Regulations

CHOLEWIŃSKI e-shop regulations

Valid from December 25, 2014.

There are two ways to enter into an agreementbetween a buyer and a seller

The Buyer has the right before placing an order to negotiate any terms ofthe agreement with the Seller, including the changes to the provisions of the rules below. Negotiations should be conducted in writing and addressed to the Seller's address (Cholewiński Z.P.H.U., Cząstków Mazowiecki 28, 05-152 Czosnów).

In the event of the Buyer's opt-out of the possibility of concluding the contract through individual negotiations, the following rules and regulations shall apply and the applicable law.

REGULATIONS

§1 Definitions

  1. Postal Address - name and surname or name of insitution, location in the locality (in the case of a town divided into streets: street name, building number, number of apartament or flat; in the case not separated on the street; name of the locality and number of the property), post code and place.
  2. Complaint address:
    Cholewiński Z.P.H.U.
    Cząstków Mazowiecki 28
    05-152 Czosnów
  3. Price list of supplies – located at the address:
    www.cholewinski.com/delivery-cost
    list of available types of delivery and their costs.
  4. Contact details:
    Cholewiński Z.P.H.U.
    Cząstków Mazowiecki 28
    05-152 Czosnów
  5. Supply – The type of transport service, including the carrier and cost listed in the price list at www.cholewinski.com/delivery-cost
  6. A proof of purchase – invoice, bill or receipt issued under the Goods and Services Tax Act of 11 March 2004, as amended, and other applicable laws.
  7. Product card – Single storefront containing information about a single product.
  8. Client – legal person full legal capacity, legal entity or organizational unit without legal personality and possessing legal capacity, acting at the Seller disposal connected directly with its economic or professional activity.
  9. Civil Code – Act of Civil Code of April 23, 1964, as amended.
  10. Code of good practice – a set of rules of conduct, and in particular the ethical and professional standards referred to in Article 2 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
  11. Consumer – a legal person who is a legal person of full age, who makes a purchase to the Seller not directly related to her business or profession.
  12. Cart – a list of products made out of the products offered in the shop based on the Buyer's choice.
  13. Buyer – both Consumer, and Customer.
  14. Place of issuepostal address or collection point indicated in the order by the Buyer.
  15. Moment of issue of the item – the moment in which the Buyer or his third party will identify the item in his possession.
  16. Payment – method of payment for the subject of the contract and delivery listed at www.cholewinski.com/delivery-cost
  17. Consumer law – Consumer Rights Act of 30 May 2014.
  18. Product – the minimum and indivisible quantity of items, that can be the subject of the order, and which is given in the store The seller as a unit of measurement when determining its price (price / unit).
  19. Subject of the contract – products and supplies subject to the contract.
  20. Object of the contractsubject of the contract.
  21. Reception point – place of issue of the item not the postal address listed in the list provided by the seller in the store.
  22. Thing – Movable item that may or may not be the subject of the contract.
  23. Shop – an online service available at www.cholewinski.com, through which the buyer can place an orded.
  24. The Seller:
    Cholewiński Z.P.H.U.
    05-152 Czosnów
    Cząstków Mazowiecki 28
    NIP: 531-000-06-23, REGON: 012120628
    registered and visible in the CEIDG register at:
    https://prod.ceidg.gov.pl
    BANK ACCOUNT:
    Inteligo - PKO Bank Polski SA.: 54 1020 5558 0000 8802 3047 8800
  25. System – a team of interoperable IT and software solutions for processing and storage, as well as sending and receiving data via telecommunication networks by means of the appropriate A type of terminal network, commonly referred to as the Internet..
  26. Time of execution – the number of hours or working days indicated on the product card.
  27. Contract – contract concluded away from business premises or at a distance within the meaning of the Act on consumer rights of 30 May 2014 in the case of Consumers and sales contract within the meaning of Art. 535 Civil Code Act of 23 April 1964 in the case of Buyers.
  28. Disadvantage – both a physical defect, and a legal defect.
  29. Physical defect – incompatibility of the thing sold with the contract, and in particular if the thing:
    1. It does not have properties that this kind of thing should have because of the purpose in the contract marked either due to circumstances or destination;
    2. There are no properties that the seller has provided the consumer,
    3. not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract and the Seller has not objected to its destination;
    4. was issued to the consumer in incomplete state;
    5. in case of improper installation and commissioning, if these activities were performed by the Seller or the third party for which the Seller is responsible, or by the Consumer, who has acted in accordance with the instructions received from the Seller;
    6. it does not have the property provided by the manufacturer or his representative or the person who introduces the item to trading in the scope of his business and a person who by placing on the thing sold his the name, mark or other distinctive sign is presented as the manufacturer, unless the Seller These assurances were not known or judged reasonably, could not know or could not influence the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
  30. Legal Dispute – The situation when the item is sold is owned by a third party or is legally charged and if the restriction on the use or disposal of the item is due to a decision or ruling of the competent authority.
  31. Order – statement of the will of Buyer submitted through store defining unambiguously: type and quantity of products; delivery type; payment method; place of issue, Buyer's information aimed directly at the conclusion of the contract between the Buyer and the Seller.

