§ 1 GENERAL PROVISIONS
§ 2 SALES CONTRACT CONCLUSION
§ 3 PAYMENT METHODS– COST – TIMES AND FORMS OF DELIVERY
§ 3 a PURCHASE EXEMPT FROM VAT FOR COMPANIES FROM THE EUROPEAN UNION WHICH HAVE EUROPEAN NIP- VIES
§ 3 b PURCHASE EXEMPT FROM VAT FOR COMPANIES FROM A NON EUROPEAN UNION COUNTRY
§ 4 PROVIDING ELECTRONIC SERVICES- TYPES AND SCOPE
§ 5 COMPLAINTS
§ 5a WARRANTY
§ 6 WITHDRAWAL FROM THE CONTRACT
§ 7 EXTRAJUDICIAL MEANS OF DEALING WITH COMPLAINTS AND SETTLING CLAIMS
§ 8 FINAL PROVISIONS
Appendix 1 to the Regulations SAMPLE TEMPLATE FOR WITHDRAWAL FROM A DISTANCE CONTRACT
1. The Online Shop operating at http://www.bar-case.com is run by Marcin Woszczyk, the owner of WOSZCZYK MARCIN BAR EVENT M. WOSZCZYK entered into Central Registration and Information on Business run by the Polish Ministry of Economy. NIP (Tax Identification Number): PL6252277767, REGON: 241337253. Registered central office: Bar Event M.Woszczyk Podmiedze Street 3, 42-582 Rogoźnik, Poland. Additional addresses: Lipińskiego Street 3/1, 30-349 Kraków,Poland, e-mail address: firstname.lastname@example.org , phone no: (+48) 500 139 516.
a) The Correspondence Address of the Seller – ul. Wacława Lipińskiego 3 lok. 1, 30-349 Kraków,
b) Week Day – any day of the week exclusive of Saturday, Sunday and public holidays,
c) Order Form – the form defined in art. 4 § 4, which enables the Purchaser to place an order (within the meaning of the order described in subsection (t)) and is a purchase offer of particular Products along with selecting the form of payment and delivery.
d) Customer; Purchaser – a natural or legal person, that is mentioned in art. 4, who has concluded or is to conclude a Contract with the Seller,
e) Civil Code – article of the Civil Code of 23 April 1964. The Civil Code as amended,
f) Consumer – a natural person concluding a contract for a purpose outside his or her commerce or profession according to art. 22 idx. 1 of the Civil Code,
g) Confirmation of Accepted Order – a response that the Seller sends by e-mail confirming that a Customer’s request in form of the previously sent Order Form has been accepted including the confirmation of all significant details of Order,
h) Product – a movable item or service available in the Online Shop which is a subject to a sales contract between a Client and the Seller,
i) Entrepreneur – an entity defined in art.43 idx. 1 of the Civil Code of 23 April 1964 purchasing Products from the Seller for purposes which are directly related to his or her business or profession.
j) Collection Point – ul. Wacława Lipińskiego 3 lok. 1, 30-349 Kraków
k) Bank Account Details of the Seller PL77105014451000009106810485 ING Bank Śląski, Bar Event M.Woszczyk, 42-582 Rogoźnik ul. Podmiedze 3
l) Regulation – this Regulation,
m) Online Shop – the online shop operating at http://www.barcase.eu/
n) Seller; Service Provider – Marcin Woszczyk running WOSZCZYK MARCIN BAR EVENT M.WOSZCZYK business activity located at ul. Podmiedze 3, 42-582 Rogoźnik. NIP (Tax Identification Number: PL6252277767, REGON: 241337253,
o) Sales Contract – sales agreement of Product that is being or has been concluded between a Customer and the Seller via the Online Shop,
p) Electronic Service – service provided via electronic means for Service Recipient by the Service Provider via the Online Shop,
r) Service Recipient– a person who uses or is to use Electronic Services offered by the Service Provider,
s) Product Page – a page in the Seller’s Online Shop where a product is presented along with its price and information about its availability,
t) Order– Customer’s consent constituting an offer to purchase particular Products from the Seller that are available in the Online Shop by completing the Order Form fulfilling the requirements that are specified in art. 66 § 1 of the Civil Code,
u) Placing an Order – the moment when a Customer places an Order in the way specified in art. 4 § art. 4, subsection (b),
w) Seller’s E-mail Address– email@example.com
2. The Regulation concerns both Consumers and Entrepreneurs that use the Online Shop except the provisions clearly related only to the Consumers or only to the Entrepreneurs.
