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Store Rules and Regulations

 

These Regulations determine the principles of making purchases from Internet store operating at the following address: www.exito.sklep.pl, operated by the Seller.

The Seller is Dariusz Światłoń, conducting one-person business activity under the business name “Dariusz Światłoń Exito”, entered in the Business Activity Central Register and Information Record, holding VAT Reg. No. (NIP): 945-186-90-58 and State Statistical No. (REGON) 120218051.

Contacting the Seller is possible at the following address: ul. Gersona 28, 30-818 Kraków, Poland, tel. No. +48 12 657 00 30 (Monday - Friday 11.00 a.m. - 6.00 p.m., Saturday 9.00 a.m. - 1.00 p.m.), e-mail address: sztab@exito.sklep.pl

 1 Definitions

Regulations: these regulations laying down the terms of making purchases from the Internet store, operating at the following address: www.exito.sklep.pl.

Store: a website available at the following address: www.exito.sklep.pl, which the Client can use to place an Order.

Client: a natural person, a legal person or an organisational unit without legal personality which places Orders in the Store upon terms specified herein.

Consumer: a Client who is a natural person, using the Store for a purpose not directly related to his/ her business activity.

Order: the Client’s statement of will determining the type and the number of Goods which the Client wishes to purchase, directly aimed at conclusion of a Sales Agreement.

Goods: movables presented in the Store to which the Sale Agreement refers.

 Sales Agreement: sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Client via the Internet store.

 2 General Terms

  1. These Regulations determine the terms of using the Store and constitute an integral part of the Sales Agreement concluded between the Buyer and the Seller.
  2. The Store conducts retail sale of Goods, presented on the Store's website, via the Internet.
  3. The Store may organise promotional sale of Goods and offer discounts; relevant information is to be provided on the Store's website.
  4. The condition of using the Store is access to an active e-mail account and a device connected to the Internet, equipped with one of the following Internet browsers: Google Chrome, Mozilla Firefox, Internet Explorer, Opera, updated to the newest version.
  5. Placing an Order in the Store by the Client requires prior reading of these Regulations and accepting them before commencing the Order processing.
  6. All Goods offered in the Store are brand new and factory-packaged.
  7. Models offered by the Seller are sold without assembly materials, in particular such as: glue, paint or tools, as well as supports and stands used for their presentation, unless specified otherwise.
  8. The Seller offers the Clients a Newsletter Subscription Service provided on terms and conditions specified separately and available HERE.

 3 Order Placement

  1. All prices of Goods in the Polish version of the Store are provided in Polish zlotys and include VAT.
  2. Orders from Clients are accepted via the Store’s website www.exito.sklep.pl.
  3. Orders may be placed via the Store’s website 24 hours a day, 7 days a week, all year round.
  4. Purchases in the Store can be made after the Client has registered at the Store's website and has set up a Client account, or without registration.
  5. During registration, for the purpose of setting up the Client's account, it is necessary to provide contact data specified in the form, including login, password, first name, family name, address, telephone number and e-mail address. Provision of data is voluntary, yet necessary for Order processing.
  6. To purchase the Goods without prior registration and setting up Client's account, it is necessary to provide: first name, family name, address, telephone number and e-mail address. Provision of data is voluntary, yet necessary for Order processing.
  7. The Order placement process is as follows: The Client selects the Goods, adds them to the “Basket”, chooses the form of payment and delivery, approves the selection by clicking the “Order” button and then provides address data for dispatch, as well as, in the case of a parcel station as the form of delivery, chooses the parcel station and accepts the terms of such service, verifies the provided data in the Order “Summary” and accepts these Regulations and, eventually, accepts the Order. Placing an Order takes place by clicking the button “Confirm Purchase.”
  8. At the moment of placing the Order (clicking the button “Confirm Purchase”), a Sales Agreement is concluded between the Buyer and the Seller with respect to the Goods covered by the Order.
  9. After effective placement of the Order, the Client receives an automatic confirmation of Order receipt from the Store, in the form of an e-mail.
  10. The commencement of Order processing is calculated as of the moment of receipt of payment for ordered Goods at the Seller’s bank account, provided in the Order confirmation or as of the moment of choosing the “COD” option (only for Poland).

 4. Order Processing

 The total time of Order processing encompasses the preparation of Goods for dispatch by the Seller and the time of delivery declared by the postal operator/ courier services. Deadlines for dispatch of Goods are provided HERE. Declared delivery times of operators are provided HERE.

