Shop Regulations

§1 GENERAL PROVISIONS

 

  1. These Rules of the Online Shop (hereinafter referred to as the "Rules") define the principles for the use of the Online Shop, including but not limited to placing and processing of Orders, use of the Customer Account, procedure for complaints, rights of withdrawal from the Sales Agreement.
  2. The Terms and Conditions are made available to the Customer at the address "Terms and Conditions of the Store" free of charge, prior to the conclusion of the Sales Agreement, in a manner which makes it possible to acquire, reproduce and record the content of the Terms and Conditions by means of the IT system used by the Customer.
  3. The Customer is obliged to comply with all provisions of the Terms and Conditions. Sales take place on the basis of the current version of these Terms and Conditions, i.e. the version which is binding and accepted by the Customer at the time of placing the Order.
  4. The conclusion of an agreement on electronic provision of the Customer's Account services indicated in these Terms and Conditions is subject to registration in the Online Shop, reading and accepting the content of these Terms and Conditions.
  5. By concluding an agreement for electronic provision of Customer Account services, the Seller undertakes to provide the Customer with permanent access to the Customer's Account and to use the Online Shop to the full extent on the basis, within the framework and on the principles indicated in these Terms and Conditions.

§2 DEFINITIONS

 

  1. Whenever the Terms and Conditions refer to:

  2. "the Seller" - should be understood as "THE BEST" ZABIELSKI DARIUSZ ZABIELSKI, address Geologiczna 7, 02-246 Warsaw, NIP number: 5221072779, REGON number: 11793294, e-mail swiatregeneracji@gmail.com - who runs an Internet Shop and sells Goods through it;

  3. "Customer" - shall mean a natural person with full legal capacity, and in cases provided for by generally applicable laws a natural person with limited legal capacity, as well as a legal person or organizational unit without legal personality, to which legal capacity is granted by law - using the Online Store, including by means of a Customer Account created for them by the Seller;

  4. "Consumer". - shall be understood as a Client who is a natural person, using the Online Store, in particular making purchases, to the extent not directly related to the Client's business or professional activity;

  5. "Parties" - shall be understood collectively as the Seller and the Customer;

  6. "Sales Contract" - should be understood as a contract concluded at a distance, the subject of which is the sale of Goods by the Seller to the Customer in accordance with the principles set out in the Regulations.

  7. "Online Shop" - shall be understood as the swiatregeneracji.pl online platform administered by the Seller, available online through the swiatregeneracji.pl website, through which the Customer may purchase Goods;

  8. "Information and Communication System" - shall be understood as a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a telecommunication terminal device appropriate for the given type of network, as defined by the Act of 16 July 2004. - Telecommunications Law (i.e. Journal of Laws of 2019, item 2460, as amended);

  9. "Goods" - shall mean a movable item presented by the Seller in the Online Shop, which may be the subject of a Sales Agreement. The photographs of the Goods are for reference purposes; this means that the Goods in the photographs may slightly differ in their actual appearance due to individual settings of the Customer's computer equipment (e.g. colour saturation, proportions)

  10. "Customer Account" - means an individual account established for the Customer as part of the provision of electronic services by the Seller, by means of which the Customer uses to access the Online Shop and has the possibility, inter alia, to place Orders in a simplified manner;

  11. "Electronic Address" - shall be understood to mean the designation of the ICT System enabling communication by means of electronic communication, in particular e-mail;

  12. "Price" - shall be understood as the gross value of the Goods expressed in PLN currency, including value added tax. The price does not include the cost of delivery, which depends on the method of delivering the Goods to the Customer, as well as on the value and size of the Order and is given when the Customer chooses the method of delivery of the Goods. The total cost of the Order (i.e. the price of the Goods together with other costs, including delivery costs) is indicated in the shopping cart before the Customer places the Order;

  13. "Personal Data" - shall mean information about an identified or identifiable natural person;

  14. "Personal Data Controller" - is to be understood as the Seller who, acting in this role alone or jointly with others, determines the purposes and means of processing Personal Data;

  15. "Rules of Procedure" - shall mean this document;

  16. "RODO" - shall mean the REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ.EU.L.2016.119.1 of 2016.05.04);

  17. "Order" shall mean the declaration of will of the Customer made via the Online Shop specifying: the type and quantity of the Goods ordered; the type of delivery; the type and amount of payment; the place of delivery of the items, the Customer's data, constituting an offer to conclude a Sales Contract between the Customer and the Seller.

