The terms used in the Regulations mean:
1. Customer - a natural person, legal person or an organizational unit that is not a legal person, to whom specific provisions grant legal capacity, who orders Goods on the Website, not directly related to their business or professional activity.
2. Regulations - these Rules and Regulations for the provision of electronic services as part of the Website.
3. Website - a website available at www.prostaceramika.pl, through which the User can place Orders, run by the Owner.
4. Goods – goods/items offered to the Customer on the Website.
5. Cart - an element of the Website's software that allows the User to place an Order within the Store, view the data contained in the Cart and modify them.
6. User - a natural person, a legal person or an organizational unit that is not a legal person, whose specific provisions grant legal capacity, who uses the Website. The User who places an Order acquires the status of a Customer.
7. Civil Code - the Civil Code Act of April 23, 1964. (i.e. Journal of Laws of 2019, item 1145, as amended).
8. Consumer Rights Act - Consumer Rights Act of June 24, 2014. (i.e. Journal of Laws of 2020, item 287, as amended).
9. Act on the provision of electronic services - Act of July 18, 2002. on the provision of electronic services (i.e. Journal of Laws of 2020, item 344, as amended).
10. Store Owner/Owner – Prosta Ceramika Marta Żebrowska, ul. Seleny 2A, 80-299 Gdańsk, NIP 5842284992, conducting business activity consisting in the sale of the Goods in the Store, which, under the Contract concluded with the Customer via the Website, undertakes to fulfill the Order.
11. Order - voluntary declaration of will of the Customer, aiming at concluding a distance sales contract of goods using the functionality of the Website, clearly specifying in particular the type and quantity of goods and other information required by the Store Owner. The order may only concern the goods offered by the Store Owner indicated on the Website.
12. Consumer - a consumer within the meaning of the Civil Code.
II. General provisions
1. These Regulations define the rules for using the Website.
2. These Regulations constitute the regulations referred to in art. 8 of the Act on the provision of electronic services.
3. The Website is run by the Owner.
4. All graphic elements, technical solutions and other elements of the Website, in particular the HTML and XHTML code, CSS sheets, JavaScript scripts and multimedia links are subject to legal protection in terms of copyright of the Owner.
5. The User has no right to copy or record elements or the entirety of the Website and its elements in any way and in any form.
6. These Regulations specify in particular:
7. Minimum hardware requirements enabling the use of the Website:
8. Users can access these Regulations at any time via the link on the main page of the Website, download it and print it out.
9. The information about the Goods provided on the Website, in particular the descriptions, parameters, photos and prices, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Civil Code, however, they do not constitute an offer within the meaning of Art. 66 § 1 of the Civil Code.
10. Information about the Goods available in the Store is posted by the Store Owner, who is also responsible for the content posted by him regarding the Goods, including any errors or inaccuracies.
11. The Store Owner is entitled to change the offer of Goods, including their withdrawal, or price change, without prior notice. Withdrawal of the Goods from the offer or change of prices does not apply to Orders accepted for execution.
12. The Owner makes every effort to ensure that Users are able to use all the functionalities of the Website 24 hours a day, but reserves the right to temporarily suspend the functioning of some or all functionalities of the Website in order to carry out its maintenance, updates or repairs.
III. Terms of use of the Website
1. Users can use the functionality of the Website after providing all the data necessary to complete the Order in accordance with the form available on the Website and after confirming that they have read the content of these Regulations and the Privacy Policy by checking the appropriate boxes. The data provided by the Customer must be correct in terms of content. It is forbidden to use data that does not belong to the User or false data.
2. Services indicated in par. 1 above (enabling the submission of Orders) the Owner provides free of charge to the Users.
3. The Owner may deprive the User of the right to use the Website with immediate effect if the User violates the Regulations, and in particular when the User:
4. The User using the Website is obliged in particular to:
IV. Order submission procedure
1. In order to place an Order one shall go to the Website and select the goods offered by the Store Owner, adding them to the Cart and taking further technical steps based on the displayed messages and information available on the Website, and then complete the data indicated in the form enabling contact and shipment of goods.
2. During the ordering procedure - until the "Order" button is pressed, the User has the option of modifying the entered data and in the selection of Products and their quantity. To do this, follow the displayed messages and information available on the Website.
3. After the User provides all the necessary data, a summary of the placed Order will be displayed.
4. In order to place an Order, it is necessary for the User to provide data, including personal data, enabling contact and shipment of goods. The data necessary to place an Order are: name and surname, telephone number, e-mail address, delivery address.
