TERMS AND CONDITIONS FOR THE PROVISION OF ELECTRONIC SERVICES IN THE SYNKRO ONLINE SHOP
The conclusion of the contract between the Buyer and the Seller can be done in two ways.
Before placing an order, the buyer has the right to negotiate any provisions of the contract with the Seller, including any amendments to the provisions of the following terms and conditions. Such negotiations should be conducted in writing and addressed to the Seller (SYNKRO PRZEMYSŁAW BOROWCZYŃSKI, PAWEŁ KALINOWSKI SPÓŁKA JAWNA with its registered office in Łódź (94-104, Obywatelska 108).
In the event that the Buyer renounces the possibility to conclude a contract by way of individual negotiations, the Regulations below and the applicable provisions of law shall apply.
§ 1 Definitions.
The terms used in the Terms and Conditions shall mean:
- Customer - an adult natural person with full legal capacity, a legal person or an organisational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to their business or professional activity.
- Consumer - an adult person with full legal capacity, making a purchase from the Seller not directly related to his/her business or professional activity. 3) Consumer - a natural person with full legal capacity, making a purchase from the Seller not directly related to his/her business or professional activity.
- Customer on the rights of the consumer - a Customer who is a natural person conducting business activity registered in the Central Register of Business Activity and Information (CEIDG), who concludes the Contract directly related to his business activity,
- When at the same time it follows from the content of the Agreement that it does not have a professional character for him, in particular from the subject of his economic activity made available in CEIDG (including in particular the PKD numbers).
- The Seller's point of sale - the point located at the address: Obywatelska Street No. 108, Łódź (94-104) Poland.
- Terms and Conditions - these Regulations of providing electronic services in the framework of the SYNKRO Internet shop.
- Internet shop (Shop) - the internet service available at the address https://www.carbone.pl/,
- Through which the Customer may in particular place Orders;
- The Seller - SYNKRO PRZEMYSŁAW BOROWCZYŃSKI, PAWEŁ KALINOWSKI SPÓŁKA JAWNA with its registered seat in Łódź (94-104) at Obywatelska 108 Street, entered into the Register of Entrepreneurs of the National Court Register under KRS No. 0000494120, registration court: District Court for Łódź - Śródmieście in Łódź, XX Economic Division of the National Court Register, Tax Identification Number NIP 7272791338 and Business Identification Number REGON 101723074.
- Merchandise (Goods) - products offered in the Online Store.
- Contract of sale (Contract) - a contract of sale of Goods, as defined by the Civil Code, concluded between the Seller and the Customer, concluded with the use of the Shop. 10.
- Contract for services - a contract concluded between the Seller and the User concerning the use of services provided via the Online Store.
- Consumer Rights Act - the Act of 30 May 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, as amended).
- Act on provision of services by electronic means - the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws of 2020, item 344).
- User - a natural person, legal entity or organisational unit without legal personality, which is granted legal capacity by the Act, using the Store in any way, including visiting the generally accessible Internet pages of the Store.
- Order - Customer's declaration of intent, aiming directly at the conclusion of a Sales Agreement, specifying in particular the type and quantity of Goods.
§ 2. General provisions
- These Terms and Conditions set out the rules for the use of the Online Store.
- These Terms and Conditions are the rules referred to in Article 8 of the Act on provision of electronic services.
- These Terms and Conditions shall constitute the Seller's fulfillment of the obligation referred to in Article 12 of the Act on Consumer Rights.
- The online shop is operated by the Seller.
- These Terms and Conditions of Use shall determine in particular:
- types and scope of services provided electronically through the Shop;
- the conditions for the provision of electronic services;
- rules on registration and use of an account in the Online Shop;
- terms and conditions for placing orders via the Online Shop;
- the rules for the conclusion and termination of sales contracts using the services provided within the framework of the Internet Shop.
- The use of the Online Store is possible on the condition that the data communications system system used by the User meets the following minimum technical requirements:
- Internet Explorer,
- Mozilla Firefox,
- Google Chrome,
- In order to use the services provided electronically by the Online Shop, the User should have access to a computer workstation or a terminal device with access to the Internet.