§2 General conditions

  1. The contract is concluded in Polish, in accordance with Polish law and these regulations.
  2. Place of issue must be in the territory of the Republic of Poland.
  3. The seller is obliged and obliged to provide the service and deliver the item free from defects.
  4. All prices quoted by the Seller are expressed in Polish currency and are gross (including VAT). Product prices do not include the delivery cost, which is specified in the price list.
  5. All dates are calculated according to art. 111 of the Civil Code, that is, the date marked in days ends with the end of the last day, and if the beginning of the date marked in days is certain event is not taken into account when calculating the date of the day in which this event occurred..
  6. Confirm, make available, fix, secure all relevant provisions of the agreement to gain access The following information will be provided in the future::
    1. Order confirmation by sending to the indicated e-mail address: pro forma invoice, information on the right of withdrawal, these regulations in pdf version, a pdf withdrawal form, links to self-picking of the rules and withdrawal form;
    2. Attached to the completed order, sent to the indicated place of issue of printed matters: proof of purchase, information on the right to withdraw from the contract, these rules, form of withdrawal form.
  7. The seller informs you of the third party warranties for the product in the store.
  8. The seller does not charge any fee for communication with him using the means of communication at a distance and the Buyser will bear its costs in the amount resulting from the contract he made with a third party a service for remote communication.
  9. The Seller assures the Buyer of the correct functioning correct functioning of the shop inThe following browsers: IE version 7 or higher, FireFox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with the latest JAVA and FLASH versions installed on resolution screens Horizontal over 1024 px. Use third-party software that affects functionality and functionality Browsers: Internet Explorer, FireFox, Opera, Chrome, Safari can affect the correct display of the store, therefore For full functionality of the www.cholewinski.com store, you must turn them off..
  10. Buyers can use the option to store their data through the store to facilitate the process ordering another order. For this purpose the Buyer should provide the login and password necessary to to access your account. Login and password are a string of characters set by the Buyer,who is obliged to keep them secret and to protect them from unauthorized access to third parties. The Buyer has in Any time you can view, correct, update your data and delete your account in the store.
  11. The Seller applies the code of good practice.

§3 Conclusion of the contract and realization

  1. Orders can be made 24 hours a day.
  2. In order to place an order the buyer should do at least the following steps part can be repeated many times:
    1. adding to the product cart;
    2. choice of delivery type;
    3. choice of payment types;
    4. Selecting the place to release the item;
    5. placing order in the shop by using the "order" button..
  3. The contract is concluded with the Consumerat the moment of placingthe order.
  4. Realization of the order The consumer paid for the collection takes place immediately and the order payable by bank transfer or via the payment system electronic after the payment of the Consumer paymentin the Seller'saccount, What should happen within 30 days of placing the order, unless the consumer was unable to meet the benefits of his or her fault and informed the Seller.
  5. The contract is concluded with the Customer at the moment of acceptance of the order by the Seller, which he informs the Customer within 48 hours of placing the order.
  6. Realization of the Customer's order for payment takes place immediately after the conclusion of the contract, and the order is paid by wire transfer or through the electronic payment system after the conclusion of the contract and the payment of the Customer's payment on the Seller's account.
  7. Realization of the Customer's order may be conditional on making a payment of all or part of the value of the order or obtain a merchant credit limit of at least the value of the order or Seller conset to send On receipt (payable on delivery)).
  8. Submissions will be made within the deadline specified on the product card, and for multi-product orderswithin the longest deadline specified on the product cards. The deadline starts when the order is being processed.
  9. Purchased item of the contract is accompanied by the Buyer's selected sales document sent Buyer selects the type of delivery to the place of issue ordered by the Buyer in the order, together with the enclosed with the annexes referred to in §2 point 6b.

