Terms and conditions

2. ELECTRONIC SERVICES IN AN ONLINE SHOP

2.1. The following Electronic Services are available on the Online Store: Account, Order Form and Newsletter.
2.1.1. Account - use of the Account is possible after a total of three consecutive steps are performed by the Customer - (1)completing the Registration Form, (2) clicking on the "Create an account" field. In the Registration Form, it is necessary for the Customer to provide the following data of the Service Recipient: name and surname, e-mail address and password.
2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period of time. The Service Recipient has the option, at any time and without giving any reason, to remove the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to the address: 37 Białostocka Street, 07-200 Wyszków.
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. The Order is placed when the Customer completes a total of two consecutive steps - (1) completing the Order Form and (2) clicking the "Confirm Purchase" box on the Web Store page after completing the Order Form. - Up to this point, it is possible to modify the entered data on your own (for this purpose, you should be guided by the displayed messages and information available on the website of the Online Store). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house number/apartment, postal code, city, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of Product(s), method of payment. In the case of Customers who are not consumers it is also necessary to provide company name and Tax Identification Number.
2.1.2.1. The Electronic Order Form Service is provided free of charge and has a one-time nature and terminates at the moment of placing an Order through it or at the moment of earlier termination of placing an Order through it by the Customer.
2.1.3. Newsletter - using the Newsletter is possible after providing in the "Newsletter" tab visible on the website of the Online Store the e-mail address to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. It is also possible to subscribe to the Newsletter by checking the appropriate checkbox when placing an Order - the moment the Order is placed, the Customer is subscribed to the Newsletter.
2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period of time. The Customer has the possibility, at any time and without giving any reason, to unsubscribe from the Newsletter (Newsletter cancellation) by sending an appropriate request to the Service Provider, in particular via e-mail to: [email protected] or in writing to the address: 13/6 Krucza St., 00-548 Warsaw.

 

2.2. Technical requirements necessary for cooperation with the information and communication system used by the Service Provider:(1) computer, laptop or other multimedia device with access to the Internet; (2) access to electronic mail; (3) web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0. and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024x768; (5) enable in the web browser the ability to save cookies and Javascript support.
2.3. The Customer is obliged to use the Online Store in a manner consistent with the law and good morals with a view to respecting 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 facts. The Service Recipientis prohibited from providing unlawful content.
2.4 Complaintprocedure regarding Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Shop (excluding the Product complaint procedure, which is indicated in point. 6 of the Terms and Conditions), the Customer may submit:
2.4.1.1. in writing to the address : 124 Świętojańska Street, 07-200 Wyszków;
2 .4.1.2. in electronic form via e-mail to: [email protected].

5. THE COST, METHODS AND TIME OF DELIVERY AND RECEIPT OF THE PRODUCT

5.1. Delivery of the Product is available in the territory of the European Union.

5.2 . Delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer on the pages of the Online Shop in the information tab concerning delivery costs and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.

5.4. The Seller provides the Client with the following methods of delivery or collection of the Product:
5.4.1. Courier delivery

5.5. The term of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter term is specified in the description of the Product in question or when placing the Order. In the case of Products with different delivery terms, the delivery term is the longest term specified, which, however, cannot exceed 7 Business Days. The beginning of the term of delivery of the Product to the Customer is calculated as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment, payment card or deferred payment - from the date of crediting the Seller's bank account or settlement account.

6. PRODUCT COMPLAINT

6.1. The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (including Articles 556-576 of the Civil Code).

6.2. The Seller is obliged to provide the Customer with the Product without defects. Detailed information regarding the Seller's responsibility for a defect in the Product and the Customer's rights are specified on the website of the Online Store in the information tab regarding complaints.

6.3. A complaint may be submitted by the Customer:
6.3.1. In writing to the address: 124 Świętojańska St, 07-200 Wyszkow


6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request for the method of bringing the Product into conformity with the Sales Agreement or statement of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and accelerate the processing of the complaint by the Seller. The requirements specified in the preceding sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted with the omission of the recommended description of the complaint.

