Regulations of the emc-shop.pl Online Store
Table of Contents:
§. 1. General provisions
§. 2. Definitions
§. 3. Types and scope of services provided electronically
§. 4. Terms of providing services by electronic means
§. 5. Registration, conditions for concluding and terminating contracts for the provision of electronic services
§. 6. Terms of sale
§. 7. Withdrawal from the sales contract
§. 8. Rights and obligations of the parties
§. 9. Payment
§. 10. Protection of personal data
§. 11. Complaints
§. 12. Final provisions
§. 1 GENERAL PROVISIONS
1. These Regulations have been drawn up on the basis of the provisions of law in force in the territory of the Republic of Poland. The Regulations, together with the provisions of the law, exclusively and exhaustively regulate the issues of using the emc-shop.pl Online Store available at http://www.emc-shop.pl/content/3-regulamin.
2. The Regulations define in particular:
a.types and scope of services provided electronically,
b. conditions for the provision of electronic services, including:
i. technical requirements necessary for cooperation with the ICT system used by the Store Operator,
ii. prohibition of Users from providing illegal content,
c. conditions for concluding and terminating contracts for the provision of electronic services,
d. the complaint procedure.
3. The operator of the emc-shop.pl Online Store is COMPAN-IT Spółka Komandytowa with its registered office in Jelenia Góra at ul. Wolności 150, 58-500, Jelenia Góra, entered into the Central Register and Information on Economic Activity, NIP: 6112734236, Tel. 75 64 32 113, mobile phone 500 322 232, fax 75 64 32 112
4. The operator of the emc-shop.pl Online Store provides services listed in these Regulations on the terms specified therein.
§. 2 DEFENITIONS
1. Store Operator, Seller - emc-shop.pl Online Store Operator, referred to in §. 1 clause 3 of the Regulations;
2. User, Buyer - any natural person with full legal capacity, legal person or organizational unit without legal personality, which the law grants legal capacity.
3. Entrepreneur - User performing economic activity within the meaning of the Act of July 2, 2004 on the freedom of economic activity (uniform text: Journal of Laws of 2010, No. 220, item 1447, as amended),
4. Consumer - a User who is a natural person who performs a legal transaction not directly related to its business or professional activity.
5. Store - emc-shop.pl Online Store available at the Internet address http://www.emc-shop.pl
6. Regulations - These Regulations for the provision of electronic services,
7. Working days - days of the week from Monday to Friday, excluding public holidays,
8. User Account - a place available to Store Users after entering an e-mail address and password, enabling, inter alia, ordering goods, tracking the status of the order, changing and correcting personal data, etc.
9. Cookies - small text files, saved to maintain the User's session (after logging in), thanks to which the User does not have to enter the User's name and password on each page, create viewing statistics, present online advertisements with content closest to the User's interests and create surveys websites and securing them against multiple voting by the same people. These files do not collect the User's personal data, do not change the configuration of his computer, are not used to install or uninstall any computer programs, viruses or Trojans, do not interfere with the integrity of the User's system or data, are not processed by other websites and can be used at any time. removed by the User.
§. 3. TYPES AND SCOPE OF ELECTRONIC SERVICES
1. The Store Operator sells goods via the emc-shop.pl Online Store and provides the "Newsletter" service.
2. Services provided electronically under these Regulations consist in enabling the use of the emc-shop.pl Online Store in order to conclude a sales contract and its implementation.
3. The "Newsletter" service consists in sending a message containing information about the current offer, promotions, discounts and rebates. The service is free and requires consent to send commercial information.
4. The contract for the provision of electronic services is concluded for an indefinite period.
5. Orders in the manner specified in §. 6., can be submitted after registration.
6. The User who has registered may place an Order after logging in to the User's Account, providing the e-mail address and password.
7. Orders are carried out on the territory of Poland. There is also the possibility of shipping abroad. In this case, the terms of sale and shipment of goods abroad are each time agreed individually with the Buyer.
8. The delivery price list is attached to these Regulations.
§. 4. TERMS AND CONDITIONS FOR PROVIDING SERVICES BY ELECTRONIC MEANS
1. In order to kto use the services provided under these Regulations, the User should have:
a. Internet browser: Internet Explorer version not older than 7.0 or Mozilla FireFox version not older than 3.0 or Chrome (all versions) or Opera version not older than 2,
b. Java Script support enabled,
c. Active e-mail address.
