The conclusion of the agreement betweenBuyersAVendorsCan occur in two ways.
BuyerHas the right, prior to placing an order, to negotiate any provisions of the contract with theVendors, including those amending the provisions of the following regulations. Negotiations, these should be conducted in writing and addressed to the addressSeller(LORETTI- MARIKA SZLAPSszeroka Street 4,Kokoszczyn 62-081 Tarnowo Podgórne ).
In case of resignation byBuyerFrom 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 theprice list for deliveriesLocated 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 subpagestoreContaining information on a singleproduct.
Customer- an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making atSellerPurchase 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 theSellerPurchase not directly related to its business or professional activity.
Basket- a list of products compiled from those offered instore productson the basis of electionsBuyer.
Buyer- bothConsumer, as well asCustomer.
Place of issue of the item-postal addressOrcollection pointIndicated inorderviaBuyer.
The moment of release of the item- moment whenBuyerOr a third party designated by him for collection will take possession of the thing.
Payment- method of making payment forsubject matterIdeliveryListed at (your website)
Consumer law- Consumer Rights Law of May 30, 2014.
Product -Minimum and indivisible quantitystuff, which may be subject toorders, and which is given inseller's storeAs the unit of measurement in determining its price (price/unit).
Subject of the contract- products and delivery subject tocontracts.
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 theSellerWstore.
Thing -A movable thing that can be or is the subject ofcontracts.
Store- internet service available at..., through whichBuyerMay submitorder.
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 onproduct sheetNumber 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 aConsumersAnd contract of sale within the meaning of Article 535 of the Civil Code Act of April 23, 1964 in the case ofBuyers.
Defect- bothphysical defect, as well aslegal 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 whichSellerProvidedConsumer,
is not suitable for the purpose of whichConsumerReportedSellerAt the conclusion of the contract, aSellerDid not object to such an assignment;
has beenConsumerissued in an incomplete state;
in the event of improper installation and commissioning of it, if these actions were performed by theSellerOr a third party for whomSellerIs liable, or byConsumer, who followed the instructions received from theSeller;
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, unlessSellerthese assurances he did not know or, judging reasonably, could not have known or they could not have influenced the decisionConsumerConclusioncontracts, or when their content was corrected before the conclusion of thecontracts.
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 intentBuyersubmitted viastorestating unequivocally: type and quantityproducts; sort ofdeliveries; sort ofPayments; place of issue, dataBuyerAnd aimed directly at concludingcontractsbetweenBuyersAVendors.
§2 General conditions
ContractIs concluded in the Polish language, in accordance with Polish law and these regulations.
Place of issue of the itemmust be located in the territory ofRepublic of Poland. (???)
Selleris obliged and undertakes to provide services and things free fromdefects.
All prices quoted bySellerAre expressed in Polish currency and are gross prices (including VAT). Pricesproductsdo not include the cost ofdeliveries, which is defined inprice list for deliveries.
All time limits are calculated in accordance with Article 111 of the Civil Code, i.e. tthe term specified in days ends at the end of the last day, and thejif 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 thecontractsin order to access this information in the future takes the form of:
(a) confirmationsordersBy 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 realizedorders, sent to the indicatedplaces of issueprinted:proof of purchase, information about the right of withdrawal, these terms and conditions, model withdrawal form.
SellerInforms about known guarantees provided by third parties for theproductslocated instore.
SellerDoes not charge any fees for communicating with it by means of remote communication, andBuyerShall 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.
BuyerCan use the option of remembering his data bystoreIn order to facilitate the process of submitting the nextorders. For this purposeBuyerShould provide the login and password necessary to access his account. The login and password are a string of characters established by theBuyer, which is obliged to keep them secret and protect them from unauthorized access by third parties.Buyerhas the ability at any time to view, correct, update data and delete the account in thestore.
Sellerapplies tocode of good practice.
§3 Contract conclusion and implementation
OrdersCan be submitted 24 hours a day.
In order to submitorders Buyershould do at least the following, some of which can be repeated many times:
addition toproduct basket;
type selectiondeliveries;
type selectionpayments;
selectionplaces of issue;
submission instore ordersBy using the "I order with obligation to pay".
ConclusioncontractsZConsumeroccurs with the submission oforders.
Implementationorders Consumerpaid on delivery, shall be made immediately, andordersPaid by bank transfer or via electronic payment system after the payment is creditedConsumeron accountSeller, which should be done within 7 days of submissionorders, unlessConsumerhe was unable to fulfill the benefit through no fault of his own and informed about itSeller.
ConclusioncontractsZCustomeroccurs with the adoption ofordersViaSeller, which it reportsCustomerWithin 48 hours of submissionorders.
Implementationorders Customerpayable on delivery takes place immediately after the conclusion of thecontracts, aordersPaid by bank transfer or through an electronic payment system after the conclusion of thecontractsAnd posting of paymentCustomeron accountSeller.
Implementationorders CustomerMay be subject to payment of all or part of the value of theordersOr obtain a trade credit limit of at least the value ofordersOr consentsSellerOn sendingordersCash on delivery (paid on delivery).
Sendingsubject matterOccurs on the date specified on thecard product, and forordersComposed of manyproductsWithin the longest timeframe of those specified on thecards products. The time limit begins to run when the implementationorders.
Purchasedsubject matterIs together with theBuyer with a sales documentSent to the selected byBuyerkind ofdeliveriesTo the designatedBuyerwordering the place of release of the item, with the attached attachments referred to in the§2(6b).
§4 Right to withdraw from the contract
Consumer, is entitled under Article 27Consumer lawThe 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 34Consumer law.
