REGULATIONS OF THE ONLINE STORE
1. These Regulations determine the general terms, rules and method of sales carried out by Michał Mielczarek, who runs business activity under the business name Imperium-Design Sp. z o.o. with its registered office in Częstochowa, via the online store www.nowodvorski-lighting.com (hereinafter referred to as: "Online Store"), as well as specify the terms and conditions of providing free services via electronic means by Michał Mielczarek, who runs business activity under the business name IMPERIUM Michał Mielczarek with its registered office in Częstochowa.
§ 1 Definitions
1. Business days - mean days of the week from Monday to Friday, excluding public holidays.
2. Delivery - means a factual act consisting of delivering Goods specified in the order to the Customer by the Seller, through the Supplier.
3. Supplier - means a courier company with which the Seller cooperates in the scope of Delivery of the Goods.
4. Customer - means an entity for which services may be provided electronically, in accordance with the Regulations and provisions of the law, or with which the Sales Agreement may be concluded.
5. Consumer - means a natural person performing an act in law with the entrepreneur, which is not directly associated with business activity or professional activity of such natural person.
6. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person and for which the law assigns legal capacity, conducting business activity or professional activity on its own behalf and performing an act in law, which is directly associated with its business activity or professional activity.
7. Regulations - mean these regulations.
8. Physical Store - means a place intended for Customer service, which is located at: ul. Rydza-Śmigłego 36/38, 42-229 Częstochowa.
9. Seller - means Michał Mielczarek, who runs business activity under the business name Imperium-Design Sp. z o.o. with its registered office in Częstochowa (42-217), ul. Śląska 22 lok. 16, NIP: PL5732866486, REGON: 364926540, entered into the Central Registration and Information on Business, kept by the Minister of Development; e-mail: email@example.com who at the same time is the Online Store’s owner.
10. Store’s Website - means websites, which are used by the Seller to operate its Online Store, operating in the following domain: www.nowodvorski-lighting.com.
11. Goods - means a product presented by the Seller via the Store’s Website, which can be the subject of the Sales Agreement.
12. Durable medium - means a material or tool that allows the Customer or the Seller to store information addressed personally to it, in a manner that allows access to information in the future for a time appropriate for the intended purposes of such information, and which allows the stored information to be reproduced in unchanged form.
13. Sales Agreement - means a sales agreement concluded remotely, on the terms and conditions determined in the Regulations, between the Customer and the Seller.
§ 2 General provisions and the use of Online Store
1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, Store’s Website, as well as to patterns, forms, logos posted on the Store’s Website (except logos and photos presented on the Store's Website for the purposes of presenting the goods, the copyrights of which belong to third parties) belong to the Seller, while their use can only take place in a manner determined in the Regulations and in accordance with the Regulations, as well as with the Seller's consent expressed in written form.
3. The Seller uses the mechanism of "cookies", which are saved by the Seller’s server on the hard disk of the Customer's end device, when Customers use the Store’s Website. The use of "cookies" helps in correct operation of the Store’s Website on the Customers’ end devices. This mechanism does not destroy the Customer's end device and it does not cause any configuration changes in the Customers’ end devices, nor in the software installed on these devices. Each Customer may disable the "cookies" mechanism in the browser of its end device. However, the Seller points out that disabling the "cookies" may result in difficulties or it may prevent the use of the Store’s Website.
4. In order to place an order in the Online Store through the Store’s Website or via e-mail, and in order to use the services available on the Store’s Websites, it is necessary for the Customer to have an active e-mail account.
5. It is prohibited for the Customer to provide illegal contents and to use the Online Store, Store’s Website or free services provided by the Seller in an unlawful manner or in a manner contrary to accepted principles of morality or in a manner violating personal rights of third parties.
6. The Seller declares that the public nature of the Internet network and the use of services provided electronically may be associated with the risk of obtaining and modifying Customers’ data by unauthorized persons, and therefore the Customers should use the appropriate technical measures, which minimise the above-mentioned risks. Especially, the Customers should use anti-virus software, as well as software that protects the identity of those using the Internet.
7. It is prohibited to use resources and functions of the Online Store for the purpose of conducting business activity by the Customer, which would violate the interests of the Seller.
§ 3 Orders
1. The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code and it only constitutes an invitation for the Customers to submit offers of concluding the Sales Agreement.
