Online store regulations

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Online store regulations

Valid from _ _ _

Introduction

The sale of goods via the online store plyvood.com (hereinafter referred to as: the "Online Store” or the "Store") is carried out by:
Wojciech Jędrzejewski running a business under the

Prenso spółka z ograniczoną odpowiedzialnością (limited liability company)

Kartuska 376

80-125 Gdańsk

registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Gdańsk-Północ in Gdańsk, VII Economic Department of the National Court Register under KRS number: 0000979063,

NIP: 5833454420

REGON: 522518342, (hereinafter referred to as the "Store" or "Seller").

The Seller, as part of the Online Store, also provides free electronic services on the terms and in the manner specified in this document.

Contact with the Seller is possible:

by mail to the following address: ul. Kartuska 376, 80-125 Gdańsk,
via e-mail to the following address: [email protected],
by phone at: +48 609 121 587
via the contact form available on the website of the Store.

I. Definitions

The terms used in this document have the following meaning:

Working days - days of the week from Monday to Friday, excluding public holidays.
Customer - a natural person with full legal capacity, a natural person running a sole proprietorship, a legal person or an organizational unit without legal personality, that is granted legal capacity based on specific provisions, that places Orders via the Online Store or for which the Seller provides Services electronically.
Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93 as amended).
Consumer - a consumer within the meaning of art. 22 [1] of the Civil Code, who is the Customer of the Store.
Account - a space on the Online Store designated by the Seller for a given Customer, within which the Customer may perform specific activities within the Store.
Entrepreneur - an entrepreneur within the meaning of art. 41 [1] of the Civil Code, who is the Customer of the Store.
Regulations - this document.
Registration - an activity performed by the Customer within the Store leading to the creation of an Account by the Customer.
Online Store/Store - an online store in the domain plyvood.com through which the Seller sells Goods and provides Services electronically in accordance with the Regulations.
Goods - products presented by the Seller on the Online Store, which may become the subject of a Sales Agreement.
Sales Agreement - a contract for the sale of Goods within the meaning of the Civil Code, concluded remotely between the Seller and the Customer on the terms set out in the Regulations.
Service - a service provided electronically by the Seller to the Customer within the meaning of the Act on the provision of electronic services.
Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827 as amended).
Act on the provision of electronic services - the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended).
Order - a declaration of will submitted to the Seller by the Customer proving the intention to conclude a Sales Agreement, specifying primarily the number and type of Goods from among the Goods presented on the Online Store.

II. General provisions

The Regulations define general conditions, rules and manner of sales, as well as terms and conditions for the provision of Services by the Seller. The Regulations are continuously available on the Store's website in a way that enables its reproduction, acquisition and recording of its content by saving it on a carrier at any time.
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, internet domain, website, as well as to all kinds of patterns, forms, logos posted on the Store's website (except for logos and photos presented via the Store for the purpose of presentation of the Goods, the copyrights of which belong to third parties, in particular producers or distributors) belong to the Seller, and their use may only take place in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
The Seller makes every effort to ensure that Internet users have the opportunity to use the Online Store, i.e. perform all activities leading to learn the content of the Store or perform other activities specified in the Regulations, using all popular web browsers, operating systems, types of devices and types of internet connections.
The minimum technical requirements, the fulfilment of which enables the use of the Online Store, are:
1. a computer or a mobile device with Internet access,
2. Internet Explorer version 11 or newer, Chrome version 66 or newer, FireFox 60 or newer, Opera 53 or newer or Safari 5 or newer,
3. Javascript enabled in the browser.
In order to place an Order, as well as to use certain Services via the Store, it is necessary for the Customer to have an active e-mail account.
The Seller informs that the public nature of the Internet and the use of electronic services may pose a threat to every user of the Internet, consisting in obtaining and modifying user data by unauthorized persons and introducing malicious software into the user's ICT system. In order to avoid the risk referred to in the previous sentence, Customers should use appropriate technical measures that will minimize the indicated threats, in particular, they should use anti-virus programs and programs protecting the identity of Internet users as well as a firewall.

