Terms

I. GENERAL PROVISIONS

  1. The Regulations stipulate the principles for using the Shop run by the Seller.
  2. The Regulations are constantly available on the Shop’s website in a manner which enables the User to obtain them, view them and save their contents.

II. DEFINITIONS

Meanings of terms used in the Regulations:

  1. Seller The company PROJEKT ERGONOMIA SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOSCIA SPÓŁKA KOMANDYTOWA with headquarters in Bielsko-Biała at 43-300 ul. PROF. DR. MIECZYSŁAWA MICHAŁOWICZA, nr 12, entered in the Register of Entrepreneurs of the National Court Register by the District Court in Bielsko-Biała, 8th Commercial Division, under the number KRS 0000805451, NIP 5472214828, REGON 384446020, tel. +48 33 333 91 43, email address grafitia@grafitia.dev2.muchmore.pl.
  2. The Shop – a collection of webpages and IT tools (websit) managed by the Seller and enabling Users to conclude Sales Contracts or Service Order Contracts, available at the internet domain: domiszkola.pl.
  3. Purchaser –a User who has concluded a Sales Contract or Service Order Contract through the Shop.
  4. Sales Contract – a contract concluded in the Shop, subject to the principles arising from the Regulations, between the Seller and the Purchaser, the subject of which is the sale of an item (goods/products) to the Purchaser.
  5. Service Order Contract – a contract concluded in the Shop, subject to the principles arising from the Regulations, between the Seller and the Purchaser, the subject of which is the provisions of a service or services by the Seller to the Purchaser.
  6. The Contract – includes a Sales Contract and a Service Order Contract.
  7. Regulamin – the present Shop Regulations.
  8. Materials – information contained on the Shop’s internet pages, including the names, descriptions and photographs or graphic illustrations of goods, designation of the producers of goods .
  9. User – an internet user who uses the Shop, purchasing or intending to purchase goods or services presented by the Seller via the Shop .
  10. Consumer – a Purchaser who is a natural person making a purchase from the Shop not directly connected to his professional or economic activity.

III. GENERAL TERMS OF USAGE OF THE SHOP

  1. A User who is a natural person may use the Shop on condition that he is fully capable of legal actions.
  2. A User who is not a natural person may use the Shop through the intermediacy of persons authorised to act on his behalf, subject to the provisions contained in the section entitled REGISTERING IN THE SHOP, in chapter IV.
  3. The User may use the Shop by means of devices connected to the internet (computer, telephone) via a web browser.
  4. The Seller bears no responsibility for any damage which may be caused by the User providing incorrect, outdated or incomplete data in the forms mentioned in the section entitled REGISTERING IN THE SHOP, in points 2 and 3, and by the User failing to adhere to the terms of the Regulations. Data provided by the User may not violate currently applicable legislation or the personal goods or rights of third parties.
  5. The User is obliged not to reveal to third parties his log-in and password used to access the Shop.

IV. REGISTERING IN THE SHOP

  1. Users have the possibility to use the Shop, including to conclude Contracts.
  2. Concluding a Contract requires prior registration.
  3. In the case of natural persons or organisational units without legal personality, registration in the Shop, as well as all other actions by that entity in the Shop, may only be done by a person authorised to carry out on behalf of that entity all the actions connected with using the Shop (including registration) and to execute all rights and obligations of the entity as a User (including as a Purchaser).
  4. The Seller may demand that the User substantiates his data, including in the event of the User’s data being updated, by sending the Seller the required documents.
  5. In the event of any change whatsoever to the User’s data given during registration, the User should update it before concluding a subsequent Contract, using the appropriate form available from the Shop.
  6. Once registered, the User has an account created in the Shop, which consists of a collection of resources where information is stored concerning the User and his actions involving the Shop in connection with Contracts concluded. The User has access to his order history in the Shop as part of his account.

