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Store Regulations

§ 1
Introductory provisions
  1. The following Regulations define a set of standards and rules governing the manner of conducting transactions through the Termipol.pl online store. The use of the Online Store may be carried out only on the terms and to the extent indicated in the Regulations.
  2. The Termipol.pl Internet Store, available at the Internet address https://termipol.pl/, is run by Jakub Szczerba conducting business activity under the name Termipol, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for economy, NIP 575-180-10-22, REGON 362191270.
  3. The content of the Terms and Conditions is continuously and freely available on the website https://termipol.pl/regulamin-sklepu in a manner that allows the Customers to obtain, read and record its content by printing or saving it on a carrier at any time.
§ 2
Definitions
  1. Consumer - a Client who is a natural person using the Website or interested in using the Website, being a consumer within the meaning of Article 22[1] of the Civil Code (a natural person who makes a legal transaction not directly related to his/her business or professional activity)
  2. Entrepreneur - a customer who is an entrepreneur within the meaning of Article 43[1] of the Civil Code.
  3. Price - it is understood as the price expressed in Polish zloty. The Product price is given as the price including VAT (gross price). The price does not include Delivery Costs.
  4. Registration form - a form available in the Store that allows you to create an Account.
  5. Orderform - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  6. Customer - a person making purchases through the Store.
  7. User Account (Account) - customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.
  8. Delivery costs - costs of delivering Products covered by a confirmed Order to the address indicated by the Customer.
  9. Shoppingcart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is possible to determine and modify the Order data, in particular the number of Products.
  10. Product - a movable item available in the Store which is the subject of a Sales Contract between the Customer and the Seller.
  11. Terms and Conditions - these rules and regulations of the Store.
  12. Seller - Jakub Szczerba conducting business activity under the name Termipol, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy.
  13. Online Store (Store) - an online store operated by the Seller at the Internet address https://termipol.pl/.
  14. Sales Agreement - a contract of sale of a Product concluded or entered into between the Customer and the Seller through the Online Store.
  15. Order - the Customer's declaration of will placed via the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller. Orders are placed using the function of adding a product to the shopping cart and then through the "I confirm order" button. In order for the order procedure to be carried out correctly, it is necessary to create a user account through the Registration Form, through which you can also observe the status of the order processing.
§ 3
Contact with the Store
  1. Address of the Seller: Powstańców Śl. 64/42-700 Lubliniec
  2. Seller's e-mail address: info@termipol.pl
  3. Vendor's phone number: 34 39 30 015
  4. Vendor's fax number : 34 39 30 015
  5. Seller's bank account number 32 1050 1155 1000 0092 1478 2709
  6. The Customer may communicate with the Seller using the addresses and telephone numbers specified in this paragraph.
  7. The Client may communicate with the Seller by phone between the following hours : 8-16
§ 4
General information
  1. To the fullest extent permitted by law, the Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the Client's technical infrastructure.
  2. Browsing the assortment of the Store does not require creating an Account. Placing orders by the Customer for Products in the Store's assortment is possible after creating an Account in accordance with the provisions of § 5 of the Regulations.
  3. Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
  4. The final (final) amount to be paid by the Customer consists of the price for the Product and the cost of delivery (including charges for transportation, delivery and postal/courier services), of which the Customer is informed on the pages of the Store when placing an Order, including at the moment of expressing the will to be bound by a Sales Contract.
  5. The use of the Online Store is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements:
    1. computer or mobile device with access to the Internet,
    2. access to e-mail,
    3. web browser with JavaScript and cookies enabled, (recommended web browser : Internet Explorer version 11 or later, Firefox version 28.0 or later or Chrome version 32 or later, Opera version 12.17 or later, Safari version 1.1. or later);
    4. a program to read files in PDF format.
  6. The Customer's obligations include:
    1. not to use the Online Store in a manner that would violate the laws in force in the Republic of Poland or the provisions of these Terms and Conditions, decency, the personal interests of third parties or the legitimate interests of the Seller, and in particular not to provide content of an unlawful nature, including, for example, content that is defamatory, promoting violence;
    2. respecting personal rights and other rights, including intellectual property rights of third parties;
    3. using the Online Store in a manner that does not interfere with its operation, in particular through the use of special software or devices;
    4. not to send or post unsolicited commercial information (spam) or unwanted correspondence within the Internet Store;
    5. such use of the Online Store that will not be burdensome for other Customers and for the Seller;
