Describing terms of placing a sales contract through shop, including the most important informations about supplier, shop and customer rights.
§ 1 Definitions
§ 2 Contact with seller
§ 3 Technical standards
§ 4 Placing order
§ 5 Payments
§ 6 Order execution
§ 7 Right to withdraw from the contract
§ 8 Exceptions from right to withdraw from the contract
§ 9 Customer complains
§ 10 Personal data
§ 11 Objections
Attachment nr 1: Withdraw from the contract pattern.
§ 1 DEFINITIONS
Working days – days from monday to friday excluding days statutorily free from work.
Account – regulated, by separate statue, free of charge Shop function (online service), thanks to which Customer can open his or hers personal Account in Shop.
Consumer – Consumer within the meaning of Civil Code.
Customer - every subject buying in Shop.
Statue – present statue.
Shop - Denmax AG Instrumenty online shop being run by Seller under address www.denmax.pl.
Seller - MARIUSZ ZBIGNIEW PTACH, enterprenuer running economic activity named MARIUSZ PTACH DENMAX, entered into Central Register and Information on Economic Activity run by Development and Finance Minister, NIP 9580224464 ,REGON
221069785, Stefana Batorego 54 street, 84-230 Rumia.
§ 2 Contact with Seller
1. Postal Address: Stefana Batorego 54 street, 84-230 Rumia, Poland
2. E-mail Address: firstname.lastname@example.org
3. Phone number: +48 605-145-595, +48 793-145-597
4. Fax: 58 663 74 12
§ 3 Technical standards
Device with access to the internet is necessary for appropriate functioning of Shop.
To place order in Shop besides from regulations mentioned in statue 1, active e-mail account is needed.
§ 4 Placing order
1. Prices of products available in Shop are total prices for products, they also include VAT.
2. Seller pays attention that total price of an order consists of price of products and shipping cost.
3. Chosen products which Customer is willing to buy, shall be added to shopping cart in Shop.
4. Next, Customer choses delivery terms, payment method and provides data necessary to execute placed order.
5. Order is placed when its content is confirmed and Statue is accepted by Customer.
6. Placing an order is binding sales agreement between Seller and Customer.
7. Seller will provide Consumer with confirmation of made deal up to the moment of delivery of ordered goods.
8. Customer can register in Shop, it means open an Account, or place an order without registering an Account by providing its data each time when placing and order.
§ 5 Payments
1. It’s possible to pay for ordered goods with:
a. Bank transfer to Sellers’ bank account.
b. Cash on delivery.
2. In case if Customer chose payment in advance, Customer shall pay for its’ order within 2 working days from the date when order was placed.
3. Seller informs, that in case of some payment methods, because of their specifics, payment with those methods is possible only after the order is already placed.
§ 6 Order execution
1. Seller is obliged to deliver goods without any defects.
2. Execution of an order takes 1 working day.
3. In case when Customer chose payment in advance, Seller will start executing order after payment is done.
4. In case when Customer ordered goods with different dates of execution, the whole order will be shipped after all goods are ready to be shipped (the latest date).
5. Goods bought in Shop are delivered by intermediary chosen by Customer:
a. Courier company
b. Polish post
c. Personal collection
§ 7 Right to withdraw from agreement
1. Consumer has the right to withdraw from agreement concluded with seller through Shop, with reservation § 8of Statue, within 14 days without providing any reason.
2. Term to withdraw from agreement expire after 14 days from day:
a. In which Consumer received goods or in which third person other than delivery company and picked by Consumer received goods.
b. In which Consumer received last of ordered goods or in which third person other than delivery company and picked by Consumer received last of ordered goods, in case of agreement binding to deliver many goods, which are delivered separately.
3. To make use of right to withdraw from agreement, Consumer shall inform Seller, using data provided in § 2of Statue, about its’ decision to withdraw from agreement by unequivocal statement (for example writing sent through mail or e-mail).
4. Consumer can make use of withdraw from agreement standard form provided at the end of this Statue, although it isn’t necessary.
5. Consumer can also fill and send withdraw from agreement standard form in Shop: denmax.pl/zwrot produktu. If Consumer make use of this option, Seller will send confirmation of receiving withdraw from agreement information through e-mail as soon as possible.
6. To keep term of withdrawal from agreement, Consumer is needed to send infomation about withdrawal from agreement before expire date for this activity.
EFFECTS OF WITHDRAW FROM AGREEMENT
7. In case of withdraw from agreement Seller returns payments to Consumer, including shipping costs (except additional costs resulting from customers’ choice of other than the cheapest shipping option), immediately, and in any case no longer than 14 days from day in which Seller was informed about Consumers’ decision to withdraw from agreement.
8. Return of payment is done in the same way, which was used by Consumer to pay for goods, exception is when Consumer agrees on other way of return of payment, anyway Consumer will not bear any losses due to that.
