Regulations
§1 Definitions
§2 General Provisions
§3 Services and General Terms of Providing the Services
§4 Contract of Sale
§5 Order Processing Time and Delivery §6 Payment Methods
§7 Warranty for the Defects of the Goods
§8 Withdrawal from the Contract of Sale
§9 Withdrawal from the Contract for the Provision of Services by Electronic Means and Complaint Procedure
§10 Responsibility
§11 Final Provisions
Introduction
The “PaMaMi” Online Store available at http://pamami.pl (hereinafter referred to as the “Online Store”) operated by: Zenon Szokaluk conducting business activity under the business name “BIG-SZOK” Dziewiarstwo i Krawiectwo with its registered office in 22-170 Rejowiec Fabryczny, at ul. Lubelska 44 A, Tax Identification Number (NIP): 564 100 04 79, Statistical Identification Number (REGON): 110006530, phone number: 513 513 523, e-mail: sklep@pamami.pl
These regulations specify the types and scope of provision of services by electronic means via the Online Store, the principles of concluding contracts of sale via the Online Store, the principles of performance of these contracts, rights and obligations of the Customer and the Seller as well as the procedure of withdrawal from the contract and the complaint procedure.
§ 1
Definitions
1. Online Store – the online store available at http://pamami.pl.
2. Seller – Zenon Szokaluk conducting business activity under the business name “BIG-SZOK” Dziewiarstwo i Krawiectwo with its registered office in 22-170 Rejowiec Fabryczny, at ul. Lubelska 44 A, Tax Identification Number (NIP): 564 100 04 79, Statistical Identification Number (REGON): 110006530.
3. Customer – a natural person, legal person or an organisational unit without legal personality, whom the law confers legal capacity, concluding a contract with the Seller.
4. Consumer – a natural person carrying out with the Seller a legal transaction not directly related to its business or professional activity.
5. Service – electronic services provided by the Seller via the Online Store.
6. Contract of Sale – a distance contract concluded between the Customer and the Seller via the Online Store, the subject of which is the purchase of Goods.
7. Goods – a product, a movable item, which the Customer acquires via the Online Store from the Seller who is the manufacturer of the Goods.
8. Customer's Account – a collection of resources in the Seller's IT system, in which information about the Customer is gathered, including the address and the order history.
9. Registration Form – a form available in the Online Store that allows to set up the Customer's Account.
10. Order Form – a form available in the Online Store that allows to make a purchase.
11. Newsletter – a service that allows to subscribe and receive by electronic means free of charge information about the Seller's Goods and promotions.
12. Working Day – one day from Monday to Friday, excluding public holidays.
§ 2
General Provisions
1. The Seller agrees to provide services to the Customer to the extent and on terms specified in the Regulations.
2. The Customer undertakes to use the Online Store in accordance with applicable law and the principles of social coexistence.
3. The Customer using the Seller's Services is obliged to comply with these Regulations.
4. The Seller shall observe the principle of protection of personal data of Customers under the Act on Personal Data Protection of 29 August 1997 (consolidated text, Journal of Laws of 2015, item 2135).
5. The Customer consents to the collection, storage and processing of personal data by the Seller to carry out the ordered service. Detailed conditions for the collection, processing and protection of personal data by the Seller are specified in the “Privacy Policy” of the Online Store.
6. The Goods available in the Online Store are new and free from physical and legal defects. The Goods have been legally put on the Polish market.
7. The Goods available in the Online Store are manufactured by the Seller in accordance with the Customer's individual order on the basis of illustrative images of the Goods available in the Online Store.
8. The Seller carries out orders in Poland and across the European Union.
9. All the information contained in the Seller's Online Store, referring to products (including prices), do not constitute an offer within the meaning of Art. 66 of the Civil Code, but an invitation to conclude a contract referred to in Art. 71 of the Civil Code.
10. All prices quoted on the Online Store's website are given in Polish zlotys (PLN) and are gross prices (include VAT). Prices do not include delivery costs.
§ 3
Services and General Terms of Providing the Services
1. The Seller provides services by electronic means via the Online Store consisting in:
a) enabling filling in the order form to conclude contracts of sale,
b) allowing the registration and managing the Customer's Account,
c) sending to the Customer information about promotions and the Goods in the form of a “Newsletter”.
2. Services referred to in paragraph 1 are provided free of charge.
3. The contract for the provision of services by electronic means as to enabling filling in the order form, referred to in paragraph 1 letter a, is concluded with the Customer for a specified time at the moment he/she starts to fill in the form and terminates upon withdrawal from filling in the form or sending the completed Seller's form.
