specifying, among other things. rules of concluding sales contracts through the Store, containing the most important information about the Seller, the Store and the rights of the Consumer
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order execution
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
§ 1 DEFINITIONS
Working days – days from Monday to Friday except for public holidays.
Consumer – a consumer within the meaning of the Civil Code.
Buyer – any entity purchasing from the Store.
Privileged Buyer – Consumer or Business Privileged Buyer.
Privileged Entrepreneur – an individual who enters into a contract with the Seller that is directly related to his/her business activity, but which does not have a professional character for him/her (the definition is effective for contracts concluded from January 1, 2021).
Regulations – these rules and regulations.
Store – Strongroom.pl online store operated by the Seller at www.strongroom.pl.
Vendor – VOLLEFFEKT GMBH POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at Władysława Łokietka 27, 70-255 Szczecin, entered in the National Court Register – Register of Entrepreneurs by the REJONOWY SĄD REJONOWY GDAŃSK-PÓŁNOC W GDAŃSKU, VII ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS No. 0000885732, NIP 5842802441, REGON No. 38839208300000, share capital PLN 254000,00.
§ 2 CONTACTING THE SELLER
1. postal address: Władysława Łokietka 27, 70-255 Szczecin
2. e-mail address: sklep@volleffekt.com
3. phone: +48 693 471 752
4. address to return the goods (in case of withdrawal from the contract): Office, avenue. Bohaterów Warszawy 21, 70-372 Szczecin
5 The address to send the advertised goods: the Office, 21 Bohaterów Warszawy Avenue, 70-372 Szczecin
§ 3 TECHNICAL REQUIREMENTS
(1) For the proper functioning of the Store you need:
- device with internet access
- A web browser that supports JavaScript and cookies.
(2) For placing an order in the Store, in addition to the requirements specified in paragraph. 1, an active email account is required.
§ 4 SHOPPING IN THE STORE
(1) The prices of goods shown in the Store are the total prices for the goods.
(2) The Seller points out that the total price of an order consists of the indicated in the Store: the price for the goods and, if applicable, the cost of delivery of the goods.
3. the goods selected for purchase should be added to the shopping cart in the Store.
(4) The buyer then selects from the available in the Store: the method of delivery of goods and the method of payment for the order, and provides the data necessary to complete the order placed.
(5) An order is placed when the Buyer confirms its contents and accepts the Terms and Conditions.
(6) Placing an order is the same as concluding a sales contract between the Buyer and the Seller.
(7) The seller shall provide the privileged buyer with confirmation of the conclusion of the contract of sale on a durable medium no later than at the time of delivery of the goods.
§ 5 PAYMENTS
1. an order can be paid for, depending on the choice of the Buyer:
a. By ordinary bank transfer to the Seller’s bank account;
b. via payment card:
- Visa
- Visa Electron
- MasterCard
- MasterCard Electronic
- Maestro
c. via a payment platform:
- PayU
(2) If the Buyer chooses to pay in advance, the order must be paid for within 1 Business Day of placing the order.
(3) The seller informs that in the case of some payment methods, due to their specificity, payment of the order by this method is possible only directly after placing the order.
(4) The Buyer, by purchasing from the Store, accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.
§ 6 ORDER EXECUTION
(1) The seller is obliged to deliver goods without defects.
(2) The delivery date of the order is indicated in the Store.
(3) If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after payment.
(4) In a situation where the Buyer has purchased goods with different lead times within one order, the order will be fulfilled within the time limit applicable to the goods with the longest lead time.
5 States on the territory of which delivery is made:
- Poland
- Germany
- France
- Austria
- Belgium
- Luxembourg
6 Goods purchased from the Store are delivered depending on which delivery method the Buyer has chosen:
a. Through a courier company
§ 7 RIGHT OF WITHDRAWAL
(1) A privileged buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
(2) The period for withdrawal from the contract expires after 14 days from the date:
- a. in which the Priority Buyer took possession of the goods or in which a third party other than the carrier and designated by the Priority Buyer took possession of the goods;
- b. in which the Priority Buyer took possession of the last of the items or in which a third party, other than the carrier and designated by the Priority Buyer, took possession of the last of the items in the case of a contract obligating the transfer of ownership of multiple items that are delivered separately.
(3) In order for a privileged Buyer to exercise his right of withdrawal, he must inform the Seller, using the data provided in § 2 of the Regulations, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by mail or information transmitted by e-mail).
(4) A privileged buyer may use the model withdrawal form located at the end of the Terms and Conditions, but it is not mandatory.
(5) In order to comply with the deadline for withdrawal from the contract, it is sufficient for the privileged Buyer to send information on the exercise of his right of withdrawal before the expiration of the deadline for withdrawal from the contract.
CONSEQUENCES OF WITHDRAWAL
(6) In the event of withdrawal from the concluded contract, the Seller shall return to the privileged Buyer all payments received from him, including the costs of delivery of the goods (except for additional costs resulting from the privileged Buyer’s choice of delivery method other than the cheapest ordinary delivery method offered by the Seller), immediately and in any case no later than 14 days from the day on which the Seller was informed of the decision of the privileged Buyer to exercise his right of withdrawal.