2. The Customer may place orders in the Online Store 7 days a week, 24 hours a day, through the Store’s Website or through e-mail.
3. While placing an order via the Store’s Website, the Customer completes the order by selecting the Goods, in which the Customer is interested in. Adding the Product to the order is carried out by selecting the “ADD TO CART” button under the given Goods presented on the Store’s Website. After completion of the entire order and after selecting Delivery method and payment method in the “CART”, the Customer places an order by sending the order form to the Seller, by selecting the "Order with the obligation of payment" button on the Store’s Website. Each time before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs which the Customer is obliged to incur in relation to the Sales Agreement.
4. In the case of placing an order via e-mail, the Customer sends it to the e-mail address provided by the Seller on the Store’s Website. In the message sent to the Seller, the Customer especially indicates the following: name, colour and quantity of the Goods (from the Goods presented on the Store’s Website) and its contact details.
5. After receiving a message from the Customer via e-mail, which is referred to in §3, section 4, the Seller sends the return message to the Customer via e-mail, providing its registration data, the price of selected Goods, as well as the possible payment methods and Delivery methods, along with their cost, and information concerning all additional payments, which the Customer would incur from the Sales Agreement. The message also contains an information for the Customer, which points out that the conclusion of the Sales Agreement via e-mail is associated with the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller, and indicating the selected payment method, as well as Delivery method.
6. Placement of the order constitutes submitting an offer by the Customer to the Seller to conclude the Sales Agreement for the sale of Goods, which are the subject of the given order.
7. After placement of the order, the Seller sends a confirmation of its placement to the e-mail address provided by the Customer.
8. Subsequently, after confirming placement of the order, the Seller sends information about acceptance of the order for implementation to the address provided by the Customer. Information about acceptance of the order for implementation is the Seller’s statement on acceptance of the offer, which is referred to in §3, section 6 above, and the Sales Agreement is concluded upon its receipt by the Customer.
9. After conclusion of the Sales Agreement, the Seller confirms to the Customer its terms, by sending them on a Durable Medium to the email address of the Customer or in writing to the address indicated by the Customer during placement of the order.
§ 4 Payments
1. Prices provided on the Store’s Website, placed by the given Goods, constitute gross prices and they do not contain information on the costs of Delivery and any other costs, which the Customer will be obliged to pay in connection with the Sales Agreement and about which the Customer will be informed during selection of the Delivery method and placement of the order.
2. The Customer may select the following forms of payment for the ordered Goods:
a) bank transfer to the Seller's bank account (in this case, implementation of the order will be started after the Seller sends confirmation of the order acceptance to the Customer and after the funds are credited to the Seller's bank account);
b) payment by "Paypal" (in this case, implementation of the order will be started after the Seller sends confirmation of the order acceptance to the Customer and after obtaining information from "Paypal" about receipt of the funds);
3. Each time, the Customer is informed by the Seller on the Store’s Website about the time-limit, within which the Customer is obliged to make the payment for the order, in the amount resulting from the concluded Sales Agreement.
4. If the Customer fails to make the payment within the time-limit referred to in §4, section 3 of the Regulations, the Seller determines an additional time-limit for the Customer to make the payment and informs the Customer about it on a Durable Medium. Information about the additional time-limit for making the payment also includes information that after the ineffective expiration of this time-limit, the Seller will withdraw from the Sales Agreement. In the case of the ineffective expiration of the second time-limit for making the payment, the Seller shall send to the Customer a statement of withdrawal from the agreement on the basis art. 491 of the Civil Code, on a durable medium.
§ 5 Delivery
1. The Seller implements Delivery within the territory of the Europe.
2. The Seller is obliged to deliver the Goods, which are the subject of the Sales Agreement, without any defects.
3. The Seller posts information on the number of Business Days needed for the Delivery and implementation of the order on the Store’s Website.
4. The time-limit of Delivery and order implementation indicated on the Store’s Website is counted in Business Days, in accordance with §4, section 2 of the Regulations.
5. Ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
6. On the day of sending the Goods to the Customer (if the option of personal collection of the Goods has not been selected), the information confirming sending of the parcel by the Seller is sent to the Customer’s email address.
7. The Customer is obliged to examine the delivered parcel within a time and in the manner accepted for parcels of the given type. In the case, when a loss or damage to the parcel is found, the Customer has the right to demand from the Supplier's employee the preparation of appropriate protocol.
