TERMS AND CONDITIONS OF THE ONLINE STORE
Information on distance sales contracts
A. / GENERAL PROVISIONS:
1. These Regulations define the general conditions for sales contracts concluded between Plata Sp.j. (hereinafter the Seller), and the Consumer or Entrepreneur (hereinafter Buyers) via the Online Store and constitutes an integral part of any sales contract concluded between the Seller and Buyers in the Online Store.
2. The Regulations define the rules for using the Online Store, including in particular the rules for concluding sales contracts using the store, the method of placing orders for goods made available on the Seller's website at: www.paoloargento.com, delivery of ordered goods to Buyers, types of offered goods by the Seller, payment of the sale price by Buyers, the right to withdraw from the contract, the rules for submitting and examining Buyer complaints and other information referred to in art. 12 of the Act of 30 May 2014 on consumer rights (DzU 2014.827) to the extent that takes into account the specifics of the business activity conducted by the Seller, making it applicable.
3. The Regulations are made available to the Buyer before the conclusion of the sales contract - at the stage of registration in the Online Store - by placing a reference to the registration
link to its content. Successful registration is subject to acceptance of the provisions of the Regulations, after reading its content. Buyers, at any time, both before and after registration, including immediately before ordering the goods, have access to the Regulations at the "Regulations" tab on the website at: https://www.paoloargento .com / regulamin_sklepu 30
1. The terms used in the Regulations are defined as:
a) Plata Sp.J. - a company operating under the name "Paolo Argento®" with headquarters in Śledziejowice 220, at the address Śledziejowice 220, 32-020 Wieliczka, entered into the Central Register and Information of Economic Activity of the Republic of Poland, NIP: 683-000-27-06, REGON: 350513056;
b) Consumer - a natural person who performs a legal act not directly related to his business or professional activity and who purchases goods for a purpose not related to his professional or business activity;
c) Entrepreneur - a natural person, a legal person or an organizational unit acting under a separate act which grants the legal capacity to carry out economic activity on its own behalf, where the partners of a civil law partnership are also considered entrepreneurs in the scope of their business activity - purchasing the goods for purposes related to professional or business needs and activities.
d) Business premises - a place for supplying the Seller's audience located at: Śledziejowice 220, 32-020 Wieliczka, phone number: (12) 345 01 06, e-mail: email@example.com,
e) Online store - an online store run by the Seller operating at the address: www.paoloargento.com.
1. The Buyer may contact the Seller in person at the Business premises specified §2 1 lit. d of the Regulations, by registered mail, by phone, fax or email. The data necessary for the Buyer to contact the Seller in the forms given above, are specified in §2 section 1 lit. d Regulations.
2. The Seller will contact the Buyer by sending messages to the email address provided during registration or will provide information by phone (if the Buyer has provided his telephone number) or by registered mail to the address of the place of residence or delivery provided by the Buyer, if these addresses are different.
1. In matters not addressed by these Regulations, the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93) - hereinafter referred to as the Civil Code, Act on the provision of electronic services of July 18, 2002 shall apply to sales contracts concluded with a Consumer, reference (Journal of Laws No. 144, item 1204), Act on the provision of services in the territory of the Republic of Poland of March 4, 2010 (Journal of Laws No. 47, item 278), Act of 30 May 2014 on consumer rights (Journal of Laws 2014.827). 2. In matters not covered by these Regulations, the provisions of the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93) - hereinafter referred to as the Civil Code, Act on providing electronic services of July 18, 2002 shall apply to sales contracts concluded with the Entrepreneur. reference (Journal of Laws No. 144, Pos. 1204), the Act on the provision of services in the territory of the Republic of Poland of 4 March 2010 (Journal of Laws No. 47, item 278).
1. Disputes arising in connection with the conclusion or performance of sales contracts concluded through the Online Store, in the absence of an amicable settlement by the parties shall be resolved by:
a) common court according to general jurisdiction - in the case of contracts concluded with a Consumer;
b) the court having jurisdiction over the registered office of the Seller - in the case of contracts concluded with the Entrepreneur.