- Based on the Shop, the following services are provided electronically:
- to browse the Goods presented in the Shop;
- to search for Goods available in the Shop;
- creating an account - registration;
- logging in to an already established account;
- the opportunity to purchase Goods available in the Shop;
- the possibility of submitting an enquiry via the contact form.
- Users may access these Terms and Conditions at any time via a link from the Store's home page, download and print them.
- The provision of content of an unlawful nature is prohibited.
- The contract shall be concluded in the Polish language, in accordance with Polish law and these rules.
- The place of delivery must be within the territory of the Republic of Poland.
- The seller is obliged and undertakes to provide services and goods free from defects.
- The Seller declares that the result of a search for items obtained using the search engine on the website of the online shop: https://www.carbone.pl/ operates according to relevance, which means that the search results include items whose name or description contains the word or words (phrase) that the person using the search engine entered into the search engine of the online shop, or items whose name or description is the most relevant in relation to the word or words (phrase) entered by the person using the search engine.
- In each case of reduction in the price of Goods, the Seller shall place on the card of the given item (next to the information about the reduced price) information about the lowest price of the given item which was in force during the period of 30 days before the introduction of the reduction. If the Goods have been offered for sale for a period shorter than 30 days, the Seller shall place on the card of the given Goods, next to the information about the price reduction, information about the lowest price of the given item which was in force during the period from the day the given Goods were offered for sale until the date of introduction of the price reduction.
§ 3. Registration and ordering conditions
- The customers entitled to place Orders for Goods are:
- having the status of a registered user of the Shop,
- not having the status of a registered Shop user - making purchases without registration and logging in.
- The status of a registered user of the Store is obtained by performing the following actions:
- correct completion of the registration form on the Shop's website (in particular, providing the personal data required in the form and establishing the customer's login and password),
- activate the account by clicking on the link sent to the customer's e-mail address.
- Registration shall be carried out once.
- For each subsequent Order, the Customer uses the login and password previously set up on the Store's website. After using the login and password set by the Customer, he/she has the possibility of updating the data provided during registration. login and password are confidential.
- A customer with the status of a registered Store user places an order after logging in to the Store by adding the Goods presented in the Store to the basket, then confirming the order for the Goods by selecting the button - "I place an order with the obligation to pay."
- A Customer who does not have the status of a registered Store user places an Order by adding the Goods presented in the Online Shop to the basket, then confirming the order for the Goods by selecting the button - "I place an order with the obligation to pay" and providing the data necessary for the fulfillment of the Order in accordance with the procedure on the website of the Store.
§ 4. Conclusion of Sales Contract and Order Processing
- Information about the Goods given in the Shop, in particular their descriptions and prices, constitute an invitation to conclude a Contract within the meaning of Article 71 of the Civil Code.
- In order to conclude a Sales Agreement via the Internet Shop, you need to visit the website https://www.carbone.pl/, make a selection of Goods, taking further technical steps based on the messages displayed to the Customer and the information available on the website.
- Orders may be placed 24 hours a day.
- The Goods ordered by the Customer are selected by adding them to the basket.
- In the course of placing the Order - until the button "Order with obligation to pay" or any other equivalent informing about the obligation to pay is pressed - the Customer may modify the data entered and the selected Goods. To do so, follow the messages displayed to the Customer and the information available on the website.
- After the Customer using the Online Shop has entered all the necessary data, a summary of the Order placed shall be displayed. The summary of the Order shall contain information on:
- the subject matter of the Contract,
- the unit price and total price of the Goods ordered,
- including delivery and incidental costs (if any),
- the method of payment chosen,
- the chosen mode of delivery,the time of delivery.
- In order to send an Order, you have to accept the content of the Terms and Conditions, provide personal data marked as obligatory and press the button "Order with duty of payment" or other equivalent button.
- The Customer's sending of the Order constitutes a declaration of will to conclude a Sales Contract with the Seller, in accordance with the Regulations.
- Once the Order has been placed, the Customer shall receive an e-mail entitled "Order Confirmation (...)", containing a final confirmation of all important elements of the Order.
