ONLINE SHOP REGULATIONS
(become effective from 25.12.2014)
The Regulations specify the rules of sales via online shop which operates through the website: www.pestcontrolstore.eu
It is a document required under the art. 13 of the Act of 30 May 2014 on consumer rights (Dz. U. 2014, item 827).
Sales agreement is concluded in the territory of Poland and is a subject to the Polish law. The products offered by the company have the required documents which ensure the right to their sales in Poland.
The owner and administrator of the shop is the company:
Registration data and company name: TEDAN.PL Mateusz Skwirut
Registered office address and correspondence and delivery address:
ul. Górczewska 228 B/U4
Contact: +48 (22) 304 97 18 e-mail: firstname.lastname@example.org
Registration data – register and number: The company is registered to Central Registration and Information on Business (CEIDG – Centralna Ewidecja i Informacja o Działalności Gospodarczej)
EU VAT: PL5222807094, REGON: 142637291
1. Online shop – the shop operating through the website: www.pestcontrolstore.eu in which sales agreement is concluded in the electronic form and takes place under the terms and conditions determined in the Act of 30 May 2014 on consumer rights (Dz. U. 2014, item 827).
2. Seller – the company.
3. Customer – a natural person with full legal capacity (i.e. a person aged over 18 who is not fully or partially incapacitated) and a natural person with limited legal capacity (i.e. a person aged 13 to 18 as well as persons partially incapacitated) who received a prior agreement from his or her statutory representative and who concludes or intends to conclude agreement or uses other services provided in the website of the online shop.
4. Registered customer – a User who entered into agreement concerning sales provision via Internet with the Service Provider through the registration in the Shop and the acceptation of Regulations.
5. Product – an item which is offered for sale in the online shop.
6. Regulations – the present Regulations of the online shop in their current wording.
7. Sales agreement – a sales agreement of a product concluded at a distance via the online shop.
8. Order – a declaration which is made online and expresses the willingness to conclude an agreement (concerning the ordering of a product or a service).
9. Cookies – information which is saved by server on a computer or another User’s terminal device (Customer) in a text file which can be read by the server during the following connection from the computer or another User’s terminal device (Customer).
10. Newsletter – a service which is provided in the electronic form; it consists in sending of commercial and advertising information to the interested persons to the e-mail address provided by them.
II. General Provisions
1. The range of activity – mail order of disinfectants, pest control substances and professional cleaning products.
2. The Seller – in order to facilitate the conclusion of agreement the company provides the following services through the webpage of the Online shop:
2a. registration and administration of the Customer’s account in the online shop;
2b. processing of an order form in the online shop
2c. after the Customer’s agreement – sending commercial information, promotional offers etc. in the form of the “Newsletter” service.
3. The provision of electronic services in the abovementioned range is free of charge.
4. The agreement on the provision of electronic service in the range of maintaining and administering of the Customer’s account on the Webpage is concluded for an indefinite period. The agreement is concluded on the completion of the Customer’s registration process on the Webpage.
5. The agreement on the provision of electronic service which enables placing an Order in the Online shop through the completion of the order form is concluded for a specified period – for the period of completing and processing of the order – and is terminated as soon as the Order is placed and accepted.
6. The “Newsletter” service is accepted for an indefinite period. The Agreement is concluded when the Customer agrees that he or she shall receive messages to his or her e-mail address specified during the registration.
7. The Consumer may withdraw from the agreement on the provision of sales service without providing reasons, but only before the ordered product is sent. Cancellation of order can be done:
7a. - by e-mail
8. Complaints can be submitted on the website after logging into the account or by sending a completed complained form by e-mail. Complaints shall be considered not later than within 30 days. Click the link to download the Complaint form.
9. The Customer has an obligation to enter to the system data which are in accord with the factual state, public decency and is legal. The data that are made available cannot infringe the personal rights and ownership rights of third parties.
10. The Seller is a VAT payer who issues a sales note – an invoice – for every sales transaction.
11. The order can be placed only in the electronic form – on the Online shop Website.
12. Commercial information – price lists, descriptions, advertisements and other information concerning Products which are included in the website of the Shop are a form of invitation to the conclusion of agreement within the meaning of Art. 71 of Civil Code.
13. Promotional sales and sale encompass a limited number of Products and the execution of orders takes place according to the order of payments received for the Products on the Seller’s bank account until the stocks which refer to this form of sales are exhausted.
14. The resolutions of the hereby Regulations take into account all rights of the Customer who is at the same time the Consumer, within the meaning of the provisions of the Act of 23 April 1964 of the Civil Code (Dz. U. No. 16, item 93, with later amendments), to the rights of which he or she is entitled under the applicable law. In case the provisions of the hereby Regulations should be incongruent with the abovementioned provisions, the latter ones have primacy over the former ones.
