I. GENERAL INFORMATION

This document (hereinafter referred to as Rules) are the rules referred to in Article 8 of the Act of 18.07.2002 on electronic services, specifying the rights and obligations of persons using the online store available at https://230volt.com.pl/, run by the Service Provider: POLPAK PIOTR KOWALSKI; NIP: 7451610738; REGON: 380943046; WARMIŃSKO-MAZURSKIE voivodship, Szczytno pov. Szczytno, ul. Fryderyka Leyka, nr. 20, loc. -, postal code 12-100, post office Szczytno.

II. DEFINITIONS

  1. Working days - days from Monday to Friday with the exception of public holidays.

  2. Consumer - Buyer who is a consumer within the meaning of the Civil Code.

  3. Entrepreneur on the rights of the consumer - A buyer who is a natural person, entering into an agreement directly related to his business, where the content of the agreement indicates that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, available on the basis of the provisions of the Central Register and Information on Business Activity

  4. User Account - free space, allowing the Buyer to set up an individual user account in the Store.

  5. Buyer - any entity making purchases in the Store.

  6. Terms and Conditions - these Terms and Conditions.

  7. Store - 230volt" online store operated by the seller at https://230volt.com.pl/

  8. Seller - POLPAK PIOTR KOWALSKI; NIP: 7451610738; REGON: 380943046; WARMIŃSKO-MAZURSKIE voivodship, Szczytno county, Szczytno municipality, Szczytno localities. Szczytno, ul. Fryderyka Leyka, nr. 20, loc. -, postal code 12-100, post office Szczytno.

III. Contact Information

  1. Return address: Polpak 12-100 Szczytno, 20 Fryderyka Leyka St

  2. E-mail address: sklep@230volt.com.pl

  3. Phone number: 517 230 100

IV. Placing an order

  1. In order to make purchases in the Store (conclude a contract of sale), the first step is to add goods to the cart.

  2. Then the Buyer selects the method of delivery of goods, method of payment for the order, and enter their data (including the shipping address).

  3. The moment the Buyer confirms the content of the order and accepts the Terms and Conditions, a sales agreement is concluded between the Buyer and the Seller under the conditions specified in the Terms and Conditions, subject to paragraph 4 for cases in which the Buyer has chosen to pay in advance for the order.

  4. If the Buyer has chosen to pay in advance for the order, the sales agreement will be concluded on condition that the order is paid within the period specified in § 5 of the Regulations. After the expiry of this period the order will be cancelled.

  5. Seller shall provide the Buyer with a confirmation of the conclusion of the contract of sale on a durable medium within a reasonable time after its conclusion, at the latest at the time of delivery of goods.

  6. Buyer may make purchases using a user account or without setting up a user account by providing his details once in the designated order form in the store.

  7. In the case of the Buyer, who is also an entrepreneur, the order is possible only if he enters an active VAT number or VAT EU (VIES) in the order form.

V. Cost of the Order

  1. Prices given in the Store are gross prices, i.e. they include VAT.

  2. The total price of an order consists of the price of the goods and delivery costs specified in the Store.

VI. Payments

  1. The Buyer may pay for the goods purchased in the Store, depending on the method of payment selected when placing the order:

a)by bank transfer to the Seller's bank account,

b)via the payment platform Przelewy24 - by choosing this method you accept "Regulations for single payment transaction Przelewy24"

c) cash on delivery at the time of delivery.

  1. If the Buyer has chosen the method of payment referred to in paragraph 1 point a) for the order should pay within .... working days from the date of conclusion of the sales contract.

  2. The Seller informs that due to the specificity of the payment method referred to in paragraph 1 point. b), making payment in this way is possible only immediately after placing the order.

VII Order execution

    1. Goods purchased in the Store are delivered through a courier company, from the Seller's warehouse located in Poland.

    2. Order processing time is up to 2 working days, unless the Store has indicated a shorter period. If the Buyer places an order for more than 10 pieces of goods, order processing time may be extended, but no more than 7 working days.

    3. The order lead time is counted from the date of conclusion of the contract of sale, subject to paragraph 5.

    4. If the order consists of several products, the lead time for the whole order shall be the lead time for the product with the longest lead time.

    5. If the Buyer has opted for the payment referred to in § 5 passage 1 letters a) and b) the execution of the order shall be commenced upon receipt of payment for the purchased goods by the Seller.

    6. The goods are delivered in the territory of Poland.

    7. The Seller is obliged to deliver goods without defects. The principle described in the previous sentence does not apply to goods marked in the Store as category B goods, for which the defect was the basis for lowering the sales price.

    8. After placing an order, the Seller may ask the Buyer to:

a) completing a survey or,

b) send an invitation to the Buyer to the Buyer's e-mail address and/or telephone number provided during the order placement process to complete a survey in order to gauge the Buyer's opinion on the transaction with the Seller, which the Buyer may or may not use.

