ONLINE SHOP INTERNAL REGULATIONS
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
1. The Regulations determine terms and conditions of providing online services, including the online shop, as well as the rights and duties and terms of the Seller’s and the Client’s liability. The Regulations also contain information, that the Seller is obliged to furnish to the Consumer according to the regulations in force, including the Law of May 30th, 2014 on consumer’s rights ( Journal of Law 2014, 827 as amended).
2. Every Client should get familiar with the Regulations. Prior to placing an order a Client must provide a statement that he has accepted the Regulations.
3. The Regulations are available from the shop’s website and they are also made available free of charge before concluding a contract. Upon a Client’s request the Regulations can be made available in a format enabling acquiring, reproducing and storing its contents via ICT system that the Client uses ( for example, e-mail).
4. Basic definitions:
1) Regulations : online shop internal regulations,
2) Shop or online shop: an online shop run by the Seller at an internet address www.forwall.com;
3) Seller FORWALL SP. Z O. O. SPÓŁKA KOMANDYTOWA (KRS: 0000649621, NIP: 7543132790, REGON: 365972915), ul. Romana Horoszkiewicza 6/A102, 45-301 Opole, firstname.lastname@example.org
4) Client – a natural person, who is more than 18 years old with full legal capacities, a legal entity and an organizational unit without legal entity, but which can on its own behalf acquire rights and make commitments, who will establish a legal relation with the Seller in relation to the activities run by the Shop. A Client is also a Consumer, if in a particular case there are no separate provisions concerning the Client;
5) Consumer – a Client who is a natural person making a legal transaction with the Seller ( purchase), which is not directly related to its economic or professional activity.
6) Goods or product – the goods sold from the Shop which are on the Seller’s offer;
7) Contract – a remote contract of purchase of Goods, concluded due to an order placed by the Client in the Shop which has been accepted by the Seller;
8) Order – instruction/disposition to purchase Goods placed by the Client by means of technical communication;
9) Form – a script being an electronic communication means making it possible to place an order.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
1. The Seller offers the following services rendered via electronic means – the online shop that operates through an internet website; as part of the services the Client concludes a sales contract via internet; the parties shall be informed about the sale by means of electronic mail which is generated automatically, whereas the performance of the contract shall be made outside the internet.
2. The Seller shall render its service by electronic means according to the Regulations.
3. A technical condition for the Client to purchase from the online Shop is his possession of a PC or other devices making it possible to browse through the internet, to access the internet as well as having a valid and active electronic mail account.
4. The Client is hereby prohibited from providing illegal contents.
5. Using the online shop can bring about threats typical for using the internet, such as spam, viruses, hacker’s attack. The Seller shall be obliged to take actions in order to prevent them.
6. Conclusion of a contract of online service provision shall be done via online shop through the internet. The Client may at any time stop using the online service by leaving the online shop or by cancelling the Client’s account. In such a case, a contract of online service provision shall be dissolved automatically and the parties shall not have to deliver additional declarations.
CHAPTER 3. PERSONAL DETAILS/ DATA
1. The data furnished by Clients shall be collected and processed by the Seller in accordance with the regulations in force.
2. The basis for data processing is the Client’s consent, as well as the statutory authorization for personal data processing resulting from the law on personal data protection of August 29th, 1997 (Journal of Law 2016, 922 as amended) as well as the law of July 18th, 2002 on online service provision ( Journal of Law 2016, 1030 as amended).
3. The Seller shall guarantee that the Clients’ personal data shall not be disclosed to any unauthorized parties. The Clients’ personal details can be disclosed to parties authorized to obtain such information by virtue of the regulations in force, including competent bodies.
4. Detailed information, including information about the possibilities to purchase through the online shop anonymously or with a nickname, about technical procedures preventing unauthorized soliciting and modification of personal data and about a consent to data processing are available from the website of the shop.
CHAPTER 4. SALE
1. Any Products offered by the Shop are new and free of any defects.
2. A detailed description of the Goods is presented on the Shop’s website.
3. The Seller shall be obliged to sell the Goods new and free of any defects.
4. The Goods are provided with a guarantee or aftersales services. A detailed information on this is attached to the Goods description.
1. 1. An order can be placed by filling in a Form available from the Shop.
2. The Client shall be obliged to fill in the Form correctly, providing all the factually correct details and stating the chosen method of payment and delivery.
4. Orders can be placed with the Shop 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays and on holidays shall be processed on the following working day.
5. The Client shall confirm the Order processing by selecting the “order with payment obligation” button (field).
6. The lead time ( that is from the Goods shipment) shall be up to 5 working days..
1. All the prices listed by the Shop are gross prices in PLN ( including VAT). The price of the Goods does not include the costs referred to in item 2 below. The price of the Goods quoted at the time the Client places his Order is binding upon both parties.
2. The cost of the Goods delivery ( transport, supply and postal services) and other possible costs shall be borne by the Client. The amount of the costs depends on the method of delivery of the Goods selected by the Client. Clients are informed about the amount of the costs at the stage of order placing.
3. The Client can choose the payment method:
1) payment before the Goods shipment ( advance payment). Upon placing an order the Client should pay/ transfer the amount due to the bank account of the Shop. Order processing commences after the payment has been credited to the bank account of the Shop.
4. The Shop shall issue a proof of purchase for every Product sold and shall serve it on the Client together with the Goods.
1. The Product shall be sent to the address indicated by the Client in the Form, unless the Parties agree upon otherwise.
2. The Product shall be delivered by a courier or by means of a postal operator as the Client wishes. The shipment executed by a courier – within 2 working days upon the date of shipment of the Goods.