5. The order will be processed provided that the goods free of defects are available in stock. In the event of unavailability of some of the goods covered by the Order, the Customer is informed about this fact and decides on how to execute the Order (partial execution or cancellation of the entire Order).
6. The moment of concluding the sales contract of goods is sending to the e-mail address provided by the Customer confirmation of acceptance of the Order for execution.
7. The Store Owner is entitled to contact the Customer via e-mail or by phone in order to confirm the Order or clarify ambiguities, and, if the Customer agrees, to obtain opinions on the services provided and the quality of the goods and Customer satisfaction. Inability to contact the Customer to confirm the Order or failure to clarify doubts entitles the Owner to withdraw from the contract.
V. Order Execution
1. The condition for the execution of the Order is the payment for the Order.
2. The delivery of the goods takes place to the address indicated by the Customer when placing the Order.
3. The cost of delivery of the Ordered goods is charged to the Customer and, depending on the size of the Order and the form of delivery, is PLN 19 for each package weighing up to 10 kg. The Store Owner reserves the right to introduce temporary or permanent promotions regarding the cost of delivery. The details of the promotion will be available each time on the Website.
4. The Store Owner may order the delivery of goods to third parties.
5. By placing the Order, the Customer undertakes to be present to collect the Order at the place and time specified in the Order.
6. The Goods may be delivered directly to the Customer or a person residing at the address indicated in the Order.
7. The Store Owner is not responsible for any difficulties in the delivery of the goods that are attributable to the Customer.
8. If the goods are not delivered due to the Customer's fault, the Store Owner will contact the Customer using the information provided at the time of placing the Order. The goods can be resent, but the Customer must be prepared to incur additional delivery costs.
9. The third party's employees are responsible for the delivery carried out by the third party. In the case of deliveries by a third party, the terms and conditions of that entity apply.
VI. Prices and Payment Methods
1. The prices of individual goods are given in Polish zlotys and are gross prices, i.e. they include all components, including VAT in the amount resulting from applicable regulations.
2. The Customer makes the payment by selecting one of the methods specified on the Website when placing the Order.
3. When placing the Order, the Customer selects the form of delivery by accepting the valuation of delivery costs.
4. The final price of the Order includes the cost of the selected goods and the cost of delivery.
5. The time of the Order or Reservation is counted from the moment of obtaining the Customer's positive payment authorization.
6. The Customer can choose the following payment methods:
7. If it is necessary to return the funds previously paid by the Customer, the Store Owner shall reimburse the payment using the same means of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him.
8. The Store Owner may organize promotions or competitions for Customers. The rules of promotions or competitions will be governed by separate regulations.
9. The Store Owner may issue an invoice at the Customer's request. The invoice is delivered to the Customer together with the goods or sent to the e-mail address indicated by the Customer. The Customer must inform the Store Owner about his wish to receive an invoice when placing the Order by checking and completing the appropriate fields.
VII. Right to withdraw from the contract
1. The right to withdraw from a distance contract is granted to the Consumer and a natural person conducting business activity, for whom, however, the contract concluded in this way is not of a professional nature resulting in particular from the subject of business activity performed by that person. Customers mentioned in the previous sentence have the right to withdraw from a distance contract within 14 days from the date of its conclusion. The provisions of this Chapter VII apply only to the persons mentioned in this paragraph.
2. The right of the Customers indicated in paragraph 1, subject to the remaining provisions of the Regulations, concerns the right to withdraw from the sales contract concluded with the Store Owner in connection with the execution of the Order.
3. The Customers indicated in par. 1 do not have the right to withdraw from the sales contract concluded as part of the execution of the Order in relation to, among others, contracts:
7. The Customer has the right to submit a statement of withdrawal from the contract concluded under the Order within 14 days without giving any reason. The rules of withdrawal and the model withdrawal form, which the Customer may use (but does not have to), constitute an appendix to these Regulations.
8. The direct costs of returning the goods in the event of submitting a declaration of withdrawal shall be borne by the Customer who submitted such a declaration. If, due to the nature of the goods, they cannot be sent by regular mail, the costs of returning the goods to which the Customer is obliged may include the costs of courier services, if this form of returning the goods is used, or the costs of the Customer's travel to the Store Owner, in the case of personal return of the goods.
VIII. Complaints
1. All complaints related to the performance of the contract for the provision of Website services should be sent to the Owner’s Complaints Department using the e-mail address: kontakt@prostaceramika.pl.
2. Any complaints related to the execution of the Order by the Store Owner can be directed to the address of the Owner's Complaints Department using the e-mail address: kontakt@prostaceramika.pl.