2. The user may consent to enable cookies. Detailed information on the purpose of storing and accessing information using Cookies, as well as the User's ability to specify the conditions for storing or accessing information contained in Cookies, by means of software settings installed in the User's telecommunications end device or service configuration, can be found at http://www.emc-shop.pl/content/6-polityka-cookies
3. The condition for the provision of services specified in the Regulations is to read and accept all provisions of these Regulations.
§. 5. REGISTRATION, CONDITIONS FOR CONCLUDING AND TERMINATION OF CONTRACTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Registration is free and voluntary. After registration, an individual User Account is created for the User.
2. In order to register, the User should complete the registration form. To register, it is necessary to provide: an active e-mail address, login and setting a password.
3. During registration, it is also possible to provide shipping data. If the form is filled in by the Consumer, these are:
- First name and last name
- Address of residence (street, building number, apartment number, zip code, city, province, country),
- Phone number.
4. If the registration form is filled in by the entrepreneur for the shipment of the purchased goods, please provide:
- Tax Identification Number (NIP),
- Headquarters address (street, building number, apartment number, zip code, city, province, country),
- Name and surname of the contact person,
- Phone number.
5. After registration, information confirming the registration will be sent to the e-mail address provided by the User.
6. The Store Operator may refuse to register the User in the cases specified in sec. 11.
7. The conclusion of the contract for the provision of electronic services is tantamount to submitting the following statements:
a.access to use the services voluntarily,
b. I meet the conditions of becoming a User provided for in the Regulations,
c. the data contained in the registration form are true and do not infringe the rights of third parties,
d. I consent to the conclusion of the contract by electronic means,
e. I agree to receive system information, messages from the Operator and information about difficulties, changes or technical breaks in the operation of the Store, to the correspondence data provided in the registration form,
8. The User may terminate the contract for the provision of electronic services at any time.
9. The Store Operator may terminate the contract for the provision of electronic services if the User has not been active in the Store, in particular has not placed an order or logged in to the User's Account within 12 months of the last activity.
10. Termination of the contract by either party, as well as its termination by mutual consent, is tantamount to blocking the User's access to the User Account and its deletion.
11. The Store Operator may terminate the contract for the provision of electronic services if:
a.the purpose of registration or the manner of using the services is obviously contrary to the principles and purpose of the Store,
b. the User's activity is contrary to the applicable moral standards, calls for violence or committing a crime, and also if it violates the rights of third parties,
c. received an official notification of the unlawful nature of the data provided or related activities,
d. obtained credible information about the unlawful nature of the data provided or related activities and previously notified the User about the intention to prevent access to the User Account,
e. The user is allowed to send unsolicited commercial information,
f. the User blatantly or persistently violates the provisions of the Regulations,
g. the address details provided by the Buyer raise objectively justified doubts as to their correctness or truthfulness, and these doubts could not be removed by telephone or e-mail.
12. By objectively justified doubts referred to in par. 11 point g. Should be understood in particular by providing a non-existent town, giving the name of a non-existent street in a given town, providing fictional data as the recipient's name (e.g. fairy-tale characters).
13. The declaration of termination of the contract for the provision of electronic services submitted by the Store Operator will be sent to the e-mail address provided in the User Account. Termination of the contract for the provision of drby electronic means, it results in the permanent deletion of the User Account. The statement on the termination of the contract for the provision of electronic services submitted by the User may be submitted by sending its content to the e-mail address provided for contact in a separate tab of the Store's website or by deleting the User's Account.
14. If the notice was terminated by the Store Operator, re-registration is possible after obtaining the Operator's consent.
15. Termination or termination with the consent of the parties to the contract for the provision of electronic services shall not affect the performance of already concluded sales contracts, unless the parties agree otherwise.
16. The period of termination of the contract in the cases specified in sec. 9 and 11 is 14 days.
§. 6. TERMS OF SALE
1. The Store Operator sells goods presented on the website of the emc-shop.pl Online Store.
2. The parties to the sales contract concluded via the emc-shop.pl Online Store are: the Seller and the Buyer.
3. The sales contract may be concluded with a registered User (having a User Account). An unregistered user, in order to conclude a sales contract, must register in the Store, after registration, a User Account is created.
4. Information about the goods and the prices presented on the Store's website do not constitute an offer within the meaning of Art. 66 § 1 or 543 of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended; hereinafter: the Civil Code). Information about the goods along with the prices presented on the Store's website is only an invitation to conclude a contract within the meaning of art. 71 of the Civil Code.