V.PLACING AN ORDER IN THE SHOP - CONCLUDING A CONTRACT

  1. The User has the possibility to place orders in the Shop round the clock, all year round, subject to other provisions of the Regulations, in particular provisions concerning technical and maintenance breaks.
  2. Before submitting an order, the User places the goods or services he has selected and intends to buy in a virtual basket. The virtual basket is a tool enabling the User to aggregate the selected goods/services before buying them, calculate the value of the goods/services collected in the basket and calculating the delivery costs. While choosing goods/services, the User manage the contents of the basket any way he wishes by adding or removing goods/services to the basket.
  3. After making his final choice of goods/services to purchase, the User is directed to the online form used for placing orders in the Shop. The order form may be submitted from the constituent forms which serve to define:
    1. delivery address,
    2. delivery method,
    3. payment method for goods/services.

Goods/services ordered will be delivered to the address indicated in accordance with the provisions of the present paragraph.

  1. Placing an order constitutes an offer in the understanding of the Civil Code, submitted to the Seller by the User. After receiving the order, the Seller verifies whether the order has been submitted properly (according to the provisions of the Regulations). In the event that the Seller discovers that the order has been submitted incorrectly, the Seller will inform the User of this.
  2. After an order has been submitted correctly, the Seller immediately sends the User information about acceptance of the order (acceptance of the order), to the email address provided when the order was being placed or during registration. A contract is concluded when the “binding order” field is clicked and the User is sent information about acceptance of the order by the Seller.
  3. In the case of a Service Order Contract, the Seller will inform the Purchaser no later than the moment when he is given the proposal to conclude a contract for the minimum period for which the Contract is to be concluded, if is concerns provision of a continuous sor periodic service.

VI. PAYMENT

  1. Payment for goods purchased or services ordered in the Shop by the Purchaser (price plus delivery costs) is made using the electronic payment tools provided in the Shop, according to the principles stipulated by the Seller, i.e. bank transfer, payment on delivery, e-transfer and credit card. Credit card and e-transfer payments are settled through Dotpay.pl
  2. All prices in the Shop are gross prices which include the applicable VAT rate. The cost of delivering goods/services to the Purchaser are provided to the Purchaser separately when he is given the offer to conclude a contract.
  3. The User purchases the goods and orders services according to the prices and amount of delivery costs applicable at the moment the order is placed. The amount of the delivery costs depends on the delivery method selected by the User.
  4. The Shop reserves the right to make changes to the aforementioned conditions and change prices. These changes will be valid from the moment when they are published on the shop’s web page and will not affect contracts concluded before their implementation.
  5. By accepting the present Regulations, the Purchaser consents to a VAT invoice being sent by the Seller in electronic form in the understanding of the Tax on Goods and Services Act of 11 March 2004, to the Purchaser’s email address provided when submitting the order.
  6. VAT invoices are issued to the Purchaser without the Seller’s signature.
  7. The Purchaser consents to VAT invoices being issued without his signature.

VII. DELIVERY

  1. Delivery takes place to the address indicated by the Purchaser. The time of delivery of goods/services to the Purchaser are provided Seller no later than when he is given the offer to conclude a contract.
  2. Jeżeli Sprzedawca nie może spełnić świadczenia z tego powodu, że towar lub usługa nie są dostępne, niezwłocznie, najpóźniej jednak w terminie trzydziestu dni od zawarcia Umowy, zawiadomi o tym Nabywcę i zwróci całą otrzymaną od niego sumę pieniężną, jeżeli jakakolwiek suma została już uiszczona.
  3. Jeżeli Sprzedawca nie może wykonać świadczenia o właściwościach indywidualnie zamówionych przez Nabywcę z powodu przejściowej niemożności jego spełnienia, Sprzedawca może za zgodą Nabywcy spełnić świadczenie zastępcze, odpowiadające tej samej jakości i przeznaczeniu oraz za tę samą cenę lub wynagrodzenie lub w inny ustalony przez strony sposób.
  4. The Seller bears no responsibility for a lack of possibility to issue the Goods for reasons which are the fault of the Purchaser or entities indicated in para. 1-3 above.

