REGULATIONS FOR THE ONLINE STORE
These Regulations define the general conditions, rules and manner of sale conducted by Magdalena Świerlikowska, running a business under the name CARPETS & MORE Magdalena Świerlikowska with registered office in Warsaw, via the online store www.carpetsandmore.pl (hereinafter: “Online Store”) and defines the rules and terms and conditions for the provision of free electronic services by Magdalena Świerlikowska, who runs a business under the name CARPETS & MORE Magdalena Świerlikowska, based in Warsaw.
§ 1 Definitions
- Business days – means weekdays from Monday to Friday, excluding public holidays.
- Delivery – means a factual act of delivery to the Customer by the Seller, via the Supplier, of the Goods specified in the order.
- Supplier – means a courier company with which the Seller cooperates in the field of delivering the Goods.
- Password – means a string of letters, digits or other characters selected by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
- Client – means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Regulations and legal regulations.
- Consumer – means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
- Customer Account – means an individual panel for each Customer, run on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service.
- Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, which the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.
- Regulations – means these regulations.
- Registration – means actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
- Seller – means Magdalena Świerlikowska, running a business under the name CARPETS & MORE Magdalena Świerlikowska with its registered office in Warsaw (02-952), ul. Wiertnicza 169, NIP: 5321384366, REGON: 016161587, entered into the Central Register and Information on Economic Activity conducted by the Minister of Development; e-mail: firstname.lastname@example.org, which is also the owner of the Online Store.
- Shop Website – means the websites where the Seller operates the Online Store operating in the domain www.carpetsandmore.pl.
- Goods – means a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.
- Persistent medium – means a material or tool enabling the Customer or the Seller to store information personally directed to him in a way that allows access to information in the future for a reasonable period of time for the purpose of this information and which allows the stored information to be restored unchanged.
- Sale agreement – means a sales contract concluded remotely, on terms specified in the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Online Store
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to patterns, forms, logos posted on the Shop Website (except logos and photos presented on The Store’s Website for the purpose of presenting the goods to which copyrights belong to third parties) belong to the Seller, and the use of them can only take place in a manner specified and compliant with the Regulations and with the Seller’s consent expressed in writing.
- The Seller uses the mechanism of “cookies”, which when used by customers from the Store Website, are saved are on the hard drive of the Customer’s end device by the Seller’s server. The use of “cookies” is aimed at correct operation of the Store Website on the end devices of customers. This mechanism does not destroy the client’s end device and does not cause any configuration changes in the client’s end devices or software installed on these devices. Each customer can disable the “cookies” mechanism in the web browser of his terminal device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store Website.
- In order to place an order in the Online Store via the Online Store Website or via e-mail and in order to use the services available on the Store Website, it is necessary for the Customer to have an active e-mail account.
- It is prohibited to provide the Customer with unlawful content and the Customer’s use of the Online Store, the Shop Website or free services provided by the Seller in a manner contrary to the law, good practices or infringing personal rights of third parties.
- The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet. The seller never asks the customer to provide him with any form of password.
- It is not allowed to use the resources and functions of the Online Store in order to conduct activities by the Customer that would violate the interests of the Seller.
§ 3 Registration
- In order to create a Customer Account, the Customer is obliged to make a free Registration.
- Registration is not necessary to place an order in the Online Store.
- In order to register, the Customer should complete the registration form made available by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual password.
- When filling out the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
- After sending the completed registration form, the Customer shall receive, without delay, by e-mail to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this time, an agreement is concluded for the provision of the Customer Account service by electronic means, and the Customer gains access to the Customer Account and changes made during the Registration of data.
§ 4 Orders
- The information contained on the Store Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation of Customers to submit offers to conclude a Sales Agreement.
- The Customer may place orders in the Online Store via the Online Store Website or e-mail 7 days a week, 24 hours a day.
- A customer placing an order via the Online Store Website completes the order by selecting the Goods he is interested in. Adding the Product to the order is done by selecting the CART item under a given product presented on the Shop Website. After completing the entire order and indicating the method of Delivery and the payment method in the “BASKET”, the Customer places the order by sending the order form to the Seller, selecting “Order with payment obligation” on the Shop Website. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Product and Delivery, as well as all additional costs which he is obliged to incur in connection with the Sale Agreement.
- A customer placing an order via e-mail, sends it to the e-mail address provided by the Seller on the Shop Website. In the message sent to the Seller, the Customer shall provide in particular: the name of the Product, the color and its quantity, from the Goods presented on the Shop Website and its contact details.
- After receiving from the Customer by e-mail the message referred to in §4 para. 4, the Seller sends the return message to the Customer via e-mail, providing its registration data, the price of selected Goods and possible payment methods and delivery method along with its cost, as well as information on all additional payments that the Customer would incur from the Contract of Sale The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. On the basis of information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller indicating the chosen method of payment and the method of Delivery.