III. Rules for the provision of Services

As part of the Online Store, the Seller enables Customers to use free Services provided by the Seller 7 days a week, 24 hours a day.
The Customer has the option of creating an Account on the Online Store. In order to create an Account, the Customer performs Registration consisting in filling in the fields marked as mandatory available as part of the interactive registration form presented on the Store's website and sending this form to the Seller using a dedicated button.
The contract for the provision of the Account maintenance service is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account.
The Customer has the option of sending a message to the Seller via an interactive form available on the Store's website. The contract for the provision of the Service consisting in enabling the Customer to send a message to the Seller via an interactive form is concluded for a definite period of time and is terminated when the message is sent by the Customer.
The Customer has the option of using the newsletter service consisting in receiving messages from the Seller containing, in particular, commercial information. In order to conclude a contract for the provision of the Newsletter Service, Newsletter service provided in accordance with the Regulations.
The Customer with an account has the option of adding subjective statements about the Goods presented on the Store. For this purpose, the Customer uses the interactive forml, fills in the fields of this form, and then adds an opinion using a button dedicated for this purpose.
A Customer who has an Account on the Store has the option of adding the Goods presented on the Store's website to a storeroom using a dedicated icon. The storeroom is part of the Customer's Account in which the Customer can view the Goods he has added to the storeroom. The contract for the provision of the Service consisting in adding the Goods to the storeroom is concluded for an indefinite period and is terminated when the Goods are removed from the storeroom, the Account is deleted or the Goods added to the storeroom are withdrawn from the Store's assortment.
The Seller has the right to organize occasional special offers, discount campaigns or contests, the terms of which will be presented on the Online Store website. Special offers in the Store cannot be combined, unless the Regulations of a given special offer provide otherwise.

IV. Conclusion of the Sales Agreement

Information on the Goods, contained on the website of the Online Store, does not constitute an offer, but an invitation to conclude an Agreement within the meaning of art. 71 of the Civil Code.
The Goods presented on the Store are brand new and have been legally placed on the Polish market.
Placing an Order via the Online Store website is possible 7 days a week, 24 hours a day.
A Customer who places an Order via the Online Store website selects the Goods from the Order and their quantity using interactive functionalities available on the Store’s website. After completing the Goods, the Customer selects the payment methods and delivery methods and places the Order using a dedicated button.
Placing an Order is tantamount to submitting to the Seller by the Customer an offer to conclude a Sales Agreement with the content consistent with the content of the Order. After receiving the offer, the Seller sends the Customer a confirmation of placing the Order to the e-mail address provided by the Customer when placing the Order.
After confirming the Order, the Seller sends the Customer to the e-mail address provided by him information about the acceptance of the Order for execution, which is tantamount to accepting the Customer's offer. As soon as the Customer receives the message that the Order has been accepted for execution, a Sales Agreement is concluded.
The Seller confirms terms of the Sales Agreement to the Customer by sending them to the Customer's e-mail address or in writing to the forwarding address provided by the Customer when placing the Order.
The agreement is concluded in English, in accordance with the Regulations.

V. Prices and accepted payment methods

The prices of the Goods provided provided in the Online Store are presented in euros and US dollars and are gross prices. The prices do not include delivery costs.
The Customer may choose the following payment methods for the ordered Goods:
1. bank transfer to the Seller's bank account - the execution of the Order begins after the Seller sends the confirmation of the Order acceptance to the Customer, and its shipment takes place immediately after the funds are credited to the Seller's bank account and the Order is picked,
2. electronic payment - the execution of the Order begins after the Seller sends the confirmation of acceptance of the Order to the Customer, and its shipment takes place immediately after the Seller receives information from the billing agent's system about the payment made by the Customer and the Order is picked.
The Seller informs the Customer about the date within which he is obliged to pay for the Order via the website of the Store.
In the event that the Customer does not fulfil the obligation to pay within the date referred to in point 3 above, the Seller calls the Customer to pay by setting an additional deadline for making the payment and informs that in the event of ineffective expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event that the deadline specified in the call for payment has expired ineffectively, the Seller may withdraw from the Agreement pursuant to Art. 491 of the Civil Code.

VI. Delivery

The delivery of the Goods is carried out to the address provided by the Customer when placing an Order.
The Seller publishes on the website of the Store information about the number of Working Days needed to complete the Order, including its delivery, as well as the amount of fees for the delivery of the Goods.
The deadline for the Order fulfillment, including its delivery, is indicated on the Online Store website and is counted in Working Days in accordance with point V subpoint 2 of the Regulations.
The Seller provides the following delivery methods of the Goods:
1. delivery via a postal operator,
2. delivery via courier.
Depending on the type of Goods, in particular their dimensions or specific delivery requirements resulting from the nature of the Goods, the methods of delivery indicated in point 4 above may be limited. Up-to-date information about the possible methods of delivery can be found on the website of the Store, in particular when placing the Order.

