TERMS AND CONDITIONS OF ONLINE STORE
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
1. The Terms And Conditions set out the principles and conditions for electronic services, including the use of the Store, as well as the rights, obligations and conditions of liability of both the Seller and the Customer. The Terms And Conditions also include information for which the Seller is obliged to provide the Customer, in accordance with applicable regulations, including the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2017.683, as amended).
2. Each Customer should become acquainted with the Regulations.
3. The Terms And Conditions are made available on the Store's website and are made accessible free of charge also prior to concluding a contract. At the Customer's request, these Terms and Conditions are also made accessible in a manner that makes it possible to obtain, play and record their content using an ICT system which is used by the Customer (e.g. by e-mail).
4. Basic definitions:
1) Terms And Conditions: Regulations of the On-line store;;
2) The Seller: PIOTR STYKAŁA, running business under the name of P.H.U. EDANO PIOTR STYKAŁA, ul. Uścikowo 54, 64-600 Oborniki, Poland, VAT identification number (NIP) 7871347644, entered into the Central Registry and Information about Business Activities.
3) A Customer: a natural person who is over 18 years of age and has full powers of legal action, a legal person and an organizational unit without the status of a legal person, but capable of acquiring rights and incurring obligations on his/her own behalf, who will enter into a contractual relationship with the Seller within the scope of the Shop's business. The Customer is also a Consumer, if there are no separate provisions in relation to the Consumer;
4) The Consumer: A customer being a natural person undertaking a legal action (purchase) with the Seller, and not directly related to its business or professional activity;
5) The Electronic Service - a service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws 2017.1219, as amended), provided by the Seller to the Client via the Website;
6) The Store or Online Shop or Website: an Electronic Service, Online Shop, run by the Seller at the www.extrufish.com website, under which the Customer enters into a distance sales contract, the parties are advised of the fact of making a sales by means of automatically generated electronic mail, and the execution of the contract (in particular, delivery of the Goods) takes place outside the Internet;
7) An Account - an Electronic Service, marked with an individual username (login) and a password provided by the Customer, a set of resources in the Seller's ICT system, in which the information provided by the Customer and information on activities within the Store are being gathered;
8) Goods or a Product - goods sold in the Store, as offered by the Seller;
9) An Agreement - a remote agreement regarding the purchase of the Goods, concluded as a result of placing an Order by the Customer in the Store, and its acceptance by the Seller;
10) A Form - a script representing an electronic communication medium enabling placing an Order in the Store and/or performing other activities at the Store;
11) An Order - an instruction to purchase the Goods, made by the Customer by means of technical communication;
12) Newsletter - an Electronic Service, an electronic distribution service provided by the Seller via electronic mail (e-mail), which enables all Clients who use it to receive cyclical messages (newsletters) from the Seller automatically, which include information about the Service, including novelties or promotional campaigns in the Store.
CHAPTER 2. GENERAL AND TECHNICAL INFORMATION
1. The data provided by the Seller to contact the Client: address P.H.U. EDANO PIOTR STYKAŁA, ul. Uścikowo 54, 64-600 Oborniki, Poland, e-mail address firstname.lastname@example.org, telephone number (+48) 61 296 92 17.
2. The Seller offers the following categories of Electronic Services::
1) An Online Store
3) An Account.
3. The Seller provides Electronic Services pursuant to the Terms and Conditions.
4. The Seller may - apart from other cases resulting from legal regulations - process the following Customer's personal data required to establish, shape the content, change or terminate the contract:
1) the Customer's first and last name;
3) the Customer's electronic addresses.
5. In order to provide electronic services it is also necessary to provide the following data::
1) Contact number
2) The Seller may process, with the Customer's consent and for the purpose of advertising, market research, as well as research of the Customer's behavior and preferences, with the purpose for the results of such research, to improve the service quality provided by the Seller, other data concerning the Customer, which are not essential for providing the electronic service.
6. The technical requirement for using the Online Store is that the Customer should own a PC or other devices allowing him/her to browse the Internet, adequate software (including a web browser), access to the Internet and an up-to-date and active e-mail account.
7. It is prohibited for the Customer to provide illegal content.
8. The use of the Online Store may be associated with dangers typical of use of the Internet, such as spam, viruses, hacking attacks. The Seller undertakes actions aimed at counteracting these threats. The Seller points out that the public nature of the Internet as well as the use of services provided by electronic means may involve the risk of obtaining or modifying Customers' data by unauthorized persons, therefore Customers should take appropriate technical measures to minimize the aforementioned threats, including anti-virus and identity-protecting software for Internet users.