6.5. The Seller shall respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, who is a consumer, has demanded replacement of the item or removal of the defect, or has made a statement on price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this demand within 14 calendar days, it is considered that the Seller has recognized the demand as justified.
6.5.1 The Seller may refuse to accept the Consumer's complaint if the defect is insignificant, or is related to the nature of the material from which the product is made, and arises in connection with the use of the goods.

6.6. The Customer who exercises warranty rights is obliged to deliver the defective Product to the address: Świętojańska 124 Street, 07-200 Wyszków or to one of the Seller's stationary stores indicated at https://303avenue.pl/pl/sklepy. Both in the case of a Customer who is and is not a consumer, the cost of delivery of the advertised product shall be borne by the Customer.

7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at:https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, email: [email protected] or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.

7.3. The consumer has the following examples of out-of-court means of dealing with complaints and claims: (1) an application for dispute resolution to a permanent amicable consumer court(for more information, see: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to a provincial inspector of the Commercial Inspection (for more information, see the website of the inspector with jurisdiction over the Seller's place of business); and (3) the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers). Advice is provided, among other things, by e-mail at [email protected] and at the consumer hotline number 801 440 220 (hotline open on Business Days, from 8:00 a.m. to 6:00 p.m., call charge according to the operator's tariff).

7.4. At http://ec.europa.eu/consumers/odr, there is a platform for online dispute resolution between consumers and businesses at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and businesses seeking out-of-court resolution of disputes regarding contractual obligations arising from an online sales contract or service contract (for more information, visit the platform itself or the Office of Competition and Consumer Protection's website address: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

8. RIGHT OF WITHDRAWAL

8.1. A consumer who has entered into a remote contract may withdraw from it within 14 calendar days without stating a reason and without incurring costs, except for the costs specified in sec. 8.8 of the Regulations. To meet the deadline it is sufficient to send the statement before its expiration.

The declaration of withdrawal from the contract must be submitted in electronic form via email to: [email protected].

8.2. A sample withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in sec. 11 of the Terms and Conditions and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer may use the sample form included in the package with the order, but it is not mandatory.

8.3. The period for withdrawal from the contract begins:
8.3.1. for a contract in the performance of which the Seller delivers the Product, being obliged to transfer its ownership (e.g. Sales Contract) - from taking possession of the Product by the consumer or a third party indicated by him/her other than a carrier, and in the case of a contract that: (1) involves multiple Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) involves the regular delivery of Products for a fixed period - from taking possession of the first Product;
8.3.2. for other contracts - from the date of conclusion of the contract.

8.4. In the case of withdrawal from a contract concluded at a distance, the contract is considered not concluded.

8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not involve any costs for the consumer. If the Seller has not offered to collect the Product from the consumer itself, it may withhold reimbursement of payments received from the consumer until it receives the Product back or the consumer provides proof of its return, whichever event occurs first.

8.5.1 Returns sent COD or charged with additional fees that the Seller would have to pay will not be accepted. 

8.6. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to return the Product before its expiration. The Consumer may return the Product to the address: Świętojańska 124 Street
07-200 Wyszków or at one of the Seller's stationary stores indicated at https://303avenue.pl/pl/sklepy.

8.6.1The Consumershall be liable for any decrease in the value of the Product resulting from the use of the Product beyond what is necessary to ascertain the nature, characteristics and functioning of the Product.
8.6.1The return of the Product shall be considered effective if the Product has intact tags. Returned Products should have all original tags intact. The Seller has the right to refuse to accept the return of the goods or to reduce their value if the product bears traces of use.

  
8.7. Possible costs associated with withdrawal by the consumer from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery available in the Online Store, the Seller shall not be obliged to reimburse the consumer for the additional costs incurred by him.
8.8.2. The consumer shall bear the direct costs of return.
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the expiration of the deadline for withdrawal from the contract, the consumer who exercises the right of withdrawal after making such a request, is obliged to pay for the services performed until the withdrawal from the contract. The amount of payment shall be calculated in proportion to the extent of the performance performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount shall be the market value of the fulfilled performance.

