Regulations of the Online Store - sklep.maximuscnc.com
I. General provisions
- These Regulations define the general conditions, the method of providing electronic services and sales via the Online Store www.sklep.maximuscnc.com The store is run by MAXIMUS CNC TOMASZ KACZMAREK based in ul. Rzemieślników 13 03-684 Warsaw NIP number: 775-261-67-82, REGON number: 369747291 hereinafter referred to as the Seller.
- Contact with the Seller takes place through:
- e-mail address: firstname.lastname@example.org
- by phone: 600-700-530,
- the application form is available at: www.sklep.maximuscnc.com/kontakt
- These Regulations are continuously available on the website www.sklep.maximuscnc.com, in a way that allows its acquisition, playback and saving its content by printing or saving on a carrier at any time.
The terms used in the Regulations mean:
- Working days - these are days from Monday to Friday, excluding public holidays;
- Customer - a natural person who has full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, the specific provisions of which grant legal capacity, which places an Order within the Online Store or uses other Services available in the Store Internet;
- Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
- Account - a part of the Online Store assigned to a given Customer, by means of which the Customer may perform specific activities within the Online Store;
- Consumer - A customer who is a consumer within the meaning of art. 22  of the Civil Code;
- Entrepreneur with the rights of a consumer is a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional nature for it, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Business Economic.
- Entrepreneur - A customer who is an entrepreneur within the meaning of art. 43  of the Civil Code;
- Commodity - the product presented in the Online Store, the description of which is available for each of the presented products;
- Sales agreement - A contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
- Our services - services provided by the Seller to Customers by electronic means within the meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
- Consumer Rights Act - the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, No. 827);
- Act on the provision of electronic services - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
- Order - Customer's declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and quantity of the Goods.
III. Rules for using the Online Store
- Using the Online Store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
- a computer or a mobile device with Internet access,
- access to e-mail,
- Internet browser Internet Explorer version 11 or newer, Firefox version 28.0 or newer, Chrome version 32 or newer, Opera version 12.17 or newer, Safari version 1.1. or newer,
- Using the Online Store means any activity of the Customer that leads to his reading of the content contained in the Store.
- The customer is obliged in particular to:
- not to provide or transmit content prohibited by law, e.g. content that promotes violence, is defamatory or violates personal rights and other rights of third parties,
- use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
- not taking actions such as: sending or posting unsolicited commercial information (spam) as part of the Online Store,
- use the Online Store in a way that is not inconvenient for other Customers and for the Seller,
- use of any content posted on the Online Store only for personal use,
- use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as the general principles of using the Internet.
- The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
- The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form, available on one of the websites of the Online Store. The contract for the provision of the service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account or use the "Delete Account" button.
- The customer has the option of sending a message to the Seller via the contact form. The contract for the provision of a service consisting in the provision of an interactive form enabling customers to contact the Seller is concluded for a definite period of time and shall be terminated upon the Seller's answer.
- The customer has the option of posting individual and subjective statements relating to, inter alia, to the Goods or the course of the transaction. By adding statements, the customer declares that he has all rights to this content, in particular copyrights, related rights and industrial property rights. The contract for the provision of a service consisting in posting opinions about the Goods in the Online Store is concluded for a definite period of time and is terminated when the opinion is added.
- Statements should be drafted in a clear and understandable manner, and must not violate applicable law, including the rights of third parties - in particular, they must not be defamatory, violate personal rights or constitute an act of unfair competition. The posted statements are disseminated on the websites of the Online Store.
- By posting the statement, the Customer agrees to the free use of this statement and its publication by the Seller, as well as the preparation of works within the meaning of the Act on copyright and related rights (Journal of Laws 1994 No. 24 item 83).
- The Seller has the right to organize occasional contests and promotions, the terms of which will be announced on the Store's websites each time. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
- In the event of a breach by the Customer of the provisions of these Regulations, the Seller, after a previous unsuccessful call to stop or remove the violations, with an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.
V. Procedure for the conclusion of the Sales Agreement
- Information about the Goods provided on the Store's websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of art. 71 of the Civil Code.
- All Goods available in the Online Store are brand new, free from physical and legal defects and have been legally placed on the Polish market.
- The condition for placing an Order is having an active e-mail account.
- In the case of placing an Order via the Order form available on the Online Store website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Contract for the sale of Goods being the subject of the Order. An offer submitted in electronic form is binding for the Customer, if the Seller sends a confirmation of acceptance for the Order completion to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer, and upon its receipt by the Customer, a Sales Agreement is concluded.
