TERMS AND CONDITIONS OF SALE USING REMEDIES FOR DISTANCE AND PROVIDING SERVICES BY ELECTRONIC MEANS
These regulations define the rules for making purchases in an online store operated by the Seller at www.shamasa.pl. The seller is SHAMASA Magdalena Migdał with its registered office in Skoczów, registered under NIP number: 5481712336, also known as "Service Provider or Seller". Contact with the Service Provider can be obtained: by phone: + 48 609 888 686 or using the e-mail address: email@example.com.
- Regulations - these regulations. In the scope of services provided electronically, the Regulations are the regulations referred to in art. 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended).
- Client (Buyer) - a natural person who is at least 13 years old, but if the person is 18 years of age, the consent of its legal representative is required, as well as a legal person and an organizational unit that is not a legal person, whose provisions they specifically grant legal capacity, who intends or intends to make Orders or uses other services of the Online Store (including the Consumer).
- Subject of the transaction - Goods listed and described on the website of the Online Store. The seller makes every effort to ensure that the offer presented on the pages is up-to-date. However, if some of the ordered Goods were not available, the Seller undertakes to immediately inform the Buyer about the situation by phone or email.
- Goods - a movable item to which the Sales Agreement applies.
- Additional service - a service provided by the Service Provider to the Customer outside the Online Store in connection with the nature of the products sold.
- Product - Goods and Additional Services presented in the Online Store.
- Sales Agreement - a sales agreement for Products within the meaning of the Civil Code, concluded between the Service Provider and the Customer, using means of remote communication (including by phone).
- Online Store shamasa.pl - an Internet service available at www.shamasa.pl, through which the Customer can buy the Product.
- Home - Service Provider and Customer.
- Store website - any page or subpage of the website located at www.shamasa.pl
- Order - Customer's declaration of will clearly specifying the type and quantity of Products, aimed directly at the conclusion of the Distance Selling Agreement via the Online Store.
- The condition for placing an Order in the Online Store by the Buyer is to read these Regulations and accept its provisions during the implementation of the Order.
- The online store shamasa.pl conducts retail sales via the Internet.
- The products offered in the shamasa.pl store are new.
- The online store shamasa.pl reserves the right to change the prices of goods in the store, the introduction of new products, as well as the withdrawal of items from sale without prior notice.
- Pictures presenting a given product, their color, may differ from the actual appearance of the product.
- All prices quoted on shamasa.pl websites are gross prices given in Polish zlotys (including VAT). The prices do not include shipping costs.
- Orders are accepted via the website, by phone or by e-mail.
- Orders placed via the website can be placed 24 hours a day, 7 days a week throughout the year. Orders placed by phone or e-mail are only possible during the hours indicated on the Online Store website.
- The order is effective if the Buyer correctly completes the order form and correctly provides the contact details including the exact address to which the Product is to be sent and the telephone number and e-mail address.
- In the event that the given data is not complete, the Seller will contact the Buyer. If contact with the Buyer is not possible, the Seller has the right to cancel the Order.
- The Buyer agrees to issue and send an electronic image of billing documents to the e-mail address indicated by them, in particular such as: VAT invoices with attachments, VAT invoices correcting with attachments and forms. This consent authorizes the Seller also to issue and send VAT invoices in electronic form, in accordance with the ordinance of the Minister of Finance of 17 December 2010 on sending invoices in electronic form, rules for their storage and the mode of making available to the tax authority or tax inspection authority.
- For sending a paper version of a VAT invoice, a duplicate or a VAT invoice correction to an already completed order, a transport fee of PLN 10 gross is charged.
- When placing the Order, the Buyer agrees to place personal data in the Seller's Online Store database for processing in connection with the execution of the Order. If consent is granted, the Buyer has the right to inspect their data, correct them and request their removal.
- The buyer may use the option of storing his data by the system in order to facilitate the process of placing another Order. For this purpose, the Buyer should provide a login and password necessary to access his account. The Customer login and password are a sequence of characters determined by the Customer. The Customer's password is not known to the Seller and the Customer is obliged to keep it confidential and to protect against unauthorized access by third parties.
- After placing an effective order by the Customer, he will receive an automatic response from the store confirming the order's acceptance.
- The order start time coincides with the moment the payment is credited to the seller's bank account or the moment the order is made in the case of a personal collection or the option of "cash on delivery" - if this option is available.
