Regulations of the "www.izpol.pl" online shop
These Regulations set out the rules for the conclusion of sales contracts through the "Izpol" Internet shop and the performance of these contracts, the rights and obligations of the shop and the customer and the rules for the complaint procedure.
Placing an order by the customer is tantamount to acceptance of these Regulations.
The Internet Store " Izpol " available at http://www.izpol.pl is owned by IZPOL Sp.j Maria Buchert Ewa Wadoń, with the registered office in Poznań at ul. Głogowska 261 60-104 Poznań, NIP (Tax Identification Number): 779-00-21-772, REGON (Business Identification Number): 632193277 (entered in the National Court Register kept by the District Court Poznań-Nowe Miasto and Wilda in Poznań, 8th Commercial Department under KRS number: 0000091070 ) (hereinafter: Izpol or the Seller).
1. SUBJECT OF THE ACTIVITIESOF THE STORE
1.1. The "Izpol" Store sells fabric and sewing accessories. The website makes it possible to place orders and reservations for the goods listed on the website www.izpol.pl
2.1. The Buyer can be a natural person, a legal person or an organizational unit without legal personality, to which the law grants legal capacity (hereinafter: the Buyer or the Customer).
2.3 A consumer is a natural person who makes a legal transaction with the Seller that is not directly related to his business or professional activities.
2.4 An entrepreneur is a natural person, a legal person and an organizational unit, conducting business or professional activity on its own behalf.
3.1. All the goods offered in the shop "Izpol" are brand new and free from physical and legal defects. All goods have been legally introduced to the Polish market.
3.2. Goods are sold by running meters, coupons or pieces. The minimum order quantity must not be less than 0.50 m.b. The minimum order quantity must not be less than 0.50 m.b., one fabric coupon or one piece.
4.1. All the prices quoted on the "Izpol" website are in Polish zloty (PLN), are gross prices (i.e. they include all components such as customs duties and taxes, including VAT) and take into account the discount for payment in cash or by bank transfer.
4.2 The price binding for the parties is the price at which the customer ordered the goods in the order.
4.3. Product prices do not include the cost of delivery, which depends on the method of its implementation.
5. TAX DOCUMENTATIONOF PURCHASES
5.1. Fiscal receipts or VAT invoices are issued for all the goods ordered in the "Izpol" Internet shop. Pursuant to the provisions of the Act on Tax on Goods and Services of March 11, 2004 (i.e. Journal of Laws of 2011, No. 177, item 1054 as amended) the customer's signature - as the purchaser of the goods - is not obligatory in the contents of a VAT invoice. In this situation the buyer shall receive only the original invoice signed by the seller. It should be taken into consideration that in case the buyer being a natural person places an order or makes a purchase using the data (e.g. including the name/company) concerning the business activity conducted by this buyer, it shall be presumed that the purchase is made by him in connection with such activity and the invoice shall be issued to this buyer as an entrepreneur.
6. ORDERS AND TIMER RESERVATIONS
6.1. The order and temporary reservations in the "Izpol" Internet Store can be placed in the following way:
a) by means of the IT system (the website) of the Internet shop,
b) by e-mail sent to the address: firstname.lastname@example.org.
6.2. The order, mentioned in item 6.1.b of the present regulations, has to include the name and surname of the ordering party, its postal address and e-mail address, Tax Identification Number (it pertains only to business entities purchasing the goods and is used for issuing a correct VAT invoice), delivery address, phone number as well as names, quantities and prices of the ordered goods.
6.3. The Seller accepts orders or reservations for execution after checking the availability of the ordered or reserved product in stock.
6.4 Orders and reservations are processed in the order of placing an order. The execution time is determined by the number of the order, reservation and therefore we encourage you to submit orders, reservations through the online store system, which guarantees the immediate transmission of the order number, reservation.
7. 1. Confirmation of the acceptance of the order and reservation for execution takes place within a maximum of 8 working hours (working hours are understood as the hours between 9:00 and 17:00, Monday to Friday, excluding public holidays) from the moment of order placement by the Buyer.
7.2 At this time an e-mail will be sent to the Buyer with information about the date of shipment of goods or the date of validity of the reservation. 8.In special cases the seller reserves the right not to accept the order or reservation for execution (e.g. because of lack of goods in stock)
8.2. If the payment is not made within 5 days from placing the order, "Izpol" Store reserves the right to cancel the order.
