Terms of service
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- §1 Basic definitions
- §2 General provisions
- §3 Terms and conditions of service
- §4 Terms and conditions
- §5 Order execution
- §6 Delivery
- §7 Payment methods
- §8 Warranty
- §9 Withdrawal
- §10 Complaint procedure
- §11 Liability
- §12 Out-of-court ways of dealing with complaints and claim investigation
- §13 Provisions concerning entrepreneurs
- §14 Warranty
- §15 Final provisions
Introduction
Dear Customer these Regulations regulate the way of concluding sales contracts through the above-mentioned website, the rules of execution of these contracts including delivery, the rights and obligations arising from the applicable law and the mode of withdrawal from the contract and the complaint procedure. The Regulations consist of four main parts:
- in § 1 to 3 - are the general provisions of these Regulations;
- in § to 4 to 7 - the process of acquiring the Goods/Services was described;
- § 8 to 12 - contains regulations related to the determination of defects in the Goods/Services as well as the right to withdraw from the contract;
- § 13 to 15 - contains all other regulations.
§1 Basic definitions
- Online store - http://www.pastform.com
- Seller - ASKO SP. Z O.O based in Dąbrówka, at ul Parkowa 3 hall number 4, 62-069 Dąbrówka, entered in the register of entrepreneurs kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, VII Economic Department of the National Court Register under the number: 0000908548, share capital 490 000,00 zł
- NIP: 9720804286, KRS: 0000908548, tel: +48603529118
- Vendor's address - whenever in the Regulations the address of the Vendor is mentioned, it is understood as the following:
- Headquarters: 3 Parkowa Street hall number 4, 62-069 Dąbrówka
- email address: hello@pastform.pl
- Customer - a natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity, a legal person or an organizational unit without legal personality, to which the law grants legal capacity, who has concluded or intends to conclude a sales contract.
- Consumer - Article 22(1) ofthe Civil Code: a natural person making a legal transaction with the Seller that is not directly related to his economic or professional activity.
- Contract concluded at a distance - means a contract concluded between the Seller of the Online Store and the Consumer under the organized procedure of the system of contract conclusion at a distance, without the participation of both parties to the contract at one place and time, concluded by means of one or more means necessary for remote communication up to and including the conclusion of the contract.
- Service - a service provided electronically by the Service Provider (Seller) to the Customer (Client) through this Online Store.
- Contract of sale - a contract of sale of a Product placed on the website of the aforementioned Online Store concluded or entered into between the Customer and the Seller through the Online Store.
- Goods - Product, a movable thing that the Customer purchases through the Online Store, i.e. Quality Furniture, made only at the time of order, also we make furniture on special order.
- Shopping cart - a place where the Customer indicates the essential elements for further ordering, such as the quantity of Goods, delivery address, method of delivery, method of payment, invoice details and possibly other information, as long as their provision is necessary for the proper execution of the order.
- Order - a declaration of will of the Customer, made via the Online Store, specifying: the type and quantity of Goods in the assortment of the Online Store at the time of placing the order, the method of payment, the method of delivery of the Goods, the place of delivery of the Goods and the Customer's data.
- Promotion/discount - an individual, amount or percentage discount for the Customer granted for the purchase of a given product or a given group of products found in the Online Store.
- Order Form - an electronic service, a form on an electronic medium available in the Online Store, which allows you to place and execute an Order, including by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
- Order processing time - the time it takes for an order placed by a Customer of the Online Store to be completed, packed, sealed by the Seller and forwarded for delivery by the delivery method selected by the Customer.
- Business day - one day from Monday to Friday excluding public holidays.
- Newsletter - a marketing service provided by the Service Provider (Seller) via e-mail, using e-mail addresses, which allows Service Recipients (Clients) to automatically receive from the Service Provider advertising content of the Online Store Products, including information about promotions, news and subsequent editions of the Online Store newsletter.
- Law on Consumer Rights, Law - Law of May 30, 2014 on Consumer Rights (Journal of Laws of 2014 item 827 as amended).
§2 General provisions
- The Seller hereby declares that it undertakes to provide the services that are the subject of the activity of the Online Store to the Customer in a reliable manner and in accordance with applicable laws, rules of social coexistence and in the manner regulated in these Regulations.