VIII. PERSONAL DATA PROTECTION

  1. The personal data of Users who are natural persons (including natural persons operating single-person companies) will be processed by the Seller as the Personal Data Administrator in order for the Seller to provide services, as well as for marketing purposes connected with the functioning of the Seller’s business, including the Shop, and also concerning the goods and services presented in the Shop. The data gathered is processed in accordance with the provisions of the Personal Data Protection Act of 29 August 1997 and the Act of 18 July 2002 on Provision of Services by Electronic Means. The User provides his personal data voluntarily.
  2. The User’s personal data may be provided to entities authorised to obtain it pursuant to applicable legislation, including the appropriate bodies of the justice system. Users’ personal data may also be provided - within the necessary and required scope - to third parties, including entities carrying out actions commissioned by the Seller in connection with the Contract concluded with the Purchaser, including to operators of electronic payments arising from the Contracts concluded or to entities carrying out delivery of the goods ordered.
  3. The Seller ensures the Users whose personal data is being processed execution of their rights arising from the Personal Data Protection Act, including the right to access the content of their own personal data and correct it, and the right to monitor the processing of their own personal data according to the principles described in the act in question.
  4. Every User is entitled to check the processing of the data which concerns him, contained in the Seller’s data stores, and in particular is entitled to demand completion, updating and correction of the personal data, temporary or permanent cessation of its processing, or its removal if it is incomplete, out of date, incorrect, or has been gathered in breach of the Act, or is no longer necessary for the purpose for which it was collected
  5. Confidential information concerning Users, including Users’ personal data, is protected by the Seller against becoming available to unauthorised parties, and also against other cases of being disclosed or lost, and against destruction or unauthorised modification of the data and information indicated, by the application of appropriate technical and organisational safeguards.

IX. COMPLAINT PROCEDURE

  1. The Seller is obliged to provide the Purchaser with goods free from defects.
  2. The Purchaser may submit a complaint/claim to the Seller regarding the Contract.
  3. Complaints/claims should be sent in electronic form using the contact form available in the Shop, or in writing to the Seller's address. A correctly submitted complaint/claim should contain at least:
    1. full name, address: and e-mail address of the Purchaser,
    2. date of conclusion of the Contract which the complaint/claim concerns,
    3. subject of the complaint/claim, indicating the Purchaser’s demands,
    4. all circumstances justifying the complaint/claim,

Failure to adhere to the above formal requirements does not exclude the Purchaser from executing rights to make a complaint/claim.

  1. The Purchaser will be informed by email or traditional mail about the settlement of a complaint/claim.
  2. Complaints/claims will be considered within 14 working days

X. WITHDRAWAL FROM OR TERMINATION OF THE CONTRACT, WARRANTY

  1. Pursuant to the Consumer Rights Act of 30 May 2014, a Purchaser who is a consumer may withdraw from the Contract without being subject to any costs and without stating reasons, within 14 days counted:

1) for the Contract which the Seller issues items for, being obliged to transfer ownership - from when the Purchaser or a third party indicated by him, excluding the carrier, takes possession of the item, and in the case of a Contract which:

a) includes many items which are delivered separately, in batches or in parts - from when the last item, batch or part is taken into possession,

b) involves delivering items regularly for a set time - from when the first item is taken into possession;

2) for other contracts - from the day the Contract is concluded,

subject to para.. 11 below.

  1. In the event of withdrawal from the Contract, as mentioned in para. 1, the Contract is considered not to have been concluded.
  2. Withdrawal as mentioned in para. 1 does not oblige the Consumer to bear any costs whatsoever with the exception of:

1) the costs of delivering the product in the event that the Consumer choose a method of delivering the product other than the cheapest usual delivery method offered by the Seller. In such a situation the Seller is not obliged to refund the Consumer the additional costs incurred by him.

2) the direct costs of returning the product.

