The conclusion of the agreement between Buyers and Vendors can occur in two ways.
Buyer has the right, prior to placing an order, to negotiate any provisions of the contract with the Vendors, including those amending the provisions of the following regulations. Negotiations, these should be conducted in writing and addressed to the address Seller (LORETTI - MARIKA SZLAPS, Szeroka Street 4, Kokoszczyn 62-081 Tarnowo Podgórne).
In case of resignation by Buyer from the possibility of concluding a contract by individual negotiation, the following rules of procedure and applicable laws shall apply.
REGULATIONS
§1 Definitions
Mailing address - name or name of the institution, location in the locality (in the case of a locality divided into streets: street, building number, apartment or apartment number; in the case of a locality not divided into streets: name of the locality and property number), postal code and locality.
Claims Address:
LORETTI - MARIKA SZLAPS
ul. Szeroka 4, Kokoszczyn 62-081 Tarnowo Podgórne
Price list for deliveries - located at ... a summary of available delivery types and their costs.
Contact information:
LORETTI - MARIKA SZLAPS
4 Szeroka Street, Kokoszczyn
62-081 Tarnowo Podgórne
e-mail: butik--italy@wp.pl
phone: (+48) 516-002-001
Delivery - Type of transportation service with the carrier and cost listed in the price list for deliveries located at the address Przezmierowo, ul. Rynkowa 55.
Proof of purchase - An invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
Product card - single subpage store containing information on a single product.
Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making at Seller purchase directly related to its business or professional activity.
Civil Code - Civil Code Act of April 23, 1964, as amended.
Code of good practice - A set of rules of conduct, and in particular ethical and professional standards, referred to in Article 2 item. 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
Consumer - an adult natural person with full legal capacity, making at the Seller purchase not directly related to its business or professional activity.
Basket - a list of products compiled from those offered in store products on the basis of elections Buyer.
Buyer - both Consumer, as well as Customer.
Place of issue of the item - postal address or collection point indicated in order via Buyer.
The moment of release of the item - moment when Buyer or a third party designated by him for collection will take possession of the thing.
Payment - method of making payment for subject matter and delivery listed at (your website)
Consumer law - Consumer Rights Law of May 30, 2014.
Product - Minimum and indivisible quantity of stuff, which may be subject to orders, and which is given in seller's store as the unit of measurement in determining its price (price/unit).
Subject of the contract - products and delivery subject to contracts.
Subject matter - subject of the agreement.
Collection point - The place of delivery of the item, which is not a postal address, listed in the summary provided by the Seller in store.
Thing - A movable thing that can be or is the subject of contracts.
Store - internet service available at ..., through which Buyer may submit order.
Seller:
LORETTI - MARIKA SZLAPS
ul. Szeroka 4, Kokoszczyn 62-081 Tarnowo Podgórne
TAX ID: 7773161708, REGON: 301456276, GIODO: ...
BANK ACCOUNT: 45 1140 2004 0000 3302 5439 6650
System - a set of cooperating information technology equipment and software, providing for the processing and storage, as well as sending and receiving data through telecommunications networks by means of a terminal device appropriate for the type of network, commonly referred to as the Internet.
Implementation date - stated on product sheet number of hours or working days.
Contract - an agreement concluded off-premises or at a distance within the meaning of the Consumer Rights Act of May 30, 2014 in the case of Consumers and contract of sale within the meaning of Article 535 of the Civil Code Act of April 23, 1964 in the case of Buyers.
Defect - both physical defect, as well as legal defect.