    6. proper (in accordance with the instructions for use) use of the Goods and their proper maintenance.
§ 5
Creating an Account in the Store
  1. In order to set up an Account in the Store, it is necessary to fill in the Registration Form. It is necessary to provide the following data: First Name, Last Name, Address, Phone, Email address.
  2. Setting up an Account in the Store is free of charge.
  3. Logging into the Account is done by providing the login and password established in the Registration Form.
  4. The Customer has the opportunity to delete the Account at any time, without giving any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular via e-mail or in writing to the addresses specified in § 3.
  5. The Agreement for the provision of the Account service is concluded for an indefinite period of time. This agreement will be provided until the Account is removed or until the Customer sends a request to remove the Account.
§ 6
Rules of placing an Order
  1. Information about the Goods given on the Store's websites, including their descriptions, technical parameters and characteristics, as well as the price, constitute an invitation to conclude an Agreement, within the meaning of Article 71 of the Civil Code.
  2. All Goods available on the Store's websites are new and free from physical and legal defects.
  3. The condition for placing an order is having an Account.
  4. The Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Contract for sale of the Goods which are the subject of the Order. An offer made in electronic form becomes binding for the Customer if the Seller sends a confirmation to the e-mail address provided by the Customer, which constitutes the Seller's statement of acceptance of the Customer's offer. As soon as the Customer receives the statement of acceptance of the Order for execution, the Contract of Sale is concluded. If the Buyer is a Consumer, the Contract is concluded as soon as the Customer sends a confirmation of the terms of the Order in the form of an email message to the Seller's email address, in which the Customer accepts the content of the sent Order, agrees to its execution and accepts the content of the Regulations and confirms that he has read the instruction on the right to withdraw from the Contract.
  5. The Seller, in accordance with the Customer's will, will provide with the Goods either a receipt or a VAT invoice.
  6. The Customer is obliged to provide correct data for issuance and delivery of a VAT invoice.
  7. To place an Order, you must:
    1. add the Product to the Cart;
    2. click the "I confirm the order" button;
    3. set up a Customer Account;
    4. fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, select the type of shipment (method of delivery of the Product), enter the data for the invoice, if different from the data of the recipient of the Order,
    5. click the "Order and pay" button
    6. select the payment method and, depending on the payment method, pay for the Order within the specified time, subject to § 7 item 3.
  8. Order can be placed 24 hours a day throughout the year. Orders placed on weekdays after 1:00 pm, on Saturdays, Sundays and holidays - will be processed the next business day. The Seller is not responsible for delays in delivery of goods to the Customer, resulting through no fault of the Seller.
  9. If the Customer is not a Consumer, in the event of circumstances that make it completely or temporarily impossible to fulfill the order placed, the Seller reserves the right to suspend the execution of the order - about the situation he undertakes to immediately notify the Purchaser (Customer).
  10. The Seller does not accept packages sent at his expense and packages sent COD.
§ 7
Offered methods of delivery and payment
  1. Customer may use the following methods of delivery or pickup of the ordered Product:
    1. Courier delivery, cash on delivery,
    2. Parcel delivery to parcel machines,
    3. Personal collection available at the business address
  2. Customer may use the following payment methods:
    1. Payment on delivery
    2. Payment on delivery
    3. Payment by bank transfer to the Seller's account
    4. Electronic payment
  3. Detailed information on delivery methods and acceptable payment methods can be found behind the pages of the Store.
§ 8
Execution of the Sales Contract
  1. Conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer places an Order using the Order Form on the Online Store in accordance with § 6 of the Terms and Conditions.
  2. After placing the Order, the Seller accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Client an appropriate e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
  3. If the Customer chooses:
    1. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date of concluding the Sales Agreement - otherwise the order will be cancelled.
    2. payment by cash on delivery, the Customer is obliged to make payment on delivery.
    3. payment in cash upon personal collection of the shipment, the Customer is obliged to make payment upon collection of the shipment.
  4. If the Customer has chosen a method of delivery other than personal collection, the Product will be shipped by the Seller on the date indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
  5. In the case of ordering Products with different delivery dates, the delivery date shall be the longest date specified.
  6. The beginning of the period for delivery of the Product to the Customer is calculated as follows:
    1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    2. In case the Customer chooses the payment method by cash on delivery - from the date of conclusion of the Sales Agreement,
  7. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during placing the Order.
  8. In case of ordering Products with different readiness for collection dates, the readiness for collection date is the longest date given.