  1. The withdrawal mentioned in para. 1 is effected by the consumer submitting a written declaration to the Seller's address, or by sending a message by email to the Seller’s email address, to maintain the 14-day period for the withdrawal it is sufficient to send the declaration before it expires. The Seller's address as well as the Seller’s email address are indicated in Chapter II para 1.
  2. In the event that the Consumer withdraws from the Contract by sending an email, the Shop will immediately send the Consumer an email confirming receipt of the withdrawal declaration.
  3. The withdrawal declaration mentioned in para. 1 may be submitted using the form which constitutes annex 2 to the present Regulations, however the effectiveness of the withdrawal is not conditional on use of the form.
  4. When withdrawing from the Contract in the manner mentioned in para. 1, the Consumer is obliged to return the products purchased, by sending them to the Seller’s address given in Chapter II para. 1 immediately, within 14 days of withdrawing from the contract. To maintain this deadline it is sufficient to send the products before it expires.
  5. The Consumer withdrawing from the Contract is responsible for any reduction in the value of the product arising from using it in a way beyond that which is required to confirm the nature, features and functioning of the product.
  6. The Seller is obliged to immediately, within 14 days of receipt of the consumer’s declaration of withdrawal from the Agreement, refund the payment made by the consumer, including costs of delivering items, while the Seller is entitled to delay the refund of the payments received from the consumer until the product is returned or proof is provided by the Consumer that the product has been sent, depending on which occurs first. The price is refunded using the same payment method which the Consumer used, unless the Consumer has expressly agreed to another form of refund which does not involve any costs for him.
  7. A caution regarding the right to withdraw is additionally included in annex no. 1 to the present regulations.
  8. A Purchaser who is a Consumer may not withdraw from the Contract:
    1. for the provision of services if the Seller has completed the service in full with the express consent of the Consumer who was informed before commencement of the service that after completion of the service by the company he would lose the right to withdraw from the contract;
    2. in which the price or remuneration is subject to fluctuations on the financial market which are beyond the control of the Seller, and which may occur before the end of the deadline for withdrawing from the contract;
    3. where the subject of the service is a non-prefabricated item, produced according to the consumers specifications or intended to meet his individual needs
    4. where the subject of the service is an item which spoils quickly or has a short shelf life;
    5. where the subject of the service is an item delivered in sealed packaging, which cannot be returned after opening on grounds of health protection or hygiene if the opackaging has been opened after delivery;
    6. where the subject of the service are items which, due to their nature, are inseparably joined after delivery with other items;
    7. where the subject of the service are alcoholic beverages whose price was agreed when the sales contract was concluded, and which may only be delivered after 30 days, and whose value is subject to fluctuations on the market which are beyond the control of the company;
    8. in which the Consumer expressly demanded that the Seller came to him in order to carry out urgent repairs or maintenance; if the Seller provides additional services other than those requested by the Consumer, or provides items other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract with regard to the additional services or items;
    9. in which the subject of the services are sound or visual recordings, or computer programmes provided in sealed packaging ,if the packaging was opened after delivery;
    10. for the delivery of newspapers, periodicals or magazines, except subscription contracts;
    11. concluded via public auction;
    12. for provision of services in the field of accommodation other than for residential purposes, carriage of items, vehicle hire, gastronomy, services connected with leisure, entertainment, sporting or cultural events, if the contract stipulated the day or period for provision of the service;
    13. for provision of digital content which is not recorded on a physical carrier, if if completion of the service began with the express consent of the consumer before the deadline for withdrawal from the contract, and after he was informed by the company of the loss of his right to withdraw.
  9. If the validity period of the contract is not indicated, either party may withdraw without stating reasons, giving one month’s notice, unless the parties have agreed a shorter notice period.
  10. If the goods purchased are subject to a warranty, e.g. from the manufacturer, importer, Seller, etc., whose scope is confirmed by a warranty document issued along with the goods, then the Purchaser may submit a complaint or claim referencing the warranty period regardless of any other complaint and claim entitlements.

XI. MAINTENANCE BREAKS

  1. The Seller bears no responsibility for periodic lack of access to the Shop’s website caused, in particular, by maintenance breaks.
  2. The Seller reserves the right to breaks in access to the Shop caused by technical maintenance, conservation work or work on improving the functionalities of the Shop. At the same time, the Seller is obliged to make every effort to ensure that the aforementioned breaks take place during the night and are as brief as possible.

XII. FINAL PROVISIONS

  1. Changes may be made to the present Regulations by the Seller at any time, and apply from the moment those changes are announced on the Shop’s website, with the previous provisions applying to contracts concluded before the introduction of the aforementioned changes.
  2. The generally applicable provisions of Polish law apply in all matters not regulated by the present Regulations, and in particular the provisions of the Civil Code, Personal Data Protection Act, Act on Provision of Services by Electronic Means, and also acts on consumer rights. Any disputes between the parties are settled by the relevant court of general jurisdiction.
  3. The present Regulations are effective as of 10.05.2016.

