Pastform.pl Rules & Regulations 

 

    

  

§1 Key definitions

§2 General provisions

§3 Terms of service

§4 Terms and conditions

§5 Order processing

§6 Delivery

§7 Payment methods

§8 Warranty

§9 Withdrawal

§10 Complaint proceedings

§11 Responsibility

§12 Extra-judicial ways of handling complaints and pursuing claims

§13 Provisions for entrepreneurs

§14 Guarantee

§15 Final provisions



Introduction

Dear Customer, these Regulations settle the manner of concluding sales contracts on the above mentioned website, the principles of execution of these contracts including delivery, rights and obligations resulting from the applicable law, as well as the withdrawal and complaint proceedings. The Regulations consist of four parts: 

  1. § 1 to 3 – general provisions of these Regulations are described; 

  2. § 4 to 7 – process of purchase of Goods/Services is described;

  3. § 8 to 12 – regulations related to the determination of defects as well as the right of withdrawal from the contract are included;

  4. § 13 to 15 – all other regulations are included. 

§1 Key definitions

  1. Online Shop – http://www.pastform.pl/,http://www.pastform.com 

  2. Seller – ASKO sp. z o.o. z VAT NO: 9720804286, Phone No: +48603529118

  3. Seller’s address – whenever the Regulations mention the address of the Seller, the following data shall be understood:

  1. legal seat:  14 Jana III Sobieskiego Est., PL60688 Poznań

  2. e-mail: hello@pastform.pl

  1. Customer – a natural person having full capacity to perform legal actions and, in cases provided by generally applicable regulations, also a natural person having limited capacity to perform legal actions, a legal person or an organizational unit without legal personality to which the act grants legal capacity, who has concluded or intends to conclude a sales contract. 

  2. Consumer – Art. 221 of the Civil Code: a natural person performing a legal activity not directly related to their business or professional activity.

  3. A distance contract – an agreement concluded between the Online Store Seller and the Consumer under an organized procedure of concluding distance contracts where both parties to the agreement no need to participate in one place and time, concluded through one or more means necessary to communicate at a distance until the conclusion of the agreement. 

  4. Service – service provided electronically by the Service Provider (Seller) to the Customer (Client) through this Online Shop.

  5. Sale contract – contract of sale of the Product placed on the website of the Online Store concluded between the Customer and the Seller via the Online Store. 

  6. Goods – the Product, a movable item that the Customer purchases through the Online Store, i.e. High quality furniture, made only upon the order, also made on a special order.

  7. Basket – the place where the Customer defines important elements for further order, such as: quantity of Goods, delivery address, delivery and payment method, invoicing data and any other information necessary to properly execute the order.

  8. Order – statement of the Customers’ will made through the online store, including: type and quantity of the Goods available in the online store at the time of placing an order, payment method, method of delivery of the Goods, place of release of the Goods and the Customers’ data.

  9. Discount – individual amount or percentage discount for the Customer granted to purchase a given product or a given group of products available in the Online Store.

  10. Ordering form – online service, an electronic form available in the Online Store to place and execute the Order by adding Products to the basket, in which terms of the Sales Agreement, including the method of delivery and payment, are specified. 

  11. Order processing time – time when the order placed by the Customer of the Online Store will be completed, packed, sealed by the Seller and delivered in the form of delivery chosen by the Customer.

  12. Working day – one day from Monday to Friday, excluding public holidays.

  13. Newsletter – marketing service provided by the Service Provider (Seller) to the e-mail addresses which enables the Service Recipients (Customers) to automatically receive the advertising content of the Products available in the Online Store, including information about discounts, news and subsequent editions of the Newsletter.

  14. Consumer Rights Act, Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827 as amended).

 

§2 General provisions

  1. The Seller hereby declares to provide services which are the subject of the Online Store's activity in a reliable manner and in accordance with applicable laws, principles of social coexistence and in a manner specified in these Regulations.

  2. The Seller declares to observe all required principles of personal data protection which are provided for, inter alia, by the Act of 10 May 2018 on personal data protection in accordance with the Council Regulation (EU) No 2016/679 (of 27 April 2016 EU Official Journal L No. 119). The Customer agrees that the Seller collects, stores and processes their personal data solely for the purpose of performance of the Service/Goods ordered in the Online Store. Detailed information on the collection, processing and protection of personal data are set out in the Online Store “Privacy Policy”.

