TERMS AND CONDITIONS OF THE ICON CONCEPT ONLINE STORE (www.icon-concept.pl/sklep)
I. Definitions
The terms used in the Regulations shall mean:
1.
Customer
– a natural person, a legal person or an organizational unit that is not a legal person but towhichspecialregulations grant legal capacity,whomakes anOrderfrom the Store;
2. the Civil Code – the law of April 23, 1964. (Journal of Laws No. 16, item 93 as amended);
3. Terms and Conditions – these Terms and Conditions for the provision of electronic services within the online store www.sklepdesign.pl;
4. online store (Store) – Internet service available at www.emstrainer.pl, throughwhichthe Customer may, inparticular,placeOrders;
5. goods – products presented in the Online Store;
6. contract of sale – a contract for the sale of Goodswithin the meaning of the Civil Code, concluded between the Owner and the Customer, concluded using the Store’s website;
7 Consumer Rights Act – the law of May 30, 2014. On consumer rights (Journal of Laws of 2014, item 827);
8 The Law on Provision of Electronic Services – the law of July 18, 2002. On provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
9. order
ó
order – the Customer’s declaration of will, aiming directly at the conclusion of the Sales Agreement, specifying inparticularthe type and number of Goods.
10.
W
OWNER – Przedsiębiorstwo Vonart Marek Budzanowski, 10 Fabryczna St., 53-609 Wroclaw, NIP8950020062,
II. Provisions og
ó
lne
2.1. These Regulations set out the rules for the use of the online store available at www.sklepdesign.pl
2.2. These Regulations are the regulations referredtoin Art. 8 of the Law on Provision of Electronic Services.
2.3. The online store, operating under the website www.sklepdesign.pl, is operated by the Owner.
2.4. These Regulations specify inparticular:
(a) the rules for registering and using an account within the online store;
(b) terms and conditions for making electronic reservations forproductsavailable through the online store;
(c) the terms and conditions for placing electronicOrderswithin the online store;
d) the principles of concluding Sales Agreementsusing the services provided by the Online Store.
2.5. The use of the online store is possible provided that the ICT system used bytheCustomer meets the following minimum technical requirements:
a) Internet Explorer version 9 or later; Firefox version 3.6.4 or later; Chrome version 8 or later; Opera version 10.60 or later; Safari version 5.0 or later; Maxthon version 3.6.4 or later;
(b) other web browsers that support HTML5, CSS3 and JavaScript technologies;
(c) suggested minimum screen resolution: 1024×768.
2.6. In order to use the online store, the customer should on his own access to a computer workstation or terminal device, withaccess to the Internet.
2.7. In accordance with applicable laws and regulations, the Owner reserves the right to limit the provision of services through the Online Store topersons18 years of ageorolder. In this case, potential customers will be notified of the above.
2.8. Customers may access these Terms and Conditions at any time through the link provided on the home page of www.emstrainer.pl and download and take a printout.
2.9. Information about the Goods provided on the Store’s websites, inparticulartheir descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, as defined in Art. 71 of the Civil Code.
III. Rules of use of the Online Store
3.1. The condition for starting to use the Online Store is registration within it, or a one-time completion of data with the appropriate form after going to the shopping cart.
3.2. Registration is carried out by completing and accepting the registration form, made available on one of the pages of the Store.
3.3. Registration is conditional on agreeing to the content of the Terms and Conditions and providing personal information marked as mandatory.
3.4. The Owner may deprive the Customer of the right to use the Internet Store, aswell asmay restrict his access to part or all of theresources ofthe Internet Store, with immediate effect, if the Customer violates the Regulations, and inparticularif the Customer:
a) provided data during registration in the online store that is untrue, inaccurate or outdated, misleading or violating the rights of thirdparties,
b) committed through the online store a violation of the personal rightsof thirdparties, inparticular the personal rightsof othercustomers ofthe online store,
c)engagesin other behaviorthatis deemed by the Owner to be inconsistent with applicable laws orgeneralrules of Internet use or detrimental to the good name of the Owner.