3. The provisions of this Regulation are not intended to exclude or restrict any rights that the Consumer has been granted under the mandatory provisions of law. If there are any doubts, they should be construed in favour of a Consumer. In the event of non-compliance with the regulation set out in the provisions of the first sentence, priority is given to those provisions.
4. A Customer of the Online Shop can only be a natural person who has at least a restricted legal capacity, or a legal person who by the law is granted legal capacity.
5. The Administrator that is responsible for processing personal data for purposes defined in this Regulation is the Service Provider. Further information regarding personal data protection is included in § 1a of the Regulation.
6. A Consumer can contact the Seller specifically via electronic mail at: firstname.lastname@example.org, by calling on: (+48) 500 139 516 (from 9 a.m. to 5 p.m. on working days), as well as by post at the Seller’s Correspondence Address.
7. The Contract between a Purchaser and the Seller can be concluded either in the Polish or English language.
8. Due to the content of art. 66 idx. 1 par. 2 p. 6 of the Civil Code, the Seller informs that he complies with the Code of Conduct created by Polskie Stowarzyszenie Zarządzania Sprzedażą which is addressed to Sellers, available on: http://pszs.org.pl/pliki/pszs_kodeks_etyki.pdf.
1. Our Online Shop Customers’ personal data is processed by the Seller/Service Provider.
2. Our Customers’ personal data is used solely for the contract implementation purposes.
3. The data is not and will not be passed or disclosed to third parties for marketing reasons.
4. Each Customer has the right to inspect their data, correct it, and particularly complete, update, edit, and demand information regarding purpose, scope and way of processing it. All customers also have the right to bring a request to delete their personal data or discontinue its use. Each customer, having registered, has the right to view and change their data.
5. Our Customers’ personal data is stored and protected in accordance with the law on personal data.
6. Giving out personal data is a choice and not an obligation, however necessary to provide sales services by the Seller.
SALES CONTRACT CONCLUSION
1. Advertisements, announcements, price lists and other information about our Products quoted on our Online Shop website, such as products description, technical parameters, application parameters, and prices are an invitation to contract within the meaning of art. 71 of the Civil Code.
2. Product Price shown on our Online Shop website is given in Euros (inclusive of VAT). However, prices do not include any costs of delivery and payment that are calculated and indicated to a Client every time an Order is placed and yet before shipping it.
3. In order to conclude a Sales Contract, a Customer is obliged to place an Order (which constitutes an offer to purchase Products from the Seller), which is by completing Order Form and sending it to the Seller as indicated in the way indicated in § 4 art. 4.
3a. Product Price presented in Product Page becomes binding from the moment of placing an Order by a Customer. In the process of placing an order (before it is sent) a Customer is informed about main features of the service and product.
4. Contract is successfully concluded immediately after a Purchaser has received a declaration from the Seller that an Order in form of Confirmation of Accepted Order has been accepted.
4a. Declaration of a Client being an Entrepreneur becomes necessary in full on the day following the day on which the contract was Concluded, as stated in art. 4, unless a Client being an Entrepreneur has chosen a form of payment defined in § 3 art. 1 subsection (a) or (c). If a payment is not made within 7 days, the Seller has the right to terminate the Sales Contract concluded with the Entrepreneur.
4b. Purchaser being a Consumer is obliged to make a payment within 7 days from the moment of conclusion of Sales Contract, defined in art. 4, unless he has chosen a form of payment defined in § 3 art. 1 subsection (a) or (c). If a payment is not made within 7 days, the Seller has the right to withdraw from Sales Contract concluded with Consumer.
