ONLINE SHOP RULES
ANTAMION SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ IN RUMIA, POLAND
- These Rules lay down the principles of the Purchasers’ use of the Seller’s Shop services.
- The Rules are continuously available at the Shop website so that the Purchasers can read, download, view, or record them.
- These Rules are the rules referred to in s. 8 of the Act on Electronic Provision of Services.
The terms used in these Rules shall have the following meanings:
- Seller – ANTAMION Spółka z ograniczoną odpowiedzialnością with its registered address in Rumia, ul. Płk. Dąbka 40, 84-230 Rumia, KRS 0000556611, REGON 361435698, NIP 5882409276, which pursues the business of selling Goods from the Shop
- Shop – the collection of websites and IT tools (Internet service) managed by the Seller, enabling the Purchasers to enter into Sale Agreements, available at the following Internet domain: www.antamion.com
- Purchaser – the Consumer or any other person of non-Consumer status, registered or non-registered User who concluded the Agreement via the Shop
- Consumer – the Purchaser being a natural person, performing an act in law (Agreement concluded via the Shop) unrelated directly with his/her business or professional activities (s.22¹ of the Civil Code)
- Goods – the products presented at the Shop, the descriptions of which are available next to each of the presented items
- Agreement – the sale agreement concluded in the Shop between the Seller and the Purchaser on the terms ensuing from these Rules, where the subject matter of the Agreement is the sale of the Goods to the Purchaser
- Rules – these Shop Rules
- Materials – information included on the Shop websites, such as the names, descriptions, photographs, and graphic illustrations of the Goods, and identification of the Goods’ manufacturers
- User – the Internet user availing himself/ herself to the Shop services, the Purchaser, or any person intending to buy the Goods or services presented by the Seller via the Shop
- Purchase Order – Purchaser’s declaration of intent, the direct purpose of which is to conclude the Sale Agreement, which in particular specifies the types and quantity of the Goods.
- Civil Code – the Act of 23 April 1964 (consolidated test of 10 May 2018, Journal of Laws 2018, it. 1025, as amended)
- Act on Consumer Rights – the Act on Consumer Rights of 30 May 2014 (consolidated text of 13 December 2018, Journal of Laws 2019, it. 134, as amended)
- Act on Electronic Provision of Services – Act on Electronic Provision of Services of 18 July 2002 (consolidated text of 13 December 2018, Journal of Laws 2019, it. 123, as amended)
- Personal Data Protection Act – Personal Data Protection Act of 10 May 2018 (Journal of Laws 2018, it.1000) and to a limited extent the Personal Data Protection Act of 29 August 1997 (Journal of Laws 2016, it. 922, as amended)
- GDPR – Regulation of the European Parliament and of the Council (EU) 2016/679 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
GENERAL TERMS OF USING THE SHOP SERVICES
- The Purchaser being a natural person may use the Shop services provided he/she holds full capacity to perform acts in law.
- The Purchaser other than a natural person may use the Shop services via the persons authorised to act in his name, in compliance with these Rules.
- So as to place a Purchase Order in the Shop, one must use devices enabling access to the Internet, e-mail box, and website browsers displaying www sites.
- The sale concerns the Goods presented by the Shop at the time the Purchase Order is placed.
- The prices displayed next to the Goods are quoted in EUR net with the possibility of translating the prices to PLN, depending on the payment method and the offer of the DotPay or PayPal payment services.
- The Seller shall not be liable for any damages arising from the Purchaser’s giving untrue, invalid, or incomplete data in the forms made available for placing the Purchase Order, Registration with the Shop included, or the Purchaser’s failure to comply with these Rules. The data provided by the Purchaser must not violate the currently binding legal regulations or infringe on the personal property or rights of any third parties.
- The Seller shall not be liable for incorrect use of the Shop services by the Purchaser, including any use inconsistent with these Rules, and for any consequences of such use.
- The Purchaser shall be prohibited from using the Seller’s name, Shop logo, the Materials, and any Shop information other than Materials (including the graphic elements of the Shop and its layout), except for the circumstances expressly indicated in the Rules, or whenever the Purchaser is allowed to do so based on express written consent from the Seller.
- The User shall be obliged not to disclose his/her login and password used to login to the Shop to any third parties, and the Seller shall not be held liable for the User’s incorrect use of his/ her login, including any use inconsistent with these Rules, and in particular for his/her making the login available to third parties or securing (protecting) it in an inadequate manner.
- Information about the Goods displayed on the Shop websites, in particular descriptions of the Goods, their technical and functional parameters, as well as the prices, shall constitute an invitation to enter into agreement, as construed in s. 71 of the Civil Code.