- The Agreement shall be deemed to have been concluded upon receipt by the Customer of the e-mail referred to above.
- The contract of sale shall be concluded in the English language, with contents in accordance with the Terms and Conditions.
- The Customers may access these Terms and Conditions at any time through the link on the homepage of the Website, download and take a printout thereof.
- Data on the Order and the Terms and Conditions are stored, secured and made available via e-mail.
- Placing Orders in the Store is possible 24 hours a day, all days a year.
§ 5. Payment arrangements
- The prices of the Goods are quoted in EUR or USD.
- The prices referred to in item 1 above do not include customs duties, or other fees.
- The payment for the Goods and the delivery costs of the Goods may be paid only in accordacne with to the following options:
- by bank transfer or payment to the Seller's bank account, i.e.PL23 1140 2004 0000 3312 0536 3124EUR bank account 23 1140 2004 0000 3312 0536 3124USD bank account 85 1140 2004 0000 3412 0559 7960BIG/SWIFT BREXPLPWMBK;
- online transfer - via the system allowing online payments on the Store's website.
- With these forms of payment, order processing begins after the Store has corrected the confirmation of receipt of payment.
- In the case of payment by bank transfer or payment to the Seller's bank account, the following should be provided in the transfer order:
- the Customer's name and surname or company name,
- the Order number (indicated in the information about Order registration in the Store).
- The Customer's obligations under the Agreement for sale of Goods shall remain until the entire amount due for the Goods and the cost of delivery of the Goods is paid.
§ 6. Delivery of ordered goods
- For the purpose of completing the Order, the Customer is obliged to provide all necessary data to enable its fulfilment, i.e. name, surname, address (street, house number, city with postal code, country), telephone number, e-mail address.
- The ordered goods are delivered by courier. The cost of delivery will be indicated during the placement of the Order.
- Orders are delivered through the Polish Post, UPS, DPD, DHL.
- Method and date of delivery declared by the carrier on Polish territory:
- Poczta Polska, expected delivery time: 4-7 working days,
- UPS, estimated delivery time: 4-7 working days,
- DPD, estimated delivery time: 4-7 working days,
- DHL, estimated delivery time: 4-7 working days.
- Method and date of delivery as declared by the carrier within the European Union:
- Poczta Polska, estimated delivery time: 4-7 working days,
- UPS, estimated delivery time: 4-7 working days,
- DPD, estimated delivery time: 4-7 working days,
- DHL, estimated delivery time: 4-7 working days.
- Delivery method and time declared by the carrier outside the European Union:
- Poczta Polska, estimated delivery time: 7-21 working days,
- UPS, estimated delivery time: 7-21 working days,
- DPD, estimated delivery time: 7-21 working days,
- DHL, expected delivery time: 7-21 working days.
- Saturdays and public holidays do not count towards the Order lead time.
- The Seller undertakes to deliver the Goods without defects.
- The Seller provides for the possibility of personal collection of the Goods by the Customer at the Seller's Point of Sale. The collection of the ordered Goods will be possible by the Customer or a person authorized by the Customer (the authorization must be in writing), at the Seller's Point of Sale, after prior agreement and confirmation of the date by the administration of the Store by e-mail or telephone.
§ 7. Right of withdrawal from the sales contract.
- The Consumer and the Customer on the basis of Article 27 of the Consumer Law has the right to withdraw from the contract concluded remotely within 14 days, without giving any reason and without incurring costs, except for the costs referred to in Article 33, Article 34 of the Consumer Law.
- In order to exercise the right of withdrawal from the Sales Agreement, the Customer is obliged to inform the Seller of his decision to withdraw from the Sales Agreement by an unequivocal statement (for example, a letter sent by post, fax or e-mail).
- The declaration of withdrawal from the Contract may be submitted by the Consumer on the form, the template of which is attached as Appendix No. 2 to the Consumer Law or in another form in accordance with the Consumer Law.
- In the event of withdrawal from the Sales Contract, the Seller shall immediately, and in any case no later than 14 days from the date of effective withdrawal from the Sales Contract, return to the Customer all payments received from the Customer, including the costs of delivery of the Goods (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest standard method of delivery offered by us).