5. The Seller will keep, protect and make the content of a concluded Sales Contract available to a Customer by:
a) publishing the Regulation on the Online Shop website,
b) sending a Customer a Confirmation of Placed Order to the e-mail address that has been indicated as correct during a registration of an Account,
c) attaching proof of purchase and Contract specifications to the shipped parcels
d) saving the content of Sales Contract in the computer system of the Seller.
PAYMENT METHODS – COST – TIMES AND FORMS OF DELIVERY
1. The Seller honours the following methods of payment:
a) payment using traditional bank transfer to the Seller’s Bank Account
b) payment via payment service provider, PayPal.
2. The Seller offers the following delivery or collection methods of Product:
a) courier delivery
3. Products Delivery is carried out in the territory of the countries that are enabled for delivery at the moment of placing an Order.
3a. In case of shipping products to countries that are not enabled for delivery at the moment of placing an order, information and prices are sent via electronic mail. In this case, a Customer is asked to direct their request to: email@example.com
4. Delivery costs are given every single time in the process of placing an Order and can vary depending on delivery method chosen by Customer, place of delivery, and the weight of ordered Products. Customer is always informed about delivery costs in the automatically generated Order summary that is available to Customer before the final placement of Order, that is defined in § 4 art. 4 subsection (b).
5. Time of delivery is up to 14 Week Days unless shorter period has been indicated on Product Page. However, when Purchaser orders a few Products which are to be shipped in one parcel, then the longest delivery time of the selected Products applies.
Period stated in the first sentence should be counted from the day of recognising the payment on the Seller’s Bank Account,
6. The Seller is obliged to deliver Product that is free from defects.
7. Customer is advised to check the condition of a parcel in the presence of a courier. If a Customer establishes that a Product has been damaged, he or she has the right to demand writing out a damage claim that will facilitate the complaint procedure and be the proof that a Customer is not responsible for the damage.
PURCHASE EXEMPT FROM VAT FOR COMPANIES
FROM THE EUROPEAN UNION WHICH HAVE EUROPEAN NIP- VIES
1.The price excluding tax is applicable to registered companies from the European Union with current European VAT number (vies) . If you are a company from the European Union and have a valid VAT number send your VAT number, billing information and request to: firstname.lastname@example.org,we will prepare a special order for you.
PURCHASE EXEMPT FROM VAT FOR COMPANIES FROM A NON EUROPEAN UNION COUNTRY
1.The price excluding tax is applicable for individuals and companies outside the EU. If you are from a non-EU country, send billing information and request to: email@example.com,we will prepare a special order for you.
PROVIDING ELECTRONIC SERVICES- TYPES AND SCOPE;
ELECTRONIC SERVICES IN THE ONLINE SHOP
1. The Online Shop offers the following types of Electronic Services provided by the Service Provider: Order Form.
1a. Using Electronic Services provided by the Service Provider is for a Service Recipient free of charge.
2. Services that are provided via electronic mail, based on the Regulation, aim at enabling the use of the Online Shop in order to conclude a sales contract (particularly placing an Order by a Client) and its realisation.
3. Shopping basket is a shop feature that allows easy adding and removing Products from the basket, and these Products can be later ordered via Order Form.
3a. The preview of Products that are currently added to Your shopping basket is possible by clicking an order price (being also a hyperlink) that appears on the website. Editing Products that have been added to the shopping basket is possible by clicking the hyperlink.
4. Order Form is a feature that allows placing an Order of the Products that have been previously selected and added to the Basket. Using the service begins from the moment of adding Product to the Shopping Basket in the Online Shop. Order is placed after joint:
a) clicking an order price next to an Account’s name and filling in the form concerning the selected Products, form of delivery, method of payment, payer’s details, shipping details, and confirming the order by opening the hyperlink in form of the „Confirm order” button,
b) accepting the automatically generated order summary that comprise all crucial elements of order (especially total cost of all ordered goods including delivery costs) after familiarising with the Regulation by a Service Recipient, accepting the information that an order carries the obligation to pay, and placing an offer of purchasing the Products indicated in the summary by clicking the “Order with obligation to pay” button.
4a. Using an Order Form is a single action and is finished with the moment of placing an order with the use of it.
