REGULATIONS OF THE MARCEL LACZYCKI WEBSITE
specifying, among others, rules for concluding sales contracts through the MARCEL LACZYCKI Online Store, containing the most important information about the Seller, the Store and the Consumer's rights.
CONTENTS
§ 1 DEFINITIONS
§ 2 GENERAL PROVISIONS
§ 3 TECHNICAL REQUIREMENTS
§ 4 RULES FOR USING THE ONLINE STORE
§ 5 ACCOUNT
§ 6 CONDITIONS OF CONCLUDING A SALES AGREEMENT
§ 7 PAYMENTS
§ 8 ORDER EXECUTION
§ 9 RIGHTS OF THE CONSUMER IN CONNECTION WITH THE SALES AGREEMENT
§ 10 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT
§ 11 COMPLAINT PROCEDURE
§ 12. LIABILITY
§ 13. COPYRIGHTS
§ 14 PERSONAL DATA
§ 15 TERMINATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
§ 16 RESERVATIONS
Annex No. 1: Sample contract withdrawal form
§ 1 DEFINITIONS
Price - the final gross value of the goods specified in Polish zloty (including the tax due), which the Customer must pay under the concluded Sales Agreement. The Product price does not include delivery costs and customs duties. The Seller informs about the Prices in the manner specified in the Act on information on prices of goods and services, in particular in the event of a reduction in the Price of the Goods. In addition to information about the reduced Price, the Seller will present information about the lowest Price of the Goods that was in force in the period of 30 days before the introduction of the reduction.
Working days - days from Monday to Friday, except public holidays.
Customer, Buyer or Service Recipient or Service User - an adult natural person who is a Consumer, entitled to use the functionalities (Services) within the Online Store on the terms specified in the Regulations, who may be a party to the Sales Agreement;
Civil Code - Act of April 23, 1964, Civil Code (Journal of Laws of 2022, item 1360, as amended);
Consumer - a consumer within the meaning of the provisions of the Civil Code, i.e. a natural person who enters into legal transactions with the Seller (Service Provider) for purposes not directly related to his or her business or professional activity;
Account - a free function of the Store regulated by separate regulations (service provided electronically), thanks to which the Buyer can set up his or her individual Account in the Store, including access to a space designated for the Customer on the disk of a publicly accessible computer/server, where a set of personal data and preferences of the Customer is collected, as well as a set of information about the Customer's activities, enabling the use of specific Services (functionalities) of the Store, marked with an individual name (login) and password protected;
Basket – a list of Products selected to place an Order;
Newsletter - informational material containing offers or other marketing content regarding the Seller or Products, delivered periodically in the form of digital content at the express request (order) of the Customer expressed via the functionality of the Store.
Privacy Policy - a document containing information on what Customer data will be collected by data processors and how it will be used, as well as information on cookies;
Products - clothing, footwear, accessories related to motor e-sports and other goods offered by the Seller via the Store, which may be the subject of a Sales Agreement;
Regulations - these regulations, specifying the rules for concluding Sales Agreements and the rules for the provision and use of specific Services or content made available via the MARCEL LACZYCKI Website. In the scope of services provided electronically, these Regulations are the regulations referred to in Art. 8 of the Act on the provision of electronic services;
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Regulation on data protection) (Journal of Laws EU L. of 2016, No. 119, p. 1)
MARCEL LACZYCKI Website, Online Store or Store - online platform dedicated to Consumers run by the Seller at www.marcellaczycki.com
IT system - a set of cooperating information technology devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks, using a terminal device appropriate for a given type of telecommunications network within the meaning of the Telecommunications Law;
Sales Agreement - a Product sales agreement concluded remotely between the Customer and the Seller, on the terms specified in the Regulations, on the basis of the placed Order;
Agreement for the provision of electronic services - an agreement concluded between the Service Provider and the Customer, the subject of which is the provision of Services (functionalities) made available via the Store, under the conditions specified in these Regulations;
Service provided electronically or Service - service within the meaning of Art. 2 points d) the Act on the provision of services by electronic means, provided on the basis of the Regulations by the Service Provider to the Customer;
Act on the provision of services by electronic means - Act of 18 July 2002 on the declaration of services by electronic means (Journal of Laws of 2020, item 344);
Order - the Customer's declaration of will expressing the direct will (offer) to conclude a Sales Agreement, placed via the Store, specifying the number and type of Products to be covered by the Sales Agreement, as well as containing additional content provided for by law or the Regulations. Acceptance of the Order by the Seller, on the terms described in the Regulations, means conclusion of the Sales Agreement.