1. The Online shop executes the orders with delivery to Poland and other European Union countries.
2. Prior to the placement of order the Customer has to read the Regulations. The fact of being acquainted with them and accepting all provisions of the Regulations are expressly confirmed by him or her during the registration in the system and before the final confirmation of the order. Without such a confirmation the order form will not be accepted.
3. The order can be placed in the electronic form 24 hours a day, 7 days a week.
4. If agreement stipulates that it entails the obligation to pay on the part of the Consumer – to ensure the validity of the agreement the Consumer has to confirm that he or she realises the necessity of paying the amount which is specified in the agreement, and provide declarations through the acceptation of the order by the form: “PLACE ORDER”.
5. The execution of order (the preparation and shipping of Products) by the Seller takes place on the receipt of the payment on account.
6. The order delivery date for products which are available on stock amounts to no more than 5 working days, which are counted from the date specified in the previous point. The order delivery date for customer-specific products shall be specified along with the order placement.
7. The Seller is obliged to provide the Customer with the purchased product immediately, not later than within 30 days of the conclusion of agreement, unless otherwise indicated in the agreement. In the case of delay of the Seller the Consumer has a right to determine another date of delivery, and after its lapse he or she can withdraw from the agreement.
1. The prices of the offered products are in the Polish currency or € or £ and they are gross prices (they allow for the taxes required under the law including VAT).
2. The prices are retail prices and do not incorporate discounts. Discounts can be allocated on an individual basis.
3. The prices of the products do not comprise delivery costs. The exact delivery cost is determined during the receipt of order and depends on the shipping method and the cost of order. During the completion of order form the Customer chooses shipping and payment method and accepts his or her choice.
4. The final price for the Customer is the price specified upon the placement of order.
V. Forms of payment
1. Advance payment – made by transfer to the bank account provided among the Seller’s data or in the order confirmation;
2. On-line PayPal system of payment – a system administered by PayPal (Europe) S.à r.l. et Cie, S.C.A. (registered in R.C.S. Luxembourg under the number B 118 349) with registered office in Luxembourg, L-2449, holding a valid licence as a Luxembourg credit institution within the meaning of Art. 2 of the Act on financial sector of 5 April 1993 (with later amendments), hereinafter referred to as the “Act”, and is subject to the strict supervision of Luxembourg control body – Commission de Surveillance du Secteur Financier (Financial Sector Supervisory Commission);
3. If the Customer decides to make advance payments by transfer, he or she is obliged to make payment ensuing from the sales Agreement within 7 days from its conclusion, unless the parties agree otherwise.
1. Shipping costs (delivery costs) are charged in compliance with current price lists of courier firms and depend on the weight and size of dispatch, and the shipping mode. On completion of the online sales form, the Customer is informed about the costs, selects the shipping mode and accepts the cost of delivery along with the Order placement.
2. Details regarding the costs and modes of shipping are stipulated in the “Delivery” section o the Online shop’s website (at the bottom).
3. Delivery costs are covered by the Customer, unless the description of the offer states otherwise.
4. The purchased products are sent by UPS courier firm.
VII. The right to withdraw from Agreement (return of goods) in the case of distance selling
1. Pursuant to Art. 27 of the Act on consumer rights (Dz. U. 2014, item 827) the Consumer who concludes “distance selling agreement” has a right to withdraw from it without providing reasons, within 14 calendar days from the date of receiving of the Product. The sold goods are considered to be given to the Buyer the moment the Seller passes the goods to the haulier, provided that the Seller had no influence over the selection of the haulier made by the Buyer.
The deadline shall be met by the Buyer when within this time framework he or she submits to the Seller the declaration of withdrawal from agreement. It is important that the declaration be sent in the electronic form. After the declaration is submitted in the electronic form, the Seller will immediately send the Consumer a notice of the receipt of the declaration of withdrawal from agreement.
2. Having sent the declaration, the Consumer has 14 calendar days (counted from the date of sending of the declaration) to send back the product to the correspondence address as stated in the data of the Seller, unless the Seller offered to collect the Product. Date of dispatch will decide on whether the deadline is met.
3. The Consumer has a right to the return of goods only if the product shows no signs of usage.
4. The Seller will return to the Buyer all payments within 14 calendar days from the date of the receipt of the declaration. However, the Seller can withhold from the return of payments until the reception of the product. The Seller returns payments by means of the same payment method which was used by the Consumer, unless the Consumer clearly agreed to another form of return which does not incur any additional costs for him or her.
5. The direct costs of the return of the Product to the Seller are covered by the Consumer (Customer).
6. The Seller does not accept dispatches which are sent by cash on delivery.
7. The return dispatch should be properly protected against transport damage.
VIII. Liability for the warranty and guarantee concerning the sales of goods to the Consumer
1. The Seller is bound to the delivery of a Product, being the subject of agreement, without defects.
2. The Seller is exempt from the liability for warranty if the Consumer was aware of the defect on signing of agreement.
3. If the Consumer identifies a defect or incongruence of the delivered Product with Agreement, the Consumer has a right to file a complaint.
