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TERMS AND CONDITIONS

TERMS AND CONDITIONS

These Terms and Conditions define the rules for making purchases in online store managed by the Seller at the address: http://choinki.com.pl.

The Seller is a "Firma-Handlowo-Usługowa ELEKTROBUD CELINA Dutka-MAŚLANKA," operating as one-person business, entered in the Central Business Activity Register under NIP (Tax Identification Number): 9372354377, REGON (Statistical Business Number): 361827820, also referred to as the "Service Provider."

The Service Provider can be contacted:

at the phone numbers of Customer Support Line (Helpline): 602 183 696

using the e-mail address: swiatecznedrzewka@gmail.com

 

§1 Definitions

 

1. Terms and Conditions - these terms and conditions. In terms of services provided electronically these Terms and Conditions are the regulations as referred to in Article 8 of the Act of 18 July 2002 on the provision of services electronically (Journal of Laws of 2002 No. 144, item 1204, as amended).

2. The Client (Buyer) - a natural person who is at least 13 years of age, the consent of their legal representative being required if below 18 years of age, as well as a legal person or an organizational unit without legal personality, to which legal capacity is conferred to by specific regulations, and who made or intends to make an Order or use other online store services (including the Consumer).

3. Subject of transaction - Goods listed and described on the Online Store website. Seller shall make every effort to ensure the offer presented on pages is up to date. However, if some of the Ordered Goods were not available, the Seller undertakes to immediately inform the Buyer about the situation by phone or by email.

4. Goods - the movable objects covered by the Purchase Contract.

5. Additional service - a service provided by the Service Provider to the Customer beyond the Store due to the nature of products sold.

6. Product - Goods and Additional Services presented in the Online Store.

7. Purchase Contract - a contract for sale of Products within the meaning of the Civil Code, concluded between the Service Provider and the Customer, using the means of remote communication (including by telephone).

8. Online Store - Internet service available at http://choinki.com.pl/ through which a Customer can buy a Product.

9. Party - The Service Provider and the Customer.

10. Store Website - each webpage or subpage located at http://choinki.com.pl/ website

11. Order - the Customer's declaration of will clearly specifying the type and quantity of Products aimed directly at concluding the remote Purchase Contract through the Online Store.

§ 2 General principles

1. To place an Order in the Online Store, the Buyer must read

with these Terms and Conditions and accept their provisions during placing the Order.

2. The Online Store is a retail service working via the Internet.

3. All products offered in the store are new, originally packed,

free from physical and legal defects, and have been legally placed on the Polish market.

§ 3 Ordering

1. All prices quoted on the website are gross prices in the Polish zloty (PLN - including VAT). Prices do not include shipping costs.

2. Orders are accepted through the website, by telephone or by email.

3. Orders can be placed through the website 24 hours a day, 7 days

a week throughout the year. Orders can be placed by phone or email

only in the hours shown on the Online Store website.

4. The Order is valid if Buyer properly fill out the order form

and correctly state contact details, including the exact address to which the Product is to be delivered as well as the telephone number and e-mail address.

5. In the event that these details are not complete, the Seller will contact the Buyer. If a contact with the Buyer is not possible, the Seller has the right to cancel the order.

6. The Buyer agrees to issuing and sending electronically to the indicated e-mail, an electronic image of the settlement documents, in particular VAT invoice with attachments, corrective VAT invoices with attachments and forms.

This consent shall also entitle the Seller to issue and send VAT invoices in electronic form, in accordance with the Regulation by the Minister of Finance dated 17 December 2010 on the transmission of invoices in electronic form, principles of their storage and procedures for making them available to the tax authority or tax inspection authority.

7. When submitting an Order, the Buyer may agree to place their details in the Seller's Online Store database for their processing in connection with the Order. If the Buyer's consent is given, the Buyer has the right to inspect their data, correct them and demand their removal.

8. The Buyer shall have the option of storing their details by the system in order to facilitate the process of placing the next Order. For this purpose, the Buyer shall provide the login and password needed to access their account. Customer's login is the e-mail address provided by them. Password is a string of characters determined by the Customer. The Customer password is not known to the Seller and the Customer is obliged to keep it secret and to protect it against unauthorized access by third parties.

9. After the Customer has placed a valid order, they will receive an automatic reply from the store confirming receipt of the order.

10. The order processing starts once the bank account specified in the order confirmation is credited with a payment for payments by transfer, or once the order is placed for payment by credit card or for "cash on delivery" option.

§ 4 Costs and shipping date

1. The Goods are sent to the address indicated on the order form or provided by phone or by email. The Store will inform the Customer immediately if completed order form is incorrect, which may make the shipment impossible or may delay it.

2. The Goods are delivered by a specialist courier service. In some cases, you can collect the Goods personally at the Seller's premises.

3. The shipment is delivered in accordance with the time specified on the relevant "Shipping and Payments" page. This is an approximate time of delivery and applies to "cash on delivery" option shipments. When selecting the "transfer" or "payment by credit card or online transfer" payment options, the time required to credit the store bank account with the payment (usually 1-2 days) should be added to the time specified on the website.

4. The Buyer shall be charged with delivery (shipping) costs specified in the transport price list. The amount of fees shall depend on the type of transport and payment. The Buyer may read the price list at any time by clicking the "Transport pricing" link.

§ 5 Payments

1. A receipt or a proof of purchase (invoice) is issued for each product sold. 

2. The ordered goods can be paid for cash on delivery (upon receipt of the goods), through the electronic payment system (system name) or by transfer to the bank account of the store.