9. Conclusion of an agreement regarding the free of charge Electronic Services shall take place via the Online Store. The Customer may discontinue using free Electronic Services any time by leaving the Online Store and/or by deleting his or her account. In this case, the agreement for the provision of free Electronic Services shall be terminated automatically without the need for additional declarations from the parties.
CHAPTER 3. PERSONALLY IDENTIFIABLE INFORMATION
1) The Seller shall process the personal data provided by the Customers in accordance with applicable laws, including European Parliament and Council Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with respect to personal data processing and on their free movement and the repeal of Directive 95/46/EC (General Data Protection Regulation) (Journal of Laws, L 119, 4.5.2016, hereinafter referred to as: "the Regulation"). In particular:
2) The seller shall ensure that this data is:
a) processed in compliance with applicable law, in a reliable and transparent manner for both Clients and other persons to whom the data refers;
b) collected for specific, explicit and legally justified purposes and not further processed in a way contrary to those purposes;
c) adequate, relevant and limited to what is necessary for the purposes for which they are being processed;
d) valid and, if necessary, kept up to date;
e) kept in a form which permits identification of the data subject for no longer than is necessary for the purposes for which the data is being processed;
f) processed in a way so as to ensure adequate protection of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by appropriate technical or organizational measures,
3) The Seller shall observe the relevant technical and organizational security measures in order to provide the protection of personal data being processed, appropriate to the nature, scope, context and purposes of the processing as well as the potential risks of violation of the rights or freedoms of individuals;
4) The Seller guarantees access to personal data and the use of other rights to the Customers and other persons to whom the data refers to, pursuant to the applicable legal provisions concerning this matter.
1. The main basis for the personal data processing is the Customer's consent or the occurrence of other circumstances authorizing the personal data processing in accordance with the Regulation.
2. The Seller guarantees realization of the rights of persons whose personal data is being processed on the principles resulting from relevant applicable legal regulations, including those persons shall be entitled to:
1) the right to withdraw his or her permission to the processing of personal data;
2) the right to be informed about his/her personal data;
3) the right of data processing supervision, including their completion, updating, rectification or deletion;
4) the right to object to processing or to limit such processing;
5) the right to lodge a complaint with a regulatory authority as well as to exercise other legal remedies to protect one' rights.
3. The person having access to personal data shall process them only under the authorization of the Seller or the contract of commission of personal data processing and exclusively at the Seller's order.
4. The Seller assures that he will not make the personal data available to entities other than those authorized under applicable legal regulations, unless otherwise required by European Union or Polish law.
5. In relation to its economic activity, the Seller shall be using other entities' services, including the execution of contracts. Personal data may be transferred over to:
1) the hosting company,
2) Online Store software suppliers,
3) Internet service providers,
4) companies providing delivery or postal services,
5) electronic payment platform providers,
6) the invoicing software provider,
7) entities providing accounting or legal services.
CHAPTER 4. ADDITIONAL INFORMATION
§ 1 Account.
1. Registration of an Account on the Store's website is free of charge and requires the following actions: The Customer should fill in the registration form, providing specified data and making statements on the acceptance of the Terms and Conditions, processing of personal data, providing commercial information.
2. Log in to the Account involves entering the login and password set by the Customer. The password is confidential and should not be disclosed to anyone.
3. An account allows the Customer for entering or modification of data, placing or checking Orders as well as viewing the Order history.
4. The Electronic Account Service is offered free of charge for an indefinite period of time.
5. The Customer may cancel the Account in the Shop anytime by sending to the Seller an appropriate request via e-mail at email@example.com, or in writing to the Seller's address: P.H.U. EDANO PIOTR STYKAŁA, Uścikowo 54, 64-600 Oborniki, Poland.
§ 2. Newsletter
1. The aim of the Newsletter service is to give the Customer the requested information.
2. The use of the Newsletter does not require Account registration by the Customer, but requires the submission of an e-mail address and declarations of acceptance of the Terms and Conditions, processing of personal data, and transmission of commercial information.