2. In the circumstances of a dispute arising in connection with a consumer good advertised by the Consumer, the Consumer may use out-of-court complaint resolution and redress - after exhausting the complaint - by:
a) applying to a permanent amicable consumer court operating at the provincial inspectorates of the Trade Inspection (at the Małopolska Regional Inspectorate of Trade Inspection in Krakow or Permanent Consumer Arbitration Court in Krakow, with a request to hear a dispute arising between the Consumer and the Seller, in the context of the concluded sales contract), providing in particular data identifying the parties, the subject of the dispute, actions taken so far, the Consumer's request to the Seller,
b) submitting an application for mediation to the Provincial Inspectorate of Trade Inspection (for the Małopolska Region it will be the Małopolska Regional Inspectorate of Trade Inspection in Krakow) providing in the application, in particular, data identifying the parties, the subject of the dispute, actions taken so far, the Consumer's request towards the Seller,
c) submitting a complaint to the European Consumer Center in Poland (ECK in Poland).
3. The consumer may also obtain free assistance in settling disputes between the Consumer and the Seller, from the poviat (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (for example: Consumer Federation, Association of Polish Consumers).
B. / RULES OF USING THE ONLINE STORE:
I. Technical requirements, registration, login.
1. To use the online Store, including browsing the product selection, placing orders, you need a computer with access to the Internet with an Internet browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari, and an active email account.
2. Viewing the Online Store's selection does not require registration or logging in at www.paoloargento.com
1. Registration in the Online Store consists in completing the registration form located on the website at www.paoloargento.com in the 'register' tab (https://www.paoloargento.com/en/registration,5), with the required data indicated in the fields marked with an asterisk (*) and acceptance of the Online Store Regulations.
2. Registration in the online Store is free.
3. Using the account created after registration requires clicking an activation link contained in an email sent by the Seller to the Buyer's email address provided during the account registration.
1. Logging into the Online Store is done by entering the login form available at www.paoloargento.com in the username and password provided when registering the account by the Buyer, and then their acceptance by clicking on the 'log in' icon.
II. Placing and executing orders.
1. The Buyer may place orders for goods available in the online Store seven (7) days a week, twenty four (24) hours a day.
2. The term "available goods" means goods which the Seller has marked with a gray square icon with the hand pictogram indicating the possibility of completing the order within the time assigned (immediately, 24 hours, 48 hours, 72 hours).
1. Placing an order by the Buyer means submitting to the Seller an offer to conclude a sales contract (i.e. make a purchase) of ordered goods.
2. To place an order:
a) register in the Online Store
b) log in to the Online Store
c) select the product being as the subject of the order, and then click the basket icon next to the product name and sale price
d) click the "place order" icon
e) choose from the options indicated on the order form - the form of payment and the method of delivery (personal pickup, delivery)
f) in the event that the goods are picked up by the Buyer in person, select the place where the business premises are located (Śledziejowice 220 collection is to take place)
g) click on the "I order and agree to pay" icon.
3. For delivery data (if the delivery option is selected) and for VAT invoice data, the system defaults to the information provided by the Buyer at the stage of registration in the Online Store. When completing the order form, the data can be changed for the VAT invoice or shipping purposes.
1. When accepted for implementation, the Seller labels orders as "Current status is confirmed". Giving the order the status "Current status is confirmed" is the Seller's statement of acceptance of the Buyer's offer, referred to in § 2 item 1 above.
2. The term of the contract and the delivery of the ordered goods to the Buyer is:
a) if the Buyer chooses to pay for the goods by bank transfer: when the total cost of the order is received on the Seller's bank account by 4:00 PM - in accordance with the delivery time assigned by the Seller in the Online Store for the given goods, i.e. respectively 24 (twenty four) or 48 (forty eight) or 72 (seventy two) consecutive hours falling on days from Monday to Friday from 8:00 AM to 4:00 PM excluding days statutory holidays - calculated from the arrival of the total cost of the order on the Seller's bank account; in the case of the arrival of the total cost of the order on the Seller's bank account after 4:00 PM, in accordance with the delivery time assigned by the Seller in the Online Store for the goods, i.e. 24 (twenty four) or 48 (forty eight) ) or 72 (seventy-two) consecutive hours falling from Monday to Friday from 8:00 AM to 4:00 PM, excluding public holidays - counted from 08:00 AM the day after the total cost of the order has been transferred to the Seller's bank account.
b) if the Buyer chooses to pay for the goods in cash or “cash on delivery”: if the order has been given the status "Current status is confirmed" by 4:00 PM, in accordance with the delivery time indicated by the Seller in the online Store assigned for a given good, i.e. 24 (twenty four) or 48 (forty eight) or 72 (seventy two) consecutive hours respectively from Monday to Friday from 8:00 AM to 4:00 pm, excluding public holidays, counted from the granting of this status; and in the case when the order has been given the status "Current status is confirmed" after 4:00 PM, in accordance with the delivery time assigned by the Seller in the online Store for the goods, i.e. 24 (twenty four) or 48 ( forty-eight) or 72 (seventy-two) consecutive hours falling from Monday to Friday from 8:00 AM to 4:00 PM excluding public holidays - calculated from 8:00 AM the day after this status is granted.