4. The contract for the provision of services by electronic means as to allowing the registration and managing the Customer's Account referred to in paragraph 1 letter b, is concluded with the Customer for an indefinite period at the time of his/her registration in the Online Store.
5. The contract for the provision of services by electronic means in the form of the “Newsletter” referred to in paragraph 1 letter c, is concluded for an indefinite period as of the moment the Customer subscribes to the “Newsletter” using the functionality available on the Online Store's website.
6. The Customer's Account is set up (“Registration”) using the functionality available on the Online Store's website – Registration Form. During registration, the Customer shall provide, among others, a login and determine an individual password, which together with the login enables access to the Customer’s Account.
7. The technical requirements necessary to use the services provided by the Seller include:
a) a device with access to the Internet,
b) a web browser supporting Cookie Files,
c) access to e-mail.
8. The Customer shall pay fees for access to the Internet and data transmission in accordance with the tariff of his/her Internet service provider.
9. The Customer is obliged to provide only true data in the forms available in the Store.
10. It is prohibited to provide unlawful content by the Customer.
§ 4
Contract of Sale
1. Orders can be placed 7 days a week, 24 hours a day.
2. The Seller provides the following ways of placing orders for the Goods available in the Online Store:
a) by phone at 603 301 711 from Monday to Friday from 8:00 a.m. to 4:00 p.m.,
b) via the Order Form available in the Online Store.
3. In order to fully enjoy all the options available in the Online Store, the Buyer can make a voluntary Registration. The Customer makes the registration only once and free of charge, and it is not necessary to place Orders in the Store. Subsequent Orders are carried out on the basis of logging in of the registered Buyer to the Store.
4. To place an order via the Order Form, the Customer selects the Goods available in the Online Store by indicating the characteristics and the quantity of the ordered product. Upon selecting the Goods (adding the Goods to the “basket” through the functionality available in the Online Store), the Customer completes the order form indicating the data necessary to carry out the order by the Seller.
5. To place an order in the manner specified in paragraph 1 letters a and b, the Customer indicates the Goods which he/she intends to purchase, if possible, he/she determines its characteristics (product index, colour, quantity), and provides the data necessary to carry out the order (name, surname, delivery address, phone number and e-mail address). To place an order, the Customer must also select the payment method, and in case of selecting the invoice, complete the field “Invoice data”.
6. Upon receiving the order, the Seller shall send to the Customer's e-mail address provided when placing an order, a statement on accepting the order, which at the same time is its confirmation. Upon receipt of the message by the Customer, the contract of sale is deemed to be concluded.
7. The order confirmation contains the established terms and conditions of the contract of sale and, in particular, the amount and type of the Goods ordered, the total price to be paid together with the delivery costs and the amount of awarded discounts (if applicable).
8. The Seller shall inform the Customer by e-mail or by an SMS message about the change in the status of Order. The Customer having the Customer's Account can check the status of the Order by logging in to the “My Account” section
§ 5
Order Processing Time and Delivery
1. The Seller carries out orders according to the order of their receipt (including § 6 paragraph 3 hereof).
2. The order processing time, i.e. the time to release the Goods to the carrier by the Seller is 24 hours. The order processing time specified by the Seller does not include the delivery time of the Goods to the Customer by a courier service. The delivery time of the Goods by the courier is usually 1 working day.
3. Orders are released for delivery to the courier company only on working days.
4. In the case of collection of the Goods in person by the Customer in the registered office, the time to deliver the Goods to the Customer ranges from 24 to 48 h. The exact date of release of the Goods by the Seller shall be determined individually with the Customer.
5. If it is impossible to carry out the order within the time limit specified in paragraph 2 and 3, the Seller shall contact with the Customer to determine the further course of action.
6. The Customer shall be entitled to cancel or change the order no later than the time of sending the order confirmation by the Seller, as referred to in § 4 paragraph 6. For this purpose, the Customer shall immediately contact the Seller by phone or e-mail.
7. Detailed information about the costs and forms of delivery is published in the Online Store in the “Forms and Delivery Costs” tab.
8. Information about the costs of selected by the Customer form of delivery is given in the process of completing the Order Form and in the order confirmation, in accordance with § 4 paragraph 7.
9. Upon receipt of the order, the Customer shall carefully check the condition of the packaging and its content. In case of any damages or other irregularities, the Customer shall draw up, in the presence of the courier, a damage report and immediately notify the Seller of this fact by phone or e-mail.
