TERMS AND CONDITIONS OF THE ONLINE STORE
www.plantinity.com
§ 1
GENERAL PROVISIONS
- The online store www.plantinity.com operates in accordance with the terms set forth in these Terms and Conditions.
- These Terms and Conditions specify the conditions for concluding and terminating Sales Agreements, the complaint procedure, the types and scope of electronic services provided by the store www.plantinity.com, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
- Any Service Recipient, upon taking steps to use the electronic services of the store www.plantinity.com, is required to comply with these Terms and Conditions.
- In matters not covered by these Terms and Conditions, the following provisions apply:
- the Act on Providing Services by Electronic Means of 18 July 2002,
- the Consumer Rights Act of 30 May 2014,
- the Act on Out-of-Court Consumer Dispute Resolution of 23 September 2016,
- the Civil Code Act of 23 April 1964 and other applicable provisions of Polish law.
§ 2
DEFINITIONS USED IN THE TERMS AND CONDITIONS
- ORDER FORM – a form available on the website www.plantinity.com that allows placing an Order.
- CUSTOMER – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
- CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
- ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality but with legal capacity granted by law, conducting business or professional activity on their own behalf.
- PRODUCT – a tangible item available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
- TERMS AND CONDITIONS – these Terms and Conditions of the Store.
- STORE – the online store operated by the Service Provider at www.plantinity.com.
- SELLER, SERVICE PROVIDER – Waldemar Skorupka Konsulting, address: Skaryszewska 4/26, 03-802 Warsaw, Poland, NIP: 8231083361
- SALES AGREEMENT – an agreement for the sale of a Product concluded between the Customer and the Seller via the Store.
- ORDER – the Customer’s declaration of intent constituting an offer to conclude a Sales Agreement with the Seller.
- PRICE – the monetary value that the Customer is obliged to pay the Seller for the Product.
§ 3
INFORMATION ABOUT PRODUCTS AND ORDERING
- The online store www.plantinity.com sells Products via the Internet.
- The Products offered in the Store are new, comply with the contract, and have been legally introduced into the Polish market.
- Information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions described in its listing.
- The Product Price displayed on the Store’s website is shown in Polish zloty (PLN) and includes all components. The Price does not include delivery costs.
- Orders can be placed via the website using the Order Form (Store www.plantinity.com) – 24 hours a day, year-round.
- To place an Order in the Store, the Customer must read and accept these Terms and Conditions at the time of placing the Order.
§ 4
CONCLUSION OF THE SALES AGREEMENT
- To conclude a Sales Agreement, the Customer must first place an Order using the method provided by the Seller, in accordance with §3 points 5 and 6 of these Terms and Conditions.
- After placing the Order, the Seller shall immediately confirm its receipt.
- The confirmation of receipt, referred to in point 2 of this paragraph, binds the Customer to the Order. The confirmation is sent by email.
- The confirmation email includes:
- confirmation of all essential elements of the Order,
- a withdrawal form,
- these Terms and Conditions with information on the right of withdrawal.
- Upon receipt of the email mentioned in point 4, a Sales Agreement is concluded between the Customer and the Seller.
- Each Sales Agreement will be confirmed with a proof of purchase, which will be attached to the Product.
§ 5
PAYMENT METHODS
- The Seller offers the following payment methods:
- traditional bank transfer to the Seller’s bank account,
- payment via an electronic payment system.
- In the case of a traditional bank transfer, the payment should be made to the bank account number: 52 1020 4317 0000 5002 0501 4727 Bank PKO BP. The payment title should include: “Order no …”.
- In the case of payment via an electronic payment system, the Customer must pay before the Order is processed. The system allows payments via credit card or fast transfer from selected Polish banks.
- The Customer is obliged to pay the Price under the Sales Agreement within 7 business days from the date of its conclusion, unless the Sales Agreement states otherwise.
- The Product will be shipped only after it has been paid for.
§ 6
DELIVERY COST, TIME, AND METHODS
- The cost of Product delivery, borne by the Customer, is determined during the Order placement process.
- The delivery time consists of the time required to prepare the Product and the time taken by the carrier to deliver the Product:
- Product preparation time is 2–3 business days,
- delivery by the carrier usually takes 2–3 business days from the date of shipment (delivery takes place only on working days, excluding Saturdays, Sundays, and public holidays).
- Products purchased in the Store are shipped exclusively within Poland via Poczta Polska or a courier company.
§ 7
PRODUCT COMPLAINTS
- Complaint due to non-conformity of the Product with the agreement.
- The basis and scope of the Seller’s liability towards a Customer who is a Consumer for the non-conformity of the Product with the agreement are defined in the Consumer Rights Act of 30 May 2014.
- The basis and scope of the Seller’s liability towards a Customer who is an Entrepreneur are defined in the Civil Code Act of 23 April 1964 (warranty).
- The Seller is liable to the Customer who is a Consumer for non-conformity of the Product with the agreement existing at the time of delivery and revealed within 2 years, unless a longer validity period has been specified by the Seller or the manufacturer.
- Complaints regarding non-conformity can be submitted via email to biuro@plantinity.com or in writing to: ul. Musioła 13, 43-200 Pszczyna.
- The complaint should include as many details and circumstances as possible regarding the subject of the complaint, particularly the type and date of the defect and contact details. This will help process the complaint more quickly.
- To assess the defect, the Consumer must make the Product available to the Seller, and the Seller is obliged to collect it at their own cost.
- The Seller shall respond to the Customer’s request promptly, no later than within 14 days from the date the complaint was submitted.
- If the Customer is a Consumer and the Seller does not respond within 14 days, the complaint is considered accepted.