9. TIME OF CONCLUDING THE SALE AGREEMENT
9.1. When the Seller confirms the acceptance of the Customer's order/reservation for execution during the order process, in accordance with the regulations specified in items 6 and 7 of the Regulations, a distance sales agreement is concluded between "Izpol" and the Customer
10. TECHNICAL CONDITIONS.PROHIBITION OF ILLEGAL CONTENT
10. 1. In accordance with the obligation arising from the provisions of the Act of 18 July 2002 on electronic services (Journal of Laws No. 144 item 1204, as amended) we inform that in order to be able to use the shopping in our store the Customer's computer and its software should meet the following requirements: PC with an operating system capable of running a web browser at the recommended screen resolution: 1024 x 768 pixels or higher. In addition, in accordance with these regulations, we inform that placing by the Customer on the website of our store any information of an unlawful nature or information violating good morals is prohibited.
11. ORDER FOLLOW-UP TIME
11.1 The lead time is determined by the merchant at the time of acceptance of the order for processing. Normally it does not exceed 2 working days (for orders placed by 16:00 hours on a given day. The Seller reserves the right to extend the order processing time by 1 working day after informing the Customer.
12. ORDER REALIZATION (DELIVERY OF GOODS)
12.1. The ordered goods are delivered in the manner specified by the Customer when placing an order: a) The shipment sent by courier usually reaches the customer on the second working day after the day of posting. All shipments sent by courier are insured - insurance costs are covered by the seller.
13.1 Payment for the goods can be made in the manner selected at the time of order.
In case of foreign orders "Izpol" Store only accepts payment by bank transfer.
13.2. The costs of foreign shipments depend on the price list of the country to which the goods are sent. Therefore, detailed shipping costs are determined individually by e-mail or telephone and are added to the value of the ordered goods. Foreign shipments are not included in the free shipping promotion.
14. WITHDRAWAL FROM THE CONTRACT BYTHE CUSTOMER
14.1 If the buyer makes a purchase as an entrepreneur or on behalf of an enterprise, the rights of the consumer set out in the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827) do not apply to him.
14.2 A customer making a purchase as a consumer (i.e. as a natural person making a legal transaction with an entrepreneur which is not directly related to his/her business or professional activity) who has concluded a remote agreement through the "Izpol" shop, regardless of the form of delivery or collection of the goods, may withdraw from the agreement without stating reasons by making a relevant statement in writing within fourteen days from the day on which the goods constituting the subject of the agreement are delivered to him/her.
14.3. To meet this deadline it is sufficient to send to the Seller, before the expiry of this period, an appropriate statement of the customer.
14.4.To exercise the right to withdraw from the contract, you must inform the Seller, IZPOL Sp.j Maria Buchert Ewa Wadoń, 261 Głogowska St., 60-104 Poznań NIP: 779-00-21-772, REGON: 632193277, KRS: 0000091070 , e-mail address: email@example.com, fax: +48 61 8350786 of your decision to withdraw from this contract by an unambiguous statement (for example, a letter sent by mail, fax or e-mail).
14.5. In such a situation, the Customer may use the model withdrawal form, but it is not mandatory.The Customer may also fill in and send the withdrawal form or any other unequivocal statement electronically on the Seller's website [http://izpol.pl]. If the Customer uses this option, Izpol shall immediately send to the Customer a confirmation of receipt of the information on withdrawal from the contract on a durable medium (by e-mail).
14.6 In order to keep the period for withdrawal, it shall be sufficient for the Customer to send information about exercising the right of withdrawal before expiry of the period for withdrawal.
15.1.Withdrawal from the whole of the purchased goods :
If the customer makes a withdrawal from the contract , a :
1.The shipment of the goods has not yet been made (the goods remain physically in the stock of Izpol Sp.J.) we will return all payments received from you (including shipping costs) no later than 14 days from the day on which we are informed about your decision to exercise your right of withdrawal from this contract.
2.If the delivery of the goods has been made (the goods have physically left our warehouse), we will reimburse all payments received from you, less the costs of shipment, within 14 days of delivery of the goods to the offices of Izpol Sp.J.