§4 Right to withdraw from the contract

  1. The consumer is entitled under Art. 27 Consumer rights right to withdraw from the contract concluded at a distance, without giving a reason and without incurring costs, except for the costs referred to in art. 33, art. 34 Consumer law.
  2. The term of withdrawal is 14 days from the date of issue of the item, and to the date of issue of the item It is enough to send a statement before it expires.
  3. Declaration of withdrawal The consumer may submit on the form, the model of which is enclosed in Annex 2 to the Consumer Law, on the form available at www.cholewinski.com/exchange-returns or in another form in accordance with Consumer Law.
  4. The seller will immediately confirm to the Consumer on the e-mail (given at the conclusion of the contract and if given in the statement) receive a withdrawal notice.
  5. In the event of withdrawal, the contract is considered not to be.
  6. The consumer is obliged to return the item to the Seller promptly, however not later than 14 days from the day he renounced the contract. It is enough to return the item before it expires.
  7. The consumer refers to the subject matter of the contract from which he has relinquished his own expense and risk..
  8. The consumer does not bear the cost of providing digital content that is not recorded on a material medium unless he has agreed to meet the benefit before the expiration of the withdrawal period or has not been informed of the loss of his or her right of withdrawal at the time such consent was given. provided confirmation in accordance with art. 15 sec. 1 and Art. 21 sec. 1. Consumer law.
  9. The consumer is responsible for reducing the value of the thing being the subject of the contract and resulting from the use of it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the thing.
  10. The Seller immediately, not later than within 14 days of receiving the consumer's withdrawal notice, will return to the Consumer all payments made by him, including the delivery of the item, and if the Consumer chooses a delivery other than the cheapest ordinary delivery method offered by the Seller. , The Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
  11. The seller reimburses the payment using the same method of payment as used by the Consumer, unless the consumer expressly agrees to another payment method that does not involve him at all costs.
  12. The seller may refrain from reimbursing the payment received from the Consumer until the item is returned or delivery by the consumer of proof of return, whichever occurs earlier.
  13. To the consumer pursuant to Article 38 of the Consumer Law, there is no right to withdraw from the contract:
    1. 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 expiry date of the contract;
    2. the subject of which is an unprofessional item, manufactured to the consumer's specifications or catered to his individual needs;
    3. in which the subject matter is a thing that is quickly spoiled or has a short shelf life;
    4. The object of delivery is the item delivered in a sealed package which, when opened, does not may be returned for health or hygiene purposes if the packaging has been opened after delivery;
    5. the subject matter of which is the provision of goods which, by their nature, are inseparably linked to other things;
    6. the subject of which is audio or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery;
    7. to provide digital content that is not recorded on a material medium, if fulfilling the benefits began with the explicit consent of the Consumer before the expiry date the contract and after informing the trader of the loss of the right of withdrawal;
    8. to provide journals, periodicals or periodicals, except for subscriptions. .

