TERMS AND CONDITIONS OF THE ONLINE STORE
1. GENERAL PROVISIONS
1. The shop-decking.com online store, operating at the following address: www.shop-decking.pl, is run by Beata Klejnowska, with its registered office at: 87-100 Toruń, 16/1 Młodzieżowa Street, operating under the NIP number: 556-276-67-73, REGON: 36628819600000.
2. These Terms and Conditions of the Online Store define the rules of making purchases in the shop-decking.com Online Store, and in particular the rules and procedure of concluding distance sales agreements through the Store, as well as the complaint procedure and the mode of withdrawal from the contract by the Consumer.
3. With regard to the Services provided by electronic means, these Terms and Conditions are the terms and conditions referred to in Article 9 of the Act on the Provision of Services by Electronic Means of 18 July 2002 (i.e. Journal of Laws of 2020, item 344, as amended).
4. The Terms and Conditions are addressed to all Customers of the Store. All Customers are obliged to read the provisions of the Terms and Conditions before making a purchase.
5. Each Client is obliged to comply with the provisions of the Terms and Conditions. The sale takes place on the basis of the version of the Terms and Conditions in force at the time of placing the order.
6. Each Client has the opportunity to read the Terms and Conditions at any time by clicking on the "Shop Terms and Conditions" hyperlink on the Store's website www.shop-decking.pl. The Terms and Conditions can be downloaded and printed at any time.
7. All information contained on the Store's website www.shop-decking.pl relating to the products (including prices) does not constitute an offer within the meaning of Article 66 of the Civil Code of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude an agreement, pursuant to Article 71 of the Civil Code of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). By sending the Order Form, the Client submits an offer to purchase the indicated Goods for the price and on the terms specified in the description.
2. DEFINITIONS
Terms and Conditions - this set of regulations organizing the rules of using the Store's Services by Customers.
Consumer (agreements concluded before 1 January 2021) – a natural person concluding a civil law contract through the Store, not directly related to their business or professional activity.
Consumer (agreements concluded from 1 January 2021) – the Consumer is considered to be the following persons:
• a natural person concluding a civil law contract through the Store, not directly related to their business or professional activity – the so-called "Consumer in the strict sense"
and
• a natural person concluding a civil law contract via the Store, directly related to their business activity, when the content of this contract indicates that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity - the so-called "Entrepreneur with Consumer Rights".
For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities, the Regulations apply to both Consumers in the strict sense and Entrepreneurs with Consumer Rights.
Customer - a natural person (including a Consumer) who is at least 13 years old (provided that they have obtained the consent of their legal representative), a legal person and an organizational unit that is not a legal person, to whom special regulations grant legal capacity, which uses the Services provided by the Store.
Order Form - a service available on the Store's website, by means of which the Customer can make a purchase, in particular by adding Goods to the Basket and specifying certain terms of the Sales Agreement, including the method of delivery and payment.
Basket - an element of the Store in which the Goods selected by the Customer are visible and in which the Customer has the possibility to determine and modify the Order data, including the quantity of Products purchased. Shop - online service belonging to the Seller, available under the domain: www.shop-decking.pl, through which the Customer can purchase Goods from the Seller.
Seller - Beata Klejnowska with its registered office at: 87-100 Toruń ul. Młodzieżowa 16/1, entered into the register of entrepreneurs maintained by the District Court in Toruń, Commercial Division, under the KRS number: 0000657616, NIP: 556-276-67-73, REGON: 36628819600000 with the share capital of PLN 5,000 (zloty) who, conducting commercial or professional activity, proposes sales via its website.
Goods - movable item, which is the subject of trade between the Shop and the Customer, the terms of sale of which are specified in the Order Form.
Sales agreement - distance sales agreement for Goods concluded by the Customer via the Shop, usually via the Order Form.
3. ACCEPTANCE AND FULFILLMENT OF ORDERS
1. The condition for using the Store is to read and accept these Regulations. By placing an order, the Customer accepts the content of the Regulations.
2. Orders from Customers are accepted using the Order Form sent via the website: www.shop-decking.pl or by e-mail to Info@decking.pl, 7 days a week, 24 hours a day.
3. The order for Goods is fulfilled by selecting the Goods that the Customer is interested in, clicking the "ADD TO CART" button located next to the description of the Goods, and then, from the "CART" level located in the Store tab, filling in the Order Form, including selecting the form of delivery and payment or selecting the payment option on delivery, if such is available for the selected Goods, and then clicking confirmation of purchase.
