Terms of service
TERMS AND CONDITIONS OF THE ONLINE STORE
www.svsmodern.com
§ 1
GENERAL PROVISIONS
Store www.svsmodern.com operates on the principles set forth in these Regulations.
The Regulations specify the conditions for the conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the Store www.svsmodern.com rules for the provision of these services, the conditions for the conclusion and termination of agreements for the provision of electronic services.
Each Service Recipient, from the moment of undertaking activities aimed at using the Electronic Services of the www.svsmodern.com store, is obliged to comply with the provisions of these Regulations.
In matters not covered by these Regulations, the provisions of:
the Act on Provision of Electronic Services of July 18, 2002,
Act on consumer rights of May 30, 2014,
Act on out-of-court resolution of consumer disputes of September 23, 2016,
Civil Code Act of April 23, 1964, and other relevant provisions of Polish law.
§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS
ORDER FORM - a form available on the website www.svsmodern.com that allows placing an Order.
CUSTOMER - a Customer who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER - a natural person who makes a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
ENTERPRISE - a natural person, a legal person and an organizational unit which is not a legal person, to which the law grants legal capacity, conducting business or professional activity in its own name.
PRODUCT - a movable item available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
REGULATIONS - these regulations of the Store.
SHOP - the Service Provider's online store operating at www.svsmodern.com.
SELLER, SERVICE PROVIDER - Orlikovska Oleksandra .......................................................................................
SALE AGREEMENT - Agreement for sale of a Product concluded between the Customer and the Seller through the Store.
ORDER - the Customer's statement of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
PRICE - the value expressed in monetary units that the Customer is obliged to pay to the Seller for the Product.
§ 3
INFORMATION ON PRODUCTS AND THEIR ORDERING
The Store www.svsmodern.com sells Products via the Internet.
Products offered in the Store are new, in accordance with the contract and have been legally introduced into the Polish market.
The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to buy a particular Product under the conditions specified in its description.
The price of the Product shown on the Store's website is given in Polish zloty (PLN) and includes all components. The price does not include delivery costs.
Orders can be placed through the website using the Order Form (Shop www.svsmodern.com) - 24 hours a day, all year round.
The condition for placing an Order in the Store by the Customer is reading the Terms and Conditions and accepting its provisions at the time of placing the Order.
§ 4
CONCLUSION OF SALES AGREEMENT
In order to conclude a Sales Agreement, it is necessary for the Customer to previously place an Order using the method made available by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
Once the Order is placed, the Seller shall immediately confirm its receipt.
Confirmation of receipt of the Order, as referred to in point 2 of this paragraph, binds the Customer to his/her Order. Confirmation of receipt of the Order is made by sending an e-mail message.
Confirmation of receipt of the Order includes:
confirmation of all essential elements of the Order,
withdrawal form,
these Terms and Conditions containing instructions on the right to withdraw from the contract.
Upon receipt by the Customer of the e-mail message referred to in item 4 of this paragraph, a Sales Contract is concluded between the Customer and the Seller.
Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
§ 5
METHODS OF PAYMENT
The Seller provides the following payment methods:
payment by traditional transfer to the Seller's bank account,
payment through an electronic payment system.
In the case of payment by traditional transfer, the payment should be made to the bank account number:64 1090 1014 0000 0001 5513 2142 (Santander bank)In the title of the transfer, please write “Order No. ...”.
In the case of payment through an electronic payment system, the Customer shall make payment before the Order is processed. The electronic payment system allows payment by credit card or quick transfer from selected Polish banks.
The Customer is obliged to pay the price of the Sales Agreement within ....... business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
The product will be shipped only after it has been paid for.
§ 6
COST, TIME AND METHODS OF DELIVERY OF THE PRODUCT
The cost of delivery of the Product, which is covered by the Customer, is determined during the process of placing the Order.
The term of delivery of the Product consists of the time of completion of the Product and the time of delivery of the Product by the carrier:
the time of completing the Products is 1-5 working days,
delivery of Products that are movable items by the carrier is within the time declared by the carrier, i.e. 1-3 working days from the moment of sending the shipment (delivery takes place only on working days excluding Saturdays, Sundays and holidays).
Products purchased from the Store are shipped only within the territory of Poland via the Polish Post or a courier company.
§ 7
PRODUCT COMPLAINT
Complaint regarding the lack of conformity of the Product with the contract.