The deadline for withdrawal from a distance contract is 14 days fromthe moment the item is released, and to meet the deadline it is sufficient to send the statement before its expiration.
Declaration of withdrawalConsumerMay submit on a form, the model of which is attached as Appendix No. 2 to theConsumer law, on the form available at ... or in another form in accordance with theConsumer law.
SellerWill immediately confirmConsumerto the e-mail (provided at the conclusion ofcontractsAnd other if specified in the submitted statement) receipt of the withdrawal notice.
In case of withdrawal from the contract,contractis considered not concluded.
ConsumerIs obliged to return the itemSellerImmediately, 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.
ConsumerSends back the items that are the subject of the contract from which he has withdrawn at his own expense and risk.
ConsumerShall 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.
SellerImmediately, but not later than within 14 days from the date of receipt of the statement of withdrawal from the contract made by theConsumerwill returnConsumerAll payments made by him, including the cost of delivering the item, and if theConsumerHas chosen a delivery method other than the cheapest ordinary delivery method offered by theSeller,SellerWill not returnConsumerAdditional costs in accordance with Article 33Consumer law.
Sellershall refund the payment using the same methodpayments, that he usedConsumer, unlessConsumerClearly agreed to a different waypayments, which does not involve any costs for him.
SellerMay withhold reimbursement of the payment received from theConsumerUntil the item is received back or delivered by theConsumerProof of its return, whichever event occurs first.
Consumerin accordance with Article 38Consumer lawthere is no right to withdraw from the contract:
in which the price or remuneration depends on fluctuations in the financial market, over which theSellerDoes not control, and which may occur before the expiration of the withdrawal period;
wherebysubject matterIs a non-refabricated item, manufactured to the consumer's specifications or serving to meet his individualized needs;
wherebysubject matterAre things that, once delivered, by their nature, become inseparable from other things;
§5 Warranty
Sellerpursuant to article 558§1Civil Codecompletely excludes liability toCustomersfor physical and legal defects (warranty).
SellerIs liable toConsumerUnder the terms of Article 556Civil Codeand subsequent forCons(warranty).
In the case of an agreement withConsumerIfphysical defectWas found before the expiration of one year fromthe moment the item is released, it is assumed that it existed at the time of the passage of the danger to theConsumer.
Consumerif the thing sold hasdefect, maybe:
make a statement to request a price reduction;
make a declaration of withdrawal from the contract;
unlessSellerPromptly and without undue inconvenience toConsumerWill replace the defective thing with a defect-free one or remove the defect. However, if the thing has already been replaced or repaired by theSellerOrSellerFailed 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 theSellerremove 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 theConsumerIs either impossible or would require excessive costs compared to the method proposed by theSeller, 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 theConsumerOther means of satisfaction.
ConsumerMay not waivecontracts, ifdefectIs irrelevant.
Consumerif 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.
SellerIs obliged to replace the defective thing with a defect-free one or remove the defect within a reasonable time without undue inconvenience for theConsumer.
SellerMay refuse to comply with a requestConsumer, 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 theSellerdeliver the defective item tocomplaint address,and if, because of the nature of the thing or the way it is installed, delivery of the thing by theConsumerWould be unduly difficult,ConsumerIs obliged to make the thing availableSellerIn the place where the thing is located. In case of failure to perform the obligation bySeller ConsumerIs entitled to send the item back at the expense and peril of theSeller.
The cost of replacement or repair shall be borne bySeller, except as described in§5item 9.
SellerIs obliged to accept fromConsumerDefective thing in case of replacement of the thing with a defect-free one or withdrawal from the contract.
Sellerwithin 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 demandConsumer.
a) Selleris liable under the warranty if the physical defect is discovered before the expiration of two yearsfrom the moment of issueStuffConsumer, and if the object of sale is a used item before the expiration of one yearfrom the moment of issueStuffConsumer.
(b) ClaimConsumerfor 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 yearsfrom the moment of issueStuffConsumer, and if the object of sale is a used item before the expiration of one yearfrom the moment of issueStuffConsumer.
(c) In the event that the specified bySellerOr manufacturer's shelf life of the item ends after two years from thethe moment the item is released to the Consumer, SellerShall 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 ConsumerMay make a declaration of withdrawal from the contract or reduction of the price due to a physical defect in the sold thing, and if theConsumerDemanded 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 theConsumerOn 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 theConsumer, 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 theLegal defectsOf the sold thing shall applyrecords of physical defect, except that the time limit shall begin to run from the day on whichConsumerLearned of the existence of the defect, and ifConsumerLearned 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 itemConsumermade 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 theSellerIs 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 theSellerthe defect was deceitfully concealed.
(i) SellerAs long as it is obliged to provide a service or financial benefit to theConsumerWill 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 byConsumers storeIsSeller.
SellerUndertakes 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.Buyerby providing your personal information when placing an orderSellerConsents to their processing bySellerfor the purpose of processing the order placed.Buyerhas 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 theordersViastoreAre described in the Privacy Policy, which can be found at:...
§7 Final provisions
Nothing in these regulations is intended to violate the rights of theBuyer. Nor can it be interpreted in this way, since if any part of the regulations is inconsistent with applicable lawSellerDeclares 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 registeredBuyerWill 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 toBuyerUnder the terms and conditions tab .... During the execution of the order and throughout the after-sales care periodBuyerthe terms and conditions accepted by him when placing the order shall apply. Except whenConsumerfinds it less favorable than the current one and will inform theSelleron choosing the current one as valid.
In matters not covered by these regulations, the relevant applicable laws shall apply. Disputed issues, ifConsumerExpresses 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 theConsumer.