Rules and Regulations for sales

 

Rules and Regulations for sales

with the use of distant communication means and digitally provided services 

 

This document specifies purchasing procedure with the use of the www.100palcow.com Vending Platform. You are kindly requested to become familiar with the Platform Rules and Regulations.

 

The Seller - Anna Tulin – Biżuteria Nieoczywista is available at the following address: Sopot, 81-781, ul. Jana Sobieskiego 35c lok. 16. The Seller is a sole-proprietor whose business activity is based on the record at the Business Activity Central Register, the Seller’s NIP (Tax Identification Number) is: 585-109-34-93, Regon (Polish Business Registry Number): 221940539,  referred hereinafter as the Seller or alternatively as a Service Provider.

 

 

The Service Provider can be contacted via:

Telephone: +48 696 087 982

Electronic mail address: nieoczywista@100palcow.com

 

§1. Definitions

 

  1. Rules and Regulations – this Rules and Regulations document. With regards to digitally provided services, the Rules and Regulations as referred to in article 8 Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws of 2002 Nr 144, item  1204 with later amendments, hereinafter referred to as ”Act on electronic service provision)”).
  2. Purchaser – either a natural person who is at least 13 years old; in the case of persons  under 18, a consent of a statutory representative is required, or a legal personality or an organisational unit without legal personality which has acquired legal personality right through special ruling. They are regarded the Purchaser when they place or intend to place an Order or uses other services of the Internet Shop (Consumer included).
  3. Object of a purchase – sale transaction – the Products listed and described on the Internet Shop’s website with information on Product availability.
  4. Product – a movable asset which is the object of Purchase – Sale Agreement.
  5. Purchase – Sale Agreement – the Product Purchase – Sale Agreement as defined in the Civil Code; the Agreement is concluded between the Service Provider and the Purchaser with the use of distant communication means (including telephone).
  6. Internet Shop (Shop, Internet Shop) – the Seller’s internet services available at the Platform at the following internet address:  www.100palcow.com, with the use of which the Purchaser buys Products from the Seller.
  7. Parties –  the Service Provider and the Buyer.
  8. Platform  –  the Platform under the responsibility of  Gdańska Fundacja Przedsiębiorczości with the registered seat of 3B Lęborska Street, 80-386 Gdansk, Tax Identification Number NIP 5830290-74-40, KRS nr 0000234056 in the National Court Register of entrepreneurs kept by the District Court Gdansk-North. The Platform operates as a vending platform for independent Entrepreneurs – handicraft producers.. Contact information: telephone 058 731 65 00, electronic mail gfp@inkubatorstarter.pl.
  9. Order – a statement of intent which unambiguously specifies the type and number of Products and expresses direct intention to conclude the Sales-Purchase Agreement with the use of distant communication means, i.e. the Internet Shop.

 

 

§2. General principles

 

  1. The Buyer is authorised to place the Order in the Internet Shop on condition that they have become familiar with the Rules and Regulations and have accepted the Rules and Regulations stipulations before making the Order.
  2. The Internet Shop is a retail store which uses the Internet.
  3. All Products offered in the Internet Shop are free from material and legal defects.

 

§3. Making an Order

 

  1. All prices listed at the Vending Platform www.100palcow.com by the Seller are gross process in Polish Zloty (PLN, and they include the VAT). The process do not include shipping costs.
  2. Orders are made via the internet site or e-mail.
  3. Orders can be made 24 hours, 7 days a week, all days of the year.
  4. The Order is regarded effective on condition that the order form has been correctly filled out and the contact data, including postal address to which the Product is to be shipped, telephone number and e-mail address have been provided.
  5. In the case the information is incomplete, the Seller shall contact the Buyer. If the contact data is incorrect or inaccurate which makes it impossible to contact the Buyer, the Seller reserves the right to cancel the order.
  6. The Buyer give their consent to issue appropriate financial documents such as VAT Invoice with attachments,  Corrective VAT Invoice with attachments, receipts or any other appropriate bills of sale and e-mail electronic document image to the address specified by the Buyer. This consent also authorises the Seller to produce and transfer VAT Invoices in electronic form as stipulated by the Minister of Finance’s regulation on 17th December 2010 on electronic transfer of Invoices, Invoice repository principles and Invoice availability for tax authorities and tax audit authorities. At the Buyer’s explicit request the Seller shall issue and send hard-copy of the bill of sales without any additional costs.
  7. When placing the Order the Buyer may give their consent to the Internet Shop to store their personal data, the data is processed for the purpose of Order delivery. The person who has provided such data is entitled to access and correct the information and has the right to require the data to be deleted.
  8. Once the Buyer has placed the effective order, the Shop generates an automatic response as the proof of the order acceptance.
  9. Order processing time starts the moment the payment is transferred to the bank account specified in the order acceptance in the case of bank transfer payments or the moment the order is placed in the case in the case of credit card payment or when the option “cash on delivery” is selected.
     

