REGULATIONS FOR THE ONLINE STORE www.antalex.pl
Regulations of the online store available at the Internet address: www.antalex.pl administered by Antałex Sp. z o.o., hereinafter referred to as the Seller, conducting business under the business name Antałex Sp. z o.o. with its registered office in Mokre 77, 88-306 Dabrowa, Poland, registered in the Central Registration and Information on Business Activity under N ° VAT: PL5571702850, KRS: 0000781084
Electronic mail: export@antalex.pl, regulates the rules in the scope of electronic services provided by the Seller and sales contracts concluded via the Online Store, including their types, rights and obligations of the Clients, as well as the Seller, the withdrawal procedure and the complaint procedure.
Table of Contents:
§ 1 Definitions
§ 2 General provisions
§ 3 Services provided electronically (types, conditions, withdrawal)
§ 4 Sales contract
§ 5 Order processing and delivery
§ 6 Payment methods
§ 7 The right of withdrawal
§ 8 Warranty and complaints of goods
§ 9 Complaints of Electronic Services
§ 10 Out-of-court dispute resolution methods
§ 11 Final provisions
§ 1
definitions
1. Online store – an online store available at www.antalex.pl.
2. Seller – Antałex Sp. z o.o. , Mokre 77, 88-306 Dabrowa, Poland, registered registered in the Central Registration and Information on Economic Activity under N ° VAT number: PL5571702850 , KRS: 0000781084
3. Client – a natural person, a legal person or an organizational unit without legal personality, whose legal right grants legal capacity, concluding an agreement with the Seller.
4. Consumer – a natural person, in accordance with art. 221 of the Act of 23 April 1964 – the Civil Code, which performs with the Seller a legal action not related directly to its business or professional activity.
5. Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, the law of which grants legal capacity, conducting business or professional activity on its own behalf.
6. Service – electronic services provided by the Seller (Service Provider) to the Customer (Customer) through the Online Store.
7. Contract concluded at a distance – means a contract concluded between the Seller of the Online Store and a Consumer as part of an organized procedure for the conclusion of distance contracts, without the need for both parties to participate in one place and time, using one or more means necessary to communicate at a distance up to the moment of concluding the contract, inclusive.
8. Sales contract – an agreement concluded at a distance between the Customer and the Seller via the Online Store, the subject of which is the purchase of the Goods.
9. Goods – a product, a movable item which the Customer purchases via the Online Store from the Seller.
10. Customer Account – a set of data in the Seller’s teleinformation system, which collects information about the Customer, including contact details and order history.
11. Registration form – an electronic service, a form available in the Online Store that allows you to create a Customer Account.
12. Order form – an electronic service, a form available in the Online Store that allows you to purchase the Goods selected by the Customer.
13. Order – Customer’s declaration of will made through the Online Store, expressing in a clear manner the will to conclude a Sales Agreement, specifying in particular its terms, the type and quantity of the Goods, method and cost of delivery, form of payment and customer data necessary to perform the contract.
14. Newsletter – a service that allows you to subscribe to and receive free electronic information about the Merchant’s Products and promotions.
15. Working day – one day from Monday to Friday, excluding public holidays.
§ 2
General provisions
1. The Seller undertakes to provide services to the Customer, observing the applicable provisions of law and the conditions provided for in these Regulations, respecting the principles of social coexistence.
2. The Seller declares that it adheres to all principles of personal data protection provided for by the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2015, item 2135, as amended).
3. The Customer agrees to the collection, storage and processing by the Seller of personal data for the purpose directly related to the implementation of the Service or Product ordered in the Online Store. The detailed conditions for the collection, processing and protection of personal data by the Seller are set out in the “Online Privacy Policy” of the Online Store.
4. The Customer undertakes to use the Online Store and services offered by the Seller through it, observing the applicable provisions of law and the conditions provided for in these Regulations, respecting the principles of social coexistence.
5. The Seller declares that the Goods available in the Online Store are:
• safe,
• free from physical and legal defects,
• consistent with the properties indicated in the Online Store,
• introduced into the European market in a legal manner.
6. The Seller declares that the Goods available in the Online Store can be manufactured to individual order.
7. Manufacturer’s warranty, in which the producer assumes responsibility for the properties of things that he has provided for existence (eg as to functionality, durability, quality of things), does not exclude or limit in any way the Customer’s use of his rights resulting from the warranty for physical and legal defects of the Goods (§ 8), which he purchased from the Seller.
