Regulations of the Czemar Sp. online store. z o. o

Czemar Sp. online store z o. o. operating at the address www.czemar.pl ("Store") is run by Czemar sp. z o. o. based in Wilkowie, ul. Kościelna 10, 46-113 Wilków, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Opole, Commercial Division of the National Court Register under KRS number 0000605867 (“Czemar”, “Seller”).

§ 1

definitions

1. Contact Form – form available on the website www.czemar.pl enabling sending a message to the Seller.

2. Form registration – form available on the website www.czemar.pl enabling the creation of an Account.

3. Form Orders – form available on the website www.czemar.pl enabling you to place an Order.

4. Klient - a natural person with full legal capacity, including a Consumer, a legal person or an organizational unit that is not a legal person but has legal capacity, using the Store, in particular purchasing Products.

5. Consumer - A Customer who is a natural person who performs a legal transaction not directly related to his business or professional activity or who is a natural person who has concluded a contract for the sale of Products directly related to his business activity, when the content of this contract shows that it is not of a professional nature for him, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity

6. Account – marked with an individual name (login) and password, a set of resources in the Seller's IT system in which the Service Recipient's data is collected, including information about placed Orders.

7. Newsletter  – Electronic Service allowing the Service Recipient to subscribe and receive free information from the Seller regarding the Store and the Products available in it to the e-mail address provided by the Service Recipient.

8. Products – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.

9. Terms of Use - these Store regulations.

10. Shop – Seller's online store operating at www.czemar.pl

11. Dealer - Czemar sp. z o. o. based in Wilkowie, ul. Kościelna 10, 46-113 Wilków, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Opole, Commercial Division of the National Court Register under KRS number 0000605867, e-mail address: sklep@czemar.pl

12. Agreement Sales - Product Sales Agreement concluded between the Customer and the Seller via the Store.

13. The Client - a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity to use the Electronic Service.

14. Order - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller.

§ 2

General provisions

1. The store operates on the terms set out in these Regulations.

2. Terms of Use specifies the rules for the use of the Online Store by Customers, in particular: placing Orders for Products available in the Store, delivering the ordered Products to the Customer, payment by the Customer of the sales price of the Products, the Consumer's right to withdraw from the Product sales contract and the rules for submitting and considering complaints.

3. Each Service Recipient is obliged to comply with the provisions of these Regulations.

4. In order to use the Store, including browsing the Product range and placing Orders, the Customer's IT system should meet the following minimum technical requirements:

   • active connection to the Internet allowing for mutual communication via the HTTPS protocol,

   • properly installed web browser supporting the following standards: • HTTP and HTTPS • HTML 5, XHTML and XML • CSS 3 • JavaScript (including DHTML) • graphics in the following formats: JPEG, PNG, GIF, SVG • document object model (DOM) • cookies ( accepting cookies is a function usually enabled by default in the browser).

5. The Customer is entitled and obliged to use the Store in accordance with its intended purpose.

6. The Customer undertakes not to take any actions that could affect the proper functioning of the Store, in particular, to interfere in any way with the content of the Store, including customer accounts, or its technical elements, to provide false data or to use third-party instruments. payment or financial means to purchase Products.

7. The Customer undertakes not to provide content that is illegal or contrary to decency.

8. If the Store is used by a legal person or an organizational unit that is not a legal person but has legal capacity, the natural person who uses the Store on its behalf or places an Order confirms that it has the right to represent such entity.

9. The Seller is not responsible for any disruptions, including interruptions in the operation of the Store, caused by incompatibility of the Customer's technical infrastructure with the Store.

§ 3

Ways to use the Store

1. The Customer may use the Store as:

a) a Customer who has an Account and uses the Store after logging in to the Account; or

b) in the "Shopping without registration" formula - without logging in or registering an Account.

2. In order to make purchases using the Account, you must register an Account in the Store by completing the registration form by providing: name and surname, login, postal address, e-mail address. When making a purchase, you must also provide the delivery address and the buyer's details in order to issue an invoice, if this information is different from the data provided during Account registration.