- The Seller declares that it complies with all required rules for the protection of Customers' personal data as stipulated, inter alia, by the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of EU Council Regulation 2016/679 (dated April 27, 2016, Official Journal of the EU.L. No. 119). The Customer agrees to the collection, storage and processing of personal data by the Seller only for the purpose directly related to the realization of the Service/good ordered from the Online Store. Detailed terms and conditions for the collection, processing and protection of personal data by the Seller are specified in the "Privacy Policy" of the Online Store.
- When placing orders in the Store, the Customer has the opportunity to read the Rules and Regulations, accepting their content by marking the appropriate box in the form. Acceptance of the Terms and Conditions is necessary to complete the order. We would like to inform you that conclusion of the Sales Agreement via the Internet and acceptance of the Regulations entails the obligation to pay for the ordered Goods.
- The data controller shall apply appropriate technical and organizational measures to ensure the protection of personal data authoritative to the risks and categories of data to be protected. First of all, it protects data from being accessed, taken, processed, lost, altered, damaged or destroyed by unauthorized persons. The detailed scope of protection is regulated in accordance with the requirements in the Personal Data Protection Policy (security policy, personal data protection regulations, IT system management instruction).
- The administrator of your personal data is ASKO Sp. z o.o. Parkowa street 3 hall number 4 Dąbrówka. NIP: 9720804286, e-mail: hello@pastform.pl , tel: +48603529118.
- Every person whose data is processed has the right to:
- Supervise and control the processing of personal data for which the vendor maintains a customer data file of the aforementioned store;
- obtain comprehensive information on whether such a collection exists and is maintained by the vendor;
- to determine who the data controller is, to determine its address, headquarters, name, in a situation where the controller is an individual to determine his name and place of residence;
- obtain information about the purpose, scope, manner, time of processing of the data contained in such collection;
- obtain information in a commonly understood form of the content of such data;
- to know the source from which the data to which it pertains originated, unless the data controller is obliged to keep classified information or professional secrecy in this regard;
- demand that personal data be supplemented, updated, rectified, temporarily suspended or deleted if it is incomplete, outdated, untrue or was collected in violation of the law or is no longer necessary for the purpose for which it was collected.
- The customer, in accordance with Section 6, has the right to inspect the contents of the processed personal data, to correct them, as well as to request the deletion of such data. The controller of personal data is obliged, to supplement, update, correct the data, temporarily or permanently suspend the processing or delete them from the collection on an ongoing basis and immediately after the request, unless the request concerns personal data, as to which the procedure for supplementing, updating or correcting them is determined by separate provisions of law including the Act.
- In the process of finalizing the order, the Customer agrees to the collection and processing of personal data by the Seller within the meaning of the Act of May 10, 2018 on the protection of personal data and in accordance with the provisions of the EU Council Regulation 2016/679 (dated April 27, 2016, Official Journal of the EU.L. No. 119). Data may be transferred to another entity only in situations legally required or necessary for the execution of the order placed.
- The Customer may agree to receive advertising and commercial information from the Seller electronically by subscribing to the NEWSLETTER.
- The customer undertakes to use the Online Store in accordance with applicable laws and rules of social intercourse.
- The customer using the Seller's services implemented through the online store is obliged to comply with these Regulations to the extent that is necessary to carry out the order placed and is not contrary to applicable law and the principles of social coexistence.
- The Seller of the Online Store declares that the Goods available and sold in its Online Store are new, used, safe and free from physical and legal defects. The Goods fully correspond to the properties that are displayed and described on the website of the Online Store.
- If the Goods have been covered by a manufacturer's warranty, the so-called warranty document in which the manufacturer assumes responsibility for the properties of the thing, the existence of which he assured (e.g.: as to functionality, durability, quality of the thing), this warranty does not exclude and does not limit in any way the Buyer's ability to exercise his rights under the warranty for defects of the Goods, both physical and legal.
- The Seller carries out orders on the territory of Poland, as well as orders placed by Consumers in Europe, and by prior arrangement of delivery terms also in other countries.
- All Goods on sale of the Online Store have been legally introduced into the Polish market in accordance with the law. Information concerning the Goods located on the website of the Online Store constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of April 23, 1964 of the Civil Code.
- All prices of Products/Goods/Services given on the website of the Online Store are given in Polish currency (Polish Zloty), are gross prices including VAT, customs duties and other components imposed by law.
- NOTE: The prices of the Goods listed on the website of the Online Store do not include delivery costs, they are added only at the stage of selection by the Customer of the method of delivery of the ordered Goods.
