ONLINE STORE TERMS AND CONDITIONS OF USE
I. GENERAL PROVISIONS
The Regulations define the rules of using the Store run by the Seller by Users, including Buyers.
The Regulations are continuously available on the Store's website in a way that enables Users to obtain, reproduce and record its content.
The terms used in the Regulations mean:
Seller - "Braletka" Rafał Szymański based in ul. Emilii Plater 3/2, 65-395 Zielona Góra, Poland, with the tax identification number NIP: 9291784079, activity entered the business register kept by the Mayor of Zielona Góra, who, conducting business activity, sells goods or provides services as part of the Store.
Store - a collection of websites and IT tools (website) managed by the Seller and allowing Users to conclude Purchase and Sale Agreements or Agreements for the provision of services, available in the Internet domain: www.active-quad.com
Buyer - a User who has concluded a Purchase and Sale Agreement or a Service Agreement as part of the Store.
Purchase and sale agreement - an agreement concluded in the Store on the terms resulting from the Regulations between the Seller and the Buyer, the subject of which is the sale of goods to the Buyer.
Agreement for the provision of services - an agreement concluded in the Store on the terms resulting from the Regulations between the Seller and the Buyer, the subject of which is the provision of services or services by the Seller to the Buyer.
Agreement - includes the Purchase and Sale Agreement and the Agreement for the provision of services.
Regulations - these Store Regulations.
Materials - information contained on the Store's websites and other websites to which links are placed on the store's websites, including names and descriptions as well as photos and graphic illustrations of goods, markings of goods producers.
User - Internet user using the Store, purchasing or intending to purchase goods or services presented by the Seller via the Store.
DOTPAY - Dotpay SA payment operator, with its registered office in Kraków, 30-552 Kraków, at 72 Wielicka Street, registered by the District Court Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register under the number 0000296790, with the NIP number 634-26-61 -860, NIP EU PL6342661860, REGON number 240770255 and share capital in the amount of PLN 4,000,000.00, fully paid in cash.
Newsletter - a service provided by the Seller, consisting in sending information by electronic means, including commercial information, in particular regarding the Seller and its products, the electronic sales industry, news, promotions and commercial offers.
III. GENERAL TERMS AND CONDITIONS OF USING THE STORE
A user who is a natural person may use the Store provided that he has full legal capacity.
A user who is not a natural person may use the Store through persons authorized to act on his behalf, subject to the provisions contained in section REGISTRATION IN THE STORE, point 4.
The User may use the Store via devices communicating with the Internet (computer, telephone, etc.), using a web browser.
The User is obliged to provide true, current and complete data in the forms referred to in the REGISTRATION IN THE STORE section, point 2 and 3 and follow the terms of the Regulations. The data provided by the User may not violate the provisions of the currently applicable law as well as personal rights and rights of third parties.
The User's use of the Seller's name, the Store's logo, Materials and other components of the Store (including the Store's graphic elements and the Store's layout and composition - the so-called layout) is prohibited, except for situations expressly indicated in the Regulations or when the use of items indicated in this point copyrights and industrial property objects is possible on the basis of the express written consent of the Seller or authorized third parties (including producers or distributors of goods or services). The User is obliged to protect and not disclose to third parties his login and password used to log in to the Store.
IV. REGISTRATION IN THE STORE
Users have the option to:
use the Store, including concluding Agreements, without the need to register, or
registering in the Store.
The conclusion of the Agreement for the purchase of a given product or service without prior registration in the Store is possible, subject to the other provisions of the Regulations, subject to the following conditions being met:
correctly completing the electronic online form available on the Store's website by providing the required data,
acceptance of the Regulations.
Consent to the processing of personal data provided in the order to the extent necessary for the implementation, delivery and handling of the order.
In the case of a legal person and an organizational unit without legal personality, registration in the Store, as well as all other activities of this entity in the Store, may only be performed by a person who is authorized to perform on behalf of this entity all activities related to the use of the store (including registration ) and to exercise all rights and obligations of this entity as a User (including the Buyer).
The Seller may request authentication of the data provided by the User mentioned in point 3, including updating the User's data, by sending the required documents to the Seller.
In the event of any change to the User's data provided during registration, the User should update them before concluding another Agreement, using the customer panel or the appropriate contact form available in the Store.
Upon registration in the Store, a User account is created, constituting a collection of resources in which information about the User and about his activities within the Store in connection with the concluded Agreements are collected. As part of his account, the User has, among others access to the history of your orders in the Store. The user can manage this data, update or delete the customer account.
