I . GENERAL PROVISIONS
1. The Terms and Conditions have been developed by ZAMEL Sp. z o.o. on the basis of art.8(1) of the act of 18 July 2002 on the provision of services by electronic means.
2. The Terms and Conditions set out the types and scope of services provided electronically, conditions for providing services by electronic means, conditions of concluding and terminating contracts of provision of services by electronic means, as well as the procedure of complaint proceedings.
3. Any services offered by the Internet Store by electronic means are provided on the basis of and in accordance with the Terms and Conditions.
4. A user who wants to use the services provided by the Internet Store is obliged to accept the Terms and Conditions and follow their provisions. By starting using the Internet Store, including registration with the Store, as well as placing an order, means accepting the Terms and Conditions and obligation to observe them.
5. The Terms and Conditions are made available to a User free of charge in an electronic form through website www.supla.zamel.pl, which allows their downloading, recording and printing.
6. The owner (entrepreneur) of the Internet Store www.supla.zamel.pl is ZAMEL Sp. z o.o. with its seat in Pszczyna, ul. Zielona, 43-200 Pszczyna, Tax Identification Number NIP: 638-000-06-69; REGON no.: 003495338, share capital: 758,000.00 PLN, entered in the register of businesses of the National Court Register kept by the District Court in Katowice, 8th Commercial Division of the National Court Register under KRS no.: 0000384737.
7. Contact details of the Internet Store and to lodge complaints:
a. supla.zamel.pl, ZAMEL Sp. z o.o., ul. Zielona 27, 43-200 Pszczyna
b. email: firstname.lastname@example.org
c. telephone: ………………………..
8. The Internet Store does not charge any additional fees for using a means of distance communication.
9. The Internet Store does not require that a User pay a deposit or provide any additional financial guarantees.
10. The Internet Store undertakes to deliver the goods purchased by a User without any defects.
11. The Owner of the Store is not covered by any code of good practice, and its activity is based on generally applicable provisions of law.
1. User – any person, who or which uses the Store in any manner.
2. Consumer – a User, who is a natural person, who makes an order or performs an act in law, which are not directly connected with his professional or business activity.
3. Store/Internet Store – the internet service owned by ZAMEL Sp. z o.o., available at www.supla.zamel.pl, through which a User may make purchases.
4. Terms and Conditions – these terms and conditions of providing services by the Internet Store by electronic means.
III. SCOPE OF SERVICES
1. The Internet Store provide services consisting in sale of electrotechnical goods.
2. The prices offered by the Internet Store are gross prices (inclusive of VAT).
3. Each order is accompanied by a VAT invoice.
4. The photographs of goods placed on the Internet Store’s webpages may differ from the actual appearance of goods due to the individual settings of the computer equipment used by a User when placing an order (it may apply to such parameters as, for example, colours of goods, proportions of goods, etc.).
5. The goods presented on the Store website, any names or other designations, and also other information or materials are or may protected by copyrights, intellectual property rights and other relevant provisions of law.
6. The Owner of the Store reserves the right to change the contents of the goods available in the Internet Store.
IV. CONDITIONS OF PROVIDINF SERVICES BY ELECTRONIC MEANS
1. The technical requirements necessary to use the services of the Internet Store properly are as follows:
a. access to the internet
b. browser (Chrome 12.0.0 or later, Firefox 11.0 or later, Internet Explorer 7.0 or later)
c. monitor with resolution of at least 1024×768;
d. Cookies and Java Script enabled.
e. E-mail account
2. It is prohibited to provide content that is unlawful, in particular content violating or that may violate the rights or interest of third persons, content that may be misleading or untrue, or content that is likely to cause disruption or damage to IT systems, including content containing viruses.
3. In the event when the Owner has reasonable grounds to assume that the content sent by a User are of unlawful character, the Owner will be entitled to take action to prevent access to such content.
4. A User may cease to use the services of the Store at any time. The legal effect of such cessation are specified by provisions of law applicable to the circumstances of a given case.
5. If it is necessary for a User to provide specific data to complete an order, the User is obliged to provide true and non-misleading data. A User is liable for any effects of improper ordering, including providing false, defective or misleading data.
