Buyer and the Seller can take place in two ways.
>The Buyer has the right to place any order for negotiations with the Seller , including the provisions of the rules below. Negotiations should be conducted in writing and addressed to the Seller ( KM Krzysztof Makowski, ul Zawisza Czarnego 91, 52-241 Wrocław ).
In case of cancellation by the Buyer of the possibility of concluding the contract by individual negotiations, the following rules and regulations apply.
REGULATIONS
§1 Definitions
- Postal address - name of institution, location in the locality (in the case of a town divided into streets: street, building number, apartment or apartment number;
- Complaint address:
- Price list - at the address youngalmighty.com/page/payment-and-delivery the list of available types of delivery and their costs.
- Contact details:
- Delivery - type of transport service with the description of the carrier and the cost listed in the price list at the address youngalmighty.com/page/payment-and-delivery
- Proof of purchase - invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of 11 March 2004, as amended, and other applicable laws.
- Product card - a single storefront containing information about a single product .
- Legal entity, legal person or organizational unit not having legal personality and possessing legal capacity, acting at the Seller's disposal connected directly with her business or professional activity.
- Civil Code - Act of Civil Code of April 23, 1964, as amended.
- Code of good practice - a set of rules of conduct, in particular the ethical and professional standards referred to in Article 2 5 of the Act on Counteracting Unfair Market Practices of 23 August 2007, as amended.
- Consumer - a legal adult who is a legal person, who makes a purchase from a Seller not related directly to his business or profession.
- Basket - a list of products made out of the products offered in the shop based on the Buyer's choice.
- Buyer - both Consumer and Customer .
- Place of issue - postal address or collection point indicated in the order by the Buyer .
- Moment of issue of the item - the moment in which the Buyer or his third party will identify the item in his possession.
- Internet platform ODR - EU internet service based on Regulation (EC) No 524/13 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and the amendment of Regulation (EC) No 2006/2004 and Directive 2009 / 22 / EC and available at https://webgate.ec.europa.eu/odr
- Payment - method of payment for the subject of the contract and the delivery mentioned at the site
- Entity authorized - an entity entitled to extradite consumer disputes within the meaning of the Law on out-of-court resolution of consumer disputes of 23 September 2016, as amended.
- Consumer Law - Consumer Rights Act of 30 May 2014.
- Product - the minimum and indivisible quantity of items that can be the subject of the order and which is given in the seller's shop as a unit of measurement when determining its price (unit price).
- Subject of the contract - products and supplies subject to the contract.
- Object of the contract - subject of the contract.
- Pick up point - place of issue of the item not the postal address mentioned in the statement made available by the Seller in the store .
- Register of UOKiK - register of entities authorized by the Office of Competition and Consumer Protection pursuant to the Law on out-of-court resolution of consumer disputes of 23 September 2016 as amended and available at:https://uokik.gov.pl/rejestr_podmiot_uprawionych.php
- Movable item that may or may not be the subject of the contract .
- Shop - an internet service available at the address of the website, via which the buyer can place an order .
- Seller:
- System - A team of interoperable information and software devices that provides processing and storage, as well as sending and receiving data over telecommunications networks using a network-specific endpoint, commonly referred to as the Internet.
- Time of execution - the number of hours or working days indicated on the product card .
- Contract - an agreement concluded away from business premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 for Consumers and a sale agreement within the meaning of art. 535 Civil Code of April 23, 1964, in the case of Buyers .
- Disadvantage - both a physical defect and a legal defect.
- Physical defect - incompatibility of the thing sold with the contract, and in particular if the item:
- it does not have the property which this kind of thing should have because of the purpose of the contract as determined either by circumstance or destination;
- Seller has provided the Consumer ,
- >span class="notranslate">is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract and the Seller did not raise any objection to such a destination;
- was issued to the consumer in incomplete state;
- in the event of improper installation and commissioning, if these activities have been performed by the Seller or the third party for which the Seller is responsible or by the Consumer who has acted in accordance with the instructions received from the Seller ;
- it does not possess the qualification provided by the manufacturer or his representative or the person who places the item on his or her business and the person who, by affixing the name, trademark or other distinctive sign to his or her sale, Sellers of these assurances did not know or could reasonably be aware of, or could not influence, the consumer's decision to conclude a contract , or if their content was correct prior to the conclusion of the contract.
- Legal Dispute - the situation when the item is sold is owned by a third party or is levied by the third party's right, and if the restriction on the use or disposal of the item results from a decision or a decision of the competent authority.
- Order - statement of the will of the Buyer made through the shop clearly defining: type and quantity of products ; delivery type; type of payment ; Place of issue , Buyer's data and aiming directly to enter into an agreement between Buyer and Seller .
