ONLINE STORE REGULATIONS
effective from 16 February 2018
§ 1
General provisions
1. The online store [hereinafter referred to as the “Store”] is engaged in retail sales on the Internet, on the basis of these Regulations [hereinafter referred to as the “Regulations”].
2. The owner of the Store is: P.P.H.U. "SLY" s.c. Maciej Żelichowski, Sylwester Wołosz, with its registered office at 94-103 Łódź ul. Elektronowa 6, NIP No. 727-19-15-910, REGON No. 471481925, entered in the Central Business Registry, e-mail: sklep@sly.pl, tel. +48 786-916-834.
3. The Regulations are an integral part of the sales agreement entered into with the Customer.
4. The entering into the sales agreement shall be conditional upon acceptance of the Regulations by the Customer.
5. Prices stated at the Store shall be gross prices (are inclusive of VAT).
6. Goods available at the Store shall be free from physical and legal defects.
7. A physical defect shall be understood as any non-compliance of a sold thing with the agreement. In particular, a thing is non-compliant with the agreement if it:
- does not have the characteristics that a thing of that kind should have due to its purpose specified in the agreement or arising from the circumstances or intended purpose;
- does not have the characteristics that the seller assured the purchaser it does have, including by presenting a sample or exemplar;
- is not fit for the purpose of which the purchaser notified the seller upon execution of the agreement and the seller did not make any objection as to such intended purpose;
was released to the purchaser in incomplete state and condition.
8. A legal defect shall be understood as a situation where a sold thing is the property of a third party or is encumbered with third party rights, or if a restriction on use or disposal of the thing results from a decision or a ruling of a relevant authority.
§ 2
Purchase orders
1. Purchase orders may be placed using the form available at the Store website.
2. Execution of a purchase order shall be conditional upon provision by the Customer of details allowing for verification of the Customer and the recipient of the goods. The Store shall confirm acceptance of a purchase order by e-mail or by phone. The Store shall have the right to refuse to accept a purchase order, to limit available forms of payment or to request prepayment if the purchase order raises reasonable doubt as to truthfulness and reliability of provided details or form of payment.
3. Information about the goods as presented on the Store website at the time of purchase order placement, in particular: price, characteristics of the goods, features of the goods, components of a set, lead time and form of delivery, shall be binding upon the parties.
4. Information presented on the Store website shall not constitute an offer within the meaning of the Civil Code. By placing a purchase order, the Customer makes an offer to purchase particular goods. The sales agreement is entered into at the time the purchase order is confirmed by the Customer by clicking the confirmation link contained in the e-mail sent to the Customer by the Store.
5. Each placement of a purchase order at the Store shall give rise to a payment obligation.
§ 3
Payments
1. The Customer may choose from among forms of payment specified in the “Forms of payment” tab.
2. Shipment prices are specified in the delivery price list.
3. Release of the goods shall be conditional upon payment for the goods and for delivery.
§ 4
Dispatch of goods
1. The ordered goods shall be dispatched by the Store within 24 hours through shipping companies (e.g. Poczta Polska or a courier service company).
2. In the case of payments by payment card, the lead time shall be calculated from the time the transaction was positively authorised.
3. In the case of forms of payment other than cash on delivery, the lead time shall be extended by the period between purchase order placement and the date on which the amount due is credited to the bank account of the Store.
4. The Customer shall be immediately informed about dispatch of the goods, by e-mail to the e-mail address indicated upon purchase order placement.
5. Notwithstanding item 4 of this Section, the Customer may obtain information about dispatch of the goods by contacting the Store using the “Contact” tab.
§ 5
Complaints
1. The basis for acceptance of a complaint shall be proof of purchase (e.g. purchase order confirmation, tax receipt or VAT invoice) presented by the Customer.
2. If the goods do not comply with the agreement, the Customer should send the goods complained about to the Store together with a description of non-compliance.
3. The Store shall respond to the Customer’s complaint within 14 days from return of the goods together with a description of non-compliance. If verification of non-compliance requires obtaining an opinion of an expert or representative of the manufacturer, the response time shall be extended by the time required for the Store to obtain such an opinion; in such case, the Customer shall be informed about such extension.
4. If a complaint is found to be justified and entails sending new goods to the Customer or removing non-compliance, the costs of deliveries shall be borne by the Store.
5. Individual settings of the Customer’s computer and monitor resulting in incorrect or distorted display of information about the goods (e.g. colours) shall not constitute grounds for a complaint.
6. If the Store finds a complaint to be justified, the costs of resending of the goods to the Store, incurred by the Customer in connection with the complaint, shall be refunded, in the form indicated by the Customer, within 14 days from the date on which the complaint was found to be justified.
7. The costs of resending of the goods referred to hereinabove shall be determined on the basis of the amount indicated in the document confirming that the goods were resent, on the packaging of the resent goods or on the basis of a receipt or another document presented by the Customer, confirming that such amount was paid.
8. The Customer’s rights under commercial warranty (the right to make a complaint) shall expire two years from the date of collection of the goods.
§ 6
Right to withdraw from the agreement
1. Pursuant to the Consumer Rights Act of 30 May 2014 (“Dziennik Ustaw” [Journal of Laws] of 2014, item 827), the Customer shall have the right to withdraw from the agreement for convenience and without incurring any costs, except for the costs listed in item 8 of this Section.
2. The right to withdraw from the agreement shall be effective if the Customer submits to the Store, within 14 days from collection of the goods, a statement of withdrawal from the agreement attached to the sent goods or another equivalent statement of withdrawal from the agreement.
3. To comply with the above-mentioned time limit it shall be sufficient to send a statement before its expiration.
4. The Customer should return the purchased goods to the Store within 14 days from submission of a statement of withdrawal from the agreement. To comply with the above-mentioned time limit it shall be sufficient to resend the goods before its expiration. Any costs connected with return of the goods shall be borne by the Customer.
5. Within 3 business days from receipt of the returned goods, the Store shall check the condition of the returned goods.
6. Within 7 days from the check but not later than within 14 days from receipt of a statement of withdrawal from the agreement, the Store shall refund to the Customer any payments made by the Customer, including costs of delivery, subject to item 8, using the same payment method that was used by the Customer, unless the Customer gave his or her express consent to another method of return which does not entail any costs for the Customer. In the withdrawal form, the Customer may also indicate a bank account number to which the refunded amount shall be transferred by the Store.
7. The Store shall have the right to suspend refund of payments received from the Customer until the earlier of: receipt of the resent goods or submission by the Customer of proof of resending of goods.
8. Refund of costs incurred by the Customer shall not include:
- direct costs of return of the goods,
- any amount in excess of the cost of delivery connected with the cheapest ordinary form of delivery offered by the Store.
9. The Customer shall be liable for any reduction of the value of the goods resulting from any use of the goods beyond the scope necessary for identification of the nature, features and functioning of the goods.
§ 7
Privacy protection
1. By placing a purchase order, the Customer gives his or her consent to his or her personal data being processed exclusively for the purposes of purchase order execution.
2. The Customer may also give his or her separate consent to receiving from the Store advertising and promotional materials, including a commercial newsletter.
3. The Customer shall have the right to access and rectify his or her data and to request erasure of his or her data.
§ 8
Intellectual property
It is forbidden to use any material published on the Store website (including photographs and descriptions of goods) without written consent of the Store.
§ 9
Effective date of and amendments to the Regulations
1. The Regulations shall take effect upon publication on the Store website.
2. The Store reserves the right to amend the Regulations, effective upon publication on the Store website. To agreements entered into before the Regulations were amended, the version of the Regulations applicable as at the date of purchase order placement by the Customer shall apply.