  9. The beginning of the period when the Product is ready for collection by the Customer is counted as follows:
    1. If the Customer chooses the method of payment by wire transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    2. If the Customer chooses the method of cash on delivery in person - from the date of conclusion of the Sales Agreement.
  10. Delivery costs apply only to the territory of Poland. In other cases, the costs and terms of delivery will be agreed individually.
  11. Delivery of the Product to the Client is chargeable. The Product delivery costs (including transportation, delivery and postal/courier service fees) are indicated to the Customer on the Online Store pages under the "Delivery" tab and during Order placement, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
  12. Personal collection of the Product by the Customer is free of charge.
§ 9
Right of withdrawal
  1. The Consumer may, within 14 days, withdraw from the Sales Agreement or from the Contract - without giving any reason by submitting an appropriate statement.
  2. The running of the period specified in paragraph 1 starts from the delivery of the Goods to the Consumer or, in the case of a Service Agreement, from the date of its conclusion.
  3. In the case of an Agreement that includes multiple Goods that are delivered separately, in batches or in parts, the period specified in paragraph 1 shall run from the delivery of the last item, batch or part.
  4. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send a statement before the expiration of the 14-day period. The statement of withdrawal from the Contract may be formulated by the Consumer on his/her own, or it may be a model statement of withdrawal from the Contract, which is attached as Appendix No. 6 to the Regulations. A notice of the Consumer's right to withdraw from the Contract is attached as Appendix No. 7.
  5. The statement may be sent by snail mail, by sending the statement to the e-mail address of the Seller or submitted in person.
  6. Upon receipt of the Consumer's electronic statement of withdrawal from the Contract, the Seller will send an acknowledgement of receipt of the statement of withdrawal to the Consumer's e-mail address.
  7. Effects of withdrawal from the Contract:
  1. In the case of withdrawal from the Contract concluded at a distance, the Contract shall be considered not concluded;
  2. In the case of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivery of the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller;
  3. The Seller will refund the payment using the same methods of payment used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different method of refund, and this method will not involve any cost to the Consumer;
  4. the purchased Goods should be returned to the Seller's address. The Consumer should return the Goods to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Agreement. The deadline will be met if the Consumer sends back the Goods before the expiration of the 14-day period;
  5. The Seller will withhold reimbursement until he receives the Goods back or until he is provided with proof of their return, whichever event occurs first;
  6. The consumer shall be liable only for any diminution in the value of the Goods resulting from the use of the Goods in a manner other than necessary to ascertain the nature, characteristics and functioning of the Goods.
  1. The right to withdraw from a Contract concluded at a distance is not granted in the following cases:
  1. the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the start of the service that after the fulfillment of the service by the entrepreneur will lose the right to withdraw from the Agreement;
  2. in which the price or remuneration depends on fluctuations in the financial market, over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal from the Agreement;
  3. in which the subject of the performance is a non-refabricated thing, produced according to the consumer's specifications or serving to meet his individualized needs;
  4. in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life;
  5. in which the subject of the performance is an item delivered in sealed packaging that cannot be returned after opening the packaging for health or hygienic reasons, if the packaging has been opened after delivery;
  6. in which the subject of the performance are things that after delivery, due to their nature, become inseparably connected with other things;
  7. in which the subject of the performance are alcoholic beverages, the price of which was agreed upon at the conclusion of the sales contract, and the delivery of which can only take place after 30 days and the value of which depends on market fluctuations over which the entrepreneur has no control;
  8. in which the consumer expressly requested that the trader come to him to perform urgent repair or maintenance; if the trader provides additional services other than those which the consumer requested, or provides things other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the Contract with respect to additional services or things;
  9. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
  10. for the supply of newspapers, periodicals or magazines, except for a subscription contract;
  11. concluded through a public auction;
  12. for the provision of accommodation services other than for residential purposes, transportation of goods, rental of cars, catering, services related to leisure, entertainment, sports or cultural events, if the Contract specifies the day or period of service;
  13. for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the Agreement and after the entrepreneur has informed him of the loss of the right to withdraw from the Agreement.
§ 10
Complaints
  1. The Contract of Sale covers new Goods, and the Seller is obliged to provide the Customer with a defect-free item.