§3 Terms and conditions of service
- This Online Store provides services by electronic means, the condition for entering into a contract is, first of all, to fill out an online order form to conclude a sales contract. Joining the contract is voluntary.
- The contract for the provision of services is concluded electronically in the form of allowing the Customer of the Online Store to fill in the order form, the contract is concluded for a definite period of time when the Customer proceeds to fill in the form and is terminated when the completed form is withdrawn or when the completed form is sent to the Seller. The process of filling in the order form is organized in such a way that each Customer has the opportunity to get acquainted with it before deciding to conclude a contract or to amend the contract.
- The service specified in item. 1 is provided free of charge, but may require access to the Internet.
- You can place an order electronically 24 hours a day, 7 days a week.
- The customer, when finalizing the purchase in the appropriate order box, selects the option "I consent to the processing by the store of my personal data contained in the order form for the purpose and to the extent necessary for the execution of the order." - it is necessary to conclude the contract. Providing your personal data is necessary to place an order, failure to provide personal data will be tantamount to withdrawal from the conclusion of the contract.
- Pursuant to Article 8(2) of the RODO, the controller shall, taking into account available technology, make reasonable efforts to verify that the person with parental authority or custody of the child (under 16 years of age) has given or approved consent.
- Requirements necessary to use the services provided by the Seller of the Online Store :
- A device with access to the Internet,
- A web browser that supports cookies, for example:
- Internet Explorer version 8.0 or later with ActiveX, JavaScript and Cookies enabled or
- Mozilla Firefox version 22.0 or later with Java applets, JavaScript and cookies enabled or
- Google Chrome version 28.0 or later with Java applets, JavaScript and cookies enabled or
- Opera version 12.0 or later with Java applets, JavaScript and cookies enabled or
- Apple Safari 5.0 or later with Java applets, JavaScript and cookies enabled;
- Access to e-mail type.
- The Customer's costs related to Internet access and data transmission are borne solely by the Customer in accordance with the tariff of its provider with whom the Customer has signed an Internet service contract.
§4 Terms and conditions
- In order to conclude a valid and binding Contract of Sale between the parties, the Client makes a selection in accordance with the displayed offer of the Online Store, specifying the quantity of Goods he intends to purchase and, if possible, indicating the characteristics of the ordered Product and its specifications, respectively. Along with the selection of the Goods, the Client fills out an online order form, indicating in it the data necessary for the Seller to execute the order such as, for example, quantities, place of delivery and forms of payment, based on the messages displayed to the Client and the information available on the website and contained in these Regulations.
- Registration of a Customer Account in the Online Store is voluntary and free of charge.
- In the event that the Seller makes available the possibility of ordering Goods, the characteristics of which consist in the fact that they are made to the individual order of the Customer, the Customer sends, together with the online order form, the content necessary to make the Goods, i.e. text, graphics, dimensions, etc., in accordance with the technical requirements contained in the description of the Goods, or selects the appropriate specification of the Goods from the variants of available options for the configuration of the Goods given by the Seller.
- Immediately upon receipt of the order, the Seller sends the Customer, via e-mail to the e-mail address provided during the ordering process, a statement of acceptance of the order, which is also its confirmation. Upon receipt of the message by the Customer, the contract of sale is concluded.
- The message summarizing and confirming the order contains all previously agreed terms of the sales contract, in particular the quantity and type of ordered Goods, their specification in case of ordering Goods with individual characteristics specified by the Customer of the Online Store, the total price to be paid (specified in Polish zlotys) together with delivery costs and the amount of discounts granted (if applicable).
- If the Customer has more than one discount from several sources/promotions, they are subject to combining/summing only if expressly stated in the Terms and Conditions of the promotion. In the absence of a provision on how to combine different promotions/rebates, only one rebate (one promotion) may be selected for a given purchase.
§5 Order execution
- The seller reliably fulfills customer orders according to the order in which they are received - each order is a priority and very important to us!
- The delivery time for a single Customer is from 40 to 55 working days from the day the Customer sends the Order. In the case of products marked with availability 'to order', the delivery time is specified on the product page. The delivery time consists primarily of the time of preparing the order (completing and packing the order, releasing the parcel to the courier, and in selected cases making the Goods). The delivery time of the order depends on the selected method of delivery, it may vary depending on the type of transport indicated by the Customer.
- In the case of exceptional circumstances or the impossibility of completing the order within the period indicated in item. 2 date, the Seller shall immediately contact the Customer to determine the further course of action, including the establishment of another date for the execution of the order, change of the method of delivery.