§ 2 GENERAL PROVISIONS
2.1 The Service Provider provides Services on the basis of these Regulations, which define the general conditions and principles of operation of the Marcel Laczycki Website. Through the Online Store, the Seller (Service Provider) provides certain Services to the Customer (Service Recipient), including the possibility of concluding a Sales Agreement.
2.2. The Customer ensures that he has read the content of these Regulations before using the Online Store. Creating an Account is deemed to be acceptance of the provisions of the Regulations.
2.3 The Service Provider provides the following Services (functionalities) via the Marcel Laczycki Website:
a) Account, including registration or login, as well as managing Account settings;
b) searching and filtering Products;
c) using the Basket;
d) placing an Order;
e) browsing the content posted on the Website,
f) viewing the history of placed Orders and payments;
h) presenting advertising or promotional content to Customers tailored to their interests, depending on the Customers' granting appropriate voluntary consents/declarations;
2.4 The Agreement for the provision of electronic services is concluded when the Service Provider starts providing the Services (functionalities) available in the Online Store:
a) in the case of Services for which the creation of an Account is not required - upon gaining access to the Service by the Customer;
b) in the case of Services which require the creation of an Account - after registering the Account or logging in to the Account by the Customer.
2.5 The Agreement for the provision of electronic services shall be terminated upon:
a) closure of the Online Store by the Service Provider, or
b) deleting the Account, in accordance with the principles described in § 14 of the Regulations (Termination of the Agreement for the provision of electronic services).
2.6 The Services are provided to the Customer free of charge.
2.7 Through the Store, the Seller conducts retail sales of Products addressed to Consumers in the territory of the Republic of Poland and European Union member states. The Seller does not sell to entrepreneurs, including wholesale.
2.8. Contact with the Seller:
a) Postal address: ul. Baletowa 115b, 02-876 Warszawa
b) E-mail address: sales@marcellaczycki.com
d) Address for sending the complained goods: Marcel Laczycki, ul. Baletowa 115b, 02-876 Warszawa.
2.9 The provisions of Polish law shall apply to contracts concluded in accordance with these Regulations (Sales Agreement, Agreement for the provision of electronic services), the processing of Customers' personal data and other rights and obligations of the parties.
§ 3 TECHNICAL REQUIREMENTS
3.1 The use of the Online Store and the Services provided within the Store is possible provided that the Service Recipient's IT System meets the following minimum technical requirements:
a) operating system: at least Windows 7/8/10 or Mac OS Sierra; in the case of mobile devices, operating system: iOS version 10.0 or higher and Chrome OS version 89.0.4389.95 or higher, Android version 9.0. or higher;
b) access to the Internet (Internet connection with a bandwidth of at least 512 kbit/s);
c) web browser: Mozilla Firefox version 17.0, Opera version 12.0 and higher, Google Chrome version 23.0. and higher, Safari version 5.0 and higher; for mobile browsers, only Chrome and Safari;
d) enabling cookies and Javascript support in the web browser.
3.2 The Service Recipient is solely responsible for ensuring technical compatibility between the end device he uses and the IT or telecommunications system and the Online Store.
3.3 The Service Provider is not responsible for the amount of fees charged for the use of data transmission necessary to use the Online Store and for disruptions in the operation of the Online Store caused by too weak Internet connection on the Service User's side.
3.4 The Service Provider undertakes to make every effort to ensure that the Online Store operates continuously, i.e. 7 days a week, 24 hours a day.
3.5 The Service Provider reserves the right to:
a) sending technical messages regarding the operation of the Online Store or legal messages regarding the Services via e-mail;
b) periodic technical breaks necessary to update, modernize, maintain and develop the Online Store.
3.6 In special cases affecting the security or stability of the Online Store, the Service Provider has the right to temporarily discontinue or limit the provision of Services without prior notice to the Service User.
