Regulations for the sale of goods at a distance and the provision of services by electronic means

(valid from 25.12.2014)

 

§ 1

Introduction

The hereby regulation determine the  terms and conditions of using the Online Store www.3i-store.com, trading as 3i Zbigniew Inglot ul. Wybrzeże Marszałka Piłsudskiego 4, 37-700 Przemyśl, NIP (tax identification number) 7951652013, REGON (Polish Business Registry Number): 650256302, entered into the registry of entrepreneurs  - Central Record and Information of Business Activity (CEIDG) run by the Minister Responsible for the Economy, specifying the rules of placing Orders and making sales agreements by means of distant communication as well as by using the services of 3i online shop.

 

Data for rapid communication with the seller (Address/contact/complaint)

Contact details:

 3i

ul. Wybrzeże Marszałka Józefa Piłsudskiego 4

37-700 Przemyśl

Polska 

 

Phone: +48 16 675 12 14

Mobile: +48 796 938 885 – online orders

E-mail: info@3i-store.com

 

Contact details for complaint

3i

ul. Wybrzeże Marszałka Piłsudskiego Piłsudskiego 4

37-700 Przemyśl

Polska

 

Phone: +48 16 675 12 14

Mobile: +48 796 938 885 – online orders

E-mail: reklamacje@3i-store.com

 

§ 2

Glossary of terms

The terms used in the conditions shall have the following meaning:

1)    The Customer – any individual, who is at least 18 years of age as well as a legal person or a business unit without legal personality, with legal capacity under the applicable law, who has made or is planning to make an order in the Online Store.

                                                  

2)    The Consumer -  the individual completing a legal transaction with the trader not related to his/her professional activity.

 

3)    Terms and conditions – the hereby terms and conditions of using means of distance communication and electronically supplied services. In respect of electronically supplied services the Terms and Conditions is the regulation, referred to in Article 8 of the Law of 18 July 2002 concerning the electronically supplied services;

 

4)    The Online Store ( referred to as „Store”) – an online service https://3i-store.com where the customer may order products as well as use other services of the online Store;

 

5)    Interested party - Service provider or Customer

 

6)    The product – personal property being the subject of selling;

 

7)    Sales agreement – sales agreement within the meaning of the Civil Code, between the Service provider and the Customer with the use of electronically supplied services through the Store, the subject of which are products.

 

8)    Services – service provided electronically by the Service Provider under the terms of Terms and Conditions of the Store;

 

9)    Service Provider (seller) - Zbigniew Inglot ul. Wybrzeże Marszałka Piłsudskiego 4, 37-700 Przemyśl, NIP (tax identification number) 7951652013, REGON (Polish Business Registry Number): 650256302, entered into the registry of entrepreneurs  - Central Record and Information of Business Activity (CEIDG) run by the Minister Responsible for the Economy.

10)  The Law – the law of Consumer rights on 30th May 2014 (Dz.U. 2014, poz.827);

11) The Order – declaration of Customer’s intent to conclude a sales agreement with the Service Provider, towards concluding a distance selling agreement via the Online Store determining the type and amount of products being the subjects of selling.

 

§ 3

Party responsibilities

  1. The Customer is obliged to use the services of the Service Provider in accordance with the regulations of the Polish Law, the Terms and Conditions as well as not providing any contents prohibited by law.
  2. The Seller is obliged to deliver the product without defects.
  3. If the Customer is a consumer, the Seller should release products immediately, no later than 30 days following the date of conclusion, unless indicated otherwise in the contract (e.g. in the item description a different delivery dat eis indicated)

 

§ 4

The order

  1. The Customer may make orders in the Online Store 24 hours a day, 7 days a week.
  2. In order to conclude a sales contract at a distance, the Customer needs to choose the product, provide the required data and follow the instructions to complete the order. 
  3. To place the order the Customer is obliged to read and accept the terms and conditions. 
  4. After placing the order, the Customer receives an email as a confirmation of the order, containing confirmation of all the details of the order. 
  5. The contract is concluded the moments the Customer receives the above mentioned email.

