The Regulations define the general terms, conditions and manner of sales by Agatinia Sp. z o.o. with its registered office in Warsaw at ul. Marszałkowska 138/81, entered in the National Court Register kept by the District Court for the capital city of Warsaw of Warsaw, the 12th Commercial Department of the National Court Register under the KRS number 0000290935, with the share capital of 5 000,00 PLN, NIP: 525-26-16-393, REGON: 361359879, (hereinafter referred to as the: “Seller”), through the on-line shop www.agatinia.com (hereinafter referred to as the: “On-line Shop” or the “Shop”).
I. General Provisions
- All rights to the On-line Shop, including the copyrights, the intellectual property rights to its name, its Internet domain, the website of the Shop, as well as the logos appearing on the website of the Shop (except for the logos and images presented on the website of the Shop for demonstration of the goods, the copyright of which belongs to third parties) shall belong to the Seller, and their use can be carried out only in the manner specified herein and accordance herewith, and with the written consent of the Seller.
- The Seller shall endeavour to make the On-line Shop available for the Internet users with all popular web browsers, operating systems, device types, and types of the Internet connections.
- The Seller shall apply the “cookies”, which, when the customers use the website of the Shop, shall be stored by the server of the Seller on the hard disk of the end device of the customers. The “cookies” shall be used to improve the correct operation of the website of the Shop on the end devices of the customers. Each customer shall be allowed to disable the “cookies” in the web browser of its end device. The Seller shall indicate that disabling the “cookies” may, however, cause difficulties or make it impossible to access the website of the Shop.
- The Seller shall inform that the public nature of the Internet and the use of the services provided by electronic means may be associated with the risk of acquiring and modifying data regarding the users by the unauthorized parties, and for this reason the users should use the appropriate technical measures to minimize the risks mentioned above. In particular, anti-virus software and software protecting the identity of the Internet users should be used.
II. The Orders
- The information contained on the website of the Shop shall not constitute an offer within the meaning of the Civil Code, and shall only be to invite the customers to make the offer to conclude the sales agreement.
- The customer can make the orders in the On-line Shop via the website of the Shop, 7 days a week, 24 hours a day.
- The customer making the order through the website of the Shop, shall complete the order by selecting the goods it is interested in. Adding the product to the order followed by select the “ADD TO CART” under the product presented on the website of the Shop. The customer, after completing the whole order and identifying its personal data and e-mail address in the “CART”, as well as selecting the method of delivery and payment, shall make the order by sending the order form to the Seller, selecting the button “CHECKOUT” on the website of the Shop. Before each shipment of the orders to the Seller, the customer shall be informed about the total price for the selected goods and delivery, as well as for all additional costs that shall be required to pay in connection with the sale agreement.
- Making the order shall mean making the offer to the Seller by the customer to conclude the sale agreement for the goods covered by the order.
- After making the order, the Seller shall send the confirmation about the submitted order to the e-mail address provided by the customer.
- Then, after confirming the order, the Seller shall send the information about acceptance of the order to the e-mail address provided by the customer. The information about acceptance of the order shall be the statement of the Seller’s acceptance of the offer referred to in §2 (4) above and on the date of its receipt by the customer, the sale agreement shall be concluded.
- The customer can use the telephone ordering system of the goods. The customer can make the orders with the phone number specified on the website of the Shop from Monday to Friday from 9:00 to 15:00.
- The Seller shall not be liable for technical difficulties, including errors and failures in the telephone connection to the Seller to make the order.
- In order to place the order, the customer shall make a phone call to the Shop, and provide with the order its personal data and e-mail address, as well as select the method of delivery and payment. The provisions of §2 (4-6) shall be applied accordingly.
III. The Payments
- The prices on the website of the Shop provided at the goods shall be the gross prices and shall not include the information on delivery costs and any other costs that the customer shall be required to pay in connection with the sale agreement, about which the customer shall be informed when selecting the method of delivery and ordering.
- The customer can select the following forms of payment for the ordered goods:
- bank transfer to the Seller’s bank account (in this case execution of the order shall be initiated after sending the order confirmation to the customer by the Seller, and receipt of the funds on the Seller’s bank account);
- PayPal instant digital payments;
- PayU digital payments;
- cash on delivery, payment for the provider at the time of delivery (in this case execution of the order shall be initiated after sending the order confirmation to the customer by the Seller).
- The customer shall always be informed by the Seller on the website of the Store about the date, on which it shall be obliged to make payment for the order in the amount resulting from the concluded sale agreement.
- If the customer fails to make the payment within the deadline referred to in §3 (3) hereof, the Seller shall specify additional time to make payment and inform the customer about it in a message sent to its e-mail address. The information on the additional time for payment shall also include the information that after expiry of this time, the Seller shall withdraw from the sale agreement. In the case of ineffective expiry of the second term for the payment, the Seller shall send the customer to its e-mail address the statement of withdrawal from the sale agreement pursuant to Art. 491 of the Civil Code.
IV. Delivery
- The Seller shall be obliged to deliver the goods without defects pursuant to the sales agreement.
