TERMS AND CONDITIONS OF ONLINE SHOP
I. Definitions
The terms used in the Regulations shall mean:
1) Customer - a natural person, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who makes an Order at the Store;
2) Consumer - in accordance with Article. 22[1] of the Civil Code means a natural person making a legal transaction with an entrepreneur that is not directly related to his/her business or professional activity.
3rd Civil Code - the Act of 23 April 1964. (Journal of Laws No. 16, item 93 as amended). 4;
4th Regulations - these Regulations specify the general terms and conditions of sale and electronic services provided by the Ultra Power Rack Store online shop;
5) Online Store (Store) - the Internet service available at https://regalydowszystkiego.pl, through which the Customer may place Orders;
6. Merchandise - products presented in the Online Store;
7th Contract of sale - a contract of sale of Goods, as defined by the Civil Code, concluded between the Ultra Power Regal Store and the Customer, concluded with the use of the Store's website;
8. consumer rights act - the act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827);
9. electronic Services Act - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204 as amended);
10. order - Customer's declaration of will that leads directly to conclusion of a Sales agreement, specifying in particular the type and number of Goods.
II. General provisions
First These Regulations define the principles of use of the online shop available at https://regalydowszystkiego.pl. 2.
Second These Regulations are the rules referred to in Article 8 of the Act on electronic services.
Third The Ultra Power Racks online shop, operating at https://regalydowszystkiego.pl, is run by Ultra Power Polska Sp. z o.o., Główna 28a, 66-460 Nowiny Wielkie, NIP: 5993245582, REGON: 385000987, entered in the Register of Entrepreneurs kept by the District Court for the city of Gorzwoa Wlkp. Gorzwoa Wlkp., under the number 0000817267, represented by the President of the Management Board - Bartłomiej Hejnar. 4.
4th These Regulations define in particular:
- rules of registration and account usage in the online shop;
- Conditions and rules for placing electronic Orders in the online shop;
- principles of concluding Sales Agreements using the services provided by the Online Store.
5th Use of the online shop is possible on condition that the ICT system used by the Customer meets the following minimum technical requirements: PC , Laptop , mobile phone, tablet , with internet access and web browser
6th In order to use the online shop, the Customer should obtain his/her own access to a computer station or terminal device with Internet access.
7th In accordance with applicable law, Ultra Power Regal Shop reserves the right to limit the provision of services via an online shop to persons over the age of 18. In this case, potential Customers will be notified of the above.
(8) The Customers may access these Terms and Conditions at any time through the link on the home page of https://regalydowszystkiego.pl and download and print them.
III. Rules of using the On-line shop
Registration with the Online Store is optional. The Customer can place an order without registering in the Shop, after reading and accepting these Regulations.
Registration takes place by completing and accepting a registration form made available on one of the pages of the Shop.
Registration is conditional on agreeing to the Terms and Conditions and providing the personal data marked as obligatory.
The Ultra Power Rack Shop can deprive the Customer of the right to use the Internet Shop, as well as limit its access to a part or all resources of the Internet Shop, with immediate effect, if the Customer violates the Terms and Conditions, and in particular, if the Customer:
- provided during the registration in the Internet shop data which is untrue, inaccurate or outdated, misleading or violating the rights of third parties,
- committed, by means of the online shop, the violation of personal rights of third parties, in particular the personal rights of other customers of the online shop,
- will behave in any other way that may be considered by the Ultra Power Regal Shop as violating the law or the general principles of using the Internet or injuring the Ultra Power Regal Shop reputation.
A person who has been deprived of the right to use the Internet shop may not register again without the prior consent of the Ultra Power Rack Shop.
(2) In order to ensure the security of the transmission of messages and data in connection with the services provided by the Website, the Online Store takes technical and organisational measures appropriate to the degree of security threat to the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data transmitted over the Internet.
Third Customer is obliged, in particular:
- use the Internet Store in a manner consistent with the provisions of applicable law in the territory of the Republic of Poland, the provisions of the Terms and Conditions, as well as with the general rules for the use of the Internet.
