Terms and conditions through the shopping cart Terms and conditions of the Sanitbuy Online Store I. General provisions - These Terms and Conditions define the general terms and principles of use of the Online Store and the method of providing services by electronic means and sales carried out through the sanitbuy.pl Online store by Sanitbuy.pl Krzysztof Białkowski seated at Zakopiańska 58A Street, 30-418 Kraków.
- Contact with the Service Provider is carried out through:
- the email address sklep@sanitbuy.pl;
- by telephone at +48 12 266 86 66
- These Terms and Conditions are continuously available on the http://sanitbuy.pl website, in a manner enabling the Users to download, restore and save its content through printing or saving to a storage device at any time.
II. Definitions The terms used in these terms and conditions have the following meaning: |
- Working days – are days from Monday to Friday excluding statutory holidays;
- Customer – a natural person who has full legal capacity to act, a legal person or organizational unit that is not a legal person, upon whom special provisions confer legal capacity, who makes an Order in the Store;
- The Civil Code – Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
- Account – a part of the Online store assigned to the given Customer through which the Customer can perform specific activities within the Online store;
- Terms and Conditions – this document;
- Registration – a one-time activity consisting in the creation of a Customer Accounts with the use of the registration form made available by the Seller on the Online Store website;
- Online Store (Store) – websites through which the Customer can in particular place Orders;
- Seller - Krzysztof Białkowski, conducting a business activity under the name Sanitbuy.pl in Kraków at Zakopiańska 58A Street, 30-418 Kraków, TAX ID [NIP]:6781149532, National Business Registry Number [REGON]: 356573438, entered into the Central Register and Information on Economic Activity operated by the Minister of Economy of the Republic of Poland;
- Goods – products presented in the Online Store, whose description is available nest to each of the presented products;
- Contract of Sale – contract of sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Services – Services provided by Seller to the
- Customers by electronic means within the meaning of the provisions of the Act of 18 July 2002 on Providing services by electronic means (Journal of Laws No. 144, item 1204, as amended);
- Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, No. 827);
- Act on Providing services by electronic means – Act of 18 July 2002 on Providing services by electronic means (Journal of Laws No. 144, item 1204, as amended);
- Order – the Customer's declaration of intent, leading directly to the conclusion of a Contract of sale, specifying in particular the type and quantity of the Goods.
III. Terms of use of the Online Store - Using the Online Store is possible provided that the system used by the customer fulfills the following minimum technical requirements:
- computer with Internet access,
- access to email,
- internet browser: Internet Explorer 11 or later, Firefox 28.0 or later or Chrome 32 or later,
- enabled Cookies and JavaScript in the Internet browser.
- not supplying and not transferring content prohibited by law, e.g. content promoting violence, defamatory content or content violating personal and other
- rights of third parties,
- using the Online Store in a way that doesn't disturb its functioning, especially though the use of specific software or devices,
- refraining from activities such as: sending or posting within the Online store of unsolicited commercial information (spam),
- using the Online Store without inconveniencing other customers and the Seller,
- using any content contained in the Online Store only for personal use,
- using the Online Store in accordance with the legal provisions applicable in the Republic of Poland, the provisions of the Terms and Conditions, and with the general principles of Internet use.
- Using the Online Store means any activity of the Customer that leads to familiarizing with the content contained in the Store.
- The customer is obliged in particular to:
IV. Services - The Seller enables, through the Online Store, the use of the free services consisting in:
- viewing of information posted in the Online Store,
- running an Account in the Online Store,
- providing an interactive form enabling the Customers to submit an Order in the Store,
- posting information on the Goods in the Store.
- The services referred to in point 1 are provided by the Seller 24 hours a day, 7 days a week.
- The Contract:
- on the provision of a service consisting in the viewing of information contained in the Store is concluded for a fixed period of time and is terminated upon the closing of the Store web site by the Customer,
- on the provision of a service consisting in the running of an Account in the Store is concluded for an indefinite period and is terminated upon the Customer's request for the removal of the Account or the use of the "Delete Account" button.
