1. These are regulations drawn up pursuant to Art. 8 of the Act dated 18 July 2002 on the provision of online services (Journal of Laws of 2002, No. 144, item 1204 with subsequent amendments).
2. These regulations stipulate the principles on which Clients can use the services of permanentnywarszawa.pl Online Store available under http://sklep.permanentnywarszawa.pl.
3. sklep.permanentnywarszawa.pl online store is operated by Magdalena Bogulak who is carrying out her business activity under the name Igmar, incorporated in Warsaw, address: 04-216 Warsaw, Biskupia St. 48 app.34, maintained by the President of the capital city of Warsaw, tax identification number NIP 113-094-37-00, (hereinafter referred to as the “Seller” or the “Party”).
4. The terms used herein will have the following meaning:
a) Business Client (Party) – a natural or a legal person, or an organizational unit which is not a legal person, having a legal capacity under the law and maintaining a business or a professional activity on its own behalf and using for this purpose sklep.permanentnywarszawa.pl online store, which involves among others the purchase of Good(s);
b) sklep.permanentnywarszawa.pl online store – an internet service available under http://sklep.permanentnywarszawa.pl, by means of which Business Clients can purchase Good(s);
c) Goods – products presented in sklep.permanentnywarszawa.pl online store in order to invite Business Clients to conclude an agreement in the meaning of Art. 71 of the Civil Code.
d) Registration – a one-off activity involving an Account being set up by Business Clients, executed by means of an administration panel made available by the Seller on the website of sklep.permanentnywarszawa.pl online store;
e) Account (Business Client Account) – a website of sklep.permanentnywarszawa.pl online store by means of which Business Clients can place their orders;
f) Login (Business Client Login) – a string of alphanumeric characters providing access to the Account and securing the Account from access of third parties, set up independently by Business Clients in the course of registration;
g) Password – a string of alphanumeric characters necessary for authorization when accessing the Account and securing the Account from access of third parties, set up independently by Business Clients in the course of registration;
h) Order – a declaration of will by Business Clients aimed directly at concluding an agreement to sell/purchase Good(s), specifying among others the type and amount of the Good(s) ordered.
i) Force Majeure – an external incident, independent of the Seller and Business Client, which is unexpected and impossible to avoid or prevent, including among others strikes, wars, riots, social unrest;
j) Civil code – an Act entitled Civil Code dated 23 April 1964 (Journal of Laws of 1964, No. 16, item 93 with subsequent amendments);
k) Act on data – an Act dated 29 August 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926);
5. Business Clients can use sklep.permanentnywarszawa.pl online store provided that they acquainted themselves with these regulations and accepted the provisions hereof, which is effected by means of clicking a respective button appearing in the course of making an Order in sklep.permanentnywarszawa.pl online store by Business Clients who are purchasing Good(s) after Registration. Business Clients are obliged to observe the provisions hereof.
6. Business Clients can access and print these Regulations at any time by means of a link available on the homepage of sklep.permanentnywarszawa.pl.
7. The information about Good(s) provided in sklep.permanentnywarszawa.pl online store, in particular their description, technical and usage parameters, as well as prices construe an invitation to conclude an agreement in the meaning of Art. 71 of the Civil Code.
1. In order to use sklep.permanentnywarszawa.pl online store Business Clients should on their own gain access to an IT system that meets at least the following minimum technical requirements:
a) Internet Explorer version 7.0 or newer;
b) Mozilla Firefox version 2.0 or newer;
c) minimum screen resolution 800x600 picsels.
2. Business Clients can use sklep.permanentnywarszawa.pl online store provided that they Register by means of filling in respective fields of a registration form and clicking a respective button.
3. After completing the activities referred to in §2.2 above, Business Client will be sent an e-mail to the address specified in the registration form, containing:
a) login details: Login and Password by means of which Business Client will be able to order Good(s) in sklep.permanentnywarszawa.pl online store.
b) an instruction to activate the Account and description of the way to do it.
4. If a Business Client does not receive the e-mail referred to in §2.3 above within 24 hours from the moment of registration, they should contact the Seller under shop@permanentnywarszawa.pl or call 22 6291408 (Monday through Friday from 9 A.M. to 4 P.M.)
5. Business Clients can at any time delete their Account in sklep.permanentnywarszawa.pl online store by means of sending an e-mail to the Seller’s address shop@permanentnywarszawa.pl with the following content:
a) name and surname of Business Client, domicile, Login, Password,
b) „PLEASE DELETE MY ACCOUNT FROM THE STORE”.
