REGULATIONS OF THE ONLINE STORE SYSTEMY-OCIEPLEN.PL
TABLE OF CONTENTS:
- GENERAL
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS FOR CONCLUDING A SALES CONTRACT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- COMPLAINT HANDLING PROCEDURE
- OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND REDRESS AND RULES FOR ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL
- PROVISIONS RELATING TO ENTREPRENEURS
- PRODUCT REVIEWS
- FINAL PROVISIONS
- MODEL WITHDRAWAL FORM
These Online Store Regulations have been prepared by the lawyers of the Prokonsumencki.pl website. The Online Store does https://systemy-ocieplen.pl care about consumer rights. The consumer may not waive the rights granted to him in the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights they are entitled to under mandatory provisions of law, and any possible doubts should be translated in favor of the consumer. In the event of any non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail and shall be applied.
- GENERAL
- The Online Store available at the Internet address https://systemy-ocieplen.pl is run by XPLO SPóŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Bydgoszcz (registered office address and correspondence address: Magazynowa 8, 85-790 Bydgoszcz); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000462473; registry court in which the company's documentation is stored: District Court in Bydgoszcz, XIII Commercial Division of the National Court Register; share capital in the amount of: PLN 5,000.00; VAT number: 5542921124; Identification number: 341428142; e-mail address: [email protected], contact telephone number: (+48) 884-884-744.
- These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise.
- The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for a period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the related provision of personal data by the Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory obligations of the Seller).
- Definitions:
- WORKING DAY - one day from Monday to Friday, excluding public holidays.
- REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
- ORDER FORM - Electronic Service, an interactive form available in the Online Store that allows you to place an Order.
- CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity - which has concluded or intends to conclude a Sales Agreement with the Seller.
- CIVIL CODE - the Civil Code Act of 23 April 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).
- ACCOUNT - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient a set of resources in the Service Provider's ICT system, in which data provided by the Customer and information about Orders placed by him in the Online Store are collected.
- NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, new products and promotions in the Online Store.
- OFFER - an offer to conclude a Product Sales Agreement with the Customer submitted by the Seller to the Customer in response to his Order.
- PRODUCT - a movable item or service available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
- REGULATIONS - these regulations of the Online Store.
- ONLINE STORE - the Service Provider's online store available at the Internet address: https://systemy-ocieplen.pl
- SALESPERSON; SERVICE PROVIDER - XPLO Spółka z ograniczoną odpowiedzialnością with its registered office in Bydgoszcz (registered office address and correspondence address: Magazynowa 8, 85-790 Bydgoszcz); entered into the Register of Entrepreneurs of the National Court Register under KRS number 0000462473; registry court in which the company's documentation is stored: District Court in Bydgoszcz, XIII Commercial Division of the National Court Register; share capital in the amount of: PLN 5,000.00; VAT number: 5542921124; Identification number: 341428142; E-mail address: [email protected].
- SALES AGREEMENT - a contract for the sale of the Product concluded or concluded between the Customer and the Seller via the Online Store.
- ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store.
- SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity - using or intending to use the Electronic Service.
- ACT ON CONSUMER RIGHTS - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
- ORDER - the Customer's statement constituting an invitation to conclude a Product Sales Agreement with the Seller.
- ELECTRONIC SERVICES IN THE ONLINE STORE
- The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
- Account - the use of the Account is possible after completing a total of three consecutive steps by the Customer - (1) completing the Registration Form, (2) clicking the "Send" field and (3) confirming the willingness to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. In the Registration Form, it is necessary for the Customer to provide the following data of the Customer: name and surname / company name, address (street, house / flat number, postal code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
- The Electronic Account service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: [email protected] or in writing to the following address: Magazynowa 8, 85-790 Bydgoszcz.