6. The Store is not liable to third persons, whose date has been placed in an order without their knowledge or consent.
7. The Store is not liable for using the services of the Store in a manner that is contrary to the Terms and Conditions.
V. CONDITIONS OF CONCLUDING CONTRACTS BY ELECTRONIC MEANS
1. Placing an order
1.1. Placing an order means getting familiarised and accepting fully the provisions of the Terms and Conditions.
1.2. Placing an order is contingent on providing true personal and shipping details. The following data are necessary to complete the order:
a. First name and surname
b. E-mail address
c. Telephone number
d. Address with postal code
1.3. Orders can be placed only through the Store website.
1.4. Orders are accepted 24 hours a day.
1.5. Orders placed on workdays after 13:00, on Saturdays, Sundays and public holidays will be processed and confirmed on the following workday.
1.6. Placing an order does not require registration with the Internet Store.
1.7. After placing an order the Buyer, the Internet Shop will immediately confirm the receipt of the order.
1.8. To confirm the receipt and processing of an order it is necessary to provide a telephone number and e-mail address.
1.9. Orders that cannot be confirmed within 5 workdays will not be processed.
1.10. Any order accepted for processing will be confirmed by telephone or e-mail.
1.11. After confirming an order, it can be cancelled only by contacting the Store e-mail or telephone, with a stipulation that Users that are Consumers may withdraw from a contract under the conditions specified in chapter VI “CONDITIONS OF WITHDRAWING FROM CONTRACTS BY CONSUMERS’ of the Terms and Conditions.
1.12. Orders about which there are any doubts will be reviewed by the Store personnel. Such orders may be cancelled, of which the User will be informed.
2. Payment for goods:
2.1. Payments in the Internet Store may be made as follows:
a. bank transfer – a Customer pays the total value of an order to the following bank account:
Goods will be dispatched after the amount has been received on the account.
b. PayU – a system of prompt online payments immediately after placing an order (128-bit secure SSL connection). The terms and conditions of the service available on http://www.payu.pl/
c. PayPal – a system of prompt online payments immediately after placing an order (128-bit secure SSL connection). The terms and conditions of the service available on http://www.paypal.pl/
d. Credit card – payment made through PayU or PayPal
2.2. Failure to make payment within 7 days from the date of confirming the order means resignation from entering into sale contract, and consequently cancellation of an order and release of the reservation of goods. Failure to make payment in the situation described above does not cause any financial consequences for a User.
2.3. The date of payment is a day when a bank transfer is credited to the bank account of the Store or the payment is confirmed by a system of prompt payments (PayU, PayPal).
3. Order completion
3.1. An order completion time runs from the day when payment is credited to the bank account of the Store or the payment is confirmed by a system of prompt payments (PayU, PayPal).
3.2. An order completion time is determined individually, based on the availability of goods.
3.3. A standard waiting period for order completion is 3 working days.
Orders with different completion time for individual goods are dispatched after the entire order has been completed – after the expiry of the longest of the given completion times. The maximum order completion time is 30 days from crediting the payment for goods.
3.4. If all or part of ordered goods are not available, the User will be notified about predicted order completion time and will be entitled to decide on the manner of its further processing, i.e.:
a. expressing the consent to extension of time of waiting for order completion, or
b. cancelling the order partially, or
c. cancelling the entire order,
where exercising any of the above rights does not create any negative financial effects for the User, and possible overpayment will be immediately paid back to the User’s bank account, from which the payment has been made, unless the User clearly indicates other correct bank account.
4. Delivery of orders
4.1. On placing an order a User defines the method of delivery
4.2. Fees are given on placing an order and depend on the method of transport and payment chosen. The table of delivery costs is available on page: “Delivery”
4.3. Delivery by courier is carried out according to the terms and conditions of a given courier company.
4.4. In the event of a delay in delivery for reasons beyond the Store’s control, the User will be informed by telephone. However, the Store reserves the right to one day delay in delivery, which follows from the terms and conditions of the forwarding company.
4.5. If the User is absent at a given delivery address, a courier leaves an advice note with information that the consignment cannot be delivered and a telephone number, at which the User may agree on conditions of repeated delivery.
4.6. Due to the fact that in case of Users who are Consumers the risk of accidental loss or damage of the product passes to the Consumer on personal collection of the product by him, the Consumer should check the consignment for its compliance with the order in the presence of the courier. If any irregularities have been found, the Consumer should make a complaint/damage report in the presence of the courier, and report such fact to the Store at the e-mail address given in chapter I of the Terms and Conditions.
VI. CONDITIONS OF WITHDRAWING FROM CONTRACTS BY CONSUMERS
1. Each User who is a Consumer may withdraw from a contract concluded with the Store through www.supla.zamel.pl (a distance contract) within 14 days without giving any reason.