In order to conclude an agreement to sell/purchase goods via sklep.permanentnywarszawa.pl online store, registered Business Clients should:
a) log in to their Account in sklep.permanentnywarszawa.pl online store, which is effected by means of entering Login and Password in respective fields of the administration panel made available by the Seller on the website of sklep.permanentnywarszawa.pl online store.
b) choose the Good(s) available in sklep.permanentnywarszawa.pl online store,
c) place an Order in electronic form by making subsequent technical steps, based on the messages and information visible on the screen.
2. Placement of an Order referred to in §3.1 c) above construes a declaration of will to conclude an agreement to sell/purchase Good(s) with the Seller.
3. After placing the Order referred to in §3.1 c) Business Clients will receive an e-mail within 24 hours from the moment the Order was received by sklep.permanentnywarszawa.pl online store, with the title “Buyer’s order confirmation”, which is a confirmation that the Order was received by sklep.permanentnywarszawa.pl online store.
4. In order to confirm all relevant elements of the Order, Business Clients should follow the instructions provided in the e-mail that confirm the Order delivery to sklep.permanentnywarszawa.pl online store.
5. If the Business Client does not receive the e-mail referred to in §3.3 above within 24 h from Order placement, they should contact the Seller under shop@permanentnywarszawa.pl or call 22 6291408 (Monday through Friday, from 9 A.M. to 4 P.M).
6. Price information provided by sklep.permanentnywarszawa.pl online store is binding from the moment the Client receives an e-mail referred to in §3.3 until Order completion. After the Business Client has received an e-mail referred to in §3.3, the price will not change, regardless of price changes in sklep.permanentnywarszawa.pl online store, which may apply to individual Good(s).
7. Product Prices are quoted in PLN and comprise all components, including VAT (with a specified rate), customs tariff etc.
8. Business Clients can pay for the Good(s) with cash upon delivery/COD or by wire transfer to the Seller’s account.
9. Total price for Good(s) purchased by Business Clients should be paid within the deadline provided in the e-mail referred to in §3.3. Payment date is the date on which the Seller’s bank account is credited.
10. Delivery deadline will be confirmed in the e-mail referred to in §3.3 above, however it will not be longer than 14 working days from the e-mail date. In the event that the Business Client does not receive the ordered Good(s) within this deadline, Business Client should contact the Seller under shop@permanentnywarszawa.pl or call 22 6291408 (Monday through Friday, from 9 A.M. to 4 P.M).
11. The relevant terms and conditions of the agreement to sell/purchase Good(s) to Business Clients are recorded, secured, made available and confirmed by means of an e-mail sent to the address provided by the Business Client and by attaching a VAT invoice to the shipment containing Good(s), as well as other data required by the law.
12. When the Order is being executed by the Seller, the Business Client cannot modify the data contained in it.
13. The order will be executed provided that the Goods ordered by the Business Client are available in the Seller’s- or its vendors’ warehouse. In the event that the Goods are not available, Business Client will be immediately informed by e-mail about the cancellation of the Order due to lack of Goods and about the reimbursement of the whole payment or about the waiting time and the request to confirm under shop@permanentnywarszawa.pl or 22 6291408 (Monday through Friday, from 9 A.M. to 4 P.M.)
14. A failure to perform a nonpecuniary service due to Force Majeure does not form the basis for any damage claims or contractual penalties, unless the Party to which Force Majeure applies failed to immediately notify, when the possibility arose, the other Party about the circumstances.
15. The Seller may deliver the ordered Good(s) according to the Business Client’s choice made when placing the Order – by courier, polish post operator, own delivery of the Seller to the address of the Business Client exclusively in Warsaw upon prior arrangement by telephone. The Business Client may also collect the order personally at the Seller’s seat upon prior arrangement of the date with the Seller. Shipment costs will be provided at the stage of selecting of the delivery by Business Client during order placement.
16. When collecting the shipment with the ordered Good(s) Business Client should check the shipment to identify any:
a) mechanical damages of the shipment’s contents,
b) incompleteness of the shipment,
c) nonconformity of the contents with the Order.
The foregoing is without prejudice to Client’s claims towards the Seller pursuant to […]
19. In the event referred to in §3.16 above, Business Client, without undue delay, should:
a) fill in and sign (in two identical copies of) the claim form attached to the shipment, in the presence of a courier or representative of the polish public post operator. Specimen claim form constitutes Schedule 1 hereto
and
b) notify the Seller about the situation in order to prepare new delivery under kontakt@sklep.permanentnywarszawa.pl or 22 6291408 (Monday through Friday, from 9 A.M. to 4 P.M.).
