Terms and Conditions

TABLE OF CONTENTS


1.    GENERAL CONDITIONS
2.    DEFINITIONS
3.    ON-LINE SERVICES AT AN ONLINE SHOP
4.    TERMS OF SALE AGREEMENT
5.    WAYS AND DATES OF PAYMENT
6.    COST, METHODS AND TIME OF DELIVERY AND RECEIPT OF THE PRODUCT
7.    RIGHT OF WITHDRAWAL
8.    COMPLAINTS
9.    OUT-OF-COURT HANDLING OF CONSUMER COMPLAINTS AND REDRESS MECHANISM AND THE METHODS FOR HAVING ACCESS TO THEM.
10.    PROVISIONS CONCERNING ENTREPRENEURS
11.    PERSONAL DATA IN AN ONLINE STORE
12.    FINAL PROVISIONS

1. GENERAL CONDITIONS

1.1. The Online Store, available at www.pinsola.pl, is run by PP JOAN S.C., entered into the Central Registration and Information on Business of the Republic of Poland, kept by the minister responsible for economy - under the name PP JOAN S.C. Piotr Nowicki, Dominika Siuda, address of the place of business and address for delivery: Nowe Sady 2 St., 94-102 Lodz, NIP (taxpayer identification number) 7270007470, REGON (statistical identification number) 470531710, e-mail: sklep@pinsola.pl, telephone number: +48 887-070-731
1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store (with the exception of point. 9 which is addressed only to entrepreneurs).
1.3. By placing an Order of Products offered in the Online Store at the same time means the Customer accepts all the provisions of these Terms and Conditions
1.4. The Service Provider is the administrator of the personal information that is being processed in connection with Terms and Conditions. Personal data is processed for purposes within the scope and on the basis of the principles set out in the Terms and Conditions of the Online Store. Providing personal information is voluntary. Each Customer who gave their personal details to the Service Provider has the right to access and modify them.

2. DEFINITIONS

2.1. BUSINESS DAY - one day from Monday-Friday which is not a public holiday with the exception of such days which are customarily full or partial days off.
2.2. REGISTRATION FORM - a form available in the Online Store that allows you to create an Account.
2.3. ORDER FORM - An Electronic Service, an interactive form available in the Online Store that allows you to place an Order, by adding Products to the electronic shopping cart and defining the terms of the Sales Agreement, including the method of delivery and payment.
2.4. ORDER - a Customer's declaration of will made using the Order Form, that leads to signing of Product Sales Agreement between the Customer and the Seller.
2.5. SALES AGREEMENT - a Product sales contract concluded between the Customer and the Seller via the Online Store.
2.6. PRODUCT - a material thing/item (movable) available in the Online Store being the subject of a Sales Agreement between the Customer and the Seller.
2.7. ONLINE STORE - the Service Provider's online store is available at the following website address: www.pinsola.pl on the EBEXO online platform.
2.8. CUSTOMER - (1)a natural person holding full capacity for legal actions and in the cases provided for by the mandatory legislation a natural person who has limited capacity to enter into legal transactions or (2) legal entity or (3) organizational unit not holding legal personality but holding legal capacity under the act, who concludes or wants to conclude a Sales Agreement with the Seller.
2.9. SELLER, SERVICE PROVIDER - Piotr Nowicki i Dominika Siuda engaged in economic activities as PP JOAN S.C., registered in Central Registration and Information on Business of the Republic of Poland kept by the minister responsible for economy, with the address of place of business and address for delivery: Nowe Sady 2 St., 94-102 Lodz, NIP (taxpayer identification number) 7270007470, REGON (statistical identification number) 470531710, e-mail: sklep@pinsola.pl, telephone number: +48 887-070-731
2.10. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Customer via the Online Store.
2.11. RECIPIENT - (1) a natural person holding full capacity for legal actions and in the cases provided for by the mandatory legislation a natural person who has limited capacity to enter into legal transactions or (2) legal entity or (3) organizational unit not holding legal personality but holding legal capacity under the act, who concludes or wants to conclude a Sales Agreement with the Seller.
2.12. ACCOUNT - Electronic Service, with an individual name (login) and password provided by the Recipient is a set of resources in the Service Provider's IT system where data provided by the Recipient and information about Orders placed in the Online Store are collected.
2.13. NEWSLETTER - Electronic Service, electronic distribution network provided by the Service Provider via e-mail, which allows all Recipients to automatically receive cyclical Newsletter containing information about the Products, new products and promotions in the Online Store.
2.14. CIVIL CODE - Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93 ze zm.).
2.15. ACT ON CONSUMER RIGHTS, ACT - Act on consumer rights of 30 May 2014 (Dziennik Ustaw z roku 2014 pozycja 827 z późniejszymi zmianami).
2.16. TERMS AND CONDITIONS - Terms and Conditions of this Online Store