3. In case of making purchases without registration, the Customer is obliged to complete the order form before placing the Order by providing: email address; name and surname, postal address, country, telephone number.

4. In the case of Entrepreneurs, the above scope of data is additionally extended to include the Entrepreneur's company; number nip.

5. To place an order, it is necessary submitting a declaration of acceptance of the Regulations.

§ 4

Product Information

1. The products offered in the Store are new or used.

2. The prices of all Products available on the Store's website are gross prices (including VAT) and are expressed in Polish zlotys.

3. Product prices do not include delivery costs. Delivery costs are provided when the Customer chooses the method of Product delivery.

4. Information about the price of the Product covered by the Order is binding from the moment the Seller receives the Order.

5. The Seller may change the prices of the Products offered in the Store, delivery costs and post information about new Products, withdraw them from the assortment, carry out promotional campaigns on the Store's website or introduce changes to them in a way that does not violate the rights acquired by the Customer. The Seller confirms that the exercise of the rights referred to in the previous sentence does not affect the Order placed by Customers before the date of entry into force of a specific change.

6. The Customer has no right to copy or use photos and descriptions of Products, or any information contained in the Store for purposes other than browsing and purchasing Products in the Store, unless otherwise provided for in generally applicable regulations. The Customer acknowledges that using photos, Product descriptions or other information contained in the Store beyond the scope permitted by law may constitute a violation of copyright and other intellectual property rights.

§ 5

Shopping

1. Orders in the Store can be placed via the Store's website available at: www.czemar.pl

2. The Customer may place an Order in two ways - by using the Account or without registration, as referred to in §3 above.

3. Orders in the Store can be placed twenty-four (24) hours a day throughout the calendar year, provided that Orders placed after 13 p.m. and on public holidays will be processed on the next business day. The availability of the Store may be limited by the Seller in order to perform repair or modernization works, about which the Seller will inform accordingly.

4. To place an Order, go to the "Cart" section, where the Customer should indicate the selected Product and quantity. After completing the Basket, select the delivery address (if different from the Customer's address provided in the Account settings). If the Customer places an Order without registering an Account under the "Shopping without registration" formula, the Customer should provide the data referred to in §3 above, including the delivery address. After specifying the delivery address, information about the delivery costs of the Order will appear. After accepting the delivery costs of the Order, information summarizing the Customer's Order will appear, including information about: the ordered Products and their number; price of the ordered Products and delivery costs of the Order (including information on the total amount to be paid including the price of the ordered Products and delivery costs of the Order). To place an Order in the Store, click on the "Order and pay" button. The Customer's submitted Order will be sent to the Seller, and the Customer will be redirected to the page for selecting the payment method and date. This website of the Store will present information about payment methods and terms in the Store and about possible restrictions on delivering and accepting payments.

5. Placing an Order by the Customer means concluding a sales (purchase) contract in accordance with the content of the Order and obliges the Customer to collect the Products and pay the price of the Products and delivery costs specified in the Order.

6. Immediately after placing the Order, the Seller sends confirmation of placing the Order to the Customer's e-mail address indicated in the Account or in the order form ("Shopping without registration"). Then, the Customer will receive information about the commencement of the Order execution, and together with it, the Seller will provide the Customer with Confirmation of the Conclusion of the Sales Agreement. The sale of the Online Store is documented by proof of purchase (VAT invoice), issued to the Customer's data provided when placing the Order.

7. Confirmation of the Conclusion of the Sales Agreement will also be provided to the Customer in paper form attached to the Product.

8. The Customer will be informed by the Seller about changes in the status of the Order execution via e-mail to the Customer's e-mail address indicated in the Account or in the order form ("Shopping without registration"). Once the ordered Products are shipped, the Customer will receive confirmation of their shipment.

§ 5

Payment methods

1. The Seller provides the Customer with the following payment methods under the Sales Agreement:

1. 1. electronic payments;

   2. payment card payments via the PayU.pl website,

   3. payment in cash, in the case of personal collection of the Product at the Seller's office.

