Shop Regulations
§1 GENERAL PROVISIONS
- These Rules of the Online Shop (hereinafter referred to as the "Rules") define the principles for the use of the Online Shop, including, among others, placing and processing of Orders, use of the Customer Account, procedure for complaints, rights of withdrawal from the Sales Agreement.
- The Terms and Conditions are made available to the Customer at the address to the Rules and Regulations of the Store free of charge, prior to the conclusion of the Sales Agreement, in a manner which makes it possible to acquire, reproduce and record the content of the Rules and Regulations by means of the IT system used by the Customer.
- The Customer is obliged to comply with all provisions of the Terms and Conditions. Sales take place on the basis of the current version of these Terms and Conditions, i.e. the version which is binding and accepted by the Customer at the time of placing the Order.
- The conclusion of an agreement on the electronic provision of the Customer's Account services indicated in these Terms and Conditions is subject to registration in the Online Shop, reading and accepting the content of these Terms and Conditions.
- By concluding an agreement for electronic provision of the Customer's Account services, the Seller undertakes to continuously provide to the Customer the services of access to the Customer's Account and use of the Online Shop to the full extent on the basis, within the framework and under the terms indicated in these Terms and Conditions.
§2 DEFINITIONS
- Whenever these Terms and Conditions refer to:
- "Seller" - shall be understood as Druk Serwis Katarzyna Iskra, address Wola Studzieńska Kolonia 84, 23-230 Batorz, NIP number: 8641541277, REGON number: 060735114, e-mail biuro@screentex.pl - who runs an Internet Shop and sells Goods through it;
- "Customer " - shall mean a natural person with full legal capacity, and in cases provided for by generally applicable laws a natural person with limited legal capacity, as well as a legal person or an organisational unit without legal personality, to which legal capacity is granted by law - using the Online Store, including by means of a Customer Account created for them by the Seller;
- "Consumer". - shall be understood as a Client who is a natural person, using the Online Store, in particular making purchases, to the extent not directly related to the Client's business or professional activity;
- "Parties" - shall be understood collectively as the Seller and the Customer;
- "Sales Contract" - should be understood as a contract concluded at a distance, the subject of which is the sale by the Seller of Goods to the Customer in accordance with the principles set out in the Regulations.
- "Online Shop " - it shall be understood to mean the online platform screentex.pl/ administered by the Seller, available online through the screentex.pl/ website, through which the Client may purchase Goods;
- "Information and Communication System" - shall be understood as a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a telecommunication terminal device appropriate for the given type of network, within the meaning of the Act of 16 July 2004. - Telecommunications Law (i.e. Journal of Laws of 2019, item 2460, as amended);
- "Goods" - shall mean a movable item presented by the Seller in the Online Shop, which may be the subject of a Sales Agreement. The photographs of the Goods are for reference purposes; this means that the Goods in the photographs may slightly differ in their actual appearance due to individual settings of the Customer's computer equipment (e.g. colour saturation, proportions)
- "Customer Account" - shall be understood as an individual account established for the Customer as part of the provision of electronic services by the Seller, by means of which the Customer uses to access the Online Shop and has the possibility, inter alia, to place Orders in a simplified manner;
- "Electronic Address " - shall be understood as the designation of the ICT System enabling communication by means of electronic communication, in particular e-mail;
- "Price " - shall be understood to mean the gross value of the Goods expressed in PLN currency, including value added tax. The price does not include the cost of delivery, which depends on the method of delivery of the Goods to the Customer, as well as on the value and size of the Order and is given when the Customer chooses the method of delivery of the Goods. The total cost of the Order (i.e. the price of the Goods together with other costs, including delivery costs) is indicated in the shopping cart before the Customer places the Order;
- "Personal Data" - shall mean information about an identified or identifiable natural person;
- "Personal Data Controller" - is to be understood as the Seller who, acting in this role alone or jointly with others, determines the purposes and means of processing Personal Data;
- "Terms and Conditions" - shall mean this document;
- "RODO" - shall mean the REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ.EU.L.2016.119.1 of 2016.05.04);
- "Order" shall mean the declaration of will of the Customer made via the Online Shop specifying: the type and quantity of the Goods ordered; the type of delivery; the type and amount of payment; the place of delivery of the items, the Customer's data, constituting an offer to conclude a Sales Contract between the Customer and the Seller.
