pl
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The Online Store www.snowboardok.pl cares about consumer rights. The consumer cannot waive the rights granted to them in the Consumer Rights Act. Contract provisions less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them under mandatory legal provisions, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above-mentioned provisions, those provisions take precedence and should be applied.
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- CONDITIONS FOR CONCLUDING A SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS, AND TIME OF PRODUCT DELIVERY AND COLLECTION
- PRODUCT COMPLAINT
- OUT-OF-COURT MEANS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT OF WITHDRAWAL FROM THE CONTRACT
- PROVISIONS CONCERNING ENTREPRENEURS
- FINAL PROVISIONS
1. GENERAL PROVISIONS
1.1. The Online Store available at www.snowboardok.pl is operated by Tomasz Kopeć, conducting business activity under the name Kraft Sport Tomasz Kopeć, registered in the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister responsible for economy, with the following address of business activity: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, DOLNOŚLĄSKIE voivodeship, Tax ID 8971145633, REGON 932936154, email address: info@snowboardok.pl, and correspondence address ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, Dolnośląskie voivodeship.
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store (with the exception of section 9 of the Regulations, which is addressed solely to entrepreneurs).
1.3. The administrator of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, to the extent, and based on the principles indicated in the privacy policy published on the Online Store's websites. The provision of personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to access their content and the right to update and correct it.
1.4. Definitions:
1.4.1. BUSINESS DAY — one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM — a form available in the Online Store allowing for the creation of an Account.
1.4.3. ORDER FORM — an Electronic Service, an interactive form available in the Online Store allowing for the submission of an Order, in particular by adding Products to the electronic 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 generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants 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 1964 No. 16, item 93, as amended).
1.4.6. ACCOUNT — an Electronic Service, designated by an individual name (login) and password provided by the Service Recipient, a collection of resources in the Service Provider's IT system, in which the data provided by the Service Recipient and information about Orders placed by them in the Online Store are collected.
1.4.7. NEWSLETTER — an Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent newsletter editions containing information about Products, new items, 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 Client and the Seller.
1.4.9. REGULATIONS — these online store regulations.
1.4.10. ONLINE STORE - the Service Provider's online store available at: www.snowboardok.pl.
1.4.11. SELLER; SERVICE PROVIDER — Tomasz Kopeć conducting business activity under the name Kraft Sport Tomasz Kopeć registered in the Central Register and Information on Business Activity of the Republic of Poland maintained by the minister responsible for economy, with the following address of business activity: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, DOLNOŚLĄSKIE voivodeship, Tax ID 8971145633, REGON 932936154, email address: info@snowboardok.pl, and correspondence address ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, DOLNOŚLĄSKIE voivodeship.
1.4.12. SALES AGREEMENT — a product sales agreement concluded or being concluded between the Client and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE — a service provided electronically 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 generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT — the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended).
1.4.16. ORDER - a declaration of will by the Client submitted via the Order Form and aimed directly at concluding a Product Sales Agreement 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 — use of the Account is possible after completing two consecutive steps by the Service Recipient — (1) filling out the Registration Form, (2) clicking the "Create account" field. The Registration Form requires the Service Recipient to provide the following Service Recipient data: first and last name/company name, 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 ID number.
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 an appropriate request to the Service Provider, in particular via email to: info@snowboardok.pl or in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, DOLNOŚLĄSKIE voivodeship.
2.1.2. Order Form — use of the Order Form begins when the Client adds the first Product to the electronic cart in the Online Store. Placing an Order occurs after the Client has completed two consecutive steps — (1) after filling out the Order Form and (2) clicking the "Confirm purchase" field on the Online Store website after filling out the Order Form — until this moment it is possible to independently modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). The Order Form requires the Client to provide the following data regarding the Client: first and last name/company name, address (street, house/apartment 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 delivery of the Product(s), method of payment. In the case of Clients who are not consumers, it is also necessary to provide the company name and Tax ID number.
2.1.2.1. The Order Form Electronic Service is provided free of charge and is of a one-time nature and ends when the Order is placed via it or when the Service Recipient earlier ceases to place the Order via it.
2.1.3. Newsletter — using the Newsletter occurs after providing an email address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent, and clicking the "Subscribe" field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account — once the Account is created, 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 (resign from the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to: info@snowboardok.pl or in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, DOLNOŚLĄSKIE voivodeship.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) web browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling the web browser to save Cookies and support Javascript.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, taking into account respect for personal rights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing content of an unlawful nature.
2.4. Complaint 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, which has been indicated in section 6 of the Regulations) may be submitted by the Service Recipient, for example:
2.4.2. in writing to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, DOLNOŚLĄSKIE voivodeship;
2.4.3. in electronic form via email to: info@snowboardok.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 the irregularity; (2) the Service Recipient's request; and (3) contact details of the person submitting the complaint — this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements provided in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Client's complaint immediately, no later than within 14 calendar days from the date of its submission. Lack of response from the Seller within the above deadline means that the Seller considered the complaint justified.
6.6. The Client who exercises the rights under the warranty is obliged to deliver the defective Product at the Seller's expense to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, DOLNOŚLĄSKIE voivodeship. If due to the type of the Product or the way it is installed, the delivery of the Product by the Client would be excessively difficult, the Client is obliged to make the Product available to the Seller at the place where the Product is located.
7. OUT-OF-COURT MEANS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for the Client who is a consumer to use out-of-court means of dealing with complaints and pursuing claims, as well as the rules of access to these 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 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 and http://www.uokik.gov.pl/wazne_adresy.php.
