT WAS STATED OTHERWISE. THIS PERIOD SHOULD BE COUNTED IN THE FOLLOWING WAY:

6.4.1.    WHEN A CLIENT CHOSES A BANK TRANSFER OR ELECTRONIC PAYMENT – FROM THE DAY OF RECOGNISING THE TRANSACTION ON A SELLER’S BANK ACCOUNT OR OFFSET ACCOUNT 

6.4.2.    WHEN A CLIENT CHOSES CASH ON DELIVERY AS A METHOD OF PAYMENT – FROM THE MOMENT OF CONCLUDING A SALES CONTRACT.

6.5.     IN ACCORDANCE WITH ART. 545 § 2 OF CIVIL CODE IN CASE OF DELIVERING A PRODUCT TO A CLIENT BY A COURIER, THE FORMER IS OBLIGED TO CHECK THE CONDITION OF A PARCEL. IF A CLIENT ESTABLISHES THAT A PRODUCT WAS DAMAGED DURING TRANSPORTATION, HE OR SHE IS OBLIGED TO UNDERTAKE ALL ACTIONS NEEDED TO DETERMINE THAT A COURIER IS RESPONSIBLE (E.G. FILL OUT A DAMAGE CLAIM IN THE PRESENCE OF THE COURIER).

7.     TERMS OF TERMINATION OF CONTRACTS FOR PROVISION OF ELECTRONIC SERVICES

7.1.     THE SERVICE PROVIDER AND A SERVICE RECIPIENT MAY TERMINATE A CONTRACT FOR THE PROVISION OF ELECTRONIC SERVICE AT ANY TIME BY AGREEMENT OF THE PARTIES.

7.2.     TERMINATION OF CONTRACTS FOR PROVISION OF ELECTRONIC SERVICES:

7.2.1.    A CONTRACT FOR PROVISION OF ELECTRONIC SERVICES CAN BE TERMINATED IF IT IS CONTINUOUS AND OPEN-ENDED. (E.G. RUNNING ACCOUNT IN THE ONLINE SHOP)

7.2.2.    A SERVICE RECIPIENT MAY TERMINATE A CONTRACT WITHOUT INDICATING ANY REASON BY SENDING A STATEMENT ELECTRONICALLY TO THE SERVICE PROVIDER’S E-MAIL ADDRESS: E-STUDIO@SELVASTORE.COM OR IN WRITING TO THE SERVICE PROVIDER’S ADDRESS: UL. STEFANA KISIELEWSKIEGO 5, 60-461 POZNAŃ. IN THIS CASE A CONTRACT TERMINATES AFTER 7 DAYS FROM A DAY WHEN A NOTICE OF TERMINATION OF CONTRACT IS GIVEN (TERM OF NOTICE).

7.2.3.    WHEN A SERVICE RECIPIENTS WHO IS ALSO A CONSUMER, OBJECTIVELY, FLAGRANTLY OR PERSISTENTLY VIOLATES THE REGULATIONS, ESPECIALLY BY PROVIDING UNLAWFUL CONTENT, THE SERVICE PROVIDER MAY TERMINATE A CONTINUOUS CONTRACT, UPON PREVIOUS, AT LEAST ONE, INEFFECTIVE CEASE AND DESIST ORDER WITH AN APPOINTED DATE TO REMOVE THE INAPPROPRIATE CONTENT. IN THIS CASE A CONTRACT TERMINATES AFTER 7 DAYS FROM A DATE  WHEN A NOTICE OF TERMINATION OF CONTRACT IS GIVEN (TERM OF NOTICE).

7.2.4.     IN CASE OF A SERVICE RECIPIENT WHO IS NOT A CUSTOMER, THE SERVICE PROVIDER MAY TERMINATE AN OPEN-ENDED CONTINUOUS CONTRACT FOR PROVISION OF ELECTRONIC SERVICES WITHOUT REASON GIVING WITH IMMEDIATE BY SENDING AN APPLICABLE LETTER ELECTRONICALLY OR IN WRITING TO A SERVICE RECIPIENT’S ADDRESS INDICATED IN A CLIENT’S ACCOUNT.