- In the event of cancellation, the contract shall be deemed not to have been concluded.
- Reimbursement of payment will be made using the same means of payment used by the Customer in the original transaction, unless the Customer expressly agrees otherwise; in any event, the Customer shall not incur any charges in connection with the return of the Goods.
- The Seller reserves the right to withhold reimbursement until it has received the Goods or until it has provided the Seller with proof of return, whichever event occurs first.
- In the event of withdrawal from the Sales Contract, the Customer shall be obliged to return the Goods immediately, and in any case no later than 14 days from the effective withdrawal from the Sales Contract.
- The Consumer shall send back the items that are the subject of the contract from which he has withdrawn at his own expense and risk.
- The consumer shall not bear the costs of supplying digital content which is not recorded on a tangible medium if the consumer has not consented to the performance before the expiry of the deadline for withdrawal or has not been informed of the loss of his right of withdrawal at the time of giving such consent or the trader has not provided confirmation in accordance with Articles 15 (1) and 21 (1) of the Consumer Law.
- The consumer shall be liable for any diminution in the value of the thing which is the subject of the contract and which is the result of using it in a manner which goes beyond what is necessary to establish the nature, characteristics and functioning of the thing.
- The consumer shall not have the right to withdraw from a contract:
- in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the deadline for withdrawal;
- in which the object of the performance is a non-refabricated item produced to the consumer's specifications or intended to meet the consumer's individual needs;
- where the object of the performance is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons, if the packaging has been opened after delivery;
- in which the subject of the performance is an item which, after delivery, by its very nature becomes inseparable from other items.
§8 Goods not in conformity with the contract
Complaint by the Consumer and the Customer on the rights of the Consumer
- To the extent not regulated in this paragraph, the provisions of the Consumer Rights Act shall apply to Contracts concluded between the Seller and the Consumer or the Customer on the rights of the Consumer.
- The Goods are in conformity with the Contract if, in particular, their:
- its description, type, quantity, quality, completeness and functionality;
- its suitability for the specific purpose for which it is needed by the Consumer or the Customer on the rights of the Consumer, which the Consumer or the Customer on the rights of the Consumer, notified the Seller at the latest at the time of the conclusion of the contract and which the Seller accepted.
- In addition, for the Goods to be deemed to be in conformity with the contract, they must:
- be fit for the purposes for which Goods of that kind are normally used, taking into account applicable law, technical standards or good practice;
- appear in such quantity and have such characteristics, including durability and safety, as are typical of Goods of that kind and which the Consumer or Customer on the rights of the Consumer may reasonably expect, taking into account their nature and the public assurance made by the Seller, its predecessors in title or persons acting on their behalf, in particular in advertising or on labelling, unless the Seller demonstrates that:
- he was not aware of the public assurance in question and, judging reasonably, could not have been aware of it;
- prior to the conclusion of the contract the public assurance was rectified in the terms and form in which the public assurance was given, or in a comparable manner;
- the public assurance did not influence the decision of the Consumer or Customer at law to conclude the contract;
- be supplied with packaging, accessories and instructions which the Consumer or Customer with consumer rights may reasonably be expected to provide;
- be of the same quality as the sample or design which the Seller has made available to the Consumer or the Customer on the rights of the consumer prior to the conclusion of the contract and correspond to the description of such sample or such design.
- The Seller shall not be liable for the lack of conformity of the Goods with the contract to the extent referred to in this paragraph if the Consumer or the Customer on the rights of the Consumer, at the latest at the time of conclusion of the contract, has been expressly informed that a specific characteristic of the Goods deviates from the requirements of conformity with the contract and has expressly and separately accepted the lack of a specific characteristic of the Goods.
- The Seller shall be liable for the lack of conformity of the thing with the contract existing at the time of its delivery and disclosed within two years after delivery.
- If the thing is not in conformity with the contract, the Consumer or the Customer on the rights of the Consumer may demand its repair or replacement.