  3. By placing an order in the Store, the Customer has the opportunity to familiarize themselves with the Rules and Regulations and accept its content by marking the appropriate field in the form. In order to complete the order it is necessary to accept the Regulations. 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.

  4. The Data Controller applies appropriate technical and organizational measures to ensure the protection of personal data, adequately to the risks and categories of the protected data, As well as protects the data from being made available, taken away, processed, lost, changed or damaged by unauthorized persons. The detailed scope of protection has been regulated in accordance with the requirements of the Personal Data Protection Policy. (Security Policy, Personal Data Protection Regulations, IT System Management).

  5. Your personal data controller is ASKO SC, Dawid Beata Gełeta 14 Jana III Sobieskiego Est., PL60688 Poznań. VAT NO: 9720804286, e-mail: hello@pastform.pl, Phone No: +48603529118.

  6. Every person whose data is processed has right to:

  1. supervise and control the processing of personal data for which the Seller maintains a set of customer data of the above mentioned store;

  2. obtain a comprehensive information on whether such a collection exists and is maintained by the Seller;

  3. determine who is the Data Controller, its address, place of residence, name, and in case the Controller is a natural person – to determine his/her name and surname and place of residence;

  4. obtain information on the purpose, scope, manner and time of processing the data contained in such a set;

  5. obtain information in a commonly understood form of the data content;

  6. know the source of their personal data, unless the Controller is obliged to keep this information confidential or in secret;

  7. request to complete, update, correct personal data, temporarily suspend or delete them if they are incomplete, outdated, untrue or have been collected in violation of the law or are no longer necessary for the purpose for which they were collected.

  1. In accordance with point 6, the Customer has the right to inspect the content of the processed personal data, correct it and demand it to be removed. The personal data controller shall be obliged to complete, update, correct or temporarily or permanently suspend the processing of the data or to remove them from the collection on an ongoing basis and immediately after the Customer request, unless the request concerns personal data for which the mode of their completion, updating or correction is determined by the separate provisions of law, including the Act. 

  2. Upon placing the order, the Customer agrees to collect and process the personal data by the Seller as provided for, inter alia, by the Act of 10 May 2018 on personal data protection in accordance with the Council Regulation (EU) No 2016/679 (of 27 April 2016, EU Official Journal L No. 119). The data may be transferred to another entity only when required by law or necessary for the execution of the order..

  3. The Customer may agree to receive the Seller’s information of advertising and commercial nature by subscribing to the NEWSLETTER.

  4. The Customer undertakes to use the Online Store in accordance with applicable laws and rules of the social coexistence.

  5. Using the Services provided through the Online Store, the Customer is obliged to comply with these Regulations to the extent necessary to carry out the order and not contrary to the applicable law and the principles of social coexistence.

  6. The Seller declares that the Goods available in the Online Store are new, usable, safe and free from physical and legal defects. The Goods fully correspond to the properties that are displayed and described on the Online Store website. 

  7. If the Goods are covered by the manufacturer’s warranty, the so-called warranty document, in which the manufacturer assumes responsibility for the properties of the goods (eg: functionality, durability, quality of things), this warranty does not exclude and does not limit in any way the Buyer’s rights resulting from the warranty for defects in the Goods, both physical and legal.

  8. The Seller executes orders placed in Poland and in Europe, as well as in other countries – upon prior arrangement of delivery terms.

  9. All the Goods available for sale in the Online Store have been legally introduced to the Polish market. All the information concerning the Goods and available in the Online Store constitute an invitation to conclude a contract within the meaning of the Act of 23 April 1964 Art. 71 of the Civil Code. 

  10. All prices of the Products / Goods / Services are given in the Polish currency (Polish zloty) and are gross prices including VAT, duties and other components imposed by law.

  11. WARNING: Prices of the Goods listed in the Online Store do not include delivery costs; they are calculated when the Customer chooses the method of delivery.

§3 Terms of service

  1. This Online Store provides services via electronic means. Completing the online order form to conclude a sales contract is the major condition for contract execution. Concluding the contract is voluntary.