  1. Bearing in mind the deadlines referred to in section 1, ordered Goods are prepared for dispatch within 48 hours (excluding Saturdays, Sundays and days statutorily free from work) from the date when payment was credited on the Seller's bank account or, in case of COD (only for Poland), within 48 hours from placing the Order. The Store informs the Client about the compilation of the Order via e-mail.
  2. In the case of certain Goods, the time for compilation may be longer than specified in section 2. In such case, the Store informs the Client about the Order processing deadline immediately after determining the time necessary for preparation of the Order, however not later than within 48 hours (excluding Saturdays, Sundays and days statutorily free from work) from the date when payment was credited on the Seller's bank account or, in case of COD (only for Poland), within 48 hours from placing the Order. If the period of preparing an Order for dispatch is longer than originally notified by the Store in the e-mail about the processing deadline, the Client has a right to withdraw from the Sales Agreement.
  3. Should it turn out that Goods ordered by the Client are not available due to causes not attributable to the Store, the Store shall inform the Client about it immediately, indicating the forecast date of Order processing. In such situation, in case of lack of acceptance for the provided deadline or if the Goods are permanently out of stock and not even approximate availability date is known, the Client has a right to withdraw from the Sales Agreement.
  4. The Store shall immediately reimburse the Client who withdraws from the Sales Agreement for any payments that were made, however not later than within 7 days from receipt of the Client’s declaration on withdrawal from the Sales Agreement.
  5. A limited number of Goods is assigned for promotional sale or discount sale and processing of such Orders takes place according to the sequence of receipt of confirmed Orders for such Goods, until the stock subject to this form of sale has been exhausted.
  6. Excluding personal collection of Goods in the brick and mortar store, Goods are sent to the address specified in the Order form.
  7. The shipment containing the Goods also includes a cash register receipt or a VAT invoice - the Client, when placing the Order, may opt for a VAT invoice.

 5 Costs of Dispatch. Payment

 The amount of payment which the Buyer is required to settle includes the value of ordered Goods and the cost of dispatch to the country of destination chosen by the Client.

  1. The Client may choose the following forms of payment for the ordered Goods:

- bank transfer to the Store's account;

- COD (only for the territory of Poland);

- PayPal system (here credit card payment is possible).

  1. The cost of dispatch depends on the mode of payment and the mode of delivery.
  2. Forms and current prices of Goods delivery are available HERE or in case of foreign customers can be seen after adding Goods to the Basket.
  3. After prior arrangement with the Store, it is possible to collect the ordered Goods personally in the brick and mortar store at the following address: ul. Gersona 28, 30-818 Kraków, Poland. Personal collection is free from any charges for delivery of the Goods. The collection is possible after the Client receives an e-mail with information that the Goods are ready for collection.
  4. The deadline for settling payment for the ordered Goods amounts to 14 days from the moment when compilation of Order was confirmed. The exception is a situation when the Client chooses COD or personal collection option - in such case, payment is made at the moment of collection.

 6. Complaints

 The Store shall provide the Clients with Goods free of defects.

  1. The basis and the scope of liability of the Store, if the sold Goods have physical or legal defects (statutory warranty), are determined in the commonly applicable legal provisions, in particular the Polish Civil Code.
  2. If the Goods are defective, the Client - independently from exercising rights under the statutory warranty - may use the manufacturer’s guarantee upon principles specified by the manufacturer, if such guarantee was given. Claims addressed to the manufacturers under the guarantee may be lodged via the Store, using the communication channels specified in section 5 below.
  3. If the Goods have physical or legal defects, the Client shall have a right to lodge a complaint within 2 (two) years from the date of issue of the Goods.
  4. The Client may lodge the complaint in the following manner:

- in writing to the following address: ul. Gersona 28, 30-818 Kraków, Poland.

- via e-mail to the address: sztab@exito.sklep.pl.

- personally at the following address: ul. Gersona 28, 30-818 Kraków, Poland.

  1. It is recommended that the Client provides the following information in the complaint description: (1) specification of the subject matter of the complaint (Goods) and causes for lodging the complaint, in particular the type and the date of defect occurrence; (2) formulation of the preferred mode of making the Goods compliant with the Sales Agreement by the Seller (repair or replacement of the Goods for Goods free from defects) or declaration on reduction of price or declaration on withdrawal from the Sales Agreement; and (3) contact data of the person lodging the complaint - this will facilitate and streamline the complaint examination process by the Store.
  2. The Store shall prepare a response to the complaint lodged by the Client within 30 days from the date of receipt of the complaint. Absence of a response within the above-stipulated deadline is to be deemed acknowledgement of the complaint. A response to the complaint is to be provided by the Store to the Client in a written form or via e-mail, i.e. in line with the data made available by the Client during the complaint filing process.
  3. If delivery or making the Goods is necessary for the Store’s examination of the complaint or for exercise of the Client’s rights resulting from the statutory warranty, the Client will be requested to deliver the Goods at the cost of the Store to the following address: ul. Gersona 28, 30-818 Kraków, Poland, or making them available in a place where the Goods are located.

 7. Right to Withdraw from Sales Agreement

  1. A Client who is a Consumer may, within 14 calendar days, withdraw from the Sales Agreement without specifying any reason therefor. Sending the declaration on withdrawal before the lapse of the above deadline shall be sufficient to observe for deadline observance. Declaration on withdrawal from the Sales Agreement may be filed:

- in writing to the following address: ul. Gersona 28, 30-818 Kraków, Poland.