Withdrawal from a part of the purchased goods:
If you withdraw from a part of a purchase contract of an item for which the customer has received a promotional discount resulting from the amount of the purchase (e.g. 5% for 500 zł, 10% for 1000 zł, etc.) or the quantity of the purchase (e.g. 5% for 5 mt, 10% for 10 mt) and after its return the sum of the prices of the remaining goods does not meet the criterion of the discount, the Izpol Sp.J. company will issue a new proof of purchase for the goods left and the customer will receive a refund minus the discount received earlier
The return will be made no later than 14 days after the goods have been delivered to the offices of Izpol Sp.J.
If the goods are sent back in a deteriorated or damaged condition, we reserve the right to reduce the refund amount accordingly.
15.2. The Seller may withhold the refund until the goods are received or until the Seller is supplied with proof of their return, whichever is sooner.
15.3. The consumer should attach any sales receipts received with the goods. 15.Returned goods should be safely packed and delivered to the company IZPOL SP.J. to the address of its headquarters.
16.1 The Seller shall return the payment using the same methods of payment that were used by the Customer in the original transaction, unless the Buyer has explicitly agreed to another solution.
16.2.In any case, the Buyer shall not incur any fees in connection with this return.
16.3.The Customer is obliged to send back or hand over the item to the Seller immediately, and in any case not later than 14 days from the day on which Kilent informed Izpol about withdrawal from the present contract.
16.4. The deadline is met if the Buyer sends back the item before the expiry of the 14-day period. The Buyer shall be obliged to bear the direct costs of returning the item.
16.5 The buyer is responsible only for diminution in the value of the item resulting from the use of things in a manner other than that it was necessary to ascertain the nature, characteristics and functioning of the thing.
17.1 Pursuant to Article 38.3 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), the right to withdraw from a contract concluded remotely does not apply to consumers in relation to contracts in which the subject of the provision is a non-refabricated item, manufactured to consumer specifications or serving to meet his individualized needs.
17.2 The fabric cut from the beam according to the customer's preferences is a " thing serving to satisfy his individualized needs" within the meaning of Article 38(3) of the Act of 30 May 2014 on consumer rights. As a consequence of the sale of this type of product, the consumer is not entitled to the statutory right of withdrawal.
18. RESPONSIBILITY FOR DEFECTS OF GOODS AND THEIR COMPLIANCE WITH THE CONTRACT AND COMPLAINT PROCEDURES
18. 1.Goods offered in the "Izpol" online store are covered by the store's warranty.
18.2.If the purchase is made by a Customer who is a consumer, then the conformity of the sold goods with the contract is covered by the seller's liability under the rules regulated by the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827).
18.3. Before collecting the package from the post office or from the courier, you should check whether the packaging has not been damaged in transit. In particular, you should pay attention to the condition of the tapes stuck on the parcel. If the package has signs of damage or the tapes are broken you should not accept the package and in the presence of the courier open it and possibly draw up a damage protocol and contact the seller as soon as possible to clarify the matter.
18. 4. In case of sale of goods to the consumer:
a) the seller shall be liable to the buyer if the consumer goods at the time of their issue are incompatible with the contract
b) the seller shall be liable for the incompatibility of consumer goods with the contract only if it is established before the expiry of two years from the issue of such goods to the buyer;
c) the buyer loses his rights (to demand repair or replacement of the goods with a new one or to demand a reduction in the price of the goods or to withdraw from the contract) if he fails to notify the seller about it before the expiry of one year from the time when the lack of conformity of the consumer goods with the contract is detected
18.5. In the case of non-conformity of the goods with the contract, the faulty goods, together with a letter specifying the non-conformity and expectations regarding the complaint handling method, shall be sent by courier or Poczta Polska (Polish Mail) to the address of Izpol SP.J.
18.6. If the sold thing has a defect, the Buyer may submit a declaration to demand
to lower the price or to withdraw from the contract,
18.7. The declaration referred to in Section 18.6.6 is not binding on the Seller, if the Seller will immediately replace the defective item with a defect-free item or will remove the defect.
18.8. If the Buyer is a consumer, instead of the removal of defects proposed by the Seller, he may demand the replacement of the thing to be free from defects or instead of the replacement of the thing demand the removal of defects, unless bringing the thing into conformity with the agreement in the way chosen by the Buyer is impossible or would require excessive costs in comparison with the way proposed by the Seller. When assessing the excess of costs, the value of the defect-free item shall be taken into account as well as the type and significance of the defect and also the inconvenience to which other means of satisfaction would expose the Buyer.