- Order Form - using the Order Form requires an Account. Placing an Order begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer performs a total of two subsequent steps - (1) after completing the Order Form and (2) clicking the "Place an inquiry" field on the Online Store website after completing the Order Form - until that moment it is possible to modify the entered data yourself (to do this, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname / company name, address (street, house / flat number, postal code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product / s, quantity of Product (s), place and method of delivery of the Product (s), method of payment. In the case of customers who are not consumers, it is also necessary to provide the company name and NIP number.
- The Electronic Order Form service is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place an Order through it.
- Newsletter - the use of the Newsletter takes place after providing an e-mail address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the "Save" field.
- The Electronic Newsletter Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: [email protected] or in writing to the following address: Magazynowa 8, 85-790 Bydgoszcz.
- Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) computer, laptop, telephone or other multimedia device with Internet access; (2) access to electronic mail; (3) the most current web browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the possibility of saving cookies and Javascript in the web browser.
- The Service Recipient is obliged to use the Online Store in a manner consistent with the law and morality, bearing in mind respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the facts. The Service Recipient is prohibited from providing illegal content.
- The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.
- CONDITIONS FOR CONCLUDING A SALES CONTRACT
- Announcements, advertisements, price lists and other information about Products provided on the Online Store websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude a contract within the meaning of art. 71 of the Civil Code. The Seller's Offer submitted in response to the Customer's Order is binding.
- The price of the Product, as well as delivery costs and other possible fees (e.g. payment operator's commission), are indicated in the Offer, include taxes and are given, according to the Customer's choice, in Polish zlotys (PLN), in US dollars (USD) or in euros (EUR).
- The binding price of the Product is the price indicated in the Seller's Offer submitted to the Customer in response to his Order.
- Conclusion of the Sales Agreement using the Order Form:
- In order to conclude the Sales Agreement, it is necessary for the Customer to place an Order in advance.
- After placing the Order, the Seller immediately confirms its receipt. Confirmation of receipt of the Order takes place by sending an appropriate message to the Customer's e-mail address containing the Seller's statement on receipt of the Order.
- Then, within 3 Business Days, the Seller sends the Customer an Offer in response to the Order placed by him. The Offer is sent by sending an appropriate message to the Customer's e-mail address.
- Then, within 3 Business Days (the period of validity of the Offer) the Customer may accept the Seller's Offer.
- Upon receipt by the Seller of the Customer's statement on acceptance of the Offer, a Sales Agreement is concluded between the Customer and the Seller.
- If the Customer accepts the Offer, the Seller shall immediately confirm the fact of its acceptance by sending an appropriate message to the Customer's e-mail address.
- The content of the concluded Sales Agreement is consolidated, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer an e-mail message referred to in point 3.4.6. Rules. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- The Customer indicates only the preferred method of payment in the Order placed in the Online Store. The Seller, presenting the Offer to the Customer, may propose a different method of payment than the one chosen by the Customer, if the payment method chosen by the Customer in a given situation is impossible to implement or for other reasons unavailable.
- By default, the Seller provides the Customer with the following methods of payment under the Sales Agreement:
- Payment in cash on delivery on delivery (available only for Product delivery within Poland).
- Payment in cash on personal collection.