3. ON-LINE SERVICES AT AN ONLINE SHOP

3.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.
3.1.1. Account. Using the Account is possible after completing a total of three subsequent steps by the Customer - (1) completing the Registration Form, (2) clicking the "Create Account"field and (3) confirming the willingness to create an Account by clicking on the confirmation link sent automatically to the e-mail address provided. In the Registration Form, Service User is should provide the following data: e-mail address and password. The Electronic Account service is provided free of charge for an indefinite period. The Recipient can, at any time and without giving any reason, delete the Account (resignation from the Account) by sending a request to the Service Provider, via e-mail, to: sklep@pinsola.pl or in writing to the following address: PINSOLA, Piekarska 9 St., 91-314 Lodz, Poland
3.1.2. Order Form The use of the Order Form begins with the Customer adding the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer has completed a total of two steps - (1) after completing the Order Form and (2) clicking the "Confirm Purchase" box on the Online Store website Up to this point, it is possible to modify the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number. The Order Form should also include the following details of the Sales Agreement: Product (s), amount of Product (s), place and method of delivery of the Product (s), method of payment. In case a Customer is not a natural person, it is necessary to provide the company name and NIP (tax identification number). The Electronic Order Form Service is provided free of charge, is of one-off nature and terminates when the Order is placed via it or when the Recipient ceases to place the Order through it.
3.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other device with Internet access; (2) access to electronic mail; (3) Internet browser: Mozilla Firefox version 11.0 and higher, Internet Explorer version 7.0 and higher, Opera version 7.0 and higher or Google Chrome version 12.0.0 and higher; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in the web browser.
3.3. The Customer is obliged to use the Online Store in a manner consistent with the law and morality, keeping in mind respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The recipient is obliged to enter complete, up-to-date and true data. The Recipient is prohibited from providing unlawful content.
3.4. The complaint procedure:
3.4.1 Complaints related to the provided Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 8 of Terms and Conditions) The Recipient may submit:
•    Written, sent by post to the address: PINSOLA, Piekarska 9 St., 91-314 Lodz, Poland
•    Or by e-mail at: sklep@pinsola.pl
3.4.2. The Customer should provide following information in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, the type and date of occurrence of irregularities, (2) Recipient' request and (3) contact details of the Complainant - it will stimulate and help to accelerate the complaint processing by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
3.4.3. The response to the complaint by the Service Provider shall take place no later than within 14 calendar days from the date of its submission.

4. TERMS OF SALE AGREEMENT

4.1. Conclusion of a Sale Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point. 3.1.2. of Terms and Conditions.
4.2. Orders can be placed 24 hours a day.
4.3. After placing orders Seller shall immediately confirm the receipt, which binds the Customer's Order and Order at the same time accepts for execution. Confirmation of receipt of the Order and its acceptance for execution is done by sending an appropriate message to the Client's e-mail address that was specified while placing an Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for execution and confirmation of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller.
4.4. Consolidation, security and access to the content of the Sales Agreement by the Customer is possible thanks to (1) providing these Terms and Conditions on the Online Store website and (2) sending the e-mail message referred to in point. 3.3.2. of Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured within the Seller's Online Store ICT system.
4.5. The Product price shown on the Online Store website is given in Polish zlotys (PLN) and includes taxes. The Customer is informed on the Online Store pages when placing orders, including when the customer wishes to be bound by the Sales Agreement, about the total price including taxes of the Product which is the subject of the Order, as well as delivery costs (including transport, delivery and postal charges) and other costs, and if it is impossible to determine the amount of these fees - about the obligation to pay.