3.7. To place an order in the Store, in addition to the requirements specified in section 3.1-3.6, an active email account is required.
§ 4 RULES FOR USING THE ONLINE STORE
4.1. When using the Online Store, the Service Recipient is obliged to comply with the provisions of law and the provisions of the Regulations, in particular the Service Recipient is obliged to:
a) use the Online Store (services made available as part of the Store) in accordance with its intended purpose and designated use, in a way that does not interfere with the operation of the Store, in particular through the use of specific software or devices;
b) using the Services in a way that is not inconvenient for other users of the Online Store and for the Service Provider.
4.2. The Service Provider may deprive the Service User of the right to use the Services (functionality) with immediate effect (by deleting the Customer Account) in the event of a violation of the provisions of these Regulations, and in particular when the Service User:
a) provides data that is untrue, inaccurate or outdated, misleading or violating the rights of third parties;
b) engages in behavior that is considered by the Service Provider to be inconsistent with applicable law or detrimental to the rights or good name of the Service Provider or third parties;
c) uses the Services (functionalities) in a manner inconsistent with their intended purpose.
4.3. The Service Provider may inform the Customer about the possibility of depriving the right to use specific Services (functionalities) of the Online Store (deletion of the Account) and will set an appropriate deadline for stopping the violations or removing their effects. If the Service User fails to take specific actions, the Service Provider will be entitled to terminate the Agreement, which will be tantamount to permanent deletion of the Account and depriving the Customer of access to the data stored in it.
4.4. The Service Provider reserves the right to immediately remove any content that violates the obligations and prohibitions arising from the Regulations.
§ 5 ACCOUNT
5.1. Creating an Account is free of charge, voluntary and enables the use of specific Services (functionalities) within the Store. However, creating an Account is not necessary to place an Order and conclude a Sales Agreement.
5.2. During the procedure of creating (registration) of the Account, the following is required:
a) providing the following data:
(i) email address,
(ii) name and surname;
b) setting a password.
5.3. The condition for completing the creation (registration) of the Account is that the Customer must submit a declaration that he/she has accepted the content of the Regulations and has read the Privacy Policy. The declarations referred to in the sentence above are submitted by checking the appropriate box.
5.4. When creating (registration) an Account, it is possible to consent to receiving commercial information and processing personal data for the purposes of marketing the Seller's products or services, including through profiling, which will be used to personalize the Customer's experience with the Marcel Laczycki Website. Consents are voluntary and do not constitute a condition for completing registration. The consents referred to in this point may be granted or withdrawn while using the Account. When creating (registering) an Account, the Customer may also order the Newsletter.
5.5. After completing the creation (registration) of the Account, the Customer receives an e-mail from the Service Provider to the indicated e-mail address, containing an activation link allowing to activate the Account and log in to the Online Store using the login (e-mail address) and password.
5.6. Logging in to the Account is done by entering the e-mail address and password in the login screen (panel) and then clicking the log-in button.
5.7. After logging in to the Account, the Customer can provide additional information: postal code, city, street, house number.
5.8. During the creation (registration) of the Account, the Customer is obliged to provide current and accurate data, as well as to update them immediately (in the event of any changes).
5.9. It is assumed that a person logging into the Account in accordance with the Regulations is entitled to use the Account (Services via the Account). The Service Provider is not responsible for any activities performed using the login and password. The Customer is obliged to keep his password or other information enabling access to the Account secret.
5.10. The Customer acknowledges that he may withdraw from the remotely concluded Agreement for the provision of electronic services referred to in point 2.4 within 14 days. b) Regulations (maintaining an Account), in accordance with the provisions of Consumer Law. The remaining provisions of the Regulations apply accordingly.