§4. Shipment costs and dates

 

  1. The Product is shipped to the postal address specified in the order form or in the e-mail. The Seller will promptly notify the Buyer whenever the order form has been incorrectly filled out and thus makes shipment impossible or delays it.
  2. Commodities are delivered with the use of specialised courier companies or postal services operators, depending on the option selected.
  3. Parcels delivery date is specified in each Product description. This is the maximum and estimated delivery time with regards to the cash on delivery option. When “bank transfer” or “credit card payment” option is selected, the time specified in the service website description is longer in accordance with the time required for the payment to be credited to the shop’s bank account (1 – 2 working days on average).
  4. The Buyer is charged with the delivery (shipment) costs as specified in the shipment cost price list. Charges depend on the type of transport services and type of payment. Price lists are provided with the Product information.

 

§5. Payments

 

  1. Each Product sold is provided with a receipt or personalised bill of sales (Invoice).
  2. Payment for Products can be made:
  3. a) as Cash on Delivery (upon delivery),

b) via the Platform’s electronic means as money transfer to the shop’s bank account or with the credit card with the use of electronic payment system.

 

§6. Product delivery and receipt

 

  1. Commodities are delivered at the territory of the Republic of Poland and European Union Member States.
  2. Before the parcel is signed for when collected from the post office or from a courier, make sure it has not been damaged in transport. A particular attention should be paid to tapes or seals on the package. In the case the package shows signs of any damage or any seals (tapes) have been broken, the parcel should not be collected. You are advised to make report on damages or any other document describing the state of the parcel in the presence of the courier. In such circumstances the Seller should be contacted immediately in order to find a solution to the situation.  If no irregularities with regards to the quantity or the quality of the parcel are reported upon parcel receipt, and the Buyer files claims regarding transport damages or theft, claim adjustment decisions might be negatively impacted. Each particular case is however considered separately.

 

§7. Withdrawal from the Agreement

 

  1. The consumer who has concluded a contract with the use of distant communication means has the right to withdraw from the contract and is not required to provide justification; the withdrawal ought to be made in writing. The notice period is limited to 10 days (legal basis;  art. 7paragraph 1 – the Act of 2 March 2000 the on Protection of Certain Consumer’s Rights and Liability for Damages Caused by a Hazardous Product consolidated text of 14th September 2012 Journal of Laws of 2012 item 1225). The deadline is non-negotiable and the notice period is counted from the moment the subject of the contract is delivered to the Consumer ; in the case of services – since the day contract was concluded. The period of withdrawal is observed when the notice is posted before notice period termination.
  2. The right indicated in this paragraph is applicable to individual customers; that is used in the case of Buyers who are consumers, thus natural persons who purchase products for reasons not related with their professional or business activity.
  3. The Product returned in this regime is accepted only when sent back as a complete whole, and the Product and its accessories are returned in non-deteriorated state and have not been used for any other purposes than test-use. The original packaging is not required.
  4. In the case the consumer claims the right to withdraw from the agreement, the commodities are returned to the Seller at the Buyer’s expense. The Buyer, who has consumer’s rights  is then reimbursed the shipment costs  by the Seller.
  5. The return-post package should contain a written withdrawal notice and the bank account number the reimbursement is to be  sent to.
  6. The Product which is the subject to a defective product complaint procedure cannot be returned in the withdrawal from the agreement procedure.
  7. Pursuant to article 10 section 3 of the Act of 2 March 2000 the on Protection of Certain Consumer’s Rights and Liability for Damages Caused by a Hazardous Product (consolidated text of 14th September 2012 Journal of Laws of 2012 item 1225) the right to withdraw from the agreement is not vested in the consumer-Buyer in the case of services rendered to the particular requirements specified by the Buyer in the order form or qualities directly associated with the Buyer, i.e. whenever the buyer has ordered the Product with specific qualities described in the order placed.