(7) The Seller shall refund the payment using the same means of payment that were used by the Priority Buyer in the original transaction, unless the Priority Buyer agrees otherwise, in any case the Priority Buyer shall not incur any fees in connection with the refund.
8 The seller may withhold reimbursement until it receives the goods or until it is provided with proof of their return, whichever event occurs first.
9. the Seller asks to return the goods to the address: Office, avenue. Bohaterów Warszawy 21, 70-372 Szczecin immediately, and in any case no later than 14 days from the day on which the privileged Buyer informed the Seller about withdrawal from the sales contract. The deadline is met if the privileged buyer sends back the goods before the expiration of the 14-day period.
10. the privileged buyer shall bear the direct costs of returning the goods.
(11) The privileged buyer shall be liable only for the diminution in value of the goods resulting from the use of the goods other than necessary to ascertain the nature, characteristics and functioning of the goods.
(12) If the goods, due to their nature, cannot be returned by ordinary mail, the privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed of the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing an order.
(13) If there is a need for a refund of funds for a transaction made by a Buyer with a privileged payment card, the Seller will make a refund to the bank account assigned to that payment card.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
(1) The right of withdrawal from a contract concluded remotely, referred to in § 7 of the Regulations, is not available in
Regarding the agreement:
- a. in which the object of performance is a non-refabricated item, produced according to the specifications of the privileged Buyer or serving to meet his individualized needs;
- b. in which the object of performance is an item that is perishable or has a short shelf life;
- c. in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
- d. in which the object of performance is things that, after delivery, due to their nature, become inseparable from other things;
- e. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
- f. for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
- g. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not control, and which may occur before the deadline for withdrawal.
§ 9 COMPLAINTS
(1) In the event of a defect in the goods, the Consumer has the opportunity to complain about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, if the guarantee was granted.
(2) Using the warranty, the Consumer may, under the terms of the Civil Code:
- a. Make a statement on price reduction,
- b. With a material defect – make a declaration of withdrawal from the contract,
- c. Demand that the item be replaced with a defect-free one,
- d. Demand removal of the defect.
(3) The Seller asks to submit complaints on the basis of warranty to the postal or electronic address indicated in § 2 of the Regulations.
(4) If it turns out that in order to consider the complaint it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver these goods at the expense of the Seller, to the address of the Office, 21 Bohaterów Warszawy Avenue, 70-372 Szczecin.
(5) If a warranty is additionally provided for the goods, information about it, as well as its terms, is available in the product description in the Store.
(6) Complaints about the operation of the Store should be addressed to the e-mail address specified in § 2 of the Regulations.
7 The Seller will consider the complaint within 14 days.
OUT-OF-COURT WAYS OF HANDLING COMPLAINTS AND INVESTIGATING CLAIMS
(8) In the event that the complaint procedure does not produce the result expected by the Consumer, the Consumer may use, among other things. z:
- a. mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which mediation should be requested. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
- b. assistance of the locally competent permanent arbitration consumer court operating at the Regional Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
- c. free assistance from the city or county consumer ombudsman;
- d. ODR’s online platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.
§ 10 PERSONAL DATA
(1) The administrator of the personal data provided by the Buyer when using the Store is the Seller. Detailed information about the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as recipients of data – can be found in the Privacy Policy available in the Store – due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection – “RODO”.
(2) The purpose of the processing of Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for the processing of personal data in this case is: the contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO), the legal obligation of the Seller related to accounting (Article 6(1)(c)) and the legitimate interest of the Seller, consisting in the processing of data to establish, assert or defend possible claims (Article 6(1)(f) RODO).
(3) The provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
(4) Buyer data provided in connection with purchases in the Store will be processed until:
- a. the contract concluded between the Buyer and the Seller will cease to be in force;
- b. the Seller will cease to be under a legal obligation, obliging him to process the Buyer’s data;
- c. the possibility of asserting claims by the Buyer or Seller, related to the contract concluded by the Store will cease;
- d. the Buyer’s objection to the processing of his personal data is accepted – where the basis of the data processing was the legitimate interest of the Seller – whichever is applicable in the case and which occurs at the latest.
5 The buyer shall have the right to request:
- a. Access to their personal data,
- b. their correction,
- c. removals,
- d. processing restrictions,
- e. Transfer of data to another controller and also the right:
- f. object at any time to the processing of data for reasons related to the Buyer’s particular situation – to the processing of personal data concerning him, based on Art. 6 paragraph. 1(f) RODO (i.e., on legitimate interests pursued by the administrator).
(6) In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
(7) In the event that the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the President of the Personal Data Protection Authority.
§ 11 RESERVATIONS
(1) It is prohibited for the Buyer to provide unlawful content.
(2) Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the duration and purpose of the order.
(3) Contracts concluded under the Regulations shall be concluded in the Polish language.
(4) In the event of a possible dispute with a Buyer who is not a privileged Buyer, the competent court shall be the court having jurisdiction over the registered office of the Seller.
(5) Any liability of the Seller to a Buyer who is not a Priority Buyer, to the extent permitted by law, is excluded.
(6) Warranty liability to the Preferred Entrepreneur is excluded.