§ 6 CONDITIONS OF CONCLUDING OF A SALES AGREEMENT
6.1. The conclusion of a Sales Agreement via the Online Store may take place after the Customer has placed an Order on the terms set out below:
a) The Customer selects the Product(s) and indicates their quantity. The Products selected by the Customer are added to the Basket;
b) The Customer is redirected to the tab containing the Basket and a summary of the Order (selected Products, quantity, Price, delivery cost). Until this point, the Customer has the opportunity to independently correct the entered data within the Basket functionality by adding or removing a given item (quantity) from the Basket;
c) if the Order is filed (via a dedicated button), the Customer is redirected to a tab where he completes:
• shipping details: name, surname, e-mail address, address (street, house/apartment number, postal code, city),
• data for issuing a sales document (proof of sale): name, surname, e-mail address, address (street, house/apartment number, postal code, city),
• payment method;
d) if the Customer does not place an Order via the Account (so-called guest), the condition for placing an Order is additionally providing an e-mail address and submitting a declaration that the Customer has read and accepted the content of the Regulations and has read the Privacy Policy. The declarations referred to in the sentence above are submitted by checking the appropriate box (checkbox);
e) if the Customer does not place an Order via the Account (so-called guest), it is also possible to additionally consent to receiving commercial information and the processing of personal data for the purposes of marketing the Seller's products or services, including through profiling, which will be used for personalization Customer experience with the Marcel Laczycki Website. Consents are voluntary and do not constitute a condition for placing an Order. The consents referred to in this point may be withdrawn at any time via a message sent to sales@marcellaczycki.com or in another manner specified by the Seller. When placing an Order, the Customer may also order a Newsletter;
The Customer sends the Order (submits an offer) using the functionality of the Online Store provided for this purpose (button: Order and pay).
6.2. The Sales contract is concluded when the offer is confirmed (accepted) by the Seller. The offer may only be accepted after successful payment by the Customer. If the payment is not positively verified or the Customer cannot successfully make the payment for other reasons (e.g. due to technical problems), it will be necessary to place a new Order and the existing Order will be canceled. The Customer will be informed about the need to place a new Order via a message displayed in the Store, unless due to reasons beyond the Seller's control it is not possible.
6.3. In the event of refusal to accept the offer submitted as part of the Order, the Sales Agreement is not concluded and the Seller shall immediately, no later than within 14 days from sending the message about the refusal to accept the Order, refund the payments made by the Customer.
6.4. The Seller may inform the Customer about the status of the implementation of the Sales Agreement by sending notifications to the e-mail address provided by the Customer.
6.5. The Seller reserves the right to introduce limits on the quantity of one Product or the total number of Products that may be the subject of a given Order, about which the Customer will be informed each time via a message displayed in the Store.
§ 7 PAYMENTS
7.1 You can pay for your order, depending on the Buyer's choice:
Using a payment card:
Visa
Visa Electron
MasterCard
MasterCard Electronic
Maestro
7.3 The Seller reserves the right to add other payment methods in the future
7.4 The Seller will provide the Customer with proof of purchase in electronic form. The Customer agrees that proof of payment will be prepared and sent to the e-mail address provided by him when placing the Order or creating the Account. In order to open the sales document, the Customer should have software that supports files in the .pdf format.
§ 8 ORDER EXECUTION
8.1. The Seller is obliged to deliver the goods without defects.
8.2. The order completion date is indicated in the Store.
8.3. The Seller will begin processing the order after payment has been made.
8.4 If, as part of one order, the Buyer purchased goods with different lead times, the order will be completed on the date appropriate to the goods with the longest lead time.
8.5. The Seller delivers Products in the territory of the Republic of Poland and member states of the European Union, through a professional entity (supplier) cooperating with the Seller.
8.6. Product delivery costs are indicated to the Customer each time when placing an Order.
8.7. The delivery period starts from the date of confirmation of the Order (acceptance of the offer by the Seller).
§ 9 RIGHTS OF THE CONSUMER IN CONNECTION WITH THE SALES AGREEMENT
9.1 The Seller takes care of the Consumer's rights. None of the provisions of these Regulations limit the Consumer's rights under the provisions of the law in force in the territory of the Republic of Poland. If the existence of a provision of this nature is found, the provisions of the law in force in the territory of the Republic of Poland, in particular the Civil Code and Consumer Law, shall apply.
9.2 The Seller is obliged to deliver the Product in accordance with the Sales Agreement. If the sold Product is inconsistent with the concluded Sales Agreement, the Customer may:
a) demand its replacement (the costs associated with collecting and replacing the Product are borne by the Seller);
b) submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller made the exchange within a reasonable time from the moment he was informed about the lack of compliance of the Product with the Sales Agreement;
The above rights are granted subject to reservations and on the terms specified in the relevant provisions of Consumer Law (Chapter 5A "Agreements obliging to transfer ownership of goods to the consumer").
