Shop rules
TERMS AND CONDITIONS OF THE ONLINE STORE
SKLEP.STALMAN.PL
TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
4. METHODS AND DEADLINES OF PAYMENT FOR THE PRODUCT
5. COSTS, METHODS, AND DEADLINE FOR DELIVERY AND PRODUCT COLLECTION
6. PRODUCT COMPLAINTS
7. OUT-OF-COURT COMPLAINT RESOLUTION AND CLAIMS ENFORCEMENT METHODS, AND ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT (APPLIES TO SALES AGREEMENTS CONCLUDED SINCE DECEMBER 25, 2014)
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. TEMPLATE WITHDRAWAL FORM
The Online Store www.sklep.stalman.pl cares about consumer rights. The consumer cannot waive the rights granted to them in the Consumer Rights Act. Provisions of agreements less favorable to the consumer than provisions of the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act shall apply. Therefore, the provisions of this Regulation are not intended to exclude or limit any consumer rights under the mandatory provisions of the law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of this Regulation and the above-mentioned provisions, priority shall be given to these provisions and they shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at the internet address www.sklep.stalman.pl is operated by the company EUROPE SIMPLEKS HURTOWNIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Warsaw (registered office address: ul. Juliana Smulikowskiego no. 1/3, room 304, 00-389 Warsaw, business office and correspondence address: ul. Sabały 58, 02-174 Warsaw) registered in the Register of Entrepreneurs of the National Court Register under KRS number 0000836640, the court in which the company's documentation is kept: the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of the National Court Register, NIP 5252819848, REGON 385877160, e-mail address: sklep@stalman.pl, phone number: +48 792 333 273.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store unless a given provision of the Regulations provides otherwise.
1.3. 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 purposes, in the scope and on the basis and principles indicated in the privacy policy published on the website of the Online Store. The Privacy Policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and scope of personal data processing and the rights of individuals whose data is concerned, as well as information regarding the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to exceptions specified in the privacy policy (conclusion of an agreement and legal obligations of the Seller).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding statutory non-working days.
1.4.2. REGISTRATION FORM – a form available in the Online Store that allows creating an Account.
1.4.3. ORDER FORM – An Electronic Service, an interactive form available in the Online Store that allows placing an Order, in particular by adding Products to the electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CLIENT – (1) a natural person with full legal capacity and, in cases provided for by universally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has legal capacity; - who has entered into or intends to enter into a Sales Agreement with the Seller.
1.4.5. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
1.4.6. ACCOUNT – an Electronic Service, identified by an individual name (login) and password provided by the Service Recipient, a set of resources in the teleinformation system of the Service Provider, where data provided by the Service Recipient and information about Orders placed by them in the Online Store are stored.
1.4.7. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, allowing all Service Recipients using it to automatically receive periodic content of subsequent editions of the newsletter from the Service Provider containing information about Products, news, and promotions in the Online Store.
1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS – these regulations of the Online Store.
1.4.10. ONLINE STORE - the online store of the Service Provider available at the internet address: www.sklep.stalman.pl.
1.4.11. SELLER; SERVICE PROVIDER – the company EUROPE SIMPLEKS HURTOWNIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA with its registered office in Warsaw (registered office address: ul. Juliana Smulikowskiego no. 1/3, room 304, 00-389 Warsaw, business office and correspondence address: ul. Sabały 58, 02-174 Warsaw) registered in the Register of Entrepreneurs of the National Court Register under KRS number 0000836640, the court in which the company's documentation is kept: the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of the National Court Register, NIP 5252819848, REGON 385877160, e-mail address: sklep@stalman.pl, phone number: +48 792 333 273.
1.4.12. SALES AGREEMENT – a Product sales agreement concluded or to be concluded between the Customer and the Seller through the Online Store.
1.4.13. ELECTRONIC SERVICE – an electronic service provided by the Service Provider to the Service Recipient via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity and, in cases provided for by universally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which has legal capacity; - using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).
1.4.16. ORDER - a declaration of the Customer's will made using the Order Form and directly aimed at concluding a Sales Agreement for a Product with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.
2.1.1. Account – using the Account is possible after the Service Recipient completes a total of two consecutive steps –
(1) filling out the Registration Form,
(2) clicking the "Register account" button. In the Registration Form, the following Service Recipient's data is required: login, first name and last name/company name, address (street, house/flat number, postal code, city, country), email address, contact phone number, and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
2.1.1.1. The Account Electronic 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 (resign from the Account) by sending a relevant request to the Service Provider, especially via email to: sklep@stalman.pl, or in writing to the address: ul. Sabały 58, 02-174 Warsaw.