Krzysztof Makowski Ul Zawiszy Czarnego 91 52-241 Wroclaw
Krzysztof Makowski Ul Zawiszy Czarnego 91 52-241 Wroclaw
E-mail: sklep@youngalmighty.pl phone: 784 697 460
Krzysztof Makowski Ul Zawiszy Czarnego 91 52-241 Wroclaw
NIP: 899-282-50-20 , REGON: 36793795 , GIODO: 123456 registered and visible in CEIDG records at: https: //prod.ceidg.gov.pl/CEID ... (find your entry in CEIDG and insert a link here, copy it from the browser bar!) or in the National Court Register under number: 111222333 BANK ACCOUNT: 53 1910 1048 2944 0427 4694 0001
- The contract is concluded in Polish, in accordance with Polish law and these regulations.
- Place of issue must be in the territory of the Republic of Poland .
- The seller is obliged and obliged to provide the service and deliver the item free from defects .
- All prices quoted by the Seller are expressed in Polish currency and are gross (including VAT). Product prices do not include the cost of delivery , which is specified in the price list .
- All dates are calculated according to art. 111 of the Civil Code , ie, the term marked in days ends with the end of the last day, and if the beginning of the date marked in days is a certain event, it shall not be taken into account when calculating the date of the day in which that event occurred.
- Confirmation, access, consolidation, securing of all important provisions of the agreement in order to gain access to this information in the future takes place in the form of:
- Confirmation of the order by sending to the indicated e-mail address: order, pro forma invoice, information on the right of withdrawal, these regulations in the pdf version, model withdrawal form in pdf version, links to self-download rules and withdrawal template;
- to attach to the completed order , sent to the indicated place of issue of printed matters : purchase certificate , information on the right to withdraw from the contract, these regulations, model withdrawal form.
- The seller informs you of the third party warranties for the products in the store .
- The Seller shall not charge any fees for communication with him by means of distance communication and the Buyer shall bear the costs incurred in connection with the contract he has entered into with a third party providing his services with a remote communication service.
- The seller provides the shopper with the correct browser functionality in the following browsers: IE version 7 or higher, FireFox version 3 or higher, Opera version 9 or higher, Chrome version 10 or higher, Safari with the latest versions of JAVA and FLASH, Horizontal over 1024 px. Using third-party software that affects the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the proper display of the store, therefore, for the full functionality of the shop youngalmighty.pl , all should be disabled.
- Buyers can use the option to store their data through the store to facilitate the ordering process. To this end, the buyer should provide the login and password required to access his account. Login and password are a string of characters set by the Buyer , which is obliged to keep them secret and protect them from unauthorized access to third parties. You have the ability to view, correct, update and delete your account at any time.
- The seller applies the code of good practice .
- The Buyer is obliged to:
§3 Conclusion and implementation
- Orders can be made 24 hours a day.
- In order to place an order, the buyer should perform at least the following steps, some of which may be repeated:
- adding to the product basket ;
- choice of delivery type;
- choice of payment type;
- choosing the place of issue ;
- Place your order via the " Buy and pay " button.
- The contract is concluded with the consumer at the moment of placing the order .
- Realization of the order The consumer paid for the collection takes place immediately, and the payment order is made by wire transfer or electronic payment system after the payment of the consumer's payment to the Seller's account, which should take place within 30 days of placing the order , unless the consumerwas unable to fulfill his fault and inform the Seller of this.
- The contract is concluded with the Customer at the moment of acceptance of the order by the Seller , which he informs the Customer within 48 hours of placing the order .
- Realization of the Customer's order for payment takes place immediately after the conclusion of the contract , and the order is paid by wire transfer or through the electronic payment system after the conclusion of the contract and the payment of the Customer's payment on the Seller's account.
- Execution of the Customer's order may be subject to payment of all or part of the value of the order or obtaining the credit limit of the merchant at least the value of the order or consent of the Seller to send the order for collection (payable on receipt).
- Submission of the subject of the contract takes place within the deadline specified on the product card , and for multi- product orders with the longest deadline specified on the product sheet . The deadline starts when the order is being processed .
- Purchased item of the contract is accompanied by the Buyer's document of sale sent to the Buyer selected by the type of delivery to the place of deliveryspecified by the Buyer in the order , together with the enclosed appendices referred to in §2 point 6b.
§4 Right to withdraw from the contract
- The consumer is entitled under Art. 27 Consumer 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 Consumer Law .
- The term of withdrawal is 14 days from the date of issue of the item , and it is sufficient to send a statement before expiration.
- Declaration of withdrawal The consumer can submit on the form, the model of which is attached as Annex 2 to the Consumer Law , on the form available at the site www.samsung.com.pl/form-reform or in another form in accordance with the Consumer Law .
