Regulations
INTERNET STORE REGULATIONS
The store available at http://www.lampywcentrum.pl/ ensures that customers feel comfortable and safe, and that purchases made in the store are always successful.. Store acts on the basis of current applicable law with respect for decency in business trading with a view for e-commerce standards in product quality and service of performed transactions in particular.
3. Order procedures and the moment of conclusion of sale
4.Payments
5.Shipping
8.Withdrawal from the contract - refunds of goods
9.Regulations of online services
Present regulation is a regulation reffered to in Article 8 the Act of 18 July 2002 on the providing services online (Dz. U. z 2002 r. Nr 144, poz. 1204 ze zm.) and also it regulates conditions of concluding sales contract in online store according to content of other Acts which respectively regulates this obligation.
Customer before placing an order has a right to negotiate terms and conditions with the Seller. In case when the Customer resigns from the opportunity of concluding an agreement through individual negotiations present regulations and generally applicable laws are applied.
I Definitions
Unless the content of the Regulations provides otherwise, the terms contained in these Regulations should be properly understood:
1.1. REGULATION - present Regulation together with attachments; informs about duties and authorizations of both Contracting Parties;
1.2. CONTRACTING PARTY - Customer or Seller;
1.3. DISTANCE CONTRACT - Distance contract concluded by Contracting Parties with simultaneous absence both Contracting Parties; Contract is concluded with the use of long-distance communication channels, available in the Store;
1.4. COMMUNICATION CHANNELS - long-distance forms of placing an orders;
1.5. STORE - online store available at http://www.lampywcentrum.pl/;
1.6. SELLER - Wacław Borowski conducting business activity under the name: F.H. WYPOSAŻENIE MIESZKAŃ WACŁAW BOROWSKI with headquarters at ul. Gdyńska 32, 62-004 Czerwonak with the number NIP: 7780157263, REGON: 630169783, entered in the CEIDG (Central Register and Information on Economic Activity);
1.7. CONTRACTOR - Wacław Borowski conducting business activity under the name: F.H. WYPOSAŻENIE MIESZKAŃ WACŁAW BOROWSKI with headquarters at ul. Gdyńska 32, 62-004 Czerwonak with the number NIP: 7780157263, REGON: 630169783, entered in the CEIDG (Central Register and Information on Economic Activity);
1.8. CUSTOMER - a natural person with a full capacity for legal actions, legal person as well as an organizational unit without legal personality, to which the Act grants full capacity for legal actions, who buys products via online store e-mail address or uses contact form available at http://www.lampywcentrum.pl/;
1.9. CONSUMER - a natural person who buys products via Online Store, by phone or e-mail in order not related directly with its business or professional activity;
1.10. BUYER - Customer and Consumer together;
1.11. RECIPIENT - natural person, legal person as well as an organizational unit without legal personality, to which the Act grants full capacity for legal actions, who uses contact form;
1.12. ORDER - conclusion of contract of sale offer placed by Buyer via website ;
1.13. USER - every subject using website;
1.14. CONTRACT OF SALE - contract of sale goods concluded between Seller and Buyer via online store;
1.15. PRODUCT - every object sold via online store;
1.16. PAYMENT METHOD - form of payment for offered product chosen by Buyer during placing an Order offered by Store or as a result of individual arrangements conducted with Store in other form than presented payment methods on website;
1.17. DELIVERY METHOD - form of delivery of the ordered product, chosen by Buyer during placing an Order or as a result of individual arrangements conducted with Store in other form than presented payment methods on website;
1.18. SALE DOCUMENT - VAT invoice or receipt, depending on the Buyer's instructions;
1.19. ATTACHMENTS - information on the right to withdraw from the contract and a model withdrawal form;
1.20. CODE OF GOOD PRACTICES - a set of rules of conduct, adopted in the generally applicable law in the form of ethical and professional standards in order to counteract unfair market practices, which is used by the Seller;
1.21. INFORMATION - information about the product, located next to the product photo, which is a description of the most important terms and characteristics of the product, enabling the Buyer to become familiar with its properties;
1.22. CART - a form of storage for products selected by the Buyer for later purchase;
1.23. PRODUCT RELEASE PLACE - place indicated by the Buyer in the order, to which the product purchased by the Buyer is going to be delivered;
1.24. PRODUCT RELEASE TIME - the moment in which the Buyer or another person authorized to receive the product covers the product that is the subject of the contract;
1.25. COMPLAINTS ADDRESS AND WITHDRAWAL ADDRESS - address or addresses indicated by the Seller as the addresses for submitting specific statements, being the addresses for correspondence;
1.26. SUBJECT OF THE AGREEMENT or SUBJECT OF BENEFIT - products or services selected by the Buyer that are the subject of the Agreement or the subject of the Benefit; the scope of the subject of the Agreement also includes the provision of the Product Delivery by the Seller, if the Buyer chooses one of the product delivery forms offered by the Seller;
1.27. SERVICES PROVIDED BY ELECTRONIC MEANS - functionalities of the ICT system and IT enabling the Service Provider to offer specific technical solutions such as enabling the possibility of placing an Order via the Contact Form located in the Online Store; without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the Service Recipient, sent and received by means of electronic processing devices, including digital compression, and data storage, which are fully transmitted, received or transmitted via a telecommunications network in the meaning of the Act of 16 July 2004 - Telecommunications Law;
