The online store www.hobby-store.pl takes care of consumer rights. The consumer can not waive the rights granted to him in the Consumer Rights Act. Provisions of contracts less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place the provisions of the Act on Consumer Rights apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In case of non-compliance of the provisions of these Regulations with the above provisions, priority is given to these provisions and should be applied.
TABLE OF CONTENTS:
- GENERAL PROVISIONS
- UNREPATABLE ELECTRONIC SERVICES
- TERMS OF CONCLUDING A SALES AGREEMENT
- FORMS AND DEADLINES FOR PRODUCT PAYMENT
- FORMS, TIMES FOR STARTING ORDER OR DELIVERY
- RIGHT OF WITHDRAWAL FROM THE CONTRACT
- PROVISIONS CONCERNING ENTREPRENEURS
- FINAL PROVISIONS
Glossary of terms appearing in the Online Store Regulations:
- WORKING DAY - one day from Monday to Friday, excluding public holidays.
- CUSTOMER - a natural person with full capacity to perform acts in law, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; legal person; or an organizational unit without legal personality, which the law grants legal capacity; - who has concluded or intends to conclude a Sale Agreement with the Seller.
- CIVIL CODE - the Civil Code of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
- PRODUCT - a movable item available in the Online Store or a service subject to the Sales Agreement between the Customer and the Seller.
- REGULATIONS - these regulations of the Online Store.
- ONLINE STORE - the Service Provider's online store is available at the following Internet address: www.hobby-store.pl
- SELLER; SERVICE PROVIDER - Grzegorz Szczechowiak running a business under the name Madkom Grzegorz Szczechowiak entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister responsible for economy, having: address of the place of business and address for delivery: ul. Syrokomli 3a, 81-349 Gdynia, NIP: 5861474009, REGON: 191819447, e-mail address: firstname.lastname@example.org and contact telephone number: +48 519 301 288
- SALES AGREEMENT - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
- SERVICE USER - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) legal person; or (3) an organizational unit without legal personality, which the law grants to legal capacity; - using or intending to use the Electronic Service.
- CONSUMER RIGHTS ACT, ACT - Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 as amended)
- ORDER - Customer's declaration of will submitted via the Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
- The Online Store available at the Internet address www.hobby-store.pl is run by Grzegorz Szczechowiak running a business under Madkom Grzegorz Szczechowiak entered into the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister competent for economy, NIP: 5861474009, REGON: 191819447.
Contact details of the online store:
Syrokomli 3a, 81-349 Gdynia, e-mail address: email@example.com, e-mail address for complaints: firstname.lastname@example.org contact telephone number: +48 519 301 288
- These Regulations are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Regulations states otherwise and is directed only to consumers or to entrepreneurs.
- Regulations of the online store hobby-store.pl is made available on the website without interruption in a way that allows its clients to obtain, reproduce and record its contents.
- The information contained on the Online Store website does not constitute an offer, but an invitation to enter into a contract within the meaning of art. 71 of the Civil Code.
FREE ELECTRONIC SERVICES
- In order to use electronic services in the Online Store it is necessary to have access to a computer, laptop or other multimedia device with Internet access. To make purchases in the Online Store it is necessary to have an active e-mail account.
- The account is a set of resources in the Service Provider's IT system marked with an individual name (login) and password provided by the Service Recipient in which data provided by the Service Recipient and information about Orders placed in the Online Store are collected. In order to create a Customer Account, the Customer is obliged to make a free Registration.
- Using the Account is possible after selecting the fields at the stage of ordering. Create an account and accept the entered data through the "Buy and pay" button. In the Registration Form, it is necessary for the Customer to provide the following data: name and surname, residence address, e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
- Provision of services under the Account at hobby-store.pl is free and unlimited.
- Registration in the Online Store allows the Customer to enter, edit or delete data, including delivery addresses; placing orders using the data entered by the Customer; creating a shopping list; browsing the order history / statuses; managing information / notifications that the Client wants to receive, using the Newsletter, adding opinions about products and using other functionalities made available to registered Clients.
- Order Form - an interactive form that allows placing an Order, in particular by adding Products to an electronic basket and defining the terms of the Sales Agreement, including the method of delivery and payment. When the Customer first adds the Product to the electronic basket in the Online Store, the Customer starts using the Order Form. The Electronic Order Form Service is provided free of charge and is of a one-off nature and terminates when the Order is placed via it or when the Customer first stops placing the Order via it.
- Orders are placed after completing the Order Form and clicking on the Online Store website after completing the "Purchase and pay" fields. Until confirmation of purchase, it is possible to modify the entered data yourself (for this purpose, follow the displayed messages and information available on the Online Store website).