3. The subject of the order is delivered via courier to the address indicated by the Buyer, and, in the case of collection in person, to the business premises chosen by the Buyer (Śledziejowice 220).
4. In the event that the subject of the order is delivered via courier, the Buyer has the option of tracking its route via the courier's website, by logging on the courier's website and providing the shipping number. The shipping number and information about sending the goods will be received by the Buyer on the day the goods are sent (information about the order status is available on the Seller's website at: www.paoloargento.com).
III. Orders that cannot be fulfilled
1. If the goods ordered by the Buyer are not available in current supply or the order cannot be completed in a timely manner for other reasons, the Seller will not give the order the status "Current status is confirmed" and will inform the Buyer about the situation by sending a message to the email address provided during registration or provide information by phone (if the Buyer has provided a telephone number) immediately after the Buyer has placed the order, but no later than within 48 (forty-eight) hours falling on days from Monday to Friday from 8:00 AM to 4:00 PM, excluding public holidays; whereas if the order was placed after 4:00 PM, then the deadline is counted from 8:00 AM on the next business day (i.e. falling from Monday to Friday, excluding days free from work) after placing the order.
2. The Seller, after informing the Buyer about the circumstances specified in par. 1 above, will not give the order the status "Current status is confirmed", which means that the sales contract between the Buyer and the Seller is not concluded then, and the order placed by the Buyer is not subject to execution.
3. If the performance of the order is only possible in part, the Seller shall inform the Buyer in the manner indicated in paragraph 1 above and may suggest the implementation of the order in the part possible at the time. If accepted by the Buyer, the order will be accepted for execution in that part. The Seller does not accept the order for processing in the remaining scope.
4. A lack of consent from the Buyer to accept the order for execution in the part where the performance of the order by the Seller is possible results in the Seller not giving the order the status of "Current status is confirmed". The sales contract between the Buyer and the Seller is not concluded then, and the order placed by the Buyer is in no part subject to implementation.
IV. Information about goods, prices.
1. Information about goods contained on the website www.paoloargento.com, does not constitute an offer within the meaning of art. 66 K.c., and an invitation to conclude a sales contract within the meaning of Art. 71 K.c.
1. Before concluding the contract, the Buyer is informed by the Seller about the main features of the service. By clicking on the goods selected on the website of the online Store www.paoloargento.com, the buyer is notified about the type of product, its name, technical parameters, net price, gross price, and also by choosing the "add to basket ", which takes place before the order and conclusion of the contract, about the price of the goods to be paid and additional costs associated with the order of the goods, such as the cost of delivery of the goods to the Buyer when the Buyer chooses this option.
2. Immediately before placing an order, the Buyer, by clicking on "regulations", has the opportunity to read the rules contained in the Regulations of concluding sales contracts, how to place orders for goods made available on the Seller's website at: www.paoloargento.com, methods of delivering the ordered goods to the Buyer, paying the sale price by the Buyer, withdrawing from the contract, rules for submitting and examining the Buyer's complaints and other information referred to in art. 12 of the Act of 30 May 2014 on consumer rights (DzU 2014.827) to the extent that takes into account the specifics of the business activity conducted by the Seller.
1. The prices of goods made available on the online Store website www.paoloargento.com are given in Polish zlotys (PLN) and shown in the gross amount. The indicated gross amount consists of the indicated amount of the net price of the goods and the applicable amount of VAT.
2. The sale price does not include the costs of delivery of the goods to the Buyer. Delivery costs depend on the form of payment for the goods and are provided when choosing the form of payment.
3. The total cost of the order is the selling price of the goods (gross amount) plus delivery costs, indicated on the order form before the Buyer finalizes the order.
4. The buyer may stipulate that the goods are picked up in person at the business premises, in which case the total cost of the order is only the sale price of the goods (gross amount).
5. Information about the prices of goods is binding until or unless the Seller cancels, i.e. the Seller indicates on the website of the online Store the new price of the goods in place of the current price. Any change in prices does not affect orders placed and accepted for implementation by the Seller in accordance with B II. § 3 item 1 of the Regulations before the date of price change.