  2. The contract for the provision of services is concluded electronically by enabling the Customer to complete the order form. The contract is concluded for a fixed term when the Customer begins to fill in the form and is terminated when the Customer withdraws completing the form or sends the completed form to the Seller. The process of completing the order form is organized so that each Customer has the opportunity to read it before making a decision to conclude a contract or amend it. 

  3. The service specified in Point 1 is provided free of charge but may require access to the Internet.

  4. An electronic order can be placed 24 hours a day, daily, 7 days a week.

  5. Upon settling the purchase, the Customer selects the option “I agree to the processing of my personal data contained in the order form by the Store for the purpose and to the extent necessary to complete 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 equivalent to withdrawal from the contract.

  6. According to Art. 8 sec. 2 GDPR, taking into account the available technology, the controller makes reasonable efforts to verify whether the person exercising parental authority or custody of the child (under 16 years old) has consented or approved it.

  7. Requirements necessary to use the services provided by the Seller:

  1. a device with access to the Internet,

  2. a web browser that supports cookies, for example:

  • Internet Explorer 8.0 or later with ActiveX, JavaScript and Cookies enabled or

  • Mozilla Firefox 22.0 or later with Java, JavaScript and cookies applets enabled or

  • Google Chrome 28.0 or later with Java applets, JavaScript and cookies enabled or

  • Opera 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;

  1. access to electronic mail.

  1. The Customer solely bears the costs related to access to the Internet and data transmission, in accordance with the prices of the supplier with whom the Customer has signed a contract for the provision of Internet services.

§4 Terms and conditions 

  1. To conclude a valid and binding Sales Agreement, the Customer makes a choice in accordance with the displayed offer of the Online Store, specifying the quantity of the Goods he/she intends to purchase and, if possible, indicating the features of the ordered Product and its specification accordingly. When choosing the Goods, the Customer completes the online order form and provides the data necessary for the Seller to fulfill the order, such as quantities, place of delivery and payment methods, based on the messages and information displayed to the Customer, available on the website and contained herein. 

  2. Registration of the Customer Account in the Online Store is voluntary and free of charge.

  3. If the Seller provides the option of ordering Goods made to an individual order, along with the online order form the Customer sends the content necessary to perform the Goods, i.e. text, graphics, dimensions, etc. in accordance with the technical requirements included in the description of the Goods, or selects the appropriate specification of the Goods from available options provided by the Seller.

  4. Immediately after receiving the order, the Seller sends the Customer to the e-mail address provided a declaration of acceptance of the order, which is also its confirmation. Upon receipt the e-mail by the Customer, a sales contract is concluded.

  5. The e-mail summarizing and confirming the order contains all the previously agreed terms of the sales contract, in particular the quantity and type of the ordered Goods, its specification in case of ordering the Goods with individual properties, total price to be paid (specified in Polish zlotys) along with delivery costs and the amount of discounts granted (if applicable).

  6. If the Customer gets more discounts from several sources/promotions, they are subject to aggregation only when it is clearly specified in the Discount Regulations. If there is no provision as to the method of combining various promotions/discounts, only one discount (one promotion) can be selected for a given purchase. 

§5 Order processing

  1. The Seller reliably carries out the Customer’s orders in a sequence as they are received – each order is priority and important to us!

  2. The order processing for a single Customer takes from 1 to 5 working days from the date of sending the order by the Customer. For individually ordered products, the delivery time is specified on the product page. The time of order processing consists primarily of the time of order preparation (completing and packing the order, issuing the parcel to the carrier, and carrying out the Goods - if applicable). Delivery time depends on the chosen method of delivery; it may vary depending on the type of means of transport selected by the Customer. 

  3. In case of exceptional circumstances or impossibility to carry out the order by the date specified in Point 2, the Seller shall immediately contact the Customer in order to determine the further course of action, including setting a different date for the order execution and changing the method of delivery.

§6 Delivery

  1. Delivery of the Goods is performed by a carrier operator or in any other way accepted by the parties, without bearing any excessive and unjustified costs by the Seller and the Customer.