4. Entrepreneurs, recognized as so-called Entrepreneurs with consumer rights (see the definition of "Consumer" in these Regulations), concluding contracts after January 1, 2021, will have to indicate, already at the time of placing an order for Goods, that the purchase is not of a professional nature for them.
5. After placing an order, the Customer receives a confirmation of the placed order to their e-mail address, provided in the Order Form.
6. After the Customer receives confirmation of acceptance of the offer, the process of fulfilling the order by the Seller begins, whereby:
a. in the case of placing an order payable on delivery - it begins at the latest on the next business day, after its confirmation by the Seller.
b. in the case of placing an order payable by traditional transfer - it begins after the payment for the placed order is posted to the Store's bank account.
7. Orders placed in the Store are processed during the Store's working hours (on business days, from Monday to Friday, from 8:00 to 17:00. Orders placed on business days after 17:00, on Saturdays, Sundays or public holidays, will be processed on the next business day.
8. The Customer will receive a message about the acceptance of the order for execution, which is understood as the Seller's declaration of acceptance of the offer. Upon its receipt by the Customer, the Sales Agreement is concluded.
9. A VAT receipt is issued for each order. A VAT invoice will also be sent at the Customer's request.
10. The Customer's available means of communication with the Store are:
a. E-mail - Info@decking.pl
b. Telephone - 606308524
c. Correspondence address - 87-100 Toruń ul. Młodzieżowa 16/1
d. Whatsapp +48606232941
11. The price given in the order is the total value that the Customer is obliged to pay (gross price). It includes the applicable tax. The delivery cost is not included in the price, as it depends on the delivery method chosen by the Customer.
12. The Seller reserves the right to change prices in the Store, introduce new Goods for sale, conduct and cancel promotional campaigns, or introduce changes to them, in accordance with applicable law.
13. If the Consumer is required to pay more than the agreed price, described in the previous section, the Store will immediately inform the Consumer of this fact, explaining the reason for the price difference. The Consumer will be charged additional costs only after obtaining the Consumer's express consent.
4. DELIVERY AND TRANSPORT COSTS
1. The order is shipped in the Store via:
Parcel Locker
DPD Courier
2. Shipping fee (in PLN) DPD Courier and Globkurier
https://www.dpd.com/pl/pl/cennik-przesylek-krajowych/
https://www.dpd.com/pl/pl/cennik-przesylek-miedzynarodowych/
https://www.globkurier.pl/cennik
3. Orders placed in the Store are processed only on business days. Orders placed on Saturdays, Sundays and public holidays will be processed on the next business day.
4. The waiting time for the shipment is usually: up to 21 business days. The waiting time consists of the order processing time, i.e. completing the Goods for the order and the expected delivery time, which is from 24 hours, in the case of Poland.
5. The Seller is not responsible for delays resulting from the carrier's fault.
6. When receiving a parcel delivered by a courier, the Customer should carefully check the contents and completeness of the parcel, the condition of the external packaging and the condition of the ordered Goods in their presence. In the event of damage to the parcel, the Customer should draw up a damage report with the courier, in two identical copies signed by the Customer and the courier.
7. It is possible to collect the ordered Goods in person at the stationary Store, at the address: 87-100 Toruń ul. Równinna 5.
5. PAYMENT PROCESSING
1. Within the framework of the Store's operation, the following payment methods are possible:
1. Payment card
2. Bank transfer;
3. Przelewy24
2. The Customer who has chosen the bank transfer payment option is obliged to pay for the placed order within five (5) business days from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. In the payment title, it is sufficient to provide only the number of the placed order. It is possible to extend the payment deadline, after informing the Store service about this fact.
6. COMPLAINT
1. The Seller is liable under the warranty for physical and legal defects of the Goods, to the extent specified in art. 556 et seq. of the Civil Code Act of 23 April 1964 (consolidated text: Journal of Laws of 2020, item 1740, as amended).
2. A physical defect of the Goods consists in the non-conformity of the sold Goods with the contract, which occurs when:
• The Goods do not have the properties that they should have due to the purpose of the contract, resulting from the circumstances or intended use;
• The Goods do not have the properties that the Seller assured the Customer about;
• The Goods are not suitable for the purpose that the Customer informed the Seller about when concluding the contract, and the Seller did not raise any objection to such an intended use;
• The Goods were delivered to the Customer in an incomplete state.
3. A legal defect of the Goods occurs when the Goods are the property of a third party or are encumbered with the right of a third party, when the restriction on use or disposal results from a decision or ruling of the competent authority.