§3 GENERAL CHARACTERISTICS OF THE ONLINE SHOP
- The On-line shop is operated by the Seller.
- The On-line shop is not used for wholesale. If the Customer wishes to purchase the Goods in bulk quantity, he/she should contact the Seller via e-mail by sending a request to the Seller's electronic address: druk.serwis@interia.eu. If the content of the Order placed via the Online Store indicates that the Order is a Wholesale Order, the Seller has the right to refuse to process such an Order informing the Customer of this fact via an appropriate message in the Online Store or by contacting the Customer on this subject.
- Information about the Goods placed on the pages of the Internet Shop do not constitute an offer within the meaning of the Civil Code, but an invitation to make offers within the meaning of Article 71 of the Civil Code.
- Information about the Goods placed in the Online Store shall not be tantamount to the fact that the Goods are actually available at the Seller's and it is possible to execute an order for them.
- Goods presented in the Online Store may have a manufacturer's, importer's or Seller's guarantee, which covers the territory of Poland. The guarantee period of each Good is indicated in its description. Detailed conditions of guarantee execution are specified in the guarantee card issued by the guarantor.
- The Seller reserves the right to change Prices of the Goods presented in the Online Store, introduce new Goods to the offer, remove Goods from the offer or change their description, conduct promotional actions in the Online Store, in particular on the basis of regulations of a given promotion. The introduced changes do not affect the effectiveness and execution of previously placed Orders by the Customer.
- The Seller ensures that the Online Store is available for the Customer only on-line and on condition that the Customer, at his own expense, provides the following:
- computer equipment with an operating system allowing the use of Internet resources,
- connection to the Internet;
- access to an individual e-mail account;
- a correctly configured Internet browser in the latest official version with cookies enabled (e.g. Mozilla Firefox, Google Chrome, Safari, Opera)
- Subject to the provisions of the Terms and Conditions to the contrary, the Online Shop is available to the Customer during the period of the Customer's use of the Online Shop, 24 hours a day and seven days a week.
- The Seller reserves the right for the Online Shop to be unavailable to the Customer in order to ensure the safety and stability of the Online Shop for the purposes of repairs, maintenance, removing failures, introducing necessary adaptations, changes and other similar activities.
- The Seller reserves the right to change the functionality of the Internet Shop, either by adding new functions or changing the existing functionality.
§4 CUSTOMER ACCOUNT
- The condition of using the full range of functionalities of the On-line shop by the Customer is the acceptance of the provisions of the Terms and Conditions, free-of-charge registration of a Customer Account in the On-line shop and confirmation of this registration by the Seller.
- The creation of a Customer Account is not necessary in order to place an Order in the Online Shop.
- By registering a Customer Account and accepting the provisions of the Terms and Conditions, the Customer submits a declaration of intent consenting to the provision of electronic Customer Account services in accordance with the provisions of the Terms and Conditions.
- When registering a Customer Account, the Customer enters a login and password established by him or her and known only to him or her. The Customer is obliged to ensure that his or her login and password remain confidential and, in particular, may not make them available to unauthorised persons.
- In order to register a Customer Account, the Customer should
- fill in the registration form found in the Online Shop;
- complete all fields marked with an asterisk as mandatory;
- accept the Terms and Conditions.
- The data entered into the registration form during the registration of a Customer Account should concern the Customer and should be true.