VII. Complaint procedure in case of non-conformity of the Goods with the Contract

The Seller undertakes to deliver the Goods covered by the Order consistent with the Agreement.
The Seller shall be liable for non-compliance of the Goods with the contract under the terms of the Law on Consumer Rights to the Customer who is a Consumer and to the Customer who is a natural person concluding the Contract directly related to his/her business activity, when the content of the Contract shows that it is not of a professional nature for this person.
In the case of non-conformity of the Goods with the Agreement, the Consumer is entitled to the rights specified in Chapter 5a of the Consumer Rights Act.
Complaints should be sent to the following address: ul. Kartuska 376, 80-125 Gdańsk, e-mail address: [email protected], phone number: +48 609121587.
In order to consider the complaint, the Customer should send or deliver a faulty Product to the address indicated in point 3 above. The Customer is asked, if possible, to attach a proof of purchase to the faulty Product.
The Seller shall handle the complaint within 14 days.
In the event of deficiencies in the complaint, the Seller may request the Customer to complete the complaint to the extent necessary, indicated by the Seller immediately, but not later than within 7 days from the receipt of the request by the Customer.

VIII. Complaints about Services provided electronically

The Customer may submit complaints to the Seller regarding improper provision of Services, failure to provide the Services provided for in the Regulations or incorrect functioning of the Store.
Complaints arising from irregularities in the functioning of the Store and the provision of the Services referred to in point 1 above, the Customer may report to the following address: ul. Kartuska 376, 80-125 Gdańsk, e-mail address: [email protected], phone number: +48 609121587.
In the complaint, the Customer should provide his name, surname, forwarding address and a description of any irregularities.
The Seller shall handle the complaint within 30 days.
In the event of deficiencies in the complaint, the Seller may request the Customer to complete the complaint to the extent necessary, indicated by the Seller immediately, but not later than within 7 days from the receipt of the request by the Customer.

IX. Replacement of Goods

The Customer has the option of requesting a replacement of the Product within 14 days of its delivery. The notification is made to the Seller's e-mail address indicated in the Introduction to the Regulations.
As part of individual arrangements with the Customer, the Seller may consent to the replacement of the Goods by means of electronic correspondence. The replacement of the Goods is possible only for the Goods currently available on the website of the Store.
The Seller will inform the Customer via e-mail if the Goods to be replaced for the Goods being the subject of the Customer's Order are not available. In this case, the Customer may decide to buy a different Product or withdraw from the replacement. In the event of withdrawal from the replacement, the return of the Goods to the Customer is at the Customer's expense.
As part of the replacement, the Customer should properly secure the parcel and attach a proof of purchase. The Goods to be replaced should be sent to the Seller by registered mail, at the Customer's expense. The costs of shipping the new Goods to the Customer shall be paid by the Customer by bank transfer to the bank account indicated by the Seller.
In the event of a replacement for a Product with a lower price, the money will be refunded within 14 days to the bank account indicated by the Customer.
In the event of a replacement for a Product with a higher price, the Seller will replace the Goods after the amount equal to the price difference between the Goods is credited to the Seller's account.
Only the Goods that are undamaged, clean and show no signs of use are subject to replacement.
The Seller refuses the Customer to replace the Goods if they do not meet the requirements set out in point 7 above.

X. Reviews

The Seller allows Customers to get acquainted with opinions of other Customers about the offered Goods.
Customers who have an Account in the Store, after concluding the Contract, have the opportunity to post an opinion about the purchased Goods. For this purpose, the Customer uses the interactive form available in the description of each Product, fills in the fields of this form, and then adds an opinion using the button dedicated for this purpose.
By adding an opinion, the Customer declares that he owns the rights to the content posted within the opinion, in particular, economic copyright, related rights, as well as industrial property rights.
The content posted by the Client in the opinion must not violate applicable laws, including the rights of third parties. In particular, the content of the opinion may not be defamatory, violate personal rights, incite discrimination based on sex, age, sexual orientation, or constitute an act of unfair competition.
With the addition of an opinion, the Client agrees that the Seller may publish it free of charge, that the Seller may use it on websites and social media channels, that the Seller may use it in any form for advertising and marketing purposes, and that the Seller may develop works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).
The Seller publishes the added opinion after verifying that it comes from the person who purchased the Goods from the Store.
In addition, if the Buyer has any doubts about the posted opinions, the Buyer may report the opinion to the Seller for verification. Upon receipt of a notification from the Buyer, the Seller will take action, appropriate to its capabilities, which will be aimed at verifying the posted opinion.
The contract for the provision of the free Service of adding an opinion on a Product is concluded for a definite period of time and is terminated as soon as the opinion is added