4. In the case of the Consumer, the public assurances of the manufacturer or entity that introduces the Goods into circulation, within the scope of its business activity, or that presents itself as a manufacturer, are treated equally with the Seller's assurance. However, the Seller shall not be liable if he did not know or could not know these assurances, or if these assurances could not have influenced the Consumer's decision to conclude the sales agreement, and also when the content of these assurances was corrected before the conclusion of the sales agreement.
5. The Seller shall be liable under the warranty if the physical defect is found before the expiry of two years from the date of delivery of the item to the Customer.
6. In the case of the Consumer, if the physical defect is found before the expiry of one year from the date of delivery of the Goods, it is presumed that the defect or its cause existed at the time of delivery of the Goods.
7. If the buyer is a Consumer, and the physical defect is found before the expiry of one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time of transfer of risk to the buyer.
8. If the Goods have a defect, the Customer may submit a declaration of a price reduction or withdrawal from the agreement, unless the Seller immediately replaces the defective Goods with defect-free ones or removes the defect. This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or to remove the defect.
9. If the Goods have a defect, the Customer may also request the replacement of the item with a defect-free one or the removal of the defect.
10. The Consumer may, instead of the removal of the defect proposed by the Seller, request the replacement of the Goods with defect-free ones or, instead of the replacement of the Goods, request the removal of the defect, unless bringing the Goods into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the manner proposed by the Seller.
11. The Customer may not withdraw from the contract if the defect is insignificant.
12. Complaints regarding the Goods may be submitted:
a. in writing, to the Seller's registered office address;
b. by e-mail, to the e-mail address indicated in the confirmation of placing the Order.
13. The complaint should include:
a. the data of the person filing the complaint (name and surname, correspondence address, optionally - e-mail address and contact phone number);
b. indication of the reason for the complaint and the content of the request;
c. the Order number, shown in the confirmation of acceptance of the Order;
d. the original or copy of the proof of purchase (e.g. receipt or invoice) may facilitate filing a complaint, but is not necessary to do so.
14. The Customer, exercising the rights resulting from the warranty, will deliver the defective Goods to the following address: 87-100 Toruń ul. Młodzieżowa 16/1. If the complaint is accepted, the shipping cost is compensated by the Seller.
15. The Seller undertakes to respond to the complaint within fourteen (14) days of its receipt.
16. If the complaint is justified, the Seller undertakes to replace the defective Goods with defect-free ones or remove the defect within fourteen (14) days from the date of filing the complaint by the Customer. 17. In the event of an effective withdrawal from the contract, the Seller undertakes to return the payment within fourteen
17. In the event of an effective withdrawal from the contract, the Seller undertakes to make a refund within fourteen (14) days from the date of receipt of the withdrawal from the contract, provided that the refund will not be made until the Goods are received back or the Customer provides proof of their return.
18. If the Consumer has requested the exchange of the item or removal of the defect or has made a declaration of a price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within fourteen (14) days, it is considered that the Seller has considered this request justified.
19. The claim for removal of the defect or replacement of the Goods with defect-free Goods expires after one year (1), counting from the date the defect was discovered. In the case of the Consumer, the limitation period cannot end before the expiry of two (2) years.
20. The above provisions do not exclude the possibility of the Seller providing a guarantee for the purchased Goods, which is provided for in separate guarantee regulations.
7. RIGHT OF WITHDRAWAL
1. In accordance with the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract of sale of Goods purchased in the Store, without giving a reason, by submitting an appropriate declaration in writing, within fourteen (14) days, counting from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). To meet this deadline, it is sufficient for the Consumer to send the declaration before its expiry.
2. The Consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Seller. The declaration template constitutes Annex No. 1 to these regulations.
3. The declaration of withdrawal from the contract should be sent to the following address: 87-100 Toruń ul. Młodzieżowa 16/1.
4. The Consumer shall return the Goods to the Seller within fourteen (14) days from the date on which he withdrew from the contract. To meet the deadline, it is sufficient to return the Goods before it expires.
5. The Goods should be returned to the Seller's address: ul. Młodzieżowa 16/1 87-100 Toruń.
6. The Seller shall, within fourteen (14) days from the date of receipt of the declaration of withdrawal from the contract, return to the Consumer the payments made by him, with the exception of the cost of delivering the Goods, and the refund shall not be made until the Goods are received back or the Consumer provides proof of their return.