1.28. IT SYSTEM - technical and IT structures as well as transmission software;
1.29. DEFECT – legal defect or physical defect of the purchased product.
- II. Preliminary provisions of the Regulations
2.1. The owner and administrator of the online store available at: http://www.lampywcentrum.pl is Wacław Borowski who runs a business under the name:F.H. WYPOSAŻENIE MIESZKAŃ WACŁAW BOROWSKI with headquarters at ul. Gdyńska 32, 62-004 Czerwonak with the number NIP: 7780157263, REGON: 630169783, entered in the CEIDG (Central Register and Information on Economic Activity)
2.2. The subject of the online store is the sale of lamps and other home furnishings products via the Internet.
2.3. All products offered in the store are brand new, free from physical and legal defects, and have been legally introduced to the Polish market.
2.4. The seller is obliged to provide the buyer with products without defects.
2.5. Communication with the Seller by the Buyer causes the Buyer to bear the costs arising from contracts concluded by the Buyer with third parties for the possibility of using certain forms of distance communication, the Seller does not charge any additional fees or services for the possibility of communicating with him.
2.6. The content of the Regulations, in the case of a separate decision of the Buyer, constitutes the content of the concluded Agreement between the Parties. The content of the Agreement is recorded in accordance with applicable regulations and made available to the Buyer on a durable medium in order to guarantee the Buyer the possibility of invoking it if necessary.
2.7. In order to conclude the Agreement with the Seller, the Buyer may exercise the right to negotiate the terms of the Agreement or conclude an Agreement with the Seller based on these Regulations.
2.8. The sale is carried out in the territory of the Republic of Poland.
2.9. The customer has the opportunity to read the Code of Good Practice for Entrepreneurs. The Code of Good Practice is contained in the Act of August 23, 2007 on counteracting unfair market practices. The current wording of the Act is available at http://isap.sejm.gov.pl/
2.10. The prices listed on the Online Store website are expressed in Polish zlotys and include VAT.
2.11. Buyers may place orders in the Store 24 hours a day, 7 days a week.
2.12. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer within the meaning of the Act of 23 April 1964 - Civil Code (Dz. U. nr 16, poz. 93 ze zm.), which he has applicable law. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions.
2.13. In matters not covered by these Regulations, the relevant provisions of law applicable in the territory of the Republic of Poland will apply, in particular the Act of 23 April 1964 - Civil Code (Dz. U. nr 16, poz. 93 ze zm.), the Act of 30 May 2014. on consumer rights ( Dz. U. 2014 poz. 827) and the Act of August 29, 1997 on the protection of personal data (tekst jedn.: Dz. U. z 2002 r. nr 101, poz. 926 ze zm.).
2.14. With respect to contracts concluded with customers who are entrepreneurs and having their registered office outside the Republic of Poland, only matters applicable to the territory of the Republic of Poland, in particular those listed in paragraph 1, shall apply to matters not regulated in these Regulations. 13 above.
2.15. With respect to contracts concluded with customers who are consumers having their habitual residence outside the Republic of Poland, only matters applicable to the territory of the Republic of Poland shall apply to matters not covered by these Regulations. The application of relevant provisions of law in force in the territory of the Republic of Poland does not, however, deprive the consumer of the protection granted to him on the basis of provisions which cannot be excluded by contract, under the law which applies in the territory of the country where the consumer has his habitual residence.