- During the registration of a Customer's Account, a confirmation of the registration of the Customer's Account in the Online Shop shall be sent to the Electronic Address indicated in the registration application, with a request to verify the data and complete the registration of the Customer's Account. With this moment, the agreement for electronic provision of the service of maintaining the Customer's Account is concluded, and the Customer obtains the possibility of accessing the Customer's Account and making changes to the data provided during registration.
- The Seller may refuse to accept the registration of a Customer Account and the conclusion of the agreement for electronic provision of services for important reasons.
§5 ORDERS AND THEIR EXECUTION
- Orders may be placed via the electronic Order form available in the Online Shop, 24 hours a day, 7 days a week.
- The Customer may place an Order after logging in to a Customer Account or without an Account by providing the data indicated in the electronic Order form necessary for the fulfilment of the Order.
- In order to place an Order via the Online Shop, the Customer adds the Goods of his/her choice to the shopping basket by selecting the type and number of Goods and pressing the "ADD TO CART" button and undertakes other technical activities on the basis of messages displayed to the Customer, including indicating the manner of delivery and form of payment. The Customer then places the Order by sending an electronic Order form to the Seller by selecting the "Order with obligation to pay" button (or its equivalent) on the website of the Online Shop. In order to place an Order, prior acceptance of the provisions of the Terms and Conditions by the Customer is necessary. In the summary of the Order, prior to its dispatch to the Seller, the Customer is informed of the main characteristics of the ordered Goods, the total cost of the Order, i.e. the Price for the selected Goods, the cost of delivery, as well as all additional costs charged to him/her in connection with the Order.
- Submission of the Order by the Customer constitutes submission of an offer to the Seller to conclude a Contract of Sale for the Goods which are the subject of the Order.
- After placing the Order, the Seller sends to the Electronic Address provided by the Customer information on acceptance of the Order for execution. This information constitutes the Seller's statement of acceptance of the offer, which is tantamount to conclusion of the Contract of Sale by the Parties.
- The price given in the shopping cart at the time of placing the Order by the Customer is binding and final.
- The Customer may pay for an Order placed at the Online Shop:
- cash on delivery - in the event of delivery of the Goods by courier or collection of the Goods in person by the Customer, or
- in advance - by traditional transfer to the Seller's payment account no. Bank account no: 37 1240 2395 1111 0010 3813 9122 or by electronic payment and payment card through electronic payment operators.
- When making a payment, the Customer will be informed of the payment amount immediately before it is made, as well as of the available payment methods and the details of the payment operator. The detailed regulations for making payments through electronic payment operators are available on the website of the relevant operator.
- In order to make payment through an electronic payment operator, the Customer should follow the instructions given by the electronic payment operator, to which he/she will be redirected from the Online Shop, and immediately make payment for the Order placed.
- The Customer declares that he/she agrees to the use and transmission by the Service Provider of electronic invoices not requiring signatures of the parties in pdf format by sending them to the Electronic Address indicated by the Customer. The Seller shall provide the Client with an electronic invoice immediately upon receipt of payment for the Order.
- The Seller shall deliver the Goods exclusively in the territory of the Republic of Poland, unless otherwise stipulated in the description of the given Goods.
- When placing the Order, the Client chooses the method of delivery of the Goods. The Goods may be delivered to the Client:
- with the help of a courier company,
- by parcel machine,
- through personal collection of the Goods by the Client at the Seller's facility.
- The Seller publishes information in the Online Shop about the number of working days required for delivery of the Goods using a specific delivery method.
- Receiving the consignment with the Goods, the Client should check its condition, and in the case of any damage or breach of packaging, it is recommended that the Client draws up a damage report in the presence of the person issuing the Goods. The Customer should immediately send the damage report to the Seller together with a possible complaint.
- The Seller reserves a maximum lead time of 30 days for the fulfilment of the Order. After this period has expired ineffectively, the Customer may cancel the Order by sending the Seller a declaration of cancellation of the Order. In this case, the Seller shall immediately refund to the Customer who is a Consumer all payments made by the Customer, including any costs of delivering the Goods.