- In the case of a justified complaint from a Consumer, the Seller shall:
- cover the cost of repair or replacement and the re-delivery of the Product,
- reduce the Product price (the reduced price must reflect the difference in value between a conforming and a non-conforming product) and refund the difference within 14 days from receipt of the Consumer’s statement,
- in the case of withdrawal from the agreement – refund the full price within 14 days of receiving the returned Product or proof of its return. The Consumer must return the Product immediately at the Seller’s cost.
- The response to the complaint is provided in writing or another durable medium, such as email or SMS.
§ 8
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- Subject to point 10 of this paragraph, a Customer who is also a Consumer, who has concluded a distance agreement, may withdraw from it without giving any reason within 14 days by submitting an appropriate statement.
- If the agreement is withdrawn from, the Sales Agreement is considered not concluded, and the Consumer must return the Product to the Seller or deliver it to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day of withdrawal, unless the Seller offered to collect the Product themselves. Sending the Product before the deadline is sufficient to meet the deadline.
- If the Consumer withdraws from the Sales Agreement, the Product should be returned to: ul. Musioła 13, 43-200 Pszczyna.
- The Consumer is responsible for any diminished value of the Product resulting from its use beyond what is necessary to establish its nature, characteristics, and functioning, unless the Seller did not inform the Consumer about the right of withdrawal and provide a withdrawal form. To determine the nature, characteristics, and functioning of the Product, the Consumer should handle and inspect it only as they would in a physical store.
- Subject to points 6 and 8 of this paragraph, the Seller shall refund the value of the Product along with the cost of delivery using the same payment method used by the Consumer, unless the Consumer agrees to a different refund method that does not incur any costs. The refund shall be made immediately and no later than 14 days from receipt of the withdrawal notice.
- If the Consumer chose a delivery method other than the least expensive standard delivery offered by the Store, the Seller is not required to refund the additional costs incurred.
- If the Seller did not offer to collect the Product themselves, they may withhold the refund until they receive the returned item or proof of its return, whichever occurs first.
- The Consumer withdrawing from the Sales Agreement, as referred to in point 1, bears only the direct cost of returning the Product to the Seller.
- The 14-day withdrawal period begins:
- for a Sales Agreement involving the delivery of a Product – on the day the Consumer (or a third party designated by the Consumer other than the carrier) takes possession of the Product.
- The right of withdrawal does not apply in the case of a Sales Agreement for non-prefabricated goods manufactured according to the Consumer’s specifications or clearly personalized.
- The right to withdraw from the Sales Agreement also applies to both the Seller and the Customer in the event that the other party fails to fulfill the agreement within the strictly specified timeframe.
§ 9
TYPE AND SCOPE OF ELECTRONIC SERVICES
- The Service Provider enables, via the Store, the use of an Electronic Service that consists of concluding Sales Agreements for Products.
- The provision of the Electronic Service to Service Recipients in the Store takes place under the conditions specified in these Terms and Conditions.
- The Service Provider has the right to place advertising content on the Store’s website. These contents constitute an integral part of the Store and the materials presented within it.
§ 10
TERMS OF PROVIDING AND CONCLUDING AGREEMENTS FOR ELECTRONIC SERVICES
- The provision of the Electronic Service referred to in §9 point 1 by the Service Provider is free of charge.
- An agreement for the provision of the Electronic Service consisting of enabling the Customer to place an Order in the Store is concluded for a definite period and is terminated when the Order is placed or when the Customer ceases to place an Order.
- The technical requirements necessary for cooperation with the IT system used by the Service Provider are as follows:
- a computer (or mobile device) with Internet access,
- access to email,
- a web browser,
- cookies and JavaScript enabled in the browser.
- The Service Recipient is obliged to use the Store in a manner consistent with the law, good practices, and with respect for the personal rights and intellectual property of third parties.
- The Service Recipient is obliged to provide data that is accurate and truthful.
- The Service Recipient is prohibited from providing unlawful content.
§ 11
COMPLAINTS RELATED TO ELECTRONIC SERVICES
- Complaints regarding the provision of Electronic Services via the Store may be submitted by the Customer via email to: biuro@plantinity.com
- The complaint should include as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact details. This will facilitate and speed up the consideration of the complaint by the Service Provider.
- The Service Provider shall respond to the complaint immediately, no later than within 14 days from the date of its submission.
- The response of the Service Provider regarding the complaint will be sent to the email address provided by the Customer in the complaint or in another manner indicated by the Customer.
§ 12
FINAL PROVISIONS
- Agreements concluded via the Store are concluded in accordance with Polish law.
- If any part of these Terms and Conditions is found to be inconsistent with applicable law, the relevant provisions of Polish law shall apply in its place.
- Any disputes arising from Sales Agreements between the Store and Consumers will first be resolved through negotiation, with the intention of amicable settlement, taking into account the Act on out-of-court consumer dispute resolution. If such resolution is not possible or satisfactory, the disputes shall be resolved by a competent common court in accordance with point 4 below.
- Any disputes arising between the Service Provider and the Customer (being a Consumer) shall be submitted to courts having jurisdiction under the provisions of the Code of Civil Procedure of 17 November 1964.
- The Consumer also has the right to use out-of-court dispute resolution methods, in particular by submitting an application for mediation or an application for a case to be heard by an arbitration court (the application is available at: http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer may also obtain free assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court claim procedures are free of charge after the complaint procedure has been exhausted.
- The Consumer may also file a complaint via the EU online dispute resolution platform (ODR), available at: http://ec.europa.eu/consumers/odr.
- This document was generated using the automatic generator available at: www.lexlab.pl/generator-regulaminu