§ 6
Payment Methods
1. The Seller provides the following payment methods:
a) online payment,
b) via the PayPal online payment system,
c) cash payment on delivery of the Goods,
d) traditional transfer to the Seller’s bank account operated by mBank account number: 36 1140 2004 0000 3402 7205 1830
2. The Customer is obligated to make payment within 7 calendar days from the date of concluding the contract. In the case of non-payment within a specified time limit, the contract of sale shall be terminated.
3. The Order shall be carried out upon recording the payment on the Seller's bank account. In case of selecting payment by cash on delivery, the order is carried out upon its confirmation by the Seller.
4. The Seller documents the sale of the Goods with a receipt or a VAT invoice. The proof of purchase shall be delivered to the Customer together with the Goods.
5. In case of selecting the VAT invoice delivered electronically, the Customer declares that he/she accepts issuing and sending the original VAT invoice without a signature, in electronic form in PDF format, to the e-mail address specified when placing the order, in accordance with the Act on Tax on Goods and Services of 11 March 2004 and the Regulation of the Minister of Finance on Issuing VAT Invoices of 3 December 2013.
§ 7
Warranty for the Defects of the Goods
1. According to Art. 556 of the Act of 23 April 1964 - the Civil Code, the Seller is liable to the Customer for the physical and legal defects of the Goods. The Seller is released from liability under the warranty if the Customer knew about the defect at the time of conclusion of the contract.
2. Delivering the Goods as part of the execution of rights under the warranty for defects shall take place at the Seller's expense.
3. The Seller is liable under the warranty if the defect is found within two years from the date of handing the Goods to the Customer. In the case of used Goods, the Seller is liable under the warranty for defects found within one year from the date of handing the Goods to the Customer who is a consumer.
4. In accordance with Art. 558 of the Act of 23 April 1964 - the Civil Code, the Seller's liability under the warranty is excluded in case of sale to the Customer who is an entrepreneur.
5. The notification of defects of the Goods shall be sent by e-mail to sklep@pamami.pl or in writing to the address of the Seller's registered office. The notification can be sent on the form enclosed as Appendix 2 to these Regulations.
6. If it is necessary for the assessment of physical defects, the Goods shall be delivered to the Seller's address specified in § 1 paragraph 2.
7. The Seller shall respond to the Customer's notification within 14 calendar days of its receipt. Failure to examine the notification within the prescribed time limit shall be tantamount to its acceptance.
8. The Seller shall cover the costs of collection, delivery, removal of a defect or replacement of the Goods with the new ones.
§ 8
Withdrawal from the Contract of Sale
1. The Customer who is a consumer in connection with Art. 27 of the Act on Consumer Rights of 30 May 2014, shall be entitled to withdraw from the concluded distance contract without stating any reasons.
2. The Customer shall be entitled to withdraw from the contract within 100 calendar days from the moment of taking possession of the Goods by the Customer or a third party appointed by him/her, other than the carrier.
3. To meet the time limit referred to in paragraph 2 it is enough to send a declaration of withdrawal from the contract by e-mail or to the Seller's address prior to its expiry.
4. The Customer who is a consumer is obliged to inform the Seller of the decision to withdraw from the contract in the form of a clear declaration of intent. The Customer who is a consumer may use the form enclosed as Appendix 1 hereto.
5. In case the Customer makes use of the option to send the declaration of withdrawal from the contract by e-mail, the Seller shall immediately confirm the receipt of information about the withdrawal from the contract via e-mail or in hard copy to the Customer's address.
6. The Customer having the Customer's Account has the option to take advantage of the return procedure prepared by the Seller by logging in to the Account and selecting the option “Take advantage of the store's consignments” in the returns panel.
7. The return procedure prepared by the Seller is described in detail in the “Return” tab in the Online Store. Using the above-mentioned procedure by the Customer is not the prerequisite to exercise the consumer's statutory right to withdraw from the contract and does not limit this right in any way.
8. The Seller shall immediately, not later than 14 calendar days from the date of receipt of the notice of withdrawal from the contract, reimburse all payments received from the Customer, including the costs of delivery of goods. The Seller shall reimburse the payments using the same payment method used by the Customer, unless the Customer explicitly agreed to the reimbursement of payment by other method, which does not involve any additional costs.
9. The Seller may withhold the reimbursement of received payments until it has received the Goods back or until the Customer has supplied the proof of having sent back the Goods, whichever is earlier, unless the Seller has offered to collect the Goods.
10. If the Customer has chosen other method of delivering the Goods than the cheapest way offered by the Seller, the Seller is not obliged to reimburse the additional costs incurred by the Buyer.
