1. § Definitions
The terms used in these regulations have the following meanings:
A: User – a natural person using the Services in accordance with these Regulations;
B: Regulations – these regulations for the provision of electronic services;
C: Website – website, available at www.poldingroup.pl
D: Service provider – PoldinGroup Sp. z o.o. Address: 31-11 Kraków, entered in the Register of Entrepreneurs of the National Court Register by the District Court for Kraków-Śródmieście in Kraków, under the KRS number: 0000599106 NIP: 6793121781, contact phone number: +48 537 136 605, contact email address: poldingroup @ gmail.com
E: Order – a hardware order placed by the User via the Website, carried out to the User’s place of residence, stay or work during regular deliveries carried out by PoldinGroup Sp. z o.o.
2. § General provisions
A: These regulations specify the terms and conditions for the provision of electronic services via the Website
B: The Service Provider is the Service Provider.
C: These Regulations are the regulations referred to in art. 8 of the Act of July 18, 2002 on the provision of electronic services
3. § Services provided electronically
1. Services provided by the Service Provider via the Website (hereinafter referred to as “Services”) include:
1.1. Informing Users about the offer of PoldinGroup Sp. z o.o .;
1.2. enabling Users to place Orders;
1.3 enabling the submission of complaints;
2. The Services are intended for all Internet users, with the proviso that the Services referred to in § 3 para. 1 points 1.2 to 1.3 are intended for natural persons with full legal capacity. Persons with limited legal capacity (including persons between 13 and 18, not completely incapacitated) may use the Services referred to in § 3 paragraph 1 points 1.2 to 1.3, with the consent of his legal representative (e.g. a parent).
3. Services referred to in § 3 para. 1 of the Regulations, are provided free of charge. Placing an Order using the Service is subject to the obligation to pay in accordance with the information provided in Website
4. As part of using the Services, the User may not provide illegal content, including:
4.1. information and data prepared in a way that creates a risk of breach of IT security or stability of the Website;
4.2 information that infringes intellectual property rights, including copyright and trademark rights of the Service Provider or third parties;
4.3. other information and data that violate mandatory legal provisions.
4. § Placing Orders
1. Orders are carried out in the territory of the Republic of Poland.
2. Payments for the Order may be made, on the User’s choice, on delivery – in cash or online using the PayU S.A., PayPal payment system
3. In order to place an Order, the User should:
3.1. Select the Order type;
3.2. Complete the following fields on the Order form: city, street and building number, mobile phone;
3.3. Select the ordered goods offered by PoldinGroup Sp. z o.o. from the offer on the Website by selecting them, choosing the number of pieces, quantity or size of a given product and making possible modifications to the given product, if such a possibility has been provided for the given product;
3.4. choose the payment method;
3.5. accept the Order with the “order and pay” button.
4. After completing all the steps described in § 4 para. 3 The order is accepted for implementation.
5. The Service Provider reserves the right to confirm by phone the fact of placing the Order using the telephone number provided by the User when placing the Order.
6. Orders can be placed by Users acting on behalf of other entities, including legal persons and organizational units without legal personality.
7. After placing the Order, the User may receive a VAT invoice covering the given Order. In order to receive a VAT invoice along with the execution of the Order, the User should select the “VAT invoice” option when placing the Order and provide the recipient’s details displayed on the VAT Invoice
5. § Technical requirements
1.The technical condition for the proper use of the Website and the Services provided through it is the use of a personal computer with access to the Internet, equipped with the operating system (Windows, Mac OS, Linux or similar) and the Internet browser Internet Explorer, Opera, Firefox, Google Chrome or Safari in the current version.
2.Website is also adapted to display on portable devices such as a smartphone, tablet or palmtop. The technical condition of using the mobile version of the Website is the use of a mobile device with access to the Internet, equipped with one of the popular web browsers in the current version (Android Browser, Chrome Mobile, Internet Explorer Mobile, Opera Mini or Safari Mobile).
6. § Withdrawal from the purchase and sale agreement
Pursuant to the provisions in force, the User who is a consumer may withdraw from the contract without giving reasons, by submitting a relevant statement in writing within 14 days of issuing the question.
1. For effective withdrawal from the contract, a letter with a statement should be sent to the Service Provider’s address before the deadline indicated above.
2. In the event of withdrawal from the contract, the contract is considered null and void, and the parties are required to return what they have rendered unchanged, unless a change was necessary in the ordinary course of business. The user sends the goods at his own expense.
3. The return of goods should take place immediately, no later than within 14 days from the date of sending the declaration. If the User sends a statement of withdrawal from the contract together with the goods, the deadline is 14 days from the date of delivery. Returned goods cannot be used, except for those necessary for the Customer to check the compliance of the goods with the order.
4. The reimbursement takes place immediately, no later than within 14 days from the date of receipt by the Service Provider of a statement of withdrawal from the contract. In the absence of returning the goods, the Service Provider reserves the right to keep the sale price until the return of the goods. The price is refunded to the bank account indicated in the statement of withdrawal from the sales contract.
5. The products described in the Act of 30 May 2014 on consumer rights Art. 38 are not refundable. The right to withdraw from a contract concluded outside the business premises or at a distance is not entitled to the consumer in relation to contracts: point 3) in which
the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; point 4) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life; point 5) in which the subject of the service is an item delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
6. The Service Provider does not accept any parcels and returns of goods by post or cash on delivery.
7. The Service Provider is responsible for the ordered product up to the price.
7. § Complaints about Orders
1. The Service Provider is obliged to complete Orders without defects. The Service Provider is liable to the User under the warranty for physical and legal defects of the subject of the Order on the principles set out in the Civil Code.
