Regulations of the online store "outletmax.pl"
§1 Basic definitions
§2 General provisions
§3 Terms of the provision of services
§4 Sales contract
§5 Order fulfillment
§7 Payment methods
§10 Complaints procedure
§12 Out-of-court methods of dealing with complaints and redress
§13 Final provisions
Regulations of the online store "outletmax.pl" is available at http://outletmax.pl (hereinafter referred to as the "Online Store") run by TREKKING SALES limited liability company at the address st. Hangarowa 10, 70-767 Szczecin, NIP: 8522604014, phone: +48 570000467. E-mail: email@example.com. Dear Customer, these Regulations regulate the method of concluding sales contracts via the above-mentioned Online Store, the rules for the implementation of these contracts, including deliveries, the rights and obligations of the Customer and the Seller under applicable law and the procedure for withdrawing from the contract and complaint procedure. The Regulations consist of four main parts:
in § 1 to 3 - general provisions of these Regulations;
in § 4 to 7 - the process of purchasing the Goods from the Online Store has been described;
in § 8 to 11 - regulations related to the determination of the defectiveness of the Goods as
and the right to withdraw from the contract;
in § 12 to 13 - all other regulations are included.
§1 Basic definitions
Online Store - an online store available at http://outletmax.pl.
Seller - TREKKING SALES limited liability company at the address st. Hangarowa 10, 70-767 Szczecin, NIP: 8522604014, phone: +48 570000467. E-mail: firstname.lastname@example.org
Client - a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, which the law grants legal capacity, which concluded or intends to conclude a sales contract with the Seller.
Consumer - art. 221 of the Civil Code: a natural person who performs a legal transaction with the Seller not directly related to its business or professional activity.
Distance contract - a contract concluded between the Seller of the Online Store and the Consumer as part of an organized procedure for concluding distance contracts, without the need for both parties to the contract at one place and time, concluded using one or more means necessary for distance communication up to and including the conclusion of the contract.
Service - a service provided electronically by the Service Provider (Seller) to the Service Recipient (Customer) via this Online Store.
Sales contract - a contract for the sale of a Product posted on the website of the above-mentioned Online Store, concluded or concluded between the Customer and the Seller via the Online Store.
Goods - a Product, a movable item that the Customer purchases via the Online Store.
Cart - a place where the Customer indicates essential elements for the further order, such as: the number of Goods, delivery address, delivery method, payment method, invoice data and possibly other information, if their provision is necessary for the proper execution of the order.
Order - Customer's declaration of intent, submitted via the Online Store, specifying: the type and quantity of the Goods in the Online Store's assortment at the time of placing the order, method of payment, method of delivery of the Goods, place of issue of the Goods and customer data.
Promotion / discount - an individual, amount or percentage discount for the Customer granted to the purchase of a given product or a given group of products in the Online Store.
Order form - an electronic service, a form on an electronic medium available in the Online Store, enabling the submission and execution of an Order, including by adding Products to the electronic basket, and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Order fulfillment time - the time during which the order placed by the Customer of the Online Store will be completed, packed, sealed by the Seller and forwarded for delivery by the form of delivery chosen by the Customer.
Business day - one day from Monday to Friday, excluding public holidays.
Newsletter - a marketing service provided by the Service Provider (Seller) via e-mail, using e-mail addresses, which enables the Service Recipients (Customers) to automatically receive advertising content of the Online Store Products from the Service Provider, including information about promotions, news and subsequent editions of the Online Store newsletter .
The Consumer Rights Act, the Act - the Act of 30 May 2014 on Consumer Rights (Journal of Laws from 2014, item 827 as amended).
§2 General provisions
The Seller hereby declares that he undertakes to provide services that are the subject of the Online Store's activity to the Customer in a reliable manner and in accordance with applicable law, the principles of social coexistence and in a manner regulated in these Regulations.
The Customer undertakes to use the Online Store in accordance with applicable law and the principles of social coexistence.
The Customer using the Seller's Services provided via the Online Store is obliged to comply with these Regulations to the extent that it is necessary to complete the order and isn’t contrary to applicable law and the principles of social coexistence.
The Online Store Seller declares that the Goods available and sold in its Online Store are new, usable, safe and free from physical and legal defects. The goods fully correspond to the properties displayed on the Online Store website. Some of the Goods available in the Store may be made to the individual customer's order. The Seller provides for the possibility of selling used Goods, adequately informing the Customer about the properties of this Goods.
If the product is covered by the manufacturer's warranty, the so-called a guarantee document in which the manufacturer assumes responsibility for the properties of the things that he assured (e.g. as to functionality, durability, quality of things), this guarantee doesn’t exclude and doesn’t in any way limit the possibility for the Buyer to use his rights resulting from under the warranty for defects in the Goods, both physical and legal.