  2. The Seller shall be liable to the Customer who is a Consumer under the warranty for defects under the terms of Articles 556 - 576 of the Civil Code.
  3. The Customer may submit a complaint concerning, among other things, the quality, quantity, price or settlement of the Order, delivery conditions or concerning the functioning of the store in writing. Complaints can be submitted in writing, in the form of a registered letter, to the address of the Seller, by regular mail or e-mail, or by using the contact form.
  4. In order to consider a complaint about the Goods, the Customer should send or deliver the Goods under complaint, if possible - attaching to it a proof of purchase. The Goods should be delivered or sent to the Seller's address.
  5. The complaint should include the designation of the person making the complaint (name and surname or name of the company, address of residence or registered office, e-mail address) and a description of the problem occurring, which is the cause of the complaint. Sample of the complaint form is attached as Appendix No. 3 to these Regulations, but using it is not mandatory.
  6. The Seller undertakes to consider any complaint regarding the Product within 14 calendar days, and a complaint regarding Electronic Services - within 30 calendar days.
  7. In case of deficiencies, the Seller will call on the Customer to supplement the complaint to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Customer. The deadline for responding to the Consumer is 30 calendar days.
  8. If a warranty has been issued for the Goods, the information about it, as well as its content, will be included next to the description of the Goods in the Store. The Seller will also attach the warranty card to the sold Goods.
§ 11
Entrepreneurs
  1. The provisions of this paragraph apply only to Customers who are Entrepreneurs.
  2. The Customer (client) who is an Entrepreneur is not entitled to withdraw from the Contract with the Seller.
  3. The Seller has the right to withdraw from the Sales Contract without giving any reason within 10 days from the date of its conclusion. On this account the Entrepreneur is not entitled to any claims against the Seller.
  4. At the moment of handing over the Products being the subject of the Sales Agreement to the carrier, the benefits and burdens associated with the Products and the danger of their accidental loss or damage are transferred to the Entrepreneur.
  5. Upon receipt of the Products, the Entrepreneur shall be obliged to check their condition. If any damage or other objections are found during receipt of the Products, the Entrepreneur is obliged to draw up - in the presence of the carrier - a protocol of objections, specifying precisely the quantity and type of Products and their damage in accordance with the procedure in force at the given carrier.
  6. The Seller is not responsible for the actions of the carrier. The Seller shall not be liable for damages resulting from the incorrectness of the data provided by the Customer during the placement of the Order, caused by the incorrect provision of contact details or the address of receipt, and including does not bear the cost of shipping.
  7. In relation to Entrepreneurs, liability under the warranty for defects specified in Articles 556 - 576 of the Civil Code is excluded.
  8. Any disputes arising between the Seller and the Entrepreneur will be submitted to the court having jurisdiction over the seat of the Seller.
§ 12
Personal data
  1. The basis for processing of personal data by the Seller is the execution of the Agreement
  2. The administrator of Customers' personal data collected through the Store is the Seller. Customers' personal data are collected solely for the purpose of executing the Sales Contract or the Service Contract.
  3. Customers' personal data are processed by the Seller solely for the purpose of executing the Agreement. The basis for data processing is Article 6(1)(b) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, RODO).
  4. The personal data will be processed for the period necessary for the performance of the Agreement or for the provision of the Service or until the termination of the Agreement/cancellation of the Service and/or any objection by the data subject, and thereafter for the purposes and for the period required by law or to secure any claims.
  5. The Customer has the right to access the content of his personal data and the right to rectify, delete or restrict its processing, the right to data portability and the right to object to its processing, as well as the right to lodge a complaint with a supervisory authority. In order to exercise the rights referred to above, the Customer should send a relevant message in writing or via e-mail to the Seller's address indicated at the beginning.
  6. Provision of personal data is voluntary, but necessary to execute the Agreement and/or provide the Service.
  7. The Seller shall not be liable for the provision of personal data of third parties by persons using the Service. Any disputes arising in connection with the performance of agreements on the Website will be resolved amicably.
  8. The Seller makes special efforts to protect the privacy and information provided to him and concerning the Customers. The Seller shall select and apply with due diligence appropriate technical measures, including those of an IT and organizational nature, to ensure the protection of the processed data, in particular to protect personal data from threats during data transfer and from access by third parties to such data.
  9. The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable laws and in accordance with the Privacy Policy, which constitutes Appendix No. 5 to the Regulations.
  10. If the Customer's data changes, the Customer should inform the Seller about the changes.
§ 13