- not to provide or transmit content that is prohibited by law, e.g. content that promotes violence, defames or violates personal rights and other rights of third parties,
- use the Internet Shop in a manner not disruptive to its functioning, in particular by using specific software or devices,
- not to undertake actions such as: sending or placing within the scope of the Internet Shop unsolicited commercial information (spam),
- use the Internet Shop in a manner not disruptive to other customers and the Ultra Power Store,
- to use any content available in the Internet Shop only for personal use,
IV. Procedure for concluding a Sales Agreement
(1) In order to conclude a Sales Agreement via the Internet Store, it is necessary to visit the website https://regalydowszystkiego.pl and make a choice of goods, taking subsequent technical actions based on the messages displayed to the Customer and the information available on the website.
(2) The selection of ordered Goods by the Customer is made by adding them to the basket.
In the course of submitting the Order - until the moment of pressing the button confirming the Order placement - the Customer has the possibility of modifying the entered data and the selected Goods. For this purpose, the messages displayed to the Customer and the information available on the site should be followed.
(4) After the Customer has provided the Online Store with all the necessary data, a summary of the Order shall be displayed. The Order summary shall contain, inter alia, a description of the selected goods or services, the total price and all other costs.
5th In order to send the Order it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming the Order.
6th Information about the Goods given on the websites of the Store constitute an offer within the meaning of Article 66 of the Civil Code. The Customer's sending of the Order constitutes a declaration of will to conclude a Sales Agreement with the Ultra Power Rack Shop according to the provisions of the Regulations.
The contract shall be considered concluded at the moment the Customer's Order is entered into the IT system of the Internet Shop, provided that the Order complies with the Regulations.
After concluding a contract, the Customer receives an e-mail message containing confirmation of all significant elements of the Order.
7th The sales agreement is concluded in Polish, with the content compliant with the Regulations.
8th Customers can access these Regulations at any time through the link on the homepage of the website https://regalydowszystkiego.pl and download and make a printout.
Fixing, securing, making available and confirming important provisions of the Agreement for sale of the Goods to the Client shall take place by sending to the Client's e-mail address specified and by attaching to the parcel containing the Goods a printout of confirmation, specification of the Order and a VAT invoice.
V. Delivery
1) Delivery of the Goods is limited to the territory of the Republic of Poland and takes place to the address indicated by the Customer in the course of placing the Order.
2. The Goods are delivered via:
- Courier company
Delivery costs are: https://regalydowszystkiego.pl/Wysylka-cterms-pol-39.html. In addition, delivery costs will be indicated during placing the Order.
Third Delivery time is 4 days and counts from the date of sending the Order by the Customer.
4th Damage to the Goods caused during delivery.
In the case of a consumer distance purchase, our Store always bears the risk of accidental damage or loss of goods in transit. If the goods are delivered with obvious damage incurred during transport, we kindly ask you to report such damage to the deliverer as soon as possible and contact us. A delay in making such a claim or contacting us has no consequences for your statutory claims and their settlement, in particular your rights under the statutory warranty for defects (Section VIII of the Terms and Conditions). Faster notification of damage noticed during transport shall assist us in asserting our own claims against the carrier or the transport insurer.
VI. Prices and payment methods 1.
First Prices of Goods are given in Polish zloty and include all components, including VAT, customs duties and any other components.
(2) The Client can pay the price
- by transfer
- cash on delivery
- IAI Quick Payment
VII. Right of withdrawal
All information concerning the right of withdrawal , you will find on a separate subpage , at:
http://regalydowszystkiego.pl/Prawo-do-odstapienia-od-umowy-cterms-pol-37.html
VIII. Complaints concerning the Goods
Applies to the Customer who is the Consumer:
We are obliged to deliver goods free of defects. The statutory right of liability for defects of the goods sold (warranty for defects) shall apply within the scope of Article 556 and Articles 556[1]-556[3] et seq. of the Civil Code.
Complaints can be submitted:
- in writing to the following address: Ultra Power Polska, Główna 28a, 66-460, Nowiny Wielkie.
- via e-mail to the address: ultra@post.pl.
- or by using the contact form available on the Store's website.
In case of exercising the rights under warranty - if we find it necessary to process the complaint - you are obliged to deliver the defective goods to the postal address indicated above at our expense. If, due to the nature of the goods or the way in which they are installed, delivery of the goods would be unreasonably difficult, you are obliged to make the goods available to us at the place where they are located. We are obliged to respond to the complaint immediately, no later than within 14 days of its submission.