- Payment by bank transfer to the Seller's bank account:
- Santander Bank Polska (EURO)
- Bank account number: 44 1090 1072 0000 0001 4719 8671
- Ne IBAN: PL44 1090 1072 0000 0001 4719 8671
- SWIFT/BIC: WBKPPLPP
- Santander Bank Polska (PLN)
- Bank account number: 19 1090 1072 0000 0001 3556 0382
- nr IBAN: PL19 1090 1072 0000 0001 3556 0382
- SWIFT/BIC: WBKPPLPP
- Santander Bank Polska (USD)
- Bank account number: 48 1090 1072 0000 0001 5328 6416
- IBAN: PL48 1090 1072 0000 0001 5328 6416
- SWIFT/BIC: WBKPPLPP
- Santander Bank Polska (GBP)
- Bank account number: 28 1090 1072 0000 0001 5328 6485
- nr IBAN: PL28 1090 1072 0000 0001 5328 6485
- SWIFT/BIC: WBKPPLPP
- Santander Bank Polska (CZK)
- Bank account number: 42 1090 1072 0000 0001 5328 6621
- Ne IBAN: PL42 1090 1072 0000 0001 5328 6621
- SWIFT/BIC: WBKPPLPP
- Santander Bank Polska (DKK)
- Bank account number: 13 1090 1072 0000 0001 5328 6561
- nr IBAN: PL13 1090 1072 0000 0001 5328 6561
- SWIFT/BIC: WBKPPLPP
- Santander Bank Polska (SEK)
- Bank account number: 11 1090 1072 0000 0001 5488 4187
- IBAN-nummer: PL11 1090 1072 0000 0001 5488 4187
- SWIFT/BIC: WBKPPLPP
- Electronic payments and card payments via the PayPal.com, Przelewy24.pl - possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website https://www.paypal.com/pl, http://www.przelewy24.pl/.
- Settlements of electronic payments and payment card transactions are carried out according to the Customer's choice via the PayPal.com or Przelewy24.pl website. Electronic payments and payment card payments are handled by:
- PayPal.com - PayPal (Europe) S.à r.l. & Cie, S.C.A., 5th floor 22-24 Boulevard Royal, L-2449, Luxembourg.
- Przelewy24.pl - PayPro S.A. with its registered office in Poznań (registered office address: Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.
- Electronic payments, by payment card, Blik as part of the imoje service, operated by ING Bank Śląski SA., Sokolska 34, 40-086 Katowice, entered into the Register of Entrepreneurs in the District Court Katowice - Wschód VIII Commercial Division of the National Court Register under KRS number 0000005459, share capital in the amount of PLN 130,100,000.00 paid in full, NIP: 634-013-54-75, REGON: 271514909. The "Buy with Twisto" payment deferral service as part of the imoje service is provided by Twisto Polska Spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw at Puławska 2, postal code: 02-566 Warsaw, registered in the Register of Entrepreneurs kept by the District Court for the m.st. of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0000689624, NIP number: 9512442875, REGON: 367977970, with share capital of PLN 1,000,000.
- Payments in installments - payment is made in whole or in part from funds from a loan granted by SANTANDER CONSUMER BANK S.A. with its registered office in Wrocław (registered office address: Strzegomska 42c, 53-611 Wrocław), share capital PLN 520,000,000.00 (paid in full), registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Wrocław - Fabryczna in Wrocław, VI Commercial Department of the National Court Register under KRS number: 0000040562, NIP: 5272046102, REGON: 012736938.
- Payment term:
- If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 5 calendar days from the date of conclusion of the Sales Agreement.
- If the Customer chooses cash on delivery or cash on delivery, the Customer is obliged to make a payment on delivery.
- If the Customer chooses the "Buy with Twisto" payment, the Customer is obliged to make a payment to Twisto Polska Sp. z o.o. with its registered office in Warsaw within 21 calendar days from the date of conclusion of the Sales Agreement, in accordance with the regulations of the "Buy with Twisto" purchase formula.
- If the Customer chooses to pay in installments, the Customer is obliged to make a payment to the selected lender in accordance with the adopted repayment schedule.
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and in the Offer.
- Personal collection of the Product by the Customer is free of charge. If the Customer does not collect the Product within the time limit agreed in the Sales Agreement, the Seller may call the Customer to collect the Product, setting him an appropriate additional deadline for its collection, provided that after this period he is entitled to charge fees for non-contractual storage of items, including storage costs incurred.
- The Customer indicates only the preferred method of delivery in the Order placed in the Online Store. The Seller, presenting the Offer to the Customer, may propose a different method of delivery than the one chosen by the Customer, if the delivery method chosen by the Customer in a given situation is impossible to implement or for other reasons unavailable.
