1.1 The online store operating at https://hurtownia.proman-czapki.pl/ (hereinafter referred to as the Store) is owned by Proman Roman Płonka (hereinafter referred to as the Seller), conducting business under the name "Proman Roman Płonka", business address: Warchałowskiego 75, 30-399 Kraków NIP: 679-101-24-96 entered in the Central Register of Registration and Information on Business Activity conducted by the competent minister for economy (www.firma.gov.pl), tel: +48 606 253 540
1.2 These Regulations define the rules for the use of the Shop, and in particular the rights and obligations of the Seller and the Customer, the rules for placing orders and the conclusion and termination of sale and purchase agreements relating to products offered by the Seller, as well as the rules for the performance of these agreements and the principles of the complaint procedure and personal data protection. These Terms and Conditions also set out the rules for the provision of services by electronic means, which are provided only to the extent necessary to enable customers to make purchases through the Store.
1.3 Customers can at any time gain free access to these Regulations on the website https://hurtownia.proman-czapki.pl/, including downloading and archiving the content of the Regulations or make a printout. The Regulations are also made available to Customers in the course of the order placement procedure.
1.4 These Terms and Conditions are addressed to both consumers and businesses using the Store, with the exception of points 7 and 8 of the Terms and Conditions, which are addressed only to customers who are consumers, as well as with the exception of those provisions of the Terms and Conditions, which clearly refer to consumers.
1.5 The Customers may communicate with the Seller by e-mail, as well as by phone, and in writing (contact details as in point 1.1 of the Terms and Conditions), while the Customers place orders using an order form, in accordance with the procedure provided in point 3 of these Terms and Conditions.
1.6 All announcements, advertisements, price lists and other information posted on the website https://hurtownia.proman-czapki.pl/, referring to the products placed there, do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude an agreement within the meaning of Article. 71 of the Civil Code.
Services provided electronically.
2.1 The Seller provides services electronically by allowing customers to set up a user account on the Store website and making available to customers an order form on the Store website.
2.2 User account service is to enable customers to use the resources of the Shop after logging in. To create a user account it is necessary to complete and submit a registration form, which includes: name and surname, address, mailing address (if different from the main address) and e-mail address. The user account service is provided free of charge for an indefinite period of time. The Customer can delete his/her user account at any time, without giving any reason and without incurring costs, by sending a request to delete the account to the Seller in writing, or by e-mail (contact details as specified in Section 1.1 of the Terms of Service).
2.3 Order form service is to allow customers to place orders (declarations of intent) for goods offered by the Seller through the Store website, in accordance with the procedure set out in point 3 of the Terms of Service. The service is free of charge and one-time use. The service ends immediately after placing an order.
2.5 The Seller informs that the main risks associated with the use of services provided electronically via the Internet include in particular interference by third parties (so-called hackers), computer viruses, Trojan horses or spam (unsolicited electronic messages sent simultaneously to many recipients). It is in the interest of each user of services provided via the Internet to install legal and up-to-date software to protect the user's device from the above mentioned threats.
2.6 Customers using the Store are required to refrain from any activity that is contrary to the law, including in particular the provision of illegal content and from interfering with the content of the Store or its technical elements.
2.7 Complaints about services provided electronically may be submitted in writing or by e-mail (contact details as indicated in Section 1.1 of the Terms and Conditions). Complaints will be considered by the Seller within 14 days.
The procedure for the conclusion of a contract of sale.
3.1 Shop accepts customer orders via the website https://hurtownia.proman-czapki.pl/. Orders can be placed 24 hours a day, 7 days a week. Placing an order by the Store customer is an offer to conclude a contract of sale for products that are the subject of the order within the meaning of Article. 66 § 1 of the Civil Code.
3.2 By placing an order is understood to be choosing the type and number of products on the site https://hurtownia.proman-czapki.pl/, click on the icon "add to cart", fill out the order form, choose the method of payment and delivery, and then approve and send the order by clicking the icon "Order and pay". Orders placed through the Store entail an obligation to pay.
3.3 A necessary element of the ordering procedure is that the Customer is familiar with these Terms and Conditions and accepts them, which the Customer confirms by checking the appropriate box before completing the order. Lack of acceptance of these Terms in the course of the ordering procedure prevents the possibility of purchasing goods through the Store and requires another form of agreement on the terms of the transaction.
3.4 After submitting a properly completed order form by the Customer, the Store immediately confirms receipt of the order by sending the Customer a relevant e-mail to the address provided by the Customer. At the moment of receipt by the Customer of the above e-mail message, a contract of sale is concluded between the Customer and the Seller. Such an e-mail message constitutes at the same time a confirmation of concluding a remote agreement. Attached to the e-mail is a PDF document containing all the data of the order and the form to withdraw from the contract.