We are liable under the warranty if a physical defect is discovered before the expiry of two years from the date on which the goods were handed over to you. If the object of sale is a used movable item, liability under the warranty is one year from the date of delivery.
When making a complaint, it is recommended (1) to provide information on the subject of the complaint, in particular, the type and date of occurrence of the defect; (2) to specify the request for the removal of the defect (replacement of the goods for a new one, repair of the goods, reduction of the price, withdrawal from the contract - if the defect is significant); and (3) to provide contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Store. The recommendations specified in the previous sentence are only non-binding guidelines and in no way affect the effectiveness of complaints made without providing the recommended information.
Applies to a Customer who is not a Consumer:
In the case of a Sales Agreement concluded with a Customer who is not at the same time a Consumer, pursuant to Article 558 § 1 of the Civil Code, the Online Shop's liability under warranty for defects in the Goods is excluded. This exclusion shall be ineffective in the case of malicious concealment of a defect
IX. Additional guarantees when selling Goods in the Shop
Shop Regały Ultra Power is not the manufacturer of the Goods, however, all Goods available in the Store are additionally guaranteed by Shop Regały Ultra Power as a seller. Shop Regały Ultra Power shall be liable under the warranty of the Goods sold under the conditions and for the period indicated in the warranty card enclosed with the Goods.
The manufacturer may be independently liable under the warranty of the Goods sold under the conditions and for the period of time indicated in the warranty card issued by the manufacturer. If the manufacturer's warranty document provides for such a possibility, the Customer may also submit its claims under the warranty directly to the authorized service centre whose address is specified in the warranty card.
All the Goods available in the Store are independently subject to the Store's liability under the statutory warranty for defects. The guarantee does not exclude, limit or suspend the Customer's rights under the statutory warranty for defects of the sold thing.
X. Complaints regarding the provision of electronic services
1) Ultra Power Rack Store takes steps to ensure the proper operation of the Online Store to the extent that results from the current technical knowledge and undertakes to remove all irregularities reported by customers within a reasonable time.
(2) The Customer may notify us of any irregularities or interruptions in the functioning of the Online Store service. Irregularities related to the functioning of the Shop should be reported by e-mail to the address: ultra@post.pl.
Third In a complaint about irregularities related to the operation of the service Online Store, please indicate the type and date of irregularities.
4th We undertake to respond to the complaint immediately, no later than 14 days from the date of its submission.
XI. Out-of-court means of dealing with complaints and claims
(1) We inform you that you can use the out-of-court ways of dealing with complaints and claims. Making use of them is voluntary and may take place only when both parties to the dispute agree to it.
- The consumer may apply for the initiation of proceedings for out-of-court settlement of consumer disputes concerning the concluded Sales Agreement to the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended).
- A consumer may also request that a dispute concerning a concluded sale agreement be examined by a permanent arbitration court operating at the relevant provincial inspectorate of the Trade Inspection, pursuant to Article 37 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws 2001 No. 4, item 25 as amended).
- The European Commission also makes available a platform for online dispute resolution between Consumers and Entrepreneurs (the ODR platform). It is available at the following address: http://ec.europa.eu/consumers/odr/.
Detailed information on the resolution of consumer disputes, including the possibility of out-of-court complaint handling by the Consumer, the assertion of claims and the rules of access to these procedures are available in the headquarters and on the website of provincial inspectorates of the Trade Inspection and at the website: https://uokik.gov.pl/spory_konsumenckie.php.
XII. Final provisions
First Court for the settlement of disputes with Consumers is a competent court in accordance with the applicable provisions of the Code of Civil Procedure.
Second Settlement of potential disputes arising between the Shop Regaly Ultra Power and the Customer who is not a Consumer is subject to the competent court for our headquarters.
(3) In matters not covered by these Terms and Conditions, the provisions of the applicable law shall apply, in particular the provisions of the Act of 23 April 1964 Civil Code (consolidated text Journal of Laws of 2014, item 121 as amended) and the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). In the event of any contradictions between these Regulations and the rights of Customers and provisions arising from universally applicable regulations, the universally applicable provisions of Polish law shall apply.