§ 1 PRELIMINARY PROVISIONS
1. Tradycja.biz online store, available at https://www.tradycja.biz, is run by Tradycja Fabryka Okien sp.z o.o. sp.k. with its registered office in 33-300 Nowy Sącz, ul. Elektrodowa 47, entered into the National Court Register by the District Court for KRAKÓW ŚRÓDMIEŚCIE IN KRAKÓW, 12th COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under the number KRS 0000655378, NIP [tax identification number] 7343374726, REGON 120928657, share capital PLN 8,000.
2. These Regulations are addressed to both Consumers and Entrepreneurs using the Store and define the rules for using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
1. Consumer - a natural person concluding an agreement with the Seller as part of the Store, the subject of which is not directly related to his/her business or professional activity.
2. Seller - Tradycja Fabryka Okien sp. z o.o. sp.k. with its registered office in 33-300 Nowy Sącz, ul. Elektrodowa 47, entered into the National Court Register by the District Court for KRAKÓW ŚRÓDMIEŚCIE IN KRAKÓW, 12th COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER under the number KRS 0000655378, NIP [tax identification number] 7343374726, REGON 120928657.
3. Civil Code - the Civil Code Act of 23 April 1964 (Journal of Laws 2017.459).
4. Customer - each entity making purchases in the Store.
5. Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which the separate law grants legal capacity, performing on its own behalf an economic activity that uses the Store.
6. Store - an online store run by the Seller at the Internet address https://www.tradycja.biz
7. Distance contract - contract concluded with the Customer as part of an organized system of concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the conclusion of the contract.
8. Regulations - these Store regulations.
9. Order - the Customer's statement of will submitted via the Order Form and aimed directly at concluding the Product Sales Agreement with the Seller.
10. Account - customer account in the Store, it contains data provided by the Customer and information about Orders placed thereby in the Store.
11. Registration form - a form available in the Store that allows you to create an Account.
12. Order form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
13. Cart - an element of the Store's software in which the Products selected for purchase are visible, and it is also possible to determine and modify the Order data, in particular the quantity of products.
14. Product - a movable item/service available in the Store which is the subject of the Sales Agreement between the Customer and the Seller.
15. Sales Agreement - a Product sales agreement concluded between the Customer and the Seller via the Online Store. The Sales Agreement shall also mean - in accordance with the features of the Product - an agreement for the provision of services and a contract for specific work.
16. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws of 2017, item 683).
17. “The delivery costs range from PLN 22 to PLN 300 and depend on the size of the shipment" or "Delivery costs: Courier - PLN 10; parcel locker - PLN 20; DHL - PLN 30 "
§ 3 GENERAL PROVISIONS
1. These regulations define the rules of using the Portal by the Users and the rules of concluding a Sales Agreement via the Portal. The provisions of these Regulations are not intended to exclude or limit any rights of the Customer who is also a Consumer under the mandatory provisions of law. In the event of non-compliance of the provisions of these Regulations with the above provisions, these provisions shall prevail.
2. Services provided via the Portal are services provided electronically within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219). Those services and the sale of Products are also subject to legal regulations protecting the interests of consumers concluding distance agreements, in particular the provisions of the Act of 30 May 2014 on consumer rights.
3. The Buyer has the right to withdraw from the agreement in writing without giving any reason within fourteen days from the date of the agreement under the Act of 30 May 2014. (Journal of Laws of 2014, item 827 as amended) In the event of a written withdrawal from the agreement, the Customer shall be obliged to return the goods within fourteen days.
4. The Controller shall contact the Customer at the email address provided by the Customer on the Portal.
5. The Customer may contact the Controller with the help of: a. phone: (18) 444 40 28, or correspondence address: Tradycja Fabryka Okien sp. z o.o. sp.k., ul. Elektrodowa 47, 33-300 Nowy Sącz
6. In the event of exercising the right to a 14-day withdrawal, the cost of returning the goods shall be borne by the buyer.
7. Goods sold in the Store are covered by the manufacturer's guarantee.
8. The Customer may choose the following payment methods for the ordered goods: BLIK payments, payment card, electronic transfer via an external payment system imoje, operated by ING Bank Śląski S.A. with its registered office in Katowice.
9. Goods sold in the Store are covered by the manufacturer's guarantee.
10. The Customer may choose the following payment methods for the ordered goods: BLIK payments, payment card, electronic transfer via an external payment system imoje, operated by ING Bank Śląski S.A. with its registered office in Katowice.