8. The Customer has a possibility of personal collection of the ordered Goods. Such collection can be made at the Physical Store during Business Days, within opening hours indicated on the Store’s Website, after prior arrangement with the Seller of the collection date via e-mail or via telephone.
9. In accordance with the wishes of the Customer, the Seller attaches a receipt or a VAT invoice covering the delivered Goods to the parcel, which is the subject of Delivery.
10. In the case of Customer absence at the address indicated by the Customer, which was providing during placement of the order as the Delivery address, the Supplier's employee will leave a notice or will attempt to contact the Customer via telephone, in order to determine the date on which the Customer will be present. In the case, when the Supplier sends back the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer via e-mail or via telephone, in order to arrange another date and cost of the Delivery.
§ 6 Warranty
1. The Seller ensures Delivery of the Goods free from physical and legal defects. The Seller is responsible in regard to the Customer, if the Product has a physical or legal defect (warranty).
2. If the product has a defect, then the Customer may:
a) submit a statement regarding price reduction or withdrawal from the Sales Agreement, unless the Seller, immediately and without excessive inconvenience for the Customer, replaces the defective Goods for Goods that are free from defects or removes the defect.
This limitation does not apply, if the Goods have already been replaced or repaired by the Seller or if the Seller has not satisfied the obligation to replace the Goods with Goods that are free from defects or to remove the defects. Instead of the proposed removal of defect by the Seller, the Customer may request replacement of the Goods with Goods that are free from defects, or instead of the replacement of the Goods, the Customer may request repair of the defect, unless it is impossible to make the defective Goods compliant with the agreement in a manner chosen by the Customer, or unless it would require excessive costs compared to the method proposed by the Seller. During assessment of the excess of costs, the value of the Goods free from defects, type and significance of the found defect is considered, as well as the inconvenience to which the Customer would be exposed in the case of other method.
b) demand replacement of defective Goods with Goods that are free from defects, or demand removal of the defect. The Seller is obliged to replace the defective Goods with Goods that are free from defects, or remove the defect within reasonable time and without excessive inconvenience to the Customer.
The Seller may refuse to satisfy the Customer's request, if it is impossible to make the defective Goods compliant with the agreement in a manner selected by the Customer, or if it would require excessive costs compared to the other method of making the defective Goods complaint with the Sales Agreement. Costs of repair or replacement shall be borne by the Seller.
3. The Customer, who exercises its rights under the warranty, is obliged to deliver the defective Goods to the Seller’s address. In the case, when the Customer is a Consumer, the delivery cost is covered by the Seller.
4. The Seller is responsible under the warranty, if the physical defect is found before the expiration of two years from the issue of the Goods to the Customer. A claim regarding the removal of a defect or replacement of the Goods with Goods that are free from defects expires after one year, however this time-limit cannot end before the time-limit specified in the first sentence. Within this time-limit, the Customer may withdraw from the Sales Agreement or submit a statement regarding price reduction due to a defect of the Goods. If the Customer requested a replacement of the Goods with Goods that are free from defects or removal of the defect, the time-limit for withdrawal from the Sales Agreement or submitting a statement regarding price reduction starts at the moment of ineffective expiration of time-limit for replacing or removing defect of the Goods.
5. Any complaints associated with the Goods or implementation of the Sales Agreement may be addressed by the Customer in written form to the Seller's address.
6. Within 14 days from the date of the request containing the complaint, the Seller must respond to the complaint regarding the Goods or complaint associated with implementation of the Sales Agreement, submitted by the Customer.
7. The Customer may submit a complaint to the Seller in connection with the use of free services that are provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the following address: firstname.lastname@example.org. In such complaint, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaints and provide the Customer with a response.
8. The Seller does not use out-of-court dispute resolution, which is referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
§ 7 Guarantee
1. The Goods sold by the Seller may be covered by a guarantee granted by the Goods’ manufacturer or distributor.
2. In the case of Goods covered by the guarantee, the information concerning the existence and contents of such guarantee is presented on the Store’s Website.
§ 8 Withdrawal from the Sales Agreement
1. The Customer who is a Consumer and who has concluded the Sales Agreement may withdraw from it within 90 days without giving any reasons.
2. The time-limit for withdrawal from the Sales Agreement is calculated from the moment of transferring possession of the Goods to the Consumer.
