Regulations

Table of contents

Regulations

REGULATIONS OF THE INTERNET STORE of [name] with [date of first publication on website]

I. Definitions

The terms used in the Regulations shall mean:

1. Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special regulations grant legal capacity, who makes an Order from the Store;

2. Civil Code - Law of April 23, 1964. (OJ.U. No. 16, pos. 93 as amended.);

3. Regulations - these Terms and Conditions for the provision of electronic services within the [store name] online store;

4. Online Shop (Store) - Internet service available at [address], through which the Customer may, in particular, place Orders;

5. Merchandise - products presented in the Online Store;

6. Sales contract - agreement for the sale of Goods within the meaning of the Civil Code, concluded between [online store operator] and the Customer, concluded using the Store's website;

7. Consumer Rights Act - Law of May 30, 2014. on consumer rights (Dz.U. of 2014. pos. 827);

8. Law on provision of electronic services - Law of 18 July 2002. on the provision of services by electronic means (Dz. U. No. 144, item. 1204 as amended.);

9. Order - Customer's declaration of intent, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

II. General provisions

2.(1) These Regulations set out the rules for the use of the online store available at [address].

2.(2) These Regulations are the regulations referred to in Art. 8 Law on Provision of Electronic Services.

2.(3) The online store, operating at [address], is operated by [designation in accordance with Part I. textbook].

2.(4) These Regulations set forth in particular [depending on the available options]:

(a) the rules for registering and using an account within the online store;

b) the terms and conditions for making electronic reservations for products available through the online store;

d) principles of concluding Contracts of Sale with the use of services provided by the Internet Store.

2.(5) The use of the online store is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:

(a) Internet Explorer version [...] or later with [indicate necessary applications, e.g. Java applets] enabled, or

(b) [Web browser] version [...] or later with [...] enabled,

2.(6) In order to use the online store, the customer should on his own access to a computer workstation or terminal device, with access to the Internet.

2.(7) In accordance with applicable laws, [the operator of the Store] reserves the right to limit the provision of services through the Online Store to persons who are at least 18 years of age. In this case, potential customers will be notified of the above.

2.8. customers may access these Terms and Conditions at any time through the link provided on the home page of the website [web address] and download and print them.

2.(9) Information about the Goods given on the websites of the Store, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a contract, within the meaning of Art. 71 of the Civil Code.

III. Rules of use of the Online Store

3.(1) The condition to start using the Online Store is to register with it.

3.2 Registration is done by completing and accepting the registration form, made available on one of the pages of the Store.

3.3. the condition of registration is to agree to the content of the Regulations and provide personal data marked as mandatory.

3.4. the [name of the operator] may deprive the Customer of the right to use the Internet Store, as well as may restrict his/her access to part or all of the resources of the Internet Store, with immediate effect, in case of violation of the Regulations by the Customer, and in particular when the Customer:

a) provided data during registration in the online store that is untrue, inaccurate or outdated, misleading or violating the rights of third parties,

b) committed through the online store a violation of the personal rights of third parties, in particular the personal rights of other customers of the online store,

(c) engages in other behavior that is deemed by [name of instructor] to be in violation of applicable laws or general rules of Internet use or detrimental to the good name of [name of instructor].

3.(5) A person who has been deprived of the right to use the online store may not register again without the prior consent of [name of the operator].

3.(6) In order to ensure the security of the transmission of messages and data in connection with the services provided on the Website, the Online Store shall take technical and organizational measures appropriate to the degree of security threat to the services provided, in particular, measures to prevent unauthorized persons from obtaining and modifying personal data transmitted on the Internet.

3.7 In particular, the customer shall:

a) not to provide or transmit content prohibited by law, such as content that promotes violence, is defamatory or violates the personal rights and other rights of third parties,

b) use the Online Store in a manner that does not interfere with its operation, in particular through the use of specific software or devices,

c) not to take actions such as: sending or posting unsolicited commercial information (spam) within the Internet Store,

(d) use the Online Store in a manner that is not burdensome to other customers and to [name of operator],

e) use any content posted within the Online Store only for your own personal use,

f) use the Online Store in a manner consistent with the provisions of the laws in force in the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.

IV. The procedure for concluding a sales contract

4.(1) In order to conclude a Sales Contract through the Online Store, you must go to the website [address], make a selection [depending on the profile of the store in question, you can list here a specific type of goods and - possibly - also their specifications - such as the selection of goods and their colors or the selection of garden furniture and accessories from the Store's offer, etc.], taking subsequent technical actions based on the messages displayed to the customer and the information available on the website.

4.2 The selection of the ordered Goods by the Customer is made by adding them to the shopping cart.

4.(3) During the placement of the Order - until the moment of pressing the "Order" button - The Customer has the possibility to modify the entered data and in the selection of Goods. To do so, follow the messages displayed to the customer and the information available on the website.

4.(4) After the Customer using the Online Store has entered all the necessary data, a summary of the submitted Order will be displayed. The summary of the submitted Order will include information regarding:

(a) the subject matter of the contract,

b) the unit and total price of the ordered products or services, including delivery costs and additional costs (if any),

(d) the selected method of delivery,

(e) delivery time,

f) [...]