Out-of-court Methods of Handling Claims and Investigating Claims

1.The Consumer has the right to use out-of-court ways to resolve disputes in the field of complaints and asserted claims. Detailed information on the investigation of claims and information on the relevant procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, as well as Provincial Inspectorates of Trade Inspection and at the website of the Office of Competition and Consumer Protection:(http://www.uokik.gov.pl).

2.The consumer may:

    1. apply to the permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws 2001 No. 4 item 25, as amended), with a request to resolve a dispute arising from a contract for the sale of services. The Rules of Organization and Operation of Permanent Arbitration Consumer Courts are set forth in the Ordinance of the Minister of Justice of September 25, 2001 on Determining the Rules of Organization and Operation of Permanent Arbitration Consumer Courts. (Journal of Laws 2001, no. 113, item 1214);
    2. apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Commercial Inspection Act of December 15, 2000 (Journal of Laws 2001 No. 4, item 25, as amended), to initiate mediation proceedings for the amicable termination of a dispute between the Consumer and the Service Provider;
    3. gain free information on assistance in resolving a dispute between a Consumer and a Service Provider, also using free assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Information on where to obtain this type of assistance can be found, among others, on the website of the Association of Polish Consumers at http://www.konsumenci.org/pomoc-konsumencka,pomoc-konsumencka,2,27.html.

3.In addition, the Consumer can use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and businesses seeking out-of-court settlement of disputes regarding contractual obligations arising from an online sales contract or service contract.

§ 14
Final provisions
  1. Contracts concluded through the Online Store are concluded in the Polish language.
  2. The content of these Regulations is subject to change. Information about changes to the Regulations will be posted on the Website. The effective date of changes will not be shorter than 14 days from the date of their announcement. If the User who has an Account does not accept the new content of the Regulations, he/she should notify the Service Provider within 14 days from the date of informing about the change of the Regulations, sending the relevant information to the Service Provider's e-mail address. Lack of acceptance will result in termination of the Agreement.

  3. In matters not covered by these Regulations, the generally applicable provisions of Polish law shall apply.
  4. The Client has the right to use out-of-court ways of dealing with complaints and claims.



ANNEXES

The following attachments are an integral part of the Terms and Conditions:

  1. Technical Interruption Policy
  2. Model Complaint regarding the provision of electronic services
  3. Information on specific risks associated with the use of services provided electronically by users in connection with the operation of the iPomiar Service.
  4. Privacy Policy
  5. Model declaration of withdrawal from the agreement
  6. Informing about the Consumer's right to withdraw from the contract for the provision of services



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