TERMS AND CONDITIONS OF ONLINE STORE
Online Store https://go4paints.com cares about consumer rights. The consumer cannot waive the rights conferred on him or her by the Act on Consumer Rights. The provisions of the agreements less favourable to the consumer than the provisions of the Law on Consumer Rights will be void, and in their place, the provisions of the Law on Consumer Rights will be applied. Therefore, the provisions of the Terms and Conditions are not intended to exclude or limit any consumer rights conferred on them by mandatory provisions of law, and any possible doubts should be explained in favour of the consumer. In the case of possible non-compliance of the provisions of the Terms and Conditions with the above provisions, priority is given to these provisions and they should be applied.
1.1. Online Store available at https://go4paints.com is operated by the company PRZEDSIĘBIORSTWO PRODUKCYJNO - HANDLOWE UNICELL POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Wasilków (the registered office address and address for deliveries: ul. Supraślska 25, Wasilków 16-010); entered into the Register of Entrepreneurs of the National Court Register under KRS no.: 0000018265; registry court where company printout is kept: District Court in Białystok, XII Commercial Division of the National Court Register; share capital: PLN 2,650,000.00; NIP no. (Tax Id. No.): 5422503648; REGON (National Business Registry Number) no.: 050623653 and e-mail address: firstname.lastname@example.org.
1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Internet Store, unless a particular provision of the Terms and Conditions specifies otherwise and concerns only consumers or entrepreneurs.
2.1. The Online Store offers the following Electronic Services: Account, Order Form and Newsletter.
2.3. The Service User is obliged to use the Online Store in a way consistent with the law and morality, respect the personal rights and the copyrights and intellectual property of the Service Provider and third parties. The Service User is obliged to enter data consistent with the facts. The Service User is prohibited from delivery of illegal content.
2.4. Complaint procedures:
3.1. Conclusion of the Sale Agreement between the Customer and the Seller occurs after placing an Order by the Customer using the Order Form in the Online Store in accordance with point 2.1.2 of the Terms and Conditions.
3.2. Product price shown in the Online Store is presented in Polish zloty (PLN) and includes taxes. The Customer is informed about the total price (including taxes) of the Product which is the subject of the Order, as well as the delivery costs (including charges for transport, delivery and postal services) and other costs, and if it is impossible to determine the amount of those fees – about the obligation to pay them. The information is given to the Customer on the Online Store websites when placing the Order, including the time when the Customer expresses his or her willingness to be bound by the Sale Agreement.
3.3. The procedure of entering into the Sale Agreement in the Online Store using the Order Form
3.4. Consolidating, securing, and providing the Customer with the contents of the concluded Sale Agreement occurs through (1) providing access to the Terms and Conditions on the website of the Online Store, and (2) sending to the Customer an e-mail referred to in point. 3.3.2. of the Terms and Conditions. The content of the Sale Agreement is additionally saved and protected in the computer system of the Seller’s Online Store.
4.1. The Seller provides the Customer with the following methods of payment under the Sale Agreement:
4.2. Payment date:
5.1. Delivery of the Product to the Customer is paid for, unless the Sale Agreement states otherwise. Shipping costs of the Product (including fees for transportation, delivery and postal services) are indicated to the Customer on the Online Store web pages in the tab concerning delivery costs and while placing the Order, including when the Customer expresses his or her desire to be bound by the Sale Agreement.
5.2. The Seller provides the Customer with the following methods of Product delivery:
5.3. Deadline for delivery of the Product to the Customer is up to 10 Business Days, unless a shorter period is given in the description of the Product or when placing the Order. In the case of products with different delivery times, the delivery date is the longest given term, which may not exceed 7 Business Days. Start of the period of Product delivery to the Customer counts as follows:
5.4. Deadline for readiness to receive the Product – if the Customer selected a personal receipt of the Product, the product will be ready for collection within 7 Business Days, unless in the description of the Product or when placing the Order a shorter period is given. In the case of Products with different readiness dates, the date of readiness to receive is the longest term given, but it cannot exceed 7 Business Days. The Seller will additionally inform the Customer when the product is ready. The starting point of readiness to receive the Product by the Customer counts as follows:
6.1. The basis and responsibilities of the Seller towards the Customer, if the Product sold has a natural or legal flaw (warranty), are defined by the generally applicable laws, in particular the Civil Code (in particular in art. 556-576 of the Civil Code). When concerning Sale Agreements concluded before 24 December 2014, the basis and scope of Seller’s responsibility towards the Customer, being a natural person who purchases the Product for purposes which are outside that person’s professional or commercial activities, resulting from nonconformity of the Product with the Sale Agreement is specified by the applicable laws, especially the act of 27 July 2002 on specific conditions of consumer sales and on the amendment to the Civil Code (Dz.U. [Journal of Laws] 2002, no. 141, item 1176, as amended).