  2. The ordered Goods are either delivered according to the Customer’s choice directly to the Customer’s address specified in the order form and confirmed by the Customer as the shipping address, or collected in person at the personal collection point, at the address given during the execution of the order. 

  3. The Goods are always packed in a way that corresponds to its properties so as not to be damaged, lost or destroyed during the transport.

  4. The Customer receives the information about delivery costs on an ongoing basis; they are provided when completing the online order form. The amount of shipping costs depends on the country to which the order is sent, the quantity of ordered goods, their weight and the method of shipment.

  5. If possible, upon receiving the parcel the Customer or the authorized person should carefully check the condition of the packaging whether there are any signs of damage, interference by an unauthorized person and whether its contents is intact. In the event of any damage or other findings, the Customer should prepare a damage report in the presence of the delivery representative and notify the Seller. If the products appear damaged, the Customer is asked not to accept the parcel, if possible. This provision in no way excludes and does not limit the Customer rights to file a complaint, and it is only to help the Online Store in determining the damage and responsible person. Reporting the damage does not depend on the protocol drawn up by the Buyer with the delivery representative. The consumer has the right to read the order carefully.

§7 Payment methods

  1. The Seller enables payment for the ordered Goods by prepayment to the bank account with the following number: 12 1090 1463 0000 0000 4606 9868 

  2. Electronic payment by credit card (Visa, Visa Electron, MasterCard, Maestro) or by electronic banking wire transfer through PayU, Shoplo Payments

  3. By cash on delivery of the ordered Goods (cash on delivery) – the Customer pays the carrier company when collecting the ordered Goods delivered through this company to the address indicated by the Customer in the order.

  4. The Seller documents the sale of the Goods by a receipt or a VAT invoice, in accordance with the Customer’s request. Proof of purchase in the form of a receipt or a VAT invoice is delivered to the Customer together with the ordered Goods. The Seller may issue a VAT invoice for all Goods ordered in the Online Shop.

§8 Warranty

  1. The delivery of the Goods under the warranty for defects is at the Seller’s expense.

  2. The Seller is liable under the warranty if the defect has been found within two years from the date of delivery of the Goods to the Consumer. The Seller is liable to the Consumer if the Consumer Goods at the time of its release was inconsistent with the contract, has physical and legal defects. The Seller is responsible for the non-compliance of the Consumer Goods with the contract if it is found within two years from the release of the Goods to the Buyer, and if the Goods is replaced, this period starts anew. A physical defect consists in non-compliance of the sold item with the contract. In particular, the item sold is not compliant with the contract if:

  1. it does not have properties that this kind of thing should have due to the purpose specified in the contract or resulting from the circumstances or its destination;

  2. it does not have properties that the Seller has provided to the Buyer, including by presenting a sample or a design;

  3. it is not suitable for the purpose of which the Buyer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such purpose;

  4. it was delivered to the Buyer incomplete.

  1. The notification of defects in the Goods should be sent by e-mail to the Seller’s _e-mail address or in writing to the Seller's mailing address (see §1 point 3: “Seller’s address”). If the consumer does not know how to draw up a notification of defects in the Goods, the notification may be sent, for example, on the form attached to the Annex 2 to these Regulations, which only facilitates the complaint process and is not any requirement to use the above mentioned template determining the complaints effectiveness.

  2. If it is necessary for the correct assessment of the physical defects of the Goods, whenever the Goods properties allow it, upon request and after preliminary arrangements with the Seller, the Goods should be delivered to the Seller’s address (see §1 point 3: „Seller’s address”).

  3. The Seller responds immediately to the Consumer’s notification, but not later than within 14 calendar days from the date of its receipt. Failure to consider the notification within the specified period of time is equivalent to its consideration by the Seller and recognition as justified.

  4. The Seller covers the costs of receipt of the Goods, its delivery, removal of defects or faults and replacing with new ones. 

§9 Withdrawal

  1. In accordance with the law regulations, the Customer who is a Consumer pursuant to the Art. 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on consumer’s rights, has right to withdraw from a distance contract without giving any reason. 

  2. The right to withdraw from the contract is granted within 14 calendar days from the moment the Goods are taken over by the Customer who is also a Consumer or a third party indicated by them, other than the carrier.