3. Together with the Goods the Seller shall hand over to the Client all the equipment accompanying the Goods as well as instruction manuals, maintenance manuals and other documents required by the regulations in force.
§ 5. Additional information for the Consumer
1. The minimum duration of the Consumer’s obligations subject to the contract is duration of the Contract that is until the Goods are paid for and received.
2. The Consumer’s use of the Shop does not entail making any deposits or granting other financial securities.
3. The Seller does not apply good practice code referred to in art.2 i.5 in the law of August 23rd, 2007 on preventing unfair market practices ( Journal of Law, 2016. 3 as amended).
CHAPTER 5. LIABILITY
1. The statutory warranty liability is disclaimed from the legal relations with Clients, however this does not refer to legal relations with Consumers.
2. The Seller shall be liable to the Consumer , if the Goods have physical or legal defects( statutory warranty) upon terms stipulated in the regulations of the civil code ( Journal of Law 2016. 380 as amended), provided that when the Product purchased by the Consumer is a second-hand movable good, the Seller shall be liable for the statutory warranty if the physical defect is found in less than a year upon the Goods delivery.
CHAPTER 6. COMPLAINT PROCESSING/ INVESTIGATION
1. Consumer should send any complaints concerning defects in the Goods to the Seller’s address (Sosnowa 4, Wiechlice, 67-300 Szprotawa, Poland) in writing. The Seller can also be notified about sending a written notification by e-mail to the address: email@example.com
2. The complaint should describe defects of the Goods in detail and present the Consumer’s request, and possibly include photographic documentation.
3. The Seller shall investigate the complaint within 14 days. In case the Seller does not express his opinion on the Consumer’s complaint within 14 days, the complaint shall be deemed grounded.
4. If the complaint is admitted, the seller shall take due actions following the Consumer’s request.
5. There are out-of-court procedures for considering complaints and claim damages available in legal relations with Consumers, including a possibility to resolve disputes by e-mail or through the ODR (online dispute resolution) available at http://ec.europa.eu/consumers/odr/.
CHAPTER 8. WITHDRAWING FROM THE CONTRACT
1. The Seller or Client may withdraw from the Contract according to the rules specified in the civil code ( Journal of Law 2016. 380 as amended).
2. The Consumer shall have the right to withdraw from the Contract within 14 days upon the Goods delivery.
3. Information on the Consumer’s withdrawal from the Contract can be found in the instructions concerning the right of withdrawal, posted on the website of the shop.
4) The Consumer shall not have the right to withdraw from the following contracts:
1) the contract of service provision, if the Seller has rendered the service in full upon a clear consent of the Consumer, who was notified before starting the service provision that after the Seller has rendered the service he shall lose his right to withdraw from the contract;
2) where prices or remuneration depend on the fluctuations on the financial market, which is beyond the Seller’s control and which can occur before the deadline for withdrawing from the contract expires;
3) where the Goods are non-prefabricated items, produced according to the Consumer’s specification or in order to satisfy his individualized needs;
4) where the Goods are products which deteriorate rapidly or have a short expiry date;
5) where the Goods are items delivered in a sealed packaging, which cannot be returned after the packaging has been opened for environmental or sanitary and hygienic reasons, if the packaging was opened after delivery;
6) where the Goods are items, which upon delivery, due to their character, are inseparably combined with other items;
7) where the Goods are alcohol, the price of which was agreed upon when concluding the contract, and which can be delivered only after 30 days and the value of which depends on the fluctuations on the market beyond control of the Seller;
8) where the Consumer clearly demanded that the Seller visit him in order to make an important repair or maintenance work; if the Seller provides additional services other than the services demanded by the Consumer, or if he delivers items other than spare parts necessary for making a repair or maintenance work, then the Consumer shall be entitled to to withdraw from the Contract in relation to additional services or things;
9) where the Goods are sound or visual recordings or software delivered in a sealed packaging, if the packaging was torn open after delivery;
10) a contract of delivery of magazines, periodicals and newspapers, excluding subscription contracts;
11) a contract concluded in a public auction;
12) a contract of accommodation services, other than for living purposes, cargo transport, car hire, catering business, leisure services, entertainment , sports or cultural events, if the date or time for service provision is indicated in the contract;
13) a contract of supply of digital contents which are not recorded on a material carrier, if provision of the service started by a clear consent of the Consumer before expiry of the deadline for withdrawal from the contract and upon he has been informed by the Seller that his right to withdraw from the contract has ceased.
5. The Seller shall promptly , however not later than 14 days upon receiving a Consumer’s declaration to withdraw from the contract, refund to the Consumer all payments made by him, including delivery costs. The Seller shall refund a payment following the same method of payment used by the Consumer, unless the Consumer has clearly agreed to another method of refund, which does not entail extra costs for him.
6. If the Consumer chooses a delivery method different from the cheapest, ordinary method offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he incurred.
7. The Consumer may refrain from refunding a payment until he receives the Goods or a proof that the Goods gave been sent back has been served on him, depending on which is earlier.
8. The Consumer shall bear only direct costs of the Goods return, provided the Seller agrees to bear them, or has not informed the Consumer about the necessity to pay for the costs.
CHAPTER 9. FINAL PROVISIONS
1. The matters that are not provided for in these Regulations concerning the legal relations with Clients or Consumers shall be governed by the proper regulations of the law in force.
2. Any deviations from the Regulations require to be made in writing, otherwise they become null and void.
3. Competent court to resolve any disputes between the parties shall be a competent court according to the regulations in force.