1. General Provisions.
1.1. Online store operating at https://www.megasilver.pl/ (hereinafter referred to as Shop) is the property of Excelesa Enterprise sp. z o.o. (hereinafter referred to as the Seller), doing business under the name "Excelesa Enterprise sp. z o.o.", company address: Jastrzębia 4/58, 59-300 Lubin NIP 7010390101 entered into the Central Register and Information on Economic Activity, led by the minister responsible for economic affairs (www.firma.gov.pl), tel: [pHONE NUMBER]
1.2. These Regulations set of rules for the Store, and in particular the rights and obligations of the Vendor and Customer rules for procurement and conclusion and termination of contracts of sale relating to the products offered by the Seller, as well as rules for the implementation of these agreements and the principles of the complaint procedure and the protection of personal data. These Regulations also defines rules for the provision of electronic services, which are provided only to the extent that allow customers to make purchases through the Shop.
1.3. Customers can at any time get free access to these Terms and Conditions on the website https://www.megasilver.pl/, including download and archive the content of the Regulations or to draw up its output. Regulations are furthermore available to customers during the ordering procedure.
1.4. These Regulations is aimed at both consumers and entrepreneurs using the Store, with the exception of points 7 and 8 of the Regulations, which are directed exclusively to customers who are consumers, and except for those provisions of the Regulations, which expressly refers to consumers.
1.5. Customers can communicate with the Seller via e-mail and by telephone and in writing (contact details as in section 1.1 of the Rules), and the contract customers consist of using the order form in accordance with the procedure laid down in Section 3 hereof.
1.6. Any advertisements, price lists and other information posted on websites https://www.megasilver.pl/ relating to the products listed there, do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude an agreement within the meaning of art. 71 of the Civil Code.
2. Services provided electronically.
2.1. Seller provides electronic services of allowing customers to create a login on the website store and availability of customers order form on the website store.
2.2. The service user account is to enable customers to use resources Store after logging in. Establish a user account requires filling in and sending the registration form including: name, address, mailing address (if different than the primary address) and e-mail address. The service user account is provided free of charge for an indefinite period. The customer may at any time, for any reason and at no cost to remove your user account by sending a request to delete your account Sellers in writing, or via e-mail (contact details as specified in Section 1.1. Of the Rules).
2.3. The service order form is to enable customers to place orders (statements of intent) on the goods offered by the Seller through the website store, in accordance with the procedure laid down in section 3 of the Rules. The service is provided free of charge and a one-off. The service is terminated immediately after placing the order.
2.5. Seller indicates that the primary risks associated with the use of services provided electronically via the Internet are in particular third party intervention (ie. The hacker), computer viruses, Trojan horses or spam (unsolicited e-mail messages sent to multiple recipients). In the interests of each user of services provided through the Internet it is to install legitimate and current software protects the user's device before the above. threats.
2.6. Customers Store are obliged to abstain from any activity inconsistent with the law, including in particular the supply of illegal content and from interfering in the content store or technical elements.
2.7. Complaints concerning. Electronically supplied services can be submitted in writing, or by e-mail (contact details indicated in section 1.1. Of the Rules). Complaints will be considered by the Seller within 14 days.
3. Procedure for conclusion of the purchase contract.
3.1. Shop accepts customer orders through the website https://www.megasilver.pl/. Orders can be placed 24 hours a day, 7 days a week. The submission by the Customer orders Store is an offer to conclude a contract of sale of the products covered by the contract within the meaning of art. 66 § 1 of the Civil Code.
3.2. By placing an order should be understood select the type and number of products in the https://www.megasilver.pl/, clicking "add to cart", fill out the order form, the choice of method of payment and delivery, and then approve and send the order by clicking "Order and pay." Orders placed through the store entail an obligation to pay.
3.3. An essential element of the procurement procedure is to acquaint the Client with these Rules and acceptance, which confirms the customer by checking the appropriate box before finalizing the order. Lack of acceptance of these Terms and Conditions during the ordering procedure prevents the use of the possibility of acquisition of goods through the shop and needs to be agreed conditions of the transaction in a different form.