- The Seller shall provide, in a message confirming the submitted order, the information about the number of the working days required for delivery and execution of the order.
- The date of delivery and execution of the order shall be specified in the working days from the day:
- upon receipt of the payment on the Seller’s bank account if the customer has selected the option of “bank transfer”;
- conclusion of the sale agreement if the customer has selected the option of “cash on delivery”.
- The customer can select the following forms of delivery:
- shipping courier within the Polish area;
- The ordered goods shall be delivered to the customer via the deliverer at the address indicated in the order form.
- On the day of sending the goods to the customer, the information confirming sending of the goods by the Seller shall be provided to the customer’s e-mail address.
- The customer should check the shipment delivered in time and in the manner accepted for the shipments of that type in the presence of the deliverer’s employee. If any loss or damage to the shipment has been found, the customer shall have the right to require the supplier’s employee to draw up the protocol.
- The Seller, in accordance with the requirements of the customer, shall enclose the receipt or the VAT invoice to the shipment, covering the delivered goods.
- In the absence of the customer at the address provided by it during ordering as the delivery address, the supplier’s employee shall leave an advice note or shall attempt to contact by telephone in order to specify the date, on which the customer shall be present. In case of return of the ordered goods to the On-line Shop by the supplier, the Seller shall contact with the customer by e-mail or phone in order to re-agree the date and the cost of delivery.
V. Claims
- All goods shall be covered with the 24-month liability of the Seller for non-conformity of the goods under the terms of the Civil Code, the law on the consumer rights of 30 May 2014 and other relevant laws. The Seller shall be obliged to sell and deliver the goods to the customer without the physical and legal defects.
- The customer shall have the right to submit a claim in writing or in electronic form via e-mail. The customer shall be recommended to provide the following in the description of the claim: (1) the information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect; (2) the demand on the way to return the goods into conformity in accordance with the sale agreement or a declaration of price reduction or withdrawal from the sale agreement; and (3) the contact details of the claiming party.
- The Seller shall refer to the claim of the customer immediately, not later than 14 calendar days from the date of its submission. No comment of the Sellers in the above period shall mean that the Seller considered the complaint to be justified.
- If, in order to respond by the Seller to the claims of the customer or to make the customer’s permissions under the warranty, it is necessary to provide the goods to the Seller, the customer shall be asked by the Seller to deliver the goods at the expense of the Seller at the address of the Shop.
VI. Returns
- The customer, who is a consumer within the meaning of art. 221 of the Civil Code, may, within 14 calendar days, withdraw from the sale agreement without giving any reason.
- The Seller shall immediately, not later than 14 calendar days from the date of receipt of the notice from the customer to withdraw from the sale agreement, shall return the customer all payments made by it, including the costs of delivery.
- The Seller shall return the payments using the same method of payment used the customer unless the customer expressly agreed to return the payment otherwise.
- The customer shall be obliged to immediately, not later than 14 calendar days from the date, on which it withdrew from the sale agreement, return the goods the Seller. In order to meet the deadline, it shall be necessary to return the goods before their expiry. The cost of returning the goods shall be borne by the customer.
- The customer may submit a statement of withdrawal from the sale agreement in writing or in electronic form via e-mail. The customer may use the withdrawal form enclosed as Annex 2 to the Law on the Consumer Rights of 30 May 2014.
VII. Personal Data
- The Seller shall be the administrator of the customers’ personal data provided to the Seller voluntarily as part of the order.
- The Seller shall process the personal data of the customers in order to execute the orders and other objectives specified herein. The data shall be processed exclusively in accordance with the law or the customer’s consent in accordance with the provisions of the law in force.
- The set of the personal data provided to the Seller shall be reported to the General Inspector for the Personal Data Protection by the Seller.
- Anyone providing the Seller with its personal data shall have the right to access and correct it.
- The Seller shall provide the possibility to remove the personal data from the set.
- The Seller shall protect the provided personal data and shall make every effort to protect it from the unauthorized access or use.
- The Seller shall provide the deliverer with the personal data of the customer to the extent necessary for delivery.
VIII. Final Provisions
- The Seller shall be liable for non-performance or improper performance of the agreement, but in the case of the agreements concluded with the customers being the entrepreneurs pursuant to Art. 431 of the Civil Code, the Seller shall be liable only for intentionally caused damage and limited to the losses actually incurred by the customer being the entrepreneur.
- The law applicable to any dispute arising under these Regulations is the Polish law.
- The Seller shall reserve the right to change hereto. All orders accepted by the Seller to be executed before the new Regulations enter into force shall be based on the Regulations in force at the date of the order made by the customer. The changes hereto shall enter into force within 7 days from the date of publication on the website of the Shop. The Seller shall inform the customer 7 days prior to entry into force of the new Regulations, by means of electronic message containing a link to the text of the changed Regulations. If the customer does not accept the new Regulations, it shall be obliged to inform the Seller about it, which results in termination of the agreement.
- The Regulations shall enter into force on 15 June 2015.