Physical defect - The non-conformity of the sold thing with the contract, and in particular if the thing:
it does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or purpose;
does not have the properties of which Seller provided Consumer,
is not suitable for the purpose of which Consumer reported Seller at the conclusion of the contract, and Seller did not object to such an assignment;
has been Consumer issued in an incomplete state;
in the event of improper installation and commissioning of it, if these actions were performed by the Seller or a third party for whom Seller is liable, or by Consumer, who followed the instructions received from the Seller;
it does not have the characteristic assured by the manufacturer or its representative or the person who places the thing on the market in the course of his business and the person who, by placing his name, trademark or other distinctive sign on the thing sold, presents himself as the manufacturer, unless Seller these assurances he did not know or, judging reasonably, could not have known or they could not have influenced the decision Consumer conclusion contracts, or when their content was corrected before the conclusion of the contracts.
Legal defect - the situation when the thing sold is owned by a third party or encumbered by a right of a third party, and also if the restriction on the use or disposal of the thing results from a decision or ruling of a competent authority.
Order - declaration of intent Buyer submitted via store stating unequivocally: type and quantity products; sort of deliveries; sort of Payments; place of issue, data Buyer and aimed directly at concluding contracts between Buyers and Vendors.
§2 General conditions
Contract is concluded in the Polish language, in accordance with Polish law and these regulations.
Place of issue of the item must be located in the territory of Republic of Poland.
Seller is obliged and undertakes to provide services and things free from defects.
All prices quoted by Seller are expressed in Polish currency and are gross prices (including VAT). Prices products do not include the cost of deliveries, which is defined in price list for deliveries.
All time limits are calculated in accordance with Article 111 of the Civil Code, i.e. the term specified in days ends at the end of the last day, and the if the beginning of a period marked in days is a certain event, the day on which the event occurred shall not be included in the calculation of the period.
Confirm, make available, record, secure all material provisions of the contracts in order to access this information in the future takes the form of:
(a) confirmations orders by sending to the indicated e-mail address: order, pro forma invoice, information about the right to withdraw from the contract, these regulations in pdf version, model withdrawal form in pdf version, links to self-download regulations and model withdrawal form;
(b) to join the realized orders, sent to the indicated places of issue printed: proof of purchase, information about the right of withdrawal, these terms and conditions, model withdrawal form.
Seller informs about known guarantees provided by third parties for the products located in store.
Seller does not charge any fees for communicating with it by means of remote communication, and Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling remote communication.
Buyer can use the option of remembering his data by store in order to facilitate the process of submitting the next orders. For this purpose Buyer should provide the login and password necessary to access his account. The login and password are a string of characters established by the Buyer, which is obliged to keep them secret and protect them from unauthorized access by third parties. Buyer has the ability at any time to view, correct, update data and delete the account in the store.
Seller applies to code of good practice.
§3 Contract conclusion and implementation
Orders can be submitted 24 hours a day.
In order to submit orders Buyer should do at least the following, some of which can be repeated many times:
addition to product basket;
type selection deliveries;
type selection payments;
selection places of issue;
submission in store orders by using the "I order with obligation to pay".
Conclusion contracts with Consumer occurs with the submission of orders.
§4 Right to withdraw from the contract
Consumer, is entitled under Article 27 Consumer law the right to withdraw from a contract concluded at a distance, without giving a reason and without incurring costs, except for the costs specified in Article 33, Article 34 Consumer law.
The deadline for withdrawal from a distance contract is 14 days from the moment the item is released, and to meet the deadline it is sufficient to send the statement before its expiration.
Declaration of withdrawal Consumer may submit on a form, the model of which is attached as Appendix No. 2 to the Consumer law, on the form available at ... or in another form in accordance with the Consumer law.
Seller will immediately confirm Consumer to the e-mail (provided at the conclusion of contracts and other if specified in the submitted statement) receipt of the withdrawal notice.
In case of withdrawal from the contract, contract is considered not concluded.
Consumer is obliged to return the item Seller immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline it is sufficient to send back the item before its expiration.
Consumer sends back the items that are the subject of the contract from which he has withdrawn at his own expense and risk.
Consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which is the result of using it in a manner beyond what is necessary to ascertain the nature, characteristics and functioning of the thing.
