SELLERS REGISTRATION DETAILS
GENERATOR, Ziemowit Poniatowski
ul. Krotka 22
05-080 Izabelin, POLAND
The Company operates under an entry in the business activity register in CEIDG.
I. GENERAL PROVISIONS
- The online store sells goods via the Internet.
- Before using the Store, please read the contents of these Regulations.
- Makin use of the Store in any manner is tantamount to the Users familiarization with and acceptance of the contents of the Regulations and expression of their unconditional consent for these contents.
- The provisions hereof guarantee consumer rights available under the mandatory applicable legal regulations. In the case of any discrepancies between these Regulations and the aforesaid regulations, the latter shall prevail.
- Store - the Sellers online store Generator.pl available at: http://www.generator.pl/;
- Seller - the entity managing and running the Store, namely GENERATOR Ziemowit Poniatowski, seated in Izabelin, ul. Krotka 22, 05-080 Izabelin, NIP 527-100-25-16 REGON 010739795;
- Regulations - this document including all annexes and supplements, which constitute an integral part hereof.
- Customer - a natural person, legal entity or a business unit without legal personality which makes use of the Stores offer;
- Consumer - a natural person that concludes a goods purchase contract which is not related directly to its business or professional activity;
- User - anyone who uses the Store in any manner;
III. TECHNICAL REQUIREMENTS
- In order to use the Store via website, it is necessary to have a device allowing access to the Internet, an e-mail mailbox and web browser able to display websites (it is recommended to use the following browsers in the specified or newer versions and with enabled cookies: Internet Explorer 8, Opera 10.00, Google Chrome 10.0, Mozilla 4.0 or the latest versions thereof).
- Orders are accepted via the Stores website.
- The Customer is obliged to provide true and correct details required to complete the order.
- The Store confirms acceptance of the order via e-mail or telephone. For the Customer and for the Store, the information provided in the Store, next to the purchased goods at the time of submitting the order, are binding, particularly: price, characteristics of the product, its properties, elements included in the set, date and method of delivery.
- The information provided in the Store are not an offer within the meaning of the Civil Code. Sellers advertisements, price lists and other information about the Product provided at the website of the Store, particularly their descriptions, technical and operational parameters as well as prices are an invitation to conclude a contract within the meaning of article 71 of the Civil Code.
- A purchase contract is concluded:
- in the case of C.O.D. orders submitted in the Store - when the Customer receives an e-mail confirming acceptance of the order.
- in the case of orders paid via transfer when the payment is credited to the account.
- in the case of orders paid with credit card at the moment of credit card authorization
- The order shall be completed only if the product is in stock of the Store or its suppliers. If the ordered goods are partially unavailable, the Customer shall be informed about the status of the order and decides on the method of its completion (partial completion, cancellation of the entire order).
- Every product is provided with an information on whether the product is in stock or must be ordered from our suppliers. If the product is in stock, the parcel will be shipped no later than within 6 days from reception of the order. If the product is out of stock, the shipment date may be extended by up to 30 days depending on availability of the product at our suppliers.
- Should it be impossible to complete the order due to permanent unavailability of the product, the Seller shall immediately and in any case no later than within thirty days from the date of concluding the contract notify the Customer about this fact and return the entire amount received from the Customer.
- The Customer may modify the order until the moment of dispatching the goods. The Customer may cancel the submitted order in full until the time of shipping the goods. The aforesaid modifications can be made by contacting the Seller using the form available at the website of the Store.
- For every order the Seller issues a fiscal receipt, list of all the products shipped as well as information about the method and cost of shipment. This receipt shall be attached to the shipped goods.
- At the Customers request, the Store shall issue a VAT invoice, provided that the appropriate field of the order form has been marked.
V. PRICE AND PAYMENT
- All the prices are specified in the Polish zloty and include the VAT. The price specified for each product is binding at the time of submitting the order. The Store reserves the right to change the prices of the goods on offer, to introduce new offer into the offer of the online store, to carry out and cancel promotional campaigns at the store website or to modify the same.
- Promotions and sales apply to a limited number of products and the orders are completed in the order of receiving confirmed orders for these products, while the stock subject to this form of sale lasts.
- The Customer shall incur the costs of delivery. These costs shall be added to the general amount of the receipt or the invoice. The cost of delivery depends on the quantity and weight of the products. The goods are delivered in the manner chosen by the Customer and specified in the order. The cost and method of delivery are chosen by the Customer, who may change them before the order is confirmed. The delivery costs are visible while making the order, before it is confirmed in the order form. The parcels are delivered by Poczta Polska (Polish Post). Upon prior arrangement, the goods may be collected personally, outside the Sellers seat.
- Information about the current costs of delivery is available at Terms of Delivery.
- When submitting the order, the Buyer selects the form of payment:
- online payment via payment service.