§6 Delivery
- Delivery of the Goods shall be made through a courier service operator or by any other method accepted by the parties not involving excessive and unreasonable costs on the part of the Seller and the Customer.
- Ordered Goods are delivered according to the Customer's choice either directly to the Customer's address indicated in the online order placement form and confirmed by the Customer as the shipping address or collected in person at the personal collection point at the address provided during the order execution.
- Goods are always packed in a way that corresponds to their characteristics, so that they are not damaged, lost or destroyed during transport.
- The customer is kept informed of the shipping costs, they are provided when the customer fills out the online order form. The amount of shipping costs depends on the country to which the order is shipped, the number of ordered goods their weight and the method of shipment.
- Upon receipt of the package, the Customer who is a Consumer or a third party authorized by him, should, if possible, carefully check the condition of the package, whether it bears no traces of damage, interference by an unauthorized person and whether its contents are intact. If any damage or other irregularities are found, he should, if possible, in the presence of the courier, draw up a damage report and notify the Seller. If the products appear to be damaged, the Customer is asked not to accept the shipment, if possible. This provision does not in any way exclude or limit the rights of the Customer who is a consumer, e.g. as to the right to file a complaint, and is only intended to help the Online Store to determine the damage and the person responsible for it. Report of damage to the shipment does not depend on the protocol made by the Buyer at the courier. The consumer has the right to carefully examine the order.
§7 Payment methods
- The Seller allows payment for the ordered Goods in the form of prepayment to a bank account with the following number: 12 1090 1463 0000 0000 4606 9868
- Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or online banking transfer via PayU online payment service, Shoplo Payments
- Payments are handled by "Polskie ePłatności" spółka z ograniczoną odpowiedzialnością based in Tajęcina (formerly "Paylane" sp. z o.o.), address: Tajęcina 113, 36-002 Jasionka, KRS: 0000227278, NIP 5862141089 and REGON 220010531.
- Cash on delivery of the ordered Goods (cash on delivery payment) - the Customer pays at the courier's office while collecting the ordered Goods delivered via courier company to the address indicated by the Customer in the order.
- The Seller documents the sale of the Goods as requested by the Customer either with a receipt or a VAT invoice. Proof of purchase in the form of a receipt or a VAT invoice is provided to the Client together with the ordered Goods. The Seller has the option to issue a VAT invoice for all Goods ordered from the Online Store.
§8 Warranty
- Delivery of Goods under the realizations arising from the warranty for defects is carried out at the expense of the Seller.
- The Seller shall be liable under the warranty if the defect is discovered before the expiration of two years from the date of issuance of the Goods to the Consumer. The Seller shall be liable to the Consumer if the Consumer Goods at the time of their release were inconsistent with the contract, have physical defects, legal defects. The Seller shall be liable for the inconsistency of the Consumer Goods with the contract if it is found before the expiration of two years from the issuance of such Goods to the Buyer, with the time limit running anew in the event of replacement of the Goods. A physical defect consists in the incompatibility of the sold thing with the contract. In particular, the sold thing is inconsistent with the contract if:
- does not have the characteristics that a thing of this kind should have in view of the purpose specified in the contract or resulting from the circumstances or purpose;
- does not have properties, the existence of which the Seller assured the Buyer, including by presenting a sample or model;
- is not suitable for the purpose about which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;
- was delivered to the Buyer in an incomplete state.
- Notification of defects in the Goods should be sent electronically to the Seller's e-mail address or in writing to the Seller's postal address (see §1 item 3.: "Seller's address"). If the consumer has difficulties and does not know how to construct a notification of defects in the Goods, the notification can be sent, for example, on the form attached hereto as Appendix No. 2, which is only to facilitate the complaint process, it does not constitute any requirement to use the aforementioned template for the effectiveness of the complaint.
- If it is necessary for proper assessment of physical defects of the Goods, upon request and after preliminary arrangements with the Seller, the Goods should be delivered to the address of the Seller's registered office (see §1 item 3.: "Seller's address") whenever the properties of the Product allow it.
- The Seller shall respond immediately to the Consumer's notification, but no later than within 14 calendar days of receipt. Failure to consider the notification within the specified period is equivalent to its acceptance by the Seller and recognition of it as legitimate.
- The Seller shall cover the costs of collection of the Goods, delivery, removal of defects or defects and replacement of the Goods with new ones.
