Conditions of Use

This set of regulations is addressed to Consumers and defines the rules and procedure for concluding a Distance Sales Agreement with a consumer through the store.

 

§1. Definitions

  1. Regulations – this document. In terms of services provided electronically, these Regulations are the regulations referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
  2. Store – an online service available at https://prezentowaprzystan.pl, through which the Customer can purchase a Product.
  3. Seller - Bartosz Wójcik, conducting business under the name Bartosz Wójcik - HUBIGA, registered in the Central Registration and Information on Business (CEIDG) maintained by the minister responsible for economic affairs, NIP: 7282440497, REGON: 540303550, address: ul. Zwierzchów 27K, 97-400 Bełchatów, Poland.
  4. Store Page – any webpage or subpage under the address https://prezentowaprzystan.pl.
  5. Client (buyer) – a natural person who has completed at least 13 years of age, provided that if such a person has not reached 18 years of age, the consent of their legal representative is required, as well as a legal person and an organizational unit not being a legal person, to which specific provisions grant legal capacity, who places or intends to place an Order or uses other services of the Store (including Consumer).
  6. Subject of the transaction – Products listed and described on the Store's website. The Seller makes every effort to ensure that the offer presented on the pages is current. However, if some of the Ordered Products are not available, the Seller undertakes to inform the Buyer about the situation immediately by telephone or email.
  7. Product – an item, good, movable/service available in the Store, being the subject of the Sales Agreement between the Client and the Seller.
  8. Additional Service – a service provided by the Service Provider for the Client outside the Store in connection with the nature of the sold products.
  9. Sales Agreement – a sales agreement for Products within the meaning of the Civil Code, concluded between the Service Provider and the Client, using means of remote communication (including by telephone).
  10. Order – a declaration of intent by the Client made using the Order Form and directly aiming to conclude a Product Sales Agreement or Products with the Seller via the Store.
  11. Registration Form – a form available in the Store, enabling the creation of a User Account.
  12. Order Form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  13. Cart – an element of the Store's software, in which the Products selected by the Client for purchase are visible, and there is also a possibility to determine and modify the Order data, in particular the quantity of Products.
  14. User Account – an account in the Store, assigned to a given Client, containing data provided during registration.

 

§2. General Provisions

  1. A condition for placing an Order in the Store by the Buyer is to read these Regulations and accept its provisions.
  2. The Store conducts retail sales of Products free from physical and legal defects, which have been legally introduced into the Polish market.
  3. The Seller is not liable to the fullest extent permitted by law for disruptions including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or incompatibility of the Store with the technical infrastructure of the Client.
  4. Browsing the Store's assortment does not require creating an Account. Placing orders by the Client for Products in the Store's assortment is possible either after creating an Account or by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
  5. The prices in the Store are given in Polish zlotys and are gross prices. The price of the Product does not include shipping costs. The final amount to be paid consists of the price for the Product and the cost of delivery, which the Client is informed about on the site while placing the Order.
  6. The Seller reserves the right to refuse to execute an order under the sales agreement if the Customer's contact details are not true.

 

§3. Contact with the Store

  1. Seller's address: Poland Bełchatów 97-400, Zwierzchów 27K.
  2. Seller's email address: mail@prezentowaprzystan.pl.
  3. Seller's phone number: (+48) 799 103 842.
  4. Seller's bank account number 73 1090 2705 0000 0001 6047 9023.
  5. The Client can communicate with the Seller by phone from Monday to Friday between 09:00-17:00.

 

§4. Creating an Account in the Store

  1. To create an Account in the Store, you must fill out the Registration Form.
  2. Creating an Account in the Store is free.
  3. Logging in to the Account is done by entering the login and password established in the Registration Form.
  4. The Client has the possibility at any time, without giving a reason and without incurring any fees for this, to delete the Account by sending an appropriate request to the Seller, in particular via email or in writing to the address indicated in the General Provisions.

 

§5. Rules for Placing an Order

  1. Placing an order through the website involves prior logging into the Store or using the option of placing an Order without registration. If the option of placing an Order without registration is chosen, the Order Form must be completed by entering the recipient's data of the Order and the address to which the Product is to be delivered, selecting the type of shipment (method of delivering the Product), entering the invoice data, if they are different than the recipient's data of the Order.
  2. Orders placed through the website can be placed 24 hours a day, 7 days a week throughout the year. Orders placed by phone or email are only possible during the hours specified in these Regulations.
  3. An order is effective if the Buyer correctly completes the order form and correctly provides contact details including the exact address to which the Product is to be sent, and the phone number and email address. If the data provided is incomplete, the Seller will contact the Buyer. If contact with the Buyer is not possible, the Seller has the right to cancel the Order.
  4. The Buyer consents to the issuance and electronic transmission, to the email address provided by them, of an electronic image of billing documents, in particular such as: invoices with attachments, correcting invoices with attachments, and forms. This consent also entitles the Seller to issue and send invoices in electronic form, in accordance with the regulation of the Minister of Finance dated December 17, 2010, on sending invoices in electronic form, the principles of their storage, and the method of making them available to the tax authority or tax inspection authority.
  5. During placing the Order, the Buyer may consent to the inclusion of personal data in the Seller's Store database for their processing in connection with the execution of the Order. In the event of giving consent, the Buyer has the right to access their data, correct them, and request their removal.
  6. After the Client places an effective order, they will receive an automatic response from the store confirming the acceptance of the order.