3.4. After the Customer properly completed order form Shop immediately confirm receipt of the order by sending the customer an appropriate e-mail provided by the customer e-mail address. Upon receipt of the above e-mail address is entered into sale and purchase agreement between Customer and Reseller. This kind of electronic message is also the confirmation of the contract at a distance. Annex to the e-mail is a PDF document containing all the data contract and withdrawal form.
3.5. The agreements concluded through the Store are concluded in Polish or other selected.
4. Prices and payment.
4.1. Prices of products displayed on the website of the shop are gross (ie. All contain ingredients such as customs duties and taxes, including VAT) and are expressed in Polish zloty (PLN).
4.2. On pages Store commodity prices do not include delivery costs. The costs of delivery of the product (including fees for transportation, delivery and postal services) are indicated by the customer when placing the order, including at the time of the expression by the Client will be bound by the sales contract. The cost of delivery depends on the selected when submitting the order method of delivery. The total cost of the contract, including the price of the product and the cost of delivery, is visible at the summary carried out the order.
4.3. The price is binding and the final price at the time of placing the order by the customer.
4.4. Payment for the ordered goods can be in the forms of payment that can be selected in the order form.
4.5. For all goods ordered in the store are issued fiscal receipts, bills or invoices.
5.1. Delivery of the product to the customer is paid for, unless the contract of sale provides otherwise (see. Section 4.2. Of the Rules) or customer alone will arrange transportation or make personal collection.
5.2. The ordered products are delivered through courier or the Polish Post Office, at the option of the customer made when ordering. The ordered goods are delivered - depending on the choice of the customer - directly to the Customer's address indicated in the order form.
5.3. Delivery of goods ordered through the Store are implemented in the Polish Republic. If you wish to purchase goods from the place of supply outside the Republic of Polish, please contact the Store before placing an order to determine the feasibility of delivery and costs. In this case, the delivery costs will be determined individually and communicated to the customer before ordering.
5.4. The delivery time is 2 to 14 working days from the date of the order by the customer, unless the product description or during the order given another term.
5.5. Upon receipt customer should, if possible, to check the presence of the supplier delivery status. In case of any damage to the shipment during transport is indicated, as far as possible, the refusal to receive the goods by the customer or a write-off in the presence of the supplier protocol setting out the status of the consignment and the circumstances of the damage, which greatly facilitate any complaint procedure.
6. Procedure for dealing with complaints.
6.1. The shop is required to provide customers sold items without physical and legal defects (warranty). In the case of defective goods purchased Customers have the rights provided for in the Act of 23 April 1964. Civil Code (Journal of Laws of 2014. Pos. 121, as amended. D.), In particular in the part relating to the warranty (art. 556 et seq.).
6.2. Complaints made up the address of the store referred to in paragraph 1.1 of the Rules. The complaint should contain the contact details of the customer, the nature of the defect and the date of their statement, the Client's request, and if in doubt also some kind of confirmation of your purchase the advertised goods in the store. The above content of the complaint takes the form of recommendations, and complaints of other content will also be considered by the Seller.
6.3. If the complaint proves necessary to refer to the Seller to the sold thing, the client, who shall exercise the powers under warranty, will be required at the Seller's cost to deliver the benefit to the place designated in the contract of sale, and if such a place is not specified in the contract - the place where the thing was delivered to the Client. If because of the nature of things or the way it is fitted to provide things for the customer would be extremely difficult, the Client is obliged to make available to the Seller at the place where the property is situated.
6.4. Shop will address customer complaints within 14 days.
6.5. Shop does not provide a separate warranty for products sold (some products may be covered by the manufacturer's warranty) as well as does not provide after-sales services.