2.16. Customers can access these Regulations at any time via the link on the home page of the online store. Regulations can be recorded, acquired and reproduced by printing it or saving it on a suitable data carrier.
2.17. In the event of a dispute with the Seller, the consumer has the opportunity to settle the matter amicably by:
2.17.1. applying to a permanent amicable consumer court
2.17.2. mediation
2.17.3. asking the provincial inspector of Trade Inspection
2.17.4. get free help with dispute resolution from the Consumer Federation using the free consumer helpline 800 007 707.
- III Procedure for placing orders and the moment of conclusion of the sales contract
3.1. The Customer may place orders in the Store 24 hours a day, 7 days a week via the website http://www.lampywcentrum.pl/ using the Cart to place orders and by e-mail at: [email protected]. In addition, you can place orders by phone in Store opening hours on business days from Monday to Friday (excluding public holidays) under the number 0 61 85 30 005. Each time in the case of telephone orders, the content of the contract is confirmed by e-mail in order to ensure the safety and correctness of orders.
3.2. The Store responds immediately within 24 hours of notification, on working days from Monday to Friday, excluding public holidays during the store's working hours, i.e. from Monday to Friday 10:00-18: 00 and on Saturday 10:00 -14:00.
3.3. The store sells on Polish territory. Shipments abroad are also possible after prior agreement by the Parties.
3.4. Store exhibition receipt or VAT invoice for the products sold.
3.5. Product information presented on the Store's website does not constitute an offer within the meaning of the Civil Code; constitute an invitation to conclude a sales contract.
3.6. Placing an order is an offer within the meaning of the Civil Code, submitted to the Seller by the Buyer.
3.7. Product information presented on the Store's website does not constitute an offer within the meaning of the Civil Code; constitute an invitation to conclude a sales contract.
3.8. Registration and creation through the order form is possible when the Buyer is registered in his account. The buyer may also place an order without registering using the Cart or by e-mail or telephone.
3.9. In order to place an order through the form, the Buyer should add the product he intends to buy to the "Cart". Adding a product to the "Cart" does not mean placing an order. Products can be added or removed from the "Cart".
3.10. The "Cart" enables the Buyer to manage the ordered products and count the value of the order.
3.11. To finalize the order, add the products you selected to the "Cart". The next step is choosing the payment method and delivery method. After completing these steps, select the "I am ordering and paying" button if the order has been confirmed.
3.12. In the case of Buyers who are also entrepreneurs, the Company Name and Tax Identification Number should be indicated additionally.
3.13. Purchases made through the cart are possible after prior registration. Registration consists in filling in the fields marked as mandatory, i.e. name/surname/city/post code/street/house number, apartment/telephone number/e-mail.
3.14. After completing the fields marked above, a User account is created. Users are asked to update their information in order to correctly complete the order by the Seller at any stage, whether during the performance of the order or before.
3.15. After placing the correct order, the order is considered as accepted. Orders placed in this way are confirmed by email. The moment of concluding the contract is considered to be the sending of the order confirmation by the store.
3.16. The buyer may change the order by e-mail or phone, or withdraw the entire order if it has not been sent.
3.17. The buyer is informed by means of statutes about the stage of the contract. This option is available on the Buyer's Account.
3.18. The ordered goods will be delivered to the address indicated by the Buyer.
3.19. Usually, the goods are shipped within 14 days. In the event of extending the deadline, the Buyer is informed about this and makes appropriate decisions regarding the performance of the order. Each time the deadline, if different from the one indicated above, is given to the Buyer after confirming the order and appears next to each product during the order.
IV. Payment of the price for the goods
4.1. All prices in the Store are gross prices, including tax on goods and services (VAT).
4.2. The store provides the following types of payments:
4.2.1. prepayment - payment by bank transfer - after receiving confirmation by email of the order placed on the account: mBank: 59 1140 2004 0000 3402 6674 8426 specifying the title of payment and providing the Order No. and name of the Ordering Party
4.2.2. through the payU system
4.3. The Buyer purchases the goods and orders the service according to the prices and delivery costs applicable at the time of placing the order.
4.4. The Seller reserves the right to change prices and the amount of delivery costs, in particular in the event of a change in the price lists of services provided by the entity performing the delivery. This provision does not apply to orders already processed.
