TERMS AND CONDITIONS FOR THE ONLINE STORE 127RG.COM
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
- The Regulations define the terms and conditions for the provision of electronic services, including the use of the Store, and the rights, obligations and conditions of liability of the Seller and the Customer. The Regulations also contain information to which the Seller is obliged to deliver to the Consumer in accordance with applicable regulations, including the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2017.683 i.e., as amended).
- Every customer should be familiar with the Regulations.
- The Regulations are available on the Store’s website and are available free of charge before the conclusion of the contract. At the Customer’s request, the Regulations are also made available in such a way that it is possible to obtain, reproduce and record its content using the telecommunications system used by the Customer (e.g. by e-mail).
- Basic definitions:
1) Regulations: Regulations of the Online Store;
2) Seller or Service Provider: FINTECH Jarosław Kozioł, st. Żeromskiego 27, 05-075 Warsaw, operating a business under VAT PL9522109901 REGON 365048640.
3) Client or Service Recipient: a natural person who is over 18 years of age and has full legal capacity, legal person and an organizational unit without legal personality, but who may acquire rights and incur liabilities that will establish a legal relationship with the Seller in the range of Store operations. The Client is also a Consumer, if there are no separate provisions in relation to the Consumer in a given matter;
4) Consumer: A Client who is a natural person making a legal transaction (purchase) with the Seller, not directly related to its business or professional activity;
5) Electronic Service – a service within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2017.1219 i.e. as amended), provided electronically by the Service Provider to the Customer via the Website;
6) Shop or Online Shop, or Website: Electronic Service, Online Store, maintained by the Seller at the Internet address http://127rg.com, under which the Customer concludes a distance sale contract, the parties are informed about the sale via electronic mail generated automatically, and the performance of the contract (in particular the delivery of the Goods) takes place outside the Internet;
7) Account – Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Service Provider’s IT system, which collects data provided by the Customer and information about activities within the Shop;
8) Good or Product – goods sold in the Store, included in the Seller’s offer;
9) Contract – a distance contract regarding the purchase of the Goods, concluded as a result of the Customer placing an Order in the Store and its acceptance by the Seller;
10) Form – a script representing the means of electronic communication that allows placing an Order in the Store or other activities in the Store;
11) Order – instruction to purchase the Goods submitted by the Customer using technical communication means;
12) Newsletter – Electronic Service, electronic distribution service provided by the Service Provider via electronic mail (e-mail), which enables all customers using it to automatically receive cyclical messages from the Service Provider (newsletter), containing information about the Website, including new products or promotions in the Store.
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
- Seller’s data for contact with the Client:
FINTECH Jarosław Kozioł
tel.: +48 697 400 610
- The Seller offers the following types of Electronic Services:
1) Online shop,
- The Seller provides Electronic Services in accordance with the Regulations.
- The technical condition for using the Store, is that the Customer has a computer or other devices that allow browsing the Internet, appropriate software (including a web browser), Internet access and an up-to-date and active e-mail account.
- The Client is prohibited from providing unlawful content.
- Using the Store may be associated with the risks typical for Internet use, such as spam, viruses, and hacker attacks. The seller takes action to counteract these threats. The Seller indicates that the public nature of the Internet and the use of services provided electronically may involve the threat of obtaining or modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above threats, including antivirus and identity protection programs using the Internet networks.
- Conclusion of the contract for the provision of Electronic Services takes place via the Store via the Internet. The Client may terminate the use of Electronic Services at any time by leaving the Store or by deleting the Customer’s account. In this case, the contract for the provision of Electronic Services is automatically terminated without the need to submit additional statements between the parties.
- It is not possible to use the Store anonymously or using a nickname.
CHAPTER 3. PERSONAL DATA
- The Seller provides the personal data provided by the Customer in accordance with applicable law, in particular:
1) The Seller shall use its best efforts to protect the interests of the data subjects, this includes, ensuring that such data is:
a) processed in accordance with the law;
b) gathered for specified, legitimate purposes and not be subjected to further processing incompatible with these purposes;
c) factually correct and adequate in relation to the purposes for which they are processed,
d) stored in a form enabling the identification of persons to whom they relate, no longer than it is necessary to achieve the purpose of processing.
2) The Seller uses appropriate technical and organizational measures ensuring the protection of personal data processed, appropriate to the threats and categories of data protected.
- The basis for the processing of personal data is the consent of the clients themselves or a statutory authorization to process personal data, as per the Personal Data Protection Act of 29 August 1997 (Journal of Laws 2016.922 as amended) and the Act of 18 July 2002 on the provision of personal data services electronically (Journal of Laws 2017.1219, i.e. amended).