18.9 Within fourteen days from the date of receipt by the Seller of the Buyer's statement referred to in point 18.6 the Seller shall provide the Buyer with a specific answer as to whether or not to accept the request and the manner of exercising rights under the warranty.
18.10. If the option to reduce the price is chosen, the Seller shall propose to reduce the price in such proportion to the price resulting from the contract in which the value of the item with the defect remains to the value of the item without the defect.
18.11. The Buyer may not withdraw from the contract if the defect is insignificant.
18.12. The Seller may refuse to satisfy the buyer's request if bringing the defective item to conformity with the contract in a manner chosen by the buyer is impossible or in comparison with other possible ways to bring it to conformity with the contract would require excessive costs.
18.13. If the buyer is an entrepreneur, the seller may refuse to replace the item with a defect-free item or remove the defect when the cost of satisfying this obligation exceeds the price of the sold item.
18.14. The Buyer who exercises its rights under the warranty shall be obliged to deliver the defective item to the seat of Izpol at the expense of the Seller.
18.16. If the Buyer is an entrepreneur, it shall lose its rights under the warranty if it has not examined the defective item in the time and in the manner adopted for such items and if it has not notified the Seller of the defect forthwith, and in the case when the defect is revealed only at a later time - if it has not notified the Seller of the defect immediately after its discovery. In order to comply with the above time limit it shall be sufficient to send the notice of defect before its expiry.
18.17. The warranty does not apply if the goods have been damaged mechanically for reasons for which the Seller is not responsible, in particular due to improper use.
18.18. The differences in the shades of the fabrics that result from the differently set parameters of the monitor or graphics card are not the basis for the complaint. The photos presented at the Shop website are for reference only and the fabrics and colours may differ slightly from those available.
19. PERSONAL DATA PROTECTION
19. 1. Providing personal data by the Customer is voluntary, but failure to provide such data will prevent the Customer from making purchases. By making a purchase or registration, the Customer agrees to the collection, processing and use of the Customer's personal data by the seller for the purpose and to the extent necessary for the implementation of the seller's order (i.e. delivery of goods to the customer and making settlements)
19.2. The data will be processed in accordance with all security requirements that are set out in the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item. 926 as amended) and implementing regulations issued on its basis. The Customer has the right to free access (inspection) to his/her personal data, the right to correct them, and the right to demand to stop processing them and remove them from the database, which should be reported to the data administrator in writing
19.Third The client is responsible for providing false personal data.
19.4th Entrusted personal data is used only for the purpose of:
(a) Personal data are not made available to other entities for marketing purposes.
b) If the customer agrees ( Newsletter - the "sign up" box and when creating an active account), to inform about new products, services and promotions offered by the "Izpol" shop.
The administrator of your personal data is IZPOL Maria Buchert Ewa Wadoń sp.j. with the registered office
in Poznań, ul. Głogowska 261, 60 - 104 Poznań, entered in the Register of Entrepreneurs of the National
Court Register, under KRS number 0000091070, whose registration files are kept
by the District Court Poznań- Nowe Miasto and Wilda in Poznań, VIII Economic Division
of the National Court Register.
1st Customer can contact the Administrator by writing to the address: firstname.lastname@example.org or by calling
number: 516 019 759
2nd Personal data will be processed in order to conclude and perform the sales contract on the basis of
concluded agreement, ie art. 6. 1. b RODO.
3. Detailed provisions on the protection of personal data can be found in the Clause
information on the processing of personal data, which is available on the website
20.1.Product descriptions and photos come from a database owned by IZPOL. 20.2. Any commercial use of the product information from this database is prohibited.
20.3. According to the Act on the protection of copyright and intellectual property, copying photos and descriptions is illegal.
20.4. All photos and descriptions are the property of Izpol sp.j. and we do not give our consent to copy them. Copying descriptions and photos will be enforced in accordance with the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws of 2006, No. 90, item 631 as amended) without a separate warning.
21. APPLICABLE LAW
21.1. The information contained on the website store www.izpol.pl do not constitute an offer within the meaning of the Civil Code, are only an invitation to conclude an agreement (in accordance with Article 71 of the Civil Code).
21.2 In matters not covered by these terms and conditions shall be governed by applicable law, including the provisions of the Civil Code