- The Seller attaches a sales confirmation in the form of a VAT invoice or fiscal receipt to each Order delivered. In the event that the Purchaser is a VAT payer and wishes to receive an invoice, he/she should send the relevant information to the Seller, e.g. via e-mail immediately after the purchase, specifying the necessary data.
§6 TERMINATION AND EXPIRY OF THE SERVICE AGREEMENT
- This section shall not apply to Sales Agreements, but shall only apply to agreements for electronic provision of services for maintaining a Customer Account.
- The contract for electronic provision of services may be terminated by the Customer at any time via the Online Shop. The Seller shall confirm the termination of the agreement by sending the Customer a message to the Electronic Address indicated by the Customer in the Customer Account.
- The Seller has the right to terminate the contract for the provision of services by electronic means at any time for valid reasons upon 14 days' notice. The Seller shall terminate the agreement for the provision of services by electronic means by sending a relevant declaration of intent to the Customer at the Electronic Address indicated by the Customer in the Customer Account.
- The agreement for the provision of services by electronic means shall terminate in the event of:
- Death or liquidation of the Customer;
- The Seller's liquidation or cessation of the Seller's business activities.
§7 PROTECTION OF PERSONAL DATA
- The Seller, as the Personal Data Administrator, shall make every effort to ensure all possible measures for physical, technical and organisational protection of Personal Data against their accidental or intentional destruction, accidental loss, alteration, unauthorised disclosure, use or access, in accordance with all applicable laws, including RODO.
- The Seller uses cookies and other similar technologies within the Online Shop to improve the effectiveness and offer the Customer increasingly improved functionalities of the Online Shop and more tailored advertisements. If the Customer does not agree to save and receive information in cookies, he/she can change the rules of cookies through the settings of his/her Internet browser or by using the so-called opt-out on the website of the provider of the given technological solution. Detailed information on the technologies used by the Seller is available in the Cookie Policy available at screentex.co.uk/.
- For more information on the processing of Personal Data by the Seller, please refer to the Privacy Policy available at screentex.pl/.
§8 RESPONSIBILITY
- The Customer is obliged to use the Online Shop in accordance with its purpose and refrain from any activity that could interfere with its proper functioning.
- The Customer is forbidden to introduce unlawful content into the area of the Internet Shop. The Customer bears full responsibility for the correctness, scope, completeness, content and legal compliance of the data entered and stored in the Customer's Account.
- To the extent permitted by law, the Seller is not responsible for:
- the blocking by the administrators of the e-mail servers that handle the Customer's e-mails sent by the Seller to the Customer's Electronic Address and the deletion and blocking of e-mails sent by the Seller by the software installed on the computer equipment used by the Customer;
- malfunctioning of the On-line shop resulting from the circumstances that the Customer's computer equipment, software or Internet access do not meet the technical requirements indicated in the Terms and Conditions;
- consequences of the Customer providing incorrect or untrue Customer data when registering a Customer Account or placing an Order.
- The Internet Shop may contain links to other websites. The Seller is not responsible for the content, form and correctness of the information contained in these links. Viewing the content of the links takes place at the Customer's own risk.
- The Seller reserves the right to place in any part of the Internet Shop advertising content in the forms used on the Internet. The Seller shall not be held liable for advertising content placed in the Internet Shop and any claims of third parties resulting therefrom.
- Subject to mandatory provisions of law, to the maximum extent permitted by law, the Seller's liability for damages caused to non-Consumer Clients is limited to the amount that such Client paid to the Seller for the purchase of the Goods, regardless of the source and legal basis of the non-Consumer Client's claim, and liability for lost profits is excluded.