3. A link confirming the Newsletter subscription will be sent to the Customer's e-mail address.
4. The Electronic Newsletter service is provided free of charge for an indefinite period of time.
5. The Customer may cancel the Newsletter anytime by sending an appropriate request to the Seller via e-mail at firstname.lastname@example.org, or in writing to the Seller's address: P.H.U. EDANO PIOTR STYKAŁA, ul. Uścikowo 54, 64-600 Oborniki, Poland.
CHAPTER 5. THE SALES
§ 1. Goods
1. All Products offered at the Online Store are new and free from defects. A detailed description of the Product is available on the Store's website.
2. The warranty for the Goods is not granted, after-sales services are not provided.
§ 2. Orders and their execution
1. The order may be placed by completing the Form available on the Online Store.
2. Orders can be placed with or without registering an Account in the Online Store (guest shopping).
3. The Customer is obliged to fill in the Form thoroughly, providing the data in accordance with the actual state of affairs, specifying the preferred payment and delivery method.
4. The Customer enters data in the Form and provides statements on acceptance of the Terms and Conditions, processing of personal data, transfer of commercial information.
5. Orders can be placed in the Online Store 24/7. Orders placed on Saturdays, Sundays or holidays are handled the next working day.
6. Confirmation concerning placing an Order is made by the Customer by selecting the button (field) marked "order with payment obligation". The Seller will send an Order confirmation at the e-mail address provided by the Customer.
7. The order realization period (i.e. the day of shipment of the Goods) takes up to 3 working days.
§ 3. Payments
1. All prices of the Goods given in the Store are gross prices in Polish zloty (PLN) (prices include the VAT tax). The price of the Goods does not include the costs referred to in clause 2 below. The price of the Goods stated at the moment of placing an Order by the Customer is binding for both parties.
2. Costs associated with the shipment of the Goods (e.g. transport, shipment, postal services) and other possible costs shall be borne by the Customer. The extent of these costs may depend on the Customer's decision regarding the shipping option. The amount of such costs shall be provided at the time of placing the Order.
3. The customer has the possibility to choose the payment method:
1) traditional transfer - pre-shipment payment (prepayment). After placing an Order, the Customer should pay / transfer the due amount to the Store's bank account. The Order is executed after the Client's payment is registered on the Store's bank account;
2) payment through Transfers 24 (Przelewy 24) payment system - pre-shipment payment (prepayment). After placing the Order, the Customer should complete the payment via the Przelewy 24 system. The Order is completed after the Customer's payment is recorded in the Przelewy 24 payment system;
3) payment upon personal collection of the Goods (cash or card payment) - the Customer shall pay the due amount directly upon personal collection of the Goods in the Seller's stationary store. Execution of the Order takes place after acceptance of the Order.
4) payment upon collection of the Goods (cash on delivery) - the Client shall pay the due amount directly upon collection of the Goods from the carrier. The Order is executed after acceptance of the Order.
4. For each Product sold, the Store shall issue a purchase receipt and deliver it to the Customer if the provisions of common law require such delivery.
5. The Customer is bound to make the payment within 3 days from the date of conclusion of the sales contract, unless the chosen method of payment requires a different deadline. If the Customer fails to make payment within this period, then - in accordance with Article 491 § 1 of the Civil Code (Journal of Laws 2017.459, as amended) - the Seller shall set an additional period for payment, after which he shall be entitled to withdraw from the contract ineffectively. If the Customer declares that he will not perform the services, the Seller may withdraw from the contract without setting an additional date, also before the arrival of the specified date of performance.
6. The entity providing electronic payment service is PayPro SA, with its registered office in Poznań, address: Kanclerska 15 Street, entered into the register of entrepreneurs kept by the District Court of Poznań, VIII Commercial Division of the National Court Register under the number KRS 0000347935, Tax Identification Number (NIP): 779-236-98-87, with the share capital of PLN 4,500,000 fully paid up, a national payment institution within the meaning of the Payment Services Act of 19 August 2011, entered into the register of payment services under number IP24/2014.
§ 4. Delivery of Goods
1. The Product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
2. The Product is delivered by a shipping company or by a postal service provider of the Customer's choice. The parcel is sent via a shipping company - within 3 business days from the date dispatch of the Good.