Seller immediately, but not later than within 14 days from the date of receipt of the statement of withdrawal from the contract made by the Consumer will return Consumer all payments made by him, including the cost of delivering the item, and if the Consumer has chosen a delivery method other than the cheapest ordinary delivery method offered by the Seller, Seller will not return Consumer additional costs in accordance with Article 33 Consumer law.
Seller shall refund the payment using the same method payments, that he used Consumer, unless Consumer clearly agreed to a different way payments, which does not involve any costs for him.
Seller may withhold reimbursement of the payment received from the Consumer until the item is received back or delivered by the Consumer proof of its return, whichever event occurs first.
Consumer in accordance with Article 38 Consumer law there is no right to withdraw from the contract:
in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the expiration of the withdrawal period;
whereby subject matter is a non-refabricated item, manufactured to the consumer's specifications or serving to meet his individualized needs;
whereby subject matter are things that, once delivered, by their nature, become inseparable from other things;
§5 Warranty
Seller pursuant to article 558§1 Civil Code completely excludes liability to Customers for physical and legal defects (warranty).
Seller is liable to Consumer under the terms of Article 556 Civil Code and subsequent for Cons (warranty).
In the case of an agreement with Consumer if physical defect was found before the expiration of one year from the moment the item is released, it is assumed that it existed at the time of the passage of the danger to the Consumer.
Consumer if the thing sold has defect, maybe:
make a statement to request a price reduction;
make a declaration of withdrawal from the contract;
unless Seller promptly and without undue inconvenience to Consumer will replace the defective thing with a defect-free one or remove the defect. However, if the thing has already been replaced or repaired by the Seller or Seller failed to comply with the obligation to replace the item with a defect-free one or to remove the defect, he is not entitled to replace the item or remove the defect.
Consumer, perhaps instead of the Seller remove the defect demand a replacement of the thing with a defect-free one, or instead of replacing the thing demand the removal of the defect, unless bringing the thing into conformity with the contract in the way chosen by the Consumer is either impossible or would require excessive costs compared to the method proposed by the Seller, while assessing the unreasonableness of the costs shall take into account the value of the defect-free item, the nature and significance of the identified defect, and shall also take into account the inconvenience to which it would expose the Consumer other means of satisfaction.
Consumer may not waive contracts, if defect is irrelevant.
Consumer if the thing sold has a defect, it may also:
Demand that the item be replaced with a defect-free one;
Demand removal of the defect.
Seller is obliged to replace the defective thing with a defect-free one or remove the defect within a reasonable time without undue inconvenience for the Consumer.
Seller may refuse to comply with a request Consumer, if it is impossible to bring the defective thing into conformity with the contract in the manner chosen by the buyer, or in comparison with the other possible way to bring it into conformity with the contract would require excessive costs.
Consumer, who exercises warranty rights, shall be obliged at the expense of the Seller deliver the defective item to complaint address, and if, because of the nature of the thing or the way it is installed, delivery of the thing by the Consumer would be unduly difficult, Consumer is obliged to make the thing available Seller in the place where the thing is located. In case of failure to perform the obligation by Seller Consumer is entitled to send the item back at the expense and peril of the Seller.
The cost of replacement or repair shall be borne by Seller, except as described in §5 item 9.
Seller is obliged to accept from Consumer defective thing in case of replacement of the thing with a defect-free one or withdrawal from the contract.
Seller within fourteen days will respond to:
a statement on the demand for a price reduction;
withdrawal statement;
Demand for replacement of the item with a defect-free one;
Demand for removal of the defect.
Otherwise, he is deemed to have recognized as legitimate the statement or demand Consumer.
a) Seller is liable under the warranty if the physical defect is discovered before the expiration of two years from the moment of issue Stuff Consumer, and if the object of sale is a used item before the expiration of one year from the moment of issue Stuff Consumer.