§3 GENERAL CHARACTERISTICS OF THE ONLINE SHOP

 

  1. The Internet Shop is operated by the Seller.
  2. The On-line shop is not used for wholesale. If the Customer wishes to purchase Goods in bulk quantity, he/she should contact the Seller by e-mail by sending a request to the Seller's Electronic Address: swiatregeneracji@gmail.com. If the content of the Order placed via the Online Store indicates that the Order is a Wholesale Order, the Seller has the right to refuse to process such an Order informing the Customer of this fact via an appropriate message in the Online Store or by contacting the Customer on this subject.
  3. Information about the Goods placed on the pages of the Internet Shop do not constitute an offer within the meaning of the Civil Code, but an invitation to make offers within the meaning of Article 71 of the Civil Code.
  4. Information about the Goods placed in the Online Store shall not be tantamount to the fact that the Goods are actually available at the Seller's and it is possible to execute an order for them.
  5. The Goods presented in the Online Store may have manufacturer's, importer's or Seller's guarantee, which covers the territory of Poland. The guarantee period of each Good is indicated in its description. Detailed conditions of guarantee fulfilment are specified in the guarantee card issued by the guarantor.
  6. The Seller reserves the right to change Prices of Goods presented in the Internet Shop, introduce new Goods to the offer, remove Goods from the offer or change their description, conduct promotional actions in the Internet Shop, in particular on the basis of regulations of a given promotion. The introduced changes do not affect the effectiveness and execution of previously placed Orders by the Customer.
  7. The Seller ensures that the Online Store is available for the Customer only on-line and on condition that the Customer, at his own expense, provides the following:
  8. computer equipment with an operating system allowing the use of Internet resources,
  9. connection to the Internet;
  10. access to an individual e-mail account;
  11. a correctly configured web browser in the latest official version with cookies enabled (e.g. Mozilla Firefox, Google Chrome, Safari, Opera).
  12. Subject to the provisions of the Terms and Conditions to the contrary, the Online Shop is available to the Customer during the period of the Customer's use of the Online Shop, 24 hours a day and seven days a week.
  13. The Seller reserves the right for the Online Shop to be unavailable to the Customer in order to ensure the security and stability of the Online Shop for the purposes of repairs, maintenance, removing failures, introducing necessary adaptations, changes and other similar activities.
  14. The Seller reserves the right to change the functionality of the Online Shop, either by adding new features or by changing the existing functionality.

§4 CUSTOMER ACCOUNT

 

  1. The condition of using the full range of functionalities of the On-line shop by the Customer is the acceptance of the provisions of the Terms and Conditions, free-of-charge registration of a Customer Account in the On-line shop and confirmation of this registration by the Seller.

  2. The creation of a Customer Account is not necessary in order to place an Order in the Online Shop.

  3. By registering a Customer Account and accepting the provisions of the Terms and Conditions, the Customer submits a declaration of intent consenting to the provision of electronic services for maintaining a Customer Account in accordance with the provisions of the Terms and Conditions.

  4. When registering the Customer's Account, the Customer shall enter a login and password which he/she has established and which are known only to himself/herself. The Customer is obliged to keep his/her login and password confidential and, in particular, must not make them available to unauthorised persons.

  5. In order to register a Customer Account, the Customer should

  6. fill in the registration form found in the Online Shop;

  7. complete all fields marked with an asterisk as mandatory;

  8. accept the Terms and Conditions.