§5 Warranty

  1. SSeller based on art. 558 § 1 of the Civil Code completely excludes liability to Customers for physical and legal defects (warranty).
  2. The seller is liable to the consumer on the terms set forth in Art. 556 Civil Code and subsequent for defects (warranty).
  3. In the case of a consumer agreement, if a physical defect was discovered within one year of the issue of the item, it is assumed that it existed at the time of the danger to the consumer.
  4. The consumer if the item has a defect may:
    1. make a declaration of demand for price reduction;
    2. make a declaration of withdrawal;
      unless the Seller promptly and without undue inconvenience to the Consumer shall exchange the faulty defect free or the fault will be removed. However, if the item has already been exchanged or repaired by the Seller or the Seller has failed to do so The obligation to exchange items free of defects or to remove defects does not entitle them to exchange or delete defects.
  5. The consumer may, instead of the seller's proposed removal of a defect, demand replacement of the item to be free of defects or instead Exchange of claims requires the removal of defects unless the bringing of things into conformity with the contract in the manner chosen by the consumer impossible or would require excessive costs compared to the method proposed by the Seller, while in the assessment The value of the defect-free item, the nature and significance of the defect, is also taken into account Considering the disadvantages that the Consumer would otherwise be exposed to.
  6. The consumer can not withdraw from the contract if the defect is irrelevant.
  7. The consumer if the item has a defect may also:
    1. demand replacement of items free of defects;
    2. demand removal of defect.
  8. The seller is obliged to replace the faulty defect-free item or remove the defect within a reasonable time without undue delay. Inconvenience to the consumer.
  9. SThe seller may refuse to compensate the consumer if he / she meets the contract with the defective item The way chosen by the buyer is impossible or in comparison with the second possible way of bringing about compliance it would cost too much.
  10. In the event that a faulty item has been assembled, the consumer may demand dismantling and re-mounting from the Seller. after having exchanged for a defect free or defect remedy, but is required to bear some of the excess costs involved the price of the item sold or may require the Seller to pay part of the costs of dismantling and re-fitting, up to the price things sold. In the event of default by the Seller, the Consumer is entitled to perform these actions at cost and danger of the Seller.
  11. A consumer who exercises warranty rights is obliged at the expense of the Seller to provide defective items Complaint address, and if, due to the type of thing or the way it was assembled, delivery of the item by the Consumer It will be excessively difficult, the consumer is obliged to make the item available to the seller at the place where the item is located. In the event of default by the Seller, the consumer is entitled to return the item at cost and risk The seller.
  12. Replacement or repair costs are borne by the Seller, except as described in §5 (10).
  13. The seller is obliged to accept the defect from the consumer in case of exchange of goods free of defects or withdrawal of the contract.
  14. The Seller shall, within fourteen days,
    1. Declaration of price reduction request;
    2. declaration of withdrawal;
    3. demanding the exchange of things free of defects;
    4. defect removal request.
      Otherwise it is considered to have justified the statement or the request of the Consumer.
  15. The seller is responsible for the warranty if a physical defect is found before expiry Two years after the issue of the item to the Consumer, and if the subject of sale is used one year after the issue of the item to the Consumer.
  16. The consumer's claim for the removal of a defect or the replacement of a defective item shall expire at the end of the year, from the date of the defect, however, not earlier than two years after the issue of the item to the Consumer, and if the subject of sale is used before one year from the date of issue of the item to the Consumer.
  17. In the event that the expiry date specified by the Seller or the manufacturer ends after Two years after the item was delivered to the Consumer, the Seller is liable for physical defects This item was found before the expiry date.
  18. Within the deadlines specified in §5 item 15-17, the consumer may make a declaration of withdrawal or price reduction due to a physical defect of the item being sold, and if the consumer requests replacement of the item free of defects or defect removal, the period of time for submitting a declaration of withdrawal contract or price reduction begins with the expiry of the time limit for the replacement of the item or the removal of the defect.
  19. In the event of a court order or an arbitration court, one of the rights under the terms of the warranty to exercise other rights, which the Consumer is entitled to, shall be suspended the time of the final termination of the proceedings. It also applies accordingly The deadline for exercising other rights under the warranty To the consumer, it begins to run from the date the court approves the settlement concluded before the mediator or ineffective end of mediation.
  20. For the exercise of rights under the warranty for legal defects of the sold things apply §5 points 15-16, except that the run The term begins on the date on which the consumer learned of the existence of the defect and if the consumer has learned About the existence of a defect only as a result of the action of a third party - from the date on which the decision issued in the dispute with a third party has become valid.
  21. If, by reason of a defect, the consumer has made a declaration of withdrawal or a price reduction, he may claim compensation for the damage, which he suffered because he had entered into an agreement without knowing the existence of a defect, even if the damage was the consequence of the circumstances for which The seller is not liable, and in particular may demand reimbursement of contract costs, costs of receiving, transporting, storing and insuring items, reimbursement of expenditures to the extent that they did not the benefits, and not receive their return from a third party and reimbursement of the costs of the process. It does not violate the rules of duty damage compensation on general terms.
  22. The expiry of any time to declare a defect does not exclude the exercise of rights under the warranty, if the Seller delinquent concealed.
  23. Seller if he is obliged to provide or provide financial support to the consumer It will execute them without undue delay, no later than the time allowed by law.

§6 Privacy policy and personal data security

  1. The administrator of the personal databases provided by the Consumer Shop is the Seller.
  2. The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of August 29, 1997, and the Act on the provision of electronic services of July 18, 2002. The buyer giving his personal data when ordering the Seller agrees to their processing by the Seller to execute the order placed. The buyer has the opportunity to view at any time, correcting, updating and deleting your personal data.
  3. Detailed rules for the collection, processing and storage of personal data used for the purpose The ordering process by the store is described in the Privacy Policy, which is located under address: www.cholewinski.com/privacy-policy

§7 Final provisions

  1. Nothing in these Terms and Conditions is intended to infringe Buyer's rights. There may also be in this the interpretation, as in case of non-compliance of any part of the rules with the applicable law of the Seller Declares absolute submission and application of this right in place of the contested provision of the Rules of Procedure.
  2. Changes to the rules and their scope of registration will be notified by electronic means (indicated when registering or ordering an email). Notification will be sent at least on 30 days before the entry into force of the new regulations. Amendments will be introduced to adjust the rules to the legal status.
  3. The current version of the Terms and Conditions is always available to the Buyer in the Regulations tab (www.cholewinski.com/legal). During the execution of the order and throughout the period of the Buyer's after-sales care, the regulations apply accepted by him when ordering. Except where the consumer considers it less Beneficial from the current and will inform the Seller about the current selection as current.
  4. In matters not covered by this Regulation, the applicable legal regulations apply. Disputable issues, if the consumer expresses his will, is solved through mediation proceedings before Voivodship Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate Trade Inspection or equivalent and lawful pre-trial or out-of-court resolution disputes identified by the Consumer. In the end, the case is decided by the local and substantive court.
Wersja 12.5 (Cząstków Mazowiecki, 25.12.2014r.)
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