8. The Seller executes orders on the territory of European Union.
9. All information contained in the Seller’s Online Store, referring to products (including prices), does not constitute an offer within the meaning of art. 66 of the Civil Code, but an invitation to enter into a contract specified in Article 71 of the Civil Code.
10. All prices listed on the Online Store website are given in euro (EUR) and are gross prices (including 23% VAT, duties and other components).
§ 3
Services provided electronically
(types, conditions, withdrawal)
1. Through the functionality available in the Online Store, the Seller provides services electronically.
2. The use of all services available in the Online Store (conclusion of a contract for the provision of electronic services) is voluntary and free.
3. Contracts for the provision of electronic services are implemented in the scope of:
a) completing the order form by customers of the Online Store, the contract is concluded for a definite period at the moment the Customer joins the form and is terminated upon resignation from completing the form or upon sending the filled out form of the Seller. The process of filling in the order form is organized so that each Consumer has the opportunity to become acquainted with it before making a decision about entering into a contract or changing a contract;
b) completing the contact form by the Online Store User, the contract is concluded for a definite period at the moment the Customer joins the form and is terminated upon withdrawal from completing the form or upon sending the filled out form to the Seller;
c) registration and keeping of the Customer Account, the contract is concluded for an indefinite period, at the time of the Customer’s registration using the functionality available on the Online Store website;
d) sending a commercial offer to the Customer in the form of a Newsletter, the contract is concluded for an indefinite period, at the time of subscribing to the Newsletter service, using the functionality available on the Online Store website.
4. Technical requirements necessary to use the services provided by the Seller:
• a device with access to the Internet,
• an Internet browser that supports cookies,
• access to electronic mail.
5. The customer bears the charges related to access to the Internet and data transmission according to the tariff of his ISP.
6. The right to withdraw from the contract for the provision of electronic services is entitled to:
1. Customer who is a Consumer according to the rules provided for in these Regulations (§ 7),
2. to the Customer to whom the Seller provides the services referred to in point 3 lit. c and d, of a continuous and indefinite nature, without giving reasons, with immediate effect.
7. The purpose of the exercise of the right referred to in point 6 letter b, the Customer sends to the e-mail address: export@antalex.pl, a clear declaration on the termination of the contract for the provision of electronic services.
8. The Customer, in the event of non-performance or improper performance of the service provided electronically by the Seller, is entitled to file a complaint under the terms of these Regulations (§ 9).
§ 4
Sales agreement
1. To conclude a valid and binding sale agreement, the Customer using the features available on the Online Store website:
a) selects the Goods, specifying its quantity and features (“Add to basket” functionality),
b) completes the order form, indicating the data necessary to perform the contract, i.e. name, surname, e-mail address, delivery address, name and registered office, tax identification number (VAT), as well as the method of delivery and payment method.
2. The Seller allows the Customer, via the Registration Form, to set up a Customer Account. The registration by the Customer is one-time, voluntary and free. The data provided during the registration of the account will be used for the next orders.
3. The seller accepts orders via:
a) Order Form available in the Online Store, 24 hours a day, 7 days a week,
c) electronic mail, at the following e-mail address: export@antalex.pl
4. Immediately after receiving the order, the Seller shall send the Customer electronically to the e-mail address provided at the time of ordering to accept the order, which is also its confirmation. Upon receipt of the message by the Customer, a sales contract is concluded.
5. The message summarizing and confirming the order contains all previously agreed terms of the sale agreement, in particular the quantity and type of the ordered Goods, the total price to be paid together with the delivery costs and the amount of discounts granted (if applicable).
6. Customer having a Customer Account, after logging in has the ability to check the status of the Order.
§ 5
Order processing and delivery
1. The order is carried out by the Seller in the order of receipt, taking into account § 6 point 3 of these Regulations.
2. The execution time, which includes in particular the preparation of the order, ie: completing, packing and possible production of the Goods and issuing the shipment of the supplier is from 1 to 14 business days (usually 3-6 days).
3. For the duration of the contract, the choice of the supplier made by the customer during the order is directly affected.
4. An order received personally by the Customer at the address of the Seller is carried out immediately after its confirmation. The exact time of issue of the Goods will be determined individually with the Customer and confirmed by the Seller via a message sent to the Customer’s e-mail address.
5. In the event of exceptional circumstances or the inability to perform the order in the one indicated in paragraph 2 time, the Seller immediately contacts the Customer in order to determine the further procedure, including setting a different deadline for the order, changing the method of delivery.