§9 Withdrawal
- In accordance with the law, the Customer who is a Consumer under Article 27 of the Act of May 30, 2014. (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, has the right to withdraw from a contract concluded remotely without giving any reason.
- The right to withdraw from the contract shall be granted within 14 calendar days from the moment of taking possession of the Goods by the Customer who is also a Consumer or a third party designated by him/her other than a carrier.
- When the Customer who is a Consumer withdraws from the contract, the contract is considered not concluded, and the Consumer is then released from all obligations. What the parties have rendered to each other is subject to return in an unaltered state, unless the change was necessary within the limits of ordinary management. The return should be made immediately, no later than within fourteen days.
- The Customer who is a Consumer may withdraw from the contract by submitting a statement to these Terms and Conditions, sending it electronically or to the postal address of the Seller at the choice of the Customer. Appendix No. 1 is only an aid to withdraw from the contract, it is not a necessary formula for exercising the right to withdraw from the contract. The Customer may but need not use it. For effective withdrawal it is sufficient to send a statement in writing to the address of the Seller. Model statement, Appendix number 1 (located at the end of the terms and conditions). In addition, the model form for withdrawal from the contract is included in Appendix number 2 to the Law on Consumer Rights.
- To meet the deadline specified in item. 2 is sufficient to send the Customer's statement of withdrawal from the contract before its expiration.
- The Seller will promptly acknowledge to the Client the receipt of the statement of withdrawal from the contract and will inform the Client accordingly about the further procedure, including how to return the Goods, and will answer them if there are any questions.
- The Seller shall immediately, within no more than 14 calendar days from the date of receipt of the Customer's statement of withdrawal from the contract, return to the Customer all payments received from him, including the cost of delivering the item. The seller shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to another way of refunding the payment, which does not involve any costs for the Customer.
- If the Seller, after obtaining consent from the Customer, did not undertake to collect the Goods from the Customer himself, the Seller may withhold reimbursement of the payments received, including the cost of delivering the goods until he receives the Goods back or the Customer provides proof/confirmation of their return, whichever event occurs first.
- The Customer is obliged to return the Goods to the Seller or hand them over to a person authorized by the Seller immediately, but no later than within 14 calendar days, from the date on which he withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline it is sufficient to send back the Goods before its expiration.
- The Customer who is a Consumer shall bear only the direct costs of returning the Goods.
- The consumer, has the right to withdraw from the contract concluded at a distance, without giving any reason and without incurring costs, except for the costs specified in Article 33, Article 34 paragraph 2 on consumer rights.
- Goods should be delivered to the Seller's Address (see §1 item 3.: "Seller's Address").
- The consumer is liable for any diminution in the value of the item resulting from the use of the item beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and inspect the Goods, but only in the way he could do so in a stationary store (i.e., check their completeness and technical parameters). This is because the consumer cannot normally use the item otherwise, by withdrawing from the contract, he may be charged with additional costs due to the reduction in its value.
- The right to withdraw from the contract does not apply to the Customer with respect to the contracts specified in Article 38 of the Law of May 30, 2014 on Consumer Rights, among other situations:
- for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who was informed before the start of the service, that after the performance by the entrepreneur will lose the right of withdrawal;
- in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control, and which may occur before the expiration of the deadline for withdrawal;
- in which the object of performance is a non-refabricated item, produced to the Consumer's specifications or serving to meet his individualized needs;
- in which the object of performance is an item that is perishable or has a short shelf life;
- in which the object of the service is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package has been opened after delivery;
- in which the object of performance is things that, after delivery, by their nature become inseparable from other things.
§10 Complaint procedure
- For proper submission of a complaint, the Customer should provide his/her data such as: name and surname or company name, address of residence or registered office address and e-mail address, the subject of the complaint, if possible, the order number with an indication of the period of time to which the complaint relates and the circumstances justifying the complaint (description of what it consists of) or what features the ordered Goods do not have, and according to the Seller's assurances or according to the way it was presented to the Customer it was supposed to have.
- If the Customer is a Consumer, he/she may request replacement of the Goods with one that is free from defects instead of the one proposed by the Seller, removal of the defect, or instead of replacing the Product, demand removal of the defect, unless bringing the thing to conformity with the contract in the way chosen by the Customer is impossible or would require excessive costs compared to the way proposed by the Seller. In assessing the excessiveness of the costs, the value of the defect-free item, the type and significance of the identified defect shall be taken into account, as well as the inconvenience to which other means of satisfaction would expose the Customer.