- on the provision of a service consisting in providing an interactive form enabling the Customers to submit an Order in the Store, is concluded for a fixed period of time and is terminated upon the placement of the Order,
- on the provision of a service consisting in posting opinions on the Goods in the Store, is concluded for a fixed period of time and is terminated upon the posting of the opinion,
- The service of running an Account in the Online Store is available following the Registration. The User is Registered by completing and accepting the registration form available on one of the Store pages.
- In order to Register it is necessary to accept the Terms and Conditions and to provide the personal information marked as required.
- The Customer has the option of posting individual and subjective opinions in the Store,
- relating to, i.a. the Goods or the course of the transaction. By adding the comments the Customer represents that he has all the rights to these contents, and in particular the proprietary copyrights, related rights and industrial property rights.
- In order for the comments to be published, the Customer may be asked to provide his data, i.e. email address.
- The comments should be formulated in a clear and comprehensible manner and they cannot contain illegal contents.
- The comments may not violate the applicable provisions of the law, including the rights of third parties - in particular, they cannot be defamatory, violate personal rights or constitute an act of unfair competition.
- The Customer posts his comments in the Store voluntarily. The posted comments are disseminated on the Store web pages.
- By posting a comment the Customer agrees to the free use of the comment and its publication by the Seller as well as making adaptations of works within the meaning of the Act on Copyright and Related Rights (Journal of Laws of 1994, No. 24, item 83).
- In the event of a breach of the provisions of these Terms and Conditions by the Customer, the Seller, after a prior ineffective call on the Customer to cease violations or remove the violations within an appropriate deadline, may terminate the contract for the provision of Services with a 14 day notice
- period.
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- The Store has the right to organize occasional contests and promotions, whose terms will each time be provided on the Store web pages.
- The promotions in the Store are not combined, unless the Terms and Conditions of the given promotion provide otherwise.
V. The procedure for the conclusion of the Contract of sale - The information about the Goods provided on the Store web pages, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Article 71 of the Civil Code.
- To submit an Order it is necessary to have an active email account.
- Orders can be submitted 24 hours, 7 days a week through the Order Form.
- An order can be submitted by:
- filling out the electronic Order form, which includes the Customer's data needed to carry out the Order, and in particular: name and surname, place of residence and email address,
- the use of the Customer's personal data obtained as a result of prior registration in the Store (purchase through the Customer Account).
- In order to conclude a Contract of Sale through the Online Store and the Order form made available therein, it is necessary to select the goods, taking consecutive steps
- based on the messages displayed to the Customer and information available on the website.
- The selection of Goods ordered by the Customer is made through adding them to the cart.
- After the Customer using the Online Store provides all the necessary data, a summary of the submitted Order will be displayed in a clear and visible way. The Summary of the submitted Order shall include information concerning:
- the description of the subject of the Order,
- the unit and total price of the ordered products or services inclusive of taxes, including delivery costs and additional costs (if any),
- method of contact with the Seller,
- the selected method and date of payment,
- the selected method of delivery,
- the time of delivery,
- the contact information of the Customer
- data for the Invoice
- In order to submit an Order it is necessary to accept the Terms and Conditions and confirm reading the "Instruction on withdrawal from a contract", to provide personal information marked as required and press the "Order with obligation to pay" button.
- The submission of an Order by the Customer constitutes an offer to the Seller to conclude a contract of sale of the Goods which are the subject of the Order.
- After placing an Order, the Customer receives
- an email confirming the receipt of the Order (along with an individual Order number), including the final confirmation of all the important elements of the Order.
- Then the Seller sends to the email address provided by the Customer a confirmation of submission of an Order by the Customer, which constitutes the Seller's declaration of acceptance of the offer referred to in point 9 above.
- The fixing, securing, making available and confirming to the Customer the important provisions of the Contract of Sale of Goods is done by sending them to the Customer to the provided email address or by attaching a printout of the Order confirmation, Order specification and VAT invoice/receipt to the consignment containing the Goods.
- The Contract of sale is concluded in the Polish language, and its content shall be in accordance with the Terms and Conditions.
VI. Delivery - The delivery of Goods is limited to the territory of the European Union and is carried out to the address specified by the Customer during the placement of the Order
- The Customer can choose the following forms of delivery of the ordered Goods:
- through a courier company
- Seller's own transport
- personal pickup in the Seller's personal collection point
- In addition, the delivery costs will be indicated at the time of submitting the Order.