The Consumer may withdraw from the Sales Agreement by submitting a statement of withdrawal to the Seller. Such statement can be made e.g. in writing to the Seller's address or via e-mail to the Seller's e-mail address. The statement can be submitted on a form, the model of which is posted by the Seller on the Store’s Website at the following address: Withdrawal Form. In order to meet the time-limit, it is sufficient to send the statement before expiration of such time-limit.
3. In the case of withdrawal from the Sales Agreement, it is considered void.
4. If the Consumer submitted a statement on the withdrawal from the Sales Agreement, before the Seller accepted Consumer’s offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on the withdrawal from the Sales Agreement, to return all payments made by the Customer, including the costs of Delivery of the Goods to the Consumer. The Seller may withhold the return of payments received from the Consumer until Seller’s receipt of the Goods or until receipt of proof from the Customer that the Goods have been sent back, depending which event occurs first.
6. If the Consumer, who uses the right to withdraw from the agreement, has chosen the method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, then the Seller is not obliged to return the additional costs incurred by the Consumer.
7. The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 14 days from the day on which the Customer withdrew from the Sales Agreement. In order to meet this time-limit, it is sufficient to send back the Goods to the address of the Physical Store before the time-limit expires.
8. In the case of withdrawal, the Customer who is a Consumer bears only the direct costs of returning the Goods.
9. If, due to their nature, the Goods cannot be returned by post in a normal mode, the Seller informs the Consumer about the costs of return of the Goods on the Store’s Website.
10. The Consumer is responsible for decrease in the value of the Goods, resulting from the use of the Goods exceeding what is necessary to establish the nature, features and functioning of the Goods.
11. The Seller must return the payment with the use of the same method of payment, which was used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which is not associated with any additional costs.
§ 9 Free services
1. The Seller provides the following free electronically supplied services to the Customers:
a) Contact form;
b) Ask for a product.
2. The services indicated in §9, section 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to select and change the type, form, time and method of granting access to selected above-mentioned services, about which the Seller shall inform the Customers in a manner appropriate for the change in the Regulations.
4. The ‘Contact Form’ service consists of sending a message to the Seller via the form placed on the Store’s Website.
5. Resignation from the free ‘Contact Form’ service is possible at any time and consists of stopping to send inquiries to the Seller.
6. The ‘Ask for a Product’ service consists of sending a message to the Seller via the form placed on the Store’s Website.
7. Resignation from the free ‘Ask for a Product’ service is possible at any time and consists of stopping to send inquiries to the Seller.
§ 10 Protection of personal data
§ 11 Termination of the agreement (it is not applicable to the Sales Agreement)
1. The Customer, as well as the Seller may terminate the agreement for provision of electronically supplied services at any time and without giving reason, subject to the preservation of rights acquired by the other party prior to the termination of the above-mentioned agreement, as well as the below provisions.
2. The Seller terminates the agreement for provision of electronically supplied services by sending an appropriate declaration of intent to the e-mail address provided by the Customer during placement of the order.
§ 12 Final Provisions
1. The Seller is responsible for non-performance or improper performance of the agreement, however in the case of agreements concluded with Customers who are Entrepreneurs, the Seller is only responsible in the case of causing damage deliberately and within the limits of factually incurred losses by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.
3. In the case of a dispute resulting from the concluded Sales Agreement, the parties shall strive to resolve the matter amicably. The Polish law is the law applicable to the resolution of any disputes resulting from these Regulations.
4. The Seller informs the Customer, who is a Consumer, about the possibility of using extrajudicial methods of consideration of the complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or websites of entities authorized to out-of-court resolution of disputes. In particular, these may include the consumer ombudsmen or Provincial Inspectorates of the Trade Inspection – the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform) available at the following address: http://ec.europa.eu/consumers/odr/.
5. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for implementation prior to the date of entry into force of the new Regulations are implemented based on the Regulations that were in force on the date of Customer’s placement of the order. Change to the Regulations comes into force in 7 days from the date of publication on the Store’s Website. 7 days before the entry into force of the new Regulations, the Seller shall inform the Customer about change in the Regulations through a message sent via electronic means and containing a link to the text of the changed Regulations. If the Customer does not accept the new contents of the Regulations, then the Customer is obliged to notify the Seller about this fact, which results in the termination of the agreement in accordance with the provisions of §11 of the Regulations.
6. These Regulations come into force on 25.05.2018.