9. Seller can wait with return of payment until goods are delivered back or until Consumer provide confirmation of shipping goods back, it depends on which of those 2 occurs sooner.
10. Seller asks to return goods to:
Stefana Batorego 54 street, 84-230 Rumia immediately, and not later than 14 days from date in which Consumer notified Seller about withdraw form agreement. Term is preserved when Consumer shipped returning goods within 14 days.
11. Consumer bears cost of shipping returning goods.
12. Consumer is responsible only for decrease in value of goods due to inappropriate usage.
13. If goods cannot be returned because of features of the goods, Consumer will have to bear costs of returning those goods. Consumer will be informed about estimated cost of return by Seller.
§ 8 Exceptions from right to withdraw from agreement
1. The right to withdraw from distance agreement doesn’t entitle to Consumer in reference to agreement:
a. In which subject is non-prefabricated thing, produced according to consumers’ specifics or to satisfy its’ individualized needs.
b. In which subject is thing that may break up quickly or expiration date is soon.
c. In which subject is thing delivered in sealed packaging, which after its’ open cannot be returned because of health protection or higienic reasons, if packaging was opened after delivery.
d. In which subject are things, which after delivery, are inseparably connected with other things, because of its’ features.
e. In which subject are sound or video recordings, or video games delivered in sealed packaging, if packaging was opened after delivery.
f. About delivery of journals, periodicals or magazines, except from subscription agreement.
g. In which price or salary depends on falctuations in financial markets, on which enterprenuer doesn’t have any control, and which may occur before expire date to withdraw from agreement.
h. About provision of digital contents, which are not saved on any carrier, if provision started after clear approval of Consumer before expire date of withdraw from agreement and after informing Consumer by entrepreneur about loss of right to withdraw from agreement.
2. Right to withdraw sitance agreement doesn’t entitle to any subject other than Consumer.
§ 9 Consumer complains
1. In case when any flaw occured on product, Consumer has right to complain on basis of regulated in Civil Code warranty if warranty was granted.
2. Making use of warranty, on basis of terms described in Civil Code Customer can:
a. Place statement about reduction of price.
b. When flaw is crucial - Make a withdraw from agreement statement.
c. Demand to exchange goods for free of flaws.
d. Demand to get rid of flaw.
3. Seller asks to place complains on basis of warranty through e-mail given in § 2 of this statement.
4. If it turns out that it is necessary to deliver goods back to Seller to grant warranty, it has to be shipped to Stefana Batorego 54 street, 84-230 Rumia, Poland. Seller will bear shipping cost.
5. If goods got another warranty, information abuot it and its’ terms are available in product description in Shop.
6. Complains concerning working of shop shall be sent to e-mail address fiven in § 2 of this Statue.
7. Consideration of warranty by Seller takes up to 14 days. Consumer will be notified about decision within 14 days.
EXTRAJUDICIAL WAYS OF CONSIDERATION OF WARRANTIES AND INVESTIGATION OF CLAIMS
8. In case, when consideration of warranty will not meet expected by Consumer result, Consumer can make use of:
a. Mediation run by appropriate Provintial Inspectorate of the Trade Inspection, which Consumer should ask with application for mediation. Basically it’s free of charge. List of Inspectorates is given here:
b. Help of appropriate permament amicable consumer court working next to Provintial Inspectorate of the Trade Inspection,which Consumer should ask with application for consideration of the case before the arbitration court. Basically it’s free of charge. List of courts is available here:
c. Free help of urban or poviat consumer spokesman.
d. ODR web page available under address: http://ec.europa.eu/consumers/odr/.
§ 10 Personal data
1. Administrator of personla data shared by Customer during usage of Shop is Seller.
2. Providing by Customer personal data is Consumers’ free will, however it’s necessary to execute order.
3. Customer has right to check and change data referring to his personal data.
4. Given by Customer personal data are used only for purposes given in § 10of this Statue.
§ 11 Objections
1. It’s forbidden to provide Seller with unlawful contents by Customer.
2. Each placed order is new separate binding agreement every time and requires acceptance of Statue. Agreement is made to execute order.
3. Agreements made on basis of this Statue are made in English language.
4. In case of possible dispute between Shop and Customer that isn’t Consumer, competent court will be the one that is appropriate for Sellers’ headquarter.
5. None of provisions in Statue doesn’t exclude Consumer rights on basis of Law.
Attachement nr 1 to Statue
Withdraw from agreement form - example. Consumer may make a use of it but doesn’t have to.
Withdraw from agreement form.
MARIUSZ PTACH DENMAX
ul. Stefana Batorego 54, 84-230 Rumia
- I ......................................................................... inform about my willingness to withdraw from sales agreement of given products: