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Internet Sales Regulations

 

Internet Sales Regulations - effective from 26.02.2020

§ 1

Definitions

  1. Internet shop - operating at http://sklep.agirmanufaktura.pl platform run by Agir Manufaktura Robert Iskandar The subject of the Internet shop's activity is the sale of stained glass gifts. Contact with the Internet shop: 44-100 Gliwice 24 Średnia Street, tel. 606 222 744, e-mail: agir@agirmanufaktura.pl.
  2. Agir Manufaktura Robert Iskandar company registered at 41-800 Zabrze, W. Reymonta Street 13/11 Nip. 118-004-61-15 Regon. 010377346
  3. Regulations - terms and conditions of sale of goods by Agir Manufaktura in the online store. The Regulations are applicable to the sale of goods by way of orders placed by buyers to the online store using electronic mail.
  4. Account - a free electronic service provided by Agir Manufaktura to the Buyer for an indefinite period of time, consisting in maintaining an account in the online store for the Buyer. The account is marked with an individual login and password by the Buyer and constitutes a set of resources in Agir Manufaktura's ICT system, in which Buyer's data, including information on placed orders, are collected. The Buyer may terminate the contract for the service of maintaining an account in the online store without giving any reason for 30 days' notice by way of a written statement sent to the address of Agir Manufaktura indicated in the preface of the Regulations or by way of an electronic message to the following e-mail address: agir@agirmanufaktura.pl. The Buyer may withdraw from the contract for the service of maintaining an Account on the terms specified in § 4 of the Regulations.
  5. The use of the online shop by the Buyer is possible provided that the Buyer's IT system meets the following minimum technical requirements: a) Internet Explorer version 7.0 or later with ActiveX, JavaScript and cookies enabled or b) Mozilla Firefox version 3.0 or later with Java, JavaScript and cookies enabled, c) Minimum screen resolution of 1024x768 pixels.
  6. All rights to the On-line store, including copyright, intellectual property rights to its name, its Internet domain, the Store's website, as well as patterns, forms, logos placed on the Store's website belong to the Seller, and may be used only in the manner specified and in accordance with the Regulations.

§ 2

Placing an order

  1. Sales in the online shop are made exclusively for consumers, traders.
  2. The buyer places an order, indicating the goods he is interested in, using the "to the basket" option.
  3. A detailed description of goods and their unit prices can be found on the website of the e-shop.
  4. The price binding for the buyer and Agir manufaktura is the price visible on the website when the buyer places an order for the goods. Prices of goods given in the online store are valid only in the online offer of this store for the period of availability of goods. Prices given are prices including VAT (gross prices).
  5. The condition necessary to complete the order is that the buyer correctly completes the order form on the website of the online store.
  6. In the order (in the basket), the buyer indicates: a) the goods to be ordered, b) the name and surname or company name of the buyer, the address to which the goods are to be delivered, the e-mail address to which the confirmation of acceptance of the order for processing will be sent by the online store and the telephone number, possible data for the invoice, c) the method of delivery, d) the method and date of payment for the order.
  7. The buyer has the possibility to place an order for goods with other individual characteristics (individual order) only after prior consultation with the staff of the online store to the e-mail address given in the online store.
  8. When placing an order, the buyer is informed about the cost of delivery of the goods. The cost of delivery of goods is given in the amount including VAT and depends on the value of the order and the chosen form of payment and the weight of goods. The cost of delivery of the goods is borne by the buyer.
  9. The buyer places an order using the "I place an order with obligation to pay" button.
  10. Delivery of goods is made to the address given by the buyer when placing an order.
  11. The Buyer is obliged to pay the price for the ordered goods, including delivery costs, within 7 days from the date of conclusion of the contract, subject to payment upon receipt. The Buyer may use the following forms of payment:

    a) DotPay - a quick transfer operated by DotPay S.A. settlement agent with its registered office in Kraków (30-552) at 72 Wielicka Street, entered into the National Court Register by the District Court Kraków-Śródmieście in Kraków, XI Economic Department of the National Court Register under the number 0000296790, having Tax Identification Number (NIP) 634-26-61-860, having the consent of the Polish Financial Supervision Authority (KNF) No IP14/2013 to act as a Payment Institution,

    b) bank transfer - the buyer pays to the bank account number indicated by the online store the amount being the sum of the delivery costs of the goods and the price of the goods,

    c) payment on delivery: cash on delivery - in the case of sending the goods through a carrier (courier), the buyer pays the sum of the costs of delivery of the goods and the price of the goods in cash on receipt of the consignment
  1. Cash on personal delivery
  1. The minimum duration of the consumer's obligations arising from the conclusion of the sales contract is 7 days.

§ 3

Order processing

  1. Acceptance of an order for processing is confirmed by Agir Manufaktura by e-mail within 3 working days from the date of placing the order by the buyer to the buyer's e-mail address given during the order placement.
  2. In case the delivery of an order is impossible due to lack of availability of the goods, the online shop informs the buyer immediately. The buyer may report a change in the delivery date, change or cancellation of the order at his choice.
  3. The goods can be collected in person - if such an option was chosen when placing an order - at Pracownia Agir Manufaktura in 44-100 Gliwice, 24 Średnia Street.
  4. The ordered goods are delivered to the buyer through a carrier (courier) to the address indicated by the buyer when placing the order. The consignment is insured and marked accordingly.
  5. Delivery takes place only on working days (Monday to Friday), in most cases within 24 hours of dispatch (exceptionally 48 hours). The goods are sent, depending on availability, within 24 hours from the date of confirmation of order acceptance for execution on working days but not later than 5 working days. In case of an order with personal collection, the goods will be ready for collection in Agir Manufaktura Studio within maximum 4 working days from the date of confirmation of order acceptance. In case the buyer chooses the method of payment by bank transfer, the delivery of goods will begin on the next working day after the payment is credited to the bank account of Agir Manufaktura.
  6. In case the package, seals and/or protective tapes are damaged, Agir Manufaktura recommends, in the presence of the courier, to draw up a damage report and immediately contact Agir Manufaktura to clarify the matter.
  7. A buyer who is not a consumer is obliged to:
    a) examine the goods in the presence of the courier whether there was no damage to the goods during transport and whether the goods do not contain quantitative defects, for which reason a protocol should be drawn up in the presence of the courier, listing the damage or shortages and the date and time, under pain of acknowledging that the goods have been delivered without damage occurring during transport or without quantitative defects.

    b) examine the goods within 2 days from the date of receipt as to the occurrence of overt defects on pain of losing the right to make a subsequent complaint,

    c) to notify Agir Manufaktura about obvious or hidden defects within two days from the date of their detection or else the right to make a subsequent complaint is lost.

     
  8. In the case of a buyer who is not a consumer, Agir Manufaktura's liability for damage caused in connection with the performance of the order placed and the contract concluded is limited to the actual value of the damage excluding lost profits.

§ 4

Withdrawal from the contract by the buyer who is a consumer

  1. According to the Act of 30 May 2014 on Consumer Rights, a buyer who is a consumer may, without giving any reason and without incurring any costs except those set out in Article 33, Article 34(2) and Article 35 of the Act on Consumer Rights[1], withdraw from a sales contract within 14 days from the taking possession of the item by the consumer or a third party other than the carrier indicated by the consumer or, where the contract covers several items which are delivered separately, in lots or parts, from the taking possession of the last item, lot or part. The consumer may withdraw from the contract by making a statement of withdrawal.
  2. The consumer may withdraw from the contract: keeping an account in the online store, within 14 days of the conclusion of each contract.
  3. The declaration of withdrawal may be submitted on a form, a specimen of which is attached as Annex 1 to these Regulations. In order to meet the deadline it is sufficient to send the statement before its expiry.
  4. A declaration of withdrawal may be made by sending a written statement to the address: 44-100 Gliwice ul. Średnia 24 as well as electronically to e-mail:agir@agirmanufaktura.pl or on the website of the Online Shop.
  5. Agir Manufaktura is obliged to immediately send a confirmation of receipt of the statement of withdrawal to the consumer on a durable medium.
  6. Agir Manufaktura shall immediately, not later than within 14 days from the date of receipt of the consumer's statement of withdrawal from the contract, reimburse the consumer for all payments made by him, including the costs of delivering the goods. Agir Manufaktura shall reimburse payments using the same method of payment as used by the consumer, unless the consumer has agreed to another method of reimbursement which does not involve any costs for him.
  7. If Agir Manufaktura has not offered to collect the item from the consumer by itself, it may withhold the reimbursement of payments received from the consumer until the item is received back.
  8. The consumer is obliged to return the item to Agir Manufaktura in an undamaged condition or hand it over to a person authorized by Agir Manufaktura to collect it immediately, but not later than 14 days from the day on which he withdrew from the contract, unless Agir Manufaktura offered to collect the item himself. In order to meet the deadline, it is sufficient to send the item back before its expiry.
  9. The consumer shall bear only the direct cost of returning the goods to Agir Manufaktura (the cost of returning the goods to Agir Manufaktura as a result of withdrawal from the contract), unless Agir Manufaktura agreed to bear it or did not inform the consumer about the necessity to bear these costs.
  10. A consumer shall be liable for any reduction in the value of an item resulting from the use of the item in a manner exceeding that which is necessary to ascertain the nature, features and functionality of the item, unless Agir Manufaktura has not informed the consumer about the right of withdrawal in accordance with the requirements of Article 12 section 1 point 9 of the Act of 30 May 2014 on Consumer Rights.
  11. The consumer shall not bear any costs incurred by Agir Manufaktura in case the consumer withdraws from the contract for services of maintaining an account in the online store, if the performance of these services at the express request of the consumer is to start, before the end of the withdrawal period. Also, the consumer shall not bear any costs in case of withdrawal from these contracts after the expiration of the deadline for withdrawal from any of them.
  12. The consumer shall not have the right of withdrawal from an off-premises or distance contract in respect of contracts:

(a) for the provision of services, if the trader has performed the service in full with the express consent of the consumer, who was informed before the performance began that he will lose the right of withdrawal once the trader has performed;

(b) where the price or remuneration depends on fluctuations in the financial market which are outside the trader's control and which may occur before the withdrawal period expires;

(c) where the benefit is provided for non-profabricated goods produced to the consumer's specifications or to meet his personalised needs

(d) in which the object of the service is an item supplied in sealed packaging which cannot be returned for health protection reasons or for hygiene reasons if the packaging has been opened after delivery;

(e) in which the object of the benefit is items which, by their nature, are inseparably connected with other items after delivery;

§ 5

Warranty for defects

  1. Agir Manufaktura is obliged to deliver goods without defects. Agir Manufaktura shall be liable for defects in the goods in accordance with the provisions of the Act of 23 April 1963. Civil Code (i.e. Journal of Laws 2017.459 as amended)
  2. In the case of sales that are not consumer sales, the warranty provisions of the Civil Code are excluded.
  3. Agir Manufaktura does not guarantee the goods.
  4. Warranty claims can be made in writing to the address: Agir Manufaktura: 44-100 Gliwice ul. Średnia 24; in electronic form to: agir@agirmanufaktura.pl.
  5. A buyer who exercises his warranty rights is obliged, at Agir Manufaktura's expense, to deliver the defective item to Agir Manufaktura's Laboratory to the address: 44-100 Gliwice ul. Średnia 24.
  6. Agir Manufaktura shall recognize a warranty claim within 14 days of its receipt. If within 14 days Agir Manufaktura does not respond to the Buyer's requests, it means that the request was deemed justified by Agir Manufaktura.
  7. The customer sends back the item at his expense intact (the item must be delivered in its original packaging, undamaged, without signs of use)

