Terms and conditions of the online store

I. GENERAL PROVISIONS

The Regulations set forth the general terms and conditions of sales conducted through the Online Store and the provision of electronic services therein by the Seller.
The customer can make contact with the Seller:
1. in writing by sending a message to the address of the Seller’s registered office: 61-757 Poznań, Garbary 100/164,
2. by e-mail, sending a message to e-mai: [email protected]
3. By phone, at 726 706 506,
4. via the contact form available on the Online Store,
5. Via instant messenger: Facebook Messenger.
The Seller has the right to organize occasional contests and promotions, the terms of which will be stated each time on the Store’s websites. Promotions in the Online Store are not cumulative, unless the rules of a given promotion state otherwise.
The Terms and Conditions are continuously available in the Online Store, in a manner that makes it possible to acquire, reproduce and record their content by printing or saving them on a permanent carrier.
The use of services provided electronically may involve risks on the part of any user of the Internet, consisting in the possibility of introducing harmful software into the Client’s ICT system and obtaining and modifying its data by unauthorized persons. To avoid the risk of the aforementioned threats, the Client should use appropriate technical measures to minimize their occurrence, in particular, anti-virus programs and firewall.
The Seller informs that the Online Store uses cookies, detailed rules in this regard are defined by a separate document (hereinafter: ,,Cookies Policy”) available on the Store’s website.
The terms used in the Regulations shall mean:
1. Working days – days from Monday to Friday excluding public holidays;
2. Customer – a natural person who has full legal capacity, a natural person conducting business, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, concluding a Sales Agreement;
3. Civil Code – the law of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
4. Account – a separate part of the Online Store, individually assigned to the Customer;
5. Consumer – a customer who is a consumer within the meaning of Article 22[1] of the Civil Code;
6. Shopping Cart – information about the Products selected by the Customer to be the subject of the Order;
7. Newsletter – Service provided to the Customer by sending ordered commercial information to the e-mail address provided by the Customer;
8. Opinion – a statement of the Customer relating to the Product, Service or performance of the Agreement;
9. Product – goods presented in the Online Store, the description of which is available next to each product presented;
10. Entrepreneur – Customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
11. Regulations – this document;
12. Online Store – an IT system used by the Seller to conduct business and services, through which it presents Products and Services on the Internet and accepts Orders, operating in the domain www.sim-shop.pl ;
13. Seller – Simline Sp. z o. o.
  61-757 Poznań, Garbary 100/164,
  NIP: 7831938221, KRS: 0001197608
  Registered in the National Court Register kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register.
  Amount of the share capital 5000,00 zł.
Agreement/Contract of Sale – an agreement for the sale of Products presented in the Online Store within the meaning of the Civil Code, concluded between the Seller and the Customer;
Service – electronic service provided via the Online Store by the Seller to the Customers electronically, as defined by the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
Law on Providing Services by Electronic Means – Law of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
Order – a declaration of will of the Customer, aimed directly at concluding a Sales Agreement.

II. RULES OF USING THE ONLINE STORE

Use of the Services is possible provided that the ICT system of the computer or other device used by the Customer meets the following minimum technical requirements:
1. Internet access,
2. email application,
3. Web browser in the latest version with Javascript and cookies enabled,
4. A program to read and write PDF files.
The customer using the Online Store is obliged to comply with the legal order, the provisions of the Regulations and in a manner that respects personal rights, in particular, not to provide and not to transmit unlawful content, including dissemination of unsolicited commercial information (spam) within the Online Store, and to use the Online Store in a manner that does not interfere with its operation.

III. SERVICES

The services provided by the Seller on the Online Store are free of charge.
Each Customer has the ability to browse the Store’s website and the Products and Services presented therein, as well as to place Orders, and furthermore to use the following Services:
1. Maintenance of the Account in the Online Store,
2. storing a Shopping Cart in the Online Store;
The Account service is available after registration. Registration takes place by completing and sending to the Seller the registration form available in the Online Store.
In order to send the Newsletter, a valid e-mail address must be provided to the Seller.
The contract for the provision of the Services is concluded for an indefinite period of time and is terminated upon termination by the Customer or the use of system options that allow removal from the list of Newsletter subscribers or deletion of the Account. In the case of the provision of the Opinion Service, the contract is concluded for a definite period of time and is terminated upon its addition.
The Shopping Cart Service is available to Customers who have an active Account in the Online Store. The Shopping Cart Service is provided for a limited period of time, until the Customer places an Order for the Products stored in the Shopping Cart or removes the Products from the Shopping Cart.
If the Customer violates the provisions of the Terms and Conditions, the Seller, after an ineffective call to cease or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with 14 days’ notice.