The Seller carries out orders on the territory of Poland and orders placed by Consumers in Europe, and after prior arrangement of the terms of delivery, also in other countries.
All the Goods on sale in the Online Store have been introduced to the Polish market in a legal and legal manner. Information on the Goods on the website of the Online Store constitutes an invitation to conclude a contract within the meaning of art. 71 of the Act of 23 April 1964 of the Civil Code.
All prices of Products / Goods / Services listed on the Online Store website are given in Polish currency (Polish zlotys), they are gross prices including VAT, customs duties and other components.
NOTE: The prices of the Goods provided on the Online Store website do not include delivery costs, they are added only at the stage of choosing by the Customer the method of delivery of the ordered Goods. The cost of delivery depends on the selected carrier, method of delivery, type of shipment and is visible before finalizing the order and accepting the Regulations.
§3 Terms of the provision of services
This Online Store provides services via electronic means, the condition for joining the contract is, first of all, completing the online order form in order to conclude a sales contract. Joining the contract is voluntary.
The contract for the provision of services is concluded electronically in the form of enabling the Customer to fill in the order form, the contract is concluded for a definite period of time when the Customer proceeds to fill in the form and is terminated when the Customer withdraws from completing the form or when the completed form is sent to the Seller. The process of completing the order form is organized so that every consumer has the opportunity to read it before making a decision to conclude a contract or amend the contract.
The service specified in sec. 1 is provided free of charge, but may require access to the Internet.
An electronic order can be placed 24 hours daily, 7 days a week.
Requirements necessary to use the services provided by the Seller of the Online Store:
a device with access to the Internet,
a web browser that supports cookies, for example:
access to electronic mail type e-mail.
The costs of the Customer related to access to the Internet and data transmission are borne by the Customer in accordance with the tariff of his supplier with whom he has signed a contract for the provision of Internet services.
§4 Sales contract
In order to conclude a valid and binding party to the Sales Agreement, the Customer makes a choice in accordance with the displayed offer of the Online Store, specifying the quantity of the Goods he intends to purchase and, if possible, indicating the features of the ordered Product and its specification accordingly. Together with the selection of the Goods, the Customer fills in the online order form, indicating the data necessary for the Seller to perform the order, such as, for example, quantities, place of delivery and payment methods, based on the messages and information displayed to the Customer available on the website and contained in these Regulations.
Registration of a Customer Account in the Online Store is voluntary and free of charge.
If the Seller provides the possibility of ordering the Goods, the properties of which are made on the individual order of the Customer, the Customer sends, along with the online order form, the content necessary for the performance of the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements. included in the description of the Goods or selects the appropriate specification of the Goods from the variants of the available configuration options for the Goods provided by the Seller.
Immediately after receiving the order, the Seller shall send the Customer by e-mail to the e-mail address provided when placing the order, a declaration of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, a sales contract is concluded.
The message summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in the case of ordering Goods with individual properties specified by the Customer of the Online Store, the total price to be paid (specified in Polish zlotys) along with delivery costs and the amount of granted discounts (if applicable).
If the Customer has more discounts from several sources / promotions, they are subject to aggregation / summation only when it is clearly specified in the Promotion Regulations. If there is no provision as to the method of combining various promotions / discounts, only one discount (one promotion) can be selected for a given purchase.
§5 Order fulfillment
The seller reliably carries out the customer's orders in the order in which they are received - each order is a priority and very important for Us!
The order fulfillment time for a single customer is from 2 to 7 business days. The time of order fulfillment mainly consists of the time of preparing the order (completing and packing the order, delivering the shipment to the courier, and in selected cases, the execution of the Goods). The time of delivery of the order depends on the chosen method of delivery, it may change depending on the type of means of transport indicated by the Customer.
In the event of exceptional circumstances or the inability to perform the contract in the indicated in paragraph 2, the Seller shall immediately contact the Customer in order to determine the further course of action, including the establishment of a different date of order fulfillment, change of the method of delivery.
The delivery of the Goods takes place via the operator of Poczta Polska or a courier company or otherwise accepted by the parties, not involving excessive and unjustified costs on the part of the Seller and the Customer.
The ordered Goods are delivered according to the Customer's choice, either directly to the Customer's address indicated in the online order form and confirmed by the Customer as the shipping address or picked up in person at the personal collection point at the address provided during the execution of the order. The goods are always packed in a way that corresponds to its properties, so that it is not damaged during transport.
The customer is informed about delivery costs on an ongoing basis, they are provided when the customer completes the online order form. The amount of shipping costs depends on the country to which the order is shipped.