9.3 The Reduced Price must be in such proportion to the Price resulting from the Sales Agreement that the value of the Product inconsistent with the Sales Agreement remains to the value of the Product consistent with the Sales Agreement. The Seller returns to the Customer the amounts due as a result of exercising the right to reduce the Price immediately, no later than within 14 days from the date of receipt of the declaration of the Price reduction.
9.4 The Customer may not withdraw from the Sales Agreement if the lack of compliance of the Product with the Sales Agreement is immaterial. In the event of withdrawal from the Sales Agreement, the Customer shall immediately return the Product to the Seller at the Seller's expense.
9.5 The rights referred to in point 9.2. are available to the Customer when the lack of compliance of the Product with the Sales Agreement existed at the time of its delivery and was disclosed within two years from that moment, unless the expiration date of the Product, specified by the Seller, is longer.
9.6 Subject to the provisions of § 10, regardless of the rights indicated above, a Customer who has concluded a distance contract may withdraw from it within 14 days without giving a reason and without incurring any costs other than those provided for by law (which constitutes the statutory right of withdrawal available to Consumers). ). The deadline to withdraw from the contract expires after 14 days from:
a) in which the Consumer came into possession of the goods or in which a third party other than the carrier indicated by the Consumer came into possession of the goods.
b) in which the Consumer came into possession of the last item or in which a third party, other than the carrier indicated by the Consumer, came into possession of the last item in the case of a contract obliging to transfer ownership of many items that are delivered separately,
c) concluding a contract - in the case of a contract for the supply of digital content.
In order for the Consumer to exercise the right to withdraw from the Agreement, he or she must inform the Seller, using the data provided in § 2 of the Regulations, about his or her decision to withdraw from the Agreement by means of an unambiguous statement (e.g. a letter sent by post or information sent by e-mail).
9.7 In order to exercise his right, the Customer should inform the Seller of his decision by way of a clear declaration of will (by e-mail, or in writing) before the above deadline. The Seller recommends submitting a declaration of withdrawal from a the Agreement via e-mail sent to sales@marcellaczycki.com, using the e-mail address associated with the Customer Account (if you have an Account).
9.8 In order to exercise the right to withdraw from the Agreement, the Customer may use the sample withdrawal form attached to the Regulations (but this is not obligatory), or the statutory template withdrawal form, constituting Annex No. 2 to the Consumer Law. A template of such a form in .pdf format is available at:
http://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU20140000827/U/D20140827Lj.pdf.
9.9 If the Customer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer (sending confirmation of acceptance of the Order), the offer ceases to be binding.
9.10 The Customer is obliged to return the Product to the Seller or hand over the Product to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he/she withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Product before its expiry. The Customer only bears the direct costs of returning the Product.
9.11 The Customer is liable for any reduction in the value of the Product resulting from using it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.
9.12 The Seller shall return to the Customer payments made in connection with the Sales Agreement immediately, no later than within 14 days from the date of receipt of the Product or proof of its return. The Seller refunds the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return, which does not involve any costs for him. The Seller may withhold the refund of payments received from the Customer until the returned Product is received or the Customer provides proof of its return, depending on which event occurs first.
9.13 The Seller emphasizes that the Customer is not entitled to withdraw from a Sales Agreement in relation to Agreements the subject of which 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 has been open upon delivery.
9.14 To the extent not regulated in this chapter, the provisions of § 11 ("Complaint procedure)" shall apply accordingly.
9.15 The Seller requests that the Products be returned to the following address: Marcel Laczycki Store, ul. Baletowa 115b, 02-876 Warszawa, immediately, and in any case no later than 14 days from the date on which the Consumer informed the Seller about withdrawal from the Sales Agreement. The deadline is met if the Consumer returns the goods before the 14-day period expires.
9.16 If the Products, due to their nature, cannot be returned by regular mail, the Consumer will also have to bear the direct costs of returning the Products. The Consumer will be informed by the Seller about the estimated amount of these costs in the description of the Products in the Store or when placing the Order.
9.17 If there is a need to refund funds for a transaction made by the Consumer with a payment card, the Seller will make the refund to the bank account assigned to this payment card.