§ 6

Cancellation of order

  1. The online shop may cancel the order of a buyer who is not a consumer, if:

    a) The buyer has chosen a bank transfer as a form of payment, and the amount due for the order will
    not be credited to Agir Manufaktura account within 7 calendar days from the date of receipt of order confirmation by the buyer,

    b) The Buyer has chosen personal
    collection of the goods in Agir Manufaktura Laboratory and has not performed the collection within 7 calendar days from the agreed date of collection.
  2. A buyer at a sale which is not a consumer may cancel the order if the ordered goods are not received after 21 working days from the date of confirmation of acceptance of the order for execution, and otherwise, if Agir Manufaktura agrees to it.
  3. In the cases referred to above, if the amount due has already been paid, Agir Manufaktura shall return it to the buyer on a sale that is not a consumer sale, without interest, within 14 days from the date of cancellation of the order.

§ 7

Personal data

  1. The administrator of the personal database provided by customers of the online store in connection with orders is Agir Manufaktura Robert Iskandar, 41-800 Zabrze 13/11 W. Reymonta Street.
  2. The rules concerning the protection of personal data are contained in the Privacy Policy attached as Annex 2 to these Regulations.

 

§ 8

Final provisions

  1. Agir Manufaktura is not bound by the general terms and conditions or the contractual provisions of a buyer who is not a consumer, if Agir Manufaktura has not expressly agreed to them.
  2. Product descriptions and pictures, trademarks and "logos" are the property of Agir Manufaktura and may not be used without the consent of Agir Manufaktura in accordance with applicable laws.
  3. In case of non-consumers, the court having jurisdiction over the cases resulting from placing an order and sales contract as well as account management services, is the common court having jurisdiction over the registered office of Agir Manufaktura.
  4. In the case of consumers, the competent court for handling cases resulting from placing an order and the sales contract and account maintenance services is a common court of law.
  5. The consumer has the possibility to pursue his claims by using mediation. Mediation is conducted on the basis of a mediation agreement or a court order referring the parties to mediation. The agreement may also be concluded by a party's consent to mediation if the other party has submitted a request referred to in Article 1836 § 1 of the Code of Civil Procedure Act of 17 November 1964 (i.e. Journal of Laws 2018.155. as amended). In a mediation agreement, the parties shall specify, in particular, the subject of the mediation, the person of the mediator or the method of selection of the mediator. Mediation shall be conducted before the commencement of proceedings, and with the consent of the parties also in the course of the case. The rules concerning mediation are specified in the provisions of Articles 1831-18315 of the Act of 17 November 1964 Code of Civil Procedure.
  6. The consumer has the possibility to use out-of-court complaint handling and claiming:

a) a consumer may obtain free legal assistance from a municipal (district) consumer advocate or a social organisation whose statutory tasks include consumer protection (e.g. Consumer Federation, Polish Consumers Association),

b) the consumer is entitled to apply to the Provincial Inspector of the Commercial Inspectorate for initiation of mediation proceedings to amicably end the dispute between the Consumer and the trader,

(c) the consumer shall be entitled to apply to the Permanent Arbitration Court of the Consumer Acting at the Commercial Inspectorate for the resolution of a dispute arising from the sales contract concluded,

(d) information on how to access the above mentioned dispute resolution procedures and procedures can be found at the following address: www.uokik.gov.pl under the tab "Consumer dispute resolution".

  1. At http://ec.europa.eu/consumers/odr the consumer has access to the electronic resolution of consumer disputes via the EU online platform (ODR platform). The ODR platform is a multilingual, interactive website with a one-stop-shop for consumers and traders seeking out-of-court resolution of disputes arising from an online sales or service contract.
  2. The law applicable to agreements concluded in the Online Shop and to the Regulations is Polish law

 

 


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