V Delivery fulfillment - information
5.1. Delivery takes place to the address indicated by the Buyer in the order.
5.2. The ordered goods are delivered in the manner chosen by the Buyer when placing the order.
5.3. The cost of delivery of the goods to the Buyer shall be borne by the Buyer.
5.4. The store offers the following delivery methods: Polish Post, Fedex Courier, DPD Courier.
5.5. If the Seller cannot perform the service due to the fact that the goods are not available immediately, but at the latest within thirty days of the conclusion of the Agreement, he will notify the Buyer, who will decide on the further fate of his order.
5.6. If the Seller cannot perform a service with properties individually ordered by the Buyer due to the temporary inability to meet it, the Seller may, with the consent of the Buyer, perform a substitute service, corresponding to the same quality and purpose, and for the same price or remuneration or in another manner agreed by the parties.
5.7. The buyer has the option of choosing a different form of delivery (carrier) than that offered on the Online Store Website. In this case, however, the risk of loss, damage and liability for the parcel upon its release by the Seller to the carrier lies with the Buyer.
5.8. In the case of the situation described above in item 7, information about the responsibility for the shipment is sent to the Buyer by the Seller by e-mail to the contact address provided after placing the order.
5.9. The customer has the option of picking up the goods in person at the company's headquarters after prior agreement with the Seller. Personal pickup is possible during the store's working hours.
5.10. It is recommended that the Buyer who is also a consumer within the meaning of Article 221 of the Civil Code, if possible, check the condition of the goods after delivery and in the presence of a representative of the entity performing the delivery (courier, postal operator, etc.) to write the appropriate report. Checking the shipment will facilitate and accelerate the pursuit of any claims from the entity responsible in the event of mechanical damage to the shipment arising during transport. In such situations, it is recommended that the Buyer contact the seller as soon as possible by phone: 61 8530 005 or by e-mail: [email protected]
5.11. The buyer who is not a consumer within the meaning of Article 221 of the Civil Code is obliged to check the condition of the goods after delivery and in the presence of a representative of the entity performing the delivery (courier, postal operator etc.). In the event of mechanical damage to the package during transport, the customer should write a damage report and immediately contact the seller by phone: 61 8530 005 or by e-mail: [email protected]
- VI Procedura Reklamacyjna
6.1. In the case of contracts concluded with Consumers within the meaning of Article 221 of the Civil Code, the Seller shall be liable to the Consumer under the rules set out in Article 556 and subsequent of the Civil Code for physical or legal defects (warranty).
6.2. The Seller is liable under the warranty if a physical defect is found within two years of the item being handed over to the Consumer, and if the subject of the sale is the item used within one year of the item being handed over to the Consumer.
6.3. The Consumer's claim to remove the defect or exchange the item sold for one free of defects expires after one year, counting from the day the defect was found, but not earlier than two years after the item was released to the Consumer, and if the subject of sale is an item used within one year from the moment of handing over the item to the Consumer.
6.4. If the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before the expiry of that period.
6.5. A physical defect consists in the non-compliance of the item sold with the Agreement. In particular, the item sold is inconsistent with the Agreement if:
6.5.1. it does not have properties that this kind of thing should have, due to the purpose specified in the Contract or resulting from circumstances or destination;
6.5.2. does not have properties that the Seller has provided to the Buyer, including the presentation of a sample or design;
6.5.3. it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the Contract, and the Seller did not raise any objections to its intended use;
6.5.4. has been released to the Buyer in an incomplete state
6.6. Equally with the Seller's assurance, the public assurances of the manufacturer or his representative, the person who places the item on the market in the scope of his business activity, and the person who, by placing the item sold in his name, trademark or other distinctive sign, presents himself as the manufacturer are treated.
6.7. The seller is released from the liability set out in point 6.5.3 only if:
6.7.1. proves that he did not know these assurances or judiciously he could not know;
6.7.2. demonstrates that the assurances could not have influenced the consumer's decision;
6.7.3. the content of the assurances was corrected before the conclusion of the Agreement with the Seller
6.7.4. the Item sold has a physical defect also in the event of incorrect installation and commissioning, if these activities were carried out by the Seller or a third party for which the Seller is responsible, or by the Buyer who followed the instructions received from the Seller.