- The seller will immediately confirm to the Consumer on the e-mail (given at the conclusion of the contract and if given in the statement) receive a withdrawal notice.
- In the event of withdrawal, the contract is considered not to be.
- The consumer is obliged to return the item to the Seller promptly, however not later than 14 days after the date on which he has withdrawn from the contract. It is enough to return the item before it expires.
- The consumer shall return the goods which are the subject of the contract from which he has at his own expense.
- The consumer does not bear the cost of providing digital content that is not recorded on a material medium unless he has agreed to meet the benefit prior to the expiration of the withdrawal period or has not been informed of the loss of his right of withdrawal at the time of giving such consent. provided confirmation in accordance with art. 15 sec. 1 and Art. 21 sec. 1. Consumer law .
- The consumer is responsible for reducing the value of the thing being the subject of the contract and resulting from the use of it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the thing.
- The Seller shall, without delay, within 14 days of receipt of the consumer's withdrawal notice, return to the Consumer all payments made by him, including the costs of delivery to the Consumer of the Goods, and if the Consumer chooses a delivery other than the cheapest ordinary delivery method offered by Of the Seller , the Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law .
- The Seller reimburses the payment using the same method of payment as used by the Consumer , unless the Consumer expressly agrees to another payment method that does not involve him at all.
- The seller may refrain from reimbursing the payment received from the Consumer until the item is returned or delivery by the consumer proof of his return, whichever occurs earlier.
- To the consumer pursuant to Article 38 of the Consumer Law, there is no right to withdraw from the contract:
- Seller does not exercise control and which may occur before the expiration of the withdrawal period;
- >span class="notranslate"
subject of which is an unspecified item, made to the consumer's specifications or catered to his individual needs; - >span class="notranslate"
subject matter of which is a matter that is rapidly deteriorating or has a short shelf-life; - >span class="notranslate"
item is delivered in a sealed package which can not be returned for health or hygiene reasons when the package is opened if the packaging has been opened after delivery; - >span class="notranslate"
subject matter of which is the provision of goods which, by their nature, are inseparably linked to other things; - >span class="notranslate"
subject of which is audio or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery; - >span class="notranslate">to provide digital content that is not recorded on a material medium if the performance of the benefit has begun with the express consent of the consumerbefore the expiry date and after informing the trader of the loss of the right to withdraw from the contract;
- to provide journals, periodicals or periodicals, except for subscriptions.
- Seller based on art. 558 § 1 of the Civil Code completely excludes liability to Customers for physical and legal defects (warranty).
- The seller is liable to the consumer on the terms set forth in Art. 556 Civil Code and subsequent for defects (warranty).
- In the case of a consumer agreement, if a physical defect was discovered within one year of the issue of the item , it is assumed that it existed at the time of the danger to the consumer .
- The consumer if the item has a defect may:
- make a declaration of demand for price reduction;
- make a declaration of withdrawal;
- The consumer may, instead of the proposed defect removal proposed by the Seller, replace the defective item or replace the defective item instead of replacing the defect, unless it is impossible to bring the item into compliance in the manner chosen by the Customer or require excessive costs compared to the method proposed by the Seller. Whereas, in assessing the cost overrun, the value of the defective item, the nature and significance of the defect found, is taken into account, and the disadvantages that would otherwise be exposed by the consumer would be taken into account.
- The consumer can not withdraw from the contract if the defect is irrelevant.
- The consumer if the item has a defect may also:
- demand replacement of items free of defects;
- demand removal of defect.
- The seller is obliged to exchange the faulty defect free or to remedy the defect within a reasonable time without undue inconvenience to the consumer.
- The seller may refuse to satisfy the Consumer's claim if it is impossible for the buyer to comply with the contract in the manner chosen by the buyer, or it would be unreasonably costly to compare the second way possible.
- In the event that a defective item has been assembled, the consumer may demand dismantling and re-assembly from the Seller following a defect free or defect replacement, but shall be liable for part of the costs incurred above the price of the item sold or may require the Seller to pay part of the costs. dismantling and re-mounting, up to the price of the item sold. In the event of default by the Seller , the Consumer is entitled to perform these activities at the expense and risk of the Seller .
- A consumer who exercises warranty rights is obliged at the expense of the Seller to provide a defective address to the complaint address, and if, due to the nature of the item or the way it was assembled, the delivery of the item by the consumer would be excessively difficult. the thing is In the event of default by the Seller, the consumer is entitled to return the goods at the expense and risk of the Seller .
- Replacement or repair costs are borne by the Seller , except as described in §5 (10).
- The seller is obliged to accept the defect from the consumer in case of exchange of goods free of defects or withdrawal of the contract.