- By default, the Seller provides the Customer with the following methods of delivery or collection of the Product:
- Shipping by forwarding (parcel)
- Postal delivery
- Shipping by forwarding (pallet)
- Collection of the Product by the Customer (Customer's own transport) available at the address and on the date indicated to the Customer in the Offer - after prior arrangement of the possibility of personal collection with the Seller.
- Seller's own transport.
- The date of delivery of the Product to the Customer / the date of readiness of the Product for collection is each time given to the Customer by the Seller in the Offer. The beginning of the delivery period of the Product to the Customer is counted as follows:
- If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
- If the Customer chooses the method of payment in cash on delivery - from the date of conclusion of the Sales Agreement.
- If the Customer chooses the method of payment in installments or deferred payment "Buy with Twisto" - from the date of notification to the Seller by the lender or Twisto Polska Sp. z o.o. about the conclusion of a loan agreement with the Customer, but no later than from the date of crediting the Seller's bank account with funds from the loan granted to the Customer.
- COMPLAINT HANDLING PROCEDURE
- This point 6. The Regulations define the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store.
- A complaint may be submitted, for example:
- in writing to the following address: Magazynowa 8, 85-790 Bydgoszcz;
- in electronic form via e-mail to the following address: [email protected].
- Sending or returning the Product as part of the complaint may take place to the following address: Magazynowa 8, 85-790 Bydgoszcz.
- It is recommended to provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities or lack of conformity with the contract; (2) request the manner of bringing the contract into conformity or a statement of price reduction or withdrawal from the contract or other claim; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
- In the event of a change in the contact details provided by the complainant during the consideration of the complaint, he is obliged to notify the Seller about it.
- The complaint may be accompanied by evidence (e.g. photos, documents or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos) if this facilitates and accelerates the consideration of the complaint by the Seller.
- The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its receipt.
- The basis and scope of the Seller's statutory liability are defined by generally applicable laws, in particular in the Civil Code, the Act on Consumer Rights and the Act on the provision of electronic services of 18 July 2002 (Dz.U. No. 144, item 1204, as amended). Below are additional information regarding the Seller's liability for the compliance of the Product with the Sales Agreement provided for by law:
- In the case of a complaint about a Product purchased by the Customer on the basis of a Sales Agreement concluded with the Seller until 31 December 2022, they shall specify the provisions of the Civil Code in the wording in force until 31 December 2022, in particular Articles 556-576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller's liability towards the Customer if the Product sold has a physical or legal defect (warranty). Pursuant to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.
- In the case of a complaint about a Product purchased by the Customer on the basis of a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in the wording in force from January 1, 2023, in particular Articles 43a - 43g of the Consumer Rights Act, shall specify. These provisions specify, in particular, the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
- In addition to the statutory liability, a warranty may be granted for the Product - this is a contractual (additional) liability and can be used when the Product is covered by the warranty. The guarantee may be granted by an entity other than the Seller (e.g. by a manufacturer or distributor). Detailed conditions regarding liability under the guarantee, including details of the entity responsible for the implementation of the guarantee and the entity entitled to use it, are available in the description of the guarantee, e.g. in the warranty card or in another place regarding the granting of the guarantee. The Seller indicates that in the event of non-compliance of the Product with the contract, the Customer is entitled to legal remedies from and at the expense of the Seller by operation of law and that the warranty does not affect these legal remedies.
- The provisions concerning the consumer contained in point 6.8.2 of the Regulations also apply to the Customer who is a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
- OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND REDRESS AND RULES FOR ACCESS TO THESE PROCEDURES
- Detailed information on the possibility of using out-of-court complaint and redress methods by the Customer who is a consumer and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
- The President of the Office of Competition and Consumer Protection also has a contact point (phone: 22 55 60 333, email: [email protected] or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among others, to provide assistance to consumers in matters related to out-of-court resolution of consumer disputes.