5. Order Form in the Online Shop shall be provided for unspecified period of time
6. Technical requirements essential for cooperation with the ICT system that is used by the Service Provider:
a) Computer, laptop, or other multimedia devices with Internet access.
b) Electronic mail access,
c) Internet browser: Mozilla Firefox v. 11.0 or higher, or Internet Explorer v. 7.0 or higher, Opera v. 7.0 or higher, Google Chrome v.12.0.0 or higher,
d) Recommended screen resolution: 1024×768,
f) Service Recipient is obliged to use the Online Shop in a way consistent with the law and good manners, taking into consideration observance of goods and intellectual rights of third parties,
g) Service Recipient is asked to provide data consistent with the actual state,
h) Service Recipient cannot provide unlawful content.
6a. In compliance with the content stated in art. 12 par. 1 point 19 of the Act dated 24 June 2014 on Consumer Rights, Service Provider informs that he takes measures to safeguard the security of its IT infrastructure by using anti-virus software.
7. A Contract for the provision of Electronic Service may be terminated at any time by agreement between the Service Provider and a Service Recipient.
8. The Service Provider will provide a Service Recipient with access to current information about the specific risks associated with the use of a service provided by electronic means and the function and purpose of the software or data that are not included in the service content introduced by the Service Provider in the ICT System, used by a service recipient.
9. Commercial information will be clearly presented and determined to be beyond doubt that it is a commercial information.
10. Service Provider will provide a Service Recipient with access to information that is defined in art. 20 of the Act dated 18 July 2002 regarding service provision using electronic means.
1. The basis of the Seller’s liability for physical or legal defects (warrant) for contracts that have been concluded since 25 December 2014 is particularly the Civil Code .
2. Physical defect is when a sold product is inconsistent with a contract. In particular, the sold product is inconsistent with a contract if it:
1) does not have the properties that this kind of item should have because of the purpose indicated in the contract or arising from circumstances or destination,
2) does not have the properties, the existence of which the Seller has ensured a Purchaser, by providing a sample or model,
3) is not suitable for the purpose of which a Purchaser has informed the Seller at the conclusion of contract, and the Seller did not raise any concerns about such an intended use,
4) has been delivered to a Purchaser in an incomplete condition.
3. If a Purchaser is also a Consumer, claims of the Seller are equally construed with public claims of a manufacturer or his representative, the person that introduces the item in the market within his economic activity, and the person who by putting their name, trade mark, or other sign on the item sold introduces himself as a manufacturer.
4. The item which has been sold has a physical defect also in the event of malfunction of installing or activating if these activities were performed by the Seller or a third party for whom the Seller is liable, or by a Purchaser who acted according to instructions received from the Seller.
5.However, the Seller is not liable towards a Purchaser, who is also a Consumer, for the fact that the sold item has no properties mentioned in public claims, defined in par. 3 if the claims were unknown and, judging wisely, he could not know or they could not affect a Purchaser’s decision of concluding a sales contract, or when their content was corrected before the conclusion of sales contract.
6. The Seller is liable towards a Purchaser if a Product is owned by a third party, or when it is not encumbered with the right of a third party, and also if the restriction on the use or disposal of the item is clearly understood from the decision or statement of appropriate authority.
7. The provisions defined in paragraphs 2-6 go along with the existing common law and were placed in the regulation in order to inform and familiarize a Customer with the basic catalog of definitions of physical and legal defects. The provisions referred to in the first sentence are not the only issues of liability of the Seller and the rights of a Purchaser, and in this regard the Seller refers to the common law (in particular the Civil Code).
8. The Seller pursuant to the Regulation hereof shall not in any way limit nor exclude his liability under the warranty.
9. Notice of Product defects as well as relevant demand of a Customer can be provided in particular:
a) via electronic mail by sending a message to the E-mail Address of the Seller,
b) in written form at the Correspondence Address of the Seller.
10. A Customer, in order to facilitate the conduct of complaints procedure, may include in the notice sent by him the following:
a) information concerning the reasons of a complaint and the date when defects/non-compliance arose.
b) the content of the demand (bringing a Product to consistency with a Sales Contract / statement of reducing the price of a Product / statement of withdrawal from a Sales Contract).
c) contact details.
