Terms and Conditions of the Online Store www.sigern.pl
I. General provisions
These Terms and Conditions define the general terms and the method of providing services by electronic means and the general terms of sales conducted via the Online Store www.sigern.pl. The store is operated by FIRMA PRODUKCYJNO-HANDLOWO-USŁUGOWA SIGERN WOJCIECH FAŁOWSKI SPÓŁKA KOMANDYTOWA, with its registered office in Wielopole 86, 33-311 Wielogłowy, registered in the National Court Register, maintained by the District Court for Krakow-Śródmieście in Krakow, 12th Commercial Division of the National Court Register (KRS), under KRS number: 0000474793, VAT ID (NIP): 7343052299, Business ID (REGON): 492946256, hereinafter referred to as the Seller.
The Seller may be contacted:
by e-mail: firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com; or
by telephone: +48 608 580 403, +48 539 928 994, +48 18 44-326-93.
These Terms and Conditions are constantly available on the website www.sigern.pl in a way that allows their download, reproduction and recording their content by printing or saving on a carrier at any time.
The Seller advises that the use of services provided by electronic means may create for all Internet users a risk of installation of malicious software on the Customer’s computer system and of obtaining and modifying the Customer’s data by unauthorised persons. In order to avoid the above-mentioned risk, the Customer should apply appropriate technical measures to minimize it, in particular antivirus programs and a firewall.
The following terms used in these Terms and Conditions will have the following meanings:
Working Days – days from Monday to Friday, except public holidays;
Customer – a natural person with full legal capacity, a natural person conducting business activity, a legal person, or an organisational unit which is not a legal person but which has legal capacity under special provisions, which places an Order in the Online Store or uses other Services available in the Online Store;
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended);
Account – a part of the Online Store assigned to a given Customer through which the Customer may perform specific activities within the Online Store;
Consumer – a Customer who is a consumer within the meaning of Article 22 of the Civil Code;
Business Entity – a Customer who is a business entity within the meaning of Article 43 of the Civil Code;
Terms and Conditions – this document;
Goods – a product presented in the Online Store whose description is provided with each of the presented products;
Sales Contract – a Contract for the sale of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
Services – services provided by the Seller to Customers by electronic means within the meaning of the Act of 18 July 2002 on Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
Consumer Rights Act – the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, No. 827);
Act on Provision of Services by Electronic Means – the Act of 18 July 2002 on Provision of Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended);
Order – the Customer’s declaration of intent aimed directly at concluding a Sales Contract, specifying in particular the type and quantity of Goods.
III. Rules for using the Online Store
Using the Online Store is possible provided that the computer system used by the Customer meets the following minimum technical requirements:
computer or mobile device with Internet access;
access to electronic mail;
web browser (Internet Explorer 11 or later, Firefox 28.0 or later, Chrome 32 or later, Opera 12.17 or later, Safari 1.1. or later);
Using the Online Store means any activity of the Customer which leads to the Customer becoming familiar with the content contained in the Store.
The Customer is obliged in particular:
not to deliver or provide any content prohibited by law, e.g. content that promotes violence or content that is defamatory or violates personal rights and other rights of third parties;
to use the Online Store in a manner that does not interfere with its operation, in particular by using specific software or devices;
not to take actions such as sending or posting unsolicited commercial information (spam) within the Online Store;
to use the Online Store in a manner that is not inconvenient for other Customers and for the Seller;
to use the content provided within the Online Store only for personal use;
to use the Online Store in a manner consistent with the laws of Poland, the provisions of these Terms and Conditions, as well as with the general rules for using the Internet.
The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting a registration form provided on one of the websites of the Online Store. The contract for the provision of a service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to remove the Account or uses the “Remove Account” button.
The Seller has the right to organise occasional competitions and promotions whose terms will be announced each time on the Store’s websites. Promotions in the Online Store are not cumulative, unless the Terms and Conditions of a given promotion provide otherwise.