The basis and scope of the Seller's liability towards the Customer who is a Consumer for the lack of conformity of the Product with the contract are specified in the Consumer Rights Act of 30 May 2014,
the basis and scope of the Seller's liability towards the Customer who is an Entrepreneur, under the warranty are specified in the Civil Code Act of 23 April 1964,
The Seller is liable towards the Customer who is a Consumer for the lack of conformity of the Product with the contract existing at the time of delivery of the Product and revealed within 2 years from that time, unless the expiry date of the Product specified by the Seller or persons acting on his behalf is longer,
notification of the lack of conformity of the Product with the contract and submission of an appropriate request can be made via e-mail to the following address: orlikovskaoleksandra@gmail.com in writing to the following address: Jana Olbrahta 122/ 57
in the above message in written or electronic form, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular the type and date of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Seller,
in order to assess the irregularities and non-conformity of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at its own expense,
the Seller will respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint,
in the case of a complaint from a Customer who is a Consumer - failure to consider the complaint within 14 days from its filing is tantamount to its acceptance,
in connection with a justified complaint from a Customer who is a Consumer, the Seller accordingly:
covers the costs of repair or replacement and re-delivery of the Product to the Customer,
reduces the price of the Product (the reduced price must be in proportion to the price of the goods in accordance with the contract to the goods inconsistent with the contract) and returns the value of the reduced price to the Consumer no later than within 14 days from the receipt of the declaration of price reduction from the Consumer,
in the event of withdrawal from the contract by the Consumer - the Seller returns the price of the Product to the Consumer no later than within 14 days of receipt of the returned goods or proof of their return. In the event of withdrawal from the contract, the Consumer is obliged to immediately return the goods to the Seller at the Seller's expense,
the response to the complaint is provided on paper or another durable medium, e.g. e-mail or SMS.
§ 8
RIGHT OF WITHDRAWAL FROM THE CONTRACT
Subject to point 10 of this paragraph, a Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting an appropriate declaration within 14 days.
In the event of withdrawal from the contract, the Sales Agreement is considered not concluded, and the Consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he withdrew from the contract, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry.
In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: Jana Olbrahta 126 Paczkomat WAW51HP
The Consumer is liable for any decrease in the value of the Product resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the Product, unless the Seller has failed to inform the Consumer or the entity referred to in § 10 about the method and deadline for exercising the right to withdraw from the agreement and has not provided them with a model withdrawal form. In order to determine the nature, characteristics and functioning of the Products, the Consumer should handle the Products and check them only in the same way as they could do in a brick-and-mortar store.
Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to another method of return that does not involve any costs for them. Subject to point 7 of this paragraph, the refund will be made immediately, and no later than within 14 days from the moment the Seller receives the declaration of withdrawal from the Sales Agreement.
If the Consumer has chosen a method of delivery of the Product other than the cheapest standard method of delivery offered by the Store, the Seller is not obliged to refund the additional costs incurred by him.
If the Seller has not offered to collect the Product from the Consumer himself, he may withhold the refund of payments received from the Consumer until the item is received back or proof of its return is provided, depending on which event occurs first.
The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, shall only bear the costs of returning the Product to the Seller.
The fourteen-day period within which the Consumer may withdraw from the agreement is counted for the agreement in the performance of which the Seller issues the Product being obliged to transfer its ownership - from the day on which the Consumer (or a third party indicated by him other than the carrier) took possession of the Product.
The right to withdraw from a distance contract does not apply to the Consumer in the case of a Sales Agreement, among others, where the subject of the service is a non-prefabricated product, manufactured according to the Consumer's specifications or intended to meet their individual needs.
The right to withdraw from the Sales Agreement applies to both the Seller and the Customer in the event of the other party's failure to fulfill its obligation within a strictly specified period.
§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
The Service Provider enables the use of the Electronic Service through the Store, which is the conclusion of Product Sales Agreements.
The provision of the Electronic Service to Service Recipients in the Store is carried out on the terms specified in the Regulations.
The Service Provider has the right to post advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.
§ 10
TERMS OF PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
The provision of the Electronic Service specified in § 9 item 1 of the Regulations by the Service Provider is free of charge.
The Agreement for the provision of the Electronic Service consisting in enabling the placement of an Order in the Store is concluded for a fixed period and is terminated upon the placement of an Order or the cessation of its placement by the Service Recipient.
Technical requirements necessary for cooperation with the IT system used by the Service Provider:
computer (or mobile device) with Internet access,
access to e-mail,
internet browser,
enabling Cookies and Javascript in the internet browser.
The Service Recipient is obliged to use the Store in a manner consistent with the law and good practices, taking into account respect for personal rights and intellectual property rights of third parties.
The Service Recipient is obliged to enter data consistent with the factual state.
The Service Recipient is prohibited from providing content of an illegal nature.
§ 11
COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via e-mail to the following address: ……………………
In the above e-mail message, provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Service Provider.
The complaint will be considered by the Service Provider immediately, no later than within 14 days from the date of submission.
The Service Provider's response to the complaint is sent to the Service Recipient's e-mail address provided in the complaint notification or in another manner provided by the Service Recipient
§ 12
FINAL PROVISIONS
Agreements concluded through the Store are concluded in accordance with Polish law.
In the event of any inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the disputed provision of the Regulations.
All disputes arising from Sales Agreements between the Store and Consumers shall be resolved first through negotiations, with the intention of amicably resolving the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this is not possible or is unsatisfactory for either party, the disputes shall be resolved by a competent common court, in accordance with point 4 of this paragraph.
Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
A Client who is a Consumer also has the right to use out-of-court methods of resolving disputes, in particular by submitting, after the end of the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodship Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection. Extrajudicial claims settlement after the end of the complaint procedure is free of charge.
In order to amicably resolve the dispute, the consumer may in particular file a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.
Document prepared using an automatic generator available at www.lexlab.pl/generator-regulaminu