5. The Seller reserves the right to change prices and withdraw individual goods presented on the Store's website. Change of prices or withdrawal of goods does not apply to orders accepted for execution.
6. The store conducts both retail and wholesale sales.
7. The contract of sale is concluded by placing an order by the User and its acceptance by the Seller, subject to paragraph 10-12. A detailed description of the procedure for concluding the sales contract is set out in the provisions of paragraph 8-12.
8. Orders made via the website can be placed 24 hours a day throughout the year. Orders placed on working days after 13.00, on Saturdays, Sundays and public holidays will be processed on the next business day. Orders placed by phone are accepted between 08:00 - 16:00.
9. Placing an order via the website constitutes a purchase offer within the meaning of Art. 66 § 1 of the Civil Code, which is binding for 5 business days (after that time it expires) and consists of the following activities:
a.selecting goods from among those presented on the Store's website,
b. adding them to the basket,
c. choosing the method of payment and delivery,
d. logging in to the User Account in the event that the order is placed by a registered User, unless he has logged in earlier,
e. clicking the "Order" button.
10. In response to the order placed, the Seller sends an e-mail to the e-mail address provided by the User or contacts by phone within 5 working days in order to:
a.accepting the order (offer) - in this case, the sales contract is concluded on the day the statement is made,
b. refusal to accept an order (offer) - in this case, the contract is not concluded,
c. proposed changes, the so-called counter-offer - in this case, in order to conclude the contract, the User must accept the counter-offer.
11. The reason for submitting the counter-offer referred to in para. 10 point c may be, in particular, such circumstances as: no goods in the warehouse or at the Store's suppliers, etc.
12. The counter-offer referred to in para. 10 point c is binding for the Seller within 2 days. After this time, the counteroffer expires. The acceptance of the counter-offer by the User within its validity (2 days) results in the conclusion of a sales contract on the terms specified in the counter-offer.
13. All prices presented on the website of the emc-shop.pl Store are given in Polish zlotys (PLN) and include VAT. The given prices do not include shipping costs.
14. The emc-shop.pl store issues a receipt or a VAT invoice for the purchased goods. In order to receive a VAT invoice, the User should correctly fill in the company's data along with the NIP number.
15. Contact by the representative of the Seller, referred to in sec. 10 is also an opportunity to correct incorrectly provided personal data or an incorrectly placed order. Subsequent changes to the order may be difficult, because from the moment of concluding the sales contract, the order is forwarded for execution and the goods may already be on their way to the Buyer. Nevertheless, the Seller declares that the Store staff will make every effort to enable the Buyer to change the data for delivery at any time, even after the conclusion of the sales contract, and also (until the shipment is sent) to change the content of the order.
16. The Seller mayverify the correctness and truthfulness of the data entered by the User at any time. The Seller has the right to withdraw from the sales contract within 10 working days from the date of concluding the contract in the situations referred to in § 5 sec. 11 points g ..
17. The Seller will make every effort to ensure that the order fulfillment time is as short as possible, but not longer than 14 business days.
§. 7. WITHDRAWAL FROM THE SALES CONTRACT
1. Pursuant to the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271, as amended), the User who is a Consumer has the right to withdraw from the sales contract without giving reasons, within 10 calendar days from the date of delivery of the goods. To meet the deadline, it is enough to send a written statement before the deadline.
2. The right to withdraw from a distance sales contract referred to in paragraph 1.The Consumer is not entitled to:
a.provision of services commenced, with the consent of the consumer, before the deadline referred to in art. 7 sec. 1 of the Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271, as amended),
b.on audio and visual recordings and recorded on IT data carriers after the consumer has removed their original packaging,
c. contracts for services for which the price or remuneration depends solely on the price movement on the financial market, d. services with properties specified by the consumer in his order or closely related to his person,
3. If the Consumer exercises the right to withdraw from the contract, the Consumer is obliged to return the goods immediately, i.e. within no more than 14 (fourteen) days to the Store's address unchanged, unless the change was necessary within the ordinary management. The consumer should return the goods in such quantitative and qualitative composition, subject to the first sentence received from the Seller. In particular, he should attach all the parts, accessories, instructions, conditions of use, etc. documents received with the goods (not applicable to the proof of purchase) as well as the original packaging, also when it has been removed as part of ordinary management of the sold item.