- In the Order Form it is necessary for the Customer to provide the following data identifying the Customer: name and surname or company name, address (street, house / flat number, zip code, city, country), e-mail address, number a contact phone and data relating to the Sales Agreement: ordered Products and their quantity, place and method of delivery and method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
- Newsletter - Every Customer can use the Newsletter service after giving the e-mail address in the "Newsletter" tab visible on the Online Store website, to which further editions of the Newsletter should be sent and click the "Save" button. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account - once the Account is created, the Customer is subscribed to the Newsletter.
- Newsletter service consists in sending by the Seller, to the email address, an electronic message containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Registered Users who subscribed.
- The Electronic Newsletter service is free and unlimited. The Client has the option, at any time and without giving a reason, to give up the Newsletter. In order to resign, please inform the Store in writing or via e-mail about the will to delete it.
- The Client is obliged to use the Online Store in a manner consistent with the law and morality with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties.
- The Client is obliged to enter data in accordance with the actual state.
- The recipient is prohibited from providing unlawful content.
- Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the complaint procedure Product, which is indicated in point 6 of the Regulations) The Recipient may submit in electronic form via email to the address described in §1 section 3 of the Regulations.
- In the description of the complaint, the Customer should provide: information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities, requests related to the given irregularities and contact details of the complainant in order to speed up the consideration of the complaint by the Service Provider. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
- The Service Provider will respond to complaints immediately, no later than within 14 calendar days from the date of its submission.
CONDITIONS FOR CONCLUDING SALES AGREEMENTS
- Conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with § 2 point 5.1 of the Regulations.
- Product prices posted on the Website: they are given in Polish zlotys, include VAT, do not include costs related to possible customs duties and do not include delivery costs. The total price of the Product which is the subject of the Order, as well as delivery costs (including transport, delivery and postal fees) and other costs, and if it is not possible to determine the amount of these fees - the Customer is informed on the Store's website Online when placing orders, including when the customer wishes to be bound by the Sales Agreement.
- By entering a Sales Agreement and accepting these Regulations, the Customer requests a receipt of an invoice and agrees to receive an invoice in electronic form.
- Information about the Products is an invitation to enter into a contract within the meaning of art. 71 of the Civil Code. The Customer, by sending an order to the Store, makes an offer to conclude a sales agreement for the Products ordered with the Store. Every payment made by the Customer - except for the payment made at the receipt of the order - constitutes until the Store sends the confirmation of the order to be processed, prepayment for the execution of the order. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller the e-mail address provided at the time of placing the Order e-mail address, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Agreement. With this moment, the sales contract between the Online Store and the Customer for the concluded one is considered.
- Consolidation, protection and access to the content of the Sales Agreement concluded by the Customer is made by providing these Regulations on the Online Store website and sending the e-mail message referred to in §3 point 3 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
- The consumer's right to receive a document containing basic data on the concluded transaction is carried out by an invoice issued by the Seller / receipt. The invoice / receipt will be delivered to the Customer electronically at the time of delivery of the Product for shipment if the payment method is chosen by credit / debit card or by transfer to the Seller's bank account. In the case of a payment on delivery on delivery, the invoice / receipt will be delivered electronically when the amount corresponding to the price of the Order is credited to the Seller's bank account. The invoice / receipt constitutes proof of the transaction and the fact of the purchase of the goods by the Customer.
FORMS AND DEADLINES FOR PAYMENT FOR PRODUCT
- The Customer can choose the following forms of payment under the Sales Agreement:
- Payment by PayPal
- Payments by PayLane
- Electronic payments and card payments are made through:
- PayLane sp.z o.o. with its registered office in Gdańsk at ul. Norwida 4, zip code: 80-280, KRS: 0000227278.
FORMS, TIMES FOR STARTING ORDER DELIVERY AND DELIVERY
1. Product delivery is available on the territory of the European Union Member States and Great Britain.
2. Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services, as well as VAT and customs duty in the case of orders to the United Kingdom and other countries outside the European Union Community) are indicated to the Customer on the Online Shop websites in the information tab on delivery costs and during the submission of Orders, also when the Customer expresses the willingness to be bound by the Sales Agreement. Products are delivered to the Customer via the Supplier to the address indicated in the Order Form.
3. The Customer's personal collection by the Customer is free of charge at Al. Zwycięstwa 96/98, 81-451 Gdynia.
4. The Seller provides the Customer with the following methods of delivery or collection of the Product (depends on your country):
- 4.1. Postal shipment, postal pickup.
- 4.2. Courier shipment, courier delivery parcel.
- 4.3. Parcel delivery.
- 4.4. Personal collection available at: Al. Zwycięstwa 96/98, 81-451 Gdynia.
5. The date of delivery of the Product to the Customer is up to 7 Business Days in case of domestic orders and 14 Business Days for foreign orders, unless a shorter deadline is given in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, can not exceed 7 Business Days in case of domestic orders and 14 Business Days for foreign orders. The beginning of the delivery of the Product to the Customer counts as follows:
- 5.1. If the Customer selects the method of payment by bank transfer, electronic payment or by credit card - from the date of crediting the Seller's bank account or settlement account.