V. Forms of payment.
1. The Regulations provide for the following forms of payment for ordered goods at the Buyer's option:
b) cash on delivery
c) transfer (so-called transfer to a Plata company account)
d) online payment via Dotpay S.A., with its registered office in Krakow, 30-552 Kraków, at ul. Wielicka 28B
2. Payment in cash is made by transferring the total price of the order to an employee at the Seller's business premises when picking up the goods.
3. Cash on delivery consists of paying the total price of the order to the courier when the ordered goods are delivered to the Buyer.
4. Payment by bank transfer (so-called prepayment) means that the Buyer transfers the total price of the order to the Seller's bank account in advance after accepting the order, but before the goods for are prepared for delivery to the Buyer. Data necessary for the Buyer to make payments is sent to the Buyer in the form of the "CONFIRMATION OF ORDER SUBMISSION" document to the e-mail address provided during registration after acceptance of the order by the Seller, but before transferring the goods for delivery to the Buyer. The deadline for payment by the Buyer is 7 (seven) days from the date of receipt of the "CONFIRMATION OF ORDER SUBMISSION".
6. The buyer makes the payment in accordance with the payment method indicated in the order.
7. Dotpay S.A. online payment is carried out by the Dotpay SA system, meaning that the Buyer pays the total price of the order via the Dotpay SA system in advance, after accepting the order, but before the goods transferring the goods for delivery to the Buyer by making a direct transfer, i.e. from the Buyer's bank account to the account Seller's bank account as described on the website and in accordance with the regulations available at http://www.dotpay.pl/o_serwisie/regulamin/
VI. Terms of claims against the Seller.
1. The Seller is obliged to provide the Consumer with goods free from physical and legal defects.
2. The Seller is responsible to the Consumer who purchases goods for purposes unrelated to professional or business activity (consumer goods), if the consumer goods have a physical or legal defect at the time of its release, on the basis of liability under the warranty for defects of goods, regulated in Section II Act of April 23, 1964 Civil Code (Journal of Laws 2014.121 i.e.).
3. Complaints regarding defective consumer goods may be submitted by the Consumer personally at the Business premises of the company indicated in point A. § 2. paragraph 1 point (d) of the Regulations or in writing to the address of the Seller: "Plata Sp.J., Śledziejowice 220, 32-020 Wieliczka.
4. When making a complaint, either in person or in writing in accordance with para. 3 above, the consumer should describe the defect and indicate the date of the defect, specify his request in relation to the reported defect and provide the Seller with proof of purchase of the goods and provide the goods in questions, with the proviso that in order to comply with the deadline for submitting a complaint it is enough to send to the Seller notices of defects found before its expiry. The buyer may deliver the purchased goods via courier.
5. With regard to any defects of consumer goods reported through a complaint, the Consumer is entitled to request the repair of the item or its replacement, or a reduction in the price, or withdrawal from the contract if the defect is significant.
6. The Seller within 14 (fourteen) calendar days of the Consumer submitting a complaint regarding the non-compliance of consumer goods with the contract will respond to the Consumer complaint and the submitted request and will inform the Consumer about how to proceed.
7. The Seller is liable under the warranty if a defect in consumer goods is found within two years from the date of delivery of the item sold to the Consumer. The claim for removing the defect or replacing the item with one free from defects expires after one year from the date of finding the defect. The limitation period cannot, however, end before two years from the date of delivery of the item. Within the time limits specified in this point, the Consumer may submit a statement of withdrawal from the contract or reduction of the price due to a defect of the item sold. If the Consumer demanded replacement of the item for a non-defective replacement or removal of the defect, the time limit for submitting a statement of withdrawal from the contract or reduction of the price shall commence upon the ineffective expiry of the deadline for replacement of the item or removal of the defect.
8. The existence of consumer rights due to defective goods does not exclude, limit or suspend the rights under warranty, if applicable. Submission of requests from the warranty granted to the Consumer takes place on the terms set out on the website of the online Store at https://www.paoloargento.com and immediately before the Consumer submits the order.
VII. Terms of complaint. Entrepreneur.
1. The Seller's liability under the warranty for physical and legal defects of the goods in relation to Buyers who are an Entrepreneur is excluded.