3.5. Contracts concluded through the Store are concluded in Polish or other selected language.
Prices and payment.
4.1 Prices of products presented on the Store's website are gross prices (ie, including all components such as customs duties and taxes, including VAT) and are expressed in Polish zloty (PLN).
4.2 Prices of goods given on the Store website do not include delivery costs. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer when placing an order, including at the moment of expressing by the Customer the will to be bound by a contract of sale. The cost of delivery depends on the method of delivery chosen when placing the order. The total cost of the order, including the price of the product and the cost of delivery, is visible in the summary of the order.
4.3 The price at the moment of placing an order by the Customer is binding and final.
4.4. Payment for the ordered goods can be in the forms of payment that can be selected in the order form.
4.5. For all goods ordered in the Store are issued receipts, bills or VAT invoices.
5.1 Delivery of the product to the Customer is chargeable, unless the sales contract states otherwise (see paragraph 4.2. of the Terms and Conditions) or the Customer arranges the transport or make a personal pick-up.
5.2. The ordered products are delivered through a courier company or the Polish Post, at the Customer's choice made when placing the order. Ordered goods are delivered - depending on Customer's choice - directly to Customer's address indicated in the order form.
5.3 Deliveries of goods ordered through the Store are carried out in the Republic of Poland. If you wish to purchase goods with a place of delivery outside the Republic of Poland, please contact the Store before placing an order to determine the possibility of delivery and its cost. In this case, the cost of delivery will be determined individually and communicated to the customer before placing an order.
5.4 Order processing time is from 1 to 14 working days from the date of placing an order by the Customer, unless the product description or during the ordering process says otherwise.
5.5 Upon receipt of the consignment Customer should, if possible, check in the presence of the supplier the state of the consignment. In case of any damage during transport it is advisable, if possible, to refuse receipt of the consignment by the Customer or to write a protocol in the presence of the supplier specifying the state of the consignment and the circumstances in which the damage occurred, which will greatly facilitate the possible complaint procedure.
6.1 The store is obliged to provide customers with items sold without physical and legal defects (warranty). In case of defects in the purchased goods, customers have the rights provided for in the Act of 23 April 1964 Civil Code (Journal of Laws of 2014, item 121, as amended), in particular in the section relating to warranty (Article 556 et seq.).
6.2 Complaints shall be submitted to the address of the Store's registered office referred to in section 1.1 of the Regulations. The complaint should contain the Customer's contact details, information about the type of defect and the date on which it was found, the Customer's request, and in case of doubt also some kind of confirmation of purchase of the advertised goods in the Store. The above content of the complaint is a recommendation, and complaints with a different content will also be considered by the Seller.
6.3 If in order to investigate the complaint it is necessary for the Seller to get acquainted with the sold thing, the Customer who exercises his rights under the warranty, shall be obliged at the expense of the Seller to deliver the thing to the place specified in the sales contract, and if such a place has not been specified in the contract - to the place where the thing was delivered to the Customer. If, due to the nature of the item or the manner of its installation, delivery of the item by the Customer would be excessively difficult, the Customer is obliged to make the item available to the Seller at the place where it is located.
6.4 The store will respond to customer complaints within 14 days.
6.5 The store does not provide a separate warranty on products sold (some products may be covered by their manufacturer's warranty), as well as does not provide after-sales services.
Right of withdrawal.
7.1 Pursuant to Article 27 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), a Customer who is a consumer who has concluded a remote contract through the Store, may withdraw from it within 14 days without giving any reason and without incurring costs, except for the costs specified in sections 7.4, 7.5 and 7.8 of the Regulations. Instructions on the right of withdrawal, including in particular information about the manner and timing of exercising the right to withdraw from the contract and the cost of returning the item in the case of withdrawal, which shall be borne by the Customer, is attached as Appendix 1 to these Regulations.
7.2 The Customer may use the model statement of withdrawal constituting an annex to the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) , as well as the return form sent to the Customer's e-mail address after the execution of the order, but this is not mandatory.
7.3 In the event of withdrawal from the contract, the contract shall be considered not concluded. If the Customer who is a consumer made statements before the Seller accepted his offer, the offer ceases to be binding.
7.4 If the Customer has chosen a method of delivery of the items other than the cheapest ordinary way of delivery offered by the Seller, the Seller shall not be obliged to reimburse such Customer the additional costs incurred by him.
7.5 The Customer shall bear the direct costs of returning the items. If the goods, due to their nature (e.g. large-size goods), cannot be sent back in the usual way by post, the cost of returning the goods will depend on the price list of the carrier providing transport services.
7.6 The Customer shall be liable for any diminution in the value of the item, damage resulting from use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the item.