§ 9 WITHDRAWAL FROM THE SALES CONTRACT
- The Consumer shall be entitled to withdraw from the concluded Sales Contract, without giving any reason, within 14 days counting from the date of receipt of the Order. The period shall commence:
- from taking possession of the Goods by the Consumer or a third party other than the carrier indicated by the Consumer,
- in the event that the Sales Contract involves multiple Goods which are delivered separately, in lots or in parts - from taking possession of the last Goods, lot or part
- where the Contract of Sale involves the regular supply of items for a fixed period of time - from taking possession of the first item;
- for other cases - from the date of conclusion of the Contract of Sale.
- In order to comply with the deadline for withdrawal from the Sales Contract, it is sufficient for the Consumer to send information concerning the exercise of his right of withdrawal before the expiry of the deadline for withdrawal.
- In order to exercise the right of withdrawal from the Sales Contract, the Consumer is obliged to provide the Seller with a statement of withdrawal, preferably to the Electronic Address druk.serwis@interia.eu. If the Consumer exercises this option, the Seller shall immediately send the Consumer an acknowledgement of receipt of the notice of withdrawal on a durable medium (e.g. by e-mail).
- The statement of withdrawal from the Sales Contract may be formulated by the Consumer in the following manner (however, keeping the following formula is not obligatory):
Statement of withdrawal from the Sales Contract
Name of the Seller: Druk Serwis Katarzyna Iskra
Seller's address: Wola Studzieńska Kolonia 84, 23-230 Batorz
Seller's e-mail: druk.serwis@interia.eu
I/We hereby withdraw (*) from the purchase agreement concluded by me/us (*) for the following Goods: ____________________________________________________
Ordered on (*)/received on (*) ____________________________________.
First and last name of the Consumer(s): ____________________________________________
Address of the Consumer(s): ____________________________________________________
Signature of Consumer(s) (for paper statements only):_______________________
Date: ___________________________________________________________________
(*) delete as appropriate
- In the event of withdrawal from the Sales Contract, the contract shall be deemed not to have been concluded.
- The Seller shall return to the Consumer all payments received in connection with the Sales Contract from which the Consumer withdraws, in particular the Price of the Goods and the cost of delivery, however, as regards the return of delivery costs, the Seller shall be obliged to return only the cost of the ordinary, cheapest method of delivering the Order, offered by the Seller. Direct costs related to the return of the Goods resulting from the withdrawal from the Sales Contract by the Consumer shall be borne by the Consumer.
- The Seller shall refund the payment received from the Consumer, including the Price of the Goods and the cost of delivery immediately, but no later than within 14 days from the date of receipt of the notice of withdrawal from the Sales Contract sent by the Consumer, subject to paragraph 8 below. Reimbursement shall be made through the same payment channel that the Consumer used to pay for the Goods, unless otherwise agreed between the Seller and the Consumer.
- The Consumer who has withdrawn from the Sales Contract is obliged to return the Goods to the Seller immediately, but no later than 14 days from the date of withdrawal from the Contract. To meet the deadline it is sufficient to send back the Goods before its expiry. The returned Goods should remain in a condition not exceeding the condition necessary to ascertain the nature of the Goods, their characteristics and functioning. The Seller may withhold payment for the Goods until it has received the Goods or until it has provided the Seller with proof of their return, whichever event occurs first.
- The Consumer shall not have the right to withdraw from the Sales Contract in relation to Sales Contracts:
- in which the object of the performance is a non-refabricated item produced to the Consumer's specifications or serving to satisfy his/her individualised needs;
- in which the object of the performance is an item that deteriorates rapidly or has a short shelf life;
- in which the object of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
- where the object of the performance is the provision of goods which, by their nature, are inseparable from other goods after delivery;
- where the subject matter of the performance is sound or visual recordings or computer software supplied in sealed packaging if the packaging has been opened after delivery;
- for the supply of newspapers, periodicals or magazines with the exception of subscription contracts;
- for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.
- The consumer's rights referred to in this §9 are also entitled to the Customer who is a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
§10 DEFECTS OF GOODS. COMPLAINTS.