2. The deadline for withdrawing from the contract expires after 14 days from the day on which the Consumer acquired the possession of the goods or on which a third person other than the carrier and indicated by the Consumer acquired possession of the goods.
3. To exercise the right of withdrawal, the Consumer must inform the Internet Store of his decision on withdrawal from the contract concluded with the Store by submitting (by post, fax or e-mail) a clearly worded statement. Such statement should be sent at the following address:
supla.zamel.pl, ZAMEL Sp. z o.o. ul. Zielona 27, 43-200 Pszczyna,
4. The consumer may use the model withdrawal form, however, it is not obligatory.
5. The Consumer may also fill in and sent by e-mail the withdrawal form available at the Store website or any other clearly worded statement. If a User uses such solution, he/she will immediately receive the confirmation from the Store by e-mail of receiving the information on withdrawal.
6. To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the Consumer’s right of withdrawal before the withdrawal period has expired.
7. In the event of withdrawal from the contract, the Store reimburses to the Consumer all payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from the Consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Store), without undue delay and in any event not later than 14 days from the day on which the Store is informed about the Consumer’s decision to withdraw from the contract.
8. The Store carries out the reimbursement using the same means of payment as the Consumer used for the initial transaction, unless the Consumer has expressly agreed otherwise. In any event the Consumer does not incur any fees as a result of such reimbursement.
9. The Store may withhold the reimbursement until it has received the goods back, or until the Consumer has supplied evidence of having sent back the goods, whichever is the earliest.
10. In the event when the Consumer received the good in connection with the contract, he/she sends back the good or hand it over to the Store at the following address: supla.zamel.pl, ZAMEL Sp. z o.o., ul. Zielona 27, 43-200 Pszczyna, without undue delay and in any event not later than 14 days from the day on which the Consumer has communicated his decision to withdraw from the contract. The deadline shall be met if the Consumer sends back the good before the period of 14 days has expired.
11. The Consumer bears the direct cost of returning the good. If the good due to its features cannot be sent back in a standard way by post, the Consumer is obliged to bear the direct cost of returning the good. The cost is estimated at maximum 15 PLN.
12. The Consumer is only liable for any diminished value of the good resulting from the handling of the good other than what is necessary to establish the nature, characteristics and functioning of the good.
13. The right of withdrawal in respect of distance contracts is not granted as regards the following contracts:
a. of performance of services after the service has been fully performed if the performance has begun with the Consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
b. in which the price is dependent on fluctuations in the financial market which cannot be controlled by the Store and which may occur within the withdrawal period;
c. of supply of goods made to the consumer’s specifications or clearly personalised;
d. of supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
e. where the Consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If the trader provides services in addition to those specifically requested by the Consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods.
1. The Store is liable towards a User if the good sold has a physical or legal defect (warranty), on the provisions and principles specified in the Polish Civil Code (act of 23 April 1964 (Journal of Laws of 1964 no. 16 item 93 as amended).
2. The Store declares that the goods sold in the Internet Store are new and covered by the manufacturer’s guarantee (hereinafter referred to as the “Guarantor”).
3. The period of guarantee depends of the type of equipment. The period of guarantee is specified on the Store website, and if there is no such information the good is not covered by the manufacturer’s guarantee.
4. The Store hands over to a User the guarantee statement on paper, received from the Guarantor, with the good sold.
5. The guarantee statement lays down the obligations of the Guarantor and right of a User where the good sold has no characteristics described in such statement.
6. The guarantee statement contains basic information necessary to exercise the rights arising out of the guarantee, in particular, the name and address of the Guarantor or its representative in Poland, the duration and territorial coverage of the guarantee cover, the rights when a defect has been found, and a statement that the guarantee does not preclude nor limit nor suspended and User’s rights arising out of the provisions on warranty for defects in sold goods.
7. A list of the Guarantor’s authorised services can be found in the guarantee document or on the Guarantor’s website.
8. If after the ownership of the good has passed to a User, he determines that the good has physical defects, the User may at his own discretion:
a. make use of guarantee benefits directly in the services indicated by the Guarantor or carry out a complaint procedure under the Guarantee through the Store (this applies only to goods covered by guarantee),
b. submit a complaint to the Store under warranty for defects according to the Polish Civil Code.