  9. The data entered into the registration form during the registration of a Customer Account should concern the Customer and should be true.

  10. During the registration of a Customer's Account, a confirmation of the registration of the Customer's Account in the Online Shop shall be sent to the Electronic Address indicated in the registration application, with a request to verify the data and complete the registration of the Customer's Account. With this moment, the agreement for electronic provision of the service of maintaining the Customer's Account is concluded, and the Customer obtains the possibility of accessing the Customer's Account and making changes to the data provided during registration.

  11. The Seller may refuse to accept the registration of the Customer's Account and the conclusion of the agreement for electronic provision of services for important reasons.

§5 ORDERS AND THEIR FULFILMENT

 

  1. Orders may be placed via the electronic Order form available in the Online Shop, 24 hours a day, 7 days a week.

  2. The Customer may place an Order after logging into a Customer Account or without an Account by providing the data indicated in the electronic Order form necessary for the fulfilment of the Order.

  3. In order to place an Order via the Internet Shop, the Client adds the Goods of his/her choice to the shopping cart by selecting the type and number of Goods and pressing the "ADD TO CART" button, and undertakes other technical actions based on the messages displayed to the Client, including indicating the delivery method and form of payment. The Customer then places the Order by sending an electronic Order form to the Seller by selecting the "Order with obligation to pay" button (or its equivalent) on the website of the Online Shop. In order to place an Order, prior acceptance of the provisions of the Terms and Conditions by the Customer is necessary. In the summary of the Order, before it is sent to the Seller, the Customer is informed about the main characteristics of the ordered Goods, the total cost of the Order, i.e. the Price for the selected Goods, the cost of delivery, as well as all additional costs charged to him/her in connection with the Order.

  4. The Customer's sending of the Order constitutes an offer to the Seller to conclude a Contract of Sale for the Goods which are the subject of the Order.

  5. After placing an Order, the Seller sends to the Electronic Address provided by the Customer information on acceptance of the Order for execution. This information constitutes the Seller's statement of acceptance of the offer, which is tantamount to the Parties concluding a Sales Contract.

  6. The price given in the shopping cart at the time of placing the Order by the Customer is binding and final.

  7. The Customer may pay for the Order placed at the Online Shop:

  8. cash on delivery - in the event of delivery of the Goods by courier or collection of the Goods in person by the Customer, or

  9. in advance - by traditional transfer to the Seller's payment account No. Bank account no: 97 1500 1197 1211 9002 7258 0000 or by electronic payment and payment card payment through electronic payment operators.

  10. When making a payment, the Customer will be informed of the payment amount immediately before it is made, as well as of the available payment methods and the details of the payment operator. The detailed regulations for making payments through electronic payment operators are available on the website of the relevant operator.

  11. In order to make payment through an electronic payment operator, the Customer should follow the instructions given by the electronic payment operator, to which he/she will be redirected from the Online Shop, and immediately make payment for the Order placed.

  12. The Customer declares that he/she agrees to the use and transmission by the Service Provider of electronic invoices not requiring signatures of the parties in pdf format by sending them to the Electronic Address indicated by the Customer. The Seller shall provide the Client with an electronic invoice immediately upon receipt of payment for the Order.

  13. The Seller shall deliver the Goods exclusively in the territory of the Republic of Poland, unless otherwise stipulated in the description of the given Goods.

  14. When placing the Order, the Client chooses the method of delivery of the Goods. The Goods may be delivered to the Client:

  15. with the help of a courier company,

  16. by parcel machine,

  17. through personal collection of the Goods by the Client at the Seller's facility.

  18. The Seller places information in the Online Shop about the number of working days required for delivery of the Goods using a specific delivery method.

  19. Receiving the consignment with the Goods, the Client should check its condition, and in the case of any damage or breach of packaging, it is recommended that the Client draws up a damage report in the presence of the person issuing the Goods. The Customer should immediately send the damage report to the Seller together with a possible complaint.