- Placing an order is submitting an offer to the Seller by the Customer to conclude an Agreement for the sale of Goods being the subject of the order.
- After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
- Then, after confirming the placement of the order, the Seller sends information about the acceptance of the order to the address provided by the Customer. Information about the acceptance of the order for execution is a statement of the Seller about the acceptance of the offer referred to in §4 subpara. 6 above and upon its receipt by the Customer a Sales Agreement is concluded.
- After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms, sending them on a Durable Medium to the email address of the Customer or in writing to the address indicated by the Customer during the Registration or ordering.
§ 5 Payments
- Prices on the Shop Website placed at the given Product are gross prices and include delivery costs.
- The Customer may choose the following payment methods for ordered Goods:
- a) bank transfer to the Seller’s bank account (in this case, the order will be processed after the Seller sends the confirmation of the order receipt and after the funds have been credited to the Seller’s bank account);
- b) bank transfer to the Seller’s bank account with the option of personal collection at the Seller’s office (in this case the order will be processed immediately after the Seller sends the confirmation of order acceptance and the Goods will be issued at the Seller’s office, upon receipt of funds to the Seller’s bank account) ;
- c) bank transfer through the PayU external payment system, operated by PayU S.A. based in Poznań (in this case, the implementation of the order will commence after the Customer has sent the confirmation of the order and after the Seller receives information from the PayU system about the payment by the Customer);
- d) a bank transfer via an external PayPal payment system, operated by PayPal (Europe) S.à.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, the implementation of the order will begin after sending the Customer a confirmation of the order and after receiving by the Seller information from the PayPal system about the payment by the Customer);
- e) cash on delivery, payment of the Supplier when making the Delivery (in this case, the implementation of the order and its dispatch will be started after the Seller sends the confirmation of the order).
- The Customer should pay for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
- If the Customer fails to make the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make a payment and informs the Customer about it on a Durable medium. Information about the additional payment deadline also includes information that after the expiration of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second deadline for making the payment, the Seller shall send the Customer a Durable Record a statement on the withdrawal from the contract pursuant to Article. 491 of the Civil Code.
§ 6 Delivery
- The Seller realizes the Delivery on the territory of the Republic of Poland.
- The Seller is obliged to deliver the Goods which are the subject of the Contract for sale without defects.
- The Seller shall publish on the Shop Website information on the number of Working Days needed for the Delivery and execution of the order.
- The deadline for Delivery and execution of the order indicated on the Shop Website is calculated in Working Days in accordance with §5 para. 2 of the Regulations.
- Ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
- On the day of sending the Goods to the Customer (if the option of personally collecting the Goods has not been chosen), the information confirming the delivery of the package by the Seller shall be forwarded to the email address of the Customer.
- The customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand from the Supplier’s employee to draw up the proper protocol.
- The customer has the option of personal collection of the ordered Goods. The collection can be made at the Seller’s office on Business Days, during the opening hours indicated on the Website Store, after prior arrangement with the Seller of the date of receipt via e-mail or telephone.
- In the absence of the Customer at the address indicated by him, given when placing the order as the delivery address, the Supplier’s employee will leave an advice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, by specifying the date and cost of the Delivery with the Customer again.
§ 7 Warranty
- The Seller provides the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).
- If the Product has a defect, the Customer may:
- a) submit a statement of price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect.
This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Goods with a product free from defects or to remove defects. Instead of the defect proposed by the Seller, the Customer may request replacement of the Goods free from defects or replace the Goods, requesting that the defect be removed unless it is impossible to bring things into conformity in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excessiveness of costs, the value of the Goods free of defects, the type and significance of the defect is taken into account, and the inconvenience to which the Customer would otherwise expose himself is taken into account.
- b) demand replacement of defective product with one free of defects or removal of defect. The Seller is obliged to replace the defective Product with a product free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer.
- a) submit a statement of price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect.
- The Seller may refuse to remedy the Client’s request if it is impossible to bring the defective Goods into conformity with the Contract in the manner chosen by the Customer or if it would require excessive costs compared to the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.4>The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.
- The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one that is free of defects expires after one year, but the date may not be terminated before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration on the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods free from defects or remedying the defect, the deadline for withdrawal from the Contract of Sale or submitting a price reduction statement starts with the ineffective expiry of the deadline for replacing the Product or remedying the defect.
- Any complaints related to the Products or the implementation of the Sales Agreement, the Customer may submit in writing to the address of the Seller.
- The Seller within 14 days from the date of the request containing the complaint, will address the complaint of the Goods or complaints related to the implementation of the Purchase Agreement notified by the Customer.
- The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to email@example.com. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider complaints and give the Customer a reply.
- The Seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016, on out-of-court resolution of consumer disputes.
§ 8 Warranty
- Goods sold by the Seller may be covered by a guarantee granted by the producer of the Good or the distributor.