8.    COMPLAINTS PROCEDURE

8.1.    IN THE EVENTS OF COMPLAINTS PERTAINING TO A PRODUCT BEING INCONSISTENT WITH A SALES CONTRACT:

8.1.1.     IN THE EVENT OF A PRODUCT BEING INCONSISTENT WITH A SALES CONTRACT, THE LIABILITY OF A SELLER TOWARD A CLIENT – A NATURAL PERSON, WHO PURCHASES A PRODUCT FOR THE PURPOSE NOT INVOLVING THE OCCUPATION OR THE BUSINESS, ARE SPECIFIED IN THE ACT ON SPECIFIC TERMS AND CONDITIONS OF CONSUMER SALE AND AMENDMENTS TO THE CIVIL CODE FROM 27TH JULY 2002  (JOURNAL OF LAWS, NO. 141, ITEM 1176 AS AMENDED)

8.1.2.    NOTIFICATION ABOUT INCONSISTENCY OF A PRODUCT WITH A SALES CONTRACT AND SUBMISSION OF AN APPLICABLE DEMAND MAY BE SEND IN WRITING TO THE ADDRESS: UL. STEFANA KISIELEWSKIEGO 5, 60-461 POZNAŃ OR ELECTRONICALLY TO: E-STUDIO@SELVASTORE.COM 

8.1.3.    WHEN IT IS NECESSARY TO EVALUATE THE INCONSISTENCY OF A PRODUCT WITH A SALES CONTRACT, A PRODUCT HAS TO BE DELIVERED TO: UL. STEFANA KISIELEWSKIEGO 5, 60-461 POZNAŃ.

8.1.4.    A CUSTOMER WILL RECEIVE A RESPONSE TO THE REPORTED COMPLAINT WITHIN 14 DAYS. THE REPLY WILL BE SEND TO AN ADDRESS GIVEN BY A CLIENT UNLESS A CLIENT WISHES OTHERWISE.

8.1.5.     IN CASE OF PRODUCTS EMBRACED BY THE WARRANTY, THE WARRANTY ISSUED BY THE SELLER DOES NOT EXCLUDE, LIMIT OR SUSPENDS A CONSUMER RIGHTS RESULTING FROM THE DISCREPANCY IN CONTRACTED GOODS.

8.2.     IN THE EVENTS OF COMPLAINTS PERTAINING TO ELECTRONIC SERVICES PROVIDED BY A SERVICE PROVIDER

8.2.1.    COMPLAINTS RELATING TO ELECTRONIC SERVICES PROVIDED BY A SERVICE PROVIDER VIA ONLINE SHOP, A SERVICE RECIPIENT MAY SUBMIT ELECTRONICALLY: E-STUDIO@SELVASTORE.COM OR IN WRITING: UL. STEFANA KISIELEWSKIEGO 5, 60-461 POZNAŃ.

 

8.2.2.    IT IS RECOMMENDED TO PROVIDE IN THE ABOVE-MENTIONED COMPLAINT AS MANY DETAILS CONCERNING THE SUBJECT OF COMPLAINT AS POSSIBLE, ESPECIALLY THOSE CONCERNING THE TYPE OF IRREGULARITY AND DATE OF ITS APPEARANCE.

8.2.3.    THE SERVICE PROVIDER WILL EXAMINE A REPORTED COMPLAINT IMMEDIATELY, WITHIN 14 DAYS.

8.2.4.    A CUSTOMER WILL RECEIVE A RESPONSE TO THE REPORTED COMPLAINT TO THE ADDRESS GIVEN IN A COMPLAINT FORM UNLESS A CLIENT WISHES OTHERWISE.

 

8.3.     COMPLAINTS IN THE EVENTS OF WRONGLY OR NOT EXECUTED PAYMENT SERVICE

8.3.1.    COMPLAINTS IN THE EVENTS OF WRONGLY OR NOT EXECUTED PAYMENT SERVICE NEED TO BE SUBMITTED TO THE SETTLEMENT AGENTS:

8.3.1.1.     PAYU SPÓŁKA AKCYJNA WITH ITS REGISTERED OFFICE IN POZNAŃ - WWW.PAYU.PL, THE CONTACT FORM(WWW.PAYU.PL/KONTAKT/FORMULARZ-KONTAKTOWY-DLA-KUPUJACYCH), CONTACT TELEPHONE NUMBER (61) 630 60 05.

8.3.1.2.    PAYPAL.PL –PAYPAL (EUROPE) S.À R.L. & CIE, S.C.A., 5TH FLOOR, 22-24 BOULEVARD ROYAL L-2449 - HTTPS://WWW.PAYPAL.COM/PL, THE CONTACT FORM (HTTPS://WWW.PAYPAL.COM/PL/CGI-BIN/HELPSCR?CMD=_HELP&T=ESCALATETAB), CONTACT TELEPHONE NUMBER: 801 38 66 86.