§ 5

Prices, payment, delivery

  1. Prices of products are in PLN and include VAT tax.
  2. Prices of products do not include delivery fee. The total contract value includes he price of product and delivery fee.
  3. Orders are delivered by courier companies.
  4. The Customer may include the discount code, which lowers the price of product.
  5. The Customer can pay for the product:

a)    Pay on receipt

b)    Pay by bank transfer (advance payment)

c)     Via przelewy24.pl service (provided by DialCom24 Sp. z o.o., address: 60-327 Poznań, ul. Kancelarska 15 NIP 781-173-38-52. REGON 634509164 Sąd Rejonowy Poznań, VIII Wydz. Gospodarczy Krajowego Rejestru Sądowego NR KRS 0000306513, the amount of registered capital: 1 697 000) – online or credit/debit card payment.

d)    Via PayPal (provided by PayPal (Europe) S.à r.l. et Cie, S.C.A. (registered in R.C.S. Luxembourg nr B 118 349), headquarters in Luxembourg, L-2449.

  1. If the Customer chooses Pay on receipt option, he/she is obliged to pay the courier or at the Post Office for the order. In case of the Customer’s evasion of payment for the delivery parcel, i.e. in the event of the Customer’s non-performance of the Contract of Sale, the Post or courier company will return the parcel to the Seller (after 14 days from the first delivery attempt). In such situation, i.r. if the Purchase Agreement is not performed by the Customer, the Seller may call the Customer to perform it, and also demand compensation for damage caused by the Customer’s non performance of the Purchase Agreement, which means in particular covering the cost of return delivery and call for performance of the contract payments. 
  2. The products are delivered in case of payments specified in paragraph 5 a or b immediately after the conclusion of the Purchase Agreement and in the case described in paragraph 5 c-e immediately after recognizing the Customer’s bank account or an account in the przelewy24 or PayPal system.
  3. When receiving the order it is suggested that the Customer checks the parcel and indicate that in case of:

- damage to the mechanical content of the parcel

- incomplete delivery

- incompliance of the content of the delivery with the subject order,

9. The Customer is entitled to refuse to accept the parcel. In such case, it is suggested to write down the comments or notes from the event in the presence of the courier and immediately notify the Seller of the situation. In any case, in the event of damage, it is suggested that a damage report is made in the presence of the courier.

10. A customer who is not a Consumer at the time of receipt of the delivery is required to check its contents. If he/she finds it damaged, it is necessary to report this fact to the supplier and immediately contact the Seller. Complaints regarding mechanical damage of the products during transport will be considered only after drawing up he damage protocol signed by the recipient not being the Consumer and the supplier of the delivery. 

11. The seller reminds that according to art. 548. § 1 of the Civil Code, when the sold item is handed over to the Customer benefits and burdens related to the product and the risk of accidental loss or damage to the item. 

12. If the product is to be sent by the Seller to the Consumer, the risk of accidental loss or damage to the product passes to the Consumer as of the release of the product to the Customer. For the issue of the products, it is considered its entrusting to the carrier by the Seller, if the Seller had no influence on the choice of the carrier by the Customer. 

 § 6

The Consumer’s right to withdraw from the Agreement (return of the product)

  1. The Consumer may withdraw from the Contract for the distance selling without giving any reason by submitting a relevant statement in writing within 14 days, the period running from receiving the products by the Customer or a third party designated by him/her (another than the carrier), and in the case of a contract which:

- includes many things that are delivered separately, in parts – from taking possession of the last thing or part,

- consists in regular delivery of items for a specified period of time – from taking possession of the first item. To meet the deadline, it is enough to send an appropriate statement before its expiry date to the address of the Seller. The statement can also be submitted on the form, the form of which is attached as Annex 2 to the Act and Annex Nr 1 to the Regulations. 

2. In the event of the withdrawal from the Contract for the distance selling, the contract is not concluded.

3. If the Customer submitted a statement on withdrawal from the Contract of Sale before the Seller accepted his/her offer, the offer ceases to be binding. 

