§ 1 – Preliminary provisions
- Online store of the SFIS Sp. z o. o. company, hereinafter referredto as e-comerce https://sfis.com.pl/en/e-shop/, conducted by SFIS Sp. z o. o. with its registered office in Dziwnów, entered into the National Court Register by the District Court for Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register under the KRS number 0000633800, NIP: 9860243936, REGON: 365232756 with share capital of PLN 24 000.00.
- These Regulations are addressed at both Consumers and Entrepreneurs using the e-shop and define the prinicples for using the e-shop and the principles and procedures for concluding Distance Sales Agreements with the Customer via the e-shop.
§ 2 – Definitions
- Consumer – a natural person concluding an agreement with the Seller within the framework of the e-shop, the subject of which is not directly related to their business or professional activity.
- Seller – SFIS Sp. z o. o. with its registered office in Dziwnów at str. Dziwna 13c/7, postal code 72-420 entered into the National Court Register by the District Court for Szczecin-Centrum in Szczecin, 13th Commercial Division of the National Court Register under the KRS number 0000633800, NIP: 9860243936, REGON: 365232756 with share capital of PLN 24 000.00.
- Customer – any entity making purchase via the e-shop.
- Entrepreneur – a natural person, a legal person and an organisational unit that is not a legal person, which is granted legal capacity under a separate act, performing in their own name a business activity that uses the e-shop.
- E-shop – the online store operated by the Seller at the Internet address https://sfis.com.pl/en/e-shop/ .
- Distance Agreement – an agreement concluded with the Customer as part of an organised system of distance agreement conclusion (within the scope of the e-shop), without simultaneous physical presence of parties, with the sole use of one or more means of distance communication up to and including the moment of Agreement conclusion.
- Regulations – these e-shop regulations.
- Order – the Customer’s declaration of intent submitted with the use of Order Form and aiming directly at concluding a Product Sales Agreement with the Seller.
- Account- the Customer’s e-shop account, which stores data provided by the Customer and information about Orders placed by the Customer on e-shop.
- Registration Form – a form available in the e-shop, enables creation of an Account.
- Order Form – an interactive form available in the e-shop that makes it possible to place an Order, in particular by adding Products to the Basket and define the terms and conditions of the Sales Agreement, including the method of payment.
- Basket – an element of the e-shop software in which the Products selected for purchase by the Customer are visible, and there is also a possibility of determining and modifying the Order data, in particular the quantity of products.
- Product – a movable item available in the e-shop being the subject of the Sales Agreement between the Customer and the Seller.
- Sales Agreement – Product sales agreement being concluded or concluded between the Customer and the Seller via the e-shop. The Sales Agreement means also complying with the Product features, an agreement for the provision of services and a specific task contract.
§ 3 – Contact with the e-shop
- Address of the Seller: str. Dziwna 13c/7, 72-420 Dziwnów, Poland.
- E-mail address of the Seller: khs@sfis.com.pl.
- Phone number of the Seller: +48 692 432 996.
- Bank account number of the Seller:
PLN 83 2530 0008 2024 1051 8431 0001 for payments in Polish zloty,
EUR 56 2530 0008 2024 1051 8431 0002 for payments in EUR,
USD 02 2530 0008 2024 1051 8431 0004 for payments in US dollars. - The Customer may communicate with the Seller using the addresses and phone numbers provided in this paragraph.
- The Customer may communicate with the Seller by phone from 10:00 to 18:00 according to the time zone UTC+01:00 (Central European Time /CET/, in the winter period from October to March) and UTC+02:00 (Central European Summer Time /CEST/, in the summer period from March to October).
§ 4 –Technical requirements
In order to use the e-shop, including browsing the e-shop assortment and placing orders for Products, it is necessary to have:
- a final device with access to the Internet and a Firefox, Chrome, Opera, Safari or Microsoft Edge web browser in the latest version,
- an active electronic mail account (e-mail),
- cookies and page data support enabled,
- JavaScript is enabled.
§ 5 – General information
- To the fullest extent permitted by law, the Seller is not responsible for disruptions, including stoppages of the functioning of the e-shop caused by force majeure, unlawful activities of third parties or incompatibility of the e-shop with the technical infrastructure of the Customer.
- Browsing the e-shop assortment does not require creating an Account. Placing an order by the Customer for Products in the e-shop assortment is possible either after creating an Account in accordance with § 6 of the Regulations or by providing the necessary personal and address data which enables the processing of the Order without creating an Account.