6. Delivery of the Goods takes place via courier company. Orders are issued to the supplier by the Seller on business days.
7. The delivered supplier The product is packaged in a proper way, ensuring protection against damage during transport.
8. Detailed information on the possible forms of delivery and related costs, the Seller has made available on the Online Store website.
9. When filling in the order form and in the confirmation message of the order referred to in § 4 para. 5, the Customer is informed about the costs of the delivery method chosen by them.
10. The Customer is entitled to cancel or change the order, but not later than until the Seller sends a message confirming the acceptance of the order referred to in § 4 para. 5, by contacting the Seller by phone or email.
11. After receiving the parcel, the customer or a third party authorized by him, should as far as possible carefully check the condition of the packaging, whether it bears signs of damage, unauthorized interference and whether its contents are intact. If any damage or other irregularities are found, the Client should, in the presence of the courier, make a report of the damage as far as possible and notify the Seller about it. If the product looks damaged, it is asked that the customer should not accept the parcel if possible. This provision does not exclude or limit the rights of the Customer to submit complaints on the terms provided for in these Regulations. The above-described procedure is only aimed at assisting the Seller in determining the causes and liability for the damage caused. Failure to prepare the protocol by the client at the courier does not limit the possibility of reporting damage to the parcel.
§ 6
Payment methods
1. The seller allows the following payment methods:
a) a traditional transfer to the Seller’s bank account maintained by PKO SA to the account number: Swift(BIC) : BPKOPLPW
Iban: PL11102015050000010202065803
b) payment in cash on personal pick up of the Goods,
c) online payment via PayPal
2. The Customer is obliged to make payment within 7 calendar days from the date of receipt of the message confirming the order’s acceptance by the Seller, specifying the total cost of the order together with delivery (conclusion of the contract).
3. If the payments referred to in point 1 (a) are selected, A and d the order is processed after the payment is credited to the Seller’s account.
4. The Seller documents the sale of the Goods with a receipt and at the Customer’s request issues a VAT invoice. Proof of purchase is delivered to the Customer along with the Goods.
§ 7
The right to withdraw from the contract
1. According to art. 27 of the Act of 30 May 2014 on Consumer Rights, the Customer who is also a Consumer has the right to withdraw from a contract concluded remotely without providing a reason.
2. The right to withdraw from the contract is vested within 14 calendar days from the moment of taking over the good by the customer or a third party designated by him other than the carrier.
3. In order to implement the statutory right to withdraw from the contract, the Customer submits to the Seller a clear declaration of will, sending it to the address of the registered office or e-mail address of the Seller.
4. The Customer may use the Statement of withdrawal from the contract, constituting Annex No. 1 to these Regulations. Using the form is not a condition to withdraw from the contract provided for in this paragraph.
5. To comply with the date specified in paragraph 2 it is enough to send a statement of withdrawal from the contract by e-mail or to the address of the Seller before its expiry.
6. The Customer who has used the delivery of a statement of withdrawal from the contract by e-mail will be immediately informed of the acceptance of this declaration of intent via email or in writing to the address provided in the Order Form.
7. After the withdrawal from the contract, the Customer is obliged to return the purchased Goods immediately, no later than within 14 calendar days, from the date of submitting the statement of withdrawal.
8. Goods should be returned to the address of the Seller.
9. The Customer bears only the direct cost of returning the Goods.
10. The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the statement of withdrawal from the contract and the Goods, refund to the Customer any payments received from him, including the cost of delivering the goods. The Seller shall refund the payment using the same method of payment as the Customer used, unless the Customer explicitly agreed to a different method of payment refund, which does not entail any additional costs for him.
11. The consumer is only liable for a decrease in the value of the item, as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of things.
12. The right to withdraw from the contract is not available to the Customer who is also a Consumer, in particular, when the Seller produces the Product according to the Customer’s specification, for his individual order, in accordance with art. 38 par. 3 of the Act of 30 May 2014 on consumer rights and in relation to other agreements referred to in the above-mentioned legal basis.
§ 8
Warranty and complaints of goods
1. The seller is liable to the buyer if the item sold has a physical or legal defect. The basis and scope of the Seller’s liability towards the Customer, in a situation where the sold Goods have a physical or legal defect have been established by generally applicable laws, including those specified in the code of (in particular in Articles 556-576 of the k.c.).