 

The Consumer’s Responsibilities

  1. The Consumer is obliged to return the Product to the Seller or transfer it to the person authorized by the Seller to receive it immediately, but not later than 14 days from the date on which he/she resigned from the Contract of Sale, unless the Seller suggested that he would collect the Goods himself. To meet the deadline, it is enough to return the Goods before expiry date. The product should be packed in a way that guarantees its safe transport. 
  2. The Consumer bears direct costs of returning the Goods (cost of returning). 
  3. The Consumer shall be liable for decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods. 

The Seller’s responsibilities

  1. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract of Sale, return to the Consumer all payments made by him/her, including costs of delivery of the product. 
  2. The Seller shall return the payment using the same method of payment as the Consumer used, or to the given bank account. 
  3. If the Consumer has chosen a method of delivery of the product other than the cheapest usual delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer. 
  4. If the Seller has not offered to collect the products from the Consumer himself, he may  withhold the refund of payments received from the Consumer until he receives the items back or the Consumer provides proof of its return, depending on which event occurs first. 
  5. It is suggested to attach a proof of purchase in order to improve the return process. 

Statutory exclusion of the right to withdraw from the Sales Agreement

  1. The right to withdraw from the contract is not payable in situations specified in art. 38 of the Act, i.e. with reference to the contracts:

-        for the provision of services, if the entrepreneur has fully performed the service with the express consent of the consumer who has been informed before the service begins that after the entrepreneur has fulfilled the benefit he will lose the right to withdraw from the contract.;

-        in which the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control, and which may occur before the deadline to withdraw from the contract;

-        in which the object of the service is a non-prefabricated item, manufactured according to the consumer’s specification or serving to satisfy his individual needs;

-        in which the object of the service is an item that is quickly deteriorating or has a short shelf-life;

-        in which the object of the service is an item delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

-        in which the object of the service are things that after delivery, due to their nature, are inseparably connected with other things;

-        in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the contract of sal, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the entrepreneur has no control;

-        in which the consumer explicitly demanded that the entrepreneur come to him for urgent repair or maintenance;

-        if the entrepreneur provides additional services other than those whose performance the consumer demanded, or supplies things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer with regard to additional services or items;

-        in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;

-        for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement;

-        concluded through a public auction;

-        for the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract indicates the day or period of service provision;

-        for delivery of digital content that is not recorded on a tangible medium, if the fulfillment of the service started with the consumer’s express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.

§ 7

Warranty for physical defects of the Goods ( Complaints)

  1. the Seller is obliged to deliver the Goods free of defects and is responsible for the defects of the Goods.
  2. A physical defect is the incompatibility of the sold Goods with the Sales Agreement.
  3. Complaints regarding warranty for defects (non-compliance of the Goods with the Sales Agreement) may be submitted in writing to the Seller’s address or by e-mail.
  4. If the Goods sold have a defect, the Customer may:

- demand replacement of the product with one that is free from defects, either

- demand removal of the defect; or

- submit a statement about price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience for the Customer exchanges the defective product for a product free from defects or defect. This limitation does not apply if the product has already been replaced or repaired by the Seller or Seller did not satisfy the obligation to exchange things for free from defects or to remove the defects referred to in point 1 or 2.

5. The Customer may not withdraw from the Sales Agreement if the defect is irrelevant.

6. if the Consumer determines the non-conformity of the Goods with the Sales Agreement (physical defect the Consumer should send the Seller the products complained about with the description of the non-conformity.

7. We suggest attaching a proof of purchase in order to improve the complaint process.

8. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the date of release of the Products.

9. The Seller undertakes to examine each complaint within 14 days.

 

§ 8

General Terms of Use of the Store

  1. The Service Provider provides the following Services via the Online Store:

- presentation of the Goods that may be available in the Store,

- the possibility of placing Orders for Products available in the Online Store and thus concluding Distance Selling Agreements,

- informing the customer about the current status of the Order.