- The placement of a Purchase Order shall constitute the Purchaser’s offer, as construed in the Civil Code, i.e. his/her declaration of intent to enter into an agreement with the Shop, in compliance with these Rules.
ENTERING INTO AGREEMENTS AT THE SHOP
- Agreements can be concluded by those registered with the Shop, and non-registered users.
- The moment a Purchaser makes registration with the Shop, his/her account is created, where the account is made up of a data set accumulating information on the Purchaser and his/her activities in the Shop related to the concluded Agreements, as well as his/her personal data necessary to perform the Purchase Orders placed with the Shop. Purchaser account gives him/her e.g. access to the history of his/her Purchase Orders from the Shop, and all data submitted when making the registration or introducing changes.
- Each case the Purchaser’s data change, he/she shall be obliged to update them on his/her account with the Shop before placing a new Purchase Order.
- To register, the user shall complete and accept the registration form available from the Shop website.
- Registration is conditional on accepting these Rules and providing personal data identified as obligatory.
- In order to secure safety of transmission of messages and data in connection with the services provided, the online Shop applies technical and organisational measures adequate to the degree of the safety risk the services provided are exposed to, in particular the measures intended to prevent unauthorised access to and modification of the data transmitted online.
- By giving his/her personal data in the registration form, the Purchaser declares that:
- the information given by him/her at registration is true,
- he/she consents to the processing of those data by the Shop for the purpose of opening the Purchaser’s account and perform the Purchase Orders, and (only if he/she makes the relevant declaration) to receiving commercial information and marketing offers from the Seller at the given e-mail address,
- he/she voluntarily provides his/her personal data for the purposes of registration, placing Purchase Orders, and concluding agreements.
PLACING PURCHASE ORDERS WITH THE SHOP – ENTERING INTO THE AGREEMENT
- The Purchaser can place Purchase Orders with the Shop by completing an interactive form available 24/7, subject to the other provisions of these Rules, in particular those relating to technical breaks.
- A Purchase Order can be placed by way of:
- completing the electronic Purchase Order form with the Purchaser’s data necessary to perform the Purchase Order, in particular: his/her given name and surname, home address, and e-mail address,
- using the Client’s personal data obtained at his/her previous registration with the Shop (purchase via the Account).
- In order to enter into a Sale Agreement via the online Shop and the Purchase Order form made available thereat, one must select the Goods by taking a sequence of technical operations following the messages displayed and the information available on the Shop website.
- The Purchaser selects the ordered Goods by adding them to the basket.
- Once the Purchaser using the online Shop services has given all required data, a summary of the placed Purchase Order will be displayed clearly and conspicuously. The summary of the placed Purchase Order will contain the following information:
- description of the ordered item
- unit and total price of the ordered Goods plus taxes, delivery costs, and additional costs (if any)
- Seller’s contact data
- selected method and date of payment
- selected delivery method
- delivery time
- Purchaser’s contact data
- billing information (if relevant)
- Having placed the Purchase Order, the Purchaser shall receive an e-mail confirming the placement of the Purchase Order (and giving the unique Purchase Order number), including the final confirmation of all key parameters of the Purchase Order; this is the moment the Agreement is concluded.
- Should the Purchaser identify any inconsistencies in the information sent by the Shop, as referred to in it. 7 above, he/she is requested by the Seller to contact him on the telephone number given in such information, or by e-mail so as to correct any inconsistencies noticed.
- The Purchaser can modify the Purchase Order any time before the Goods are sent. To modify it, he/she shall contact the Seller on the phone or by e-mail.
- Because all documents sent to the Purchaser in the performance of the Purchase Order are recorded in the PDF format, to do the shopping at the Seller’s Shop the Purchaser shall use a PC or mobile device with access to the Internet and functionality enabling him/her to view PDF files.
- The Purchaser consents to being sent the electronic (PDF) files of: Purchase Order placement confirmation, these Rules, and sample declaration of withdrawal from the Agreement.
- The Purchaser buying items from the Seller’s Shop consents to the processing of his/her personal data by the Seller, the operator of the shopping platform on which the Shop operates, and the payment channel providers, in accordance with the declarations made when placing the Purchase Order. As concerns the shopping platform operator, the Purchaser consents to the processing of his/her personal data for no other purpose than sending him/her enquiries about his/her satisfaction with the purchases from the specific shop.
PRICE, PAYMENT TERMS
- The payments for the Goods purchased or services ordered from the Shop by the Purchaser (price, payment service costs, if any, and delivery costs) are made using the payment tools made available at the Shop, and on the principles laid down by the Seller.
- The prices displayed next to the Goods are given in EUR net.
- The costs of payment and delivery of the Goods to the User are given separately.
- The Purchaser purchases the Goods for the prices, including the additional costs, valid the moment the Purchase Order is placed. The amount of additional costs depends on the options selected by the Purchaser when placing the Purchase Order.