3. The Customer may collect the Goods in person at P.H.U. EDANO PIOTR STYKAŁA, ul. Uścikowo 54, 64-600 Oborniki, Poland.
4. The Seller points out that:
1) upon release of the Goods to the Customer or a carrier, the Customer shall bear the benefits and burdens associated with the Goods and the danger of accidental loss or damage of the Goods. In case of sale to the Consumer, the risk of accidental loss or damage of the Goods passes to the Consumer at the moment of handing over the Goods to the Consumer. The release of the Goods shall be considered as its entrusting by the Seller to the carrier, if the Seller had no influence of the carrier company chosen by the Consumer.
2) Acceptance of shipment by the Customer without objections shall result in expiration of claims for loss or damage in transport, unless:
a) the damage was confirmed by a protocol prior to accepting the parcel;
b) such a statement has been omitted for which the carrier is to blame;
c) the loss or damage resulted from the willful misconduct or gross negligence of the carrier;
d) The entitled person stated, that the damage could not have been noticed from the outside, and within 7 days demanded to establish its condition and proved that the damage occurred in the time between accepting the parcel for transport and its delivery.
§ 5. Additional Information for the Consumer
1. The Agreement is not concluded for an indefinite period of time and shall not be subject to automatic renewal.
2. The minimum duration of the Consumer's obligations resulting from the Agreement is the duration of the Agreement's realization, i.e. making payment and collecting the Goods.
3. The Consumer's use of the Shop is not connected to the obligation to submit a deposit, nor provide any other financial guarantees.
4. The Seller is not obliged nor does he apply the code of good practice referred to in Article 2(5) of the Act of 23 August 2007 on counteracting unfair market practices (Journal of Laws 2017.2070, as amended).
CHAPTER 6. LIABILITY
1. The liability under the warranty is excluded in legal relations with the Clients.
2. The Seller will be liable to the Customer if the sold Goods have a physical or legal defect (warranty) pursuant to the provisions of the Civil Code (Journal of Laws 2017.459, as amended) and the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2017.683, as amended), with the following principles:
1) the physical defect constitutes the inconsistency of the Goods with the contract. In ) particular, the Goods do not comply with the contract if:
a) The Goods do not possess the qualities which this type of product is expected to possess due to its intended purpose specified in the contract or arising from its nature or purpose;
b) The Product has no properties of which the Seller has assured the Consumer of its existence;
c) The product is not suitable for its designated purpose, which the Consumer informed the Seller upon signing the contract, and the Seller did not object to such intended use;
d) The Goods have been delivered to the Consumer in incomplete condition.
2) The Good has a legal defect, if the Good is the property of a third party or if it is encumbered with the third party's right, and also if the restriction of use or disposal of the Goods results from a decision or ruling of a competent authority; if the right is sold, the Seller is also responsible for the existence of the right;
3) The Seller shall be liable under warranty for physical faults which existed when the danger passed on to the Consumer or resulted from a condition inherent within the Goods at the same time.
4) The Seller is released from liability under the warranty in the case where the Consumer was aware of the defect at the time of contract conclusion;
5) If the physical defect was discovered within one year from the date of the Goods handover, it shall be presumed that the defect or its cause existed at the time when the danger was passed on to the Consumer;
6) The Seller shall be liable under warranty, if a physical defect is found within two years from the date of handover of the Goods to the Consumer, and, if the Goods purchased by the Consumer are used and movable assets, the Seller shall be liable under warranty, if a physical defect is found within one year from the date of handover of the Goods;
7) The Consumer's warranty entitlements are:
a) demand to lower the price for the Goods or withdraw from the contract, unless the Seller, immediately and without undue inconvenience to the Consumer, replaces the defective item with an defect-free one or removes the defect;
b) The Consumer may, as an alternative to removal of a defect proposed by the Seller, demand replacement of the Goods with a defect-free one, or demand removal of the defect instead of replacement of the goods, unless bringing the goods into conformity with the contract in the manner chosen by the Consumer is impossible or, in comparison with the manner proposed by the Seller, would involve excessive costs. While assessing the excessive costs, the value of the defect-free item and the type and significance of the defect found, shall be taken into account, along with the inconveniences to which another way of satisfaction would expose the Consumer;
8) The Consumer who exercises the warranty rights is obliged, at the Seller's expense, to deliver the defective item to the location specified in the contract, and if such location is not specified - to the place where it was delivered to the Consumer.