- If separate provisions do not provide otherwise, the entrepreneur is obliged to respond to the consumer's complaint within 14 days of its receipt. If the trader has not responded to the complaint within the period referred to above , it is considered that he has acknowledged the complaint. The entrepreneur shall provide the consumer with an answer to the complaint on paper or other durable medium (e.g., a USB flash drive or CD/DVD, responding to the complaint)."
- If the claim is not processed within the specified time limit, it should be considered accepted by the Seller. The claim for withdrawal from the contract, if not considered within the time limit, is not equivalent to recognition of the complaint filed
§11 Liability
- According to the provisions of the law, the Creator whose moral rights have been infringed or threatened is entitled first of all to claim to desist from this action, to restore the previous state of affairs. If the action that caused the infringement was culpable, the Creator may demand compensation for the harm suffered or an award of an appropriate sum of money for a social purpose.
- By posting possible content and making it available, the Customer voluntarily distributes it. The vendor is not a content provider and does not identify with the content in any way, it is only an entity that provides ICT resources. The Client declares that:
- shall be entitled to use and provide access to the content posted by him/her of copyright, industrial property rights or related rights;
- the placement and sharing within the services, personal data, image, information relating to persons other than the customer took place in accordance with the law, voluntarily and with the consent of the owners of the content to which they relate;
- accepts the viewing of his published information, data, images and other content by the other Customer and the Seller, allows the Seller to use them free of charge;
- agrees to develop, modify and interpret works within the meaning of the Law on Copyright and Related Rights.
- The customer is not entitled to:
- posting of personal data of third parties, dissemination of images without the required permission or consent of the third party to whom the data refers;
- posting content of an advertising and or promotional nature, inconsistent with the purpose of the store.
- It is forbidden for the Client to post content that could, in particular:
- With the intent to violate the personal rights of third parties;
- posted in bad faith or those that could be considered as such;
- infringe on the rights of third parties, copyrights, related rights, industrial property rights, business secrets or those covered by confidentiality clauses especially those defined as secret or top secret;
- posting content that is abusive or threatening to other people, statements generally considered offensive, such as vulgarisms;
- violate the legitimate interests of the Seller;
- sending or posting of unsolicited commercial information (spam) within the Internet Store;
- otherwise violate good morals, provisions of applicable law, social norms or customs.
- In the case of receipt of a notification by a third party, authorized person or state authority, the Seller reserves the right to modify or remove content posted by the Customer, in a situation where it is determined that it may constitute a violation of these Terms and Conditions or applicable laws. The Seller does not control the posted content on an ongoing basis.
- The customer should pay particular attention as to the following provisions of these Regulations:
- § 2 items. 3, 8, 10 i 11
- § 3 items. 5 i 6
- § 4 item. 1
- § 7 item. 4
- § 8 items. 2, 3
- § 9 items. 1, 2, 3, 4, 5, 10, 11 and 12 and 13
- § 12 - entire
- The specified provisions of the Regulations contained in sec. 7 and identified as those of special importance, are only intended to help the Customer understand these Regulations more precisely. This in no way detracts from the other regulations contained in these Regulations and not included in sec. 7 in letters a through g.
§ 12 Out-of-court ways of dealing with complaints and claims
- Information about out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include protection of consumers, Provincial Inspectorates of Commercial Inspection and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php,www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php
- The consumer has, among other things, the following avenues for out-of-court complaint handling and redress:
- to apply to the Provincial Inspector of Trade Inspection to initiate mediation proceedings for an amicable settlement of the dispute.
- to turn to the Permanent Arbitration Consumer Court operating at the Provincial Inspector of Trade Inspection with a request to resolve a dispute arising from the concluded agreement, address www.uokik.gov.pl/wazne_adresy.php.
- to seek free legal assistance from the Consumer Federation, among others - website address: www.federacjakonsumentow.org.pl.
- The Network of European Consumer Centers assists in resolving cross-border disputes. Their addresses are available on the European Consumer Center's website at www.konsument.gov.pl.
- Consumers may also use the online dispute resolution platform (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). ODR (online dispute resolution) available at the following electronic address: http://ec.europa.eu/consumers/odr/ The European ODR platform provides a single common access point for consumers and businesses to resolve out-of-court disputes regarding contractual obligations arising from an online sales contract: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
- The use of out-of-court means of dealing with complaints and claims is voluntary and can take place only if both parties to the dispute, i.e. the Seller and the Customer agree to it.