- The Clients have the right to withdraw their consent regarding the processing of personal data. Clients have the right to control the processing of data, including their supplementation, updating, straightening and deletion on the terms resulting from the above-mentioned regulations.
- The Seller ensures that the Customers’ personal data will not be made available to any unauthorized entities. Customers’ personal data may be transferred to entities authorized to receive them under applicable law, including competent authorities.
- Customers’ personal data may be entrusted to third parties for purposes related to the implementation of the contract concluded with the client. The Seller indicates that he entrusted the processing of personal data to the following entities: Green Logistics Polska sp. z o.o.- providing warehouse and logistics services.
CHAPTER 4. ADDITIONAL INFORMATION
- Account registration on the Store website is free and requires the following activities: The customer should complete the registration form providing specific data and submitting statements regarding the acceptance of the Regulations, processing personal data, and providing commercial information. The Customer’s e-mail address provided by him in the Account registration process will be sent a link enabling verification of the Account. Logging in to the Account consists in entering the login and password set by the Customer. The password is confidential and should not be shared with anyone.
- The Account allows the Customer to enter or modify the data, perform or check Orders and view Order history.
- The Electronic Account service is provided free of charge for an indefinite period of time.
- The Customer may at any time cancel the Account in the Store by sending a relevant request to the Seller Back electronically to the e-mail address: firstname.lastname@example.org or via letter to address:
FINTECH Jarosław Kozioł
- The Newsletter service aims to provide the customer with the ordered information.
- The use of the Newsletter does not require the Account to be registered by the Customer, but requires an e-mail address and statements regarding the acceptance of the Regulations, the processing of personal data, the transmission of commercial information.
- A link confirming the subscription to the Newsletter will be sent to the Customer’s email address.
- The Electronic Newsletter service is provided free of charge for an indefinite period of time.
- The Customer may at any time resign from the Newsletter by sending a relevant request to the Seller by e-mail: email@example.com or via letter to address:
FINTECH Jarosław Kozioł
CHAPTER 5. SALE
- All Products offered in the store are new and have no defects.
- A detailed description of the Product can be found on the Store’s website.
- A guarantee or after-sales service may be provided for the Products. Detailed information in this regard can be found in the description of the Product.
2. Orders and their implementation
- The order may be placed by completing the Form available in the Store.
- Orders can be placed after registering an Account in the Store or without registering an Account in the Store (guest purchases).
- The Customer is obliged to carefully fill in the Form, providing all data in accordance with the actual state of affairs and specifying the chosen method of payment and delivery.
- The Customer provides data in the Form and makes statements regarding the acceptance of the Regulations, the processing of personal data, the forwarding of commercial information.
- Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed the next business day.
- The confirmation of placing the Order is made by the Customer by clicking the button (box) marked “buy and pay”. The Seller will send the Customer an order confirmation email to the Customer’s e-mail address.
- Delivery time (i.e. until the date of dispatch of the Products) is up to 7 business days.
- All prices of Products in the Store are gross prices in Polish zloty and/or Euros (prices include VAT). The price of the Goods does not include the costs referred to in point 2 below. The price of the Products given when the Customer places an Order is binding for both parties.
- The costs related to the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs shall be paid by the Customer. The amount of these costs may depend on the Client’s choice as to the method of delivery of the Goods. Information on the amount of these costs is provided at the stage of placing the Order.
- The Customer can select the form of payment:
- direct bank transfer;
- payment via the Przelewy24 payment system (PayPro stock-offering company) – payment before sending the Goods (prepayment). After placing the order, the customer should make payment through the Przelewy24 system. The Order is processed after the Customer’s payment is credited to the Przelewy24 payment system;
- payment via PayPal – payment before sending the Goods (prepayment). After placing the order, the customer should pay via PayPal. The Order is processed after the Customer’s payment is credited to the PayPal payment system;
- For each product sold, the Store issues a proof of purchase and delivers it to the Customer, if the provisions of applicable law require the delivery.
- For each product sold, the Store issues the proof of purchase. The Customer is obliged to pay within 1 day from the date of the contract of sale. If the Customer fails to make payment within this period, then – in accordance with art. 491 § 1 of the Civil Code (Journal of Laws 2017.459 i.e. as amended) – the Seller will set an additional deadline for payment by the Customer, after which he will be entitled to withdraw from the contract in the event of ineffective expiration. If the Customer declares that the services will not be fulfilled, the Seller may withdraw from the contract without setting an additional deadline, also before the specified date of the purchase fulfillment arrives and delivers it to the Customer, if the provisions of the generally applicable law require delivery.