- The delivery is carried out immediately, no later than
- within 30 days from the conclusion of the contract.
- The Seller is responsible for the defects of the goods in accordance with the provisions of the Civil Code, and in particular Articles 556 and 5561 -5565 of the Civil Code.
VII. Pricing and payment methods - The prices of the Goods are provided in Polish złoty and are inclusive of all components, including VAT, customs duties and any other components.
- The customer can choose the following methods of payment:
- bank transfer to the Seller's bank account (in this case, the execution of the Order will be initiated after the Customer receives the confirmation of the Order from the Seller and the shipping will be carried out immediately upon the receipt of funds to the bank account of the Seller and the completion of the Order);
- cash payment during personal collection - payment in the personal collection point of the Seller (in this case the implementation of the Order shall be carried out immediately after the Customer receives the Order confirmation from the Seller and the Goods will be released in the Seller's personal collection point).
VIII. The right to withdraw from the contract - A Customer who is a consumer within the meaning of Article 22[1] of the Civil Code may withdraw from the contract without reason by submitting an appropriate statement within 14 days. In order to comply with this deadline, it is necessary to send the statement before its expiry.
- The Customer may prepare the statement on their own or use a model statement
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- on withdrawal from a contract, which constitutes Attachment no. 1 to these Terms and Conditions.
- The 14 day deadline runs from the date on which the Goods were delivered or in the case of a contract for the provision of Services, from the date of its conclusion.
- Upon receipt of the notice of withdrawal from the contract by the consumer, the Seller shall send to the email address of the consumer a confirmation of receipt of the notice of withdrawal.
- The right to withdraw from the contract by the consumer is excluded in case of:
- provision of services, if the Seller has provided the service in full, with the explicit consent of the consumer, who has been informed beforehand, that following the provision by the Seller he will forfeit the right to withdraw from the contract;
- a contract, in which the price or the remuneration depends on the fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline for withdraw from the contract;
- a contract, the subject of which is the provision of non-prefabricated Goods, manufactured according to the specifications of the consumer or to satisfy his individual needs;
- a contract, the subject of which is the provision of Goods undergoing rapid decay or with a short shelf life;
- a contract, the subject of which is the provision of Goods supplied in sealed packaging that cannot be returned after opening of the package due to health protection or for hygiene reasons, if the packaging has been opened after delivery;
- a contract, the subject of which is the provision of Products
- that following delivery, due to their nature, are inextricably linked with other Goods;
- a contract, the subject of which is the provision of alcoholic beverages, the price of which has been agreed at the conclusion of the Contract of Sale, and the supply of which can only take place after 30 days and the value of which depends on fluctuations in the market, over which the Seller has no control;
- a contract, in which the consumer specifically requested for the Seller to come to him in order to perform urgent repair or maintenance works; in the event the Seller additionally provides services other than those requested by the consumer or supplies Goods other than replacement parts necessary for the performance of the repair or maintenance works, the consumer's right to withdraw from the contract applies in relation to these additional services or Goods;
- a contract, the subject of which is the provision of audio or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery; the supply of journals, periodicals or magazines, with the exception of a subscription agreement;
- a contract concluded though a public auction;
- the provision of services in the field of accommodation, other than for residential purposes, the carriage of goods, renting of cars, catering services, services associated with leisure, entertainment, sports or cultural events, if the date or period of provision of the service is indicated in the contract;
- the provision of digital content that is not saved on a tangible medium, if the provision has begun with the explicit consent of the consumer prior to the deadline for withdraw from the contract and after
- he was notified by the Seller of the loss of the right to withdraw from the contract.
- In case of withdrawal from a distance contract, the contract shall be considered null and void. What the parties have rendered each other shall be returned unchanged, unless the change has been necessary under the limits of usual management and especially to establish the nature, characteristics and the functioning of the goods. The return shall be carried out immediately, but no later than within 14 days. The purchased Goods must be returned to the Seller's address.