V. PLACING ORDERS IN THE STORE - CONCLUSION OF THE CONTRACT
When browsing the website of the store, in particular presenting goods, services and shipping costs, the user has the opportunity to familiarize himself with their description, features, technical parameters, price and shipping costs, and additional costs. The Seller undertakes to present clear and reliable information on the above websites enabling the User to become acquainted with his offer. The seller undertakes to provide the customer with additional information (if he has it) if the information contained in the description is in a specific case insufficient for the customer. The customer should contact the seller via the contact form.
Before placing an order, the User places the goods or services they wish to purchase in a virtual basket. The virtual basket is a tool that allows the User to aggregate selected goods / services before purchasing them, convert the value of goods / services collected in the basket and calculate delivery costs. When selecting goods / services, the User may freely manage the contents of the basket by adding new goods / services to the basket or removing them from the basket.
After the final selection of goods / services for purchase, the User is directed to the online form used to place orders in the Store. The order submission form may be composed of sub-forms used to determine:
method of payment for goods / services.
Placing an order constitutes an offer within the meaning of the Civil Code, submitted by the User to the Seller. After receiving the order, the Seller verifies that the order has been placed correctly (in accordance with the provisions of the Regulations). If the Seller determines that the order has been placed incorrectly, the Seller will inform the User about it.
After submitting the correct order, the Seller shall immediately send the User information about the acceptance of the order (offer acceptance) to the e-mail address provided when placing the order or during registration. The contract for a given product or service is concluded when the Seller sends information about the acceptance of the order to the User.
VI. PAYMENT OF THE PRICE
The customer is obliged to pay the price for the goods / service ordered in the Store, including delivery costs, no later than within 7 days from the date of purchase, subject to the payment on delivery.
Payments for goods purchased in the Store by the Buyer or services ordered (price and delivery costs) are made using payment tools made available in the Store and on the terms specified by the Seller. The available payment methods are: Cash on delivery, Payment by bank transfer in PLN, Electronic payment via the DOTPAY payment operator, Payment via PayPal - a handling fee shown in the order summary is added to the value of the order.
All prices in the Store are gross prices including value added tax in the amount resulting from separate regulations. The costs of packaging and delivering goods / services to the User are given in the order summary.
The user purchases goods and orders services according to prices and the amount of delivery costs in force at the time of placing the order. The amount of delivery costs depends on the method of delivery chosen by the User.
The Seller reserves the right to change prices and the amount of delivery costs, in particular in the event of a change in the price lists of services provided by the entities performing deliveries. This provision does not apply to effectively placed orders.
The delivery takes place to the address indicated by the Buyer within the time limit specified in the offer, except for "made to order" products, the delivery time of which may be longer, about which the customer is informed. In the event of unforeseen delays in delivery, especially those caused by suppliers of goods or delays of the delivery company, the Seller will notify the Buyer of the possible delay and its reasons. Failure to meet the delivery date entitles the customer to cancel the order.
The place of performance related to the purchase of goods in the Store is the delivery address indicated by the Customer, subject to the goods collected personally by the Customers, where the place of performance is the personal collection point chosen by the Customer.
If the Seller cannot perform the service due to the fact that the goods or service are not available. Or have been damaged, immediately, but not later than within thirty days from the conclusion of the Agreement, will notify the Buyer and return the entire sum received from him, if any amount has already been paid.
In the event that the Seller cannot perform the obligation due to even a temporary inability to perform the service with the properties ordered by the consumer, he may be released from the obligation by performing a substitute service corresponding to the same quality and purpose and for the same price or remuneration, while informing the consumer in writing about his right not to accept this service and to withdraw from the contract with the return of the goods at the expense of the Seller.
To use the Newsletter, you need a computer with Internet access, a standard web browser and an active and properly configured e-mail.
The Newsletter is a free service provided by the Store for Users who are not Buyers and Users registered in the Store in accordance with Chapter III of the Regulations, consisting in informing Users about promotions, competitions, events, news by periodically sending content by electronic means in the form of an e-mail.
The purpose of using the Newsletter is:
fill in the Newsletter subscription form available on the Store's websites and agree to receive commercial information by electronic means or
consent to the sending of commercial information during registration in the Store.
It is possible to unsubscribe from receiving information as part of the Newsletter by filling out the Newsletter subscription form on the Store's websites, as well as by clicking the link available in the message sent as part of the Newsletter.
The User does not bear any fees for the use of the Newsletter towards the Seller.