4.(5) In order to send an Order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and press the button "Order with obligation to pay".

4.6. sending of the Order by the Customer constitutes a declaration of intent to conclude a Contract of Sale with [operator of the Store], in accordance with the content of the Regulations. 1

4.(7) After the Order is placed, the Customer shall receive an e-mail entitled [...], containing the final confirmation of all material elements of the Order.

4.8. the Agreement shall be deemed concluded upon receipt by the Customer of the e-mail message referred to above.

4.9. the sales contract is concluded in the Polish language, with the content in accordance with the Regulations.

V. Delivery

5.1. the Delivery of the Goods is limited to the territory of the Republic of Poland and takes place at the address indicated by the Customer when placing the Order.

5.(2) Delivery of ordered Goods shall be made by courier service [or other delivery methods such as delivery by own transport or possibility of personal collection]. Delivery costs are [exact delivery costs or link to page with details]. In addition, delivery costs will be indicated at the time of placing the Order.

5.(3) The delivery period shall be from [...] to [...] working days counting from the day the Customer sends the Order.

5.4. customers may access these Terms and Conditions at any time through the link provided on the home page of the website [web address] and download and print them.
Recording, securing, making available and confirming to the Customer the important provisions of the Goods Sales Agreement is done by sending to the Customer at the e-mail address provided and by attaching to the parcel containing the Goods a printout of the confirmation, the order specification and the VAT invoice.

VI. Prices and payment methods

6.(1) The prices of the Goods are quoted in Polish zloty and include all components, including VAT (distinguished by the rate), customs duties and any other components.

6.2 The customer has the option to pay the price:

(a) by wire transfer to bank account number [...],

(b) payment in the system [indicating the electronic payment system],

c) payment by payment card [stating the operators whose cards are accepted and information about when the payment is collected, such as "the credit card is charged when the goods are shipped"],

(d) [other form of payment].

VII. Right of withdrawal (Please fill in the yellow highlighted fields according to the instructions at the bottom of the page.)

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period expires 14 days after [1]

To exercise your right of withdrawal, you must inform us [2] of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by mail, fax or e-mail).

You may use the model withdrawal form, but this is not mandatory. [3]

In order to comply with the withdrawal period, it is sufficient for you to send information concerning the exercise of your right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal from the contract

In the event of withdrawal from this contract, we will return to you all payments received from you, including the costs of delivery of the items (except for the additional costs resulting from your choice of delivery method other than the cheapest ordinary delivery method offered by us), immediately and in any case no later than 14 days from the day we are informed of your decision to exercise your right of withdrawal from this contract. We will refund your payment using the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees in connection with this refund. [4]
[5]
[6]
Note: Please read all the information and fill in the yellow highlighted fields according to the instructions at the bottom of the page.

VIII. Complaints about Goods

8.(1) [The online store operator] as a seller shall be liable to a customer who is a consumer within the meaning of Art. 22[1] of the Civil Code, under the warranty for defects to the extent specified in the Civil Code, in particular, in Art. 556 and Art. 556[1] - 556[3] of the Civil Code.

8.(2) Complaints arising from violation of the Customer's rights guaranteed by law, or under these Regulations, should be addressed to [email protected]. the [online store operator] undertakes to process each complaint within [14] days, and if this is not possible, to inform the customer within this period when the complaint will be processed.

8.3 [Online store operator] is not a manufacturer of goods. The manufacturer is liable under the warranty of the sold Goods under the conditions and for the period indicated in the warranty card. If the warranty document provides for this possibility, the customer may submit his claims under the warranty directly to the authorized service center, the address of which can be found in the warranty card.

IX. Complaints regarding the provision of electronic services

9.(1) [The operator of the online store] shall take steps to ensure the fully correct operation of the Store, to the extent that results from current technical knowledge, and undertakes to remove within a reasonable time any irregularities reported by customers.

9.(2) The customer shall immediately notify [the online store operator] of any irregularities or interruptions in the operation of the Online Store service.

9.(3) Irregularities related to the operation of the Store, the Customer may report in writing to the address: [address], by email at [email address] or by using the contact form.

9.(4) In the complaint, the Customer should provide his/her name, mailing address, type and date of occurrence of irregularities related to the functioning of the Store.

9.(5) [The online store operator] undertakes to consider each complaint within [14] days, and if this is not possible, to inform the customer within this period when the complaint will be considered.

X. Final provisions

10.(1) Settlement of possible disputes arising between [online store operator] and the Customer, who is a consumer within the meaning of Art. 22[1] of the Civil Code, shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.

10.(2) Settlement of possible disputes arising between [online store operator] and a customer who is not a consumer within the meaning of Art. 22[1] of the Civil Code of the Civil Code, shall be submitted to the court having jurisdiction over the seat of the [online store operator].

10.(3) In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on Providing Services by Electronic Means and other relevant provisions of Polish law shall apply.