- The consumer has the following examples of possibilities of using out-of-court complaint and redress methods: (1) a request to settle a dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity by the Seller); and (3) assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at [email protected] and at the consumer hotline number 801 440 220 (helpline open on Business Days, from 8:00 a.m. to 18:00 p.m., call fee according to the operator's tariff).
- A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the website of the platform itself or at the Internet address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
- RIGHT OF WITHDRAWAL
- A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A statement of withdrawal from the contract may be submitted:
- in writing to the following address: Magazynowa 8, 85-790 Bydgoszcz;
- in electronic form via e-mail to the following address: [email protected].
- An exemplary model withdrawal form is included in Annex 2 to the Act on Consumer Rights and is additionally available in point 12 of the Regulations and on the Online Store website in the tab regarding withdrawal from the contract. The consumer may use the model form, but it is not obligatory.
- The period for withdrawal from the contract begins:
- for a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or (2) consists in regular delivery of the Products for a definite period of time - from taking possession of the first of the Products;
- for other contracts - from the date of conclusion of the contract.
- In the event of withdrawal from the contract, the contract is considered void.
- The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product. The seller shall refund the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of refund which does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or until the consumer provides proof of its return, whichever occurs first.
- The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller offered to collect the Product himself. To meet the deadline, it is sufficient to send the Product back before its expiry. The Consumer must return the Product to the address indicated each time by the Seller in response to the statement of withdrawal from the contract.
- The Consumer is responsible for reducing 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.
- Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
- The Consumer bears the direct costs of returning the Product. In the case of products that cannot be returned by post in the usual way (bulky shipments), the consumer may incur higher costs of sending them back, according to the following exemplary price list of one of the carriers: https://www.sendit.pl/cennik/cenniki-krajowe/fedex.
- In the case of a Product constituting a service, the performance of which - at the express request of the consumer - began before the deadline to withdraw from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the service provided.
- The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts:
- (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller he will lose the right to withdraw from the contract, and has taken note thereof; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy his individual needs; (4) in which the subject of the service is a Product subject to rapid deterioration or having a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other things; (7) in which the consumer expressly demanded that the Seller come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is entitled to the consumer in relation to additional services or Products
- Contained in this section 8. The provisions concerning the consumer shall apply from 1 January 2021 and for contracts concluded from that date also to the Customer or the Customer who is a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
- PROVISIONS RELATING TO ENTREPRENEURS
- This point 9. The Regulations and all provisions contained therein are addressed and thus bind only the Customer or Service Recipient who is not a consumer. In addition, from 1 January 2021 and for contracts concluded from that date, this point of the Regulations and all provisions contained therein are not addressed and thus do not bind the Customer or Service Recipient who is a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for this person, resulting, in particular, from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity, unless the application of the provisions contained in this point of the Regulations to these persons is not prohibited.
- The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
- The Seller's liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded
- The Seller will respond to the complaint within 30 calendar days from the date of its receipt.
- The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
- The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Customer an appropriate statement.
- The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited - both as part of a single claim as well as for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than to the amount of one thousand zlotys. The amount limitation referred to in the previous sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or not related to the Sales Agreement. The Service Provider/Seller shall be liable to the Customer/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller is also not responsible for delays in the transport of the shipment.
- Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient shall be submitted to the court competent for the seat of the Seller / Service Provider
- PRODUCT REVIEWS
- The Seller allows its Customers to issue and access opinions about the Products and the Online Store on the terms set out in this section of the Regulations.
- Issuing an opinion by the Customer is possible after using the form enabling the addition of an opinion about the Product or Online Store. This form can be made available directly on the Online Store website (including using an external widget) or it can be made available using an individual link received by the Customer after the purchase to the e-mail address provided by him. When adding an opinion, the Customer may also add a graphic rating or a photo of the Product - if such an option is available in the feedback form.