2. Settlements of transactions with electronic payments and payment cards are carried out in accordance with the Customer's choice via the PayU.pl website. The service of electronic payments and payment cards is provided by:

1. PayU.pl - PayU SA with its registered office in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, registration files kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, share capital in the amount of PLN 4.000.000 fully paid, NIP: 779-23-08-495.

3. Payment deadline: In the case of electronic payments or payments by payment card, the Customer is obliged to make the payment immediately. In the case of personal collection, the Customer is obliged to make payment upon receipt of the Product.

§ 6

Cost, Methods and Delivery Date of the Product

1. Product delivery costs, which are covered by the Customer, are determined during the Order placement process and depend on the method of delivery of the purchased Product.

2. The Seller provides the Customer with the following Product delivery methods:

• courier delivery.

• personal collection at the Seller's office

3. The delivery time of the Product in Poland is up to 7 business days and is counted from the moment of positive authorization of the transaction by the electronic payment system.

4. The delivery time of the Product outside Poland is 14 days and is counted from the moment of positive authorization of the transaction by the electronic payment system.

5. Products purchased in the Store are sent via a courier company only to European countries and Great Britain.

§ 7

Withdrawal from the contract

1. The Consumer has the right to withdraw from the sales contract for the Product purchased in the Store without giving a reason within 14 (fourteen) days from the date on which the Consumer came into possession of the Product or a third party other than the carrier and indicated by the Consumer came into possession of the Product.
2. If the Consumer exercises the right of withdrawal, he/she is obliged to inform the Seller within the time limit specified in section 1 above.
3. To meet the deadline, it is enough to send a declaration of withdrawal before the deadline to the following address: Czemar Sp. z o. o., ul. Kościelna 10, 46-113 Wilków or to the e-mail address: sklep@czemar.pl
4. The Consumer should attach a copy of the proof of purchase or another document confirming the conclusion of the sales contract to the declaration of withdrawal.
5. A declaration of withdrawal from the contract may be submitted using the form, a template of which is available on the website at: www.czemar.pl however, using the form is not obligatory.
6. The Consumer may withdraw both in respect of the entire Order (and then the withdrawal will be effective in relation to all Products included in the Order), as well as in relation to only some of the Products included in the Order (and then the contract will continue to apply in relation to the remaining Products included in the Order). , in relation to which no withdrawal from the contract has been made).
7. In the event of withdrawal from the contract, the Consumer is obliged to return the Products at his own expense, in respect of which he withdrew from the contract with the Seller, immediately, but no later than within 14 days from the date on which he withdrew from the contract with the Seller.
8. To meet the deadline, it is enough to return the items before its expiry.
9. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the contract, return to the Consumer all payments made by him, including the costs of delivery of the Products to the Consumer (except for additional costs resulting from the method of delivery of another method chosen by the Consumer). than the cheapest usual method offered by the Seller). However, the Seller may withhold the refund of payments received from the Consumer until he receives the Products back or the Consumer provides proof of sending them back, depending on which event occurs first.
10. The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
11. For the avoidance of doubt, the Seller informs that the Consumer is not entitled to withdraw from a contract concluded remotely in relation to contracts: (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after after the Seller has completed the service, he will lose the right to withdraw from the contract; (2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the deadline for withdrawal from the contract expires and after the Seller informs him about the loss of the right to withdraw from the contract.

§ 8

Complaints Policy

1. The consumer may submit a complaint according to the procedure described below. The following provisions regarding complaints do not in any way exclude, limit or suspend the Consumer's rights arising from the provisions on warranty for defects in the sold item.

2. If the Product is found to be damaged or inconsistent with the Order (including both the type of Product and the number of Products ordered), the Customer has the right to file a complaint in connection with the delivery/release of a Product that is damaged or inconsistent with the Order. The Customer should submit his complaint immediately, and in any case no later than within 7 days from the discovery of the delivery/release of a damaged Product or the delivery of a Product inconsistent with the Order.