- If you do not receive the payment within 7 days from the date of order, it is automatically canceled.
- In the absence of parts from the ordered products in the warehouse, the Buyer will be informed of this fact. The order will be partially executed or at the Customer's request may be canceled.
- For all questions regarding products and the implementation of specific orders, we provide information by e-mail: firstname.lastname@example.org or by telephone: + 48 609 888 686 during shop opening hours.
Shipping costs and time
- The goods are sent to the address indicated in the order form or given by phone or by email. The store will inform the customer immediately about an incorrectly completed order form that prevents shipments or may delay it.
- The goods are delivered with the help of specialized courier companies or through Poczta Polska. There is also the possibility of personal collection of goods after prior appointment and place with the seller.
- Shipping orders are made from Monday to Friday.
- The package is delivered in accordance with the date given for each product on the website. When paying by bank transfer until the time specified on the website, the time of posting the funds on the store's bank account (usually 1-2 business days) should be added.
- The store is not responsible for any delay in delivery of the parcel due to the fault of the forwarding agent.
- The buyer is charged for shipping (shipping) specified in the price list of transport. The amount of fees depends on the type of transport and payment method. The buyer can get acquainted with the price list at any time by clicking the link "transport costs".
- The store is not responsible if the address data provided by the customer are incorrect or incomplete. Re-dispatch, orders after we receive the return of the parcel, is possible after re-payment for shipping and covering the costs associated with the return. The same applies to the case when the customer does not collect the shipment on time and it will be sent back.
- For each product sold, we issue a receipt or personal proof of purchase (invoice).
- Payment for the ordered goods can be made on delivery (upon delivery of the goods), via the PayU electronic payment system (including payment by payment cards) or by transfer to the store's bank account.
- In the case of some types of assortment, the Service Provider reserves the right to limit the payment method by excluding selected payment options on the website.
- For the date of payment we consider the date of physical booking of funds on the store's bank account.
Collection of goods
- Deliveries are made on the territory of the Republic of Poland.
- Shipping abroad is only possible for payments settled in PLN and after previous contact to discuss details.
- Before collecting the parcel from the post or from the courier, check whether the package has not been damaged during transport. In particular, pay attention to the condition of tapes or seals affixed to the shipment. If the packaging is damaged or if the seals (tapes) are broken, do not accept the parcel and make a damage report in the presence of the courier and contact the seller as soon as possible to clarify the matter. Lack of identification of irregularities in terms of the quantity or quality of the parcel upon receipt may have a negative impact on the result of the Customer's claims for damage or robbery of the shipment in transit.
- It is possible to pick up the ordered goods personally after prior appointment and place with the seller. The order will be ready to receive the next business day from the order, provided that the order is placed until 12.00. Orders placed after 12.00 will be implemented within two working days. Larger and more complicated orders will be processed within 7 business days. In the case of personal collection of the ordered goods, the Buyer will be notified by e-mail or by phone.
Withdrawal from the contract
- A consumer who has concluded a distance contract has the right to withdraw from the contract without giving a reason by submitting a relevant written statement. However, it is limited in time and is only granted for 14 days. The deadline is an impassable date and counts from the day of delivery of the item, and when the contract concerns the provision of the service - from the date of its conclusion. To comply with this deadline, it is enough to send a statement before its expiry.
- The indicated law applies to consumer sales, and thus applies only to sales to a natural person who makes purchases for purposes not related to professional or commercial activity.
- The indicated law applies to new, pre-packed goods.
- In the case of the purchase of a good or used item, withdrawal from the contract depends on the specific situation and is determined between the seller and the buyer in each case individually.
- The product returned in this mode will be accepted only if it is sent back fully and the product itself and the accessories will be undamaged and will not bear signs of use, demonstrating a different use of the product, than only for the purpose of checking it.
- Pursuant to the Act, the possibility of return is not subject to: provision of services commenced, with the consent of the Consumer, before the deadline referred to in art. 7 section 1, regarding audio and video recordings and recorded on computer program media after the Consumer has removed their original packaging, contracts for services for which the price or remuneration depends solely on the price movement on the financial market, benefits with properties specified by the Consumer in the filed by him an order or closely related to his person, benefits which due to their nature can not be returned or whose subject is quickly spoiled, the supply of press, services in the field of games and mutual wagering.