  20. The Seller reserves a maximum lead time of 30 days for the processing of an Order. After the ineffective expiry of this period, the Customer may cancel the Order by sending a declaration of cancellation of the Order to the Seller. In this case, the Seller shall immediately refund to the Customer who is a Consumer all payments made by the Customer, including any costs of delivering the Goods.

  21. The Seller attaches a sales confirmation in the form of a VAT invoice or fiscal receipt to each Order delivered. In the event that the Purchaser is a VAT payer and wishes to receive an invoice, he/she should send the relevant information to the Seller, e.g. via e-mail immediately after the purchase, specifying the necessary data.

§6 TERMINATION AND EXPIRY OF THE SERVICE AGREEMENT

  1. This section shall not apply to Sales Agreements, but shall only apply to agreements for electronic provision of services for maintaining a Customer Account.

  2. The contract for electronic provision of services may be terminated by the Customer at any time via the Online Shop. The Seller shall confirm the termination of the agreement by sending the Customer a message to the Electronic Address indicated by the Customer in the Customer Account.

  3. The Seller has the right to terminate the contract for the provision of services by electronic means at any time for valid reasons upon 14 days' notice. The Seller shall terminate the contract for the provision of services by electronic means by sending a relevant declaration of intent to the Customer at the Electronic Address indicated by the Customer in the Customer Account.

  4. The agreement for the provision of services by electronic means shall terminate in the event of:

  5. Death or liquidation of the Customer;

  6. Liquidation of the Seller or cessation of the Seller's business activities.


§7 PROTECTION OF PERSONAL DATA

 

  1. The Seller, as the Personal Data Administrator, shall make every effort to ensure all possible measures for the physical, technical and organisational protection of Personal Data against their accidental or intentional destruction, accidental loss, alteration, unauthorised disclosure, use or access, in accordance with all applicable laws, including RODO.

  2. The Seller uses cookies and other similar technologies within the Online Store to improve efficiency and offer the Customer increasingly improved functionality of the Online Store and more tailored advertising. If the Customer does not agree to save and receive information in cookies, he/she may change the rules regarding cookies through the settings of his/her web browser or the use of the so-called opt-out on the website of the provider of the given technological solution. Detailed information regarding the technologies used by the Seller is available in the Cookie Policy available at swiatregeneracji.pl.

  3. More information on the processing of Personal Data by the Seller is available in the Privacy Policy available at swiatregeneracji.pl.

     

§8 RESPONSIBILITY

 

  1. The Customer is obliged to use the Online Store in accordance with its purpose and refrain from any activity that could interfere with its proper functioning.

  2. The Customer is prohibited from introducing unlawful content into the area of the Online Store. The Customer shall bear full responsibility for the correctness, scope, completeness, content and legal compliance of the data entered and stored in the Customer's Account.

  3. To the extent permitted by law, the Seller is not responsible for:

  4. blocking by administrators of mail servers that handle the Client's e-mails sent by the Seller to the Client's Electronic Address, and for deletion and blocking of e-mails sent by the Seller by software installed on the computer equipment used by the Client;

  5. malfunction of the Online Store resulting from the circumstances that the Client's computer equipment, software or Internet access do not meet the technical requirements indicated in the Terms and Conditions;

  6. the consequences of the Customer providing incorrect or untrue Customer data when registering a Customer Account or placing an Order.

  7.  

  8. The online store may contain links to other websites. The Seller is not responsible for the content, form and correctness of the information contained in these links. Viewing the content of the links is at the Customer's own risk.

  9. The Seller reserves the right to place advertising content in any part of the Internet Store in the forms used on the Internet. The Seller shall not be liable for advertising content placed in the Online Store and for any claims of third parties arising therefrom.