XI. The right to withdraw from the Agreement

A Consumer who has concluded a Sales Agreement may withdraw from this Agreement within 14 days without giving any reason.
The period referred to in point 1 above begins with the delivery of the Goods - in the case of a Sales Agreement, and in the case of a contract for the provision of Services, from the date of its conclusion.
In order to submit a declaration on withdrawal from the Agreement, the Consumer may use the Agreement withdrawal form template, but it is not necessary. To meet the deadline, it is enough to send the declaration before its expiry. The Seller immediately confirms to the Consumer the receipt of the form submitted via the website of the Store.
In the event of withdrawal from the Sales Agreement, it is considered as not concluded.
If the Consumer submitted a declaration on withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
In the event of withdrawal from the Agreement, the Agreement is considered as not concluded. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods.
The Seller is obliged to immediately, but no later than within 14 days from the date of receipt of the Consumer's declaration on withdrawal from the Agreement, return to the Consumer all payments made by him, including the cost of delivery of the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer agrees to a different method of refund, and this method will not burden the Consumer with any costs.
The Seller may withhold the refund received from the Consumer until the Goods are returned or the Consumer has provided a proof of returning the Goods, depending on which event occurs first.
If the Consumer exercising his right to withdraw from the Agreement, when concluding the Agreement, has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund any additional costs incurred by the Consumer.
The Consumer is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date of withdrawal from the Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline.
In the event of withdrawal from the Agreement, the Consumer bears only the direct costs of returning the Goods.
The Customer is responsible for any decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
The right to withdraw from the Agreement by the Consumer is excluded in the event of:
1. provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement and took note of it,
2. Agreement in which the price or remuneration depends on the financial market fluctuations over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement,
3. Agreement in which the subject of the service are non-prefabricated Goods, manufactured according to the Consumer's specification or serving to satisfy his individual needs,
4. Agreement in which the subject of the service are Goods that deteriorate quickly or have a short shelf life,
5. Agreement in which the subject of the service are Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery,
6. Agreement where the subject of the service are Goods that after delivery, due to their nature, are inseparably connected with other things,
7. Agreement in which the subject of the service are alcoholic beverages, the price of which was agreed upon conclusion of the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
8. Agreement in which the Consumer expressly requested the Seller to come to his place for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement with regard to additional services or Goods,
9. Agreement in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement,
10. Agreement concluded by public auction,
11. Agreement for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the agreement indicates the day or period of service provision,
12. Agreement for the supply of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the Agreement and after informing the Seller about the loss of the right to withdraw from the Agreement.
13. Contracts for the provision of services for which the Consumer is obliged to pay the price, where the Consumer expressly requested the trader to come to him for repair, and the service has already been fully performed with the prior consent of the Consumer.

XII. Out-of-court methods of settling complaints and redress

The Customer who is a Consumer has the following options for using out-of-court complaint and redress procedures:
1. is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
2. is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
3. may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization which statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address: [email protected];
4. submit a complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Rights and obligations

It is forbidden to use the resources and functions of the Online Store in order to conduct activities by the Customer that would violate the interests of the Seller, i.e. in particular advertising activities of another entrepreneur or product, activities consisting in posting content not related to the activities of the Seller, activities consisting in posting false or misleading content.
The Customer is obliged in particular:
1. not to provide or transmit content prohibited by law, e.g. content that promotes violence, that is defamatory or violates personal rights and other rights of third parties,
2. to use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
3. not to take actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
4. to use the Online Store in a way that is not inconvenient for other Customers and for the Seller,
5. to use any content posted on the Online Store only for personal use,
6. to use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
It is forbidden for Customers to post, as part of using the Services referred to in point III of the Regulations, content that could, in particular:
1. be published in bad faith, e.g. with an intention to infringe personal rights of third parties,
2. violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secrets or related to confidentiality obligations,
3. contain personal data of third parties and disseminate the image of third parties without their consent required by law,
4. be offensive or constitute a threat to other people, contain vocabulary that violates good manners (e.g. by using vulgarisms or terms commonly considered offensive),
5. otherwise violate the provisions of the Regulations, good manners, provisions of applicable law, social or moral norms.
In the event of a breach by the Customer of the provisions of these Regulations, the Seller, after a previous unsuccessful call to stop or remove the violations, with an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

XIV. Personal data protection

The Seller processes the Customers' personal data in accordance with applicable regulations and the principles set out in the Privacy Policy on the website of the Store.

XV. Final Provisions

The provisions regarding the Consumer, contained in these Regulations, regarding withdrawal from the Agreement and liability for non-conformity of the Goods with the contract, with the exception of provisions on out-of-court methods of settling complaints and redress, apply to a natural person running a sole proprietorship who has concluded a contract directly related to its business, when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of the business activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
These Regulations will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
Settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
Settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the seat of the Seller.
Each Customer will be informed about any changes to these Regulations through the information on the main page of the Online Store containing a list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their list to the e-mail address provided by them.
The date of entry into force of the changes will not be less than 14 days from the date of their announcement.
In the event of non-acceptance of the new content of the Regulations, the Customer having an Account is obliged to notify the Seller about this fact within 14 days from the date of notification of the change in the Regulations. Notifying the Seller about the lack of acceptance of the new content of the Regulations results in the termination of the Agreement for the provision of the Account maintenance service.

Online store regulations

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