- If you exercise your right to withdraw from the contract, the returned goods should be sent back at your own expense to the address of the Service Provider.
- The return shipment should be accompanied by a written statement on the withdrawal from the contract and the account number to which the shop is to return the payment.
- Within five business days of receiving the goods along with a declaration of withdrawal from the contract, the shop will check the product. If the goods meet the requirements mentioned in point 3 of this paragraph, a correcting invoice will be issued. The original and a copy of the invoice will be sent to the customer with a priority letter. The customer should send back a signed copy of the correcting invoice. After receiving it, within 14 business days, the Store will refund the payment to the Customer's designated account.
- The products have a guarantee of the manufacturer, importer or seller, valid in Poland. The warranty period for each product depends on the manufacturer. The detailed conditions for the performance of the guarantee are specified in the guarantee print issued by the guarantor. Most of the products have guarantees carried out directly by authorized service points of producers. The exact addresses of service centers can be found on the warranty cards attached to the products and on the manufacturers' websites. The Buyer may also conduct the complaint procedure under the Guarantee through the Seller.
- If the guarantee is provided by the Service Provider, the product should be returned at the cost of the Service Provider to the Service Provider's address.
- The repaired product is sent back to the customer at the expense of the Service Provider.
- In the case of non-compliance of the product with the contract, the goods complained about, together with the letter describing the type of non-compliance and expectations regarding the manner of implementation of our obligations, should be returned at the cost of the Service Provider (legal basis - Act of 27 July 2002 on special terms of consumer sales and amending the Civil Code (Dz. U. No. 141, item 1176, as amended.) And the Act of July 2, 2000 on the protection of consumer rights and liability for damage caused by a dangerous product (Journal of Laws 2000 No. 22, item 271, as amended).
- The customer loses the rights specified in the Act on special terms of consumer sales and changes to the Civil Code, if within 2 months from the finding of non-compliance of the goods with the contract, he will not notify the store of this fact. To meet the deadline, it is enough to send a notification before its expiry. In the case of sales not constituting consumer sales, the provisions contained in articles 556-576 of the Civil Code are excluded.
The administrator of personal data collected via the SHAMASA Online Store is Magdalena Migdał, running a business under the name "SHAMASA Magdalena Migdał (business address: G. Morcinka 26/1, 43-430 Skoczów) entered into the Central Register and Information on the Economic Activity of the Republic of Poland Polish conducted by the minister responsible for economy, NIP 5481712336, REGON 240427280, e-mail address: email@example.com, telephone number: + 48 609 888 686 - hereinafter referred to as the "Administrator" and being at the same time the Online Store Service Provider and the Seller.
The personal data of the Service Recipient (Customer) are processed in accordance with the Personal Data Protection Act of 29 August 1997 (Journal of Laws No. 133, item 883, as amended) and the Act on Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).
The Administrator takes special care to protect the interests of the data subjects, and in particular ensures that the data they collect are processed in accordance with the law; collected for specified, legitimate purposes and not subject to further processing incompatible with these purposes; factually correct and adequate in relation to the purposes for which they are processed and stored in a form allowing identification of persons they concern, no longer than it is necessary to achieve the purpose of processing.
PURPOSE AND SCOPE OF DATA COLLECTION
The purpose of collecting personal data by the Administrator is:
- establishing, shaping content, changing, executing or terminating the contractual relationship between the Service Provider (Seller) and the Customer (Client) consisting in providing electronic services via the Online Store or entering into and performing the Product Sales Agreement and delivering them to the Customer.
- documenting contractual relations referred to in point 2.1.1. for evidence purposes during the period of limitation of claims related to them and for periods indicated in the Accounting Act of September 29, 1994 (Journal of Laws No. 121, item 591, as amended).
In the case of Clients (Customers) who use electronic payments via the PayU site, the Administrator transfers the collected personal data of the Customers (Clients) only to the payment agent chosen by the Client and only to the extent that is necessary for the Customer to make payments for their through. The settlement agent available in the Online Store is: PayU SA with its registered office in Poznań, 60-166 Poznań, at ul. Grunwaldzka 182, entered into the Register of Entrepreneurs kept by the District Court in Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under the number KRS 0000274399, with share capital in the amount of PLN 4,744,000, fully paid up, with a tax identification number NIP: 779-23-08-495, REGON 300523444.