IV. PROCEDURE FOR CONCLUDING A CONTRACT

Information about the Products provided on the Store’s websites, in particular their descriptions, technical and performance parameters and prices do not constitute an offer, but only an invitation to submit offers.
The prerequisite for placing an Order and concluding a Contract is to have an active e-mail account and/or to have an Account.
An order placed through the Online Store constitutes an offer and binds the Customer from the moment of confirmation of receipt of the Order by the Seller until the expiration of the payment deadline specified therein.
Confirmation of receipt of the Order specifies the subject matter of the Order.
The contract is concluded when the Customer receives confirmation of acceptance of the Order for execution.
To a customer who has placed an Order via e-mail or telephone, the Seller immediately confirms the content of the future Agreement by sending a message to the e-mail address provided, containing at least information about:
1. Customer’s name and address,
2. Name and Price Product,
3. quantities of a given Product,
4. method and date of payment,
5. The method, date and cost of delivery,
6. content of the Regulations.
The confirmation referred to in Section 6 constitutes an offer which the Seller is bound by for two Business Days from receipt by the Customer. If, within the period indicated in the preceding sentence, the Customer sends the Seller information on acceptance of the content of the proposed Contract, the Contract is concluded as of the moment of receipt of the message by the Seller.
After concluding the Contract and before its execution, the Seller sends the Customer a message to the e-mail address provided, which is a confirmation of the Order, indicating at least:
1. parties to the Agreement,
2. the name, price and quantity of the Product or Products ordered,
3. method and date of payment,
4. method, date and cost of delivery,
5. total price to be paid,
6. The existence and content of the warranty for the Product or Products and
7. Rules and Regulations with attachments.

V. SUPPLY

The Seller shall deliver the Products covered by the Order to the address indicated by the Customer when placing the Order.
If there are restrictions on delivery, the Seller shall provide clear and legible information about such restrictions on the pages of the Online Store.
The Customer may choose the following forms of delivery of the ordered Products:
1. via courier service, including parcel service,
2. personal collection at the Online Store’s personal collection point.
The Seller on the Store’s website informs the Customer about the time limit for processing the Order and also about the amount of fees for delivery of the Products.
The term of execution of the Order is calculated in Business Days. The time limit for fulfillment of the Order begins on the day of receipt of payment, and if payment is to be made upon receipt – on the day of conclusion of the Contract. The time limit referred to in the preceding sentence shall expire on the Day of transfer of the Products covered by the Order to the Customer.
If different lead times are stipulated for the Products covered by the Order, the longest period among those indicated shall apply for the entire Order, in accordance with Section. 5 above.
Along with the Product, the Customer receives a receipt or an invoice – according to the choice, made during the placement of the Order.

VI. PRICES AND PAYMENT METHODS

Presented on the pages of the Online Store, the prices of the Products include all components, including VAT.
The customer can choose the following payment methods for the Order:
1. transfer to the Seller’s bank account,
2. transfer made using the electronic payment service system integrated with the Online Store,
3. payment in cash upon personal collection,
4. payment by cash on delivery, also payment by card on delivery.
5. imoje – electronic payments
The Customer is obliged to pay for the ordered Product, including delivery costs and any additional costs, as indicated in the Online Store, within 3 days of placing the Order, unless payment on delivery has been selected.

VII. RIGHT OF WITHDRAWAL

The Customer, who is a Consumer, may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline it is sufficient for the Customer to send the statement before its expiration.
The Customer may formulate the statement himself or use the model statement of withdrawal from the Agreement, which is attached to these Regulations.
The 14-day period shall be counted from the day on which the Product was delivered or, in the case of a Service Contract, from the date of its conclusion.
Upon receipt of the Consumer’s statement of withdrawal from the Contract, the Seller will send an acknowledgement of receipt of the statement of withdrawal to the Consumer’s e-mail address.
According to Article 38 of the Law on Consumer Rights, the Consumer’s right to withdraw from the Contract is excluded in the case of:
1. 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 Seller’s performance will lose the right to withdraw from the Agreement;
2. A contract 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 deadline for withdrawal from the Contract;
3. A contract in which the object of performance is a non-refabricated product, manufactured to the Consumer’s specifications or serving to meet his individualized needs;
4. A contract in which the object of performance is a product that is perishable or has a short shelf life;
5. A contract in which the subject of performance is a Product delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
6. A contract in which the object of performance is Products, which after delivery, due to their nature, are inseparably combined with other things;
7. An agreement in which the subject of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the Seller has no control;
8. Contract 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 provides Products other than spare parts necessary for the repair or maintenance, the right of withdrawal from the Contract is granted to the Consumer with respect to additional services or Products;
9. A contract 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; delivery of newspapers, periodicals or magazines, except for a subscription contract;
10. Agreement concluded through a public auction;
11. Contracts for the provision of services in the field of accommodation, 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;
12. Agreements 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 expiry of the deadline for withdrawal from the Agreement and after the Seller has informed him of the loss of the right to withdraw from the Agreement.
In the case of withdrawal from the Contract concluded at a distance, the Contract is considered not concluded. What the parties have provided shall be returned unchanged, unless the change was necessary to determine the nature, characteristics and functionality of the Products. The return should be made immediately, no later than within 14 days. The Customer shall return the purchased Product to the Seller’s address.
The Seller shall immediately, but no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Contract, return to the Consumer all payments made by the Consumer, including the cost of delivery of the Product. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer agrees to a different method of refund, which method will not involve any cost to the Consumer.
The Seller may withhold reimbursement of payments received from the Customer until it receives the Product back or the Customer provides proof of its return, whichever event occurs first, unless the Seller has offered to collect the Product from the Customer itself.
If the Consumer has chosen a method of delivery of the Products 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 Product, unless the Seller has agreed to bear this cost.
Entrepreneur’s right to withdraw from the contract – An entrepreneur who makes a purchase for purposes related to his business, but not of a professional nature for him, has the right to withdraw from the contract within 14 days from the day he takes possession of the purchased goods or concludes a contract for the provision of services, without stating a reason and without incurring costs, except for the costs specified in Articles 33, 34(2) and 35 of the Law on Consumer Rights.