- The product is sent to the address indicated by the Customer in the Form, unless the Parties agree otherwise.
- The product is delivered by courier. The package sent via the courier company should be delivered within 3 to 5 business days from the date of dispatch of the Goods.
- The customer has no personal collection options.
- Along with the Goods, the Seller issues to the Customer all elements of its equipment, as well, as instructions for the use, maintenance and other documents required by the provisions of generally applicable law.
- The Seller indicates that:
1) once the Goods are delivered to the Customer or the carrier, the benefits and burdens associated with the Goods and the risk of accidental loss or damage to the Goods pass to the Client. When selling to the Consumer, the risk of accidental loss or damage to the Product passes to the Consumer as soon as the Goods are released to the Consumer. For the issue of the Goods, it is considered its entrusting by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer,
2) acceptance of the delivery of the Goods by the Customer without any objections shall result in the expiration of claims for loss or damage in transport, unless:
- a) the damage was confirmed by protocol before accepting the parcel;
- b) such a statement was dropped due to the fault of the carrier;
- c) the loss or damage resulted from the intentional fault or insupportable negligence of the carrier;
- d) damage was not noticeable from the outside, the claimant stated after accepting the shipment and within 7 days demanded to determine its condition and proved that the damage occurred in the time between the acceptance of the shipment for transport and its release.
5. Additional information for the Consumer
- The contract is not concluded for an indefinite period and will not be subject to automatic extension.
- The minimum duration of the Consumer’s obligations under the Agreement is the duration of the Contract, i.e. the payment and receipt of the Goods.
- The use of the Store by the Consumer is not connected with the obligation to deposit or provide other financial guarantees.
- The Seller is not obliged and does not apply the code of good practice referred to in art. 2 point 5 of the Act of August 23, 2007 on Counteracting Unfair Market Practices (Journal of Laws 2016.3 as amended).
CHAPTER 6. LIABILITY
- Liability under the warranty is excluded in legal relations with the Customers.
- The Seller is liable to the Consumer if the Product has a physical or legal defect (warranty) under the terms of the Civil Code (Journal of Laws 2017.459, i.e. as amended) and in the Act of 30 May 2014 on Consumer Rights (Journal of Laws 2017.683 i.e. as amended, Including on the following terms:
1) physical defect consists in the non-compliance of the Goods with the contract. In particular, the product is not compatible with the contract if:
a) Goods do not have properties, that this kind of thing should have, because of the purpose in the contract marked or resulting from the circumstances or destination;
b) The Good does not have properties, that the Seller has provided for the Consumer;
c) The Good is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such an allocation;
d) The Good was released to the Consumer in an incomplete state.
2) The Goods have a legal defect, if the Good is owned by a third party or if it is encumbered with the right of a third party, and if the restriction in the use or disposal of the Goods results from a decision or decision of the competent authority; if the right is sold, the Seller is also responsible for the existence of the law;
3) The Seller is liable under the warranty for physical defects that existed at the time the danger passed on to the Consumer or resulted from a reason inherent in the Good at the same time.
4) The seller is exempt from liability under the warranty if the Consumer knew about the defect at the time the contract was concluded;
5) if the physical defect was found within one year from the date of the release of the Goods, it is presumed that the defect or its cause existed at the time when the danger passed on to the Consumer;
6) The Seller is liable under the warranty if the physical defect is found before the expiration of two years from the date of the release of the Goods to the consumer, and if the Good purchased by the Consumer is used as a movable item, The Seller is liable under the warranty if the physical defect is found before the lapse of one year from the date of release of the Goods;
7) Consumer’s rights under the statutory warranty:
a) a request to reduce the price of the Goods or to withdraw from the contract, unless the Seller immediately and without excessive inconvenience for the Consumer exchanges the defective item for one free from defects or will remove the defect;
b) The Consumer may instead of replacing the defect proposed by the Seller, to demand the replacement of the Product free from defects, or instead of replacing things, demand removal of the defect, unless bringing the thing to compliance with the contract in a manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the item free of defects is taken into account, the type and significance of the defect found, and also the inconvenience to which the Consumer would otherwise expose the satisfaction;
8) The Consumer who performs the rights under the warranty is obliged, at the expense of the Seller, to deliver the defective item to the place marked in the contract, and when such a place is not specified in the contract – to the place where the item was issued to him.
CHAPTER 7. COMPLAINT HANDLING PROCEDURES
- The Customer should send the Complaints to the Seller in writing at the e-mail address firstname.lastname@example.org.
- In the case of finding that the shipment with the Goods is violated, suffered a loss or damage, the Customer should immediately (no later than within 7 days from the date of receipt of the shipment) file a complaint to the Seller. Such action will allow you to claim against the carrier. This is not a condition for considering the complaint.