7. The Seller shall return the payment using the same method of payment as the Consumer used.
8. The Consumer shall bear the costs of returning the Goods to the Seller.
9. The right to withdraw from the Sales Agreement does not apply to the Consumer in relation to the agreement:
• where the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or intended to meet their individual needs;
• where the subject of the service is an item that spoils quickly or has a short shelf life;
• where the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
• where the subject of the service is items that, due to their nature, are inseparably connected with other items after delivery;
• where the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
• for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement; • where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the expiry of the withdrawal period;
• for the provision of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the withdrawal period and after the entrepreneur informed him of the loss of the right to withdraw from the contract;
10. The right to withdraw from a contract concluded at a distance does not apply to any entity other than the Consumer, within the meaning adopted for the purposes of these Regulations (see: definition of "Consumer").
8. OUT-OF-COURT DISPUTE RESOLUTION
1. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
• Mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the proceedings are free of charge. The list of Inspectorates is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
• Assistance of the competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
• Free assistance from the municipal or district consumer ombudsman.
• Online ODR platform available at: http://ec.europa.eu/consumers/odr/.
2. This chapter entitled "Out-of-court dispute resolution" does not apply to one category of persons described in these Regulations as Consumers, the so-called "Entrepreneurs with consumer rights", which entered into force for contracts concluded from 1 January 2021. Therefore, for all contracts, this chapter applies only to entities belonging to the so-called category of Consumer sensu stricto.
9. PERSONAL DATA PROTECTION
1. By placing orders, the Customer consents to the processing of personal data provided by him, for the purpose of fulfilling and handling the order, by the Seller, who is also the controller of personal data, within the meaning of Art. 7 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88.
2. The Seller is the administrator of personal data provided by the Customer when using the Store.
3. Personal data contained in the Seller's database are not transferred to entities that do not participate in the implementation of the Sales Agreement.
4. The Customer, in accordance with Art. 15 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1–88 has the right to access their personal data, may request their correction or deletion. The Seller provides each Customer with the right to control the personal data being processed. 5. Providing personal data is voluntary, however, the lack of consent to the processing of personal data prevents the Customer from fulfilling the order.
6. Detailed information on personal data and privacy protection is included in the "Privacy Policy" tab on the Store's website.
10. FINAL PROVISIONS
1. The Regulations define the principles of concluding and performing the Sales Agreement for Goods available on the Store's website.
2. The Sales Agreement is concluded between the Customer and the Seller.
3. The Regulations are available to all Customers in electronic form on the Store's website www.shop-decking.pl.
4. In order to use the Store's Services, it is necessary to have devices that allow access to the Internet and a web browser that allows you to display www pages, as well as provide an e-mail address that allows you to send information regarding the execution of the order.
5. It is prohibited for all persons, including Customers, to post illegal content on the Store's website.
6. In matters not regulated by these Regulations, the relevant provisions of generally applicable law shall apply.
7. The Regulations do not exclude or limit any rights of the Customer, who is a Consumer, to which they are entitled under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and mandatory provisions of law granting rights to consumers, these provisions shall take precedence. 8. If any provision of these Regulations is or should become invalid or ineffective, the validity of the entire Regulations in their remaining part shall remain unaffected. In such a case, the Parties shall replace the invalid or ineffective provision with another that reflects the intended economic purpose as closely as possible. This also applies to any gaps in the Regulations.
Appendix 1: Withdrawal form by the Consumer in the strict sense and the Entrepreneur with the rights of the Consumer from the concluded agreement
City: Toruń, date: 02.08.2023
Consumer/Entrepreneur with the rights of the Consumer:
Name and surname: ________________
Address: ________________
E-mail: ________________
Tel: ________________
Entrepreneur:
Name: shop-decking.com
Address: ul. Młodzieżowa 16/1 87-100 Toruń
WITHDRAWAL FORM BY THE CONSUMER OR ENTREPRENEUR WITH THE RIGHTS OF THE CONSUMER
FROM THE AGREEMENT OBLIGING TO TRANSFER OWNERSHIP OF THE ITEM
Hereby, acting under art. 27 of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020, item 287, as amended), in the following wording:
Art. 27 of the Consumer Rights Act
A consumer who has concluded a distance or off-premises contract may withdraw from it within 14 days without giving a reason and without incurring any costs, except for the costs specified in Art. 33, Art. 34, paragraph 2 and Art. 35.
I hereby inform you of my withdrawal from the contract concluded on _______________, consisting of:
______________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
In connection with the above, I kindly ask you to return the following amount of money resulting from the withdrawal from the contract: PLN ______ (in words: _________________________________), which should be transferred to the following bank account number: _________________________.
With respect,
__________________
(handwritten signature of the Consumer/Entrepreneur with consumer rights)