  10. Subject to mandatory provisions of the law, to the maximum extent permitted by the law, the Seller's liability for damage caused to non-consumer Customers is limited to the amount that such Customer paid to the Seller for the purchase of the Goods in question, regardless of the source and legal basis of the non-consumer Customer's claim, and liability for lost profits is excluded.

     

§ 9 WITHDRAWAL FROM THE SALES CONTRACT

 

  1. The Consumer is entitled to withdraw from the concluded Sales Contract, without giving any reason, within 14 days counting from the day of receiving the Order. This period begins to run:

  2. from taking possession of the Goods by the Consumer or a third party other than the carrier designated by the Consumer,

  3. in case the Contract of sale includes multiple Goods that are delivered separately, in batches or in parts - from taking possession of the last Goods, batch or part

  4. in case the Contract of sale involves the regular delivery of items for a specified period - from taking possession of the first of the items;

  5. for other cases - from the date of conclusion of the Contract of Sale.

  6. In order to comply with the deadline for withdrawal from the Sales Contract, it is sufficient for the Consumer to send information regarding the exercise of his right of withdrawal before the expiration of the deadline for withdrawal.

  7. In order to exercise the right to withdraw from the Sales Contract, the Consumer is obliged to provide the Seller with a statement of withdrawal, preferably to the Electronic Address swiatregeneracji@gmail.com If the Consumer exercises this option, the Seller will immediately send the Consumer an acknowledgement of receipt of the withdrawal information on a durable medium (for example, by e-mail).

  8. The statement of withdrawal from the Sales Agreement can be formulated by the Consumer in the following way (however, keeping the following formula is not mandatory):

Declaration of withdrawal from the Sales Agreement

 

Seller's name: "THE BEST" ZABIELSKI DARIUSZ ZABIELSKI

 

Seller's address: Geologiczna 7, 02-246 Warsaw

 

Seller's e-mail: swiatregeneracji@gmail.com

 

I/We hereby withdraw (*) from the contract of purchase of the following Goods concluded by me/us (*): ____________________________________________________

 

Ordered on (*)/received on (*) ____________________________________

 

Name(s) of the Consumer(s): ____________________________________________

 

Address of the Consumer(s): ____________________________________________________

 

Signature of Consumer(s) (for paper statements only):_______________________

 

Date: ___________________________________________________________________

 

(*) delete as appropriate

  1. In case of withdrawal from the Sales Contract, the contract is considered not concluded.

  2. The Seller shall return to the Consumer all payments received in connection with the Sales Agreement from which the Consumer withdraws, in particular the Price of the Goods and the cost of delivery, however, as far as the return of delivery costs is concerned, the Seller is obliged to return only the cost of the usual, cheapest method of delivering the Order, offered by the Seller. The direct costs associated with the return of the Goods, resulting from the withdrawal by the Consumer from the Sales Contract, shall be borne by the Consumer.

  3. The Seller shall refund the payment received from the Consumer, including the Price of the Goods and the cost of delivery immediately, but no later than within 14 days from the date of receipt of the notice of withdrawal from the Sales Agreement sent by the Consumer, subject to paragraph 8 below. The payment will be refunded through the same payment channel that the Consumer used to pay for the Goods, unless the Seller and the Consumer agree otherwise.

  4. A consumer who has withdrawn from the Sales Contract is obliged to return the Goods to the Seller immediately, but no later than 14 days from the date of withdrawal from the contract. To meet the deadline it is sufficient to send back the Goods before its expiration. The returned Goods should remain in a condition not exceeding that necessary to ascertain the nature of the Goods, their characteristics and functioning. The Seller may withhold reimbursement for the Goods until it receives the item or until it provides the Seller with proof of its return, whichever event occurs first.

  5. The right to withdraw from the Sales Contract does not apply to the Consumer in respect of Sales Contracts:

  6. in which the subject of the performance is a non-refabricated thing, produced to the Consumer's specifications or serving to meet his individualized needs;

  7. in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;

  8. in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;

  9. in which the subject of performance are things which, after delivery, due to their nature, become inseparably connected with other things;

  10. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging is opened after delivery;

  11. for the supply of newspapers, periodicals or magazines, except for a subscription contract;

  12. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the entrepreneur has informed him of the loss of the right to withdraw from the contract.