(b) Claim Consumer for removal of defects or replacement of the sold thing with a defect-free one-year statute of limitations, counting from the date of discovery of the defect, but not earlier than the expiration of two years from the moment of issue Stuff Consumer, and if the object of sale is a used item before the expiration of one year from the moment of issue Stuff Consumer.
(c) In the event that the specified by Seller Or manufacturer's shelf life of the item ends after two years from the the moment the item is released to the Consumer, Seller Shall be liable under the warranty for physical defects of such thing found before the expiration of this period.
(d) On the dates specified in the §5 point 9 a-c Consumer May make a declaration of withdrawal from the contract or reduction of the price due to a physical defect in the sold thing, and if the Consumer Demanded replacement of the item with a defect-free one or removal of the defect, the time limit for submission of a statement on withdrawal from the contract or reduction of the price shall begin when the time limit for replacement of the item or removal of the defect expires ineffectively.
(e) If one of the warranty rights is asserted before a court or an arbitral tribunal, the time limit for exercising the other rights of the Consumer On this account, shall be suspended until the final conclusion of the proceedings. Accordingly, it shall also apply to mediation proceedings, while the time limit for exercising other warranty rights vested in the Consumer, begins to run from the date of the court's refusal to approve the settlement reached before the mediator or the ineffective termination of the mediation.
(f) To exercise rights under the warranty for the Legal defects Of the sold thing shall apply records of physical defect, except that the time limit shall begin to run from the day on which Consumer Learned of the existence of the defect, and if Consumer Learned of the existence of a defect only as a result of an action by a third party - from the date on which the judgment rendered in the dispute with the third party became final.
(g) If due to a defect in the item Consumer made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered by the fact that he entered into the contract without knowing of the existence of the defect, even if the damage was the consequence of circumstances for which the Seller Is not liable, and in particular may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the property, reimbursement of the expenditures made to the extent that he did not benefit from them and did not receive reimbursement from a third party, and reimbursement of the costs of litigation. This is without prejudice to the provisions on the obligation to compensate for damages under the general rules.
(h) The expiration of any time limit for the discovery of a defect shall not preclude the exercise of warranty rights if the Seller the defect was deceitfully concealed.
(i) Seller As long as it is obliged to provide a service or financial benefit to the Consumer Will execute them without undue delay, no later than the deadline provided by law.
§6 Privacy policy and security of personal data
The administrator of the personal databases provided by Consumers store Is Seller.
Seller Undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997 and the Electronic Services Act of July 18, 2002. Buyer by providing your personal information when placing an order Seller Consents to their processing by Seller for the purpose of processing the order placed. Buyer has the opportunity to review, correct, update and delete his personal data at any time.
Detailed rules for the collection, processing and storage of personal data used for the implementation of the orders Via store Are described in the Privacy Policy, which can be found at: ...
§7 Final provisions
Nothing in these regulations is intended to violate the rights of the Buyer. Nor can it be interpreted in this way, since if any part of the regulations is inconsistent with applicable law Seller Declares absolute compliance and application of this law in lieu of the challenged provision of the regulations.
About the changes to the regulations and their scope registered Buyer Will be notified electronically (to the e-mail indicated at registration or ordering). The notification will be sent at least 30 days before the new regulations take effect. Amendments will be made to adapt the regulations to the current legal status.
The current version of the regulations is always available to Buyer Under the terms and conditions tab .... During the execution of the order and throughout the after-sales care period Buyer the terms and conditions accepted by him when placing the order shall apply. Except when Consumer finds it less favorable than the current one and will inform the Seller on choosing the current one as valid.
In matters not covered by these regulations, the relevant applicable laws shall apply. Disputed issues, if Consumer Expresses such a will, shall be resolved through mediation proceedings before the Provincial Inspectorate of Trade Inspection or trial before an arbitration court at the Provincial Inspectorate of Trade Inspection or through equivalent and lawful methods of pre-court or out-of-court dispute resolution indicated by the Consumer.