2. Access to the services referred to in paragraph 1 point 1-3 above does not require registration.

3. To use the Store it is required that the Customer has a device with access to the Internet network eqiupped with an Internet browser ( Mozilla Firefox minimum version 24.0 recommended, Opera version 10, Google Chrome version 28.0 or later or MS Internet Explorer version 8.0 or above newer), which provides support for cookies and Javascript. It is permissible to use other versions of web browsers, if they ensure full compatibility with the versions mentioned above. 

4. In order to maintain the security of using the Online Store, it is recommended that the device used by the Customer in particular, should have:

- antivirus system with the latest version of virus definitions and updates,

- effective firewall (firewall),

- all available operating system and web browser updates that apply to security are installed,

- activated acceptance function of cookies and Java Script in a web browser,

- software for reading PDF files.

5. Complaints related to the functioning of the Store may be reported by the Customer in writing to the Seller’s address or via electronic mail.

6. in the complaints, the Customer should provide his/her name and surname, address for correspondence as well as the basis for the complaint claim. 

7. the Seller undertakes to consider the complaint within 14 days.

 § 9

Dispute settlement

 

Settlement of any disputes arising between the Service Provider and the Customer who is a Consumer is subject to the competent courts in accordance with the provisions of relevant provisions of the Code of Civil procedure.

Settlement of any disputes arising between the Service Provider and the Customer who is not a Consumer is submitted to the court competent for the seat of the Service Provider. 

 § 10

Personal data

The administrator of personal data provided by the Customer is:

 3i Zbigniew Inglot ul. Wybrzeże Marszałka Piłsudskiego 4, 37-700 Przemyśl.

The Customer’s consents to the processing of his/her personal data takes place during registration. 

Your data will only be processed for the purpose of:

Assumptions of the user’s account and the possibility of using the functionality of the online store in connection with the consent granted for the processing of personal data and due to the concluded contract (pursuant to Article 6 paragraph 1 letter a and b of the GDPR). Personal data will be kept for a maximum period of 6 months from the moment of deleting the user’s account or withdrawing the consent given. 

Implementation of orders placed via the online store in connection with the conclusion of the contract and its implementation (pursuant to Article 6 paragraph 1 b and c of the GDPR and provisions of the Civil Code and the act on tax on goods and services), personal data will be stored by no more than 5 years from the end of the financial year in which the contract was terminated. 

Archival (evidence) in the event of a legal need to prove facts which is a legitimate interest pursued by the Administrator (pursuant Article 6 (1) letter f) of the RODO). 

Personal data will be kept for the period necessary to achieve this goal. 

Your personal data may be transferred to data recipients performing services for 3i, entities to whom 3i entrusted personal data to processing on the basis of contracts and entities authorized to obtain personal data on the basis of legal provisions;

You have the right to request from the Administrator access to data that you concern, rectify, delete or limit processing. You have the right to object to the processing and the right to transfer data;

You have the right to withdraw the consent granted for the processing of data (without affecting the lawfulness of the processing, which was made on the basis of consent before its withdrawal).

You have the right to lodge a complaint with the supervisory authority competent for the protection of personal data. 

Providing personal data by you is voluntary, however, the lack of providing them may make it difficult or impossible to fulfill your orders. 

 § 11

Final Provisions

  1. In matters not covered by these Regulations, generally applicable laws shall apply. 
  2. Customers can access the Regulations a tany time and free of charge via an Internet referral (i.e. link) on the Store’s home page and print it out.
  3. Information about the Products given in the Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude contract within the meaning of art. 71 of the Civil Code. 
  4. Exclusive rights to the content provided as part of the Online Store, in particular copyrights to the photos, name of the Store, trademarks of the Service Provider and producers of Products, graphic elements, software and database rights included in them are subject to legal protection and are entitled to the Service Provider or entities with whom the Service Provider has concluded appropriate agreements. It is forbidden to copy or other forms of using any elements of the Store without the consent of the Service Provider.