2. The Seller may give the Buyer who is an Entrepreneur a guarantee on the terms set out separately.
VIII. Withdrawal from the contract.
1. The Buyer making purchases in the Online Store as a Consumer may withdraw from the contract of sale of goods so purchased without giving a reason by submitting to the Seller an appropriate unequivocal statement in writing within 14 (fourteen) days. The fourteen-day period within which the Consumer may withdraw from the contract is counted from the date on which the consumer takes possession of the goods or by a third party indicated by him other than the carrier. To meet this deadline, it is sufficient to send a statement of withdrawal from the contract before its expiry (for example, by post). The consumer may use, inter alia, the withdrawal form contained in the Act of May 30, 2014 regarding consumer rights (DzU 2014.827) - Annex 2 of the Act.
2. The right to withdraw from the contract does not apply to the consumer in the cases referred to in art. 38 of the Act of May 30, 2014 regarding consumer rights (DzU 2014.827), in particular contracts for sound and visual recordings and computer programs delivered in sealed packaging, if the packaging was opened after delivery of the goods to the Consumer; for the provision of services, if the entrepreneur has fully performed the service with the explicit consent of the Consumer, who was informed before the start of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract; in which the subject of the service is not a prefabricated item and was manufactured according to the Consumer's specifications or serving to satisfy his individual needs; benefits, which after delivery, are limited in scope due to the fact the item in question is subject to rapid deterioration or has a short shelf life.
3. In the event of withdrawal from the contract, the consumer is obliged to return the unaltered goods to the Seller, unless a reasonable change was necessary. The consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary due to its nature, characteristics and functioning. The consumer returns the goods to the Seller immediately, and in any case not later than 14 (fourteen) days from the date of withdrawal from the contract. The consumer can return the goods in person at the business premises (Sledziejowice 220,32-020 Wieliczka) or by sending to the address of the Seller: Plata Sp.J., Śledziejowice 220, 32-020 Wieliczka. The deadline for returning the goods is met if the consumer sends the item back within 14 (fourteen) days, or delivers it to the business premises within this period.
4. The direct costs of returning the goods as a result of withdrawal from the contract shall be the obligation of the Consumer. For goods too large or heavy to send back to the Seller, in the event of withdrawal from the contract, returning the goods may be associated with higher costs than ordinary postal items, the obligation of which will also be incurred by the Consumer.
5. In the event of withdrawal from the contract by the Consumer, the Seller - subject to VIII §1 para. 6 - shall return to the Consumer no later than within 14 (fourteen) days from the date of receipt of the Consumer's statement on withdrawal from the contract, the entire sum of money received from him for the total cost of the order, including the selling price and the costs of delivery of the goods to the Buyer incurred by the Consumer (except for additional costs resulting from the delivery method chosen by the Consumer, other than the least expensive delivery method offered by the Seller).
6. The Seller may withhold the reimbursement of payments received from the Consumer until all times have been returned to the Consumer or upon receipt of proof of a return, depending on which event occurs first.
7. The Seller shall refund the payment using the same method of payment that the Consumer used to complete the original transaction, unless the Consumer has expressly agreed to a different method of return. The Consumer does not bear any fees in connection with the reimbursement by the Seller of the payments referred to in paragraph 5 above.
IX. Security. Personal data.
1. The Seller is the administrator of your personal data within the meaning of the Act of August 29, 1997 regarding the protection of personal data (Journal of Laws 2002.101.926, as amended).
2. The provision of personal data by the Buyer and providing consent to their processing is voluntary, and the Buyer has the right to access that data and correct it.
3. Providing personal data (name, surname, address, tax identification number, e-mail address) is necessary to establish an account in the Online Store. Personal data is made available by Buyers and consent to the processing of that data is expressed through the registration form in the Online Store and in the process of using the Online Store, including making purchases in the Online Store.
4. The Seller processes personal data in order to conclude with the Buyer and perform contracts for the sale of goods ordered in the Online Store.
5. The Seller does not disclose personal data of Buyers to third parties for their processing or use for marketing purposes.
6. The Seller is obligated to store and process personal data in accordance with the Personal Data Protection Act and provides Buyers with access to their personal data for the purposes of correcting it, as well as the right to submit, in the cases specified in the Act, a written request to cease processing of their own personal data and the right to object to the processing of data for marketing purposes or to transfer that data to another data administrator.
7. All correspondence regarding the processing of personal data should be directed to the Seller, who provides information regarding data processing, to the Seller's address: Plata Sp.J., Śledziejowice 220, 32-020 Wieliczka. In case of questions related to the processing of personal data, including regarding the exercise of the rights indicated in paragraph 2 above, the Buyer may contact the Seller by e-mail to the following address: firstname.lastname@example.org,
8. The Seller declares that the Online Store is built based on the latest hardware and software modeled on the best proven solutions.