7. The right to withdraw from the contract.
7.1. According to the art. 27 of the Act of 30 May 2014. Consumer Rights (Journal of Laws of 2014. Pos. 827) Client being a consumer who has entered into an agreement through the shop at a distance, may within 14 days to withdraw from it without giving any reason and no cost, with the exception of the costs referred to in paragraphs 7.4, 7.5 and 7.8 of the Rules. Instruction on the right of withdrawal indicating, in particular, information on how and when to exercise the right of withdrawal and the cost of returning things in case of withdrawal from the contract, which shall be borne by Customer, is attached as Appendix 1 hereto.
7.2. The customer can use the model statement of withdrawal from the contract annexed to the Act of 30 May 2014. Consumer Rights (Journal of Laws of 2014. Pos. 827), as well as the return form sent to the e-mail client the performance of the contract, but it is not mandatory.
7.3. In the event of cancellation of this contract shall be deemed void. If the customer who is a consumer made a statement before the seller accepted his offer, the offer ceases to be binding.
7.4. If the client has chosen a method for providing the cheapest things other than the normal delivery offered by the Seller, the Seller is not obliged to refund such to the Client incurred by him additional costs.
7.5. The customer bears the direct cost of returning items. If the goods due to their nature (eg. Bulky goods) can not normally be returned by post, the cost of returning the goods will depend on the price list of the carrier providing the transport service.
7.6. You are responsible for a reduction in the value of things as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
7.7. The right of withdrawal from a distance contract is not entitled to the customer in relation to the contracts referred to in Article. 38 of the Act of 30 May 2014. Consumer Rights (Journal of Laws of 2014. Pos. 827), and in particular:
a) the object of which is to provide for the non-prefabricated, manufactured according to the specifications of the consumer or his maid meet individual needs;
b) the object of which is to provide for the rapid decay dispersible or having a short shelf life;
c) in which the subject of the provision is the thing delivered in a sealed container, which after opening the package can not return due to health protection or hygiene reasons, if it were unsealed after delivery;
d) the object of which benefits are things that after delivery, due to their nature, are inextricably linked to other things.
7.8. If the client has requested the commencement of the services (if such services offer vendors even provide) before the deadline to withdraw from the contract, pay the Seller an amount proportional to what has been provided to the moment when the customer has informed the Seller to withdraw from this agreement.
7.9. The customer should protect the returned goods in such a way as to minimize the risk of damage in transit.
8. Out-of-ways for dealing with complaints and redress.
8.1. If the trader did not consider the complaint the customer who is a consumer, and this does not agree with his decision, you may take advantage of the available non-judicial means of dealing with complaints and redress.
8.2. In particular, the customer can ask the competent provincial inspector of Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller in accordance with Article. 36 of the Act of 15 December 2000. Trade Inspection (OJ 2001 No. 4 pos. 25, as amended.). Mediation is voluntary (both parties must agree on it), and potential settlement sites also must be the result of agreement between the two parties. For effective request for mediation does not guarantee its conduct, much less a result.
8.3. The customer also has the option to request settlement of the dispute arising from the contract of sale by standing arbitration consumer court at the provincial inspectorate of Trade Inspection, as referred to in Article. 37 of the Act of 15 December 2000. Trade Inspection (OJ 2001 No. 4 pos. 25, as amended.). Rules of organization and operation of permanent consumer courts of arbitration determines the Regulation of the Minister of Justice dated 25 September 2001. On the rules of organization and operation of permanent consumer courts of arbitration (Journal of Laws 2001, No. 113, item. 1214).
8.4. Detailed information about non-judicial ways of dealing with complaints and redress are also available at the premises and on the websites of district (municipal) consumer ombudsmen, social organizations to which statutory tasks include consumer protection and the Provincial Inspectorates of the Trade Inspection.
9. Protection of personal data.
9.1. Seller processes personal data of its customers in accordance with the provisions of the Act of 29 August 1997. Protection of Personal Data (unified text: Dz. U. 2002. No. 101, pos. 926) and the provisions of the Act of 18 July 2002. on electronic services (Dz. U. of 2013. item. 1422, as amended . d.).