2.1.2. Order Form – using the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing an Order occurs after the Customer completes a total of two consecutive steps –
(1) filling out the Order Form and (2) clicking the "Place an order with an obligation to pay" button on the Online Store's website after filling out the Order Form – until this moment, there is an opportunity for independent modification of the entered data (for this purpose, follow the displayed messages and information available on the Online Store's website). In the Order Form, it is necessary for the Customer to provide the following data regarding the Customer: first name and last name/company name, address (street, house/flat number, postal code, city, country), email address, contact phone number, and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of Product/s delivery, payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
2.1.2.1. The Order Form Electronic Service is provided free of charge and has a one-time nature and ends upon placing an Order through it or with the earlier cessation of placing an Order through it by the Service Recipient.
2.1.3. Newsletter – using the Newsletter occurs after providing an email address in the "Newsletter" tab visible on the Online Store's website to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" button. Using the Newsletter also takes place by checking the appropriate checkbox when creating an Account – upon creating an Account, the Service Recipient is subscribed to the Newsletter or by checking the appropriate checkbox when filling out the Order Form – upon placing an Order, the Service Recipient is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic 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 by sending a relevant request to the Service Provider, especially via email to: sklep@stalman.pl, or in writing to the address: ul. Sabały 58, 02-174 Warsaw.
2.2. Technical requirements necessary for cooperation with the teleinformatics system used by the Service Provider: (1) a computer, laptop, or other multimedia device with internet access; (2) access to email; (3) an internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the ability to save Cookies files and supporting Javascript in the internet browser.
2.3. The Service Recipient is obliged to use the Online Store in accordance with the law and good manners, taking into account respect for personal rights and copyrights, as well as intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing content of an unlawful nature.
2.4. Complaint handling procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure specified in point 6 of the Regulations) can be submitted by the Service Recipient, for example:
2.4.2. in writing to the address: ul. Sabały 58, 02-174 Warsaw;
2.4.3. electronically via email to the address: sklep@stalman.pl;
2.4.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of occurrence of irregularities; (2) the Service Recipient's request; and (3) the contact details of the complainant – this will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements given in the previous sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.
2.4.5. The Service Provider shall respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The price of the Product visible on the Online Store's website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product subject to the Order, as well as the delivery costs (including fees for transportation, delivery, and postal services) and other costs, and when the amount of these fees cannot be determined – about the obligation to pay them, on the Online Store's website when placing the Order, including at the moment when the Customer expresses the will to conclude a Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of the receipt of the Order and its acceptance for execution occurs by the Seller sending a relevant email message to the email address provided by the Customer during the Order placement, which contains at least statements by the Seller about the receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receiving the above email message by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The recording, securing, and making available to the Customer of the content of the concluded Sales Agreement takes place by
(1) making this Regulation available on the Online Store's website and (2) sending an email message to the Customer as mentioned in point 3.3.2 of the Regulation. The content of the Sales Agreement is additionally recorded and secured in the Seller's IT system of the Online Store.
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following methods of payment for the Sales Agreement:
4.1.1. Cash payment on delivery upon receipt of the shipment.
4.1.2. Payment by bank transfer to the Seller's bank account.
4.1.3. Electronic payments and card payments through the PayU.pl service – the current available payment methods are specified on the Online Store's website in the payment methods information section and on the website http://www.payu.pl.
4.1.3.1. Settlements of electronic transactions and card payments are carried out according to the Customer's choice through the PayU.pl service. Electronic payment and card payment services are provided by:
4.1.3.1.1. PayU.pl – a company PayU S.A. based in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), registered in the National Court Register under the number 0000274399, registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, share capital of PLN 4,000,000 fully paid, tax identification number (NIP): 779-23-08-495.
4.2. Payment Term:
4.2.1. In the case of Customer's choice of payment by bank transfer, electronic payment, or card payment, the Customer is obliged to make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.2.2. In the case of Customer's choice of cash payment on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
5. COST, METHODS, AND TERMS OF DELIVERY AND PRODUCT RECEIPT
5.1. Product delivery is available within the territory of the Republic of Poland.
5.2. Product delivery to the Customer is chargeable unless the Sales Agreement provides otherwise. The costs of Product delivery (including transportation, delivery, and postal service fees) are indicated to the Customer on the Online Store's website in the delivery cost information section and during the Order placement, including when the Customer expresses the will to conclude a Sales Agreement.