3.5. A personwhohas been deprived of the right to use the online store may not register againwithout the prior consent of the Owner
3.6. In order to ensure the security of the transmission of messagesand data in connection with the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of security threat to the services provided, inparticular , measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.
3.7. Inparticular, the customer is obligedto:
a) not to provide or transmit content prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of thirdparties,
b) use the Online Store ina mannerthat does not interfere with its operation, inparticularthrough the use of specific software or devices,
c) not to take actions such as: sending or posting unsolicitedcommercial information (spam) within the Internet Store,
d) use the Online Store in amannerthat isnot burdensometo othercustomersand the Owner,
(e) use any content posted within the Online Store only for your own personal use,
f) use of the Online Store ina mannerconsistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Regulations, as well as with thegeneralrules of Internet use.
IV. The procedure for concluding a sales contract
4.1. In order to conclude a Sales Agreement through the Online Store, one should visit the websitewww.sklepdesign.pl, make a selection ofgoodsin the “store” tab, and take further technical actions based on the messages displayed to the Customer and the information available on the website.
4.2. Customer’schoice ofordered Goodsis made by adding them to the shopping cart.
4.3. During the process of placing theOrder– until pressing the “Buy and Pay” button. – The Customer has the possibility tomodify the entered data and in the selection of Goods. To do this, follow the messages displayed to the customer and the information available on the site.
4.4. After the Customer using the Online Store has entered all the necessary data, a summary of the submittedOrderwill be displayed. The summary of the submittedOrderwill include informationregarding:
(a) the subject matter of thecontract,
b) the unit and total price of the orderedproductsor services, including deliverycostsand additionalcosts(if any),
(c) the selectedpayment method,
(d) the selected method of delivery,
(e) delivery time,
4.5. In order to sendan Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the “Buy and Pay” button.
4.6. The Customer’s sending of theOrderconstitutes a statement of intent to conclude a Sales Contract with the Owner, in accordance with the content of the Regulations.
4.7. Once theOrderis placed, the Customer receives an email titled “Shop Design – Your Order Confirmation”, containing the final confirmation of all importantelements ofthe Order.
4.8. The contract is considered to have been concluded upon receipt by the Customer of the e-mailmentionedabove.
4.9. The sales contract is concluded in the Polish language, with the content in accordance with the Regulations.
V. Delivery
5.1. Delivery of the Goodsis limited to the area of the European Union and takes place at the address indicated by the Customer when placing theOrder.
5.2. Delivery oforderedGoodsshall be made by registered mail via the selected mode of transportation. Delivery costs are in accordance with the current price list. In addition, delivery costs will be indicated at the time of placing theOrder.
5.3. Standard goods, are shipped to the customer within 2 working days after the customer confirms theorder. If payment by bank transfer is selected, the Goods are shipped to the Customer within 2 business days after the payment is credited to the Owner’s bank account. Non-standard goods are shipped within 2 days of completion of production.
5.4. Customers may access these Terms and Conditions at any time through the link provided on the home page of www.sklepdesign.pl and download and take a printout.
Recording, securing, making available and confirming to the Customer the significant provisions of the GoodsSales Agreement shall be done by sending to the Customer at the e-mail address provided and by attaching to the parcel containing the Goods a printout of the confirmation, theorderspecification and the VAT invoice.
VI. Prices and payment methods
6.1. The prices of the Goodsare quoted in Polish zloty and include all components, including 23% VAT, customs duties and any other components.
