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Regulations of the online store NATYCHMIASTOWO

Specifying, inter alia, rules for concluding sales contracts through the store, containing the most important information about the Seller, the store and consumer rights.

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
§ 12 Provisions regarding Buyers who are not Consumers
Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday, excluding public holidays.
Account - a free Store function (service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up his individual Account in the Store.
Consumer - a consumer within the meaning of the provisions of the Civil Code.
Buyers - each Buyer in the Store.
Regulations - these regulations.
Store - an online store NATYCHMIASTOWO run by the Seller at https://www.natychmiastowo.pl.
Seller - JAN CIEŚLAK, an entrepreneur running a business under the name JAN CIEŚLAK "FIRMA HANDLOWO-USŁUGOWA", entered into the Central Register and Information on Economic Activity kept by the minister responsible for economy and keeping the Central Register and Information on Economic Activity, NIP 7291190290, REGON number 470519206, ul. Niciarniana 33/39, 92-320 Łódź.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Niciarniana 33/39, 92-320 Łódź
  2. E-mail address: kontakt@natychmiastowo.pl
  3. Telephone: +48 500 510 055

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, you need:
    • A device with Internet access
    • A web browser that supports JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements set out in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

  1. The prices of goods visible in the Store are the total prices for the goods, including VAT.
  2. The Seller points out that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery of the goods.
  3. The product selected for purchase should be added to the basket in the Store.
  4. Then, the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
  5. The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.
  6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
  7. The Seller shall provide the Consumer with a confirmation of the conclusion of the sales contract on a durable medium at the latest upon delivery of the goods.
  8. The Buyer may register in the Store, i.e. set up an Account in it or make purchases without registration by providing his data with each possible order.

§ 5 PAYMENTS

  1. You can pay for the order placed, depending on the Buyer's choice:
    1. By ordinary transfer to the Seller's bank account.
    2. Via the payment platform:
      • PayPal
      • Transfers 24
    3. Cash on delivery, ie in cash at the time of delivery of the goods to the Buyer.
    4. In cash upon receipt of personal goods.
  2. If the Buyer selects payment in advance, the order must be paid within 7 Business Days of placing the order.
  3. The Seller informs that in the case of some payment methods, due to their specificity, payment for the order by this method is possible only immediately after placing the order.
  4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance.

§ 6 ORDER COMPLETION

  1. The Seller is obliged to deliver the goods without defects.
  2. The order fulfillment date 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 paying for it.
  4. In a situation where, under one order, the Buyer has purchased goods with different delivery dates, the order will be processed within the time limit applicable to the goods with the longest delivery date.
  5. Countries in which the delivery is carried out:
    • The Republic of Poland
    • All EU countries
  6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
    • Via a courier company
    • For InPost parcel lockers
  7. The Buyer may collect the goods in person at the company's premises during its opening hours.
  8. If the Buyer selects a personal collection, the goods will be ready for collection on the indicated date of order fulfillment, and if the Seller has indicated the date of shipment of the goods - on this date.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline to withdraw from the contract will expire after 14 days from the day:
    1. On which the Consumer acquired the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
    2. On which the Consumer acquires, or a third party other than the carrier and indicated by the Consumer acquires, possession of the last of the goods in the case of an agreement obliging to transfer the ownership of many things that are delivered separately.
  3. In order for the Consumer to exercise the right to withdraw from the contract, he must inform the Seller, using the data provided in § 2 of the Regulations, about his decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).
  4. The consumer may use the model withdrawal form at the end of the Regulations, but it is not obligatory.
  5. To meet the deadline to withdraw from the contract, it is enough for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract.

EFFECTS OF WITHDRAWAL FROM THE CONTRACT

  1. In the event of withdrawal from the concluded contract, the Seller returns to the Consumer all payments received from him, including the costs of delivering the goods (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the contract.
  2. The reimbursement will be made by the Seller using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in each case the Consumer will not incur any fees in connection with this return.
  3. The seller may withhold the reimbursement until receipt of the goods or until proof of its return is provided to him, whichever occurs first.
  4. The seller asks you to return the goods to the following address: ul. Niciarniana 33/39, 92-320 Łódź, immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
  5. The consumer bears the direct cost of returning the goods.
  6. The consumer is liable only for the decrease in the value of the goods resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the goods.
  7. If the goods, due to their nature, cannot be returned by regular mail, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE AGREEMENT

The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:

  1. In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs.
  2. In which the subject of the service is an item that deteriorates quickly or has a short shelf-life.
  3. In which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery.
  4. In which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
  5. In which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery.
  6. For the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.
  7. Where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract.
  8. For the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
  2. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
    1. Submit a price reduction statement
    2. In the event of a significant defect - submit a declaration of withdrawal from the contract
    3. Demand that the item be replaced with one that is free from defects
    4. Demand that the defect be removed
  3. The Seller asks for submitting a complaint under the 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 advertised goods to the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer at the Seller's expense, to the address: Niciarniana 33/39, 92-320 Łódź.
  5. If the product has been granted an additional guarantee, information about it, as well as about its conditions, is available in the product description in the Store.
  6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
  7. Consideration of the complaint by the Seller will take place within 14 days.