If the Customer violates the provisions of these Terms and Conditions, despite a notice from the Seller to cease or remove the violations, providing an appropriate time limit therefor, the Seller may terminate the Service Contract with a 14-day notice.
V. Sales Contract conclusion procedure
The information about Goods provided on the Store’s websites, in particular their descriptions, technical and performance parameters and prices, constitute an invitation to conclude a Contract within the meaning of Article 71 of the Civil Code.
All Goods available in the Online Store are brand new and have been legally placed on the Polish market.
In order to place an Order, the Customer must have an active e-mail account.
If an Order is placed using the Order form available on the Online Store website, the Order is placed with the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Contract for Goods which are the subject of the Order. An offer submitted in electronic form is binding for the Customer if the Seller sends an Order acceptance confirmation to the e-mail address provided by the Customer, which constitutes the Seller’s declaration of acceptance of the Customer’s offer, and upon its receipt by the Customer a Sales Contract is concluded.
An Order is placed with the Online Store by phone or e-mail on Business Days and during the hours indicated on the Online Store website. For this purpose, the Customer should:
provide orally during a telephone call, or in writing in an e-mail addressed to the Seller, the name of the Goods from among the Goods on the Store’s website and their quantity;
choose the desired delivery method and the payment method from among the delivery and payment methods provided on the Store’s website;
provide all the details necessary to process an Order, in particular name, place of residence, telephone number and e-mail.
Information on the total value of the Order referred to in the above subsection is provided each time orally by the Seller after completing the entire Order or by informing by e-mail together with the information that the conclusion of a Sales Contract by the Customer entails the obligation to pay for the ordered Goods; at this moment the Sales Contract is concluded.
In the case of a Customer who is a Consumer, the Seller, each time after an Order is placed by phone or e-mail sends the Customer a confirmation of the terms of the placed Order.
A Contract is concluded when a Customer who is a Consumer sends – in response to the Order terms confirmation sent by the Seller – an e-mail to the Seller’s e-mail address in which the Customer accepts the content of the sent Order, agrees to its completion, accepts the content of the Terms and Conditions and confirms reading the instructions on withdrawal from the Contract.
After the conclusion of the Sales Contract, the Seller confirms to the Customer its terms by sending them to the Customer’s e-mail address or in writing to the address provided by the Customer.
The Sales Contract is concluded in the Polish or English language, with the content in accordance with the Terms and Conditions.
Goods can only be delivered within the European Union, to the address provided by the Customer when placing the Order.
The Customer may choose the following delivery methods for the ordered Goods:
personal collection at the Seller’s personal collection point.
The Seller informs the Customer, on the Store’s website in the description of the Goods, about the number of Working Days needed to complete the Order and its delivery, as well as about the fees for the delivery of the Goods.
The date of delivery and of completion of the Order is counted in Working Days in accordance with section VII subsection 2.
The Seller provides the Customer with a proof of purchase.
If a different period of completion is provided for the Goods covered by the Order, the longest of these periods applies to the entire Order.
VII. Prices and payment methods
The prices of Goods are given in Polish zlotys and include all components, including VAT, customs duties and other fees.
The Customer can choose the following payment methods:
bank transfer to the Seller’s bank account (for bank transfers, the Order completion will begin after the Seller sends the Order acceptance confirmation to the Customer, and all Goods will be shipped immediately after the funds are credited to the Seller’s bank account and after the Order is picked);
cash on personal collection – payment is made at the Seller’s personal collection point (in this case, the Order will be completed immediately after the Seller sends the Order acceptance confirmation to the Customer and the Goods will be released at the Seller’s personal collection point);
cash on delivery – payment is made to the delivery company on delivery (in this case, the completion of the Order and its shipment will begin after the Seller sends the Customer the Order acceptance confirmation and after the Order is picked);
electronic payment (for electronic payments, the completion of the Order will begin after the Seller sends to the Customer the information from the billing agent’s system about the payment made by the Customer, and the Goods will be shipped immediately after the Order is picked).