§ 4 PROVISION OF ELECTRONIC SERVICES - GENERAL INFORMATION
1. The Portal provides online store services (hereinafter: "SI") as well as informative content.
2. Using the content of the Portal and the Online Store does not require registration.
3. The Service Provider provides an Electronic Service via the Portal, enabling Users to place an order in SI.
4. The minimum technical requirements necessary to work with the ICT system used by the Service Provider:
a). Computer or telephone with Internet access;
b). Access to email.
c). Web browser.
5. The User is prohibited from providing illegal content.
6. The User is obliged to enter data in accordance with the facts.
7. The User is obliged to use the Portal in a manner consistent with the law and morality, with respect for personal rights and intellectual property rights of third parties.
8. In order to ensure the security of the transmission of messages, the Service Provider takes technical and organizational measures appropriate to the degree of threat to the security of the Electronic Service provided.
9. These Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219).
§ 5 CONTACT WITH THE STORE
Seller's address: Tradycja Fabryka Okien sp. z o.o. sp.k., ul. Elektrodowa 47, 33-300 Nowy Sącz
Seller's email address: firstname.lastname@example.org
Seller's phone number: +48 (18) 444 40 28
Seller's fax number +48 (18) 18 44 000 16
Seller's bank account number 41 1050 1722 1000 0090 3007 8308
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
§ 6 CONDITIONS FOR CONCLUDING A SALES AGREEMENT
1. In addition to the SI service, it is possible to purchase in the Online Store run by the Seller the selected Products presented on the Portal.
2. Announcements, advertisements, price lists and other information about the Products provided on the website of the Online Store, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
3. The Product price shown on the Online Store website is given in Polish zlotys and consists of the nominal value of a given Product and the cost of issuing the Product, which includes VAT. Regardless of the price of the Product, the Customer bears the cost of delivery of the Product in accordance with the information contained on the website of the Online Store.
4. The Product price shown on the Online Store website is binding at the time of placing the Order by the Customer. This price shall not change regardless of price changes in the Online Store, which may occur for individual Products after placing the Order by the Customer.
5. Placing an order is possible for those who are not registered on the Customer Portal. In order to place an order for a Product, the Customer is obliged to enter the Online Store website, select the Product using an interactive form and send a correctly completed electronic order form.
6. When placing an order, provide the data necessary for the execution of the order and delivery (first name and last name, address (street, house number, town and postcode), contact telephone number, email address, Product, Product quantity, payment method, delivery method, shipping information. When placing the order - the customer has the option to modify the entered - data until the order is placed. To do this, follow the information available on the Online Store website.
7. Placing an order using the interactive form occurs when you click the "send order by email" field in the form. By clicking this button, the Customer undertakes to pay the Product price and the Product delivery costs in the amount specified on the Online Store website.
8. The Seller reserves the right to verify the data contained in the content of the Product order. The Seller shall have the right to refuse to execute the Product order within 2 days from the date of placing the Product order by the Customer in the event of false or incomplete data contained in the content of the Product order.
9. The Seller reserves the right to withdraw individual Products from the offer available on the Online Store website at any time. The above right applies to placed orders for Products.
10. After placing the order, the Seller immediately (1) confirms its receipt, which makes bind the Customer with its statement and (2) accepts the order for implementation - at this point, the Sales Agreement is concluded, which results in the Customer's obligation to pay the selling price and delivery costs of the Product. Confirmation of the receipt of the order and its acceptance for implementation occurs by sending the Customer an appropriate message to the email address provided during the ordering process (email address).
§ 7 MAIL ORDER SALE - DELIVERY
1. In the event of the conclusion of the Sales Agreement, the Product shall be delivered no later than within 31 business days from the date on which the Sales Agreement was concluded. The Seller shall deliver the Products via courier.
2. The Products delivery shall be executed on the territory of the Republic of Poland.
3. The Customer shall bear the costs of delivery of the Product in the amount specified on the Online Store website in the "Delivery" section.
4. The Seller shall be obliged to provide the Customer with a Product without defects.
5. The cost of delivery of the Product shall be added to the price of the Product when placing the Product order by the Customer.
§ 8 PAYMENT
1. The Customer may choose the following payment methods for the ordered goods:
BLIK payments, payment card, electronic transfer via an external payment system imoje, operated by ING Bank Śląski S.A. with its registered office in Katowice.
2. All payments should be made by bank transfer to the Seller's bank account specified in the offer.
3. By using the above-mentioned payment methods, the Customer does not bear any additional costs, except for costs imposed by entrepreneurs through which the payment is made, in particular banks.