  3. When the Customer who is a Consumer withdraws from the contract, the contract is considered void and the Consumer is released from any obligations. What the parties have provided to each other is returned unchanged, unless the change was necessary within the ordinary business. The return should be made immediately, not later than within fourteen days.

  4. The Customer who is a Consumer may withdraw from the contract by submitting a statement on the online form attached to the Annex 1 hereto, by sending it by e-mail or to the Seller’s postal address at the Customer's choice. Annex 1 is only an aid in withdrawing from the contract, it is not a template necessary to exercise the right to withdraw from the contract. The customer may, but does not have to, use it. For effective withdrawal, it is sufficient to send a written statement to the Seller’s address.

  5. To meet the deadline specified in Point 2, it is sufficient to send the Customer’s statement on withdrawal from the contract before its expiry.

  6. The Seller shall immediately confirm the receipt of the statement on withdrawal from the contract and shall inform the Customer accordingly about further proceedings, including the manner of returning the Goods and in case of any questions – shall answer them. 

  7. The Seller shall immediately, no later than within 14 calendar days from the date of receipt of the Customer’s statement of withdrawal, return to the Customer all payments received from him/her, including the costs of delivery of Goods. The Seller returns the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to another method of payment return which does not involve any costs for him/her.

  8. If the Seller, after obtaining consent from the Client, has not undertaken to collect the Goods from him/her, the Seller may withhold the return of received payments, including costs of delivery of Goods, until the moment of receiving the Goods back or delivery by the Customer a proof/confirmation of its return, depending on which event occurs earlier.

  9. The Customer is obliged to return the item to the Seller or hand it over to a person authorized by the Seller immediately but not later than within 14 calendar days from the day on which the Customer withdrew from the contract, unless the Seller offered to collect the Goods himself. To meet the deadline it is enough to return the Goods before its expiration.

  10. The Customer who is a Consumer bears only direct costs of returning the Goods. 

  11. The Consumer has the right to withdraw from a distance contract without giving a reason and without incurring costs, except for the costs specified in Art. 33, Art. 34 of the Consumer Law.

  12. The Goods should be delivered to the Seller’s address (see §1 point 3: “Seller’s address”).

  13. The Consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods. This means that the Buyer has the right to evaluate and check the Goods but only in such a way that he/she could do it in a physical store (i.e. check its completeness and technical parameters). The Consumer cannot normally use the Goods, because when withdrawing from the contract, he/she may be charged with additional costs due to the reduction of its value. 

  14. The right to withdraw from the contract is not entitled to the Customer in relation to the contracts specified in Art. 38 of the Act of May 30, 2014 on Consumer Rights, including the contracts:

  1. 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 commencement of the service that after the entrepreneur has fulfilled the service, the Consumer loses the right to withdraw from the contract; 

  2. where the price or remuneration depends on fluctuations in the financial market, over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract; 

  3. where the subject of the service is a non-prefabricated item manufactured according to the Consumer’s specification or serving to satisfy their individual needs; 

  4. where the subject of the service is an item that deteriorates quickly or its expiration date is short; 

  5. where the subject of the service is an item delivered in a sealed package and after opening the package this item cannot be returned due to health protection or hygiene reasons, if the packaging has been opened after delivery;

  6. where the subject of the service are items that after delivery they are inseparably connected with other items due to their nature,

§10 Complaint proceedings

  1. For the correct complaint submission the Customer should provide the following data: name and surname or company name, home address or registered office address and e-mail, the subject of the complaint, the order number along with the period of time to which the complaint relates and the circumstances justifying submitting a complaint (description of what it consists of), if possible, or features of the ordered Goods does not have and was supposed to have according to the Seller’s assurances or the method of presenting it to the Customer.

  2. If the Customer is a Consumer, they may request to replace the Goods with one that is free from defects or to remove the defect unless it is impossible to bring the Goods into compliance with the contract in a manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the item free from defects, the type and significance of the defect as well as the inconvenience to which the Customer would otherwise be exposed are taken into account. 