3. The Store Owner is obliged to provide the Customer with all ordered goods free from defects.
4. Upon receipt of the ordered goods, the Customer is asked to check the shipment.
5. Any visible damage should be immediately reported to the carrier and the Owner's Complaints Department should be contacted. If the carrier refuses to sign the report, do not accept or acknowledge the shipment and immediately contact the Owner's Complaints Department. Failure to perform the above procedure, however, does not deprive rights or claims on general terms.
6. In the event of non-compliance of the delivery with the placed Order, the Customer should immediately contact the Owner's Complaints Department. In this situation, the Customer may demand replacement of the goods, reduction of the price or withdrawal from the contract.
7. Each complaint will be considered within 14 calendar days.
8. The Store Owner is not responsible for the quality and condition of the goods if they have deteriorated after delivery to the Customer and for reasons attributable to the Customer (e.g. when the Customer used the goods in an improper way).
9. If the Consumer submits a complaint, when the complaint is not accepted or the Consumer does not agree to settle the complaint in the proposed manner, he has the option of taking the matter to court or using out-of-court dispute resolution and redress.
10. The use of extrajudicial means of dealing with complaints and pursuing claims is voluntary and may only take place if both parties to the dispute agree to it. In particular, the consumer may turn to the district (municipal) consumer advocate or social organization whose tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers), may submit a request for dispute resolution to a permanent consumer arbitration court or submit a request on out-of-court settlement of the dispute to the Provincial Inspector of the Trade Inspection.
IX. Personal data
The rules for the processing of personal data as part of the Website are contained in the Privacy Policy available at www.prostaceramika.pl/privacy-policy. The Privacy Policy is an integral part of these Regulations.
X. Final Provision
1. The court competent to settle disputes arising from the use of these Regulations is the court competent for the registered office of the Owner. The above reservation does not apply to Customers who are Consumers and Customers who are natural persons conducting business activity, for which, however, the distance contract does not have a professional nature resulting in particular from the subject of business activity performed by these persons. In this case, the provisions on properties resulting from the applicable law apply.
2. In matters not covered by these Regulations, the relevant provisions of Polish law shall apply.
3. These Regulations apply from November 2, 2022
4. The owner may make changes to the Regulations for important reasons. Changes may be dictated by changes in the technological, legal, economic or organizational aspects of the Owner's business, as well as changes in the structure or content of the Website or the Owner's offer. Any changes to the Regulations will be communicated to the Users on the Website and will become effective within 14 days from the date of notification of the Users about the changes, including by publishing the Regulations in new content on the Website, with notification of the content of the changes.
5. Amendments to the Regulations do not affect the execution of submitted and accepted Orders.
6. The Owner is not responsible for failure to deliver e-mails to the address indicated by the Customer, if this is caused by blocking or deleting messages by the software installed on the Customer's computer or by administrators of mail servers or external factors (e.g. failure).
Appendix to the Regulations
Instruction on the possibility of withdrawing from a distance contract.
Consumers and Customers who are natural persons conducting business activity, for whom the distance contract concluded, however, is not of a professional nature resulting in particular from the subject of business activity performed by these persons, have the statutory right to withdraw from the distance contract. Such customers may withdraw from them within 14 days of concluding the contract for placing the Order without giving any reason.
To do this, please send the relevant information to the email address: kontakt@prostaceramika.pl. You can also use the model withdrawal form provided below.
ATTENTION!
The Customer is not entitled to withdraw from the contract if the conditions excluding this right are met, which are described in detail in the Regulations.
In the event of withdrawal, the Store Owner returns all payments received, including delivery costs (except for additional costs resulting from the delivery method chosen by the Customer other than the cheapest standard delivery method offered by the Website), immediately, and in any case not later than 14 days from the date in which the Owner will be informed about the decision to exercise the right to withdraw from the contract. The Owner will refund the payment using the same payment methods that were used in the original transaction, unless the Customer expressly agrees to a different solution. In the event of receipt of the goods, the Customer is obliged to return them no later than within 14 days from the date of withdrawal. To meet the deadline, it is enough to send the goods back intact, without signs of use or damage before its expiry. The costs of returning the goods and packaging are borne by the Customer. The Owner may withhold the reimbursement until receipt of the goods or until proof of their return is provided.
MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
_______________, address: ___________________________________________________ I_________________________________ hereby inform about my withdrawal from the contract of sale of ____________________________________________________________
Date of conclusion of the contract/receipt of the goods: _____________________________ First name and last name______________________________________________________