Załącznik nr 1

INFORMATION CONCERNING THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

As consumers, you are entitled to withdraw from the contract concluded with the Seller within 14 days without stating any reasons.

The deadline for withdrawing from the contract expires 14 days after you come into possession of the items or when a third person indicated by you, other than the carrier, comes into possession of them.

In the event that a purchase is made which includes many products delivered separately in batches, the deadline for withdrawal is 14 days from taking possession (delivery) of the final batch, or from when a third person indicated by you, other than the carrier, comes into possession of the final batch.

To execute your right to withdraw from the contract, you must inform us of your decision to withdraw from the present contract by means of an unambiguous declaration (for example a letter sent by traditional post or email). You can send the declaration for example:

in writing to the address: PROJEKT ERGONOMIA SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOSCIA SPÓŁKA KOMANDYTOWA with headquarters in Bielsko-Biała at 43-300 ul. PROF. DR. MIECZYSŁAWA MICHAŁOWICZA, nr 12,

by email to the address:grafitia@grafitia.dev2.muchmore.pl.

A sample template for the contract withdrawal form constitutes annex no. 2 to the Regulations. You may use the contract withdrawal form template, but this is not obligatory.

To adhere to the deadline for withdrawing from the contract, it is sufficient to send the information concerning execution of this right before the deadline for withdrawing from the contract.

In the event of a withdrawal from the present contract, we return you all the payments we have received from you, including the costs of delivering the items (excluding costs arising from you choosing a delivery method other than the cheapest usual method offered by us), immediately, and no later than 14 days after we are informed of your decision to execute your right to withdraw from the contract. The refund is made using the same payment method which you used in the original transaction, unless you expressly agreed to another solution; either way you are not liable for any costs in connection with the refund.

We may withhold the refund until we receive the item or until we receive proof that it has been sent, depending on which occurs first.

If you have received the item, please return it or sent it to the address: PROJEKT ERGONOMIA SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOSCIA SPÓŁKA KOMANDYTOWA with headquarters in Bielsko-Biała at 43-300 ul. PROF. DR. MIECZYSŁAWA MICHAŁOWICZA, nr 12, immediately, and no later than 14 days from when you inform us of your withdrawal from the present contract. The deadline is kept of you send us the item within 14 days. You will have to bear the direct costs for returning items.

You are only responsible for any reduction in the value of the item arising from using it in a way beyond that which is required to confirm the nature, features and functioning of the item.

Annex no. 2

TEMPLATE OF CONTRACT WITHDRAWAL DECLARATION

(this form should only be completed and sent in the event of withdrawal from the contract)

– Addressee: SpółkaPROJEKT ERGONOMIA SPÓŁKA Z OGRANICZONA ODPOWIEDZIALNOSCIA SPÓŁKA KOMANDYTOWA z siedzibą w Bielsku-Białej 43-300 ul. PROF. DR. MIECZYSŁAWA MICHAŁOWICZA, nr 12, entered in the Register of Entrepreneurs of the National Court Register by the District Court in Bielsko-Biała, 8th Commercial Division, under the number KRS 0000805451, NIP 5472214828, REGON 384446020, tel. +48 33 333 91 43, email address grafitia@grafitia.dev2.muchmore.pl.

– I/we(*) the undersigned hereby inform(*) of my/our withdrawal from the sales contract for the following items(*)delivery contract for the following items(*) work order contract for the production of the following items(*)/for the provision of the following service(*) ……...

…………………………………………………………………………………………………...…………………………………………………………………………………………………...…………………………………………………………………………………………………...

– Date contract concluded(*)/receipt(*) ………………………………………………………….........

– Full name of the consumer(s) ……………………………………………………………......

– Address of the consumer(s) ……………………………………………………………......

– Signature of the consumer(s) (only if the paper version of the form is sent)

……………………………………………………………………………………………………….

–Date ………………………………………………………………………………………………..

(*) Delete as applicable.

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