  13. The rights of the Consumer referred to in this § 9 also apply to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

§10 DEFECTS IN GOODS. COMPLAINTS.

 

  1. The Seller shall be obliged to provide the Customer with Goods free of defects.

  2. The Seller shall be liable to the Customer, on a warranty basis, for physical or legal defects in the Goods purchased by that Customer. In the case of sales that do not constitute consumer sales, the provisions of Articles 556-576 of the Civil Code, taking into account Articles 5564 and 5565 of the Civil Code are excluded.

  3. The consumer has the right to demand a price reduction, removal of the defect, replacement of the defective product with a new one or withdrawal from the Sales Agreement. This right also applies to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.

  4. The Customer may report complaints and information related to non-performance or improper performance of the Sales Agreement by the Seller, including defects in the Goods, or provision of electronic services specified in the Regulations in any form, including, in particular, electronically to the Seller's Electronic Address swiatregeneracji@gmail.com or by mail to the Seller's address, Geologiczna 7, 02-246 Warsaw.

  5. In order to process the claim efficiently, it should contain:

  6. Details of the person making the complaint (name and address of the Customer, Electronic Address);

  7. Description of the event giving rise to the complaint;

  8. Customer's expectations as to how the complaint request will be satisfied;

  9. Proof of purchase, if the complaint concerns the ordered Goods.

  10. In the case of complaints regarding defects of the Goods, the Customer is obliged to deliver the defective Goods to the Seller's address. In the case of a Consumer, the cost of delivery is covered by the Seller.

  11. The Seller shall, within 14 (fourteen) calendar days of receipt of a complete complaint notification, respond to the Client's complaint and notify the Client of further actions related to the complaint under consideration.

  12. If the complaint is considered in favor of the Customer, the cost of replacing or repairing the Goods shall be borne by the Seller.

  13. The Customer will receive information on the manner of processing the complaint by electronic correspondence, to the Electronic Address provided in the complaint notification.

§11 FINAL PROVISIONS

 

  1. These Terms and Conditions come into force on 24-10-2023

  2. The Seller reserves the right to unilaterally change the provisions of the Terms and Conditions, without having to justify the reasons for such change, and at the same time undertakes to inform the Customer of each change to the Terms and Conditions by posting the consolidated text of the Terms and Conditions on https://swiatregeneracji.pl/regulamin-sklepu. Amendments to the Terms and Conditions do not affect orders placed by the Customer before the amendments to the Terms and Conditions became effective - such orders are processed in accordance with the provisions of the Terms and Conditions in effect on the date of the order.

  3. Amendments made to the Terms and Conditions become effective 7 days after their content is made available on https://swiatregeneracji.pl/regulamin-sklepu. If the Customer does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Seller of this fact, which results in termination of the contract for provision of Customer Account services in accordance with the provisions of §6 of the Terms and Conditions.

  4. In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the provisions of the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740 as amended) and the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2020, item 287 as amended).

  5. Any disputes arising from the performance of the Sales Agreement, the Parties will try to resolve amicably. If the Parties who are entrepreneurs fail to agree on an amicable resolution of the dispute within 60 days from the date of filing the claim, the competent court for the final resolution of the dispute will be the court with jurisdiction over the registered office of the Seller.

  6. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court methods of processing complaints and claims. These include, in particular:

  7. permanent amicable consumer court operating at the Trade Inspection

  8. mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller, which is conducted before the provincial inspector of the Commercial Inspection;

  9. assistance in resolving a dispute between the Customer and the Seller provided by the competent district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.

  10. The platform of the Internet system for settlement of disputes between consumers and businesses at the EU level (ODR platform) available at the address: http://ec.europa.eu/consumers/odr/

 


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