6.8. n the case of a Contract with a Consumer, if a physical defect has been found within one year of delivery of the item, it is assumed that it existed at the time the danger passed to the Consumer. In the event of a defect being found after one year from the date of delivery of the item, the consumer must demonstrate that the defect existed in the product at the time of purchase.
6.9. The consumer, if the item sold has a defect, may:
6.9.1. make a statement requesting a price reduction;
6.9.2. make a statement of withdrawal from the Agreement;
6.9.3. demand replacement of the product with one free from defects;
6.9.4. demand that the defect be removed
6.10. The Consumer can not withdraw from the Contract if the defect is irrelevant.
6.11. The consumer who exercises the rights under the warranty is obliged at the expense of the Seller to deliver the defective item to the Complaint Address, and if, due to the type of item or the way it was installed, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where which thing is. In the event of non-performance of the obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
6.12. The seller asks that in order to facilitate the complaint process, attach a description of the non-compliance of the goods with the Contract.
6.13. The Seller will respond to the Customer's notification within 14 (fourteen) days. Otherwise, it is considered that the Seller has recognized the Consumer's statement or request as justified.
6.14. The Seller, in the event of a Consumer request specified in point 6.10 may exchange a defective item for a non-defective one or remove the defect, provided that it occurs immediately and without undue inconvenience to the Consumer.
6.15. However, if the item has already been replaced or repaired by the Seller or the Seller failed to satisfy the obligation to exchange the item for a non-defective one or remove the defect, he shall not be entitled to exchange the item or remove the defect.
6.16. The consumer may, instead of the removal of the defect proposed by the Seller, request the exchange of the item for a non-defective one or instead of the replacement demand the removal of the defect, unless bringing the item into compliance with the Agreement in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, while the assessment of excessive costs takes into account the value of the item free from defects, the type and significance of the defect as well as attention is paid to the inconvenience to which the Consumer would otherwise expose the satisfaction of the claim.
6.17. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the Contract in the manner chosen by the Consumer is impossible or requires excessive costs compared to the second possible way of bringing the item into compliance with the Contract.
6.18. In the event of a price reduction, the reduced price should remain in proportion to the price resulting from the Contract in which the value of the item with the defect remains to the value of the item without the defect.
6.19. The seller is obliged to replace the defective item for a non-defective one or remove the defect within a reasonable time without undue inconvenience to the consumer.
6.20. In a situation where a defective item has been installed, the Consumer may request the Seller to disassemble and re-assemble after having replaced it with a non-defective one or to remove the defect. In the event of non-performance of this obligation by the Seller, the Consumer is entitled to perform these activities at the expense and risk of the Seller.
6.21. The seller may refuse disassembly and reassembly if the cost of these activities exceeds the price of the item sold.
6.22. The consumer, in the case described above, may require the Seller to disassemble and reassemble, however, he is obliged to bear part of the costs associated with it in the value exceeding the price of the item sold, or may require the Seller to pay a portion of the cost of disassembly and reassembly, up to the price of the item sold.
6.23. In the case of contracts concluded with customers who are not also consumers within the meaning of Article 221 of the Civil Code, pursuant to Article 558 paragraph 1 of the Civil Code, the Seller's liability under the warranty is excluded.
6.24. Pursuant to the deadlines indicated in points 6.2, 6.3 and 6.4 of this section of the Regulations, the Consumer may submit a statement of withdrawal from speech or price reduction due to a physical defect of the item sold, and if the Consumer demanded replacement of the item for one free of defects or removal of the defect, the deadline for submission the statement on withdrawal from the Agreement or price reduction begins with the ineffective expiry of the deadline for replacing things or removing a defect.
6.25. In the event of an investigation before a court, an arbitration court of one of the rights under the warranty, the time limit for exercising other rights provided for in the Act, due to which the Consumer is entitled under this title, shall be suspended until the final termination of the proceedings in this case. Accordingly, these rules also apply to mediation proceedings, where the deadline for exercising other rights under the warranty, entitled to the Consumer, begins to run from the day the court refuses to approve the settlement before the mediator or the ineffective termination of mediation.
6.26. The period for exercising the rights under the warranty for legal defects of a sold item begins from the day on which the Consumer learned about the existence of the defect and if the Consumer learned about the existence of the defect only as a result of an action by a third party - from the day on which the decision or other decision of the authority issued in a dispute with a third party has become final.