- The Seller shall immediately, but no later than within 14 days of the receipt of the Customer's notice of withdrawal from the contract, return to the Customer all payments made by him, including the cost of delivery of the Goods. The Seller shall refund the payment using the same method of payment that was used by the consumer, unless the consumer agrees to a different method of return, at no additional cost to the consumer. The Seller may withhold the refund of the payments received from the Customer until the receipt of the Goods o provision of proof of dispatch by the Customer, depending on which event occurs first, unless the Seller offered to collect the Goods from the Customer himself.
- If the consumer choses a method of delivery of the Goods other than the cheapest standard method of delivery offered by the Seller, the Seller shall not be obliged to reimburse any the additional costs incurred by the consumer.
- The Customer shall only bear the direct cost of returning the Goods, unless the Seller agreed to cover it.
IX. Complaints regarding the Goods - The Seller shall be liable to the Customer, including the Customer who is a consumer within the meaning of Article 22[1] of the Civil Code, under the statutory warranty, for any defects on the terms specified in Articles 556 - 576 of the Civil Code.
- Complaints resulting from the breach of Customer Rights guaranteed by the law or on the basis of these Terms and Conditions, should be addressed to Sanitbuy.pl Krzysztof Białkowski, Zakopiańska 58A Street, 30-418 Kraków, sklep@sanitbuy.pl
- In order for the complaint to be considered, the Customer should send or deliver the Goods subject to the complaint, along with a proof of purchase if possible. The Goods should be delivered or sent to the address indicated in point 2 above.
- The Seller is obligated to consider each complaint within 14 days.
- In case of any deficiencies in the complaint the Seller shall call on the Customer to supplement it to the extent necessary, but no later than within 7 days from the date of receipt of the request by the Customer. The Seller reimburses the shipping costs to the Customer.
- The Seller is not the manufacturer of the Goods. The Manufacturer is responsible under the warranty of the sold Goods under the conditions and for the period specified in the warranty card. If the guarantee document provides for such possibility, the Customer may submit his complaint under the warranty directly at the authorized service whose address is provided in the warranty card.
X. Complaints regarding the provision of services by electronic means - The Customer can submit complaints to the Seller regarding the operation of the Store and the use of the Services. The complaints can be submitted in writing to the following address: Sanitbuy.pl Krzysztof Białkowski, Zakopiańska 58A Street, 30-418 Kraków, to the email address: sklep@sanitbuy.pl - form
- In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
- The Seller is obligated to consider each complaint within 14 days, and in case this is not possible, to inform the Customer within that period on when the complaint will be considered. In case of any deficiencies in the complaint the Seller shall call on the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer.
XI. Out-of-court methods of considering complaints and settlement of claims - A Customer who is a consumer has i.a. the following possibilities of using non-judicial means of considering complaints and settlement of claims:
- he is entitled to apply to the Permanent Amicable Consumer Court operating at the Trade Inspection with a request for the settlement of a dispute arising from the concluded Contract of Sale.
- he is entitled to apply to the voivodeship inspector of the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Customer and the Seller.
- he can obtain free help in the settlement of the dispute between the Customer and the Seller, also using the free assistance of the county (municipal) consumer advocate
or a social organization, whose - statutory tasks include consumer protection (i.a. the Polish Consumer Federation, the Association of Polish Consumers). The Polish Consumer Federation provides advice under the toll-free consumer helpline number 800 007 707 and the Association of Polish Consumers provides advice at the porady@dlakonsumentow.pl email address.
XII. Final provisions - The settlement of any possible disputes arising between the Seller and a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code shall be submitted to courts with jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.
- The settlement of any possible disputes arising between the Seller and a Customer who is not a consumer within the meaning of Article 22[1] of the Civil Code shall be submitted to the court with jurisdiction for the seat of the Seller.
- In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on Providing services by electronic means, the provisions of the Consumer Rights Act and other relevant provisions of the Polish law shall apply.
- The content of these Terms and Conditions is subject to change. Each Customer will be informed of any changes through an information on the Store homepage containing the summary of changes and the date of their entry into force. Customers who have a Customer Account will be further informed about the changes along with their summary at the provided email address. The date of entry of the changes into force shall be no less than 14 days from the date of their announcement. In case a Customer who has a Customer Account, does not accept the new Terms and Conditions, he is obliged to notify the Seller of this fact within 14 days from the date of notification of the change
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