11. A Customer may be asked by the Seller to deliver a Product to the Seller’s Correspondence Address (at the expense of the Seller) in the event when it will be necessary to respond by the Seller to a Customer’s complaint or in order to realise the rights of a Customers resulting from non-compliance with a Sales Contract / warrant. If, however, owing to the nature of defects / inconsistency, the nature of Product or the way it is installed by a Customer it is impossible or excessively difficult, a Purchaser shall make the Product available to the Seller in the place where the Product is located.
12. Within 14 calendar days the Seller will consider Customer’s demands. The Customer will be informed about the decision made upon the complaints of a Customer’s choice by post to the address indicated, via electronic mail, by phone, or in other way indicated by him that does not cause excessive difficulties for the Seller.
1.Products offered by the Seller are guaranteed for a period of 12 or 24 months – if purchased for a company for 12 months, if purchased for a private person for 24 months.
2. When a Product is under warranty, the Seller is obliged to provide a Customer with a warranty document together with Product purchased by the Customer, and check the consistency of the markings on the Product with the data of the warranty document, as well as the condition of seals and other protections placed on the Product.
3. Detailed terms and conditions concerning quality warranty of the sold item that concern both the Seller and Purchaser are included, in particular, in Section III of the Civil Code. The provisions of paragraphs 1-3 do not exclude nor in any way limit the application of relevant provisions that are commonly applicable in such a case.
WITHDRAWAL FROM THE CONTRACT
1. A Customer/Service Recipient being also a Consumer, who concluded a distance contract, has the right to withdraw from it without giving any reason by providing a statement within 14 days. To comply with the period of time defined in the first sentence, it is sufficient to send the statement before the expiry date, in particular:
a) via electronic means to the Seller’s E-mail Address (statement template available below the Regulation – appendix 1),
b) by traditional post, in the written form at the Seller’s Correspondence Address
c) by submitting a statement on the Seller’s website.
1a. In case of submitting a statement of withdrawal from a Contract as indicated in section 1 subsection (a) or (c), the Seller will immediately send a Purchaser a confirmation declaring that he has received the statement of withdrawal from the Contract saved on a durable medium.
1b. The period of time, defined in the first sentence of section 1, is counted from the moment of:
a) taking an item in the possession by a Customer, who is also a Consumer, or by a third party other than a carrier, indicated by the Customer.
2. In case of withdrawal from a Contract, the Contract is null and void. If a Purchaser (who is also a Consumer) submitted a statement of withdrawal from the Contract before the Seller accepted his offer, the offer of Purchaser (who is also a Consumer) is no longer binding.
3. The Seller will, immediately and no later than within 14 days from the day of receiving a statement of withdrawal from the Contract from a Customer (who is also a Consumer) refund all the payments made by him, including the cost of delivery of the goods.
4. The Seller will refund the payment using the same method of payment that a Customer, who is also a Consumer, used, unless he consents to a different method of refund which does not entail any costs to him.
5. Unless the Seller offers that he will collect the item himself from the Consumer, he can withhold the refund of payments received from the Customer, who is also a Consumer, until he gets the item back or receives from a Client being also a Consumer a proof of sending the item back to the Seller, depending on which action occurs first.
6. If a Customer, who is also a Consumer, has chosen the form of delivery of item other than the cheapest traditional delivery suggested by the Seller, the Seller will not be obliged to refund additional costs that the Customer who is also a Consumer incurred.
7. A Customer is obliged to return a Product to the Seller or give it to the person authorised by the Seller to receive immediately, and not later than within 14 days from the day the Customer withdrew from the Contract, unless the Seller offers that he will collect the Product by himself. To comply with the deadline, the Product needs to be returned prior to the expiry date.
8. A Customer who is also a Consumer shall only bear the direct costs of returning a Product.
9. A Consumer is responsible for the reduction of a Product’s value as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the item.
10. Due to the content included in art. 12 par. 1 point 12 of the Law on Consumer Rights dated 24 June 2014, the Seller is obliged to inform that according to art. 38 of this Act, the right to withdraw from the Contract concluded away from business premises or at a distance is not given to the Consumer in respect to contracts:
1) of service provision, if an entrepreneur has provided full service with the clear consent of the Consumer who has been informed before the service provision began that after the provision is fulfilled, the entrepreneur loses the right to withdraw from the contract.