- Placing an Order in the Online Store by phone or by sending an e-mail takes place on Business Days and hours indicated on the Online Store website. For this purpose, the client should:
- provide in the content of the e-mail addressed to the Seller the name of the Goods from among the Goods on the Store's website and its quantity,
- indicate the method of delivery and payment method from among the methods of delivery and payment provided on the Store's website,
- provide the data needed to complete the Order, in particular: name and surname, place of residence and e-mail address.
- Information on the total value of the Order is provided each time by the Seller orally after completing the entire Order or by informing by e-mail with the information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, at that moment the Sales Agreement is concluded.
- In the case of a Customer who is a Consumer, the Seller, each time after placing the Order via telephone or e-mail, sends the Customer a confirmation of the terms of the placed Order, which will include information on:
- description of the subject of the Order,
- the unit price and the total price of the ordered products or services, including taxes, including delivery costs and additional costs (if any),
- how to contact the Seller and his registration data,
- chosen method and date of payment,
- selected delivery method,
- delivery time,
- Customer contact details,
- that the conclusion of the Agreement entails the obligation to pay for the placed Order,
- instruction on the right to withdraw from the Agreement along with its sample.
- The contract is concluded when the Customer who is a Consumer (in response to the confirmation of the terms of the Order sent by the Seller) sends an e-mail to the Seller's e-mail address, in which the Customer: accepts the content of the Order sent and agrees to its implementation and accepts the content of the Regulations and confirms reading the instructions on withdrawal from the Agreement.
- After the conclusion of the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.
- The sales contract is concluded in Polish, with the content in accordance with the Regulations.
- The delivery of the Goods is limited to the territory of the Republic of Poland and is carried out to the address indicated by the Customer when placing the Order.
- The Customer may choose the following forms of delivery of the ordered Goods:
- via a courier company
- personal collection at the Seller's personal collection point
- The Seller on the Store's websites, in the description of the Goods, informs the Customer about the number of Working Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
- The date of delivery and execution of the Order is counted in Working Days in accordance with point VII point 2.
- The Seller, as requested by the Customer, provides a bill or a VAT invoice with the Goods for the Goods delivered.
VII. Prices and payment methods
- The prices of the Goods are given in Polish zlotys or in Polish zlotys according to the Customer's choice and include all components, including VAT, customs duties and other fees.
- The customer can choose the following payment methods:
- bank transfer to the Seller's bank account (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer, and the shipment will be made immediately after the funds are credited to the Seller's bank account and the Order is completed);
- cash on personal pickup - payment at the Seller's personal pickup point (in this case, the Order will be processed immediately after the Seller sends the confirmation of acceptance of the Order to the Customer, and the Goods will be released at the Seller's personal pickup point);
- cash on delivery, payment by the supplier when making the delivery (in this case, the implementation of the Order and its shipment will begin after the Seller sends the Customer confirmation of the Order and completing the Order);
- electronic payment via PayU (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order acceptance to the Customer and after the Seller receives information from the billing agent's system about the payment made by the Customer, and the shipment will be made immediately after completing the Order);
- The Seller on the Store's websites in the description of the Goods informs the Customer about the date on which he is obliged to pay for the Order. In the event of non-payment by the Customer within the time limit referred to in the preceding sentence, the Seller, after an unsuccessful call to cease or remove violations with the appointment of an appropriate deadline, may withdraw from the Sales Agreement pursuant to art. 491 of the Civil Code.
VIII. The right to withdraw from the Agreement
- The customer who is a consumer or Entrepreneur with Consumer rights may withdraw from the Agreement without giving any reason by submitting an appropriate statement within 14 days. To meet this deadline, it is enough to send a statement before its expiry.
- The customer may formulate the statement on his own or use the template of the declaration of withdrawal from the Agreement, which is attached as Annex 1 to the Regulations.
- The 14-day period is counted from the day on which the Goods were delivered or, in the case of the Contract for the provision of Services, from the date of its conclusion.
- Upon receipt of the declaration of withdrawal from the Agreement by the Consumer or an Entrepreneur with the rights of the Consumer, the Seller shall send to the Customer's e-mail address confirmation of receipt of the declaration of withdrawal from the Agreement.