VIII. Withdrawal from the contract

(Right available only to the Consumer and, from 1 January 2021 and for contracts concluded from that date, to the Trader in the capacity of consumer)

  1. Consumer and Entrepreneur on the rights of the consumer has the right to withdraw from the contract concluded with the Seller through the Shop, subject to § 8 paragraph. 1 of the Regulations, within 14 days without giving any reason.

  2. Term to withdraw from the contract expires after 14 days from the date:

a) on which the Consumer or Entrepreneur with rights as a consumer has taken possession of the goods or on which a third party other than the carrier and indicated by the Consumer or Entrepreneur with rights as a consumer has taken possession of the goods,

b) on which the Consumer or the Entrepreneur with consumer rights took possession of the last of the items or on which a third party other than the carrier and indicated by the Consumer or the Entrepreneur with consumer rights took possession of the last of the items in the case of a contract that involves the transfer of ownership of multiple items that are delivered separately.

  1. In order for a Consumer or Entrepreneur with consumer rights to exercise the right of withdrawal, he must inform the Seller, using the data specified in § 2 of the Terms and Conditions, of his decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or information sent by e-mail).

  2. A Consumer or Entrepreneur with consumer rights may use the model withdrawal form at the end of the Terms and Conditions, but it is not obligatory.

  3. To meet the deadline for withdrawal it is sufficient for the Consumer or Entrepreneur with consumer rights to send information on exercising their right of withdrawal before the expiry of the deadline for withdrawal.

  4. In the case of withdrawal from the concluded contract the Seller returns to the Consumer or Entrepreneur with rights of the consumer all payments received from him, including the costs of delivery of goods (except for additional costs arising from the chosen by the Consumer / Entrepreneur with rights of the consumer way of delivery other than the cheapest ordinary way of delivery offered by the Seller). Reimbursement of payments will be made immediately, and in any case no later than 14 days from the date on which the Seller was informed of the decision of the Consumer or Entrepreneur on the rights of the consumer to exercise the right of withdrawal, subject to paragraph 9.

  5. Reimbursement of payments will be made by the Seller to the bank account provided by the Consumer / Entrepreneur on the rights of the consumer. In any case, the Consumer / Entrepreneur on the rights of the consumer will not incur any fees in connection with this return.

  6. The Seller may withhold reimbursement until it receives the goods or until it is provided with proof of their return, whichever event occurs first.

  7. The seller asks to return the goods to the address: Polpak ul.Fryderyka Leyka 20, 12-100 Szczytno, warmińsko-mazurskie province

  8. The consumer or Entrepreneur on consumer's rights bears the direct costs of returning the goods.

  9. If the goods due to its nature (e.g. due to its dimensions) can not be returned in the usual way by post the Consumer or Entrepreneur on the rights of the consumer will also have to bear the direct costs of returning the goods

  10. Consumer or Entrepreneur on the rights of the consumer shall be liable only for diminished value of the goods resulting from the use of the goods in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.

  11. Furthermore, the Seller informs that at the time of delivery of goods to the Consumer or Entrepreneur on the rights of the consumer or receipt by the Buyer / Entrepreneur - to the Buyer passes the risk of accidental loss or damage to the item and it is he who is responsible for the thing from that moment on.

  12. In connection with paragraph 13, the Seller recommends that returned goods, due to their nature, be properly secured for the duration of their transport to the Seller.

  13. In the event that the returned goods are damaged at the stage of sending them back to the Seller by the Consumer or the Entrepreneur on the rights of the consumer, the Seller shall inform the Consumer or the Entrepreneur on the rights of the consumer immediately providing him with documentation of damage. Consumer or Entrepreneur on the rights of the consumer is obliged within 3 days of receipt of this documentation to declare willingness to collect the damaged goods. In the absence of information about the desire to collect the damaged goods, after the expiry of the above deadline, the Seller is entitled to dispose of the damaged goods. The consumer or Entrepreneur on the rights of the consumer, based on the documentation received from the Seller, may seek compensation for damage to the goods from the carrier.

iX. Withdrawal from the contract - exclusions

  1. The right of withdrawal from the contract concluded at a distance, referred to in § 7, is not entitled to the Consumer or Entrepreneur on the rights of the consumer with respect to contracts:

a) in which the subject matter of the performance are things which after delivery, due to their nature, are inseparable from other things;

b) in which the object of performance is a non-refabricated item produced to the specification of the Consumer / Entrepreneur on the rights of the consumer or to meet his individual needs.

  1. The Seller informs that in the case where at the request and according to the specification of the Consumer / Entrepreneur on the rights of the consumer the Seller will make changes to the finished product (eg drilling additional holes, widening the holes, etc.) the Consumer or Entrepreneur on the rights of the consumer will not be entitled to return the goods (withdraw from the contract) in accordance with Article. 38 point 3 of the Consumer Rights Act.

  2. Seller informs that in the event that the Consumer or Entrepreneur on the rights of the consumer makes changes to the purchased goods, the Consumer or Entrepreneur on the rights of the consumer will not be entitled to return the goods (withdraw from the contract) in accordance with Article 38 paragraph 3 of the Consumer Rights Act.

x. Complaints

  1. In case of a defect in the goods, the Consumer or Entrepreneur on the basis of the consumer's rights for contracts concluded from 01.01.2021, has the right to claim the defective goods on the basis of the warranty regulated by the Civil Code Act. Defects of the sinks that constitute the basis for qualifying a given sink as a category B product and, as a result, affect the reduction of the selling price of a given sink, are excluded from the complaint.