- An opinion about the Product may be issued only to the actually purchased Products in the Seller's Online Store and by the Customer who purchased the reviewed Product. It is forbidden to conclude fictitious or apparent Sales Agreements in order to leave an opinion about the Product. An opinion about the Online Store may be issued by a person who is a Customer of the Online Store.
- Adding opinions by Customers may not be used for unlawful activities, in particular for activities constituting an act of unfair competition, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties. By adding an opinion, the Customer is obliged to act in accordance with the law, these Regulations and good customs.
- Reviews may be made available directly on the Online Store website (e.g. for a given Product) or on an external website collecting opinions with which the Seller cooperates and to which he refers on the Online Store website (including using an external widget placed on the Online Store website).
- The Seller ensures that the published opinions about the Products come from his Customers who purchased the Product. To this end, the Seller takes the following actions to check whether the reviews come from its Customers:
- Publication of an opinion issued using the form available directly on the Online Store website requires prior verification by the Seller. Verification consists in checking the compliance of the opinion with the Regulations, in particular checking whether the person giving the opinion is a Customer of the Online Store - in this case, the Seller checks whether the person made a purchase in the Online Store, and in the case of an opinion about the Product, additionally checks whether he purchased the reviewed Product. Verification shall take place without undue delay.
- The Seller sends its Customers (including via an external service collecting opinions with which it cooperates) an individual link to the e-mail address provided by him during the purchase - in this way, access to the feedback form is granted only to the Customer who purchased the Product in the Online Store.
- In case of doubts of the Seller or objections addressed to the Seller by other Customers or third parties, whether a given opinion comes from the Customer or whether a given Customer bought a given Product, the Seller reserves the right to contact the author of the opinion to clarify and confirm that he is actually a Customer of the Online Store or purchased the reviewed Product.
- Any comments, appeals against the verification of the opinion, or reservations whether a given opinion comes from the Customer or whether a given Customer bought a given Product may be reported in the same way as the complaint procedure indicated in point 6. Rules.
- The Seller does not post or commission the posting of false opinions or recommendations of Customers to another person and does not distort the opinions or recommendations of Customers in order to promote its Products. The seller provides both positive and negative reviews. The seller does not share sponsored reviews.
- FINAL PROVISIONS
- Agreements concluded through the Online Store are concluded in Polish.
- Changes to the Regulations:
- The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
- In the case of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are binding on the Service Recipient, if the requirements set out in art. 384 and 384 [1] of the Civil Code have been met, i.e. the Customer has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations results in the introduction of any new fees or an increase in the current ones, the Customer has the right to withdraw from the contract.
- In the event of concluding contracts of a different nature than continuous contracts (e.g. Sales Agreement) on the basis of these Regulations, amendments to the Regulations will in no way affect the acquired rights of Service Recipients / Customers before the date of entry into force of amendments to the Regulations, in particular amendments to the Regulations will not affect already placed or placed Orders and concluded, implemented or executed Sales Agreements.
- In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.
- These Regulations do not exclude the provisions in force in the country of habitual residence of the consumer concluding a contract with the Service Provider / Seller, which cannot be excluded by agreement. In such a case, the Service Provider/Seller guarantees the consumer the protection granted to him by provisions that cannot be derogated from by contract.
- MODEL WITHDRAWAL FORM (ANNEX 2 TO THE ACT ON CONSUMER RIGHTS)
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
- Addressed:
XPLO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Magazynowa 8, 85-790 Bydgoszcz
systemy-ocieplen.pl
[email protected]
- I/We(*) hereby give notice of my/our withdrawal from the contract for the sale of the following items(*) of the contract for the supply of the following items(*) of a contract for specific work consisting in the performance of the following items(*)/for the provision of the following service(*) - Date of conclusion of the contract(*)/receipt(*)
- Consumer's name
- Consumer's address
- Consumer's signature (only if the form is sent on paper)
- Data
(*) Delete as appropriate.