20. Business Client is obliged:
a) not to undertake such activities as: disseminating or publishing trade information that was not ordered in sklep.permanentnywarszawa.pl online store, carry out IT activities or any other activities aimed at taking over information not destined for Business Clients;
b) to use all contents available in sklep.permanentnywarszawa.pl online store only for own use. Using the contents for any other purpose is exclusively possible upon express consent granted by an authorized person;
c) not to deliver and not to forward to the Seller or any third parties contents forbidden by the provisions of law in force in Poland.
d) to use sklep.permanentnywarszawa.pl online store in a manner conforming with the provisions of law in force in Poland, provisions hereof, as well as respective customs.
20. Pictures of Goods presented in sklep.permanentnywarszawa.pl online store are used for decorative and informative purposes only, and do not construe an offer in the meaning of the provisions of the civil code.
1. The Seller undertakes measures to ensure correct functioning of sklep.permanentnywarszawa.pl online store to the extent based on current IT knowledge, and undertakes to remove in reasonable time all irregularities reported by Business Clients.
2. Claims pertaining to the use of sklep.permanentnywarszawa.pl online store can be submitted by Business Clients within 2 months from the date of the incident to the Seller’s e-mail address: shop@permanentnywarszawa.pl or sent by post to the Seller’s address: Igmar, ul. Biskupia 48 lok.34, 04-216 Warszawa. The date of claim will be the date of delivery of electronic correspondence to the Seller containing the claim or date of postage in the Polish post outlet of a public operator (date of postmark).
3. The claim referred to in §4.2 above should contain at the least: name and surname of Business Client, domicile or correspondence address, as well as a thorough description and cause of complaint with a specified date of the cause.
4. Claims will be handled by employees or authorized Seller’s representatives within 14 working days from the date of their delivery.
1.The Seller is the administrator of personal data, in the meaning of the Act on data, belonging to Business Client who registered in sklep.permanentnywarszawa.pl online store.
2.Personal data of Business Clients are processed to run sklep.permanentnywarszawa.pl online store, and in particular to: handle the registration and login process, ensure proper functioning of sklep.permanentnywarszawa.pl online store, as well as to conclude and execute the agreement to sell/purchase Good(s), which involves Good(s) delivery and claims handling.
3.The Seller reserves the right to disclose selected information pertaining to Business Client to competent authorities which request such information, pursuant to the provisions of the law in force in Poland. Besides cases referred to in the previous sentence, information pertaining to Business Client will not be disclosed to any third party without consent of the Business Client.
4.Data concerning the Business Client, including personal data, will be stored for no longer than is necessary in connection with the use of sklep.permanentnywarszawa.pl online store and the execution of the agreement to sell/purchase Good(s), and will then be removed from the Seller’s system.
5.Business Clients have the right to access, correct and amend their personal data, as well as the right to request the Seller in writing that data processing be stopped and the data deleted. In the event that data are removed, which were necessary to use individual resources of sklep.permanentnywarszawa.pl online store and the services offered there, Business Clients lose the possibility of using them.
6.If Business Clients place any personal data of other persons (including their name and surname, address, telephone number or e-mail address) on the websites of sklep.permanentnywarszawa.pl online store, they are authorized to do so, provided that they are not violating the provisions of law in force in Poland or the personal property of those persons.
7. In order to prevent unauthorized persons from obtaining and modifying personal data of Business Clients sent electronically, the Seller makes available the following technical means: data encryption, firewall protection, use of anti-virus programs, regular password changes.
1. The Seller is not liable for technical problems or technical limitations of computer hardware, IT systems and telecommunication infrastructure used by Business Clients, which preclude them from correct usage of sklep.permanentnywarszawa.pl online store.
2.The Seller is not liable for:
a)loss of data by Business Client, caused by hardware- or system failure, or by any other circumstances independent of the Seller,
b)data transfer speed and the related limitations resulting from circumstances of technical, technological and infrastructural nature.
3.The Seller has the right to periodically suspend the sales of Goods in sklep.permanentnywarszawa.pl online store due to maintenance work.
1.All disputes arising from the use of sklep.permanentnywarszawa.pl online store will be solved by common courts having their jurisdiction for the domicile or seat of the defendant.
2.These regulations enter into force on 01.01.2014.
3.The Seller reserves the right to change the provisions of these Regulations. All changes of the Regulations which entered into force in the course of execution of an Order placed by Business Client are not binding for the Business Client.