6.2. The customer has a moThe ability to pay the price:
a) przelewem na numer konta bankowego 6xxxxxxxxxxxxxxxxxxx1, prowadzonego przez xxxxxxxxxxxxxxxxxxxxxxx oddz. Wroclaw
b) by payment in PayU system
VII Notice of withdrawal from the contract
Consumers have the right to withdraw from this contract within 14 days without giving any reason, subject to thecasesindicated in thesection “exclusion of the right of withdrawal”. The deadline for withdrawal from the contract expires after 14 days from the date:
– inwhichyou took possession of the item orin whicha third party other than the carrier and indicated by you took possession of the item – in the case of a contract obliging you to transfer ownership of the item (e.g. sales contracts, supply contracts or contracts forwork that isa movable item),
– inwhichyou took possession of the last of the items orin whicha third party other than the carrier and indicated by you took possession of the last of the items – in the case of a contract obliging you to transfer ownership of multiple itemsthatare delivered separately,
– onwhichyou took possession of the last lot or part, or onwhicha third party other than the carrier and designated by you took possession of the last lot orpart – in the case of a contract obliging you to transfer ownership of things delivered in lots or parts,
– inwhichyou took possession of the first item orin whicha third party other than the carrier and indicated by you took possession of the first item – in the case ofcontractsfor regular delivery of items for a specified period of time.
In order to comply with the withdrawal period, it is sufficient foryouto send information regarding the exercise of your right of withdrawal before the expiry of the withdrawal period. To exercise your right of withdrawal, you must inform the Owner ofyour decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail or e-mail to
info@sklepdesign.pl
. You can use the model withdrawal form, but it is not mandatory.
Effects of withdrawal from the contract
If you withdraw from this contract, we will refund all payments received from you, including the cost of delivering the item (except for the additional cost of theóresulting from your choice of delivery method other than the cheapest ordinary wayób delivery offered by us), immediately, and in any case no later than 14 days from the date on which theórime we were informed of your decision to exercise your right to withdraw from this contract. We will refund your payment using the samemeans ofpayment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund. We may withhold reimbursement until you receive the item or until you provide us with proof of return,whicheverevent occurs first.
If you have received an item in connection with the contract, please send or give us the item to the address Przedsiębiorstwo Vonart Marek Budzanowski, ul.Fabryczna 10 53-609 Wrocław immediately, and in any case no later than 14 days from the dayon whichyou informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period.
Please be advised that you will have to bear the direct costs of returning the item. If, due toitsnature, the item cannot bereturnedby mail in the usualmanner, you will have to bear the direct costs of returningthe goods. The amount of thesecostsis estimated at a maximum ofabout 450 PLN.
Exclusion of the right of withdrawal
The right of withdrawal from an off-premises or distance contract does not apply to consumers with respect tocontracts:
1 provision ofservices, ifthe entrepreneur has performed the service in full with the express consent of the consumer,whowas informed before the performance, that after the performance by the entrepreneur will lose the right to withdraw from the contract;
2 inwhichthe price or remuneration depends on fluctuations in the financial market, overwhichthe trader does not control, andwhichmay occur before the deadline for withdrawal;
3 inwhichthe object of performance is a non-refabricated item, produced to the consumer’s specifications or serving to meet his individualized needs;
4 inwhichthe object of performance is an item that is perishable or has ashortshelf life;
5 inwhichthe object of performance is an item delivered in a sealed package,whichcannot bereturnedafter opening the package for health or hygiene reasons, if the package has been opened after delivery;
6 inwhichthe subject of performance are thingsthat, after delivery, due totheirnature, become inseparable from other things;
7 inwhichthe subject of performance is alcoholic beverages, the price ofwhichwas agreed upon at the conclusion of the contract of sale, the delivery of which can only take place after 30 days and the value ofwhichdepends on market fluctuations overwhichthe entrepreneur has no control;
8 in ktwhichthe consumer expressly requested that the trader come to him for urgent repair or maintenance; if the trader provides, in addition, other services than those which thethe performance of whichthe consumer has requested, or provides items other than spare parts necessary for the repair or maintenance, the consumer’s right of withdrawal shall apply to additional services or items;
9 inwhichthe object of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
10 for the supply of dailynewspapers, periodicalsor magazines, except for a subscription contract;
11 concluded through a public auction;
12 for the provision of services in the field of accommodation, other than for residentialpurposes, transportation of goods, rental ofcars, catering,services relatedto leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service;
13 for the supply of digital contentthatis not recorded on a tangible medium,if the performancehasbegun with the express consent of the consumer before the expiration of the withdrawal period and after the trader has informed him of the loss of the right of withdrawal.