5. WAYS AND DATES OF PAYMENT

5.1. The Seller provides the Customer with the following methods of payment under the Sales Agreement:
5.1.1. Payment on delivery.
5.1.2. Payment by bank transfer to the Seller's bank account at PKO BP: 62 1020 3408 0000 4102 0403 0342.
5.1.3. Electronic payments via Przelewy24. Support for electronic payments is provided by: PayPro SA with its registered office in Poznan (postal code: 60-327) Kancleraska 15 St., entered into the National Court Register by the District Court in Poznań, VIII Department Economic Division of the National Court Register, under no. 0000347935, NIP (tax identification number) 779-236-98-87, REGON (statistical number) 301345068, the stated value of the share capital: 4 500 000 PLN.
5.2. If the Customer chooses payment by bank transfer or electronic payment, the Customer is obliged to make the payment within 5 calendar days from the date of the Sale Agreement.

6. COST, METHODS AND TIME OF DELIVERY AND RECEIPT OF THE PRODUCT

6.1. Product delivery is available on the territory of the Republic of Poland.
6.2. The cost of a delivery is borne by the Customer, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including fees for packaging, transport, delivery and postal services) are available to the Customer on the Online Store website in the tabs: " Shipping costs "" Delivery date " and when placing order, including when the customer wishes to be bound by the Sales Agreement.
6.3. The purchased Product with a receipt or invoice, depending on the Customer's choice, is sent to the Customer's adress provided in the Order by delivery method chosen by the Customer .
6.4. The Seller provides the Customer with the following methods of delivery of the Product:
•    postal order - Kurier48 and Kurier48 with pickup at point,
•    courier delivery - UPS
•    shipment to InPack parcel locker.
6.5. The Customer's Order paid on delivery is executed within 3 Business Days from the conclusion of the contract, and the Order which is payable by bank transfer, payment card or electronic payment system - after the conclusion of the contract and within 7 business days from the payment of the Customer's account.

7. RIGHT OF WITHDRAWAL

7.1. A Customer who has concluded a distance contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 7.8. of Terms and Conditions. To comply with the deadline, it is enough to send a statement before its expiry. The declaration on withdrawal from the contract may be made, for example:
•    Written, sent by post to the address: PINSOLA, Piekarska 9 St., 91-314 Lodz, Poland
•    Or by e-mail at: sklep@pinsola.pl
7.2. An exemplary model of the withdrawal form is contained in Annex No. 2 to the Act on Consumer Rights and is additionally available on the website of the Online Store in the tab "Returns and complaints". Concerning withdrawal from the contract. The consumer can use the form template, but it is not mandatory.
7.3. The period for withdrawing from the contract begins to run from the date of conclusion of the contract.
7.4. In the event of withdrawal from a distance contract, the contract is considered void.
7.5. The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, return to the consumer all payments made by him, including the delivery of the Product. The seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not entail any costs for him. (in case the payment was made using a payment card, the refund will be made to the card account used for payment). The Seller may withhold reimbursement of payments received from the Customer until being provided the receipt of the Product or delivery of proof of its return by the Customer.
7.6. The consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdraws from the contract, return the Product to the Seller or hand it over to the person authorized by the Seller for pickup. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the Product to the following address: Piekarska 9 St., 91-314 Lodz, Poland
7.7. The Consumer shall be liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7.8. Possible costs of connection with the consumer's withdrawal from the contract that the consumer is obliged to bear:
7.8.1. The Seller is not obliged to refund the additional costs incurred by the Seller.
7.8.2. The consumer bears the direct costs of returning the Product.
7.9. The right of withdrawal from the agreement concluded remotely does not apply in the below circumstances:
7.9.1. a) contract for the provision of services, if the Seller has performed the subject of the Order with the explicit consent of the Customer, and the Customer was informed before the Seller begin to provide services that after fulfilling the service, he will lose the right of withdrawal,
7.9.2. 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 for withdrawal from the contract,
7.9.3. b) when the subject of the service is a non-prefabricated Product, manufactured according to the Customer's specification or to satisfy his individual needs.