- The parcels are delivered by Poczta Polska (Polish Post).
- The delivery time is 14 working days from the moment of posting the parcel.
- Upon prior arrangement, the goods may be collected personally, outside the Sellers seat.
- The Customer undertakes to collect the shipped goods.
- Upon reception of the goods, it is recommended that the Customer should inspect the condition of the parcel in the presence of the courier, particularly in the scope of completeness and lack of damage. In the case of finding any damages to the goods or other irregularities, it is recommended to make a damage report. Failure to make a damage report neither prevents nor withholds investigation of any potential claim, yet it may make it difficult for the Customer to prove that the damage existed at the moment of receiving the parcel.
VII. RIGHT TO WITHDRAW FROM CONTRACT
- The Consumer may withdraw from a distance contract without giving reasons by submitting a written declaration to that effect within 14 days.
- The aforesaid period of withdrawal from the contract commences when the possession of item is taken by the Customer or a third party, other than the carrier, indicated by the Customer.
- The withdrawal may be effectuated by providing the Seller with an express declaration of withdrawal from the contract. In order to observe the deadline, it suffices to send the declaration to the Seller within the 14-day period referred to above.
- The declaration of withdrawal from the contract may be provided in writing to the correspondence address of the Seller, e-mail or the form available at the Sellers website. The declaration may be sent using the specimen form of withdrawal from the contract which constitutes Annex 1 hereto, yet this is not mandatory [???].
- Should the Consumer withdraw from the contract, the contract shall be deemed non-concluded and the Customer shall be released from all obligations towards the Seller. If the Consumer submitted the declaration of withdrawal from the contract before the Seller confirmed their offer, the offer shall no longer be binding.
- The Consumer shall incur the direct costs of returning the goods to the Seller.
- The Consumer shall be obliged to return the goods immediately, yet no later than within 14 days from the date of withdrawing from the contract. This deadline shall be deemed observed as long as the products are sent back to the Seller before its lapse.
- In the case of the Consumers withdrawal from the contract, any payments made by the Consumer shall be returned immediately, yet no later than within 14 days from the date of the Sellers receipt of the appropriate declaration of the Consumer, via the same channel that the Customer used to make their payment, unless the Consumer expressly agrees on another form of returning the payment. In no case shall the Consumer incur the costs of returning the payment. The Seller may suspend return of the payments received from the Consumer until the time of receiving back the goods or until the Consumer provides an evidence of shipping them back, whichever occurs first.
- The costs of delivering the goods shall be reimbursed to the Consumer only up to the amount of the cheapest, ordinary method offered by the Seller. All the extra costs arising from the Customers selection of another method of delivery shall be incurred by the Consumer.
- The right to withdraw from the contract shall not be available to the Consumer in relation to a contract in which the object of performance are audio or video records shipped in a sealed package, if the package was opened after delivery.
VIII. COMPLAINTS AND ALTERNATIVE METHODS OF EXAMINATION OF DISPUTES
- The goods offered in the Store are free of physical and legal defects, unless the description of the given product specifies otherwise.
- If the Consumer is not the Buyer, the parties shall exclude the Sellers liability on account of warranty for physical and legal defects of the goods.
- Warranty for physical and legal defects of the Product: :
- The Seller shall be liable towards the Buyer for any physical and legal defects of the goods in the scope specified by the provisions of the 1964-04-23 Civil code (Journal of Laws 2014, item 121 as amended).
- The risk of accidental loss or destruction of the goods is transferred to the Consumer at the moment of receiving the Product from the Seller or the carrier acting on his behalf. If the Consumer specified the carrier of the Product independently, and the Seller had no say in this matter, the said risk is transferred to the Consumer at the moment of releasing the Product to this carrier.
- The Consumer complains about defective goods by notifying the Seller about finding a physical or legal defect of the product.
- The Consumer shall lose the right to lodge a complaint should he fail to notice the Seller about a defect within a year from the date of finding the same, yet no later than within 2 years from the date of releasing the product to the Consumer.
- It is recommended to send the faulty goods together with a proof of purchase or a copy thereof, in order to facilitate investigation of the claim. Nevertheless, failure to attach a proof of purchase or its copy shall not stop the complaint procedure.
- If the Consumer exercises their rights under the warranty for physical or legal defects of the products by requesting replacement of the product, or if they withdraw from the contract, the defective goods are delivered to the Seller by the Consumer, but at the expense of the Seller. In this case, the defective Product is to be sent to the address of the Seller. If the Consumer requests removal of a defect or price reduction, there is no obligation to send the defective product to the Seller. In this case, the Consumer should make the defective product available at its location, and notify the Seller about this fact in order to set the date of collecting the defective product.
