Online Store Terms & Conditions – agregaty24.pl

I. General provisions

These Terms and Conditions set out the general terms, the manner of providing Services by electronic means and the sale conducted via the online store agregaty24.pl. The store is operated by APEX M.J. PSIUK - SPÓŁKA JAWNA with its registered office in Starogard Gdański, at ul. Lubichowska 130, 83-200 Starogard Gdański, registered by the District Court Gdańsk-Północ in Gdańsk, 7th Commercial Division of the National Court Register, KRS no. 0000298809, NIP 5921006187, REGON 190918450, BDO 000108748, hereinafter referred to as the Seller.

Contact with the Seller is possible via:

• email address: kontakt@agregaty24.pl;
• telephone number: +48 (58) 5620931;
• contact form available on the Online Store’s pages.

These Terms and Conditions are continuously available on the website agregaty24.pl in a manner enabling their acquisition, reproduction and recording by printing or saving them on a medium at any time.

The Seller informs that the use of Services provided by electronic means may involve risks for any Internet user, consisting in the possibility of introducing harmful software into the Customer’s ICT system as well as acquiring and modifying the Customer’s data by unauthorized persons. In order to avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures that will minimize their occurrence, in particular antivirus software and a firewall.

II. Definitions

The terms used in these Terms and Conditions mean:

• Business days – days from Monday to Friday excluding statutory public holidays;
• Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person or an organisational unit that is not a legal person but is granted legal capacity by specific provisions, who places an Order within the Online Store or uses other Services available in the Online Store;
• Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended);
• Account – a part of the Online Store assigned to a given Customer, by means of which the Customer may perform specific actions within the Online Store;
• Consumer – a Customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
• Entrepreneur - a Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
• Terms and Conditions – this document;
• Goods – a product presented in the Online Store, the description of which is available next to each presented product;
• Sales contract – a sales contract for Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
• Services – services provided by the Seller to Customers by electronic means within the meaning of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204 as amended);
• Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
• Act on providing services by electronic means – the Act of 18 July 2002 on providing services by electronic means (Journal of Laws No. 144, item 1204 as amended);
• Order – the Customer’s declaration of intent aimed directly at concluding a Sales contract, specifying in particular the type and quantity of the Goods.

III. Rules for using the Online Store

Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

• a computer or mobile device with Internet access,
• access to email,
• an Internet browser: Microsoft Edge version 42.x or later, Firefox version 48.0 or later, Chrome version 50 or later, Opera version 50 or later, Safari version 10.x or later,
• Cookies and Javascript enabled in the Internet browser.

Using the Online Store means any action of the Customer that leads to the Customer becoming familiar with the content contained in the Store.

The Customer is obliged in particular to:

• not provide or transmit content prohibited by law, e.g. content promoting violence, defamatory content, or content infringing personal rights or other rights of third parties,
• use the Online Store in a manner that does not disrupt its functioning, in particular by using specific software or devices,
• refrain from actions such as: sending or placing unsolicited commercial information (spam) within the Online Store,
• use the Online Store in a manner that is not burdensome for other Customers and for the Seller,
• use any content posted within the Online Store only for personal use,
• use the Online Store in a manner consistent with the law applicable in the territory of the Republic of Poland, the provisions of these Terms and Conditions, as well as the general rules of using the Internet.

IV. Services

The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.

The Account maintenance service in the Online Store is available after registration. Registration is carried out by completing and accepting the registration form provided on one of the Online Store’s pages. The contract for the provision of the Account maintenance service in the Online Store is concluded for an indefinite period and is terminated upon the Customer sending a request to delete the Account.

The Customer may send messages to the Seller using the contact form. The contract for the provision of the service consisting in making an interactive form available enabling Customers to contact the Seller is concluded for a fixed period and is terminated upon the Customer sending the message.

The Customer may post individual and subjective statements in the Online Store relating, among others, to the Goods or the course of the transaction. By adding a statement, the Customer declares that they have all rights to such content, in particular economic copyrights, related rights and industrial property rights. The contract for the provision of the service consisting in posting opinions about Goods in the Online Store is concluded for a fixed period and is terminated upon posting the opinion.