- The right to withdraw from the Agreement by the Consumer is excluded in the event of:
- provision of services, if the Seller has fully provided the service with the express consent of the Consumer, who was informed prior to the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement;
- For an agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
- For an agreement where the subject of the service are non-prefabricated goods, manufactured according to the Consumer's specifications or serving to satisfy his individual needs;
- For an agreement where the subject of the service are Products that after delivery, due to their nature, remain inseparably connected with other items;
- For an agreement in which the Consumer expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer, or delivers Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement with regard to additional services or Goods;
- In the event of withdrawal from a Distance Agreement, the Agreement is considered void. What the parties have testified is returned unchanged, unless the change was necessary within the ordinary course of business, in particular stating the nature, characteristics and functioning of things. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.
- The Seller shall immediately, but not later than within 14 days from the date of receipt of the Consumer's or Entrepreneur's declaration of withdrawal from the Agreement, return all payments made by him, including the costs of delivering the Goods. The Seller shall refund the payment using the same method of payment as was used by the Consumer or Entrepreneur with the rights of the Consumer, unless the Consumer or Entrepreneur with the rights of the Consumer agrees to a different method of return, but this method will not involve any cost. The Seller may withhold the reimbursement of payments received from the Customer or Entrepreneur on the rights of the Consumer until the item is returned or the Customer or Entrepreneur on the Consumer's rights provides proof of its return, depending on which event occurs first, unless the Seller has proposed that he will pick up the thing himself.
- If the Consumer or the Entrepreneur with the rights of the Consumer chose a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the Consumer or the Entrepreneur with the Consumer's rights additional costs incurred by him.
- The Customer bears only the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.
IX. Complaints about the Goods under the warranty
- The Seller undertakes to deliver the Goods without defects.
- The Seller is liable to the Customer who is a Consumer or Entrepreneur on the rights of the Consumer under the warranty for defects on the terms set out in art. 556 - 576 of the Civil Code. In relation to Clients who are Entrepreneurs, the warranty is excluded. However, this exclusion does not apply to the Entrepreneur with Consumer rights.
- Complaints arising from the violation of the Customer's rights guaranteed by law or under these Regulations should be directed to the address MAXIMUS CNC TOMASZ KACZMAREK with its registered office at ul. Rzemieślników 13 03-684 Warsaw NIP number: 775-261-67-82, REGON number: 369747291, to the e-mail address: email@example.com, or using the contact form.
- In order to consider the complaint, the Customer should send or deliver the Goods under complaint, attaching the proof of purchase to it, if possible. The goods must be delivered or sent to the address indicated in point 2 above.
- The seller undertakes to consider each complaint within 14 days.
- In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the necessary extent immediately, but not later than within 7 days from the date of receipt of the request by the Customer. The seller reimburses the customer for shipping costs.
X. Complaints regarding the provision of electronic services
- The Customer may submit complaints to the Seller in connection with the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the following address: MAXIMUS CNC TOMASZ KACZMAREK based in ul. Rzemieślników 13 03-684 Warsaw, to the e-mail address: firstname.lastname@example.org or using the contact form.
- In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
- The Seller undertakes to consider each complaint within 14 days, and if it was not possible, to inform the Customer during this period when the complaint will be considered. In the event of deficiencies in the complaint, the Seller will call the Customer to supplement it to the extent necessary within 7 days from the date of receipt of the request by the Customer.
- The goods may be guaranteed by the manufacturer, the Seller or the importer.
- In the case of Goods covered by the guarantee, information on the existence and content of the guarantee and the period for which it was granted is each time presented in the description of the Goods on the Store's websites.
XII. Out-of-court methods of settling complaints and redress
- The Customer who is a Consumer has, inter alia, the following options for using out-of-court complaint and redress procedures:
- is entitled to apply to a permanent amicable consumer court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement;
- is entitled to apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
- may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). Advice is provided by the Consumer Federation at the toll-free consumer hotline number 800 007 707 and by the Polish Consumers Association at the email address :email@example.com;
- submit your complaint via the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
XIV. Final Provisions
- All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, website of the Online Store, as well as to forms, logos belong to the Seller, and their use may only take place in a specified and consistent manner. Regulations.
- Settlement of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
- Settlement of any disputes arising between the Seller and the Customer, who is an Entrepreneur or Entrepreneur with the rights of a Consumer, shall be submitted to a competent court in accordance with the relevant provisions.
- In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
- Each customer will be informed about any changes to these Regulations through the information on the main page of the Online Store containing a list of changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact within 14 days from the date of notification of the change in the Regulations. Notifying the Seller about the lack of acceptance of the new content of the Regulations results in the termination of the Agreement.