§ 13 PROVISIONS FOR ENTREPRENEURS
- The regulations and provisions in this paragraph 13 apply only to Customers and Service Recipients who are not consumers.
- The seller reserves the right to withdraw from a sales contract concluded with a non-consumer customer within 14 calendar days from the date of its conclusion. Withdrawal from the sales contract may take place without giving any reason and may not give rise to any claims on this account on the part of the non-consumer customer against the seller.
- In the case of customers who are recipients of the service and who are not also consumers, the service provider may terminate the contract for the provision of Electronic Services with immediate effect even without indicating reasons, provided that it has sent the customer an appropriate statement.
- The Seller has the right to limit the available payment methods to several or to one, for individual or all goods. The Seller may require prepayment in full or in part, regardless of the selected payment method and the fact of concluding a sales contract.
- The danger of accidental loss of or damage to the product passes to the buyer as soon as the seller delivers the ordered product to the carrier. At the moment the ordered product is released to the carrier, all benefits and burdens associated with the goods also pass to the non-consumer customer. The seller in such a case shall not be liable for loss, loss, damage from the moment it is accepted by the carrier until it is released to the customer.
- A customer who is not a consumer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the product during transportation, he is obliged to perform all actions necessary and appropriate to determine the carrier's liability.
- The seller informs that in accordance with Article 558 § 1 of the Civil Code, product warranty liability to the non-consumer customer is excluded.
- The seller's liability is limited within a single claim, as well as for all claims in total, to the amount paid. The seller is liable only for typical damages foreseeable at the time the contract was concluded and is not liable for lost profits.
- Any dispute between the online store and a non-consumer customer shall be submitted to the court having jurisdiction over the seller's headquarters.
§14 Warranty
- We provide a two-year warranty on all products in our range. Each warranty claim will be considered individually. Please also refer to the general warranty conditions below:
- The products come with a 24-month warranty from the date of purchase.
- The warranty is valid provided that the item is used properly, in accordance with its intended use and the recommendations of the rules of use and maintenance.
- The warranty covers defects resulting from the manufacturing process or defects in the raw material.
- The warranty does not cover:
- Uneven coloring resulting from the natural properties of the material, damage resulting from improper installation and setting of the product (e.g., furniture set on the floor with floor heating, furniture set next to a fireplace, furniture set directly next to heating devices such as radiators (gas, oil, electric, water), radiators, heaters, fireplaces damage to products caused by setting hot and cold objects on them, cleaning with chemicals, or exposed to prolonged contact with water.
- wood as a natural material may undergo color changes, under the influence of UV rays may become lighter or darker damage resulting from the use of furniture in a room with humidity lower than 50% and higher than 65% (at low humidity, furniture damage may occur such as wood cracks, related to wood shrinkage while at humidity above 65%, furniture damage may occur such as cracks and deformation).
- natural wear and tear of the product and its equipment (e.g., scratches) damage caused in the transportation of furniture made on behalf of the customer by the shipping company.
- furniture for which the purchaser has obtained a price reduction due to permanent defects and damage, of which he has been informed.
- damage resulting from prolonged exposure of the product to direct sunlight.
- Warranty exclusions. Warranty rights are lost in cases:
- installation not in accordance with the intended use,
- Use of the furniture in a room with a temperature below 18 °C or above 35 °C,
- damage to the product by covering a large area with materials such as glass, pvc, film, stone, all of which prevent the natural process of wood breathing,
- flooding the furniture with water or other liquid,
- Use of the furniture contrary to its intended use,
- dirt, findings of improper cleaning and maintenance,
- the determination of attempts to carry out repairs or corrections by unauthorized persons,
- Damage and defects caused by animals,
- Mechanical damage (e.g. scratches, bruises).
- Defects will not be considered:
- changes that occur naturally, during the average use of the furniture, properties resulting from the type of material used,
- Natural differences in the shade of wood,
- visible core rays of the wood (a part of the anatomical structure of the wood),
- slight darker staining (the so-called false heartwood - part of the anatomical structure of the wood),
- Small patches of cavities in the wood.
§15 Final provisions
- The online store honors all the rights of customers provided by the provisions of applicable law.
- If the applicable law grants to customers who are consumers more favorable mandatory and legally required regulations than those contained in these Terms and Conditions, the relevant provisions of the Terms and Conditions are directly superseded by the specific norms of the applicable law and are thus binding on the aforementioned owner.