7.2. The Client who is a consumer has the following exemplary possibilities of using out-of-court means of dealing with complaints and pursuing claims:
7.2.1. The Client is entitled to apply to a permanent consumer arbitration court, referred to in Art. 37 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulation on the organization and operation of permanent consumer arbitration courts is specified in the regulation of the Minister of Justice of September 25, 2001, on determining the regulation on the organization and operation of permanent consumer arbitration courts. (Journal of Laws 2001, No. 113, item 1214).
7.2.2. The Client is entitled to apply to the provincial inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000, on the Trade Inspection (Journal of Laws 2001 No. 4, item 25, as amended), with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Client and the Seller. Information on the rules and procedure of the mediation conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of individual Provincial Inspectorates of Trade Inspection.
7.2.3. The Client can obtain free assistance in resolving a dispute between the Client 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 the Consumer Federation, Polish Consumer Association). Advice is provided by the Consumer Federation at the toll-free consumer helpline number 800 007 707 and by the Polish Consumer Association at the email address: porady@dlakonsumentow.pl.
8. RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving any reason and without incurring costs, except for the costs specified in section 9.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: advice; ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, DOLNOŚLĄSKIE voivodeship;
8.1.2. in electronic form via email to: info@snowboardok.pl;
8.2. An example form for withdrawal from the contract is included in Annex 2 to the Consumer Rights Act.
8.3. The withdrawal period begins:
8.3.1. for a contract under which the Seller issues the Product, being obliged to transfer its ownership (e.g., Sales Agreement) - from the moment the consumer or a third party indicated by them, other than the carrier, takes possession of the Product, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches, or in parts - from taking possession of the last Product, batch, or part, or (2) consists in regular delivery of Products for a specified period - from taking possession of the first of the Products;
8.3.2. for other contracts - from the day of conclusion of the contract.
8.4. In the case of withdrawal from a distance contract, the contract is considered not to have been concluded.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the consumer's statement of withdrawal from the contract, return to the consumer all payments made by them, including the costs of Product delivery (with the exception of additional costs resulting from the delivery method chosen by the Client other than the cheapest regular delivery method available in the Online Store). The Seller makes the refund using the same payment method used by the consumer, unless the consumer has expressly agreed to a different refund method, which does not incur 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 immediately, no later than within 14 calendar days from the day they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller for collection, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to return the Product before its expiry. The consumer can return the Product to the address: ul. Wyścigowa 46, 53-012 Wrocław, Wrocław district, DOLNOŚLĄSKIE voivodeship.
8.7. The consumer is liable for the decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a Product delivery method other than the cheapest regular delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer to 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, the performance of which - at the express request of the consumer - began before the expiry of 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 provided until the withdrawal from the contract. The amount of payment is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. 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 express consent of the consumer, who was informed before the start of the service that after the Seller fulfills the service, they will lose the right to withdraw from the contract; (2) 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 expiry of the withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specification or serving to satisfy their individualized needs; (4) in which the subject of the service is a Product subject to quick deterioration or with a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which cannot be returned after opening the package due to health protection or for hygienic reasons, if the package was opened after delivery; (6) in which the subject of the service are Products that after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and the delivery 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; (8) in which the consumer has expressly requested that the Seller come to them for urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or delivers Products other than spare parts necessary for repair or maintenance, the right of withdrawal from the contract applies to the consumer in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription contract; (11) concluded by public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transport of items, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract indicates the day or period of service provision; (13) for the delivery of digital content that is not recorded on a tangible medium, if the fulfillment of the service began with the express consent of the consumer before the expiry of the withdrawal period and after informing them by the Seller about the loss of the right to withdraw from the contract.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section of the Regulations and the provisions contained therein apply only to Clients and Service Recipients who are not consumers.
9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Client who is not a consumer against the Seller.
9.3. In the case of Clients who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.
9.4. Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product pass to the Client who is not a consumer. The Seller in such a case is not liable for the loss, decrease in value, or damage to the Product arising from its acceptance for transport until its delivery to the Client, or for delay in the transport of the shipment.
9.5. In the case of sending the Product to the Client via a carrier, the Client who is not a consumer is obliged to examine the shipment in the time and manner adopted for shipments of this type. If they find that during transport there was a decrease in value or damage to the Product, they are obliged to take all necessary actions to establish the carrier's liability.
9.6. In accordance with Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Client who is not a consumer is excluded.
9.7. In the case of Service Recipients who are not consumers, the Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.
9.8. The liability of the Service Provider/Seller towards the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited - both within a single claim and for all claims in total - to the amount of the paid price and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The Service Provider/Seller is liable towards the Service Recipient/Client who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits towards the Service Recipient/Client who is not a consumer.
9.9. Any disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer are submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Contracts concluded via the Online Store are concluded in Polish.
10.2. Amendment of the Regulations:
10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, namely: changes in legal provisions; 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 concluding contracts of a continuous nature based on these Regulations (e.g., provision of the Electronic Service - Account), the amended regulations bind the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code have been met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the contract within 14 calendar days from the date of notification. In the event that the amendment to the Regulations would result in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the contract.
10.2.3. In the case of concluding contracts of a different nature than continuous contracts based on these Regulations (e.g., Sales Agreement), amendments to the Regulations will not in any way violate the acquired rights of Service Recipients/Clients who are consumers before the date of entry into force of amendments to the Regulations, in particular amendments to the Regulations will not affect already submitted or placed Orders and concluded, implemented, or executed Sales Agreements.
10.3. In matters not regulated in these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded until December 24, 2014, with Clients who are consumers - provisions of the Act on the protection of certain consumer rights and on liability for damage caused by a dangerous product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on special conditions of consumer sales and on the amendment to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded from December 25, 2014, with Clients who are consumers - provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.