  3. Unless provisions specify otherwise, the entrepreneur is obliged to respond to the Consumer’s complaint within 14 days from the date of its receipt. If the entrepreneur has not responded to the complaint within the period referred to above, it is considered that the complaint has been accepted. The entrepreneur provides the Consumer with a response to the complaint in a paper letter or on other durable medium (e.g. a USB stick or CD / DVD)" 

  4. If the complaint is not processed within the specified time limit, it should be deemed as considered by the Seller. If it is not processed on time, the claim to withdraw from the contract does not constitute acceptance of the submitted complaint

§11 Responsibility

  1. Pursuant to the provisions of the law, the Author whose rights have been infringed or threatened, has right to claim abandoning such actions and restoring the previous state. If the action that caused the infringement was culpable, the Author may demand a compensation or an appropriate sum of money for the indicated social purpose. 

  2. By posting any content and making it available, the Customer voluntarily disseminates it. The Seller is not a content provider and does not identify with such content in any way; The Seller is only an entity that provides ICT resources. The Customers declares that:

  1. has right to use and share the content of proprietary copyrights, industrial property rights or related rights posted by them;

  2. placing and sharing any personal data, image, information regarding persons other than the Customer was done in a lawful, voluntary manner and with the consent of the content owners as a part of the service;

  3. agrees to give access to the information, data, images and other content published by them to other Customers and the Seller, and allows the Seller to use such information free of charge;

  4. agrees to preparation, modification and interpretation of works within the meaning of the Act on Copyright and Related Rights.

  1. The Customer is not entitled to:

  1. post personal data of third parties, distribute the image without the required consent of the third party to whom the data relates;

  2. post advertising and / or promotional content inconsistent with the purpose of the store’s activity.

  1.  It is forbidden for the Customer to post any content that particularly could:

  1. infringe personal rights of third parties;

  2. be posted in bad faith or that could be considered as such;

  3. violate the rights of third parties, copyrights, related rights, industrial property rights, business secrets or those covered by the confidentiality clause, especially those defined as secret or top secret;

  4. contain offensive or threatening content directed at other people, statements commonly considered offensive, e.g. vulgarism;

  5. violate the legitimate interests of the Seller;

  6. be unsolicited commercial information (spam) sent to the Seller or posted in the Online Store;

  7. violate in any other way good customs, provisions of applicable law, social or moral norms.

  1.  If a notification is received by a third party, an authorized person or a state authority, the Seller reserves the right to modify or delete the content posted by the Customer if it is found that it may constitute a violation of these Regulations or applicable law. The Seller does not control the posted content on an ongoing basis.

  2. The Customer should pay particular attention to the following provisions of these Regulations:

  1. § 2 item 3, 8, 10 and 11

  2. § 3 item 5 and 6

  3. § 4 item 1

  4. § 7 item 4

  5. § 8 item 2, 3

  6. § 9 item 1, 2, 3, 4, 5, 10, 11 and 12 and 13

  7. § 12.

  1. The specified provisions of the Regulations contained in Point 7, and being of particular importance, are only intended to help the Customer understand these regulations more precisely. They do not diminish other regulations contained in these Regulations and not included in Point 7, items from a to g, in any way. 

§12 Extra-judicial ways of handling complaints and pursuing claims

  1. Information on extrajudicial methods of dealing with complaints and pursuing claims, as well as rules of access to these procedures are made available at the offices and on the websites of regional consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of Trade Inspection and under 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

  2. The Consumer has, inter alia, the following options to use extrajudicial means of dealing with complaints and pursuing their claims:

  3. application to the Voivodeship Inspector of Trade Inspection with a request to initiate mediation proceedings regarding amicable settlement of the dispute.

  4. application to the Amicable Consumer Court operating at the Voivodeship Inspector of Trade Inspection with a request to resolve a dispute arising from the concluded contract, see: www.uokik.gov.pl/wazne_adresy.php.

  5. asking for free legal assistance, incl. to the Consumer Federation – website address: www.federacjakonsumentow.org.pl.

  6. The Network of European Consumer Centers helps in resolving cross-border disputes. Addresses of these institutions are available on the website of the European Consumer Center www.konsument.gov.pl.