- All content on the website of the Online Store (including graphics, texts, page layout and logos) enjoy the protection provided for copyright and are the exclusive property of the Seller. Use of such content without the written consent of the Seller shall result in civil and criminal liability.
- The store owner, as the controller of your personal data, inform you that:
- Provision of data is always voluntary but necessary to complete the order;
- the person providing his/her personal data has the unlimited right to access all the contents of his/her data and to rectify them, delete them (the right to be forgotten), limit the processing, the right to data portability, the right to withdraw consent at any time without affecting the legality of the processing, the data may, however, be made available to the competent state authorities in the situation when the relevant regulation requires it.
- The basis for the processing of personal data will be Article 6(1)(a) and the content of the General Data Protection Regulation...;
- personal data will be stored and processed for the period necessary for the completion of processing and execution of the order but no longer than for a period of 3 years (2 years is the period for complaints and 1 year for possibly other claims and exceptional situations)
- the person providing his/her personal data has the right to lodge a complaint with the DPA when he/she considers that the processing of personal data concerning the execution of the order violates the provisions of the General Data Protection Regulation of April 27, 2016;"
- With regard to the processing of personal data of this store, an adequate degree of protection has not been determined by the European Commission through a decision, but the data will be adequately secured through IT/legal solutions and measures.
- Your data will be processed by automated means, including profiling.
- In other matters not regulated by the provisions of these Regulations, the relevant provisions of Polish law shall apply, in particular:
- Act of March 2, 2000 on the protection of certain consumer rights and liability for damage caused by dangerous products (Journal of Laws 2000 No. 22 item 271 as amended).
- Act of July 27, 2002 on specific terms and conditions of consumer sales and amendments to the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended);
- Act of April 23, 1964 Civil Code (Journal of Laws 1964 no. 16 item 93 as amended);
- Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2013, item 1422);
- Act of June 30, 2000 Industrial Property Law (Journal of Laws 2001 No. 49 item 508 as amended);
- Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 2006 No. 90 item 631 as amended),
- Law of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827).
- The amended Regulations are binding on Customers if the requirements specified in Article 384 of the Civil Code have been observed (i.e. the Customer has been properly notified of the changes).
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is:
- changes in legislation;
- Changes in payment and delivery methods;
- exchange rate change,
- changes in the manner of providing electronic services covered by the regulations,
- Changes in the Seller's data, including e-mail address, telephone number.
- Amendments to the regulations do not affect orders already placed and executed, to them the regulations in force at the time of the order shall apply. The Seller shall inform about the intended change on the store website at least 30 days in advance. In case of non-acceptance of the amended regulations, Service Recipients may, within 30 days of receiving the message, terminate the contract with immediate effect.
- Disputes arising as a result of the provision of services under these Regulations shall be submitted to the settlement of the Common Court at the choice of the Customer who is also a consumer, in accordance with the applicable provisions of Polish law.
- The annexes to the Regulations are an integral part of the Regulations.
- The contract of sale is concluded in the Polish language, with content in accordance with the Regulations.
- Customers of the aforementioned store may access these Regulations at any time through the link provided on the home page of the website and download and make a printout, however, commercial use is subject to the protection of the LEGATO Law Office.
- The regulations enter into force on 01.01.2021
- Appendix #1:
-Address: ASKO sp. z o o, 3 Parkowa St. hall number 4, 62-069 Dąbrówka, e-mail address: hello@pastform.pl
-I/We(*) hereby inform(*) of my/our withdrawal from the contract for the sale of the following goods (*) the contract for the supply of the following goods(*) the contract for the performance of the following goods(*)/for the provision of the following service(*)
-Date of contract(*)/acceptance(*)
-Consumer's name
-Address of consumer(s)
-Signature of the consumer(s) (only if the form is sent on paper)
-Date
* - no deletion needed.Copyright notice to the Terms of Sale
The owner of all material copyrights to the template of these Terms and Conditions of Sale is LEGATO Law Office, which has granted to this store a non-exclusive and non-transferable right to use these Terms and Conditions of Sale for purposes related to its own commercial activities on the Internet, and extends legal protection to the aforementioned document for the duration of the contract. Copying and distribution of the template of these Terms and Conditions of Sale without the permission of LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability. Online sellers can learn more about the possibility of using the model Terms and Conditions of Sale at http://www.kancelaria-legato.pl/