- In the case of Goods covered by the guarantee, information regarding the existence and content of the warranty is always presented on the Shop Website.
§ 9 Withdrawal from the Sales Agreement
- A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it without giving reasons within 30 days.
- The running of the period for withdrawal from the Contract of Sale shall commence from the moment the Consumer takes possession of the Good. The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This statement may be made, for example, in writing to the Seller’s address, via e-mail to the Seller’s address. the Statements It can not be submitted on a form, the design of which was posted by the Seller on the Store Website at the following address: The withdrawal form. To meet the deadline, it is enough to send a statement before its expiry. The Consumer may withdraw from the Sales Agreement by submitting to the Seller a statement on the withdrawal via the form available on the website at the following address: Electronic withdrawal form. To meet the deadline, it is enough to send a statement before its expiry. The seller immediately confirms to the consumer receipt of the form submitted via the website.
- In the event of withdrawal from the Sales Agreement, it is considered void.
- If the Consumer submitted a statement on the withdrawal from the Contract of Sale before the Seller accepted his offer, the offer ceases to be binding.
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on the withdrawal from the Contract of Sale, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until receipt of the Goods back or delivery by the Consumer of proof of sending back the Goods, depending on which event occurs first.
- If the Consumer using the right of withdrawal has chosen the method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The Consumer is obliged to return the Merchandise to the Seller immediately, but not later than within 14 days from the day on which he resigned from the Contract of Sale. To meet the deadline, it is enough to return the Goods to the Seller’s address before the deadline expires.
- In the event of withdrawal, the Customer who is a Consumer bears only the direct cost of returning the Goods.
- If, due to its nature, the Product cannot be returned by normal mail, the Seller informs the Consumer about the costs of returning items on the Shop Website.
- The Consumer shall be liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
- The Seller shall return the payment using the same method of payment as the Consumer used, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
- The right to withdraw from the Purchase Agreement shall not be granted to a Customer who is a Consumer in relation to contracts in which the Good is a non-prefabricated item, manufactured according to the Consumer’s specification or serving to satisfy his individual needs.
- The right to withdraw from the Sales Agreement is not payable to the Customer who is a Consumer in relation to contracts in which the Goods are delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery .
§ 10 Unpaid services
- The Seller provides free electronic services to Clients:
- a) Contact form;
- b) Running a Customer Account.
- The services indicated in §10 para. 1 above are provided 7 days a week, 24 hours a day.
- The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned above, which will inform Clients in a manner appropriate to the change in the Regulations.
- The Contact Form service consists in sending a message to the Seller using the form placed on the Shop Website.
- Cancellation of the unpaid service The contact form is possible at any time and consists in ceasing to send inquiries to the Seller.
- The Customer Account Service is available after registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel within the Online Store Website, enabling the Customer to modify the data he provided during the Registration, as well as tracking the status of orders and order history already completed.
- The Customer who has registered may submit a request to delete the Seller’s Customer Account, however, if the Customer requests the Customer’s account to be removed by the Seller, it may be deleted within 14 days of the request being made.
- The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller or other Customers, violation of the law or the provisions of the Regulations by the Customer, and also when blocking access to the Customer Account and free services it is justified by security reasons – in particular: breaching the security of the Store’s Website or another one by the Customer with hacker activities. Blocking access to the Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 11 Protection of personal data
§ 12 Termination of the contract (not applicable to Contracts of sale)
- Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the above-mentioned. contract and provisions below.
- The Customer who has registered shall terminate the contract for the provision of electronic services by sending to the Seller an appropriate declaration of intent, using any means of remote communication, enabling the Seller to read the Customer’s declaration of intent.
- The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during the Registration.
§ 13 Final provisions
- The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Seller shall be liable only in case of intentional damage and within the limits of actual losses by the Client being the Entrepreneur.
- The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store’s Website.
- In the event of a dispute arising out of the concluded Sales Agreement, the parties shall endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
- The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or websites of entities authorized to deal with disputes out of court. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at http://ec.europa.eu/consumers/odr/ there is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform).
- The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which was in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Shop Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations on amendments to the Regulations by means of an e-mail message containing a reference to the text of the amended Regulations. In the event that the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of §12 of the Regulations.
- Regulations come into force on 25/05/2018.
A model withdrawal from the Sales Agreement
(this form should be filled in and returned only if you wish to withdraw from the contract)
CARPETS & MORE,
ul. Wiertnicza 169,
: +48 22 112-01-39
I hereby inform about my withdrawal from the sales contract of the following:
…………………………………………………………………………………………………………………………………. ……………………………………… ..
Date of receipt of the Goods: …………………………………………………………………………………………………………………… .. ….
Consumer’s name and surname: ……………………………………………………………………………………………………………………… …. …
Consumer’s address: …………………………………………………………………………………………………………………………… ……… .. ……
Consumer’s signature (only if the form is sent in paper version)