Statements should be drafted in a clear and understandable manner and may not violate the applicable provisions of law, including the rights of third parties – in particular, they may not be defamatory, infringe personal rights or constitute an act of unfair competition. Posted statements are disseminated on the Online Store’s websites.

By posting a statement, the Customer agrees to the Seller’s free use of such statement and its publication, as well as the creation of derivative works within the meaning of the Act on Copyright and Related Rights (Journal of Laws 1994 No. 24 item 83).

The Seller has the right to organise occasional contests and promotions, the terms of which will each time be provided on the Online Store’s websites. Promotions in the Online Store are not subject to combination, unless the terms and conditions of a given promotion state otherwise.

In the event of the Customer’s breach of these Terms and Conditions, the Seller, after a prior ineffective request to cease or remedy the breach with a specified appropriate deadline, may terminate the contract for the provision of Services with 14 days’ notice.

V. Procedure for concluding a Sales contract

Information about Goods provided on the Online Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.

All Goods available in the Online Store are brand new and have been legally placed on the Polish market.

Placing an Order requires having an active email account.

If an Order is placed via the Order form available on the Online Store’s website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales contract for the Goods being the subject of the Order. Then the Customer is informed about the process of verification of the offer to conclude a contract on the Seller’s side. The Seller reserves the right to refuse or accept the offer to conclude a Sales contract for the Goods being the subject of the Order. The Customer is informed of the Seller’s decision in electronic form. An offer submitted in electronic form is binding on the Customer if, to the email address provided by the Customer, the Seller sends an "ORDER CONFIRMATION" - confirmation of acceptance of the Order for fulfilment, which constitutes the Seller’s statement of acceptance of the Customer’s offer, and upon its receipt by the Customer the Sales contract is concluded.

If the "ORDER CONFIRMATION" is not received, there is no reply, or there is a different reply, the Sales contract is not concluded.

Placing an Order in the Online Store by phone, by sending an electronic message or by sending a message via the contact form takes place on Business days and during the hours indicated on the Online Store’s website. For this purpose the Customer should:

• provide during the phone call, in the content of the electronic message or in the message sent via the contact form addressed to the Seller, the name of the Goods from among the Goods on the Online Store’s website and the quantity,
• indicate the method of delivery and the form of payment from among the delivery and payment methods provided on the Online Store’s website,
• provide the data necessary to process the Order, in particular: first and last name, place of residence and email address.

Information on the total value of the Order referred to above is provided each time by the Seller verbally after completing the entire Order or by informing the Customer by electronic message together with information that entering into the Sales contract by the Customer entails an obligation to pay for the ordered Goods; at that moment the Sales contract is concluded.

In the case of a Customer who is a Consumer, the Seller shall each time after an Order is placed by phone, email or contact form send the Customer confirmation of the terms of the placed Order.

The contract is concluded when the Customer, being a Consumer (in response to the confirmation of the Order terms sent by the Seller), sends an electronic message to the Seller’s email address in which the Customer: accepts the content of the submitted Order and consents to its fulfilment and accepts the content of these Terms and Conditions and confirms that they have read the information on withdrawal from the contract.

After the Sales contract is concluded, the Seller confirms its terms to the Customer by sending them to the Customer’s email address or in writing to the address provided by the Customer.

The Sales contract is concluded in Polish, with content consistent with these Terms and Conditions.

VI. Delivery

Delivery of the Goods is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer when placing the Order.

The Customer may choose the following forms of delivery of the ordered Goods:

• via a courier company;
• personal collection at the Seller’s personal collection point.

The Seller informs the Customer on the Online Store’s websites in the description of the Goods about the number of Business days required to fulfil the Order and deliver it, as well as about the amount of delivery charges for the Goods.

The delivery and fulfilment time of the Order is counted in Business days in accordance with Section VII point 2.

The Seller provides the Customer with proof of purchase.

If different fulfilment times are provided for Goods covered by the Order, the longest of the provided times applies to the entire Order.

VII. Prices and payment methods

Prices of the Goods are given in Polish zlotys and include all components, including VAT, customs duties and other charges.