IX. PERSONAL DATA PROTECTION
X. COMPLAINT PROCEDURE
The buyer may submit complaints to the Seller regarding the activities of the Seller and the use of the Store.
Complaints may be submitted in electronic form using the contact form available in the Store on the "Company details or contact" page or in writing to the Seller's address provided at the top of the Regulations. Buyers who have an account in the store can use the complaint handling function available in the customer panel. The complaint should contain at least:
name, surname, address, e-mail address of the Buyer,
the date of conclusion of the Agreement constituting the basis for the complaint or the order number
the subject of the complaint, indicating the Buyer's request,
all circumstances justifying the complaint,
The Buyer will be informed about the settlement of the complaint by e-mail or by traditional mail.
The store recognizes the complaint within 14 days from the date of its receipt in the correct form.
As long as the purchased goods are covered by a guarantee, e.g. by the manufacturer, importer, Seller, etc., the scope of which is confirmed by the guarantee document issued with the goods, irrespective of other warranty rights, the Buyer may file a complaint, referring to the scope of the guarantee granted.
XI. WITHDRAWAL FROM THE CONTRACT, TERMINATION, WARRANTY
Pursuant to the Act of 30 May 2014 on consumer rights, the Buyer who is a consumer may withdraw from the Agreement without giving reasons within 14 days from the date of receipt of the goods, and if the Agreement concerned a service - within 14 days from the date of conclusion of the Agreement for the provision of services. , subject to paragraph 5 below.
To meet the withdrawal deadline, it is sufficient to send a written statement of withdrawal in paper form or by e-mail. For this purpose, the buyer may use the template of the declaration provided, inter alia, on the "Complaints and returns" page. After receiving the declaration, the Seller will send the Buyer a confirmation of its receipt on a durable medium.
In the event of withdrawal from the Agreement, the Agreement is considered void. What the parties testified is returned unchanged. The return should be made immediately, no later than within fourteen days. The costs of return are borne by the Buyer.
In the case of a prepayment made by the Buyer, the Seller is obliged to return the price of the goods and the cost of the cheapest delivery available at the time of purchase of the goods.
Withdrawal from the Agreement by the Buyer who is a consumer is not possible in cases where the return is subject to the return of services and goods, the purchase of which, in accordance with applicable law, cannot be withdrawn or personalized items made to order, such as colour grippers.
If the duration of the Contract for the provision of services is not specified, either party may terminate it without giving reasons, with a monthly deadline, unless the parties have agreed a shorter notice period.XII. TECHNICAL BREAKS
The Seller is not responsible for the Users' inability to use the Store due to force majeure.
The Seller reserves the right to interruptions in access to the Store caused by its technical service, maintenance work or work on improving the functionality of the Store. At the same time, the Seller undertakes to make every effort to ensure that the above-mentioned breaks take place at night and last as short as possible.
XIII. FINAL PROVISIONS
The Seller reserves the right to change the provisions of the Regulations. The change comes into force upon the publication of the amended Regulations on the Store's website in relation to the Store in which the Sales Agreement or the Agreement for the provision of services (one-off) is concluded, subject to the provisions of point XIII.3 of the Regulations.
The amendment to the Regulations does not apply to Agreements concluded before the entry into force of the new Regulations. In the case of concluding the Agreements referred to in the preceding point, after the entry into force of the amended Regulations, the Buyer will be asked to accept the new Regulations.
In the case of Stores where the Agreement for the provision of services of a continuous or periodic nature is concluded, the amendment to the Regulations shall enter into force on the date indicated by the Seller, but not earlier than 45 days from the date of publication of the amended Regulations on the Store's website and simultaneous notification of including Users to the e-mail address assigned to the account.
If the content of the new Regulations is not accepted, the User has the option to terminate the Agreement for the provision of services of a continuous or periodic nature in the manner provided for in point XI.5 of the Regulations.
If the periodic service expires during the notice period, the Agreement will be terminated at that moment and will not be extended for another period.
In all matters not regulated in these Regulations, the provisions of generally applicable Polish law shall apply. In matters relating to the use of DOTPAY services in connection with the use of the Store, the relevant provisions of the Regulations for the provision of the DOTPAY service shall apply.
Users who are consumers have the option of using an out-of-court complaint and redress procedure before the Permanent Consumer Arbitration Court at the Provincial Inspector of Trade Inspection. Information on how to access the above-mentioned The mode and procedures for resolving disputes can be found at the following address: www.uokik.gov.pl, in the "Settlement of consumer disputes" tab. You can also use this page directly.
ANNEXES TO THE REGULATIONS
Annex No. 1. Complaints and returns