VIII. Complaints about Goods
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8.1. The owner, as a seller, is liable to the customer who is a consumer as defined in Art. 22[1] of the Civil Code, from the warranty for defects to the extent specified in the Civil Code, inparticularin Art. 556 and Art. 556[1] – 556[3] of the Civil Code.
8.2. Complaints arising from violation of the Customer’s rights guaranteed by law, or under these Regulations, should be addressed to info@sklepdesign.pl The Ownerundertakes to consider each complaint within 14 days, and if this is notpossible, to inform the Customer within this period when the complaint will be considered.
8.3. The owner is not a manufacturer ofgoods.
IX. Complaints regarding the provision of electronic services
9.1. The Owner takes steps to ensure the fully correct operation of the Store, to the extent of current technical knowledge, and undertakes to remove within a reasonable period of time any irregularities reported bycustomers.
9.2. The customer is obliged to immediately notify the Owner ofany irregularities or interruptions in the functioning of the Online Store service.
9.3. In the complaint, the customer should provide his name, mailing address, type and date of occurrence of irregularities related to the operation of the Store.
9.4. WThe owner undertakes to consider each complaint within 14 days, and if this is notpossible, to inform the customer within this period when the complaint will be considered.
X. Final Provisions
10.1. Settlement of any disputesarising between the Owner and the Customer,whois a consumer within the meaning of Art. 22[1] of the Civil Code, shall be submitted to thecompetentcourts in accordance with the provisions of the relevantprovisionsof the Code of Civil Procedure.
10.2. Settlement of any disputesarising between the Owner and the Customer,whois not a consumer within the meaning of Art. 22[1] of the Civil Code, shall be submitted to the court having jurisdiction over the registered office of the Owner
10.3. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on rendering electronic services and other relevant provisions of Polish law shall apply.
10.4. The vendor may collect information for the purpose of storing it locally on the customer’s device using the browser’s memory mechanism using “cookies“.
10.5. Personal data of the Store’susersis processed on the basis oftheconsent of the datasubjectsor when it is necessary for the performance of the Contract, when the datasubjectis a party to it, or when it is necessary to take action before the conclusion of the Contract at the request of the datasubject.
10.6. Personal information is collected for the purpose of providing Services by the Store. Personswhosedata has been collected by the Store have the right to access the content of their data, to correct it, and to file a written reasoned request to stop its processing, as well as to object to it.
10.7. The rules of personal data processing, privacy policy andcookiepolicy are regulated in the document “Privacy Policy andCookiePolicy”, which is an appendix to the Terms and Conditions, posted in the Shop’s website area and available for download here.
10.8. By entering into a Service Agreement, the Customer voluntarily authorizes the Seller to direct to the Customer’s Contact Data information related to the Contracts and their performance, as well as commercial information in case of separate consent.
10.9. The Customer who is not a Consumer is obliged to inform the Seller of changes to the Customer’s Contact Data, otherwise they will be effective for delivery.
10.10. Amendments to the Terms and Conditions may occur for reasonsofchanges in the law relating to the services provided by the Seller, as well as technical or organizational changes relating to the services provided by the Seller.
10.11. Amendments to the Regulations shall be made by publishing its new content on the Store’s website, with prior notice. Information on changes to the Terms and Conditions shall be posted in the area of the Store’s website no later than 10 days before the effective date of the Terms and Conditions, and sent to the Customer’s Contact Information, where the parties are bound by a Continuous Contract.
10.12. The amendment of the Regulations does not apply to Sales Agreementsconcluded before the date of its amendment.
10.13. The provisions of the Regulations are not intended to exclude or limit the rights of the Customer who is a Consumer, resulting from theprovisions ofthe Polish common law.
10.14. In the event of any inconsistency between the provisions of the Regulations and the provisions of generally applicable Polish law, these provisions shall apply.
10.15. The owner does not agree to resolve disputesin themannerindicated by the Law of September 23, 2016. On out-of-court resolution of consumer disputes(Journal of Laws 2016.1823 of 2016.11.09). Link to online dispute resolution platform:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
10.16. The Regulations shall come into force within 10 days from the date of their publication on the Store’s website.