6.27. If, due to a defect of the item sold, the Consumer has made a statement on withdrawal from the Contract or a price reduction, he may demand compensation for the damage he suffered because he concluded the Contract without knowing about the existence of the defect, even if the damage was a consequence of circumstances for which the Seller shall not be liable may demand reimbursement of the costs of concluding the Agreement, costs of collection, handling, storage and insurance of goods, reimbursement of expenses made to the extent that he benefited from them and did not receive their reimbursement from a third party and the costs of processes.
6.28. The above does not prejudice the generally applicable provisions on the obligation to repair damage on general principles.
6.29. In the event that the Seller conceals a defect, the expiry of the deadline shall not exclude the rights under the warranty.
6.30. The complaint address is: ul. Gdyńska 32, 62-004 Czerwonak.
- VII Warranty
7.1. Towary sprzedawane za pośrednictwem Sklepu internetowego mogą być objęte gwarancją producenta lub importera.
7.2. Sprzedawca udziela rocznej gwarancji na sprzedawany towar.
7.3. Szczegółowe warunki realizacji gwarancji są przedstawione w druku gwarancji wystawionej przez gwaranta.
- VIII Withdrawal from the contract - returns of goods as part of the withdrawal from the contract
8.1. The consumer, pursuant to Article 27 of the Act on Consumer Rights, who has concluded a distance contract, may withdraw from it without giving a reason and without incurring costs, except for the costs specified in Articles 33, 34 and 35 of the Act on Consumer Rights, by submitting a relevant written statement within fourteen days of the date of delivery of the subject of the contract to him. To comply with this deadline, it is sufficient to send a statement before its expiry. The statement can be sent by e-mail to the following address: [email protected] or by post to the following address: F.H.WYPOSAŻENIE MIESZKAŃ WACŁAW BOROWSKI
ul. Gdyńska 32, 62-004 Czerwonak
8.2. The statement may be made on the form which constitutes the Attachment to these Regulations and which was sent to the Consumer along with the product, also available at http://www.lampywcentrum.pl/ or in another form, in accordance with the Act on Consumer Rights.
8.3. Along with the statement referred to in point 1, the Customer is also asked to send information about the current account number to which the refund should be made.
8.4. The Seller confirms to the Consumer immediately upon receipt of the withdrawal notice that it has been received. Such confirmation is sent to the e-mail address provided on the Order or indicated as contact on the submitted statement of withdrawal from the contract.
8.5. In the event of withdrawal from the Agreement, the Agreement is considered null and void.
8.6. The Consumer is obliged to return the product or products immediately, no later than 14 days from the day on which he withdrew from the Contract.
8.7. The Consumer returns the subject or objects of the Agreement from which he withdrawn at his own risk and cost.
8.8. The consumer is responsible for reducing the value of the product or products that are the subject of the Agreement, following the use of the product or products in a way that goes beyond the ordinary management of the product, in order to determine the characteristics, functionality and nature of the product.
8.9. The Seller shall promptly, not later than within 14 days from the date of receipt of the statement on withdrawal from the Agreement by the Consumer, return to the Consumer all payments made by him, including the cost of delivery of the product, provided that:
8.10. 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 return which does not involve any costs for him;
8.11. If the Consumer chooses a method of product delivery other than the cheapest regular delivery method offered by the Seller, the Seller shall not be obliged to refund the additional costs incurred by the Consumer;
8.12. 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 functionality as referred to in point 8 above;
8.13. The Consumer, in the event of withdrawal from a distance contract for services started with the consent of the consumer before the deadline to withdraw from the contract, is required to pay for the services fulfilled until the withdrawal from the contract.
8.14. The amount of payment is calculated in proportion to the scope of the service rendered, taking into account the price or remuneration agreed in the Agreement. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.15. The Consumer does not bear the costs of providing digital content that is not stored on a tangible medium, if he did not agree to the performance of the service before the deadline to withdraw from the Contract or was not informed about the loss of his right of withdrawal from the Contract at the time of granting such consent or the entrepreneur did not provide confirmation in accordance with article 15, paragraph 1 and article 21, paragraph 1 of the Act on Consumer Rights.
8.16. The Seller may withhold the reimbursement of the payment received from the Consumer until he receives the item back or the Consumer provides proof of sending it back, depending on which event occurs first.