4. In order to file a complaint the Consumer needs to fill in a complaint protocol (Complaint Protocol.doc) or describe the reasons for complaint and demands with regard to the reparation of defects in another form, and send it in the electronic form (e-mail) or by mail to the Seller’s correspondence address as specified in the letterhead.
5. If the sold item has a defect, the Customer can submit an application with a request for the reduction of the price or the declaration of withdrawal from agreement, unless the Seller replaces the defective item for the product free from defects, or repairs the defect immediately and without undue inconvenience.
6. The reduced price should be proportional to the price which was agreed on in the agreement so that it will equal the value of the faulty product compared to the product free from defects.
7. The Buyer cannot withdraw from the agreement if the defect is insignificant.
8. If the sold item has a defect, the Buyer can demand the replacement of the item for the one without defects or demand the repair of the defect. The Seller is required to replace the faulty item for a product free from defects within a reasonable time and without undue inconvenience for the Buyer. The Seller can refuse to comply with the Buyer’s demand if making the product congruent with the agreement in a way chosen by the Buyer is impossible, or if in comparison to the second method of making the product congruent with the agreement, it requires excessive costs.
9. The Seller shall consider the complaint without undue delay, not later than within 30 calendar days from the date of the receipt of complaint, and will inform the Consumer about the status of the complaint by post or e-mail.
10. If the complaint is accepted, the Seller will return to the Consumer all costs connected with the complaint and incurred by the Consumer. The Seller will pay the due amount to the Consumer’s bank account or by postal order.
IX. The processing and protection of personal data
1. All personal data which are provided in the process of order placement are used only for the conclusion, changes or dissolution of the Agreement between the Service provider and the Consumer and for the realisation of sales Agreement or the Agreement on the provision of electronic service or the execution of order and are not made available to other institutions and third parties – with the exception of those described in point 2. Data gathering and processing is performed in accord with the Act of 29 August 1997 on protection of personal data (Dz.U No. 133, item 883, with later amendments).
2. In the case of sales of products through the Online shop, in order for the products to be delivered, the Consumer’s personal data which are necessary for the addressing and delivery of the dispatch are transferred to the companies whose business activity involves dispatch deliveries - in particular to a courier firm – together with the dispatch and in the case of using the online system of direct payments to the administrator of the payments system.
3. The administrator of personal data of the Consumer which are gathered by the Online shop is the company: Tedan.pl Mateusz Skwirut
4. If the Customer subscribes to the “Newsletter”, he or she will receive it to the provided address. Unsubscribing from the service is possible at any moment.
5. The Customer has the access to his or her data. The data can be amended or the Consumer can demand that they should be deleted at any moment.
6. The Consumer can voluntarily provide his or her personal data, however, if he or she does not provide personal data which are stipulated in the Regulations and which are necessary for the conclusion of sales Agreement or the Agreement on the provision of electronic service, the conclusion and execution of this agreement can be impossible. The Consumer expressly agrees to the registration and processing of personal data prior to the registration in the system.
7. The execution of Agreement shall be possible on condition that the following data of the Consumer are provided:
– full name;
– delivery address;
– e-mail address;
– telephone number.
X. Final Provisions
1. The content of the Regulations is available in the section Regulations on the Seller’s webpage at all times and may be copied and printed by the Buyer at any moment. The content of the Regulations can also be sent to the Consumer by mail or e-mail on his or her request.
2. For the issues which are not determined in the present Regulations the following legal provisions shall be applicable, particularly:
• The Act of 23 April 1964 of the Civil Code (Dz.U. 1964 No. 16, item 93, with later amendments);
• The Act of 29 August 1997 on the protection of personal data (Dz.U. 2002 No. 101, item 926, with later amendments);
• The Act of 18 July 2002 on the provision of services in the electronic form (Dz.U. 2013 item, 1422);
• The Act of 30 June 2000 on industrial property law (Dz.U. 2001 No. 49, item 508, with later amendments);
• The Act of 4 February 1994 on copyright and neighbouring rights (Dz.U. 2006 No. 90, item 631, with later amendments);
• The Act of 30 May 2014 on consumer rights (Dz.U. 2014 item 827)
3. Should any regulations included in the hereby document be against those enumerated above or the other Polish regulations – the latter ones shall have primacy over those formulated in the Regulations.
4. Should any of the regulations of this document be considered illegal, invalid or in any other way unenforceable within the limits set by the law, then they shall be severed to the extent determined by the law. In other cases the Regulations shall continue to be effective.
5. All names of the Products which are offered by the Online shop are used for identification purposes and can be protected and reserved based on the provisions of the Act on industrial property law (Dz.U. 2001 No. 49, item 5081, with later amendments).
6. All photos which are used on the Webpage are protected pursuant to the Act of 4 February 1994 on copyright and neighbouring rights (Dz.U. 1994 No. 24, item 83, with later amendments). They cannot be copied without the consent of the Administrator of the website