5.3. The Seller provides the Customer with the following methods of Product delivery or receipt:
5.3.1. Courier shipment, cash on delivery courier shipment.
5.3.2. Parcel locker shipment.
5.3.3. Pallet shipment.
5.4. The delivery term of the Product to the Customer is up to 10 business days unless a shorter term is specified in the description of the specific Product or during the Order placement. In the case of Products with different delivery terms, the delivery term is the longest specified term, but it cannot exceed 10 business days. The beginning of the delivery term for the Product to the Customer is calculated as follows:
5.4.1. In the case of the Customer's choice of payment by bank transfer, electronic payment, or card payment - from the date of crediting the Seller's bank account or settlement account.
5.4.2. In the case of the Customer's choice of cash payment on delivery – from the date of concluding the Sales Agreement.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are determined by the generally applicable provisions of law, in particular, the Civil Code (in particular, Articles 556-576 of the Civil Code). For Sales Agreements concluded before December 24, 2014, the basis and scope of the Seller's liability towards a Customer who is a natural person acquiring a Product for purposes unrelated to professional or business activity due to the non-compliance of the Product with the Sales Agreement are determined by the generally applicable provisions of law, in particular, the Act of July 27, 2002, on specific conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002, No. 141, item 1176, as amended).
6.2. The Seller is obligated to deliver the Product to the Customer without defects.
6.3. Complaints can be submitted by the Customer, for example:
6.3.1. in writing to the address: ul. Sabały 58, 02-174 Warsaw;
6.3.2. electronically via email to the address: sklep@stalman.pl;
6.4. It is recommended that the Customer provides in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of the defect occurrence; (2) the Customer's request for bringing the Product into compliance with the Sales Agreement or a statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and expedite the examination of the complaint by the Seller. The requirements given in the preceding sentence are only a recommendation and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, exercising warranty rights, has requested a replacement of the item or repair of the defect or has made a statement about price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request has been considered justified.
6.6. The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: ul. Sabały 58, 02-174 Warsaw. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller. If, due to the nature of the Product or the method of its installation, the delivery of the Product by the consumer Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the location where the Product is located.
6.7. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product to a Customer who is not a consumer is excluded.
7. EXTRACOURT METHODS OF COMPLAINT RESOLUTION AND ENFORCEMENT OF CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information regarding the possibility for a Customer who is a consumer to use extrajudicial methods of complaint resolution and enforcement of claims, as well as the rules of access to these procedures, is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. The President of the Office of Competition and Consumer Protection also operates a contact point (phone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), which, among other things, is responsible for providing assistance to consumers in matters related to extrajudicial resolution of consumer disputes.
7.3. A consumer has the following example possibilities to use extrajudicial methods of complaint resolution and enforcement of claims: (1) a request for dispute resolution to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) a request for extrajudicial dispute resolution to the voivodeship inspector of the Trade Inspection (more information on the website of the inspectorate relevant to the Seller's place of business); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Polish Consumer Association). Advice is provided, among others, by email at porady@dlakonsumentow.pl and the consumer helpline at 801 440 220 (the helpline is open on business days from 8:00 to 18:00, call cost according to the operator's tariff).
7.4. The platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking extrajudicial resolution of disputes arising from online sales contracts or service contracts (more information on the platform's website or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
(APPLIES TO DISTANCE CONTRACTS CONCLUDED AFTER DECEMBER 25, 2014)
8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. Sending the statement before the expiry of the deadline is sufficient to meet the deadline. A declaration of withdrawal from the contract can be made, for example:
8.1.1. in writing to the address: ul. Sabały 58, 02-174 Warsaw;
8.1.2. electronically via email to the address: sklep@stalman.pl;
8.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is also available in point 11 of the Regulations and on the Website in the section concerning withdrawal from the contract. The consumer may use the withdrawal form, but this is not mandatory.
8.3. The period for withdrawal from the contract begins:
8.3.1. for a contract in which the Seller delivers the Product, being obliged to transfer its ownership (e.g., Sales Agreement) - from the date the consumer or a third party designated by the consumer, other than the carrier, takes possession of the Product, and in the case of a contract that: (1) covers multiple Products delivered separately, in batches or in parts - from the date of taking possession of the last Product, batch, or part, or (2) involves regular delivery of Products for a specified period - from the date of taking possession of the first Product;
8.3.2. for other contracts - from the date of entering into the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered not to have been concluded.
8.5. The Seller is obliged to refund all payments made by the consumer, including the cost of Product delivery (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest ordinary delivery method available in the Online Store), without undue delay and no later than within 14 calendar days from the date of receiving the consumer's statement of withdrawal from the contract. The Seller will make the refund using the same payment method that the consumer used, unless the consumer has expressly agreed to a different refund method that does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until the Product is returned or until the consumer provides proof of its return, depending on which event occurs first.