- The Seller makes available payment of the price with a debit/ credit card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro) via Dotpay Sp. z o.o. ul. Wielicka 72, 30-552 Kraków | www.dotpay.pl, by an electronic transfer, or via Paypal.
If the payment is made with a debit card, electronic transfer, or via the Dotpay or Paypal settlement services, the prices for the ordered Goods shall be paid immediately after the placement of the Purchase Order.
- The Purchaser is obliged to give correct and up-to-date contact data. Incorrect data can preclude performance of the Purchase Order.
- In the course of Purchase Order performance, the Purchaser shall receive e-mail messages with information about any changes in the Purchase Order status.
- The Seller shall perform delivery of the Goods via courier services. The deliveries are only executed in the European Union.
- Courier parcels are delivered between 9.00 a.m. and 5 p.m., in 2-7 days after the Agreement conclusion date, depending on the country of delivery. If the ordered Goods are imported from a warehouse abroad, the delivery can take longer, though no more than 30 days; the relevant information of the fact shall be sent to the Purchaser.
- The document of sale shall be provided to the Purchaser in electronic format and made available to him/her for printing in a link displayed in the e-mail message referred to in it. 2 above. On Purchaser’s request, the document of sale shall be sent to him/her by e-mail; to place such request the Purchaser should contact us at firstname.lastname@example.org.
- If the Seller is unable to perform the service because the Goods are unavailable, he shall notify the Purchaser of the fact immediately and in each case no later than within two business days following the Agreement conclusion date, and within 3 days shall return the entire price he has received, provided any monies have already been paid.
- On delivery of the Goods the Purchaser should check their condition in the presence of the courier.
- The service performance date shall be defined as the date on which the Goods are delivered to the address indicated by the Purchaser. All rights and obligations related to the ownership of the Goods shall pass on the Purchaser the moment the Goods are released to him/her.
- The Seller shall not be held liable for any failure to deliver the Goods for causes attributable to the Purchaser, in particular if he/she gives an incorrect delivery address. Should this be the case, and should it be possible, the Seller shall enable the Purchaser to collect the Goods from a specific location, e.g. from the Seller’s premises, unless the parties agree any other method of delivering the Goods.
WITHDRAWAL FROM THE AGREEMENT (‘RETURN OF THE GOODS’)
- The Client being a consumer, as construed in s. 22¹ of the Civil Code, shall be entitled by operation of the law to withdraw from the remote agreement without stating the cause within 14 days after he/she has received the Goods.
- The consumer may withdraw from the agreement by submitting a written declaration of withdrawal. The agreement withdrawal declaration shall be sent in hard copy to the Seller’s address given in these Rules, or by fax or electronic mail. The electronic mail address and the fax number are also included in these Rules in the Seller’s contact data.
- The agreement withdrawal declaration should contain:
- identification of the Seller and his address,
- identification of the Purchaser (given name and surname of the consumer(s) and his/her(their) address(es),
- declaration of withdrawal
- date and signature(s) (only if the form is sent in hard copy)
The link to the sample form of agreement withdrawal declaration is sent to the Purchaser in the e-mail message confirming acceptance of the Purchase Order.
- To keep the deadline it is sufficient to send the declaration before the term lapses.
- In the case of withdrawal from the Agreement, the Agreement shall be deemed non concluded. Whatever the parties have exchanged, shall be returned in an unaltered condition, unless any modification was necessary under ordinary management.
- If the Purchaser withdraws from the agreement without stating the cause, the Purchaser who is a Consumer shall be obliged to return the purchased Goods to the Seller or release the Goods to the person authorized by the Seller, where he/she shall do so forthwith and in any case no later than within 14 days after the date of his/her withdrawal from the agreement, unless the Seller offers to collect the Goods himself. To keep the deadline it is sufficient to send the Goods before the term lapses.
- The Consumer shall only bear the direct costs of returning the Goods in the amount equal to the fee for shipping the parcel by courier or any other service selected by the Consumer.
- If the Purchaser has paid the price for the Goods, the Seller shall be obliged to return it within 14 days after the receipt of the declaration of withdrawal from the Agreement.
- The payments referred to in it. 8 above shall be returned using the same method which was used by the Purchaser, unless he/she consents to another form of return which shall not involve his/her incurring any extra costs.
- The Seller shall return the delivery costs borne by the Purchaser only if the costs have not been already paid by the Seller in connection with ordering the delivery of the Goods in accordance with the Purchase Order.
- In the event the Goods are returned in connection with the withdrawal referred to in it. 1 above, the Purchaser being a Consumer shall be held liable for any devaluation of the Goods caused by his use of the Goods in a way which exceeds the scope necessary to verify the nature, features, and functioning of the Goods.