The Customer may choose the following payment methods:

• cash on personal collection - payment at the Seller’s personal collection point (in this case, fulfilment of the Order will be carried out immediately after the Seller sends the Customer confirmation of acceptance of the Order, and the Goods will be issued at the Seller’s personal collection point);
• cash on delivery, payment to the carrier upon delivery (in this case, fulfilment of the Order and its shipment will begin after the Seller sends the Customer confirmation of acceptance of the Order and the Order is completed);
• electronic payment (in this case, fulfilment of the Order will begin after the Seller sends the Customer confirmation of acceptance of the Order and after the Seller receives information from the payment agent’s system that the Customer has made the payment, and the shipment will be carried out immediately after the Order is completed).

The Seller informs the Customer on the Online Store’s websites about the deadline by which the Customer is obliged to make payment for the Order. In the event of the Customer’s failure to make payment within the deadline referred to in the previous sentence, the Seller, after a prior ineffective request for payment with a specified appropriate deadline, may withdraw from the contract pursuant to Article 491 of the Civil Code.

VIII. Right to withdraw from the contract

A Customer who is a Consumer may withdraw from the contract without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient to send the statement before its expiry.

The Customer may formulate the statement independently or use the template statement made available by the Seller on the Store’s website.

The 14-day period is counted from the day on which the Goods were delivered, or in the case of a contract for the provision of Services, from the day it was concluded.

Upon receiving the Consumer’s statement of withdrawal from the contract, the Seller will send to the Consumer’s email address a confirmation of receipt of the statement of withdrawal from the contract.

The Consumer’s right to withdraw from the contract is excluded in the case of:

• provision of services, if the Seller has fully performed the service with the Consumer’s express consent and the Consumer was informed before performance began that after the Seller’s performance they would lose the right to withdraw from the contract;
• a contract in which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control and which may occur before the withdrawal deadline;
• a contract where the subject of performance is non-prefabricated Goods, manufactured according to the Consumer’s specifications or serving to meet the Consumer’s individual needs;
• a contract where the subject of performance is Goods that deteriorate quickly or have a short shelf life;
• a contract where the subject of performance is Goods delivered in sealed packaging which cannot be returned after the packaging has been opened due to health protection or hygiene reasons, if the packaging was opened after delivery;
• a contract where the subject of performance is products which, after delivery, due to their nature, become inseparably combined with other items;
• a contract where the subject of performance is alcoholic beverages, the price of which was agreed at the conclusion of the Sales contract, the delivery of which may take place only after 30 days, and the value of which depends on market fluctuations beyond the Seller’s control;
• a contract where the Consumer expressly requested that the Seller come to them for the purpose of urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or supplies Goods other than spare parts necessary to perform the repair or maintenance, the right of withdrawal applies to additional services or Goods;
• a contract where the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; delivery of newspapers, periodicals or magazines, with the exception of a subscription contract;
• a contract concluded by way of a public auction;
• a contract for the provision of services in the field of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;
• a contract for the supply of digital content not supplied on a tangible medium, if performance began with the Consumer’s express consent before the withdrawal deadline and after the Consumer was informed by the Seller about losing the right to withdraw from the contract.

In the event of withdrawal from a distance contract, the contract is deemed not concluded. What the parties have provided shall be returned in an unchanged state, unless the change was necessary to determine the nature, characteristics and functionality of the Goods. The return should take place immediately, no later than within 14 days. The purchased Goods should be returned to the Seller’s address.

The Seller shall immediately, but no later than within 14 days from the date of receiving the Consumer’s statement of withdrawal from the contract, refund to the Consumer all payments made by the Consumer, including the costs of delivery of the Goods. The Seller shall make the refund using the same means of payment as the Consumer used, unless the Consumer has expressly agreed otherwise; in any event, the Consumer shall not incur any fees as a result of the refund. The Seller may withhold the refund of payments received from the Customer until the Goods are received back or until the Customer provides proof of having sent back the Goods, whichever occurs first, unless the Seller has offered to collect the Goods from the Customer.