  2. In case of a defect in the goods, the Consumer or Entrepreneur on consumer rights for contracts concluded from 01.01.2021 may, according to the rules and within the time limits specified by the Civil Code:

(a) make a statement of price reduction,

b) in the case of a material defect - make a declaration of withdrawal from the contract,

c) demand that the item be replaced with a defect-free item,

d) demand removal of the defect.

  1. In relation to the Entrepreneur other than the Entrepreneur on the rights of the consumer any liability of the Seller, to the extent permitted by law, (including under warranty for defects in goods, as well as for damages suffered) having to do with the Regulations is excluded.

  2. If a warranty has been granted for goods, information about it will be placed in the description of goods in the Store.

  3. Seller requests that the complaint made on the basis of warranty be sent electronically or in writing to the appropriate address specified in § 2 of the Terms and Conditions.

  4. In order to consider a complaint submitted under warranty, if necessary, the Consumer or Entrepreneur on the rights of the consumer for contracts concluded from 01.01.2021 is obliged, at the expense of the Seller, to deliver the defective goods to the postal address of the Seller indicated in § 2 of the Regulations.

  5. Seller recommends that the following information is included in the complaint: Buyer's identification data, a brief description of the defect, the moment of finding the defect and Buyer's complaint request.

  6. In case of visible damages, i.e. damages that can be seen immediately without opening the package (e.g. damage to the carton), a report should be drawn up by the package delivery person or the package should be refused.

  7. According to article 545 § 2 of the Civil Code the Buyer is obliged to examine the consignment at the time and in the way accepted for such type of consignments; if he finds that during transport there was a loss or damage to the goods, he is obliged to take all necessary steps to determine the liability of the carrier.

  8. Notification of damage that cannot be noticed externally, which the Buyer has noticed after taking delivery of the parcel, should take place within 7 days of taking delivery of the parcel.

  9. The requirement specified in paragraph 10 is related to the restrictions under the Transport Law.

  10. Complaints about the functioning of the Store should be submitted electronically to the e-mail address specified in § 2.2 of the Terms and Conditions.

  11. The Seller shall respond to the complaint within 3 days.

xI. Out-of-court ways of dealing with complaints and making claims

  1. In the situation when the complaint procedure fails to bring the result expected by the Consumer, the Consumer may use, among others:

a. rules of free mediation conducted by the appropriate Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. The list of Inspectorates is available here https://www.uokik.gov.pl/wazne_adresy.php#faq595,

b. the rules of free-of-charge assistance of the relevant permanent consumer arbitration court operating at the Regional Inspectorate of Trade Inspection, to which a petition for consideration of the case before the arbitration court should be submitted. The list of courts is available at https://www.uokik.gov.pl/wazne_adresy.php#faq596,

c. the free assistance of a municipal or district consumer advocate,

d. Online ODR platform available at http://ec.europa.eu/consumers/odr/.

XII. Personal Data

  1. The administrator of the Buyers' personal data submitted to the Seller in connection with the Store is the Seller.

  2. Buyer's personal data is processed primarily on the basis of the contract 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 (RODO). Detailed information on data processing by the Seller is contained in the Privacy Policy privacy policy located in the Store.

XIII. Technical requirements

  1. In order to use the Store, it is necessary to have a device with a web browser ensuring proper operation of JavaScript and coookies files, with access to the Internet, and for making purchases in the Store also an active e-mail account.

XIV. Final Provisions

  1. Sales agreement concluded on the basis of these Regulations concerns a specific and one-time order - it is concluded for the purpose and for the time of its execution. Each order requires a separate acceptance of the Terms and Conditions.

  2. Any recommendation of the Seller, which is contained in the Terms and Conditions, has in relation to the Consumer or Entrepreneur on the rights of the consumer only the nature of non-binding guidance, which the Consumer / Entrepreneur on the rights of the consumer may, but does not have to use. Non-use by the Consumer or Entrepreneur on the rights of the consumer of the Seller's recommendations in no way affects the rights of the Consumer or Entrepreneur on the rights of the consumer, and in particular does not affect the rights associated with the warranty and withdrawal from the contract referred to in § 7 of the Regulations.

  3. Regardless of the rights referred to in § 7 of the Terms and Conditions, each Party to the contract has the right to withdraw from the contract in case of delay of the other Party in performing the obligation within the period specified in the contract of sale without having to set an additional date. This provision does not prejudice the rights of the Consumer or Entrepreneur on the rights of the consumer under the law.

  4. It is prohibited to provide unlawful content by the Buyer.

  5. Contracts concluded in connection with the Shop are concluded in the Polish language.

  6. In case of any disputes with the Buyer who is the Entrepreneur, except for the Entrepreneur on the rights of the consumer, the competent court will be the court for the seat of the Seller.

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