9.     RIGHT OF WITHDRAWAL FROM THE CONTACT

9.1.     A SERVICE RECIPIENT (CLIENT), ALSO A CONSUMER, WHO HAS CONCLUDED A DISTANCE CONTRACT MAY TERMINATE IT BY SENDING AN APPLICABLE LETTER WITHIN 10 DAYS. TO MEET THE DEADLINE IT IS ENOUGH TO SEND A LETTER BEFORE THE DEADLINE. IT CAN BE SENT TO THE FOLLOWING ADDRESS: UL. STEFANA KISIELEWSKIEGO 5, 60-461 POZNAŃ.

9.2.    SAMPLE WITHDRAWAL TEMPLATE FROM A DISTANCE CONTRACT IN APPENDIX 1 TO THE REGULATIONS.

9.3.    IN THE EVENT OF WITHDRAWING FROM A CONTRACT, A CONTRACT IS CONSIDERED NOT CONCLUDED, AND A CONSUMER IS DISCHARGED FROM LIABILITIES. SERVICES PROVIDED BY BOTH PARTIES HAVE TO BE RETURNED UNCHANGED UNLESS THE CHANGE WAS NECESSARY IN THE COURSE OF USING A PRODUCT.

9.4.    A SERVICE PROVIDER (SELLER) WILL RETURN THE PAYMENT TO A NUMBER ACCOUNT GIVEN BY A CONSUMER UNLESS A CONSUMER CHOOSES OTHER METHOD OF RETURNING THE PAYMENT.

9.5.    A CONSUMER MAY WITHDRAW FROM A CONTRACT WITHIN TEN DAYS FROM THE DAY OF GIVING A PRODUCT, OR IN CASE OF A CONTRACT FOR PROVISION OF ELECTRONIC SERVICES, FROM A DAY OF CONCLUDING IT.

9.6.      A CONSUMER DOES NOT HAVE THE RIGHT TO WITHDRAW FROM A DISTANT SALES CONTRACT IN THE FOLLOWING CASES: (1)  WHEN PROVISION OF  SERVICES HAS ALREADY STARTED, WITH A CONSUMER CONSENT, BEFORE THE APPOINTED DATE, MENTIONED IN 9.1 AND 9.5; (2)  WHEN IT CONCERNS AUDIOVISUAL RECORDS AND RECORDS STORED ON A COMPUTER DATA STORAGE AFTER REMOVING THEIR ORIGINAL PACKAGE BY A CONSUMER; (3) WHEN CONTRACTS CONCERN SERVICES FOR WHICH PRICES AND REMUNERATION DEPEND ONLY ON THE PRICE MOVEMENT OF FINANCIAL MARKET; (4) WHEN THE CHARACTERISTICS OF SERVICE HAVE BEEN DEFINED BY A CONSUMER IN THE COURSE OF PLACING AN ORDER OR ARE STRICTLY RELATED TO A CONSUMER; (5) WHEN SERVICES OWING TO THEIR CHARACTERISTICS CANNOT BE RETURNED OR IF THE SUBJECT OF SERVICES HAS A SHORT-TERM EXPIRATION DATE; (6) IN CASE OF CONSUMER PROVIDING PRESS;  (7)  IN CASE OF CONSUMER PROVIDING GAMBLING SERVICES.

10.     FINAL PROVISIONS

10.1.    CONTRACTS VIA ONLINE SHOP ARE CONCLUDED IN ACCORDANCE WITH THE POLISH LAW AND IN THE POLISH LANGUAGE.

10.1.1.    CHOICE OF THE POLISH LAW DOES NOT DEPRIVE A CONSUMER OF THE PROTECTION ASSURED TO HIM BY THE LAW, WHICH WOULD APPLY IF THERE WAS NO CHOICE SITUATION, AND WHICH CANNOT BE EXCLUDED ON THE BASIS OF A CONTRACT, I.E. THE LAW OF A STATE, IN WHICH A CONSUMER HAS A HABITUAL RESIDENCE AND AN ENTREPRENEUR (1) RUNS HIS BUSINESS IN A STATE IN WHICH A CONSUMER HAS A HABITUAL RESIDENCE; OR (2) DIRECTS HIS BUSINESS IN ANY WAY TOWARDS THE STATE OR SEVERAL STATES INCLUDING THE STATE; AND A CONTRACT IS WITHIN THE SCOPE OF THIS BUSINESS.

10.2.    CHANGES IN THE REGULATIONS:

10.2.1.    THE SERVICE PROVIDER RESERVES THE RIGHT TO MAKE CHANGES IN THE REGULATIONS FOR IMPORTANT REASONS, I.E. CHANGES OF THE LAW; CHANGES IN THE PAYMENT AND DELIVERY METHODS, CHANGES IN SCOPE, PRICES OR FORMS OF PROVIDING ELECTRONIC SERVICES, SELLER’S ADDRESS CHANGE – IF THE CHANGES AFFECT THE REALISATION OF THE  REGULATIONS.