The Seller informs the Customer on the Store’s websites about the period within which the Customer must pay for the Order. If the Customer fails to make the payment within the period referred to in the preceding sentence despite a demand for payment from the Seller providing an appropriate payment date, the Seller may withdraw from the Contract pursuant to Article 491 of the Civil Code.
VIII. The right to withdraw from the Contract
A Customer who is a Consumer, except for natural persons who conduct individual business activity and except for Companies, may withdraw from the Contract without giving reasons by submitting an appropriate notice within 14 days. For this deadline to be met, a notice must be sent before the expiry of the deadline. In all other cases, the right to withdraw from the Contract is only granted on the basis of the good will of the Manufacturer.
The Customer may draft the notice by itself or may use the notice form provided by the Seller on the Store’s website.
The 14-day period is counted from the day on which the Goods were delivered or, in the case of a Service Contract, from the date of its conclusion.
Upon receipt of a notice of withdrawal from the Contract by the Consumer, the Seller will send to the Consumer’s e-mail a confirmation of receipt of the notice.
The right to withdraw from the Contract by the Consumer is excluded in the case of:
provision of services – if the Seller has provided a complete service with the express consent of the Consumer who was informed before the commencement of the service that once the Seller completes the service, the Consumer would lose the right to withdraw from the Contract;
Contracts in which the price or remuneration is dependent on financial market fluctuations which are beyond the Seller’s control and which may occur before the expiry of the deadline for withdrawal from the Contract;
Contracts in which the subject of the service are non-prefabricated Goods, manufactured according to the Consumer’s specification or serving to satisfy the Consumer’s individual needs;
Contracts in which the subject of the service are perishable Goods or Goods with a short use-by date;
Contracts in which the subject of the service are Goods 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;
Contracts in which the subject of the service are Products that after their delivery are, due to their nature, connected inseparably with other items;
Contracts in which the subject of the service are alcoholic beverages whose price was agreed upon conclusion of the Sales Contract and which may be delivered only after 30 days and whose value is dependent on market fluctuations, which are beyond the Seller’s control;
Contracts in which the Consumer has expressly requested the Seller to come to the Consumer for urgent repair or maintenance; if the Seller provides additional services other than those requested by the Consumer or delivers Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Contract with regard to such additional services or Goods;
Contracts in which the subject of the service are audio or video recordings or computer programs delivered in a sealed package – if the package has been opened after delivery; delivery of newspapers, periodicals or magazines, except for Subscription Agreements;
Contracts concluded by public auction;
Contracts for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events – if the contracts indicate the day or period of service provision;
Contracts for the supply of digital content which is not recorded on a tangible medium – if the performance of the service began with the Consumer’s express consent before the expiry of the deadline to withdraw from the Contract and after informing the Consumer by the Seller about the loss of the right to withdraw from the Contract.
In the event of withdrawal from a distance Contract, the Contract is considered not concluded. What the parties have provided must be returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of Goods. The purchased Goods should be returned immediately, not later than within 14 days, to the Seller’s address.
The Seller will immediately, but not later than within 14 days from the date of receipt of the Consumer’s notice of withdrawal from the Contract, return to the Consumer all payments made by the Consumer, including the costs of delivery of the Goods. The Seller will refund the payment using the same payment method as used by the Consumer, unless the Consumer agrees to a different method of return and this method will not involve any costs from the Consumer. The Seller may withhold the refund of payments received from the Customer until the item is returned or until the Customer provides a proof of its return, whichever occurs first, unless the Seller offered to collect the item from the Customer itself.
If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The Customer covers only the direct cost of returning the Goods, unless the Seller has agreed to cover this cost.
IX. Complaints regarding Goods under statutory warranty
The Seller will deliver Goods without any defects.
The Seller is liable towards the Customer who is a Consumer under the statutory warranty for defects on the rules set forth in Article 556 to 576 of the Civil Code. In relation to Customers who are Business Entities, the statutory warranty is excluded.