Before applying the following template, which is prepared based on Polish law for stores selling on the Polish market, you should consider whether you should adapt the template to the needs of your online store. When publishing information on points in the regulations on other sites, use the same provisions to avoid contradictions. You should also fill in the fields marked in yellow.

Guidelines for completing a model instruction on withdrawal from the contract (VII. Right of withdrawal):

A consumer making a purchase from an online store must be informed, even before placing an order, of both his right to withdraw from the contract and the exceptional situations in which this right is excluded (Art. 12 points 9 - 12 of the Consumer Rights Act). This information - with the exception of information on the lack of the right of withdrawal - can be provided using the model instruction on withdrawal from the contract, which is attached as Appendix 1 to the Law on Consumer Rights. A trader who serves a consumer with a properly completed instruction fulfills the information obligations set forth in Art. 12 mouth. 1 points 9 - 11 of the Act.

In order to create a correct withdrawal notice, you need to read all the information provided below and complete the yellow highlighted fields depending on the conditions provided in the store.

Filling instructions:

The following guideline [1] refers to the prerequisites for the beginning of the period in which the consumer can withdraw from the contract. Depending on the conditions stated in the store, select the appropriate tip and include it in the above instruction in [1].

[1] Please put one of the following text passages in quotation marks:

in the case of service contracts or contracts for the supply of water, gas or electricity, where they are not supplied in a limited volume or in a fixed quantity, the supply of thermal energy or the supply of digital content that is not delivered on a tangible medium: "conclusion of a contract.";

in the case of a contract that obligates you to transfer ownership of a thing (e.g., a contract of sale, a contract of delivery or a contract for a work that is a movable object): "on which you took possession of the thing or on which a third party other than the carrier and indicated by you took possession of the thing".";

in the case of a contract obliging you to transfer ownership of multiple items that are delivered separately: "on which you took possession of the last of the items or on which a third party other than the carrier and designated by you took possession of the last of the items".";

in the case of a contract obliging you to transfer ownership of items delivered in lots or parts: "on which you took possession of the last lot or part or on which a third party other than the carrier and designated by you took possession of the last lot or part".";

in the case of contracts for regular delivery of goods for a definite period of time: "on which you took possession of the first item or on which a third party other than the carrier and indicated by you took possession of the first item".".

The following field [2] should be filled in depending on the contact methods described in the store.

[2] Please enter your name, full mailing address and, if available, your telephone number, fax number and e-mail address.

The following tip [3] applies to situations in which the trader also provides the consumer with the option to fill out an online withdrawal form.

[3] If you allow a consumer to complete and submit a withdrawal notice electronically on your website, please insert the following: "You may also complete and submit a withdrawal form or any other unambiguous statement electronically on our website [insert website address]. If you use this option, we will immediately send you an acknowledgment of receipt of your notice of withdrawal on a durable medium (for example, by e-mail).".

The following tip [4] applies to contracts for the purchase of goods.

[4] For contracts that obligate you to transfer ownership of an item, in which you have not offered to take the item back in the event of withdrawal, please write the following: "We may withhold reimbursement until we receive the item or until you provide us with proof of return, whichever event occurs first".".

The following tip [5] applies to contracts for the purchase of goods. Fill in all three subsections depending on the conditions stated in the store.

[5] If the consumer received things in connection with the contract:

(a) please write:

"We'll take the thing back.";

"Please send back or give us the item or ... [enter here the name and full postal address, if applicable, of the person authorized by you to receive the item], immediately, and in any case no later than 14 days from the day you informed us of your withdrawal from this contract. The deadline is met if you send the item back before the expiration of the 14-day period.";

(b) please enter:

- "We bear the cost of returning the item.";

- "You will have to bear the direct costs of returning the items.";

- If, in the case of a distance contract, you do not offer to bear the cost of returning the item, and the item, due to its nature, cannot be returned by mail in the usual manner: "You will have to bear the direct costs of returning the item: ... PLN [please enter amount]";

or if the cost of returning the goods cannot, in reasonable estimation, be calculated in advance: "You will have to bear the direct costs of returning the goods. The amount of these costs is estimated at a maximum of about ... PLN [please enter amount].";

If, in the case of off-premises contracts, the thing, due to its nature, cannot be returned by mail in the usual manner, and it was delivered to the consumer's place of residence at the time of the conclusion of the contract: "We will collect the thing at our expense";

and

(c) please write: "You shall be liable only for the diminution in value of the thing resulting from using it in a manner other than necessary to ascertain the nature, characteristics and functioning of the thing.".

The following guidance [6] applies to contracts for the provision of services or water, gas or electricity.

[6] In the case of contracts for the provision of services or the supply of water, gas or electricity, where they are not supplied in a limited volume or in a fixed quantity, or the supply of thermal energy, please enter the following: "If you have requested the commencement of service provision or supply of water/gas/electricity/thermal energy [delete as appropriate] before the expiration of the deadline for withdrawal from the contract, you will pay us an amount proportionate to the extent of the services performed up to the time when you informed us of your withdrawal from this contract.".

In order to create a correct withdrawal notice, you need to read all the information and fill in the yellow highlighted fields depending on the conditions stated in the store.