EXTRAJUDICIAL MEANS OF DEALING WITH COMPLAINTS AND SETTLING CLAIMS
1. Due to the content included in art. 12 par. 1 point 21 of the Act dated 30 May 2014 r. on Consumer Rights, the Seller informs that the detailed information concerning a possibility of the use by the Customer being also a Consumer of extrajudicial means of dealing with complaints and settling claims and the rules of access to these procedures are available in the premises and on the websites of district (municipal) consumer advocates, social organisations whose statutory duties are to protect consumers, the Voivodship Inspectorates of Trade Inspection, and at the following Internet addresses of the Competition and Consumer Protection Offices:
A Customer who is also a Consumer has, among others, the following possibilities of using extrajudicial means of dealing with complaints and settling claims:
a) is entitled to turn to Permanent Amicable Consumer Court operating at the Trade Inspection with the application for settlement of dispute that has arisen from the concluded Sales Contract.
b) is entitled to turn to the provincial inspector of Trade Inspection with the application to initiate a mediation procedure on the amicable settlement of the dispute between a Customer and the Seller.
c) can receive free help in the settlement of a dispute between a Customer and the Seller, also using free assistance of a district (municipal) consumer advocate or a social organization, whose statutory duties include consumer protection (i.e. Polish Consumer Federation, Association of Polish Consumers). Advice is given by Polish Consumer Federation at a toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the e-mail address: firstname.lastname@example.org
1. Disputes arising between the Seller / Service Provider and a Customer / Service Recipient being also a Consumer shall be settled by competent courts of law in accordance with commonly applicable regulations
1a. Disputes arising between the Seller / service Provider and a Customer / Service Recipient who is also a Consumer residing in another Member State of the European Union except Denmark and Great Britain will be settled by competent courts of law in accordance with the consumer protection laws specific to the State which is the Customer’s / Service Recipient’s domicile under the provisions of the regulations of the European Parliament and the Council No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (known as Rome I).
1b. Disputes arising between the Seller / Service Provider and a Customer / Service Recipient who is also a Consumer residing in Denmark or Great Britain will be settled by competent courts of law in accordance with the consumer protection laws specific to the State in which the Customer / Service Recipient is a resident under the provisions of the Rome Convention of 19 June 1980 of the law applicable to contractual obligations .
1c. For disputes arising out of realisation of the contract between the Seller / Service Provider and a Customer/ Service Recipient who is also a Consumer residing outside the European Union the provisions of Polish law will be applicable.
2. Disputes arising from contracts to which the provisions of this Regulation (in particular the Sales Contracts of Products offered in the Online Shop) concluded between the Seller / Service Provider and a Customer/ Service Recipient at the same time not being a consumer will be subject to the competent court by virtue of a legal address of the Service Provider / Seller. To a Customer / Service Recipient that is not a Consumer having a legal address outside the territory of Poland the provisions of Polish law will apply.
3. In cases not covered in the regulation, the regulations of Polish law shall apply, especially the onesof the Civil Code, of the Acts on consumer rights dated 30 May 2014 (Journal of Laws 2014 , item 827, as amended) and of the Acts on electronic services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended) except the situation defined in paragraph 1a and 1b.
4. This Regulation shall come into effect at the end of a week of its publication, ie. the date of 12.02.2015s.
Appendix 1 to the Regulation
SAMPLE TEMPLATE FOR WITHDRAWAL FROM A DISTANCE CONTRACT
(this form needs to be completed and sent back only in case of willingness to withdraw from a contract)
– Recipient : Bar Event M.Woszczyk – Bar Case
– I/We …………………………………………………… hereby inform about my/our withdrawal from the sales contract of the following items :
– Date of Contract Conclusion ……………………………………
– Name and surname of Consumer(s) …………………………..
–Address of Consumer(s) …………………………………………….
– Signature of Consumer(s ) …………………………………….
– Date ……………………………………………………………..