Complaints arising from the violation of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the following address: FIRMA PRODUKCYJNO-HANDLOWO-USŁUGOWA SIGERN WOJCIECH FAŁOWSKI SPÓŁKA KOMANDYTOWA, Wielopole 86, 33-311 Wielogłowy, to the e-mail address: firstname.lastname@example.org, telephone number: +48 608 580 403.
For a complaint to be considered, the Customer must send or deliver the Goods under complaint and attach a proof of purchase if possible. The Goods must be delivered or sent to the address indicated in subsection 3.
The Seller will consider every complaint within 14 days.
If the complaint misses any required information, the Seller will request the Customer to provide such missing information immediately, but not later than within 7 days from the date of receipt of the request by the Customer.
X. Complaints related to the provision of services by electronic means
The Customer may submit to the Seller complaints related to the functioning of the Store and the use of the Services. Complaints may be submitted in writing to the following address: FIRMA PRODUKCYJNO-HANDLOWO-USŁUGOWA SIGERN WOJCIECH FAŁOWSKI SPÓŁKA KOMANDYTOWA, Wielopole 86, 33-311 Wielogłowy, to the e-mail address: email@example.com, telephone number: +48 608 580 403.
Each complaint must include the Customer’s name and mailing address, and the type and description of the problem.
The Seller will consider each complaint within 14 days, and if this is not possible, the Seller will inform the Customer during this period in which the complaint will be considered. If the complaint lacks any required information, the Seller will request the Customer to provide such missing information within 7 days from the date of receipt of the request by the Customer.
The Goods are covered by a manufacturer’s warranty.
In the case of Goods covered by the warranty, information on the existence and content of the warranty as well as information on the warranty period is each time presented in the description of the Goods on the Store’s websites.
XII. Out-of-court complaint and redress procedures
The Customer who is a Consumer has, among others the following options for using out-of-court complaint and redress procedures:
The Customer is entitled to apply to a permanent amicable consumer court at the Trading Standards Authority with a request to settle a dispute arising from a concluded Sales Contract;
The Customer is entitled to apply to the provincial Trading Standards Authority inspector with a request to initiate mediation proceedings for a amicable settlement of a dispute between the Customer and the Seller;
The Customer may obtain free assistance in resolving a dispute between the Customer and the Seller, also using the free assistance from a municipal consumer ombudsman or a social organisation whose statutory tasks include consumer protection (the Consumer Federation, the Polish Consumers Association, etc.). Advice is provided by the Consumer Federation at the toll-free consumer hotline number +48 800 007 707 and by the Polish Consumers Association at the e-mail address: firstname.lastname@example.org;
The Customer may submit a complaint via the EU’s ODR platform, available at: http://ec.europa.eu/consumers/odr/.
XIII. Personal data protection
XIV. Final provisions
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, Internet domain, website of the Online Store, as well as to all forms and logos belong to the Seller and may only be used in accordance with the Terms and Conditions.
Any disputes which may arise between the Seller and the Customer who is a Consumer will be resolved by competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
Any disputes which may arise between the Seller and the Customer who is a Business Entity will be resolved by a court having jurisdiction over the registered office of the Seller.
In all matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on Provision of Services by Electronic Means, the provisions of the Consumer Rights Act and other relevant provisions of Polish law apply.
Each customer will be informed about any changes to these Terms and Conditions through the information on the main page of the Online Store containing a list of all changes and their effective dates. Customers with an Account will also be informed about the changes, along with their list, to the e-mail addresses provided by them. The effective dates of the changes will not be shorter than 14 days from the date of their announcement. If a Customer with a Customer Account does not accept the new text of the Terms and Conditions, the Customer is obliged to notify the Seller about it within 14 days from the date of notification of a change in the Terms and Conditions. Notifying the Seller about non-acceptance of the new text of the Terms and Conditions results in the termination of the Contract.