 

§8.Compliant procedure

 

  1. In case of non-compliance of the product with the contract, the Product is returned to the Seller with the note which specifies non-compliances and the Buyer’s expectations regarding fulfilment of the Seller’s obligations (legal basis; Act of the 27th June 2002 on specific terms and conditions of consumer sale and the amendments           to the Civil Code and the Act of 2 March 2000 the on Protection of Certain Consumer’s Rights and Liability for Damages Caused by a Hazardous Product). The Seller is obliged to reimburse the Buyer for the costs they had to cover, in particular the postage cots
  2. The Buyer forfeited the rights specified in act on specific terms and conditions of consumer sale and the amendments to the Civil Code if they breach the two-moth notice period within which the shop is to be notified about the non-compliance.
  3. The period is observed  when the notice is posted before notice period termination.
  4. For all complaint matters which have not been specified in this Rules and Regulations document, the Act of the 27th June 2002 on specific terms and conditions of consumer sale and the amendments to the Civil Code shall apply for Buyers who are consumers.
  5. Buyers who are not consumers can file their complaints based on generals terms of applicable laws.

 

 

§ 9 Privacy Policy and personal data protection 

 

  1. The Seller is the administrator of the personal data provided the Buyers of the Internet Shop in the purchase process.
  2. The Platform does not acquire and in consequence does not process the Buyers’ personal data of any kind apart from the data provided in the purpose of queries and remarks on the Platform operation; however the data provided in this process is provided voluntarily. The person who has provided such data is entitled to access and correct the information and has the right to require the data to be deleted.
  3. Personal data is used for the purpose of buy and sale contract performance and thus can be transferred to the persons who are responsible for delivering the Products to the Buyer. Buyers entitled to access and correct the information. The s provided voluntarily.

 

§ 10 Final provisions

 

  1. For all matters which have not been specified in this Rules and Regulations document, the regulations provided by the act of 2 March 2000 the on Protection of Certain Consumer’s Rights and Liability for Damages Caused by a Hazardous Product shall apply, i.e. provisions published on 14th September 2012 in the Journal of Laws of 2012 item 1225 as well as the Act of 2 March 2000 the on Protection of Certain Consumer’s Rights and Liability for Damages Caused by a Hazardous Product (Journal of Laws 2002 nr 141 item 1176 4 with later amendments), and the Act of 23rd  April 1964 – The Civil Code (Journal of Laws 1964 nr 16 item . 93 4 with later amendments).
  2. The Rules and Regulations publication date - 30.09.2013 r.

Town / City, date: …………………………………………………………………………………………..

Consumer’s name and surname: …………………………………………………………………………………………..

Address: …………………………………………………………………………………………..

Company name and address : …………………………………………………………………………………………..

 

Withdrawal from the agreement concluded in distant selling

 

I herby declare, that pursuant to the art. 7 section 1 of the Act on Protection of Certain Consumer’s Rights and Liability for Damages Caused by a Hazardous Product o 2 March 2000 (consolidated text of 14th September 2012 Journal of Laws of 2012 item 1225) that I withdraw from the purchase agreement concluded on ………………. Product ………………………………………………………. which was purchased from ……………………………………………………………… with the use of services provided by the vending Platform.

I also request to be refunded the product costs and the cost of shipment, i.e. the amount of ....................PLN (in words: ........................................................................)

- postal money order[1] to the following address ...........................................................................  or

- bank account the payment for the Product was originally transferred from Produktu1 or

- to the following bank account nr ......................................................................................................1

 

The Product is returned in non-deteriorated condition and has not been used for any other purposes than test-use.

 

 

…………………………………………………..

date and Buyer’s signature

Art. 7 [The right to withdraw from the contract]

  1. The Consumer  who has concluded a distant contract  may withdraw from the contract  and is not required to provide justification; the withdrawal ought to be made in writing  within 10 days  pursuant to  article 10 section  1.  The  period of withdrawal is observed  when the notice is posted before notice period termination.
  2. It is not allowed to require the Consumer to pay a fee termination of the contract (compensation payment).
  3. In the case of contract termination , the contract is regarded  as  non-conclusive and the  Consumer is released and discharged from any obligations.  The goods and value considerations of the parties are then  returned in non-deteriorated and non-altered state, unless  alterations  were introduced within the scope of ordinary management.  They are returned without any undue delay and no later than within fourteen  days . If the consumer has made any advance payment, they are entitled to  be paid statutory interests calculated from the date the advance payment was made.

Art. 10 [Term of notice]

1. The ten-day notice period is counted from the moment the subject of the contract is delivered to the Consumer ; in the case of services – since the day contract was concluded.

 

 

[1] Delete as appropriate

Kapitał Ludzki Unia Europejska

Project co-financed by the European Union under the European Social Fund.

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