9.2. Providing personal data by you is voluntary. Clients have the right to request to supplement, update, or correct personal data, temporary or permanent suspension of their processing or removal.
9.3. The administrator of personal data provided by customers is the seller referred to in section 1.1. Regulations.
10.1. Seller accepts any consumer rights provided for in the common law, especially the law of 30 May 2014. Consumer Rights (Journal of Laws of 2014. Pos. 827). Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under the law. Any possible doubt be explained for the benefit of consumers using the Store. The provisions of the Regulations less favorable to the consumer than the above-mentioned provisions. Act are invalid, and in their place, the provisions of this Act.
10.2. Amendments to the Regulations may be important reasons, in particular in the event of changes in the law. In the case of the conclusion on the basis of these Terms of contracts for continuing the changed Terms involves the customer, if they were preserved the requirements of Article. 384 and 3841 of the Civil Code, it is the customer has been properly informed about the changes and do not terminate the agreement within 14 days of notification. In the case of the conclusion on the basis of these Terms of contracts of a different nature than the contract continuous amendments to the Rules shall in no way prejudice the rights of customers acquired before the entry into force of the amendments.
10.3. Annexes to the Agreement are: 1. Instruction on the right of withdrawal, 2. Model declaration of withdrawal from the contract. These annexes are an integral part of the Regulations.
10.4. Regulations in force from 25 December 2014. For contracts concluded before the entry into force of the Act of 30 May 2014. Consumer Rights (Journal of Laws of 2014. Pos. 827) and these Regulations shall apply so far.
NOTICE ON THE RIGHT OF WITHDRAWAL
(Art. 27 of the Act of 30 May 2014. Consumer rights)
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The deadline to withdraw from the contract will expire after 14 days from the date on which you acquire possession of things or a third party other than the carrier and indicated by you came into the possession of things.
To exercise the right of withdrawal, you must inform us (store address: Jastrzębia 4/58, 59-300 Lubin tel. [PHONE NUMBER] of its decision to withdraw from this contract by an unequivocal statement (eg a letter sent by mail or e-mail).
You can use the model withdrawal form, but it is not mandatory.
To keep the deadline for withdrawal, it is enough to send you information on exercising the right of withdrawal from the contract before the deadline for withdrawal.
Effects of withdrawal:
If you withdraw from this contract we shall reimburse to you all payments received from you, including the costs of delivery of goods (with the exception of the additional costs resulting from the choice of a type of delivery other than the least expensive normal delivery offered by us), immediately and in any event no later than 14 days from the day on which we are informed about your decision to exercise the right to withdraw from this contract.
Reimbursement of payments will be done using the same payment method that you used for the initial transaction, unless expressly agreed otherwise; in any case you will not incur any fees in connection with the return. We may withhold reimbursement until receipt of things, or to have supplied evidence of her return, depending on which event occurs first.
Please send or give us the benefit immediately, and in any event no later than 14 days from the day on which you communicate to withdraw from this agreement. The deadline is met if you send back the item before the deadline of 14 days.
You will have to bear the direct cost of returning the goods.
You are only a decrease in the value of things resulting from the use of it in a different way than was necessary to establish the nature, characteristics and functioning of things.
MODEL FORM OF WITHDRAWAL
(This form should be completed and returned just in case you wish to withdraw from the contract)
Excelesa Enterprise sp. z o.o.
Jastrzębia 4/58, 59-300 Lubin
tel: [PHONE NUMBER]
- I / We (*) hereby give notice / announce (*) on my / our withdrawal from the contract of sale of the following things (*) contract for the supply of the following items (*) contract for work consisting in performing the following things (*) / provision of the following services (*)
- Date of the agreement (*) / received (*):
- Name of consumer (s):
- Address of consumer (s):
- Signature of consumer (s): .......................................... ..
(Only if the form is sent on paper)
- Date: ............................
(*) Delete as appropriate.