2. Complaints regarding Orders may be submitted:
2.1. To the Service Provider’s e-mail address (firstname.lastname@example.org);
2.2. by mail, to the Service Provider’s postal address.
3. The complaint should contain the data of the person submitting the complaint (name and surname, correspondence address, optionally – e-mail address and contact telephone number), an indication of the reason for the complaint and the content of the request.
4. Unless the shorter consideration time of the complaint is due to the mandatory provisions of law, complaints shall be considered by the Service Provider within 14 days of their receipt, subject to paragraph 6 – 7 below.
5. The Service Provider will inform the person submitting the complaint about the manner in which the complaint is dealt with by letter sent to the address provided in the complaint or by e-mail – depending on how the complaint is lodged.
6. Complaints regarding physical or legal defects of the goods covered by the Order are dealt with in accordance with the provisions of the Civil Code on warranty for defects.
7. If the User who is a consumer pursuant to the provisions on warranty for defects requests replacement of the products covered by the Order or removal of the defect, or submits a price reduction statement specifying the amount by which the price is to be reduced, and the Service Provider will not respond to this request within 14 days , it is considered that the Service Provider considered this request justified.
8. § Personal data protection
1. The administrator of Users’ personal data is PoldinGroup Sp. z o.o. with its registered office in Kraków at: 31-511 Kraków, ul. Rakowicka 10B / 4 entered into the Register of Entrepreneurs of the National Court Register by the District Court for Krakow in Krakow, VI Division
Commercial Register of the National Court Register under the number KRS: 0000599106 NIP: 6793121781, which processes Users’ personal data in accordance with the Act of 29 August 1997 on the protection of personal data (i.e. Journal of Laws of 2002 No. 101, item 926, as amended ).
2. Personal data contained in the Order form are processed by the Service Provider in order to provide Services and perform the Order
3. When placing an order, the User may also consent to the processing of personal data provided for the Service Provider’s marketing purposes as well as to receive information on marketing content from Service providers, including offers and promotions regarding the Service Provider, to the e-mail address and / or telephone number provided. Expressing this consent is voluntary and is not a condition for using the Services.
4. The User has the right to access personal data regarding him or her and correct it.
Personal data of Users making online payments using the PayU system are made available to PayU S.A. with the address of the seat: ul. Grunwaldzka 182, 60-166 Poznań, KRS (National Court Register): 0000274399.
Personal data of Users making online payments using PayPal are made available to PayPal (Europe) S.Ã r.l. et Cie, S.C.A., 22-24 Boulevard Royal L-2449, Luxembourg.
9. § Out-of-court dispute resolution
1. The User who is a consumer may use extrajudicial means of dealing with complaints and redress, including in the following way:
1.1. addressing a permanent amicable consumer court operating at the Trade Inspection with a request to settle the dispute arising from the concluded contract;
1.2. addressing the provincial inspector of Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Service Provider.
2. The User may obtain free assistance in resolving the dispute between the User and the Service Provider by contacting the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers).
Detailed information on the possibility for the User to use extrajudicial methods of dealing with complaints and redress as well as the rules of access to these procedures are available at the headquarters and on the websites of poviat (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Trade Inspection Inspectorates and at http://www.uokik.gov.pl.
10. § Other information intended for Users
1.The Regulations are available free of charge in an electronic version at www.www.poldingroup.com to enable Users to store and play them in the ordinary course operations.
2. The language of the service contracts concluded with the Service Provider is Polish.
3. The Service Provider informs that in connection with the provision of Services:
3.1. does not apply ethical codes within the meaning of art. 661 § 2 item 6 of the Civil Code or the Code of Good Practice within the meaning of the provisions on counteracting unfair market practices;
3.2. does not charge the Users with a deposit or request other financial guarantees;
3.3. makes no warranty or offer after-sales services;
3.4. does not use technical means of protection against copying or access to content without the Service Provider’s permission.
11. § Amendments to the Regulations
1. The Service Provider may amend these Regulations for important reasons, which are:
1.1. a change in the generally applicable legal provisions having a direct impact on the content of these Regulations;
1.2. issuing a judgment or decision having a direct impact on the content of these Regulations by a court or a public administration body;
1.3. introduction of new website functionalities;
1.4. preventing violations of law or violations of these Regulations; Website Regulations www.poldingroup.com
1.5. removing ambiguities or interpretative doubts;
1.6. transformation of the Service Provider (change of legal form), change in the name (company) of the Service Provider, change in the scope of registration data, identification numbers, address data, URL address, e-mail address or telephone number indicated in the Regulations.
2. In any case, the change in the Regulations does not affect the Users’ rights or the Service Provider’s obligations arising before the date of binding Users by the amended Regulations.
3. The Service Provider will announce a change in the Regulations on the Website
4. The amendment to the Regulations is effective for Users who do not resign from the Services within 30 days from the date of notification of the amendment to the Regulations in accordance with § 11 para. 3 of the Regulations.
12. § Final provisions
1. In matters not covered by the Regulations, the provisions of generally applicable law in the Republic of Poland, including the Civil Code and the Act of 18 July 2002 on the provision of electronic services shall apply.
2. Disputes are considered by a competent common court determined pursuant to the provisions of the Act of 17 November 1964 Code of Civil Procedure