10.2.2.     THE CHANGED REGULATIONS ARE STILL BINDING FOR A SERVICE RECIPIENT, IF REQUIREMENTS OF ART.384 OF THE CIVIL CODE HAVE BEEN MET, E.G. A SERVICE RECIPIENT WAS PROPERLY NOTIFIED ABOUT CHANGES AND A SERVICE RECIPIENT DID NOT TERMINATE A CONTINUOUS CONTRACT FOR PROVISION OF ELECTRONIC SERVICES WITHIN 14 DAYS FROM THE DAY OF NOTIFICATION.

10.2.3.    CHANGED IN THE REGULATIONS WILL NOT INFRINGE IN ANY WAY THE ACQUIRED RIGHTS OF SERVICE RECIPIENTS (CONSUMERS), WHO HAVE BEEN USING ONLINE SHOP BEFORE THE CHANGES WERE IMPLEMENTED. ESPECIALLY THE CHANGES WILL NOT AFFECT ALREADY PLACED ORDERS, CONCLUDED OR EXECUTED CONTRACTS.

10.2.4.    IN CASE OF CHANGES IN THE REGULATIONS RESULTING IN INTRODUCING ANY NEW PAYMENTS OR THE PRICE RISE, A SERVICE RECIPIENT, CONSUMER, HAS THE RIGHT TO WITHDRAW FROM A CONTRACT.

10.3.    IN CASE OF MATTERS NOT REGULATED IN THE REGULATIONS, THE FOLLOWING RULES APPLY: THE CIVIL CODE, ACT OF 18TH JULY  2002 ON PROVIDING SERVICES BY ELECTRONIC MEANS (JOURNAL OF LAWS, NO. 144, ITEM 1204 AS AMENDED); ACT OF 2ND MARCH 2000 ON THE PROTECTION OF CONSUMER RIGHTS AND LIABILITY FOR DAMAGE CAUSED BY DANGEROUS PRODUCTS (JOURNAL OF LAWS, NO. 22, ITEM 271 AS AMENDED); ACT OF 27TH JULY 2002 ON SPECIFIC TERMS AND CONDITIONS OF CONSUMER SALE AND AMENDMENTS TO THE CIVIL CODE (JOURNAL OF LAWS, NO. 144, ITEM 1176 AS AMENDED) AND OTHER APPLICABLE ACTS OF THE POLISH LAW.

 

10.4.    DISPUTES RESOLUTION:

10.4.1.    ANY DISPUTES BETWEEN A SERVICE RECIPIENT AND A SERVICE PROVIDER, WHO IS AT THE SAME TIME A CONSUMER, WILL BE PLACED BEFORE A COURT OF LAW FOR RESOLUTION.


10.4.2.     ANY DISPUTES BETWEEN A SERVICE RECIPIENT AND A SERVICE PROVIDER, WHO IS NOT A CONSUMER, WILL BE PLACED BEFORE A PROPER COURT OF LAW IN ACCORDANCE WITH THE ADDRESS OF THE SERVICE PROVIDER’S REGISTERED OFFICE.


 
APPENDIX 1. SAMPLE WITHDRAWAL TEMPLATE FROM A DISTANCE CONTRACT

 



SAMPLE WITHDRAWAL TEMPLATE FROM A DISTANCE CONTRACT

(THIS FORM NEEDS TO BE COMPLETED AND SENT TO THE SERVICE PROVIDER ONLY IN CASE OF WILLINGNESS TO WITHDRAW FROM A CONTRACT)



< CLIENT’S PERSONAL DETAILS>
…………………………………
…………………………………

SELVA ADAM KOZIOŁ
UL. STEFANA KISIELEWSKIEGO 5, 60-461 POZNAŃ


I/WE (*) HEREAFTER SIGNED .................................. WITHDRAW FROM THE SALES CONTRACT  OF FOLLOWING PRODUCTS/PROVIDING FOLLOWING SERVICE(*) ..............……………………………………………………………………………………………………………………

DATE OF ORDER: (*)    

PRODUCT DELIVERY DATE: (*)    

NAME AND SURNAME/FULL NAME(S) OF A CONSUMER(S):    

CONSUMER’S ADDRESS:    

PLEASE RETURN THE PAYMENT TO THE FOLLOWING BANK ACCOUNT/ IN THE FOLLOWING METHOD (*) :
  
CONSUMERS SIGNATURE (ONLY IF THE FORM IS TO BE SENT IN A PAPER VERSION)

PLACE/DATE:


(*) –CROSS OUT WHICHEVER DOES NOT APPLY

 

 

 

 

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