- The Complaint should contain a detailed description of the problem and the Client’s request, possibly also photographic documentation.
- The Seller undertakes to consider the complaint within 30 days. If the Seller does not comment on the Consumer’s complaint within 14 days, it is considered that he considered it justified.
- If the complaint is recognized, the Seller will take appropriate action.
- There is a possibility of using extrajudicial means of dealing with complaints and pursuing claims in legal relations with Consumers, including:
1) the option of resolving disputes electronically via the ODR platform (online dispute resolution), available at http://ec.europa.eu/consumers/odr/;
2) the possibility of conducting amicable proceedings before a common court or arbitral tribunal or other authorities;
3) the possibility of conducting mediation proceedings with the participation of an independent mediator.
- Please make all returns to address:
Fintech Jarosław Kozioł
1 Sierpnia 28/37
CHAPTER 8. WITHDRAWAL FROM THE CONTRACT
- The withdrawal from the Contract by the Seller or the Customer may take place on the terms set out in the provisions of the Civil Code (Journal of Laws 2017.459 i.e., as amended).
- The Consumer has the right to withdraw from the Contract within 14 days from the date of receipt of the Goods.
- Information on withdrawal from the Contract by the Consumer is included in the instruction on the right of withdrawal, available on the Store’s website.
- The right to withdraw from the Contract is not entitled to the Consumer in relation to some contracts, i.e.:
1) for the provision of services, if the Seller has fully provided the service with the express consent of the Consumer who has been informed before the provision begins that after fulfilling the provision by the Seller, he will lose the right to withdraw from the Contract;
2) in which the price or remuneration depends on fluctuations in the financial market, over which the Seller does not practice control, and which may occur before the deadline for withdrawal from the Contract;
3) in which the Good is a non-prefabricated item, produced according to the Consumer’s specification or serving to satisfy its individualized needs;
4) in which the Good is subject to rapid deterioration or expire rapidly;
5) in which the Good is delivered in a sealed package, which after opening the packaging cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
6) in which the Goods are things that after delivery, due to their nature, are inseparably connected with other things;
7) in which the Goods are alcoholic beverages, the price of which was agreed at the conclusion of the Contract, and delivery of which may take place only after 30 days and whose value depends on fluctuations in the market over which the Seller has no control;
8) in which the Consumer expressly demanded that the Seller should come to him for urgent repair or maintenance; if the Seller provides additional services other than those whose performance the Consumer has demanded, or supplies things other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the Contract is entitled to the Consumer with regard to additional services or items;
9) in which the goods are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;
10) for delivering newspapers, periodicals or magazines, with the exception of a subscription agreement;
11) concluded through a public auction;
12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of service;
13) for delivery of digital content that is not stored on a tangible medium, if the performance began 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 shall promptly, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him, including the cost of delivering the Goods. The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not entail any costs for him.
- If the Consumer has chosen the method of delivery of the item 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.
- The Consumer is obliged to return the Good with all the equipment, including packaging, if it constitutes a significant element of the Good. The Seller may refrain from returning the payment until receipt of the Goods or until the Seller provides proof of its return, depending on which event occurs first.
- The Consumer bears only the direct cost of returning the Goods, unless the Seller agreed to bear them or did not inform the Consumer about the necessity to incur these costs.
- The Consumer is liable for a decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
- In case of effective withdrawal from the Contract, the Contract is considered void.
- Please make all returns to address:
Fintech Jarosław Kozioł
1 Sierpnia 28/37
CHAPTER 9. INTELLECTUAL PROPERTY
- The rights to the Website and content contained therein belong to the Seller.
- The address of the website under which the Store is available, as well as the content of the website http://127rg.com are subject to copyright and are protected by copyright law and intellectual property law.
- All logos, proper names, graphic designs, films, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are registered trademarks and belong to the Seller, producer or distributor of the Goods. Downloading, copying, modifying, reproducing, transferring or distributing any content from the website http://127rg.com without the consent of the owner is prohibited.
CHAPTER 10. FINAL PROVISIONS
- In matters not covered by the Regulations in the legal relations with Customers or Consumers, the relevant provisions of the generally applicable law shall apply.
- Any deviations from the Regulations must be made in writing under pain of being declared null and void.
- The competent court to resolve the dispute between the Seller and the Customer will be the competent court for the Seller’s registered office. The competent court to resolve the dispute between the Seller and the Consumer will be the competent court according to general rules (the court of the defendant’s domicile) or another more convenient for the Consumer (according to Articles 31-37 of the Code of Civil Procedure).