  7. The Consumer may also use the platform of the online dispute resolution system (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and the Council of May 21, 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) is available at the following address: http://ec.europa.eu/consumers/odr/ The European ODR platform is one common access point for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded online sales contract https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

  8. Out-of-court complaint and pursuing claims procedures are voluntary and may only take place if both parties to the dispute, i.e. the Seller and the Customer, agree to it.

§13 PROVISIONS FOR ENTREPRENEURS

  1. The regulations and provisions in this §13 apply only to Customers and Service Users who are not consumers.

  2. The Seller reserves the right to withdraw from the 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 a reason and may not rise any claims of the non-consumer customer against the Seller.

  3. If the Customer is a service recipient and is not the consumer, the service provider may terminate the contract for the provision of Electronic Services with immediate effect without giving reasons, provided that the service provider has sent the Customer an appropriate notification.

  4. The Seller has right to limit the available payment methods to several or one, for individual or all Goods. The Seller may require prepayment in full or in part, regardless of the chosen method of payment and the fact of concluding the sales contract.

  5. Upon delivery the ordered product to the carrier, the risk of accidental loss or damage to the product passes to the buyer. Upon delivery of the ordered product to the carrier, all benefits and burdens related to the goods are also transferred to the non-consumer customer. From the moment the carrier accepts the goods and until it is delivered to the customer, the Seller is not liable for loss, defect or damage of the goods.

  6. A customer who is not a consumer is obliged to inspect the parcel in time and in the manner accepted for such parcels. If there has been a loss or damage to the product during transport, then all actions necessary to determine the liability of the carrier must be taken.

  7. The Seller informs that in accordance with Art. 558 § 1 of the Civil Code, liability under the warranty for the product towards a customer who is not a consumer is excluded.

  8. The Seller’s liability is limited to a single claim as well as for all claims in total up to the amount paid. The Seller is liable only for damages predictable at the time of concluding the contract and is not responsible for lost profits.

  9. Any disputes between the online store and a non-consumer customer shall be settled by the court having jurisdiction over the Seller’s place of residence.



§14 Guarantee

  1. All our products are covered by the two-year warranty. Each warranty claim will be considered individually. Please also read the general warranty terms below:

  • The products are covered by a 24-month warranty from the date of purchase.

  • The warranty is valid provided that the item is properly used, in accordance with its intended use and the recommended use and maintenance guidance.

  • The warranty covers defects resulting from the production process or raw material defects.

  1. The warranty does not cover:

  • uneven dyeing resulting from the natural properties of the material, damage resulting from improper installation and positioning of the product (eg. furniture placed on the floor with underfloor heating, furniture placed next to the fireplace, furniture placed directly next to heating devices, e.g. heaters (gas, oil, electric, water), radiators, heaters, fireplaces), damage to products caused by placing hot and cold objects on them, cleaning with chemical agents or exposed to prolonged contact with water. 

  • being a natural material, wood may change its color; under the influence of UV rays it may lighten or darken; damage resulting from using furniture in a room with a humidity of less than 50% and more than 65% may occur (furniture may be damaged at low air humidity, e.g. wood cracks related to wood shrinkage, as well as at air humidity above 65% – then furniture may crack and deform). 

  • natural wear and tear of the product and its equipment (e.g. scratches), damage caused during the transport of furniture made on customer’s order by a carrier company.

  • furniture for which the ordering party has obtained a price reduction due to permanent defects and damage about which it was informed.

  • damage resulting from prolonged exposure to direct sunlight.

  1. Warranty exclusions. Warranty rights can be lost in the following cases:

  • improper assembly,

  • using the furniture in a room with a temperature below 18° C or above 35° C,

  • damage to the product by covering its surface with materials such as glass, PVC, foil, stone, which materials prevent the wood natural breathing process,

  • flooding the furniture with water or other liquid,

  • using the furniture contrary to its intended use,

  • contamination, improper cleaning and maintenance,

  • any attempts to repair or correct the furniture by unauthorized persons,

  • damage and defects caused by animals,

  • mechanical damage (e.g. scratches, bruises).

  1. The following cases are not considered as defects:

  • natural changes during the normal use of the furniture, properties resulting from the type of material used, 

  • natural variations in the wood shade,

  • visible wood pith rays (element of its anatomical structure),

  • small darker places (the so-called false heartwood – element of the wood anatomical structure),

  • small repairs of wood defects.