3. For certain types of Products, the Service Provider reserves the right to restrict the payment method by excluding the selected payment options on the website.

4. All discounts in the form of a wee are provided to the customer registered in the system weeconomy who placed orders via the www.yubyyu.com.

 

§ 6 Receipt of the goods

1. Deliveries are made of the territory of the Republic of Poland.

2. Before accepting the parcel from the post office or a courier, check whether the packaging is not damaged in transport. Pay particular attention to the condition of tapes or seals on the package. If the package is damaged or the seals (tapes) are broken, do not accept it and prepare a damage protocol in the presence of the courier and contact the seller as soon as possible to resolve the matter. If no irregularities as to the quality or quantity of the shipment are reported upon receipt, this may have a negative effect on the consideration of Customer claims concerning parcel damage or theft in transport.

 

§ 6 Withdrawal from the Contract

1. A Consumer who has concluded a remote contract has the right to withdraw from the contract without giving any reasons, by making a statement in writing. However this right is limited and granted only for 10 days (legal basis: Art. 7 subpar. 1 of the Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous products Journal of Laws No. 22, item 271 as amended). This is a non-negotiable period counted from the date of handing over the goods, and - where the contract involves the provision of services - from the date of its conclusion. To comply with this deadline, sending the statement before its expiry is sufficient.

2. The right referred to in this paragraph applies to consumer sale, and therefore applies only to the sale of a natural person who is making a purchase for the purpose not connected with a professional or commercial activity.

3. The goods returned in this way shall be accepted only if they are returned fully complete, and the product and accessories show no traces of use other than necessary for checking it.

4. Pursuant to the Act, the possibility of return does not apply to: provision of services commenced, with the consent of the Consumer, prior to the deadline referred to in Art. 7 subpar. 1, audio and video recordings and computer software on a media after the removal of their original packaging by the Consumer, contracts for services for which the price or remuneration depends solely on the changes of prices on the financial market, the services with properties specified by the Consumer by an order or strictly associated with the person of the Consumer, services which due to their nature cannot be returned or whose subject is perishable, delivery of press, services relating to gaming and betting.

5. In the case of exercising the right of withdrawal from the contract, the goods should be returned at Consumer's expense to the address of the Service Provider.

6. The return shipment must be accompanied by a written statement of withdrawal from the contract and account number to which the payment shall be refunded.

7. Within two working days of receipt of the goods together with a statement of withdrawal, the store shall check the product. If the product meets the requirements mentioned in item 3 above, a corrective invoice shall be issued. The original and the copy of the invoice will be sent to the customer by priority mail. The Customer should send back a signed copy of the corrective invoice. Upon its receipt, within 7 working days the Store will refund the price to the account indicated by the Customer.

 

§ 7 Complaints Procedure

1. Products are covered by a warranty of the manufacturer, importer or seller, valid on the territory of Poland. The warranty period for each product is given in its description on the store website. The detailed conditions of the warranty are set out in the warranty certificate issued by the guarantor. Most products have warranties handled directly by authorized service centers of manufacturers. The exact addresses of service centers can be found on the warranty certificates attached to the products and on the manufacturers’ websites. The Buyer may also initiate a complaint procedure under the Warranty through the Seller.

2. If the warranty is provided by the Service Provider, the product should be returned at the expense of the Service Provider, to the address of the Service Provider.

3. The repaired product is returned to the Customer at the expense of the Service Provider.

4. If the product is non-compliant with the Contract, the goods complained about together with a letter stating the type of non-compliance and expected procedure of meeting the obligations should be returned at the expense of the Service Provider (legal basis - the Act of 27 July 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws No. 141, item 1176 as amended) and the Act of 2 July 2000 on the protection of certain consumer rights and liability for damage caused by dangerous products (Journal of Laws of 2000, No. 22, item 271 as amended).

5. The Customer shall loose the rights specified in the Act on special terms of consumer sales and amending the Civil Code, if within two months from the discovery of a non-conformity with the contract does not inform the store about this fact. Sending a notification before its expiry shall be sufficient to meet the deadline. For sale other than consumer sales, the provisions of Articles 556-576 of the Civil Code shall be excluded.

§ 8 Privacy policy and protection of personal data

1. The administrator of databases of personal data transmitted by the online store customers in connection with the purchase shall be the Service Provider.

2. Personal data are used for the purpose of sales contracts can thus be communicated to entities responsible for the delivery of purchased goods to the customer and, of the purchase is paid for in installments, to the lending institutions. Customers shall have the right to access their data and correct them. The data are transferred on a voluntary basis.

 

§ 9 Final provisions

1. In matters not regulated by the provisions of these Terms and Conditions, the Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by dangerous products (Journal of Laws of 2000, No. 22 item 271 as amended.), the Act of 27 July 2002 on special conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended.), and the Act of 23 April 1964 - Civil Code (Journal of Laws 1964 No. 16, item 93 as amended) shall apply.

2. Disputes arising from the application of these Terms and Conditions and in connection with the performance of contracts between the Store and the Customers, shall be considered by the court competent according to the provisions on local and material jurisdiction and in accordance with the Act of 17.11.1964 the Code of Civil Procedure (Journal of Laws No. 43, item 296 as amended).

3. The Service Provider reserves the right to make changes to these Terms and Conditions, provided that the contracts concluded prior to the amendment shall be governed by the version of the Terms and Conditions applicable at the time of placing the order by the Customer.

4. Date of publication of the Terms and Conditions: 09.10.2015.