§ 10 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT
10.1 The right to withdraw from a the Agreement concluded remotely is not available to the Consumer in relation to the Agreement:
a) for a provision of services for which the Consumer is obliged to pay the price, if the entrepreneur has fully performed the service with the express and prior consent of the Consumer, who was informed and acknowledged before the commencement of the provision of services that after the entrepreneur has provided the service, he will lose the right to withdraw from the Agreement;
b) in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to meet his individual needs;
c) in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
d) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
e) in which the subject of the service are items which, after delivery, due to their nature, are inseparably connected with other items;
f) 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;
g) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts;
h) in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawing from the Agreement;
i) for the supply of digital content that is not recorded on a tangible medium, if the provision of the service began with the Consumer's express consent before the deadline for withdrawal from the Agreement and after the entrepreneur informed him/her about the loss of the right to withdraw from the Agreement;
j) for a provision of services for which the Consumer is obliged to pay the price, in the case of which the Consumer has expressly requested the entrepreneur to come to him for repairs, and the service has already been fully performed with the express and prior consent of the Consumer;
k) in which the Consumer has expressly requested the entrepreneur to come to him/her for urgent repair or maintenance; if the entrepreneur additionally provides services other than those requested by the Consumer, or supplies goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in respect of the additional services or goods;
10.2 The right to withdraw from an Agreement concluded remotely does not apply to any entity other than the Consumer.
§ 11 COMPLAINT PROCEDURE
11.1. The Service Provider takes steps to ensure the fully correct operation of the Online Store, to the extent resulting from current technical knowledge, and undertakes to remove any irregularities that have been appropriately reported by Customers within an appropriate period of time.
11.2. If personal data is processed in connection with the provision of digital services for purposes other than those related to the provision of Services or purposes arising from legal provisions, and there is a lack of compliance between the Service and the Agreement for the provision of electronic services, the Customer has the right to request the Services to be provided in compliance with the Agreement.
11.3. The right to submit a complaint referred to in this chapter is granted to the Customer only and exclusively within the scope of the operation of the Online Store (provided Services) and the Sales Agreement.
11.4. The Customer may submit complaints via the Online Store by sending an e-mail to the following e-mail address: sales@marcellaczycki.com (recommended method of submitting complaints) or in writing to the Seller's address.
11.5. A properly submitted complaint should include the Customer's name, surname, e-mail address, correspondence address (if this form of contact is selected) and a description of the problem that is the basis for submitting the complaint.
11.6. The Service Provider will consider the complaint immediately, but no later than within 14 days from the date of submission of the complaint.
11.7. The Service Provider will respond to the complaint to the e-mail address provided by the Customer or in another manner chosen by the Customer or agreed by the Customer and the Seller.
11.8 If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
a) mediation conducted by the appropriate Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
b) assistance of a locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
c) free assistance of the municipal or district Consumer Ombudsman;
d) the online ODR platform available at: http://ec.europa.eu/consumers/odr/.
11.9 If it turns out that in order to consider the complaint, it is necessary to deliver the complained Products to the Seller, the Buyer is obliged to deliver the Products, in the case of the Consumer, at the Seller's expense, to the address of Marcel Laczycki Store, ul. Baletowa 115b, 02-876 Warszawa.
11.10 If an additional warranty has been granted for the Products, information about it and its conditions is available in the product description in the Store.
§ 12. LIABILITY
12.1. The Service Provider is not responsible for any actions or omissions of the Customer undertaken in connection with the use of the Online Store, in particular for:
a) decisions or actions taken by the Customer based on the data contained in the Online Store and for their selection or suitability for specific purposes;
b) damage resulting from the Customer providing inappropriate, incorrect or false data.
12.2. The Customer is responsible for the actions or omissions of a third party to whom he enabled the use of the Online Store, as well as for his own actions or omissions.
12.3. The Service Provider is not responsible for:
a) technical problems or technical limitations occurring in the computer equipment, end device, IT system and telecommunications infrastructure used by the Customer, which prevent the Customer from properly using the Online Store and the Services offered through it;
b) loss of data by the Customer caused by hardware or system failure or other circumstances for reasons not attributable to the Service Provider;
c) the effects of using the Online Store by the Customer in a manner inconsistent with applicable law, provisions of the Regulations or customs adopted in this regard;
d) data transfer speed and related limitations resulting from circumstances including: of a technical, technological and infrastructural nature.