§15 Final provisions

  1. The online store respects all rights of customers provided for in the provisions of applicable law. 

  2. If the applicable law grants Customers who are consumers more favorable mandatory legal regulations than those contained in these Regulations, the relevant provisions of the Regulations are directly replaced by specific standards of applicable law and thus are binding for the above-mentioned owner.

  3. All content posted on the Online Store website (including graphics, texts, page layout and logos) are covered by the copyright and are the sole property of the Seller. Using it without the written consent of the Seller shall result in civil and criminal liability.

  4. The store owner, as the personal data controller, informs you that:

  • providing data is always voluntary but necessary to complete the order;

  • you have right to access the content of your data and right to rectify, erase (right to be forgotten), restrict, transfer, object, withdraw the consent at any time without affecting the lawfulness of the processing; however, the data may be made available to the competent state authorities when required by the relevant provision. 

  • Art. 6 sec. 1 item a) and the content of the General Data Protection Regulation are the basis for processing your personal data.

  • personal data will be stored and processed for the period necessary to complete the order processing and execution, but not longer than for 3 years (2 years is the complaint period and 1 year for any other claims and exceptional circumstances)

  • any person providing the personal data has right to lodge a complaint with the PDPA if he/she believes that the processing of their personal data violates the provisions of the General Data Protection Regulation of 27 April 2016;

  1. In terms of processing the personal data in this store any appropriate level of protection has not been determined by any decision of the European Commission, but the data will be properly secured by means of IT / legal solutions and measures.

  2. Your data will not be processed automatically, neither in the form of profiling.

  3. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply, in particular: 

  1. Act of 2 March 2000 on the protection of certain consumer rights and liability for damage caused by a dangerous product (Journal of Laws of 2000, No. 22, item 271, as amended).

  2. Act of 27 July 2002 on special terms of consumer sales and amending the Civil Code (Journal of Laws 2002 No. 141, item 1176, as amended);

  3. Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16 item 93, as amended);

  4. Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2013, item 1422);

  5. Act of 30 June 2000 Industrial Property Law (Journal of Laws of 2001, No. 49, item 508, as amended);

  6. Act of 4 June 1994 on copyright and related rights (Journal of Laws of 2006 No. 90, item 631, as amended),

  7. Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827)

  1. The amended Regulations are binding for the Customers if the requirements specified in Art. 384 of the Civil Code (i.e. The Customer has been properly notified of the changes) has been met.

  2. The Seller reserves the right to amend the Regulations for important reasons, that is: 

  1. changes in the law; 

  2. changes in payment and delivery methods; 

  3. change of exchange rate, 

  4. changes in the method of providing services by electronic means covered by the regulations, 

  5. changes to the Seller’s data, including e-mail address and telephone number. 

  1. Amendments to the regulations do not affect the placed and already implemented orders; the regulations in force at the time of placing the order shall apply to them. The Seller informs about the intended change on the store’s website at least 30 days in advance. If the amended regulations are not accepted, the Customers may terminate the contract with immediate effect within 30 days of receiving the notification about changes. 

  2. Disputes arising as a result of the provision of services under these Regulations will be submitted to the General Court at the choice of the Customer who is also a consumer, in accordance with the relevant provisions of the Polish law.

  3. Attachments to the Regulations constitute an integral part hereof.

  4. The contract of sale is concluded in the Polish language; its content complies with the Regulations.

  5. The customers of the above mentioned store may access these Regulations at any time via link placed on the main page, download it and make a printout, however, its commercial use is subject to the protection of the LEGATO Law Firm. 

  6. The Regulations come into force on……………………. 

Note on copyright to the Sales Regulations


LEGATO Law Firm is the owner of all copyrights to these template of the Sales Regulations, who granted this store a non-exclusive and non-transferable right to use these Sales Regulations for purposes related to its own online commercial activity and extends legal protection to the above-mentioned document for duration of the contract. Copying and distributing these Sales Regulations without the consent of the LEGATO Law Firm is prohibited and may be subject to both criminal and civil liability. Online sellers can find out more about the possibility of using the template of the Sales Regulations at http://www.kancelaria-legato.pl/

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