- 5.2. If the Customer chooses the method of payment on delivery - from the date of the Sale Agreement.
6. Product readiness to be picked up by the Customer - if the Customer selects a personal Product collection, the Product will be ready for collection by the Customer within 7 Business Days, unless in the description of the Product or when placing the Order a shorter period is given. In the case of Products with different dates of readiness for collection, the deadline for receipt is the longest given date, which, however, can not exceed 7 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product to be picked up. The beginning of the product's ready for collection by the Customer counts as follows:
- 6.1. If the Customer selects the method of payment by bank transfer, electronic payment or by credit card - from the date of crediting the Seller's bank account or settlement account.
7. If the Customer chooses cash in personal collection - from the date of the Sale Agreement.
RIGHT TO WITHDRAW FROM THE CONTRACT
- According to art. 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014 item 827) A consumer who has concluded a distance contract may, within 14 (fourteen) days from the date of receipt of the shipment, withdraw from the contract without providing reasons and without incurring costs, with the exception of costs defined in § 9 point 8 of the Regulations.
- To keep the above deadline, it is enough to send a statement before its expiration. The declaration on withdrawal from the contract may be submitted in writing to the following address: ul. Syrokomli 3a, 81-349 Gdynia or in electronic form via email to the following address: email@example.com;
- An example of the withdrawal from the contract form is included in Annex 2 to the Consumer Rights Act and is additionally available on the Online Store website in the withdrawal tab. The consumer may use the form template, but it is not mandatory.
- The period for withdrawing from the contract begins: for the contract whereby the Seller issues the Product, being obliged to transfer its ownership from the moment the Product is taken over by the consumer or a third party designated by the Seller other than the carrier and in the case of a contract that includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or consist of regular delivery of Products for a limited period - from taking possession of the first Product; for other contracts - from the date of the contract.
- In case of withdrawal from the Contract of Sale, it is considered as not concluded. The consumer is obliged to return the Merchandise to the Seller immediately, but not later than within 14 days from the date on which he resigned from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline expires. The consumer may return the Product to the following address: ul. Syrokomli 3a, 81-349 Gdynia
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Contract of Sale, return all payments made by him, including the cost of Product Delivery to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until receipt of the Product back or delivery of proof of sending the Product by the Customer, whichever occurs earlier.
- Seller reimburses payments using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which is not associated with any costs.
- If the Consumer using the right of withdrawal has chosen the method of delivery of the Product other than the cheapest method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until the Product is returned or the consumer has provided proof of its return, depending on which event it will happen sooner.
- Products should be returned unchanged, unless a change was necessary within normal management. The consumer should proceed with the product bearing in mind the necessity of its possible subsequent return. The consumer is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
- If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
- The consumer bears the direct cost of returning the Product.
- The right to withdraw from a distance contract is not granted to the consumer in respect of the following contracts.
- For the provision of services, if the Seller has fully performed the service with the express consent of the consumer who was informed before the provision that he would lose the right to withdraw from the contract after the performance of the service;
- In which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not exercise control, and which may occur before the deadline to withdraw from the contract;
- In which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specification or to satisfy his individual needs;
- In which the object of the service is a product that is quickly deteriorating or has a short shelf-life;
- In which the subject of the service is a product delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
- In which the object of the service are Products which after delivery, due to their nature, are inseparably connected with other items;
- In which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sale Agreement, and which delivery may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control
- In which the consumer clearly demanded that the Seller came to him for urgent repair or maintenance; if the Seller provides additional services other than those required by the Consumer, or provides Products other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in relation to additional services or Products;
- In which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging was opened after delivery;
- For delivery of journals, periodicals or magazines, with the exception of subscription contracts;
- Contained by public auction;
- For the provision of accommodation services, other than for residential purposes, carriage of goods, car rental, catering, leisure services, entertainment, sports or cultural events, if the contract designates a day or period of service
- For the delivery of digital content that is not stored on a tangible medium if the performance commenced with the consumer's express consent before the deadline for withdrawal and after informing the Seller about the loss of the right to withdraw from the contract.
- The Seller is obliged to deliver the product without defects and to ensure delivery of the Product free from physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).
- Basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are defined by generally applicable law, in the Civil Code (in particular, Articles 556-576 of the Civil Code).
- Detailed information regarding the Seller's liability due to a Product defect and Customer's rights are specified on the Online Store's website in the complaint information tab.
- The complaint may be submitted by the Customer in electronic form via e-mail to the following address:firstname.lastname@example.org.