6.2. The Seller is obliged to provide the Customer with a flawless Product. Detailed information concerning the Seller's responsibility in reference to a defect of the Product and Customer rights is specified on the Online Store website in the tab related to complaints.
6.3. The complaint may be filed by the Customer, for example:
6.4. It is recommended that the Customer provides the following in the description of the complaint: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) a demand of the method of achieving the Product compliance with the Sale Agreement or a statement of the price reduction or withdrawal from the Sale Agreement; and (3) the contact details of the person complaining - this will facilitate and expedite the consideration of the complaint by the Seller. The requirements listed in the previous sentence have only the form of recommendations and do not affect the effectiveness of the complaint made without the recommended description of the complaint.
6.5. The Seller shall reply to the Customer's complaint immediately, not later than 14 calendar days from the date of its submission. If the Customer being a consumer requests replacement of a given product or repair of the defect or makes a statement on price reduction, providing the amount of money by which the price is to be reduced, and if the Seller does not reply to the request within 14 calendar days, it shall be deemed that the request is considered as reasonable.
6.6. The Customer, who exercises the powers under warranty, is obliged to provide at his or her expense the defective Product to the following address: ul. Supraślska 25, Wasilków 16-010. If the Customer is a consumer, then cost of the Product delivery is borne by the Seller. If the Customer is not a consumer, the delivery cost is borne by the Customer. If, due to the nature of the Product or the method of its installation, providing the Product by the Customer is extremely difficult, the Customer shall be obliged to make the Product available for the Seller in the place where the Product is located.
7.1. Detailed information on the possibility to use non-judicial ways of dealing with complaints and seeking redress and the rules of access to those procedures are available on the website of the Office for Competition and Consumer Protection at the following address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. There is also a contact point to the President of the Office of Competition and Consumer Protection (phone: +48 22 55 60 333, e-mail: email@example.com or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw) which task is to, among other things, provide assistance to consumers in matters concerning non-judicial ways of consumer dispute resolution.
7.3. The Consumer has, for example, the following possibilities of using extrajudicial means of dealing with complaints and redress: (1) dispute settlement request submitted to a permanent consumer arbitration court (for more information please visit: http://www.spsk.wiih.org.pl/); (2) request regarding the non-judicial dispute settlement submitted to the regional officer of Trade Inspection (for more information please go the website of the inspector competent to the place of the Seller’s business); (3) assistance of a district (municipal) consumer advocate or a social organisation the statutory tasks of which include consumer protection (for example, Consumer Federation, Association of Polish Consumers). Assistance is given, for example, by e-mail at firstname.lastname@example.org and by calling consumer helpline +48 801 440 220 (the helpline is available in Business Days from 8 am to 6 pm, call fee in accordance with the operator’s rates).
7.4. At the address http://ec.europa.eu/consumers/odr there is a platform for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with comprehensive service for consumers and companies who seek out non-judicial resolution of a dispute concerning contractual obligations resulting from online sale of goods or contract for provision of services (for more information please visit the website of the platform or the official website of the Office for Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8.1. A consumer, who has concluded a distance agreement, may withdraw from it within 14 calendar days, without giving any reason and at no cost, with the exception of the costs referred to in point 8.8 of the Terms and Conditions. To comply with the deadline it is enough to send a statement before its expiry. Statement of withdrawal may be submitted, for example:
8.2. An exemplary model withdrawal form is contained in Annex 2 to the Law on Consumer Rights and is also available in point 11 of the Terms and Conditions and at the Online Store in the tab concerning withdrawal from the agreement. The Consumer may use the model form, but it is not mandatory.
8.3. The period of withdrawal begins:
8.4. In the case of withdrawal from a distance agreement, the agreement is considered not concluded.
8.5. Seller shall immediately, not later than 14 calendar days from the date of receipt of the consumer statement on withdrawal from the agreement, return to the consumer payments made by him/her, including the cost of delivery of the Product (with the exception of additional costs resulting from the Customer's method of delivery other than the cheapest ordinary way available in the Online Store). The Seller refunds payments using the same method of payment, which the consumer used, unless the consumer has expressly agreed to a different way of return, which does not incur any costs for him or her. If the Seller has not suggested that he will collect the Product from the consumer by himself, he/she may withhold the reimbursement payments received from the consumer up to the date of receipt of the Product, or until the consumer has supplied evidence of its return, depending on which event occurs first.