3. A complaint should be submitted:

1. in writing to the following address: ul. Kościelna 10, 46-113 Wilków,

2. in electronic form via e-mail to the following address: sklep@czemar.pl

4. The description of the complaint should include:

1. type and date of occurrence of the defect;

2. requesting a method of bringing the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and

3. contact details of the complainant.

5. The Seller will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a Consumer has requested the replacement of the item or removal of the defect or has submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, it is considered that the request has been considered justified. .

6. The Customer who exercises warranty rights is obliged to deliver the defective Product to the following address: ul. Kościelna 10, 46-113 Wilków.

7. The cost of delivering the Product is borne by the Seller. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.

8. Complaints related to the operation of the Online Store (e.g. incorrectly calculated delivery costs or incorrect Products in the Cart) should be sent to the e-mail address: sklep@czemar.pl

§ 9

Warranty

1. Products sold by the Seller may be covered by a warranty granted by the Manufacturer, which will be indicated in the Product description. The warranty card will be issued with the Product.

2. Exercising warranty rights does not limit the Consumer's rights under the warranty.

3. Warranty rights must be exercised in accordance with the conditions set out in the warranty card. 

§ 10

Responsibility

1. This point of the Regulations and the provisions contained therein apply only to Customers and Service Recipients who are not Consumers.

2. Pursuant to Art. 558 § 1 of the Civil Code The Seller excludes its liability under the warranty towards Customers who are not Consumers.

3. The Seller's liability for non-performance or improper performance of obligations arising from the contract for the sale of Products concluded with or on behalf of a Customer who is not a Consumer is limited to the payment of compensation in the amount of the loss actually suffered by the Customer who is not a Consumer, but not higher than the price paid to the Seller by such Customer for Product based on such a contract.

4. The Seller is not responsible for any benefits lost by the Customer who is not a Consumer.

5. In the event of overlap between contractual and tort liability, a Customer who is not a Consumer may seek compensation for damage only on the basis of these Regulations and within the limits specified above.

6. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

7. When the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer. In such a case, the Seller is not responsible for the loss, loss or damage of the Product occurring from its acceptance for transport until its delivery to the Customer and for any delay in the transport of the shipment.

8. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that the Product was lost or damaged during transport, he is obliged to perform all actions necessary to establish the carrier's liability.

9. Any disputes arising between the Seller and a Customer who is not a Consumer shall be submitted to the court having jurisdiction over the Seller's registered office.

§ 11

Personal data

Detailed provisions regarding the protection of personal data and privacy policy can be found in the Privacy Policy, which is available on the Store's website in the "Privacy Policy" tab.

§ 12

Information on out-of-court methods of dealing with complaints and pursuing claims for consumers

1. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), whose task is to including providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.

3. The Consumer or Entrepreneur-Consumer has the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims: (1) application for resolution of the dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl /); (2) an application for out-of-court settlement of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220.

4. At the address http://ec.europa.eu/consumers/odra platform for an online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) is available. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).

§ 13

Miscellaneous

1. The regulations are valid from December 01.12.2022, XNUMX.

2. The Regulations are available in the footer of the website at www.czemar.pl and at the Seller's office located at: street Kościelna 10, 46-113 Wilków.

3. The Seller may change these Regulations at any time. The changes will not violate the rights acquired by the Customer, and in relation to Orders placed before the date of entry into force of the amendment to the Regulations, the Regulations in the version in force on the date of placing the Order shall apply.

4. The Seller will inform Customers about changes to the Regulations by sending information about such a change together with the content of the amended Regulations to the e-mail contact address provided by the Customer when registering the Account and will post information about the change to the Regulations on the Store's website.

5. The change to the Seller's Regulations will enter into force within 14 days of being informed about such a change. A customer who does not agree to the change in the Seller's Regulations should stop using the Store.

6. In matters not covered by these Regulations, the following provisions shall apply:

   1. Act on the provision of electronic services of July 18, 2002,

   2. Act on Consumer Rights of May 30, 2014,

   3. Act on out-of-court resolution of consumer disputes of September 23, 2016,

   4. the Civil Code of April 23, 1964 and other relevant provisions of Polish law.