1. Before placing an order, the Customer has the right to negotiate all provisions of the contract with the Seller, including those changing the provisions of the following regulations. Negotiations, these should be conducted in writing and sent to the address of the Seller (odplyw.pl Sponcom Marek Krzesak, Rynek im. Powstańców 1863 No. 21, 42-160 Krzepice). If the Customer resigns from the possibility of concluding a contract through individual negotiations, the following terms and applicable law shall apply.
REGULATIONS
odplyw.pl running a business under the name Sponcom Marek Krzesak
ul. Market Square Powstańców 1863 No. 21
42-160 Krzepice
NIP: 574-191-19-09, REGON: 240845964, e-mail: info@sponcom.pl, contact number 790556585
BANK ACCOUNT: mBank PL06 1140 2004 0000 3102 5148 9584
hereinafter referred to as the "Seller".
2. The Buyer may be an adult natural person, a legal person or an organizational unit without legal personality, hereinafter referred to as the "Customer".
3. Orders can be placed 24 hours a day.
§1
General provisions
1. The contract is concluded when the order is placed by the customer. The execution of orders payable on delivery takes place immediately, and orders payable by bank transfer or via the electronic payment system after the Customer's payment is credited to the Seller's account.
2. The purchased goods together with the sales document selected by the Customer (invoice / receipt / bill) are sent by the carrier selected by the Customer to the address provided by the Customer in the order form.
3. All goods, their photos and descriptions are the property of the Seller, are brand new, free from physical and legal defects, and have been legally placed on the market of the Republic of Poland
4. The contract concluded between the Buyer and the Seller regarding the purchase of a given product in the online store www.odplyw.pl is of a timely nature and lasts for the duration of the contract.
5. The Seller is liable for two years from the date of issue in the event that the sold product has a physical or legal defect in accordance with the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other generally applicable legal provisions, subject to §3 point 8 of these Regulations.
6. In the event of a physical or legal defect of the product, a letter specifying the non-compliance and expectations regarding the manner of fulfilling the obligation should be sent to the Seller's address.
§2
Price
1. 1. All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). The prices of goods do not include the cost of delivery, which is specified in the delivery price list.
2. 2. A proof of purchase is attached to each purchased product. If the Buyer wishes to receive an invoice, he should indicate this fact when placing the order, providing the invoice details.
3. The Seller reserves the right to change the prices of goods, introduce new goods, carry out and cancel promotional campaigns or introduce changes to them at any time.
§3
Complaints about the goods
1.Every Buyer has the right to make a complaint about the goods. The basis for the complaint is the proof of purchase of the goods.
2. The Buyer is obliged to submit a complaint on the website www.odplyw.pl or via e-mail to the following address: info@odplyw.pl
3. The claimed goods are delivered by the Buyer to the seat of the Seller. The parcel should be sent in a way that guarantees the safety and protection of the shipped goods. The advertised goods must be accompanied by a proof of purchase.
4. The buyer who is an entrepreneur is obliged to report the complaint to the Seller immediately, not later than within 14 days from the date of receipt of the goods. The entrepreneur's complaints will be considered only if they relate to full-length metallurgical goods and complaints about cut goods will not be considered by the Seller.
5. Complaints are considered no longer than 14 days from the date of delivery of the goods to the seat of the Seller.
6. If the goods offered by the Seller are guaranteed by the manufacturer, importer or seller, the content of the guarantee, terms of the guarantee and the manner of their implementation are specified in the guarantee form issued by the guarantor and attached to the proof of purchase.
7. The warranty for the sold product does not exclude, limit or suspend the rights of the buyer resulting from the warranty for product defects.
8. In the case of sale of goods in trade between entrepreneurs, the Seller's liability under the warranty for physical and legal defects of things is excluded
9. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty), are defined by generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
§4
The right to withdraw from the contract
1. Pursuant to the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, No. 22, item 827), within fourteen days of taking possession of the item by the Consumer, he has the right to withdraw from the contract without giving reasons and without incurring costs, according to the general principles resulting from the provisions of the Act on consumer rights of May 30, 2014 (Journal of Laws of 2014, item 827) in Chapter 4.
2. If the goods offered by the Seller are guaranteed by the manufacturer, importer or seller, the content of the guarantee, terms of the guarantee and the manner of their implementation are specified in the guarantee form issued by the guarantor and attached to the proof of purchase.
3. The warranty for the sold product does not exclude, limit or suspend the rights of the buyer resulting from the warranty for product defects.
4. In the case of sale of goods in trade between entrepreneurs, the Seller's liability under the warranty for physical and legal defects of the goods is excluded.
5. Information on exercising the right to withdraw from the contract and the model withdrawal form and the model withdrawal form constitute Appendix No. 1 and 2 to these Regulations.
6. The declaration of withdrawal from the contract should be sent by registered mail to the address of the Seller's registered office or by e-mail to the following e-mail address: info@odplyw.pl
If the Consumer submits a declaration of withdrawal from the contract by electronic means, he may perform this action:
- using the withdrawal form, attached as Appendix 2 to these Regulations,
- by submitting a declaration on the entrepreneur's website
7. In the case of submitting a declaration of withdrawal from the contract in the manner specified in point 6 by the Consumer, the Seller undertakes to send confirmation of receipt of the above statement.