- The Seller shall be obliged to deliver Goods free of defects to the Customer.
- The Seller shall be liable to the Customer, on the basis of the warranty, for any physical or legal defects of the Goods purchased by the Customer. In the case of non-consumer sales, the provisions of articles 556-576 of the Civil Code are excluded, taking into account articles 5564 and 5565 of the Civil Code.
- The consumer has the right to demand a price reduction, removal of the defect, replacement of the defective product with a new one or withdrawal from the Sales Agreement. This entitlement also applies to a Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
- The Customer may report complaints and information relating to non-performance or improper performance of the Sales Agreement by the Seller, including defects of the Goods, or provision of electronic services specified in the Terms and Conditions in any form, in particular by e-mail to the Seller's electronic address druk.serwis@interia.eu or by post to the Seller's address, Wola Studzieńska Kolonia 84, 23-230 Batorz.
- In order for a complaint to be processed efficiently, it should include:
- Data of the person submitting the complaint (name and address of the Customer, Electronic Address);
- Description of the event giving rise to the complaint;
- Customer's expectations as to how the complaint should be resolved;
- Proof of purchase, if the complaint concerns the ordered Goods.
- In the case of complaints regarding defects of the Goods, the Customer is obliged to deliver the defective Goods to the Seller's address. In the case of a Consumer, the cost of delivery is covered by the Seller.
- The Seller shall, within 14 (fourteen) calendar days of receipt of a complete complaint notification, respond to the Customer's complaint and notify the Customer of further actions related to the complaint under consideration.
- If the complaint is considered in favour of the Customer, the costs of replacement or repair of the Goods shall be borne by the Seller.
- The Customer will be informed about the way of resolving the complaint by e-mail, to the e-mail address specified in the complaint notification.
§11 FINAL PROVISIONS
- These Terms and Conditions shall enter into force on 25.02.2022.
- The Seller reserves the right to unilaterally change the provisions of the Terms and Conditions, without having to justify the reasons for such change, and at the same time undertakes to inform the Customer of each change to the Terms and Conditions by posting the consolidated text of the Terms and Conditions at https://screentex.pl//regulamin-sklepu. Amendments to the Terms and Conditions do not affect orders placed by the Customer before the amendments to the Terms and Conditions became effective - such orders are fulfilled in accordance with the provisions of the Terms and Conditions in force on the date the order was placed.
- Amendments to the Terms and Conditions become effective 7 days after their content is made available at https://screentex.pl//regulamin-sklepu. If the Customer does not accept the new content of the Terms and Conditions, he/she is obliged to inform the Seller about it, which results in termination of the agreement for provision of services for maintaining the Customer's Account in accordance with provisions of §6 of the Terms and Conditions.
- In matters not regulated by these Terms and Conditions, the relevant provisions of Polish law shall apply, in particular the provisions of the Civil Code Act of 23 April 1964 (i.e. Journal of Laws of 2020, item 1740 as amended) and the provisions of the Consumer Rights Act of 30 May 2014 (Journal of Laws of 2020, item 287 as amended).
- Any disputes arising from the performance of the Sales Agreement shall be attempted to be resolved amicably by the Parties. If the Parties being entrepreneurs fail to agree on an amicable resolution of the dispute within 60 days from the date of filing the claim, the court having jurisdiction over the registered office of the Seller shall be competent to finally resolve the dispute.
- The Seller informs the Customer who is a Consumer about the possibility to use out-of-court ways of dealing with complaints and claims. These include in particular:
- permanent, amicable consumer court operating at the Trade Inspection
- mediation proceedings on amicable settlement of a dispute between a Customer and a Seller, which are conducted before a provincial inspector of the Trade Inspection;
- assistance in resolving a dispute between the Customer and the Seller provided by the competent district (city) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
- the platform of the Internet system of resolving disputes between consumers and traders at the EU level (ODR platform) available at http://ec.europa.eu/consumers/odr/.