- The prices provided in the e-shop are given in (Polish zloty, Euro, US Dollars) and are net prices. In case of purchase by the Customer in Poland, VAT shall be added in accordance with applicable regulations.
- The total (final) amount payable by the Customer consists of the price for the Product, which the Customer is informed of on the e-shop website during the placement of the Order, including at the moment of expressing his or her will to enter into the Sales Agreement.
§ 6 – Creating an e-shop Account
- To create an Account in the e-shop, it is necessary to complete the Registration Form. It is necessary to provide the following data:
1.1. company name / name and surname,
1.2. NIP in the case of a company,
1.3. address,
1.4. phone number,
1.5. e-mail address. - Creating an e-shop Account is free of charge.
- Logging into the Account takes place by entering the login and password provided in the Registration Form.
- The Customer has the possibility to delete the Account at any time, without giving any reason and without incurring any fees on this account, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses given in § 3.
§ 7 – Principles for placing an Order
To place an Order the following steps need to be taken:
- log in to the e-shop;
- select the Product that is the subject of the Order, and then click “Add to basket” (or equivalent);
- click the “Order and pay” button and confirm the order by clicking on the link sent in the e-mail,
- select one of the available payment methods and, depending on the method of payment, pay for the order within a specified time, subject to § 8 point 3.
§ 8 – Delivery and payment methods offered
- The Customer shall receive the ordered Product via courier service.
- The Customer may use the following payment methods:
2.1. payment via bank transfer to the Seller’s account in accordance with the data given in § 3 point 4,
2.2. PayPal electronic payments - Detailed information on delivery methods and accepted payment methods may be found on the website of the e-shop.
§ 9 –Execution of the Sales Agreement
- The Sales Agreement is concluded between the Customer and the Seller after placing the Order by the Customer with the use of the Order Form in the e-commece in accordance with § 7 hereof.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for processing. The Seller shall confirm the Order receipt and accept it for processing shall be conducted by sending an appropriate e-mail to the Customer’s e-mail address provided at the moment of placing the Order, which contains at least the Seller’s declaration about the receipt of the Order and its acceptance for processing and confirmation of the Sales Agreement conclusion. Upon receipt of the above-mentioned e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
- The Customer is obliged to make the payment within 1 working day from the day of concluding the Sales Agreement – otherwise the order will be cancelled.
- The Product shall be sent by the Seller within 1 working day from the date of crediting the Seller’s bank account.
- In the e-shop there is a possibility to place an order only for available Products, in case of unavailability use the option “Ask for availability”.
- On the date of shipment of the Product, the Customer will be additionally informed by the Seller by sending an appropriate e-mail to the Customer’s e-mail address provided during placing the Order.
- The Product delivery to the Customer is free of charge, unless the Sales Agreement provides otherwise. The costs of Product delivery (including charges for transport, delivery and postal services) are indicated to the Customer on the e-shop website in the “Delivery costs” section and during the Order placement, including at the moment of expressing the will to conclude the Sales Agreement by the Customer.
§ 10 – Right of withdrawal
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The period specified in sec. 1 starts from the delivery of the Product by the carrier.
- The Consumer may withdraw from the Agreement by submitting a statement on withdrawal from the Agreement to the Seller. To comply with the time limit for withdrawal from the Agreement, it is enough for the Consumer to send a statement before the expiry of that time limit.
- The statement should be sent electronically by sending the statement to the e-mail address of the Seller responding to the confirmation of the order received by e-mail with a return receipt – the contact data of the Seller are specified in § 3. The statement may also be submitted on a form, the template of which is an appendix to the Act of 30 May 2014 on consumer rights, but this is not obligatory.
- In the case of sending a statement by the Consumer electronically, the Seller shall immediately send to the Consumer’s e-mail address the confirmation of receipt of the statement on withdrawal from the Agreement.
- Effects of withdrawal from the Agreement:
6.1. In the case of withdrawal from the Distance Agreement, the Agreement shall be considered void.
6.2. In the case of withdrawal from the Sales Agreement, the Seller shall immediately, not later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the Agreement, reimburse the Customer for all payments made by him/her, if any, including the costs of item delivery, if any, with the exception of additional costs resulting from the method of delivery selected by the Consumer other than the cheapest usual delivery method offered by the Seller.
6.3. The return of the payment shall be made by the Seller to the Consumer’s bank account number and shall not involve the Consumer in any costs.