- The Seller may make a replacement when the Consumer or Customer on the rights of the Consumer demands a repair, or the Seller may make a repair when the Consumer or Customer on the rights of the Consumer demands a replacement, if bringing the thing into conformity with the contract in the way chosen by the Consumer or Customer on the rights of the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the thing into conformity with the contract.
- In assessing the excessive cost to the Seller, all the circumstances of the case shall be taken into account, in particular the significance of non-conformity of the item with the contract, the value of the item in conformity with the contract and the excessive inconvenience to the Consumer or the Customer on the rights of the Consumer resulting from the change in the manner of bringing the item into conformity with the contract.
- The Seller shall carry out repair or replacement within a reasonable time from the moment the Seller is informed by the Consumer or the Customer on the rights of the Consumer of the lack of conformity with the contract and without undue inconvenience for the Consumer or the Customer on the rights of the Consumer, taking into account the specific nature of the thing and the purpose for which the Consumer or the Customer on the rights of the Consumer purchased it.
- The Consumer or Customer on consumer rights shall deliver the Goods to be repaired or replaced to the Seller at the complaint address.
- If the Goods are not in conformity with the contract, the Consumer or the Customer on the rights of the Consumer may make a declaration to reduce the price or withdraw from the contract when:
- The Seller has refused to bring the thing into conformity with the contract on the principles established above;
- the Seller has failed to bring the thing into conformity with the contract on the principles specified above,
- the lack of conformity of the goods with the agreement continues even though the Seller has tried to bring the goods into conformity with the agreement,
- the lack of conformity of the thing with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without prior use of the remedies specified above;
- it is evident from the Seller’s statement or circumstances that he will not bring the thing into conformity with the contract within a reasonable time or without undue inconvenience for the Consumer or the Customer on the rights of the Consumer.
- The reduced price must remain in such proportion to the price under the contract as the value of the Goods not in conformity with the contract remains to the value of the thing in conformity with the contract.
- The Seller shall be obliged to respond to the complaint of the Consumer or the Customer on the rights of the Consumer within 14 days of its receipt.
- The Consumer or Customer on consumer rights may not withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant.
- If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or the Customer with consumer rights may withdraw from the contract only with respect to those items.
- In the event of withdrawal from the contract, the Consumer or the Customer on the rights of the consumer shall immediately return the item to the Seller. The Seller shall return the price to the Consumer or the Customer on the rights of the consumer immediately, no later than within 14 days from the day of receipt of the thing.
- The Seller shall refund the price using the same method of payment used by the Consumer or the Customer on the rights of the Consumer.
§ 9 Protection of personal data.
- The administrator of personal data collected via the Online Shop is the Seller.
§ 10 Customer guarantee
On the basis of Article 558 § 1, second sentence, of the Civil Code, the seller completely disclaims any liability to customers for physical and legal defects (warranty) to the extent permitted by law.
§ 11 Dispute resolution and final provisions.
- The Seller's liability towards the Customer on account of non-performance or undue performance by the Seller of the Contract concluded with that Customer shall be limited to the sum of the price paid by the Customer and the costs paid by the Customer for delivering the goods. The above limitation applies to actual damage as well as lost profits.
- The Customer, who is a consumer, may, if he/she is interested, make use of out-of-court ways of dealing with complaints and claims. Disputes concerning online shopping may be resolved through mediation proceedings before the Provincial Inspectors of Trade Inspection or arbitration proceedings at the Provincial Inspectorate of Trade Inspection. Consumers can also use other methods of out-of-court dispute resolution and, for example, submit their complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.
- If the Consumer is not interested in the possibility to use out-of-court dispute resolution, the settlement of any disputes arising between the Seller and the Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
- Settlement of any disputes arising between the Seller and a Customer who is not a Consumer at the same time will be subject to the competent court for the seat of the Seller.
- In matters not covered by these Terms and Conditions, the provisions of the Civil Code, the provisions of the Act on provision of electronic services and other relevant provisions of Polish law shall apply.
§ 12. Seller's contact details.
In all matters related to making transactions in the Store, the Customer may contact the Seller as follows:
- by letter or in person at the following address: Obywatelska Street No. 108, Łódź (94-104);
- via e-mail: email@example.com;
- by telephone: +48 539 294 801