In the case of the Customers (Customers) who use the services of delivery of the Product to the Customer, the Administrator provides collected personal data of the Customers (Customers) to the extent necessary for the delivery: DPD Polska sp. Z o.o. (formerly Siódemka S.A.) with headquarters in Warsaw (02-274), at ul. Mineralna 15, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000028368, with NIP: 526-020-41-10.
The Administrator processes the following personal data of the Customers (Customers): name and surname; e-mail address; contact phone number; address (street, house number, apartment number, zip code, city, state, country).
Providing personal data is necessary to provide the Service Provider with Electronic Services as part of the Online Store or to conclude a Product Sales Agreement.
The administrator automatically collects data contained in Cookies files when using the Online Store website. These are text files saved on the Recipient's computer when using the Online Store (they allow, among other things, to remember the contents of the basket). The Cookies mechanism is not used to obtain any information about the Service Users of the Online Store nor to track their navigation. It is possible to prevent the collection of data contained in Cookies by using the appropriate functions of the web browser (in this regard, refer to the help file of the browser or recommend contact with its producer).
BASIS OF DATA PROCESSING
Using the Online Store and entering into contracts for the provision of Electronic Services via the Online Store or Product sales contracts, which involves the need to provide personal data, is completely voluntary. The person to whom the data concern independently decides whether he wants to start using the Electronic Services provided by the Service Provider or conclude a Sale Agreement in accordance with the Store Regulations.
According to art. 23 of the Act on the Protection of Personal Data of 29 August 1997 (Journal of Laws No. 133, item 883, as amended), data processing is allowed, among others if:
- the data subject consents to it, unless it concerns the removal of data relating to him.
- it is necessary to perform the contract if the data subject is a party to it or if it is necessary to take action before the conclusion of the contract at the request of the data subject.
The processing of personal data by the Administrator always takes place within the framework of the admissibility of their processing. Data processing will be related to the implementation of the contract or the need to take action before concluding the contract at the request of the data subject. Additionally, before the conclusion of contracts for the provision of Electronic Services available via the Online Store, the future Customer (Client) is informed about the need to accept the Regulations.
THE RIGHT TO CONTROL, ACCESS THEIR CONTENT AND MAKE IMPROVEMENT
The Service Recipient has the right to access their personal data and correct it.
Each person has the right to control the processing of data concerning him, contained in the Administrator's data file, in particular the right to request supplementing, updating, rectifying personal data, temporary or permanent suspension of their processing or their removal if they are incomplete, out-of-date, untrue or they were collected in violation of the Act or are no longer necessary to achieve the purpose for which they were collected.
In order to implement the above permissions, you can use the option under the Account or by sending an appropriate e-mail to the following address: firstname.lastname@example.org or in writing to the Administrator's address.
The Administrator uses technical and organizational measures to ensure that personal data being processed is protected against hazards and categories of data protected, in particular, protects data against unauthorized access, being taken by an unauthorized person, processing in violation of applicable laws and changes, loss, damage or destruction.
The Service Provider provides the following technical measures to prevent the collection and modification by unauthorized persons of personal data sent electronically:
- Encryption of data used for the Customer's authorization.
- Securing the data set against unauthorized access.
- Access to the Account only after providing an individual login and password created by the Client.
- In matters not covered by these Regulations, the provisions of the Act of March 2, 2000 on the protection of consumer rights and liability for damage caused by dangerous products (Journal of Laws 2000 No. 22 item 271, as amended), acts of 27 July 2002 on special terms of consumer sales and changes to the Civil Code (Journal of Laws of 2002 No. 141 item 1176, as amended), the Act of April 23, 1964 - Civil Code (Journal of Laws 1964 No. 16 item 93 with changes).
- Disputes arising from the application of these Regulations and in connection with the execution of contracts concluded between the Store and customers will be considered by the competent court according to the provisions on property and local property in accordance with the Act of November 17, 1964. Code of Civil Procedure (Journal of Laws No. 43 item 296 with changes).
- The Service Provider reserves the right to make changes to these Regulations with the proviso that the contracts concluded prior to the change to the Regulations shall be governed by the version of the Regulations in force at the moment of placing the order by the Customer.
- Date of publication of the regulations 2016.08.25.