12.4. The Service Provider is not liable for non-performance or improper performance of its obligations resulting from force majeure, as well as actions or omissions of the Customer and third parties as well as persons for whose actions or omissions the Customer is responsible.
12.5. The obligation of the Seller (Service Provider) to repair the damage covers the losses that the injured Customer suffered (damnum emergens), but does not cover the benefits that he could have achieved if no damage had been caused to him (lucrum cessans), and the amount of the loss will be reduced by any benefits that the Customer obtained in connection with the event causing the loss.
§ 13. COPYRIGHTS
All content, including graphic elements, arrangement and composition of these elements (so-called layout), trademarks and other information available in the Online Store are subject to the rights of the Service Provider or third parties. The indicated elements may be the subject of copyrights, industrial property rights, including trademark registration rights and database rights, and as such they enjoy statutory legal protection. Downloading or using materials available in the Online Store to any extent requires the consent of the authorized entity and may not violate the provisions of the Regulations and generally applicable legal provisions, and may not violate the rights of the Service Provider or third parties.
§ 14 PERSONAL DATA
14.1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
14.2 The Buyer's personal data are processed mainly on the basis of the Agreement and for the purpose of its implementation, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller can be found in the privacy policy posted in the Store.
14.3. The Service Provider will not make the data provided by the Customer available to third parties (except for the cases indicated in the Regulations or Privacy Policy), unless the obligation to disclose data results from applicable legal provisions.
§ 15 TERMINATION OF THE AGREEMENT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
15.1. The Customer may terminate the Agreement for the provision of electronic services, referred to in the Regulations, at any time and without giving reasons. The Agreement for the provision of electronic services is terminated by the Customer submitting an appropriate declaration to the Service User via a dedicated functionality enabling the deletion of the Account.
15.2. Termination of the Agreement referred to above is tantamount to permanent deletion of the Account and depriving the Customer of access to data related to this Account.
15.3. The Service Provider wishing to terminate the Agreement for the provision of electronic services is obliged to inform the Customer within 14 days before the planned date of termination of the Agreement. The declaration of termination of the Agreement, as well as the information referred to above, will be sent to the e-mail address associated with the Customer Account.
15.4. The Service Provider has the right to withdraw from the provision of Services immediately if the Customer violates the provisions of these Regulations, in accordance with the principles described in points 4.2. – 4.3 of the Regulations.
15.5. If the Customer consent to receiving commercial information (other than the Newsletter) or the processing of personal data for marketing purposes, including profiling, the Customer may withdraw such consent at any time after deleting the Account by sending a statement to the e-mail address: sales@marcellaczycki.com
§ 16 RESERVATIONS
16.1 The Buyer is prohibited from providing illegal content.
16.2 Each order placed in the Store constitutes a separate Sales Agreement and requires separate acceptance of the Regulations. The Agreement is concluded for the period and in order to complete the Order.
16.3 Agreements concluded under these regulations are concluded in Polish.
16.4 In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the Seller's registered office.
16.5 None of the provisions of these Regulations exclude or in any way limit the Consumer's rights arising from legal provisions.
16.6 The provisions regarding goods and the sales agreements apply accordingly to digital content and the Agreement for the supply of digital content, unless the Regulations specify these issues separately.
Annex No. 1 to the Regulations
Below is a sample withdrawal form that the Consumer may, but does not have to, use:
SAMPLE WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)
Marcel Laczycki Store, ul. Baletowa 115b, 02-876 Warszawa
e-mail address: sales@marcellaczycki.com
- I/We(*) ......................................... ............................ hereby inform(*) about my/our withdrawal from the sales Agreement of the following items(*) / for the provision of the following services(*) / for the provision of digital content in the form of(*):
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
……………………………………………………………………………………………………………
- Date of conclusion of contract(*)/acceptance(*) .................................... .............................................
- Name and surname of the Consumer(s): ........................................ .....................................................
- Address of the Consumer(s): ............................................ .....................................................................
Consumer's signature
(only if the form is sent in paper version)
Date ............................................
(*) Delete as appropriate.
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