- The seller shall , within fourteen days, 561 5 Civil Code : Declaration of demand for price reduction, request for replacement of goods free of defects, request for removal of defect. The Seller shall , within thirty days (Article 7a of the Consumer Law ), comply with any other Consumer Statement which is not covered by the Civil Code of 14 days.
- The Seller is liable under the warranty if the defect is discovered within two years of the date of delivery of the item to the Consumer , and if the item is sold before the end of the year from the time the item was delivered to the Consumer .
- The consumer's claim for the removal of a defect or replacement of a defective item shall expire on the expiry of the year from the date of the defect, but not earlier than two years after the issue of the item to the consumer , and if the object is sold before the end of the year from the date issue the item to the consumer .
- In the event that the expiry date of the item ends after two years from the date of delivery of the item to the Consumer , the Seller shall be liable for the physical defect of the item found before the expiry of that period.
- Within the deadlines specified in §5 item 15-17, the consumer may make a declaration of withdrawal or price reduction due to a physical defect of the item being sold, and if the consumer requests replacement of the item free of defects or defect removal, the period of time for submitting a declaration of withdrawal contract or price reduction begins with the expiry of the time limit for the replacement of the item or the removal of the defect.
- In the event of a court order or an arbitration court of one of the rights under the warranty, the time limit for exercising other powers vested in the Consumer in question shall be suspended until the final termination of the proceedings. The same applies to mediation proceedings, but the time limit for enforcing other warranty rights granted to the consumer begins to run from the date the court approves the settlement concluded before the mediator or the mediation has ended unsuccessfully.
- For the exercise of rights under the warranty for legal defects of a sold item, §5 pts. 15-16 shall apply, except that the period of time begins with the date on which the consumer learned of the existence of the defect and if the consumer has learned of the existence of the defect only after Third-party actions - from the date on which the judgment given in the dispute with a third party has become final.
- If, due to a defect, the consumer has made a declaration of withdrawal or a price reduction, he may demand compensation for the damage he suffered by the fact that he entered into an agreement without knowing of the existence of the defect, even if the damage was a consequence of circumstances beyond the control of the seller . In particular, it may demand reimbursement of contract costs, costs of collection, transportation, storage and insurance of items, reimbursement of expenses to the extent that they have not benefited from them, and have not received their return from a third party and reimbursement of costs. This does not prejudice the obligation to pay compensation under general principles.
- The expiry of any time to declare a defect does not exclude the exercise of rights under the warranty, if the Seller has fraudulently concealed.
- The seller , if he is obliged to provide or provide financial services to the consumer, will do so without undue delay, no later than the time allowed by law.
unless the Seller promptly and without undue inconvenience to the Consumer will replace the faulty item free of defects or defect will be removed. However, if the item has already been exchanged or repaired by the Seller or the Seller has not made the obligation to exchange the item free of defects or remove the defect, he shall not be entitled to exchange the item or remove the defect.
Otherwise it is considered to have justified the statement or the request of the Consumer .
§6 Privacy policy and personal data security
- The administrator of the personal databases provided by the Consumer Shop is the Seller .
- The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Electronic Services Act of 18 July 2002. Buyer gives his personal data when placing an order. The Seller agrees to their processing by the Seller in order to execute the order placed. You have the ability to view, correct, update and delete your personal information at any time.
- The detailed rules for collecting, processing and storing personal data used for order processing by the store are described in the Privacy Policy at http://youngalmighty.pl/page/policyka_price
- Nothing in these Terms and Conditions is intended to infringe Buyer's rights. Neither can it be interpreted as, in the case of non-compliance of any part of the regulations with the applicable law, the Seller declares absolute submission and application of that right in place of the contested provision of the Rules of Procedure.
- Changes to the rules and their scope registered Buyers will be notified by e-mail (indicated on the registration or ordering e-mail). The notice will be sent at least 30 days before the entry into force of the new regulations. Amendments will be introduced to adjust the rules to the legal status in force.
- The current version of the Terms and Conditions is always available to the Buyer in the Regulations tab ( http: //youngalmighty.pl/page ... ). During the execution of the order and throughout the duration of the post-sale care of the Buyer, the regulations accepted by the purchaser during the order submission process. Except where the consumer considers him to be less favorable than the current one, he shall inform the Seller of the current selection as valid.
- In matters not covered by this Regulation, the applicable legal regulations apply. Disputed issues, if the consumer expresses such a will, is solved by way of mediation proceedings before the Voivodship Inspectorates of Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of Trade Inspection. The consumer may also use equivalent and lawful means of pre-trial or out-of-court dispute resolution, for example through the EU ODR web platform or by selecting any of the legitimate entities within the UOKiK. The seller declares his intention and agrees to the out-of-court resolution of the consumer dispute.
Lastly, the matter is decided by the local and local court.