If the Consumer has chosen a method of delivery of the Goods other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by the Consumer.

The Customer shall bear only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Complaints concerning Goods under statutory warranty (rękojmia)

The Seller undertakes to deliver Goods free from defects.

The Seller is liable to a Customer who is a Consumer under statutory warranty for defects on the terms set out in Articles 556–576 of the Civil Code. In relation to Customers who are Entrepreneurs, the statutory warranty is excluded.

Complaints resulting from violation of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to: APEX M.J. PSIUK - SPÓŁKA JAWNA, ul. Lubichowska 130, 83-200 Starogard Gdański, to the email address: reklamacje@apex.fm, telephone number +48 602371487.

In order to have the complaint considered, the Customer should send or deliver the complained Goods, if possible, attaching proof of purchase. The Goods should be delivered or sent to the address indicated in point 3.

The Seller undertakes to consider each complaint within 14 days.

In the event of deficiencies in the complaint, the Seller will request the Customer to supplement it to the necessary extent immediately, but no later than within 7 days from the date the Customer receives the request.

X. Complaints regarding the provision of services by electronic means

The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of Services. Complaints may be submitted in writing to: APEX M.J. PSIUK - SPÓŁKA JAWNA, ul. Lubichowska 130, 83-200 Starogard Gdański, to the email address: reklamacje@apex.fm, telephone number +48 602371487.

In the complaint, the Customer should provide their first and last name, correspondence address, the type and description of the problem that occurred.

The Seller undertakes to consider each complaint within 14 days, and if this is not possible, to inform the Customer within this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will request the Customer to supplement it to the necessary extent within 7 days from the date the Customer receives the request.

XI. Warranties

The Goods may be covered by a manufacturer’s warranty.

In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it was granted is each time presented in the description of the Goods on the Store’s websites.

XII. Out-of-court methods of handling complaints and pursuing claims

A Customer who is a Consumer has, among others, the following possibilities of using out-of-court methods of handling complaints and pursuing claims:

• is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection with a motion to resolve a dispute arising from the concluded Sales contract;
• is entitled to apply to the provincial inspector of the Trade Inspection with a motion to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller;
• may obtain free assistance in resolving a dispute between the Customer and the Seller, also using free assistance of the county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (including the Consumer Federation, the Polish Consumers Association). Advice is provided by the Consumer Federation under the free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address porady@dlakonsumentow.pl;
• submit their complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal data protection

Personal data provided by Customers is collected and processed by the Seller in accordance with applicable provisions of law and in accordance with the Privacy Policy available on the Store’s website.

XIV. Final provisions

All rights to the Online Store, including economic copyrights, intellectual property rights to its name, Internet domain, the Online Store’s website, as well as to forms and logos, belong to the Seller, and their use may take place only in the manner specified and consistent with these Terms and Conditions.

The provisions of these Terms and Conditions concerning the Consumer, in the scope of withdrawal from the contract and complaints, also apply to a natural person concluding a contract directly related to their business activity, when it follows from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of business activity performed by that person, made available under the provisions on the Central Registration and Information on Business. The provisions on out-of-court methods of handling complaints and pursuing claims do not apply.

Any disputes that may arise between the Seller and a Customer who is a Consumer shall be subject to the courts having jurisdiction in accordance with the relevant provisions of the Code of Civil Procedure.

Any disputes that may arise between the Seller and a Customer who is an Entrepreneur shall be subject to the court having jurisdiction over the Seller’s registered office.

In matters not regulated by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on providing services by electronic means, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.

All Customers will be informed of any changes to these Terms and Conditions by information posted on the Online Store’s home page containing a list of changes and the date they enter into force. Customers who have an Account will additionally be informed of the changes together with their list to the email address indicated by them. The effective date of changes will not be shorter than 14 days from the date of their announcement. If a Customer who has a Customer Account does not accept the new content of the Terms and Conditions, they are obliged to notify the Seller of this fact within 14 days from the date of being informed about the change to the Terms and Conditions. Notifying the Seller about the lack of acceptance of the new content of the Terms and Conditions results in termination of the contract.