2. The Seller is obliged to provide the Customer with Goods without defects.
3. The Seller is liable to the Customer under the warranty for physical defects (physical defect consists in the non-conformity of the item sold with the contract) and for legal defects.
4. A complaint may be submitted, for example, in writing to the address of the Seller’s registered office or by e-mail to the Seller’s e-mail address.
5. The Seller shall respond to the Customer’s complaint promptly, however not later than within 14 calendar days from the date of submission. Lack of the Seller’s attitude in the above-mentioned period means that the Seller considered the complaint justified
6. It is recommended that the Customer provide the following information in the complaint (which will be helpful to the Seller in the course of considering the complaint and may speed up the complaint process):
– circumstances regarding the subject of the complaint – the Goods and the appearance of possible defects, e.g. the type and date of occurrence of the defect,
– determination of the Customer’s request (request for a way to bring the Goods into compliance with the Sale Agreement or submit a statement of price reduction or withdrawal from the Sales Agreement),
– contact details of the Seller with the person lodging the complaint / customer.
The recommendations given are not mandatory and do not affect the effectiveness of considering a given complaint. In order to facilitate the preparation of a notification, the Customer may use the Complaint Form constituting Annex No. 2 to these Regulations.
7. The Customer who exercises the warranty rights should provide the defective Goods at Seller’s cost to the Seller’s address: Antałex Sp. z o.o. , Mokre 77, 88-306 Dabrowa, PL. If, for example, due to the type of the Goods, its delivery by the Customer would be excessively difficult, the Customer is obliged to provide the Merchant Goods to the place where the Goods are located.
§ 9
Complaints about electronic services
1. The complaint procedure for Electronic Services is as follows:
a) the Customer, in the event of non-performance or improper performance of the Service provided electronically by the Seller, is entitled to submit a complaint on the terms provided for in the Regulations.
b) Complaints related to the provision of Electronic Services by the Seller and other complaints related to the operation of the Online Store (excluding the complaint procedure of the Goods, which has been described in § 8 of the Regulations), the Customer may submit in particular:
• in writing to the following address: Antałex Sp. z o.o. , Mokre 77, 88-306 Dabrowa, PL
• via e-mail to the following e-mail address: export@antalex.pl
c) it is recommended that the Customer provide the following information in the complaint (which will be helpful to the Seller in the course of considering the complaint and may speed up the complaint process):
• circumstances regarding the subject of the complaint and the appearance of possible defects, e.g. the type and date of occurrence of the defect,
• determination of the client’s request,
• data to contact the Seller with the person lodging the complaint / customer.
The recommendations given are not mandatory and do not affect the effectiveness of considering a given complaint.
d) the position taken by the Seller in relation to a given complaint of the Electronic Service shall take place immediately, however not later than within 30 calendar days from the date of its submission.
2. The right to withdraw from the contract for the provision of Services by electronic means is vested in the Customer who is a Consumer according to the rules provided for in the Regulations.
3. The Client for whom the Seller provides Account services, and which are continuous and unlimited in duration, shall be entitled to terminate the contract for the provision of the service without giving a reason, with immediate effect. Execution of this right will take place after sending in writing or via e-mail a statement on termination of the contract for the provision of electronic services.
4. The Seller reserves the right to terminate the agreement for the provision of Electronic Services of a continuous and indefinite duration with a 14-day notice period in case of breach of the provisions of the Regulations by the Customer.
§ 10
Final Provisions
1. The Seller respects all rights of the Customer under the provisions of Polish law.
2. The Seller reserves the right to change these Regulations for important reasons, including due to the change in the provisions of applicable law. The Seller is obliged to notify Clients at least 14 days before the updated version of the Regulations becomes effective on the Online Store website.
3. The provisions of the new Regulations shall not apply to orders and contracts entered into before the effective date of its updated version and shall not affect the rights acquired by the Customer under the provisions of the previous Regulations.
4. The customer has the right not to accept the new wording of the Regulations.
5. The content, in particular graphics, texts, layouts and colors of the website are the property of the Seller and are protected by the provisions of the Act on Copyright and Related Rights. Each use of the content requires the written consent of the Seller. Failure to obtain consent may result in criminal and civil liability.
6. Disputes arising from the provision of services under these Regulations shall be submitted to a common court in accordance with the relevant provisions of Polish law.
7. Annexes to the Regulations constitute its integral part.
8. Regulations come into force on 01/06/2019.