CHAPTER 7. COMPLAINTS PROCEDURE
1. The complaints should be addressed to the Seller in writing at the following address: P.H.U. EDANO PIOTR STYKAŁA, Uścikowo 54, 64-600 Oborniki, Poland or via e-mail, at: email@example.com. The Customer may use a complaint template available in our Online Store, but it does not constitute a condition for the complaint to be considered.
2. In the event of finding that the shipment containing the Goods has been breached, lost or damaged, the Customer should immediately (no later than within 7 days from the date of collection of the package) file a complaint to the Seller. Such action will enable to make claims against the carrier. Such action is not a prerequisite for considering the Consumer's complaint.
3. The complaint should include a detailed description of the problem and the Customer's claim, as well as eventual photographic documentation.
4. The Seller obliges to handle the Customer's complaint within 30 days, and the Consumer's complaint within 14 days. If the Seller does not address the Consumer's complaint within 14 days, the complaint shall be deemed as justified.
5. If the complaint is acknowledged, the Seller shall take appropriate action.
6. There is a number of out-of-court ways of complaint processing and claiming rights in legal relations with Consumers, including the possibility of electronic dispute resolution via the ODR (online dispute resolution) platform, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL.
CHAPTER 8. WITHDRAWAL FROM THE CONTRACT
1. The Seller or the Client may withdraw from the Contract on the terms specified in the Civil Code (Journal of Laws 2017.459, as amended).
2. The Consumer is entitled to withdraw from the Contract within 14 days from the date of receiving the Goods.
3. The information on withdrawal from the Contract by the Consumer is contained in the instruction on the right of withdrawal, available on the Store's website.
4. The Consumer does not have the right to withdraw from the Agreement with respect to certain types of contracts, i.e:
1) to provide services, if the Seller has fully provided the service with the Consumer's express consent, which prior to the commencement of the performance was informed about the loss of the right to withdraw from the Contract after the completion of the service by the Seller;
2) in which the price or compensation depends on fluctuations in the financial market, over which the Seller has no control, and which may occur prior to the expiry of the deadline for withdrawal from the Contract;
3) in which the Goods are not prefabricated, manufactured according to the Consumer's preferences, or to satisfy his or her personalized preferences;
4) in which the Goods is an item that is subject to rapid deterioration or has a short expiry date;
5. The Seller shall promptly, not later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the contract, reimburse the Consumer with all made payments, including the costs of delivery of the Goods. The Seller shall return the payment using the same payment method as used by the Consumer, unless the Consumer expressly agreed to a different reimbursement method, which does not involve for him/her in any additional expenses.
6. If the Consumer has chosen another method of delivery than the least expensive, customary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for additional costs incurred by him/her.
7. The Consumer is obliged to return the Goods, along with all elements of the equipment, including the packaging, if it constitutes an essential part of the Goods. The Seller may refrain from refunding the payment until receiving the Goods, or until providing the Seller with the proof of its return, depending on which event occurs earlier.
8. The Consumer shall bear solely the direct costs of returning of the Goods, unless the Seller agreed upon bearing these costs, or failed to inform the Consumer of the necessity to bear such costs.
9. The Consumer shall be liable for any reduction in value of the Goods, arising from its use, beyond what is necessary to determine the nature, characteristics as well as functioning of the Goods.
10. In the event of a successful withdrawal from the Contract, the Contract is deemed void.
CHAPTER 9 INTELLECTUAL PROPERTY
1. The Rights to the Service and the contents contained therein, are owned by the Seller.
2. The website address at which the Online Shop is available, as well as the content of the www.extrufish.com website, are the subject of copyright law and are protected by copyright and intellectual property law.
3. All logotypes, proper nouns, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks etc., are registered trademarks and belong to the Seller, manufacturer or the distributor of the Goods. Downloading, copying, modifying, reproducing, sending or distributing any content from www.extrufish.com without the owner's consent, is prohibited.
CHAPTER 10 FINAL PROVISIONS
1. In matters not regulated by the Terms and Conditions, the relevant provisions of generally applicable law shall apply in legal relations with Clients or Consumers.
2. Every derogation from the Terms and Conditions shall be made in writing under pain of nullity.
3. The Court having jurisdiction over the dispute between the Seller and the Client, shall be the court having jurisdiction over the Seller's registered office. The competent court to resolve a dispute between the Seller and the Consumer shall be the court competent according to the general rules (court of the defendant's place of residence) or any other court that is more suitable for the Consumer (according to Articles 31-37 of the Code of Civil Procedure).