9. In case of mechanic damage which occurred in transport or in case of complaints directed to the Store, the User may submit a complaint in writing or sent it by e-mail to: email@example.com
10. In the event of choosing a complaint under warranty for defects, the User should, in particular, specify what, in his opinion, the defect consists in, when it has been determined, what he demands from the Store and give his contact details.
11. Together with the claimed good send the set of accessories attached to the good to the Store and in the event of using guarantee benefits through the Store a guarantee document duly completed.
12. The goods claimed under guarantee through the Store, or under warranty, are transported at the request and cost of the Store by the Store’s representative or through a courier company selected by the Store.
13. The Store informs the User of the method of considering his complaint. In the event of rejection of the complaint by the Store, it will substantiate its decision.
14. It is recommended that on receiving the consignment with the good such receipt be confirmed by the User in the presence of the courier with an annotation that the consignment has been delivered undamaged or it has signs of damage with a description of such damage.
15. If the User disagrees with the Store’s decision to reject the complaint, he can refer the case to a common court. The court with jurisdiction over the seat of ZAMEL Sp. z o.o. is competent to hear the cases in question in case of Users who or which are not Consumers.
16. If a User is a Consumer and wants to resolve a dispute with the Store without referring the case to a common court, he may use alternative methods of resolving disputes, i.e. ask the Permanent Consumer Arbitration Court (hereinafter referred to as the “arbitration court”) operating at the competent Regional Inspectorate of Trade Inspection for mediation or settlement of the dispute submitting an appropriate application (i.e. application for the institution and carrying out of mediation or an application for considering the case by an arbitration court). The form of application, referred to above, are available in the secretary’s office of each arbitration court and on webpages of the Regional Inspectorates of Trade Inspection. Using alternative method of resolving disputes is possible only if both parties agree to resolve the dispute in such proceedings. Resolving disputes by way of mediation is voluntary and is not subject to administration or judicial enforcement, and cannot be appealed against. Using mediation does not exclude the possibility to bring an action before a common court or refer the case to an arbitration court. An award of an arbitration court or a settlement concluded before it have the same legal validity as a judgement of a common court or a settlement concluded before a common court after they have been recognised by a common court or after they have been declared enforceable by a common court. The Consumer may also refer the case to be heard by a municipal or district consumer ombudsman or may seek advice from the territorially responsible Consumers’ Association.
17. In case of problems with a purchase made online, the Consumer may seek out-of-court resolution of the dispute through the ODR system (Online Dispute Resolution) available at https://webgate.ec.europa.eu/odr/.
VIII. PERSONAL DATA
1. The Store is the administrator of the personal data collected from the Users of the Store.
2. The Store advises that the personal data of Users will be processed to complete orders, therefore, the data may be passed to courier companies and other intermediaries responsible for delivery of the goods purchased to the User, and also to payment system operators (if such method of payment has been chosen by the User).
3. Upon the User’s express and specific consent his personal data can be also processed for other purposes, in particular to provide information materials and marketing offers in the form of a newsletter.
4. Users have the right to access his personal data processed by the Store and to change it. To exercise this right, please use the address: firstname.lastname@example.org
5. Providing personal data is voluntary, however, if data required by the Shop is not provided it is not possible to complete an order and use other services offered by the Store.
6. Users may use the Store anonymously, unless the characteristic of a given service requires providing personal data.
7. In case of obtaining information about using the Store’s online services by a User in contravention of the Terms and Regulation or valid regulations (unauthorised use), the Owner of the Store may process the User’s personal data to the extent necessary to determine the User’s liability, provided that the fact of obtaining and the content of these messages are recorded for evidentiary purposes. The Store informs the User about any unauthorised activities while demanding their immediate cessation and about the processing of his personal data for the above purposes.
IX. FINAL PROVISIONS
1. The Owner of the Store reserves the right to change the contents of the Terms and Conditions at any time. The changes enter into force upon making the amended Terms and Conditions available on the Store website.
2. In matters not covered by the Terms and Conditions provisions of Polish law apply, in particular, the provisions of the act of 23 April 1964 “The Civil Code” (Journal of Laws of 1964 no. 16 item 93 as amended), the act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2002 no. 144 item 1204 as amended), the act of 29 August 1997 on the protection of personal data (Journal of Laws of 2002 no. 101 item 926 as amended), the act of 30 May 2014 on consumer rights (Journal of Laws of 2014.827 of 24 June 2014).
3. The Terms and Conditions were adopted on 16 January 2017.