6.4. The Seller will withhold the refund until the Product is returned to the Seller.
6.5. The Consumer is obliged to send back the Product to the Seller’s address to be specified by the Seller immediately after receiving the withdrawal from the Agreement. After receiving information on the return address the Consumer shall send back the Product not later than 14 days from the day on which the Consumer was informed by the Seller about the address for returning the Product. The time limit is met if the Consumer sends back the Product before the expiry of the 14-day time limit.
6.6. The Consumer bears direct costs of returning the Product, including the costs of returning the Product, if the Product, due to its type, could not be sent back with the use of regular mail.
6.7. The Consumer is liable only for a decrease in the value of the Product resulting from using it in a different way than it was necessary to establish the type, characteristics and functioning of the Product. - The right to withdraw from a distance agreement shall not apply to the Consumer in relation to the Agreement in which the subject of the provision is a non-prefabricated item produced according to the Consumer’s specification or serving to meet his/her individual needs.
§ 11 – Complaint and guarantee
- The Sales Agreement cover new and used Products. The e-shop website describes in detail the condition of each used Product.
- The Seller shall provide the Customer an item which is free from defects.
- In case of defects of goods purchased from the Seller, the Customer who is both the Consumer and Entrepreneur shall have the right to make a complaint on the basis of the warranty provisions of the Civil Code.
- The complaint shall be lodged by e-mail to the e-mail address of the Seller with return receipt – the contact data of the Seller are specified in § 3.
- The complaint shall include, among others, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer lodging the complaint, and the Customer’s request in connection with the defect of the goods.
- The Seller shall respond to the complaint immediately, no later than within 14 days, and if the Seller fails to do so within that time limit, it shall be deemed that the Customer’s request is justified.
- Goods returned under the complaint procedure should be sent to the address specified by the Seller.
- Each product has a 2-year guarantee that may be extended by making the appropriate choice when purchasing the product for an additional fee.
§ 12 – Out-of-court complaint procedures and claim handling
- Detailed information on the Consumer’s right to seek out-of-court complaint procedures and claim handling and the principles of access to those procedures are available at the offices and on the websites of district (municipal) consumer advocates, social organisations, the statutory responsibilities of which include consumer protection, Voivodeship Inspectorates of Trade Inspection, and at the following website addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The Consumer shall have the following exemplary possibilities to seek out-of-court complaint procedures and claim handling:
2.1. The Consumer shall have the right to request the permanent consumer arbitration court provided for in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014, item 148, as amended) to settle a dispute arising from the Agreement concluded with the Seller.
2.2. The Consumer shall have the right to request the Voivodeship inspector of Trade Inspection, acting pursuant to Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2014, item 148, as amended) to initiate mediation proceedings aimed at an amicable settlement of a dispute between the Consumer and the Seller.
2.3. The Consumer may obtain free assistance in settling the dispute between the same and the Seller, also using assistance from the poviat (municipal) consumer ombudsman or a social organisation statutory responsibilities whereof include consumer protection (among others, Consumer Federation, Association of Polish Consumers).
§ 13 – Personal data in the e-shop
- The controller of the Customers’ personal data collected via the e-shop is the Seller.
- The Customers’ personal data collected by the controller via the e-shop are collected for the purpose of performance of the Sales Agreement, and if the Customer agrees – also for marketing purposes.
- Recipients of the e-shop Customers’ personal data may be:
3.1. In the case of a Customer who uses the e-shop method of delivery by post or courier, the Controller shall make the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery upon the order of the Controller.
3.2. In the case of a Customer who uses electronic or credit card payment method in the e-shop, the Controller shall make available the collected personal data of the Customer to the selected entity handling the above-mentioned payments in the e-shop. - The Customer shall have the right to access his/her data and correct them.
- Providing personal data is voluntary, however, failure to provide the personal data specified in the Regulations, which are necessary to conclude a Sales Agreement, results in lack of possibility to conclude such an agreement.
§ 14 – Final provisions
- Agreements concluded through e-shop are concluded in Polish, English or German depending on the choice of language version of the website.
- The Seller reserves the right to make changes to the Regulations for important reasons, i.e. changes to the law, changes to methods of payment and delivery – to the extent to which these changes affect the performance of the provisions of these Regulations. The Seller shall notify the Customer of any such change 7 days in advance at a minimum.
- In matters not regulated herein, generally applicable provisions of Polish law shall apply, in particular: Civil Code; Act on providing services by electronic means; Act on consumer rights, Act on personal data protection.
- The Customer shall have the right to use the out-of-court complaint procedures and claim handling. For this purpose, he/she may lodge a complaint via the ODR EU online platform available at: http://ec.europa.eu/consumers/odr/.