7.7 The Customer shall not have the right to withdraw from a distance contract with respect to the contracts listed in Article 38 of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827), in particular:
a) in which the object of supply is a non-refabricated item, manufactured to the consumer's specification or serving to meet his individualized needs;
b) in which the subject matter of the performance is an item that deteriorates rapidly or has a short shelf life;
c) in which the subject matter of the performance is an item supplied in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;
d) in which the subject of the performance are things that after delivery, due to their nature, are inseparable from other things.
7.8 If the Customer requested the commencement of the provision of services (if such services are provided by the Seller's offer) before the expiry of the term of withdrawal, the Customer shall pay to the Seller an amount proportional to the scope of services provided until the moment when the Customer informed the Seller about the withdrawal from this agreement.
7.9 The Customer should secure the goods sent back in such a way as to minimize the risk of damage in transit.
Out-of-court ways to handle complaints and claims.
8.1 If the trader has not accepted the complaint of the Customer who is a consumer, and the Customer does not agree with his decision, he may use the available out-of-court ways to handle complaints and claims.
8.2 In particular, the Customer has the opportunity to apply to the relevant provincial inspector of the Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended). Mediation is voluntary (both parties must agree to it), and any settlement between the parties must also be the result of an agreement between both of them. Successful filing of an application for mediation does not guarantee that mediation will be conducted, let alone that it will result in a settlement.
8.3 The Customer may also apply for settlement of a dispute arising from the concluded contract of sale by a permanent arbitration court at the provincial inspector of the Trade Inspection, as referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws 2001 No. 4 item 25 as amended). The Rules of Procedure of the Permanent Consumer Arbitration Courts are laid down in the Regulation of the Minister of Justice of 25 September 2001 on the Rules of Procedure of the Permanent Consumer Arbitration Courts (Journal of Laws 2001, No. 113, item 1214).
8.4 Detailed information on out-of-court complaint handling and redress is also available at the offices and websites of county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection and Provincial Trade Inspection Inspectorates.
Personal data protection.
9.1 The Seller processes personal data of its Customers in accordance with the provisions that came into force on 25 May 2018 on the protection of personal data RODO, whose task is to unify the regulation of personal data protection within the European Union.
9.2 The provision of personal data by the Customer is voluntary. Customers have the right to request to complete, update, correct personal data, temporary or permanent suspension of its processing or its deletion.
9.3 The administrator of the personal data provided by the Customer is the Seller referred to in paragraph 1.1 of the Terms and Conditions.
10.1 The Seller shall honour all consumer rights provided for in the provisions of commonly applicable law, in particular the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). Therefore, the provisions of these regulations are not intended to exclude or limit any consumer rights under the law. Any possible doubts should be interpreted in favor of consumers using the Store. Provisions of the Rules less favorable to the consumer than the provisions of the above Act are invalid, and in their place shall be applied the provisions of this Act.
10.2 Amendments to the Rules may be made for important reasons, particularly in the case of changes in law. In the case of conclusion of continuous contracts on the basis of these Regulations, the amended Regulations shall be binding upon the Customer if the requirements specified in Article 384 and 3841 of the Civil Code have been met, i.e. the Customer has been correctly notified of the amendments and has not terminated the contract within 14 days of such notification. In the case of conclusion of contracts other than continuous contracts on the basis of these Regulations, the amendments to the Regulations shall not in any way affect the Customer's rights acquired prior to the effective date of the amendments.
10.3 Enclosures to the contract are: 1. information about the right to withdraw from the agreement, 2. specimen statement of withdrawal from the agreement. These attachments are an integral part of the Terms and Conditions.
10.4 The Regulations are effective as of December 25, 2014. To contracts concluded before the date of entry into force of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) and these Regulations, the current provisions shall apply.
INSTRUCTION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT
(Article 27 of the Act of 30 May 2014 on consumer rights)
Right to withdraw from the contract
You have the right to withdraw from this contract within 14 days without giving any reason.
The period for withdrawal expires after 14 days from the day on which you have taken possession of the goods or on which a third party other than the carrier and indicated by you has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (store address: Warchałowskiego 75, 30-399 Kraków, tel. +48 606 253 540 of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail).
You may use the model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal :
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery of the goods (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), immediately and in any event not later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract.
We will reimburse you using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this reimbursement. We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first.
Please send back or hand over to us the item unused in its original packaging with tags and without signs of use immediately and in any case not later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the item before the period of 14 days has expired.
You will have to bear the direct costs of returning the goods.
MODEL WITHDRAWAL FORM
(This form must be completed and returned only if you wish to withdraw from the contract)
Proman Roman Płonka
Warchałowskiego 75, 30-399 Krakow
tel: +48 606 253 540
- I/We(*) hereby inform/inform(*) about my/our withdrawal from the contract of sale of the following items(*) contract of delivery of the following items(*) contract of workmanship of the following items(*)/provision of the following service(*):