- via e-mail to the address: sztab@exito.sklep.pl.

- personally at the following address: ul. Gersona 28, 30-818 Kraków, Poland.

  1. A sample form of Sales Agreement withdrawal form is contained in Appendix No. 2 to the Act on Consumer Rights of 30 May 2014, Journal of Laws [Dz.U.] of 2014 item 827) and is additionally available HERE.
  2. If a Client who is a Consumer files a declaration via e-mail, the Store shall immediately send a confirmation of receiving the declaration on withdrawal in written form or via e-mail.
  3. The running of the deadline for withdrawal from the Sales Agreement starts at the moment when the Client who is a Consumer, or a third party designated by the Client who is a Consumer, other than the carrier, takes possession of the Goods.
  4. In case of withdrawal from the Sales Agreement, it is deemed that the Agreement was not concluded. The Store shall immediately, yet not later than within 14 calendar days from the date of receipt of a declaration on withdrawal from the Sales Agreement, return to the Client any payments made by him/ her, including costs of delivery of the Goods (excluding additional costs, resulting from selection by the Client who is a Consumer a mode of delivery different than the ordinary mode of delivery available in the Store).
  5. The Store returns payments using the same mode of payment as used by the Client who is a Consumer, unless the Client explicitly agreed for another mode of return. If the Store did not offer to collect the Goods from the Client, it may suspend the return of payments received from the Client who is a Consumer until receipt of the Goods, or until delivery by the Client of evidence for sending the Goods back, depending on which of the events above takes place earlier.
  6. The Client shall immediately, not later than within 14 calendar days from the date on which he/ she withdrew from the Sales Agreement, return the Goods to the Store, unless the Store offered to collect the Goods. Sending the Goods back before the lapse of the above deadline shall be sufficient for deadline observance. The Consumer may return the Goods:

- by sending them to the following address: ul. Gersona 28, 30-818 Kraków, Poland.

- personally at the following address: ul. Gersona 28, 30-818 Kraków, Poland.

  1. The Client is liable for decrease in the value of Goods which results from the use of Goods in a manner exceeding the necessary use to acknowledge the nature, features and operation of the Goods.
  2. The Client who is a Consumer bears direct costs of return of Goods.

 8. Personal Data Protection

Cookies Policy

 The Data Controller of data that are made available by the Store Clients is the Seller.

  1. Personal data are used to perform the Sales Agreement and, in case the Client expresses relevant consent, such data are also used for marketing purposes of the Seller's products and services upon terms specified in the content of the Client’s consent for making such data available.
  2. Provision of personal data by the Clients is voluntary.
  3. The Clients have a right to access their personal data, right to request rectification of data, restriction of data processing, transfer data, as well as right to have the provided personal data removed immediately.
  4. The Seller uses cookies, i.e. small text files stored on the Buyer's end device (e.g. computer, tablet, smart phone). Terms governing the use of cookies are available HERE.

 9. Changes in Regulations

  1. These Regulations shall be binding as of 29 May 2018.
  2. The Store reserves the right to change these Regulations. In such case, Sales Agreements concluded before changes in the Regulations shall be governed by the version of the Regulations binding on the date of on which the Buyer placed the Order.
  3. Clients who have registered accounts in the Store will be informed about changes in the Regulations via e-mail.
  4. If, during the time that elapsed between the Client's last logging in, referred to in section 3, changes in the Regulations were introduced, the Client shall express a declaration on acceptance or rejection of the new Regulations. In case of lack of acceptance for changed Regulations, making purchases in the Store with the use of the current Client's account will no longer be possible.

 10. Final Provisions

  1. The law governing the Sales Agreement is the Polish law.
  2. Issues not included in these Regulations are governed by the commonly applicable legal provisions, in particular provisions of the Act on Consumer Rights 30 May 2014 (Journal of Laws [Dz.U.] No. 2014 item 827).
  3. Disputes resulting from performance of the Sales Agreement and application of these Regulations shall be examined by a court having competent subject matter and local jurisdiction in line with the provisions of the Civil Procedure Code of 17 November 1964 (Journal of Laws [Dz.U.] No. 43, item 296 as amended).
  4. A Client who is Consumer has a right to use out-of-court modes of examining complaints and seeking claims. Inter alia, the Client who is a Consumer may:

a) apply to the permanent arbitration court to settle a dispute resulting from the concluded Sales Agreement;

b) use the assistance of poviat (municipal) representative for consumer rights or a social organisation the statutory tasks of which include protection of consumers.

5. The Consumer may find detailed information about out-of-court modes of examining complaints and seeking claims on the website: www.uokik.gov.pl.

6. To settle a dispute resulting from provision of the Sales Agreement, the Consumer may also use the ODR platform available at the following address: www.ec.europa.eu/consumer/odr. The ODR platform is used to settle disputes between consumers and entrepreneurs aiming for out-of-court dispute settlement with respect to contractual obligations resulting from an Internet sale agreement or an agreement on provision of services.

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