- The Purchaser other than Consumer shall not be entitled to withdraw from the agreement, as referred to in it. 1 above. The rules and terms of agreement withdrawal by such Purchasers are laid down in the Civil Code.
- The Consumer shall not be entitled to withdraw from the agreement without stating the cause in the circumstances specified in the binding regulations, namely in the case of:
- provision of services which started, on Consumer’s consent, before the lapse of the term referred to in it. 1 above,
- audio and visual recordings, and those recorded on digital storage media, if the Consumer has removed their original packaging,
- agreements concerning services the price or fee for which depends exclusively on the price movements in the financial market,
- services of the features specified by the Consumer in the his/her Purchase Order, or closely connected with himself/herself
- services which cannot be returned because of their nature, or when the subject of such services easily degrades
- delivery of the press
- gambling services.
COMPLAINT PROCEDURE – SELLER’S LIABILITY UNDER THE WARRANTY
- Complaints under the warranty and inconsistency of the Goods with the sale agreement can be submitted in writing to the Seller’s address or via electronic mail at: email@example.com
- The person lodging the complaint is recommended to give the Purchaser’s contact data, describe in detail the causes of complaint and his/her claims from the Seller, and append the complaint with the document of sale in the original or photocopy.
- The Seller shall be held liable towards the Purchaser if the Goods are defective physically or in law, in accordance with the principles laid down in s. 556 of the Civil Code and the subsequent sections (warranty).
- The Seller shall be liable under the warranty if the physical defect is identified before the lapse of two years after the moment the goods are released to the Consumer.
- The Seller shall respond to the complaint lodged under the warranty within 14 days. If the Seller fails to do so within 14 days after the date on which the complaint was lodged it shall be deemed he has found the Consumer’s statement or demand justified. The 14-day term for responding to the complaint shall not apply if the Purchaser is an entity other than a consumer (e.g. an entrepreneur). In such a case the act of law does not specify any terms which would be binding on the parties, which gives them freedom in shaping their contractual arrangements.
- The Seller shall not be liable for the lack of access to the Shop caused by factors independent of the Seller and for the resulting maintenance works or failures.
- The Seller reserves the right to introduce breaks in access to the Shop to perform technical servicing works, maintenance works, or any works intended to improve the Shop functionalities. At the same time, the Seller undertakes to take all possible effort to introduce such breaks at night and to make them as short as possible.
- The Purchaser consents to the Seller’s processing of his/her personal data given by him/her in connection with the performance of the Purchase Order and/or in the process of account registration with the Shop, as well as when using the Shop. Although giving personal data by the Purchaser is voluntary, no consent from the Purchaser to processing his/her personal data by the Shop may preclude electronic provision of the services by the Shop, placement of the Purchase Order by the Purchaser, and conclusion of the Agreement.
- Personal data are processed by the Seller, i.e. the company operating under the following name:
ANTAMION Spółka z ograniczoną odpowiedzialnością
address: ul. ul. Płk. Dąbka 40, 84-230 Rumia
KRS 0000556611, REGON 361435698, NIP 5882409276
as the personal data controller.
- The personal data controller processes personal data to provide his services online, conclude and perform Sale Agreements with the Purchasers for the Goods ordered by the Purchasers from the Shop, and should the Purchaser consent, also for the marketing purposes, especially to send commercial information electronically.
- The Purchaser has the right to access his/her personal data any time, and to correct or delete them. Personal data can be corrected or deleted after logging in to the account with the Shop, or by contacting the Seller.
- The Seller reserves the right to amend these Rules. Any such amendment shall come into force and effect the moment the amended Rules are published on the Shop website. No amendments to these Rules shall apply to any Agreements concluded before such new Rules have come into force and effect.
- Any matters not regulated herein shall be subject to the provisions of the law commonly binding in Poland, in particular the provisions of the Civil Code, Personal Data Protection Act, GDPR, Act on Electronic Provision of Services, and the Act on Consumer Rights. Any disputes between the parties shall be resolved by the common court of competent jurisdiction.
- These Rules shall not exclude or limit any rights of the Purchaser being the Consumer, which he/she holds under the absolutely binding provisions of the law. In the case of any conflict between the provisions of these Rules and the absolutely binding provisions of the law which confer certain rights on the Consumers, the provisions of the law shall prevail.
- The Rules are available to all Purchasers in the electronic format on the Shop website, at tab: ……………………
- Consumers may resort to extrajudicial resolution of any disputes related to the Sale Agreement or Service Provision Agreement concluded online. The dispute may be referred for resolution via online platform at https://ec.europa.eu/consumers/odr.
- These Rules shall come into force and effect as of 01 March 2019.