- A correctly submitted complaint should contain: name, surname, address, consumer's e-mail address, date of conclusion of the contract of sale constituting the basis of the complaint, subject of the complaint indicating the Consumer's request, all circumstances justifying the complaint. The requirements specified in the preceding sentence take the form of recommendations only and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
- The Seller reviews the complaint under the warranty without undue delay, but not later than within 14 calendar days from the date of its submission by the Buyer, notifying the Buyer about the method of settling a warranty claim. If the customer who was a consumer demanded a replacement or a defect, or made a price reduction statement, specifying the amount by which the price is to be reduced and the seller did not respond to the request within 14 calendar days, it is considered that the request was justified .
- The Customer who exercises the rights under the warranty is obliged to deliver the defective Product at the expense of the Seller to the following address: ul. Syrokomli 3a, 81-349 Gdynia. In the case of a Customer who is a consumer, the cost of delivery of the Product shall be borne by the Seller, in the case of a Customer who is not a consumer, the cost of delivery shall be borne by the Customer. If, due to the type of the Product or the method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
- Detailed information on the possibility of the customer who is a consumer from out of court ways of dealing with complaints and redress and the rules of access to these procedures is available on the website of the Office of Competition and Consumer Protection at:
PROVISIONS RELATING TO ENTREPRENEURS
- This item of the Regulations and the provisions contained herein apply only to Clients and Service Users who are not consumers.
- The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
- In the case of non-consumer Clients, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
- Upon the release of the Product by the Seller, the carrier shall pass to the Customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.
- In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the parcel in time and in the manner accepted for such shipments. If it is found that during the transport there was a loss or damage to the Product, it is obliged to perform all actions necessary to determine the liability of the carrier.
- According to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a non-consumer customer is excluded
- In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending a relevant statement to the Customer.
- Responsibility of the Service Provider / Seller in relation to the Customer / Customer who is not a consumer is limited - both as part of a single claim, as well as for all claims up to the price paid and delivery costs under the Sales Agreement, but not more than up to the amount of one thousand zlotys. The Service Provider / Seller is liable towards the Service Recipient / Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient / Customer who is not a consumer.
- Any disputes arising between the Seller / Service Provider and the Client / Service User who is not a consumer are subject to the court having jurisdiction over the registered office of the Seller / Service Provider.
- Inverted VAT tax - if the subject of the Sales Agreement are goods specified in Annex 11 to the Act of March 11, 2004 on Value Added Tax (Journal of Law 2004 No. 54 item. 535, as amended), in particular under items 28a, 28b or 28c, and when the party to the Sale Agreement is the Seller and the Customer referred to in art. 17 sec. 1 point 7 above of the Act, and also if the total value of these goods in the framework of a single economic transaction involving the abovementioned goods, without the amount of tax, will exceed PLN 20,000, the Seller sells the goods without the VAT amount and issues an invoice in accordance with art. 106e para. 1 point 18 above indicated act, it is from the so-called "Reverse charge", and the customer is obliged in this case to settle and pay the VAT due.
- Agreements concluded via the Online Store are concluded in accordance with Polish law and in Polish.
- The Service Provider may change the Regulations. Amendments to the Regulations are valid from the moment they are placed on the Store's website, unless the Service Provider indicated a later date of entry into force of the new Regulations for important reasons, that is: changes in the law; changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations.
- Hobby-store.pl will notify the Customer of any change to the Regulations, in the form of a message sent to registered customers to the e-mail address provided by the Customer when registering the account. Customers will be bound by the provisions of the new Regulations, unless they declare it within 14 days from the date of notification of the change in the Regulations. The termination may be submitted in writing to the e-mail address email@example.com. The amendment of the Regulations to the extent to which it refers to sales contracts concluded prior to the amendment of the Regulations and to orders that have been placed prior to the amendment of the Regulations does not change their content and conditions.
- In the event that a change in the Regulations would result in the introduction of any new fees or increase in the existing Customer who is a consumer has the right to withdraw from the contract.
- In case of concluding agreements of a different nature from continuous contracts (eg Sales Agreement) amendments to the Regulations will not in any way affect the acquired rights of Customers / Customers who are consumers before the amendments come into force. , in particular amendments to the Regulations shall not affect already placed or placed Orders and concluded, implemented or executed Sales Agreements.
- In matters not covered by these Regulations, generally applicable provisions of Polish law, in particular: the Civil Code; the Act on Electronic Services of July 18, 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); for Sale Agreements concluded until 24 December 2014 with customers who are consumers - provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of 2 March 2000 (Journal of Laws 2000 No. 22, item 271 with d.) and the Act on special terms of consumer sales and amending the Civil Code of July 27, 2002 (Journal of Laws of 2002 No. 141, item 1176, as amended); for Sale Agreements concluded from December 25, 2014 with customers who are consumers - the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant generally applicable provisions.
Regulations of May 24, 2018.