4. The reimbursement of the amount paid by the User will be made by bank transfer to the bank account indicated by the User.
5. The Seller does not accept COD shipments.
§. 8. RIGHTS AND OBLIGATIONS OF THE PARTIES
1. The Store Operator will make every effort to ensure that the emc-shop.pl Online Store and all services made available through it operate continuously without any disruptions.
2. The Store Operator reserves the right to interfere with the technical structure of the User's Account in order to diagnose any irregularities in the functioning of the Store's services.
3. The Store Operator reserves the right to temporarily, but not longer than 48 hours, disable certain functionalities of the Store in order to improve it, add services or carry out maintenance with prior notification of registered Users in advance.
4. The User is obliged to immediately update the data provided during registration in the event of a change.
5. The User is obliged to keep the login and password to the User Account secret and secure in such a way that they cannot be accessed by unauthorized persons.
6. The User is not allowed to provide illegal content using the Store.
§. 9. PAYMENTS
1. You can pay for purchases in the Store in the following way:
a. By transfer to a bank account,
b. On delivery, i.e. cash on delivery,
c. In cash, on personal collection.
2. Data for the transfer:
COMPAN-IT Spółka Komandytowa Dancewicz Jarosław
58-500 Jelenia Góra
PKO Bank Polski SA
22 1020 2124 0000 8002 0163 0409
3. In the case of payment by bank transfer, the goods are sent after the amount has been credited to the account. The ordering party should provide the order number in the transfer title.
4. In the case of payment on delivery, the parcel is sent after verification of the correctness of the address data.
5. In the case of payment in cash, upon personal collection, the goods are released at the store's premises, after verification of the correctness of the Buyer's data and payment of the specified amount.
§. 10. PROTECTION OF PERSONAL DATA
1. The administrator of your personal data is CompanIt spółka komandytowa with its registered office in Jelenia Góra at ul. Wolności 133, using the e-mail address: email@example.com.
2. In matters related to your data, please contact the Data Protection Administrator, e-mail: firstname.lastname@example.org.
3. The data will be processed in order to conclude and perform the sales contract and send the newsletter on the basis of the sales contract and the contract for maintaining a customer account in our store.
4. DaThey may be made available to DHL or another courier company for the proper performance of the services specified in the regulations.
5. The data will be stored for 5 years.
6. You have the right to access your personal data, rectify it, delete it, and request processing restrictions.
7. You have the right to object to further processing, and in the event of consent to the processing of data, to its withdrawal. The exercise of the right to withdraw consent does not affect the processing that took place until the consent was withdrawn.
8. You also have the right to data portability.
9. You have the right to lodge a complaint with the supervisory authority.
§. 11. COMPLAINTS
1. The User has the right to lodge a complaint both regarding the performance of the sales contract and the performance of the contract for the provision of electronic services.
2. Each product purchased in the e-shop is covered by the manufacturer's warranty. The length of the warranty period is determined by the manufacturer and varies from manufacturer to manufacturer. In addition, the warranty is also provided for refurbished (renewed) devices. The warranty period provided by the Store Operator is 12 months, it is possible to extend the warranty for a fee up to 36 months.
3. The complaint should, although it is not a requirement to consider the complaint, be submitted on a legibly completed form containing:
a. Name and surname,
b. order number
c. description of the non-compliance of the goods with the contract,
d. date of purchase
e. number of the VAT invoice or receipt
4. Applying to the mouth. 3 will facilitate and allow for more efficient handling of the complaint.
5. Complaints may be submitted by e-mail at the following e-mail address: email@example.com or by phone at 500 322 232.
6. The complaint will be considered within 14 days from the date of delivery of the goods.
§. 12. FINAL PROVISIONS
1. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply.
2. In the event of a dispute arising in connection with the performance of the contract concluded on the basis of the Regulations, the parties undertake to settle it amicably, acting in good faith.
3. If it is impossible to reach an agreement in the manner indicated in sec. 2.The court having jurisdiction over the dispute will be the court competent for the seat of the Store Operator. The preceding sentence does not apply to disputes to which the consumer is a party.
4. The Store Operator shall notify the registered customers of each amendment to the Regulations by e-mail with the right to terminate the contract within 14 days. Amendments to the Regulations come into force upon the expiry of the notice period. For orders placed before the amendments to the Regulations come into force, the provisions of the Regulations in the version in force at the time of placing the order shall apply.
5. The Regulations are valid from 02/04/2013