11. The Customer is obliged to immediately return the Goods to the Seller or to deliver it in person to the Seller's authorised person, but not later than within 14 calendar days from the date on which the Customer withdrew from the contract, unless the Seller has offered to collect the Goods. To meet the deadline, the Goods shall be send back prior to its expiry.
12. The Customer shall bear only the direct cost of returning the Goods.
13. The Goods shall be delivered to the Seller's address.
14. In the event of withdrawal from the contract, the consumer shall be liable for any diminished value of the goods being the result of using them in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
15. The Customer is not entitled to withdraw from the contract as regards contracts referred to in Art. 38 of the Act on Consumer Rights of 30 May 2014.
16. In case the Seller manufactures the Goods according to the Customer's specifications, to his/her individual order, the Goods are not returnable in accordance with Art. 38 paragraph 3 of the Act on Consumer Rights of 30 May 2014.
§ 9
Withdrawal from the Contract for the Provision of Services by Electronic Means and the Complaint Procedure
1. The Customer who is a consumer has the right to withdraw from the contract for the provision of services by electronic means within 14 calendar days from the date of conclusion of the contract.
2. The Customer may withdraw from the contract by submitting to the Seller a declaration by e-mail to the address sklep@pamami.pl or in writing by e-mail to the address of the Seller's registered office. Withdrawal from the contract may take place on the form enclosed as Appendix 1 hereto.
3. In the case of contracts for the provision of services by electronic means having a continuing and indefinite character (e.g. in the case of the contract referred to in § 3 paragraph 1 b), the Customer is entitled to withdraw from the contract. The Customer may terminate the contract with immediate effect and without stating any reasons by sending a declaration of withdrawal by e-mail to sklep@pamami.pl.
4. The Seller reserves the right to withdraw from the contract for the provision of services by electronic means having a continuing and indefinite character by providing a notice period of 7 days in the event of breaching the provisions of these Regulations by the Customer.
5. In the case of non-performance or improper performance by the Seller of the services provided via the Online Store, the Customer is entitled to lodge a complaint by e-mail to sklep@pamami.pl using the complaint form enclosed as Appendix 2 to these Regulations.
6. The properly lodged complaint should include the Customer's designation (name and surname or company name, residence address or business address, e-mail address), the subject matter of the complaint together with an indication of the time period covered by the complaint and the circumstances justifying lodging the complaint. The complaint should be lodged within 12 months from the date on which the service was not performed or was performed improperly.
7. The Seller shall examine the complaint within 14 calendar days of receiving the complaint.
8. If the time limit referred to in paragraph 6 is exceeded, the complaint shall not be considered. The Seller shall immediately inform the Customer about the cause of not examining the complaint.
§ 10
Responsibility
1. The Seller is not responsible for the provision by the Customer of erroneous data (in particular by providing incorrect data in the forms available on the website) or the Customer's action obstructing or preventing the provision and delivery of services by the Seller.
2. The Seller reserves the right to suspend or terminate the provision of specific functionalities of the Online Store due to the need for maintenance, inspection and expansion of the technical base or software. Suspension or termination of the provision of specific functionalities of the Online Store shall not violate the Customer's rights.
§ 11
Final Provisions
1. All content posted on the Online Store's website (including graphics, text, page layout and logos) benefit from the protection provided for copyrights and are the sole property of the Seller. The use of this content without the Seller's written consent shall result in civil and criminal liability.
2. The Seller reserves the right to change these Regulations. The Seller shall notify about changing the Regulations on the Online Store's website at least 7 calendar days prior to the entry into force of changes in the Regulations. Changing the provisions of the Regulations does not apply to Customers who placed orders during the effective period of the previous version of the Regulations.
3. In other matters not governed by the provisions of these Regulations the relevant provisions of Polish law shall apply.
4. The Customer who is a consumer has the right to use extrajudicial methods of resolving disputes and pursuing claims through mediation or the arbitration court. Regardless of the above, the Customer may request the assistance of the municipal (district) consumer ombudsman. All the necessary information may be obtained on the website of the Office of Competition and Consumer Protection at www.uokik.gov.pl. The Customer who is a consumer may also make use of electronic means of resolving disputes with the Seller via the ODR platform available at http://ec.europa.eu/consumers/odr/.
5. Disputes arising from the provision of services under these Regulations shall be submitted for settlement by the common court at the Customer's discretion in accordance with the relevant provisions of Polish law.
6. Appendices to the Regulations constitute an integral part thereof.
7. The Regulations shall come into effect on 19/09/2016.