8. The consumer is obliged to bear the direct costs of returning the goods.
9. The complete product must be returned or handed over to the person authorized by the entrepreneur to collect it immediately, but not later than within 14 days in which he made a declaration of withdrawal from the contract, unless the entrepreneur suggested that he will pick up the item himself in an unchanged state, with no traces using. In the event of withdrawal from the contract of sale of goods purchased in a set with other goods, the entire set will be returned.
10. The Seller, after receiving the returned goods, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the contract, returns to the Buyer all payments made by him.
11. The right to withdraw from the contract is not available to the consumer in relation to the following contracts:
- for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may have occurred before the deadline to withdraw from the contract;
- in which the subject is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
- in which the subject is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package has been opened after delivery;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control;
- in which the Consumer has expressed requests that the entrepreneur come to him to make urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides items other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the contract with regard to additional goods services;
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
- concluded through a public auction;
- for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;
- for delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
§5
Processing of personal data
1. The administrator of personal data is the Seller, whose identification and contact details are specified in §1 para. 4 and 23 of the Regulations.
2. Personal data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (hereinafter referred to as GDPR) and other generally applicable regulations.
3. The data obtained by the Administrator when placing an order and concluding a sales contract are processed in connection with (processing purposes): (a) the need to perform contracts concluded by you with the Administrator, as well as actions taken before concluding the contracts at your request (art. 6 (1) (b) of the GDPR), (b) the need to fulfill the legal obligation incumbent on the Controller (Article 6 (1) (c) of the GDPR).
4. When subscribing to the newsletter, personal data is processed on the basis of consent to the processing of personal data for marketing purposes in connection with sending commercial information in the form of a newsletter (Article 6 (1) (a) of the GDPR).
5. The Buyer's personal data may be processed in connection with the legitimate interest of the Administrator in order to secure and pursue claims (Article 6 (1) (f) of the GDPR).
6. Providing personal data is voluntary, but required to place an order, conclude a sales contract and its proper implementation.
7. The Buyer may consent to the transfer of his personal data to ceneo.pl (Ceneo.pl Sp. Z oo with its seat in Poznań (60-166), Grunwaldzka 182, KRS: 0000493884), in order to be able to express an opinion on the operation of the Store and the quality of service.
8. The Buyer's personal data may be transferred, depending on the selected method of delivery of the order and the method of payment, to the selected carrier or intermediary performing shipments at the request of the Administrator for the purpose of delivery, to the entity handling electronic payments or payment by payment cards, entities providing hosting services and entities IT industry maintaining the online store, as well as the entity providing the Administrator with services in the form of sending SMS messages about the status of the order
9. Personal data is stored for the period necessary to: (1) secure or pursue possible claims under the contract, (2) after the Buyer's sales service (complaint consideration), (3) fulfill the legal obligation imposed on the Administrator (resulting from e.g. from accounting and tax regulations). Personal data processed for marketing purposes and purposes other than those mentioned above will be processed until the prior consent for their processing for this purpose is withdrawn or until an objection is raised.
10. In the event that the Administrator plans to further process personal data for a purpose other than the purpose for which the personal data was collected, before such further processing, it will inform about this other purpose and provide any other relevant information.
11. The Buyer has the right to request the Administrator of personal data to access his personal data, rectify it, delete or limit processing, the right to object to its processing, as well as the right to transfer it. The buyer also has the right to lodge a complaint with the supervisory body.
§ 6 Final provisions
1. To place an order in the online store, it is necessary to agree to the provisions of these Regulations.
2. In matters related to the execution of the order, the Buyer may contact the Seller via e-mail to the following address: e-mail: info@odplyw.pl or by phone at: +48 790 556 585.
3. In matters not covered by these Regulations, the provisions of generally applicable law shall apply, in particular the provisions of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended) and the Act of 30/05/2014 on consumer rights (Journal of Laws of 2014, item 827).
4. All trademarks and names published on the website are used only for identification purposes and may be registered trademarks of their rightful owners.
5. Disputes arising from contracts concluded in accordance with these Regulations with the Buyer who is not a consumer shall be settled by the common court competent for the seat of the Seller.
6. The Seller reserves the right to amend these regulations. Amendments to the regulations come into force after 14 days from their publication. The provisions of the previous regulations shall apply to orders placed before the entry into force of the amendment. The current version of the regulations is always available to the Buyer in the regulations tab (https://www.kratkisciekowe.pl/regulamin-zakupow.html).
7. The buyer who is a consumer has the option of using extrajudicial means of dealing with complaints and redress. Detailed information on the possibility for the Buyer who is a consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, voivodeship Inspectorates of the Trade Inspection and on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl). Out-of-court settlement of disputes via the Internet between consumers and entrepreneurs is enabled by the European ODR platform available at: http://ec.europa.eu/consumers/odr/
8. The Regulations are valid from May 25, 2019.