§ 9 COMPLAINTS
1. In the event of non-compliance of the goods with the agreement, the complained product, together with a letter specifying the non-compliance and expectations regarding the manner of fulfilling the Store's obligations, should be sent back by courier to the following address: Tradycja Fabryka Okien sp.z o.o. sp.k., ul. Elektrodowa 47, 33-300 Nowy Sącz. For this purpose, please contact the Store's staff to obtain a complaint application number in accordance with the ordering procedure.
2. In the event of any damage caused during transport, the basis for considering any complaints is the complaint report.
3. When accepting the goods, the Buyer is obliged to check whether the shipment is not damaged during transport. If the Customer has doubts as to the possibility of damaging the product, the shipment should be opened in the presence of the courier or the Store's employee - in order to check whether the damage during transport has caused any damage to the product - and put an appropriate annotation in the report. Complaints about damage caused during transport, which in no way touched the product itself, will not be considered, and the customer shall be charged the cost of repeated delivery of the goods. Checking the shipment on delivery is a necessary condition for considering any Customer claims for damage of the shipment during transport.
4. The condition for considering a possible complaint regarding mechanical damage caused during transport is drawing up a complaint report in the presence of a courier or a company employee. The Customer is obliged to attach the report to the complaint.
5. Any defects in the delivered goods, quantitative shortages of installation accessories or furniture elements revealed after the acceptance of the goods should be immediately reported to the Store's staff.
6. Differences resulting from the individual settings of the Customer's computer (color, proportions, etc.) cannot be the basis for a complaint about the purchased goods. The photos presented on the Store's website are illustrative, fabrics and colors may slightly differ from those available.
7. The guarantee and other rights provided for by the Act, including the right to withdraw from the agreement, shall not apply when the product is affected by mechanical damage of external origin. Therefore, before accepting the packaging, the packaging should always be checked that it has not been damaged during transport. In particular, attention must be paid to the condition of the packaging or tapes attached to the packaging. Checking the shipment on delivery is a necessary condition for considering any Customer claims for damage or theft of the shipment during transport.
8. Complaints about upholstered furniture with upholstery made of natural leather, resulting from their properties, e.g. scars, insect punctures, stretching of the face, as well as certain differences in thickness, softness, etc., which an expert can identify as traces of the natural nobility of the leather cannot be the basis for complaint.
9. The natural properties of wood, such as local discoloration, rings, knots, differences in shades, varnish consumption, etc., cannot constitute grounds for a complaint.
§ 10 MAIL ORDER SALE - THE RIGHT TO WITHDRAW FROM THE AGREEMENT
1. The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
2. The running of the period specified in paragraph 1 shall begin with the delivery of the Product to the Consumer or a person designated thereby other than the carrier.
3. In the case of an Agreement that covers many Products that are delivered separately, in batches or in parts, the date specified in paragraph 1 shall run from the delivery of the last item, batch or part.
4. In the case of an Agreement which consists in the regular delivery of the Products for a specified period (subscription), the date specified in paragraph 1 shall run from taking possession of the first thing.
5. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
6. The statement may be sent by traditional mail, fax or electronically by sending the statement to the Seller's email address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on the form, the specimen of which is attached as Appendix 1 to these Regulations and Appendix to the Act of 30 May 2014 on consumer rights, but it is not obligatory.
7. If the Consumer sends the statement by email, the Seller shall immediately send the Consumer to the email address provided by the Consumer confirmation of receipt of the statement of withdrawal from the Agreement.
8. Consequences of withdrawal from the Agreement:
a) In the event of withdrawal from a Distance Agreement, the Agreement shall be deemed not to have been concluded.
b) In the event of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made thereby, including the costs of delivering the goods, with the exception of additional costs resulting from the delivery method chosen by the Consumer, other than the cheapest usual delivery method offered by the Seller.
c) The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original payment, unless the Consumer has expressly agreed to a different solution that will not involve any costs therefor.
d) The Seller may withhold the reimbursement until the Product is returned or until proof of its return is provided thereto, whichever occurs first.
e) The Consumer should return the Product to the Seller's address provided in these Regulations immediately, no later than 14 days from the day on which it informed the Seller about the withdrawal from the Agreement. The deadline shall be met if the Consumer sends the Product back within 14 days.
f) The Consumer bears the direct costs of returning the Product, including the cost of returning the Product, if, due to its nature, the Product could not be returned by regular mail.
g) The Consumer is only responsible for reducing the value of the Product resulting from using it in a different way than was necessary to establish the nature, characteristics and functioning of the Product.