After receiving the parcel, the Customer or a third party authorized by him should, if possible, carefully check the condition of the packaging, whether it shows signs of damage, tampering with an unauthorized person and whether its contents are intact. In the event of any damage or other irregularities, he should, in the presence of the courier, prepare a damage report and notify the Seller. If the products appear damaged, the Customer is requested not to accept the parcel, if possible. This provision in no way excludes and does not limit the rights of the Customer, e.g. as regards the right to submit a complaint, and is only intended to help the Online Store in determining the damage and the person responsible for it. Reporting damage to the parcel does not depend on the protocol drawn up by the Buyer at the courier. The consumer has the right to read the order carefully.
§7 Payment methods
The Seller allows payment for the ordered Goods in the form of a prepayment to the bank account with the following number:
95 2490 0005 0000 4530 4639 2017 (Alior Bank)
Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or by online transfer of electronic banking via the Dotpay.pl online payment service.
Cash on delivery of the ordered Goods (cash on delivery) - the customer makes the payment to the courier by collecting the ordered goods delivered via a courier company to the address indicated by the customer in the order.
The Seller documents the sale of the Goods in accordance with the Customer's request, either by a receipt or a VAT invoice. A proof of purchase in the form of a receipt or a VAT invoice is delivered to the Customer together with the ordered Goods. The Seller has the option of issuing a VAT invoice for all Goods ordered in the Online Store.
Delivery of the Goods under the warranty for defects takes place at the expense of the Seller. The Seller is liable under the warranty if the defect is found within two years from the date of delivery of the Goods to the Customer. The Seller is liable to the Customer if the Consumer Goods at the time of its release were inconsistent with the contract, have physical and legal defects. The Seller is responsible for the non-compliance of the Consumer Goods with the contract if it is found before the expiry of two years from the release of the Goods to the Buyer, and in the event of replacement of the Goods, this period shall run anew. A physical defect consists in the non-compliance of the item sold with the contract. In particular, the item sold is inconsistent with the contract if:
Doesn’t have properties that this kind of thing should have due to the purpose specified in the contract or resulting from the circumstances or destination;
Doesn’t have properties that the Seller has provided to the Buyer, including by presenting a sample or pattern;
it isn’t suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such a destination;
was delivered to the Buyer incomplete. The notification of defects in the Goods should be sent by e-mail to the Seller's e-mail address or in writing to the Seller's mailing address (see §1 section 3: "Seller's address"). If the Customer has difficulties and does not know how to construct a notification of defects in the Goods, the notification may be sent, for example, on the form constituting Annex 2 to these Regulations, which only facilitates the complaint process, does not constitute any requirement to use the above-mentioned template for effectiveness. complaints.
If it is necessary for the correct assessment of physical defects of the Goods, upon request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office (see §1 section 3: "Seller's address") as soon as the Product properties allow it.
The Seller responds immediately to the Customer's notification, but not later than within 14 calendar days from the date of its receipt. Failure to consider the application within the specified period is tantamount to its consideration by the Seller and considering it as justified.
The Seller covers the costs of collecting the Goods, delivery, removing defects or defects and replacing the Goods with a new one.
In accordance with the law, the Customer who is a Consumer pursuant to art. 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on consumer rights, you have the right to withdraw from a distance contract without giving any reason.
The right to withdraw from the contract is granted within 14 calendar days from the moment the Customer or a third party designated by him other than the carrier takes possession of the Goods. When the customer withdraws from the contract, the contract is considered void and the consumer is then released from any obligations. What the parties have provided to each other is returned unchanged, unless the change was necessary within the ordinary management. The return should be made immediately, not later than within fourteen days. The customer may withdraw from the contract by submitting a declaration on the online form constituting Annex 1 to these Regulations, by sending it by e-mail or to the Seller's mailing address at the customer's choice. Annex 1 is only an aid in withdrawing from the contract, it is not a template necessary to exercise the right to withdraw from the contract. The client may or may not use it. For effective withdrawal, it is sufficient to send a written statement to the address of the Seller.
To meet the deadline specified in paragraph 2, it is enough to send the Customer's statement on withdrawal from the contract before its expiry.
The Seller will immediately confirm to the Customer the receipt of the declaration of withdrawal from the contract and will appropriately inform the Customer about further proceedings, including the method of returning the Goods, and if you have questions, he will answer them.
The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer's declaration of withdrawal from the contract, return to the Customer all payments received from him, including the costs of delivering the goods. The seller returns the payment via electronic banking (transfer). If the Seller, after obtaining consent from the Customer, did not undertake to collect the Goods from him, the Seller may withhold the reimbursement of payments received, including delivery costs, until the Goods are returned or the Customer provides proof / confirmation of its return, in whichever occurs first.
The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately, but not later than within 14 calendar days from the date on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline, it is enough to return the Goods before its expiry.