8.17. The Consumer, in accordance with article 39 of the Act on Consumer Rights, is not entitled to withdraw from the Contract in cases of:
8.17.1. providing services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the start of the service that after fulfilling the service by the entrepreneur will lose the right to withdraw from the Agreement
8.17.2. 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 Agreement;
8.17.3. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy his individual needs;
8.17.4. in which the subject of the service is an item subject to rapid deterioration or having a short shelf life;
8.17.5. in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
8.17.6. in which the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things;
8.17.7. in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and whose delivery may take place only after 30 days, and whose value depends on fluctuations in the market over which the entrepreneur has no control;
8.17.8. in which the consumer explicitly demanded that the entrepreneur visit him for urgent repair or maintenance; if the entrepreneur provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary to perform the repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of additional services or items;
8.17.9. in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
8.17.10. for delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
8.17.11. concluded through a public auction;
8.17.12.for the provision of accommodation services other than for residential purposes, the carriage 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;
8.17.13. for the supply of digital content that is not saved on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the Agreement and after being informed by the entrepreneur about the loss of the right to withdraw from the Agreement;
- IX Regulations regarding the provision of electronic services
9.1. The Service Provider provides the following electronic services via the online store available at http://www.lampywcentrum.pl/:
9.1.1. opening and maintaining an account in the online store
9.1.2. placing an order via the form
9.1.3. newsletter
9.2. Provision of electronic services by the Service Provider is free.
9.3. The contract for the provision of electronic services consisting of maintaining an account in the online store and the provision of the newsletter service are concluded for an indefinite period.
9.4. The contract for the provision of electronic services consisting in enabling the submission of orders via the appropriate Form is concluded for a definite period of time and terminates when the order is placed or the Customer ceases to place the order.
9.5. The technical requirements necessary for cooperation with the ICT system are: a computer with Internet access, access to e-mail, Internet browser: Internet Explorer version 7.0 or newer with JavaScript and cookies enabled, Mozilla Firefox version 4.0 or newer with JavaScript enabled and cookies or Google Chrome version 8 or later. Recommended screen resolution is 1024x768.
9.6.The Service Recipient is obliged to use the online store in a manner consistent with the law and decency, while respecting personal rights and intellectual property rights of third parties. The Service Recipient is forbidden to provide illegal content. It is forbidden to use electronic services in a way that unlawfully interferes with the functioning of the online store by using specific software or devices and sending or placing unsolicited commercial information in the online store.
9.7. The Service Recipient may submit complaints related to the provision of electronic services via the online store http://www.lampywcentrum.pl/ by sending an e-mail to the e-mail address: [email protected] or in writing to the following address: F.H. WYPOSAŻENIE MIESZKAŃ WACŁAW BOROWSKI ul . Wrocławska 14, 61-838 Poznań. The Service Provider will consider the complaint immediately, no later than within 14 days from the date of submission of the complaint.
9.8. The Service Provider will answer the complaint to the e-mail address provided by the Customer or in another way agreed by the parties.
- X Final Provisions
10.1. The development of internet technology, legislative changes in the field of personal data protection and the development of the store may affect the changes in the regulations.
10.2. Changing the content of these Regulations may occur after informing Users about the scope of the envisaged changes no later than within 14 days before their entry into force.
10.3. Orders placed during the previous version of the regulations will be processed in accordance with its provisions.
10.4. Any disputes arising between the Seller and the Customer who is a consumer within the meaning of Article 221 of the Civil Code will be settled by a common court having jurisdiction in accordance with the provisions of the Code of Civil Procedure.
10.5. Any disputes arising between the Seller and the Customer who is not a consumer within the meaning of Article 221 of the Civil Code will be settled by a court of law competent for the seat of the Store.
10.6. Users can contact the Seller in the following ways:
10.6.1. telephone: 61 8530 005
10.6.2. e-mail address: [email protected]
10.6.3. in writing to the address: F.H. WYPOSAŻENIE MIESZKAŃ WACŁAW BOROWSKI, ul. Gdyńska 32, 62-004 Czerwonak
10.7. The name of the online store address at which it is available: http://www.lampywcentrum.pl/ and all materials contained in it are subject to copyright and are protected by law. Using and distributing them without the consent of the store owner is prohibited.
10.8. These regulations apply from December 29, 2014.
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