 

§6. Order Fulfillment and Deadlines

  1. The Seller is obliged to deliver the Product without defects.
  2. The order fulfillment time usually ranges from 1 to 5 working days from crediting the payment for the ordered Products to the Seller's account (or, in the case of payment by credit card, from the moment of obtaining a positive payment authorization). In exceptional situations, the order fulfillment time may be up to 10 working days.
  3. In the situation where, within one order, the Buyer purchased Products with different fulfillment times, the order will be executed within the period appropriate for the Product with the longest term, unless otherwise indicated in the description of a given product.
  4. The Store does not conduct regular stationary sales.
  5. The Client is obliged to make the payment within 3 working days from the day of purchase.
  6. In case of the need to refund the transaction made by the client, the Seller will refund to the same payment instrument used by the Client for payment.

 

§7. Offered Delivery and Payment Methods

  1. The Client bears the costs of delivering the ordered products to the destination.
  2. The Client can use the following delivery methods or pick up the ordered Product:
    1. courier shipment,
    2. parcel locker shipment.
  3. The Client can use the following payment methods:
    1. payment through an external payment provider (AutoPay, Stripe),
      Available payment methods:
      Payment cards:
      *Visa
      *Visa Electron
      *Mastercard
      *Mastercard Electronic
      *Maestro
      The entity providing online payment services is Autopay S.A.
    2. payment by transfer to the Seller's account.
  4. A named proof of purchase or invoice is issued for each sold Product.

 

§8. Receiving the Delivery

  1. Before accepting a package from the courier, check if the packaging has been damaged in transport. In particular, pay attention to the condition of the tapes stuck on the package.
  2. If the packaging shows signs of damage, do not accept the package and, in the presence of the courier, draw up a damage report and contact the Seller as soon as possible.
  3. Failure to identify irregularities in the quantitative or qualitative condition of the package upon receipt may negatively affect the outcome of the Customer's claims for damage or theft of the package in transit.

 

§9. Withdrawal from the Agreement

  1. A client who has entered into a distance contract has the right to withdraw from the agreement without giving any reason by submitting an appropriate written statement. The deadline for withdrawing from the agreement expires after 30 days (legal basis: Article 7(1) of the Act of March 2, 2000, on the protection of certain consumer rights and on liability for damage caused by a dangerous product, Journal of Laws No. 22, item 271, as amended). This deadline is final and is counted from the day the item is issued. To maintain this deadline, it is sufficient to send the statement before its expiration. The indicated right applies to consumer sales and thus applies exclusively to sales to a natural person who makes a purchase for purposes not related to professional or business activities.
  2. The product returned in this manner will only be accepted if it is sent back fully complete, the product itself is undamaged and does not show signs of use.
  3. The returned product should be sent at the customer's expense to the address of the seller's headquarters. We do not accept parcels sent cash on delivery.
  4. The statement can be sent via traditional post to the seller's address or electronically. If the statement is sent electronically by the client, the seller will immediately send a confirmation of receipt of the statement of withdrawal from the agreement to the email address provided by the client.
  5. Within 7 business days of receiving the product along with the statement of withdrawal from the contract, the store will inspect the product. If the product meets the requirements listed in point 2 of this paragraph, a refund will be made to the client's specified account.
  6. The right of withdrawal from the contract does not apply according to Article 38 of the Act of May 30, 2014, on consumer rights in relation to a contract in which the subject of the performance is a non-prefabricated item, made according to the consumer's specifications, personalized, for example by placing an inscription on the product, or serving to satisfy his individualized needs.

 

§10. Complaint and Warranty

  1. The Sales Agreement covers new products free from defects.
  2. In case of a defect in a product purchased from the Seller, the client has the right to complain based on the provisions regarding warranty in the Civil Code.
  3. The complaint should be reported in writing or electronically to the addresses of the Seller provided in this Regulation.
  4. It is recommended that the complaint includes, among others, a concise description of the defect, circumstances (including the date) of its occurrence, the client's details submitting the complaint, and the client's demand in connection with the product's defect – this will facilitate and speed up the consideration of the complaint by the Seller. The requirements stated in the previous sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  5. In the case of detecting a defect in the advertised product, you have the right to:
    1. demand the replacement of the item with one free from defects,
    2. demand the removal of the defect,
    3. submit a statement of demand for a price reduction,
    4. submit a statement of withdrawal from the contract, but not when the defect is insignificant.
  6. The seller will respond to the client's complaint immediately, no later than within 14 calendar days from the day of its submission. The seller's failure to respond within the above-mentioned period means that the seller has recognized the complaint as justified.
  7. Products returned as part of the complaint procedure should be sent to the Seller's address, who will receive the product from the Client at his own cost.

 

§11. Personal Data in the Store

  1. The administrator of personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller - including other purposes and bases of data processing, as well as recipients of data - can be found in the Privacy Policy available - due to the principle of transparency, included in the general regulation of the European Parliament and of the Council (EU) on data protection - "GDPR".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is: the sales agreement or actions taken at the Buyer's request, aimed at its conclusion (Article 6, paragraph 1, letter b of the GDPR), the Seller's legal obligation related to accounting (Article 6, paragraph 1, letter c) and the Seller's legitimate interest in processing data for the purpose of determining, pursuing or defending potential claims (Article 6, paragraph 1, letter f of the GDPR).

 

§12. Final Provisions

  1. The Seller reserves the right to change these Regulations due to changes in applicable law or changes in the way of concluding and implementing contracts.
  2. These changes will not affect placed, executed, or completed orders and contracts.
  3. In matters not regulated by these Regulations, the provisions of generally applicable law shall apply, in particular the Act of April 23, 1964, Civil Code, and the Act of May 30, 2014, on consumer rights.
  4. The law applicable to the sales contract is Polish law unless the law applicable to the consumer's place of residence regulates his rights in a way more favorable to the consumer.