8.8. The right of withdrawal from a contract concluded at a distance does not apply to the consumer with respect to contracts:
8.9.1. (1) 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 start of the service that after the performance 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 control, and which may occur before the expiry of the deadline for withdrawal from the contract; (3) in which the subject of the performance is a non-refabricated product, manufactured to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the performance is a product that deteriorates rapidly or has a short shelf life; (5) in which the subject of performance is a Product delivered in sealed packaging which cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery; (6) in which the subject of performance is Products which, after delivery, due to their nature, are inseparably combined with other things; (7) in which the subject of performance are alcoholic beverages, the price of which has been agreed upon at the conclusion of the Sales Agreement, the delivery of which may only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him to perform urgent repair or maintenance; if the Seller provides additional services other than those requested by the consumer, or supplies Products other than spare parts necessary for the performance of repair or maintenance, the consumer has the right to withdraw from the contract with respect to additional services or Products; (9) in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, except for a subscription contract; (11) concluded by means of a public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the contract and after the Seller has informed him of the loss of the right of withdrawal.

8.9. For returns from outside the European Union, the Buyer is responsible for the package until it reaches our warehouse.

8.9.1 All customs fees related to the implementation of the return shall be borne by the Buyer. 

 

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Service Recipients who are not consumers.

9.2. The Seller has the right to withdraw from the Sales Agreement concluded with a Client 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 any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.

9.3. In the case of non-consumer Customers, the Seller has the right to limit available payment methods, including requiring prepayment in full or in part, regardless of the payment method selected by the Customer and the fact of concluding a Sales Agreement.

9.4. At the moment of release of the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product pass to the Customer who is not a consumer. In such a case, the Seller shall not be liable for loss, loss or damage to the Product occurring from the acceptance of the Product for transport until its release to the Customer, as well as for any delay in the transportation of the shipment.

9.5. If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the Product during transportation, he is obliged to perform all actions necessary to determine the carrier's liability.

9.6. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards the Customer who is not a consumer is excluded.

9.7. In the case of non-consumer Clients, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without indicating reasons by sending the appropriate statement to the Client.

9.8. The Service Provider/Seller's liability to the Service Recipient/Customer who is not a consumer, regardless of its legal basis, shall be limited - both under a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than one thousand zlotys. The Service Provider/Seller shall be liable to the Service Recipient/non-consumer Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Service Recipient/non-consumer Customer.

9.9. Any disputes arising between the Vendor and the Customer/non-consumer Customer shall be submitted to the court having jurisdiction over the seat of the Vendor/Service Provider.

10. FINAL PROVISIONS

10.1. Contracts concluded through the Online Store are concluded in the Polish language.

10 .2 Change of Terms and Conditions:

10.2.1 The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in laws; changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.
10.2.2 In thecase of conclusion of agreements of a continuous nature on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations shall be binding on the Service Recipient, if the requirements set forth in art. 384 and 384[1] of the Civil Code have been complied with, i.e. the Service Recipient has been correctly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If the amendment to the Terms of Service results in the introduction of any new fees or an increase in the current fees, the Customer who is a consumer has the right to withdraw from the contract.
10.2.3 In the case of conclusion of agreements on the basis of these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), the amendments to the Terms and Conditions shall in no way affect the acquired rights of the Service Recipients/Customers who are consumers prior to the effective date of the amendments to the Terms and Conditions, in particular, the amendments to the Terms and Conditions shall not affect the Orders already placed or placed and the concluded, executed or performed Sales Agreements.
10.3 Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Act on Providing Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until December 24, 2014 with Customers who are consumers - the provisions of the Act on Protection of Certain Consumer Rights and Liability for Damage Caused by a Dangerous Product of March 2, 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on Special Terms of Consumer Sales and Amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from December 25, 2014 with Customers who are consumers - the provisions of the Act on Consumer Rights of May 30, 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.
10.4 These Terms and Conditions do not exclude the provisions applicable in the country of habitual residence of the consumer entering into a contract with the Service Provider/Seller, which cannot be excluded by contract. In such case, the Service Provider/Seller shall guarantee to the consumer the protection granted to him/her under the provisions that cannot be excluded by contract.

 

11. MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)