9. If, due to the nature of the Product, it cannot be returned by regular mail, information about this, as well as about the costs of returning the Product, shall be included in the Product description in the Store.
10. The right to withdraw from a distance contract is not available to the Consumer in relation to the Agreement:
a) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his/her individual needs,
b) in which the subject of the service is an item delivered in a sealed packaging, which after opening the packaging cannot be
c) returned for health protection or hygiene reasons, if the packaging has been opened after delivery,
d) in which the subject of the provision is an item that deteriorates quickly or has a short shelf-life,
e) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the provision that after the Seller has fulfilled the service, it will lose the right to withdraw from the Agreement,
f) 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,
g) in which the subject of the performance are items that after delivery, due to their nature, are inseparably connected with other items,
h) in which the subject of the performance are alcoholic beverages, the price of which was agreed at the conclusion of the sales agreement, and the delivery of which may take place only after 30 days and the value of which depends on fluctuations on the market over which the Seller has no control,
i) in which the subject of the performance are sound or visual recordings or computer software delivered in a sealed packaging, if the packaging has been opened after delivery,
j) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement, for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the deadline to withdraw from the engagement and after informing the Seller about loss of the right to withdraw from the Agreement.
§ 11 COMPLAINTS AND GUARANTEE
1. The Sales Agreement covers new Products.
2. The Seller shall be obliged to provide the Customer with an item free from defects.
3. In the event of a defect in the goods purchased from the Seller, the Customer shall have the right to make a complaint based on the provisions regarding the warranty in the Civil Code.
4. Complaints should be submitted in writing or electronically to the addresses of the Seller provided in these Regulations.
5. It is recommended to include in the complaint, inter alia, a brief description of the defect, the circumstances (including the date) of its occurrence, the details of the Customer submitting the complaint, and the Customer's request in connection with the defect of the goods.
6. The Seller shall respond to the complaint immediately, no later than within 14 days, and if it does not do so within this period, it shall be considered that the Customer's request was considered justified.
7. The Goods returned under the complaint procedure should be sent to the following address: Tradycja Fabryka Okien sp.z o.o. sp.k., ul. Elektrodowa 47, 33-300 Nowy Sącz
8. If a guarantee has been granted for the Product, information about it, as well as its content, shall be included in the description of the Product in the Store.
§ 12 EXTRAJUDICIAL MEANS OF DEALING WITH COMPLAINTS AND REDRESS
1. Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to those procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include Consumer protection, Provincial Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection:
- http://www.uokik.gov.pl/spory_konsumenckie.php- http://www.uokik.gov.pl/sprawy_indywidualne.php- http://www.uokik.gov.pl/wazne_adresy.php
2. The Consumer shall have the following example possibilities of apply the extrajudicial means of dealing with complaints and redress:
a) The Consumer shall be entitled to apply to a permanent amicable consumer court referred to in Artilce 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
b) The Consumer shall be entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
c) The Consumer may obtain free assistance in resolving the dispute between him/her and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including Consumers' Federation, Association of Polish Consumers).
§ 13 PERSONAL DATA IN THE ONLINE STORE
1. The controller of personal data of the Customers collected via the Online Store is the Seller.
2. The Customers' personal data collected by the controller via the Online Store is collected in order to perform the Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. The recipients of personal data of the Customers of the Online Store may include:
a) In the case of a Customer who uses the Online Store with the method of delivery by post or courier, the Controller provides the Customer's collected personal data to the selected carrier or intermediary performing the shipment at the request of the Controller.
b) In the case of a Customer who uses the Online Store with the method of electronic payments or with a payment card, the Controller provides the Customer's collected personal data to the selected entity servicing the above payments in the Online Store.
4. The Customer shall have the right to access his/her data and correct it.
5. Providing personal data is voluntary, but failure to provide the personal data indicated in the Regulations necessary to conclude a Sales Agreement shall result in the inability to conclude this agreement.
§ 14 FINAL PROVISIONS
1. The agreements concluded through the Online Store are in Polish.
2. The Seller reserves the right to amend the Regulations for important reasons, i.e.: changes in the law, changes in payment and delivery methods - to the extent to which those changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: provisions of the Civil Code; the act on the provision of electronic services; the act on consumer rights, the act on the protection of personal data.
4. The Customer shall have the right to apply extrajudicial means of dealing with complaints and redress. For this purpose, it may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/.