8. COMPLAINTS

8.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
8.2. The Seller is obliged to provide the Customer with a Product without defects. Detailed information regarding the Seller's liability due to a Product defect and Customer's rights are set out on the Online Store's website in the tab "Returns and Complaints".
8.3. The complaint may be submitted by the Customer, for example:
§in writing, sent by post to the address: PINSOLA, Piekarska 9 St., 91-314 Lodz, Poland
§by e-mail at: sklep@pinsola.pl
8.4. The Customer should provide following information in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, the type and date of occurrence of irregularities, (2) Recipient's request and (3) contact details of the Complainant - it will stimulate and help to accelerate the complaint processing by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
8.5. The response to the complaint by the Service Provider shall take place no later than within 14 calendar days from the date of its submission. If the Seller did not respond to the request within 14 calendar days, it is considered that the request was justified.
8.6. The Customer who exercises the rights under the warranty is obliged to deliver the defective Product to the following address: Pinsola Piekarska 9 St., 91-314 Lodz, Poland

9. OUT-OF-COURT HANDLING OF CONSUMER COMPLAINTS AND REDRESS MECHANISM AND THE METHODS FOR HAVING ACCESS TO THEM.

9.1. 1. The detailed information on how to use out-of-court handling of consumer complaints and redress mechanism and the methods for having access to them, are availavle in the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection:
§http://www.uokik.gov.pl/spory_konsumenckie.php,
§http://www.uokik.gov.pl/sprawy_indywidualne.php,
§https://www.uokik.gov.pl/wazne_adresy.php
9.2. Consumer can use out-of-court handling of consumer complaints and redress mechanism in following ways:
9.2.1. Customer is entitled to apply to a Permanent Consumer Arbitration Court (art. 37 ustawy z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (Dz.U. 2001 nr 4 poz. 25 ze zm.), with a request to settle the dispute arising from the concluded Sales Agreement. The regulations of the organization and operation of Permanent Consumer Arbitration Court are specified in the regulation of the Minister of Justice of September 25, 2001. on determining the regulations of organization and operation of Permanent Consumer Arbitration Courts (Dz.U. 2001 nr 113 poz. 1214).
9.2.2. Customer is entitled to apply to the provincial inspector of the Trade Inspection, (art. 36 ustawy z dnia 15 grudnia 2000 r. o Inspekcji Handlowej (Dz.U. 2001 nr 4 poz. 25 ze zm.) with the request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller. Information on the rules and mode of the mediation procedure conducted by the voivodeship inspectorate of the Trade Inspection is available at the headquarters and on the websites of individual Provincial Inspectorates of the Trade Inspection.
9.2.3. Customer may obtain free assistance in resolving the dispute between the Customer and the Seller, addressing the poviat (urban) consumer ombudsman or social organization, whose statutory tasks include consumer protection (e.g. Federacja Konsumentów, Stowarzyszenie Konsumentów Polskich). Advice is provided by the Federacja Konsumentów at email address:porady@dlakonsumentow.pl and by Stowarzyszenie Konsumentów Polskich under the free consumer helpline 800 889 866.
9.3. Available at http://ec.europa.eu/consumers/odr , is an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website which helps consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.

10. PROVISIONS CONCERNING ENTREPRENEURS

10.1. This section of the Terms and Conditions and the provisions contained herein apply only to Clients and Service Users who are not consumers. (Customers purchasing Products that are not directly related to their business or professional activity).
10.2. The Seller has the right to withdraw from the Sales Agreement concluded with the Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a consumer in relation to the Seller.
10.3. In the case of non-consumer Clients, the Seller has the right to limit the available payment methods, including to require prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sale Agreement.
10.4. Upon the release of the Product by the Seller, the carrier shall pass to the Customer who is not a consumer the benefits and burdens associated with the Product and the risk of accidental loss or damage to the Product. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product arising from its acceptance for transport until it is delivered to the Customer and for delay in transporting the shipment.
10.5. In case of sending the Product to Customer through the carrier the Customer who is not a consumer is obliged to examine the parcel in time and in the manner accepted for such consignments. If he determines that during the transport there was a loss or damage to the Product, he is obliged to perform all actions necessary to determine the liability of the carrier.
10.6. According to art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.<
10.7. In the case of Customers who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Service Recipient.
10.8. Liability of the Service Provider / Seller in relation to the Recipient / Customer who is not a consumer, regardless of its legal basis, is limited - both as part of a single claim, as well as for all claims in total - up to the price paid and delivery costs under the Agreement Sales, however, not more than up to the amount of one thousand zlotys (1000 PLN). The Service Provider / Seller is liable towards the Recipient / Customer who is not a consumer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Recipient / Customer who is not a consumer.
10.9. Any disputes arising between the Seller / Service Provider and the Client / Service User who is not a consumer shall be subject to the court having jurisdiction over the registered office of the Seller / Service Provider.