VIII. COMPLAINTS AND GUARANTEES

IX. OUT-OF-COURT MEANS OF SETTLING COMPLAINTS AND PURSUING CLAIMS

Any disputes arising from the Agreement or the provision of Services in the Online Store may be resolved through mediation or by an arbitration court.
A customer who is a Consumer has, among other things, the following options for out-of-court dispute resolution and redress:
1. is entitled to apply to the permanent arbitration court of consumers operating at the Trade Inspection to resolve a dispute arising from the concluded contract;
2. is entitled to apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the Customer and the Seller;
3. may obtain free assistance in resolving a dispute between the Customer and the Seller, using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection ;
4. may file a complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

X. THE RIGHTS OF A BUSINESSMAN MAKING PURCHASES FOR PURPOSES RELATED TO HIS BUSINESS, BUT NOT OF A PROFESSIONAL NATURE FOR THE BUYER

An entrepreneur making purchases for business purposes, but not of a professional nature for the buyer, has the right to withdraw from a contract concluded remotely within 14 days from the date of taking possession of the purchased goods, without having to give a reason.
In the case of exercising the right of withdrawal, the trader is subject to the same rules as the Consumer, which means that he is entitled to a full refund of the purchase price, except for additional costs resulting from the choice of other than the cheapest ordinary delivery method offered by the seller.
On the issue of warranty for defects in goods sold, a trader purchasing for reliable purposes has the right to report defects in goods and use the complaint procedure in accordance with the provisions of the Law on Consumer Rights.

X. PROTECTION OF PERSONAL DATA

The Seller may collect the personal data provided by the Customer, including, in particular, the data provided during the placement of the Order and for the purpose of its execution.
Personal data collected by the Seller is processed in accordance with the provisions of the applicable law, including the Act of August 29, 1997 on the protection of personal data (Journal of Laws 1997 No. 133 item 883, as amended) and the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2002 No. 144 item 1204, as amended).
The vendor makes the utmost effort to protect the privacy of the data provided to it and, to this end, uses appropriate physical, technical, IT and organizational measures.
The Seller processes personal data only on the basis of the authorization to process data and only for the purpose of carrying out the Order or the Service, and data archiving, as well as for other purposes specified in the Regulations.
Provision of personal data by Customers is voluntary. The Customer has the right to access his/her data, correct them, as well as request the Seller to remove them. The Seller may refuse to remove the Customer’s data only if the Customer has violated by his/her behavior in the Online Store the applicable laws or provisions of the Terms and Conditions, and the retention of the Customer’s personal data by the Seller is necessary to determine the Customer’s responsibility and the circumstances of such violation.
In order to complete an Order or provide certain Services, the Seller may entrust the Customer’s personal data to other entities, including in particular:Przelewy24, DPD, Inpost, ASCO Information Systems;
Provision of personal data by Customers is voluntary. The Customer has the right to access his/her data, correct them, as well as request the Seller to remove them. The Seller may refuse to remove the Customer’s data only if the Customer has violated by his/her behavior in the Online Store the applicable laws or provisions of the Terms and Conditions, and the retention of the Customer’s personal data by the Seller is necessary to determine the Customer’s responsibility and the circumstances of such violation.

XI. FINAL PROVISIONS

All rights to the Online Store, including intellectual property rights to the name, domain, website, logos belong to the Seller, and the use of these rights may be carried out only in the manner specified and in accordance with the Terms and Conditions.
In all matters arising from the contract concluded between the Seller and the Customer who is not a Consumer, Polish law will apply.
Settlement of any disputes arising between the Seller and the Customer who is not a Consumer shall be submitted to the court having jurisdiction over the seat of the Seller.
The Seller is obliged to notify the Customer of any changes to these Regulations:
1. on the home page of the Online Store and
2. electronically to the e-mail address, if the Customer has an Account or has ordered the sending of commercial information.
The notification will include a summary of the changes and the deadline for their validity, with the deadline being no less than 14 days from the date of notification.