The customer bears only the direct costs of returning the Goods.
The goods must be delivered to the Seller's address (see §1 section 3: "Seller's address").
The consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good. This means that the Buyer has the right to evaluate and check the Goods, but only in the way that he could do it in a stationary store (i.e. check its completeness and technical parameters). The consumer may not use the goods normally, otherwise, withdrawing from the contract, he may be charged with additional costs due to the reduction of its value.
The right to withdraw from the contract is not entitled to the customer in relation to the contracts specified
in art. 38 of the Act of May 30, 2014 on consumer rights, including in situation:
for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the entrepreneur has fulfilled the service, he will lose the right to withdraw from the contract;
in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract;
in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs;
in which the subject of the service is an item that deteriorates quickly or has a short shelf-life;
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery;
in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
§10 Complaints procedurę
For the correct submission of a complaint, the Customer should provide his data such as: name and surname or company name, home address or registered office address and e-mail address, subject of the complaint, if possible order number along with an indication of the period of time to which the complaint relates and the circumstances justifying submitting a complaint (description of what it is about) or what features the ordered product does not have, and according to the Seller's assurances or according to the method of presenting it to the Customer, it was supposed to have. If the Customer is a Consumer, he may request the replacement of the Product with one that is free from defects instead of the one proposed by the Seller, removal of the defect or, instead of replacement of the Product, demand removal of the defect, unless it is impossible to bring the goods into compliance with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
If the Product has been marked as Used - the Seller does not provide any guarantee for it and such Product is not subject to complaint proceedings.
If the Product has been marked as New or New with a defect - the Seller provides a 3-month warranty for it (except for the defects specified in the item description).
In the case of orders carried out on the individual order of the Customer, if the Customer himself provides the elements to be placed on the Goods, the Seller is not responsible for the content (both verbal and graphic) applied to the Goods and which were received from the Customer. In the case of claims by third parties related to infringement of copyright, related rights or other rights they are entitled to, the Seller will immediately refer them to the Customer as the entity responsible for the content applied to the Goods, and the Customer will accept these claims and in this respect will release the Seller from liability.
Pursuant to the provisions of law, the Creator whose moral rights have been infringed or threatened, is primarily entitled to a claim for abandoning this action, for restoring the previous state. If the action that caused the infringement was culpable, the Artist may demand compensation for the harm suffered or an appropriate sum of money for the indicated social purpose.
The customer should pay particular attention to the following provisions of these Regulations:
§ 2 sections 3, 9 and 10
§ 3 sections 5 and 6
§ 4 section 1
§ 7 section 4
§ 8 section 3
§ 9 sections 1, 2, 3, 4, 5, 10 and 12
The specified provisions of the Regulations contained in sec. 3 and identified as being of particular importance, are only intended to assist the Client in a more precise understanding of these regulations. It in no way diminishes other regulations contained in these Regulations and not included in section 3.
§ 12 Out-of-court methods of dealing with complaints and redress
Information on extrajudicial methods of dealing with complaints and redress, as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) Consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
The consumer has, inter alia, the following options to use extrajudicial means of dealing with complaints and pursuing his claims:
applying to the Provincial Inspector of Trade Inspection with a request to initiate mediation proceedings regarding the amicable settlement of the dispute.
Applying to the permanent amicable consumer court operating at the Provincial Inspector of Trade Inspection with a request to settle the dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.
Asking for free legal aid, incl. to the Consumer Federation - website address: www.federacjakonsumentow.org.pl.
The Network of European Consumer Centers helps in resolving cross-border disputes. The addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.
The consumer may also use the platform of the online dispute resolution system (ODR platform), in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR).
The use of out-of-court complaint and redress procedures is voluntary and may take place when both parties to the dispute agree to it.
§13 Final provisions
The online store honors all rights of customers provided for in the provisions of applicable law.
If the applicable law grants customers more favorable regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of applicable law and thus are binding on the Online Store.
All content posted on the Online Store website (including graphics, texts, page layout and logos) benefit from copyright protection and are the sole property of the Seller. The use of this content without the written consent of the Seller shall result in civil and criminal liability.
The Seller has the right to amend these Regulations. The Seller shall notify the changes to the Regulations on the Online Store website at least 14 calendar days before the changes to the Regulations enter into force. The amendment to the provisions of the Regulations does not apply to customers who placed an order during the previous version of the Regulations, the amendment to the Regulations does not affect the Customer's acquired rights related to, for example, already concluded sales contracts or orders placed.
In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply. Disputes arising as a result of the provision of services under these Regulations will be submitted to the General Court according to the Customer's choice in accordance with the relevant provisions of Polish law.
Annexes to the Regulations constitute its integral part.
The Regulations enter into force on October 11, 2016.