11. PERSONAL DATA IN AN ONLINE STORE

11.1. All personal data provided by the Customer to the Store are protected by law in accordance with the provisions on the protection of personal data and they will not be processed by the Store for other purposes than those related to the implementation of the order placed by the Customer.
11.2. By placing an Order of Products offered by the Store the Customer consents to the processing of their personal data contained in this Order to properly implement the purchase and Sales Agreement for the purchased products or contract for the provision of Electronic Services.
11.3. The administrator of the personal data of the Stores's Recipients/Customers is the Seller.
11.4. Transmission of personal data of Customers of the Online Store:
11.4.1. If Customer uses the delivery method by post or courier, the Administrator provides the Customer's personal data to a selected carrier or intermediary performing the shipment at the request of the Administrator.
11.4.2. If Customer uses the electronic payment method, the Administrator provides the Customer's personal data collected to a selected entity servicing the above payments in the Online Store.
11.5. Recipient/Customer has the right to request us to provide access to their data, make corrections, move or delete, as well as the right to limit the processing of data. The customer has the right to lodge a complaint to:
§in writing, sent by post to the address: PINSOLA, Piekarska 9 St., 91-314 Lodz, Poland
§by e-mail at: sklep@pinsola.pl
11.6. Providing personal data is voluntary, but failure to provide the necessary personal data to conclude a Sales Agreement or a contract for the provision of Electronic Services specified in the Terms and Conditions results in the inability to conclude this contract. The data necessary to conclude a Sale Agreement or a contract for the provision of Electronic Services are also indicated on the website of the Online Store each time before concluding a given contract.
11.7. The Store, with the appropriate consent of the customer or an unregistered person (not having an account), can send commercial information and information about changes in the way the store operates, e.g. changes in the regulations (newsletter)
11.7.1 Providing an e-mail adress and/or telephone number is voluntary.
11.7.2 Subscribing to the newsletter is accompanied by appropriate consent and information about the processing of personal data - its marking means consent to the processing of personal data by the administrator in accordance with the stated purpose.
11.8. The Store declares that its computer system has appropriate security measures, in particular to preserve the confidentiality, inviolability and security of the client's personal data.

12. FINAL PROVISIONS

12.1. Contracts concluded via the Online Shop are concluded in Polish.
12.2. Change of Terms and Conditions
12.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: (1) changing the provisions of law, (2) changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Terms and Conditions.
12.2.2. In case of concluding on the basis of these Terms and Conditions continuous contracts (eg providing Electronic Service - Account), the amended regulations bind the Client if the requirements specified in art. 384 and 384 [1] of the Civil Code, that is, the Service Recipient was correctly informed about the changes and did not terminate the contract within 14 calendar days from the date of notification. In the event that a change to the Terms and Conditions would result in the introduction of any new fees or increase in the existing Customers, who is a consumer, has the right to withdraw from the contract.
12.2.3. In the case of concluding agreements of a different nature from continuous contracts (eg a Sales Agreement), amendments to the Terms and Conditions shall not in any way affect the acquired rights of Recipients/Customers who are consumers prior to the effective date of amendments to the Terms and Conditions, in particular amendments to the Terms and Conditions will not affect the Orders you have already placed or placed and the Sales Agreements that have been concluded, executed or executed.
12.3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: (1) the Civil Code, (2) the Act on Electronic Services of July 18, 2002 (Dz.U. 2002 nr 144, poz. 1204 ze zm.), (3) for Sale Agreements concluded until December 25, 2014 with customers who are consumers - provisions of the Act on the protection of consumer rights - provisions of the Act on Consumer Rights of 30 May 2014 (Dz.U. 2014 r. poz. 827 ze zm.) and other relevant provisions of generally applicable law.

Forms of withdrawal from the contract:

formularz w formacie pdf - Download the withdrawal form (pdf),
form docx - Download the withdrawal form (docx),