8.6 The consumer is obliged to return the Product to the Seller immediately or give it to a person authorized by the Seller to collect, not later than 14 calendar days from the date on which he/she withdrew from the agreement, unless the Seller suggested collecting the Product by himself/herself. In order to meet the deadline, just return the Product prior to its expiration. Consumers may return the Product to the address: ul. Supraślska 25, Wasilków 16-010.
8.7. The consumer is liable for any diminished value of the Product as a result of its use beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs connected with the consumer's withdrawal from the agreement, which the consumer is obliged to pay:
8.9. The right of withdrawal from a distance agreement is not granted to the consumer in respect of agreements:
9.1. This section of the Terms and Conditions and the provisions contained in it apply only to Customers and the Service Users who are not consumers.
9.2. The Seller has the right to withdraw from the Sale Agreement concluded with the Customer which is not a consumer within 14 calendar days from its conclusion. Withdrawal from the Sale Agreement in this case may be effected without giving any reason and does not impose on the Customer who is not a consumer any claims against the Seller.
9.3. In the case of customers who are not consumers, the Seller has the right to restrict the available methods of payment, including the requirement of prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sale Agreement.
9.4. From the moment when the Seller releases the Product to the carrier, benefits and burdens associated with the product and the risks of accidental loss or damage to the Product are transferred to the customer who is not a consumer. In this case, the Seller is not responsible for loss, defect or damage to the Product arising during transport until the time of providing the product to the Customer, and the Seller is not responsible for delay in transportation.
9.5. In case of sending the Product to the Customer by the carrier, the Customer who is not a consumer is obliged to examine the package in time and in the manner adopted for consignments of this kind. If he finds out that during the transport a loss or damage to the Product occurred, he is obliged to perform all actions necessary to determine the liability of the carrier.
9.6. In accordance with art. 558 § 1 of the Civil Code, the Seller's responsibility under the warranty for the Product towards the Customer, who is not a consumer, is excluded.
9.7. In the case of the Service Users not being consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending an appropriate statement to the Service User.
9.8. The responsibility of the Service Provider / Seller in relation to the Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both in a single claim and for any claims in total - to the amount of the price paid and delivery costs in respect of the Sale Agreement, but not more than the amount of one thousand PLN. The Service Provider / Seller is responsible towards the Service User / Customer who is not a consumer, only for typical damage predictable at the time of conclusion of the agreement and is not responsible for loss of profit towards the Service User / Customer who is not a consumer.
9.9. Any disputes arising between the Seller / Service Provider and the Customer / Service User who is not a consumer shall be subjected to the competent court due to the location of the registered office of the Seller / Service Provider.
10.1. The language of the Agreements concluded by the Online Store is Polish.
10.2. Changing the Terms and Conditions:
10.3. In matters not covered herein, generally applicable Polish law shall apply, especially: The Civil Code; the Act of 18 July 2002 on the provision of services by electronic means. (Dz.U. [Journal of Laws] of 2002, no. 144, item 1204, as amended); For Sale Agreements concluded before 24 December 2014 with the Customers being consumers - the provisions of the Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by dangerous products. (Dz.U. [Journal of Laws] 2000, no. 22, item 271, as amended) and the Act on the specific conditions of consumer sale and an amendment to the Civil Code of 27 July 2002 (Dz.U. [Journal of Laws] 2000, no. 141, item 1176, as amended); for Sale Agreements concluded before 25 December 2014 with Customers being consumers - the provisions of the Act of 30 March 2014 on the protection of certain consumer rights (Dz.U. [Journal of Laws] 2014, item 827, as amended); and other relevant provisions of the generally applicable law.
Model form of withdrawal from the agreement
(this form should be completed and sent back only if the user has the intent to withdraw from the Agreement)
PRZEDSIĘBIORSTWO PRODUKCYJNO - HANDLOWE UNICELL POLAND SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Supraślska 25, Wasilków 16-010
– I/We(*) hereby inform on my/our withdrawal from the Sales Agreement of the following items(*) from the Agreement for the supply of the following items(*) from the Agreement for manufacturing the following items(*)/for the following services(*)
– Date of Agreement (*)/receipt(*):
– Name and surname of consumer(s):
– Address of consumer(s):
– Signature of the consumer(s) (only if the form is sent in paper version)
(*) delete as appropriate.