8.6. The consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it immediately, no later than within 14 calendar days from the day on which they withdrew from the contract, unless the Seller has offered to collect the Product themselves. Sending back the Product before the deadline is sufficient to meet the deadline. The consumer can return the Product to the address: ul. Sabały 58, 02-174 Warsaw.
8.7. The consumer is responsible for any reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of Product delivery other than the cheapest standard delivery method available in the Online Store, the Seller is not obligated to refund the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product that is a service, and whose performance, at the express request of the consumer, began before the withdrawal period, the consumer who exercises the right of withdrawal from the contract after making such a request is obliged to pay for the services performed up to the moment of withdrawal from the contract. The amount of payment is calculated proportionally to the scope of the service provided, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
8.9.1.
(1) for the provision of services, if the Seller has fully performed the service with the consumer's express consent, who was informed before the provision of the service that, after the performance of the service by the Seller, they will lose the right to withdraw from the contract;
(2) for which the price or remuneration depends on financial market fluctuations over which the Seller has no control and which may occur before the withdrawal period expires;
(3) for the supply of non-prefabricated products, manufactured according to the consumer's specifications or serving to satisfy their individual needs;
(4) for the supply of products that are liable to deteriorate rapidly or have a short shelf life;
(5) for the supply of sealed goods that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
(6) for the supply of products that, by their nature, become inseparably mixed with other items after delivery;
(7) for alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement and whose delivery can only take place after 30 days, and the value of which depends on market fluctuations over which the Seller has no control;
(8) for which the consumer has expressly requested the Seller to come to them for urgent repair or maintenance; if the Seller also provides services other than those requested by the consumer, or supplies products other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to the additional services or products;
(9) for the supply of digital content that is not stored on a tangible medium, if the performance of the service began with the consumer's explicit consent before the withdrawal period and after the consumer was informed by the Seller about the loss of the right to withdraw from the contract.
8.10. The provisions concerning the consumer contained in this point 8 of the Regulations apply from January 1, 2021, and for contracts concluded from that date also to the Service Recipient or Customer who is a natural person entering into a contract directly related to their economic activity when it results from the content of this contract that it does not have a professional character for that person, resulting in particular from the subject of their economic activity made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed and thus binding exclusively on the Customer or Service Recipient who is not a consumer, and from January 1, 2021, and for contracts concluded from that date, also on a natural person entering into a contract directly related to their economic activity when it results from the content of this contract that it does not have a professional character for that person, resulting in particular from the subject of their economic activity made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. In this case, withdrawal from the Sales Agreement may take place without stating a reason and does not give rise to any claims against the Seller on the part of the Customer.
9.3. The Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the Customer's chosen payment method and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without stating reasons by sending a relevant statement to the Service Recipient.
9.5. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited - both for a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand Polish zlotys. The limit amount referred to in the preceding sentence applies to all claims brought by the Service Recipient/Customer against the Service Provider/Seller, including cases where the Sales Agreement is not concluded or is not related to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical, foreseeable damages at the time of the contract and is not liable for lost profits. The Seller is also not liable for delays in delivery.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient are subject to the court having jurisdiction over the Seller/Service Provider's registered office.
10. FINAL PROVISIONS
10.1. Agreements concluded through the Online Store are made in the Polish language.
10.2. Changes to the Regulations:
10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, including 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.
10.2.2. In the case of contracts of a continuous nature (e.g. Electronic Service provision - Account) concluded based on this Regulation, the amended Regulation binds the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code have been met, meaning that the Service Recipient has been properly notified of the changes and has not terminated the contract within 15 calendar days from the date of notification. If the change in the Regulation results in the introduction of any new fees or an increase in existing ones, the Service Recipient has the right to withdraw from the contract.
10.2.3. In the case of contracts of a nature other than continuous contracts (e.g. Sales Agreement) concluded based on this Regulation, changes to the Regulation shall not in any way affect the acquired rights of Service Recipients/Customers before the effective date of the Regulation changes. In particular, the changes to the Regulation shall not affect orders already placed or submitted, as well as Sales Agreements concluded, processed, or executed.
10.3. Matters not regulated in this Regulation are governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
11. MODEL WITHDRAWAL FORM
(ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Withdrawal form template
(this form should be completed and sent only if you wish to withdraw from the contract)
– Recipient: EUROPE SIMPLEKS HURTOWNIA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA
ul. Sabały 58, 02-174 Warsaw
sklep.stalman.pl
sklep@stalman.pl
– I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/for the provision of the following service(*)
– Date of contract(*)/receipt(*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if this form is notified on paper)
– Date
(*) Delete as appropriate.