- Information on the possible use of extrajudicial (alternative) dispute resolution, including mediation can be found at the following addresses:
b. https://uokik.gov.pl/wazne_adresy.php#faq595, lub
c. http://ec.europa.eu/consumers/odr/ - Europe-wide online platform for alternative dispute resolution.
- Complaints regarding other services of the Store:
- The User may file a complaint if the services provided for herein are not provided by the Seller or are not provided in accordance with the provisions hereof.
- A complaint regarding services of the Store should include:
- details of the Users identity;
- subject of the complaint and the period it applies to;
- circumstances justifying the complaint;
- Users signature in the case of a complaint submitted in writing.
- If the complaint does not meet the formal conditions specified above, the Seller may, at his discretion, refuse to examine complaint or request the User to supplement the same within up to 7 days with an instruction that in the case of failure to supplement the complaint within said time, the complaint shall not be examined.
- The Seller may refuse to examine the complaint or reject it if:
- the complaint applies to an issue explained in the Regulations, annexes, supplements or help materials available in the Store. In this case, the reply to the complaint shall include a reference to the relevant document.
- the complaint applies to an issue which has already been explained in a reply to a previous complaint of the given User. In this case, the reply to the complaint shall include a reference to the relevant correspondence.
- the complaint comes from a third party which does not have an appropriate authorization or plenipotentiary.
- it will be submitted after 30 days from the date of revealing the causes of the complaint. .
- The Seller shall immediately notify the Buyer about exercising this right.
- Complaints which are sent to the Store and apply to services provided by third parties through the agency of the Store shall be immediately transferred by the Seller to the appropriate third party which is liable for handling complaints.
- Common provisions:
- A complaint can be lodged by filling out the electronic form available in the Store, using e-mail or in writing to the correspondence address of the Seller.
- The Seller shall investigate the complaint immediately, yet no later than within 14 days from the day of receiving the same.
- The Seller replies to a complaint, at his discretion:
- in writing, to the complaining partys address,
- via e-mail, to the ad dress specified by the complaining party,
- via telephone
- We also inform that the Consumer is also able to use the out-of-court methods of investigating a complaint and pursuing a claim, including:
- Requesting a regular, amicable consumer court of the Trading Standards Authority to settle the dispute arising from the concluded contract.
- Requesting a provincial inspector of the Trading Standard Authority to initiate a mediation proceedings in order to amicably settle the dispute between the Buyer and the Seller.
- Using gratuitous assistance of a district (municipal) consumer advocate or a social organization the statutory goals of which include protection of consumers (e.g. Federation of Consumers, Polish Consumers Association).
IX. FINAL PROVISIONS
- Out of concern for the good of the Users and to ensure top quality of the Store, it is forbidden to use the Store, any of its functionalities and the services provided in a manner nonconforming to the character, purpose and object of the Store, particularly to take any actions nonconforming to the generally applicable law, provisions of these Regulations as well as good practice and moral standards.
- The Seller shall make all efforts in order for the Store as well as all the services made available through the same to operate continuously, without any disturbance, yet the Seller shall not be liable for any disturbances caused by force majeure, unauthorized interference of the Users or third parties, for which he is not responsible. The Seller guarantees availability of the Store of 90% per annum.
- The Seller reserves the right to introduce any safeguards intended to protect proper operation of the Store, including safeguards against actions of the Store Users which violate these Regulations or the rules related to the operation of the Store.
- All intellectual property rights to the Store, particularly to the contents, word or graphic marks, names, images, graphics, sound effects, information, functionalities and services available in the Store are the sole property of the Seller or his partners which allowed the Seller to use the specific materials. Using the Store hereunder in any manner does not, to any extent, grant the User any of the aforesaid intellectual property rights, neither partially nor entirely.
- Without a written consent of the Seller, it is prohibited to: copy, reproduce or make any other use, either entirely or partially, the aforesaid intellectual property rights to the Store. This does not apply to automatic, temporary storage of files in the memory of a digital device, which is the result of normal use of the Store for purposes conforming to these Regulations and in the cases of legally permissible use.
- The content of these Regulations is made available to the User free of charge via the agency of the Store and may be stored in particular by printing, saving on a carrier or downloading from the Store website at any time.
- These Regulations may only be amended for a valid reason and in a way enabling the User to read and accept the changes beforehand, or to discontinue using the Store, or a declaration of using the Store subject to the previous rules. Amendment to the Regulations has no effect on any orders submitted by the Customers before these amendments came into effect.
- Invalidity of any provision hereof, confirmed by a verdict of a competent court, shall not invalidate any other provisions hereof.
- To all matters not regulated in these Regulations, provisions of the applicable Polish law shall apply, unless mandatory legal regulations applicable in the Users country specify otherwise.
- All disputes resulting from the functioning of the Store and provision of services as part of the Store shall be settled by competent Polish courts.