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:

  1. Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  2. Assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application 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.
  3. Free assistance of the municipal or poviat Consumer Ombudsman.
  4. ODR internet platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
  2. The Buyer's personal data are processed on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.

§ 11 RESERVATIONS

  1. The Buyer is forbidden to provide illegal content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the regulations. The contract is concluded on time and for the purpose of order fulfillment.
  3. Agreements concluded on the basis of these regulations are concluded in Polish.
  4. Nothing in these regulations excludes or in any way limits the consumer's rights under the law.

§ 12 PROVISIONS CONCERNING BUYERS WHO ARE NOT CONSUMERS

  1. The right to withdraw from a distance contract is not available to an entity other than the Consumer.
  2. Any liability of the Seller towards the Buyer who is not a Consumer is excluded.
  3. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.

Appendix No. 1 to the Regulations

Below is a model withdrawal form that the Consumer may or may not use:

** SPECIMEN FORM OF WITHDRAWAL FROM THE CONTRACT **
(this form should be completed and returned only if you wish to withdraw from the contract)

JAN CIEŚLAK "HANDLOWO-SERVICE COMPANY"
ul. Niciarniana 33/39, 92-320 Łódź, e-mail address: kontakt@natychmiastowo.pl

  • I ................................................ ......................... hereby inform about my withdrawal from the sales contract for the following items:

.................................................. .................................................. .................................................. .................................................. ............................

.................................................. .................................................. .................................................. .................................................. ............................

.................................................. .................................................. .................................................. .................................................. ............................

  • Date of receipt ............................................... .................................................. .................................................. .................................................. ....

  • Name and surname of the Consumer (s) .......................................... .................................................. .................................................. .......................

  • Consumer (s) address ............................................ .................................................. .................................................. ......................................

.................................................. .................................................. .................................................. .................................................. ............................

.................................................. ...........................................
Consumer's signature
(only if the form is sent in paper version)

Date ............................................

(*) Delete as appropriate.

Account regulations

Account regulations in the NATYCHMIASTOWO store

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Reservations

§ 1 DEFINITIONS

Account - the free Store function (service) regulated in these regulations, thanks to which the Buyer can set up his individual Account in the Store.
Buyers - each Buyer in the Store.
Store - an online store NATYCHMIASTOWO run by the Seller at https://www.natychmiastowo.pl
Seller - an entrepreneur running a business under the name JAN CIEŚLAK "FIRMA HANDLOWO-USŁUGOWA", entered into the Central Register and Information on Economic Activity kept by the minister responsible for economy and keeping the Central Register and Information on Economic Activity, NIP 7291190290, REGON number 470519206, ul. Niciarniana 33/39, 92-320 Łódź.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Niciarniana 33/39, 92-320 Łódź
  2. E-mail address: kontakt@natychmiastowo.pl
  3. Telephone: +48 500 510 055

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning and creation of an Account, you need:

  • An active e-mail account
  • A device with Internet access
  • A web browser that supports JavaScript and cookies

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and depends on the will of the Buyer.
  2. The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer's data.
  3. In order to create an Account, you must complete the appropriate form in the Store.
  4. At the time of creating the Account, an agreement is concluded for an indefinite period between the Buyer and the Seller in the scope of keeping the Account on the terms specified in the Regulations.
  5. The Buyer may cancel the Account at any time without incurring any costs.
  6. In order to cancel the Account, please send your resignation to the Seller at the following e-mail address: kontakt@natychmiastowo.pl, which will result in immediate deletion of the Account and termination of the Account maintenance contract.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be sent to the e-mail address kontakt@natychmiastowo.pl.
  2. Consideration of the complaint by the Seller will take place within 14 days.

EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, with:

  1. Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
  2. Assistance of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application 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.
  3. ODR internet platform available at: http://ec.europa.eu/consumers/odr/.

§ 6 PERSONAL DATA

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
  2. The Buyer's personal data are processed on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.

§ 7 RESERVATIONS

  1. The Buyer is forbidden to provide illegal content.
  2. The Account maintenance agreement is concluded in Polish.
  3. In the event of important reasons referred to in sec. 4, the Seller has the right to amend these Account Regulations.
  4. Important reasons referred to in sec. 3 are:
    1. the need to adapt the Store to the legal provisions applicable to the Store's operations
    2. improving the safety of the service provided
    3. a change in the functionality of the Account that requires modification of the Account regulations.
  5. The Buyer will be informed about the planned change of the Account regulations at least 7 days before the change is implemented via an e-mail sent to the address assigned to the Account.
    1.If the Buyer does not accept the planned change, he should inform the Seller about it by sending an appropriate message to the Seller's e-mail address kontakt@natychmiastowo.pl, which will result in termination of the Account maintenance agreement upon the entry into force of the planned change or earlier, if requested by the Buyer.
  6. If the Buyer does not object to the planned change until its entry into force, it is assumed that he accepts it, which does not constitute any obstacle to termination of the contract in the future.
  7. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
  8. Nothing in these regulations excludes or in any way limits the consumer's rights under the law.