WEBSHOP TERMS AND CONDITIONS
AVAILABLE AT:www.e-Alinox.pl
Section 1
GENERAL PROVISIONS.
1. The terms used in the Terms and Conditions shall have the following meaning:
a) Seller/Service Provider - Alinox Spółka z Ograniczoną )dpowiedzialnością in Mysłowice 41-400, ul. Partyzantów 7, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court Katowice-Wschód in Katowice, VIII Commercial Division of the National Court Register under the number KRS: 0000279327, Tax Identification Number (NIP): 6431705926 and Statistical Number (REGON): 240587806, share capital of: PLN 2.300.000,00, e-mail: [email protected],
b) Customer/Client - a natural person who is not a consumer within the meaning of the Civil Code, a legal person or an organizational unit who is not a legal person, having legal capacity under the law, having the Customer Account and/or who is receiving newsletter,
c) Customer Account - an individual account of the Customer in the Webshop by which the Customer may place Orders.
d) Webshop - Internet service available at: www.e-Alinox.pl, allowing the Customer to place Orders in order to purchase Products presented on the site from the Seller,
e) Products - movables presented by the Seller in the Webshop, which may be a part of the Order placed by the Customer.
f) Registration Form - an e-form available in the Webshop used for the registration of the Customer by creating the Customer Account.
g) Order - a declaration of the Customer about the intention to conclude a Product sales agreement with the Seller, sent in an electronic form via the Customer Account, specifying in particular the type and quantity of the Products ordered,
h) Terms and Conditions - these terms and conditions of the Webshop available at: www.e-Alinox.pl/en/regulamin, which constitute the terms and conditions for providing e-services by the Service Provider,
i) GTCS - General Terms and Conditions of Sale of the Seller, the content of which is available on the Seller’s website at: www.e-Alinox.pl/en/ows,
j) E-Services - services provided by the Service Provider in an electronic form via the Webshop.
2. The Webshop is run by the Seller.
3. The Terms and Conditions define the rules and procedures for placing orders by Customers exclusively in the Webshop, aiming at conclusion of a Product sales agreement with the Seller. The Terms and Conditions constitute also the terms and conditions for providing e-services by the Service Provider.
4. All and any information presented in the Webshop, in particular information about the Products, do not constitute an offer within the meaning of the Civil Code and only an invitation to conclude an agreement referred to in Article 71 of the Civil Code.
5. The Buyer acknowledges and agree that the provisions of Article 661 (2 and 3) of the Civil Code shall not apply to the sales agreements to be concluded via the Webshop.
6. The Seller executes the Orders within the Republic of Poland and abroad.
Section 2
PROVIDING E-SERVICES BY SERVICE PROVIDER.
1. The Service Provider provides the following free E-Services:
a) the services including the possibility to create the Customer Account as well as the possibility to use this account,
b) communication services enabling the Client to send the Orders to the Service Provider (the Seller) via the Webshop and using the Customer Account,
c) newsletter services where the Service Provider, with the consent of the Client, may send up-to-date information (including commercial information) to the e-mail address specified by the Client, concerning the offered products and services as well as any promotions.
2. The Service Provider reserves its right to discontinue the services referred to in point 1 at any time and without giving the reason. Any discontinuation of the abovementioned services shall not in any way affect the content and implementation of the Product sale agreement concluded via the Webshop before the discontinuation of the services by the Service Provider (the Seller).
3. In order to receive newsletter referred to in point 1(c), the Client shall check a relevant box in the Registration Form marked as “Subscribe to Newsletter” during the process of creating the Customer Account.
4. Using the newsletter service is available also without the need to create the Customer Account. In such a case, it is necessary to enter the e-mail address in an appropriate box available at the Webshop and to click “Subscribe” button.
5. Using the newsletter service requires that the Client gives its consent on processing its personal data for marketing purposes and on receiving commercial information by e-mail from the Service Provider.
6. To work with the IT system used by the Service Provider and thus, to use E-Services provided by the Service Provider, it is necessary to have a device with at least the following technical specification:
a) enabling web browsing,
b) having the Internet access,
c) having one of the following software for browsing the websites:
- in case of computers:
Microsoft Internet Explorer 9 or a later version;
Mozilla Firefox 3.5 or a later version;
Apple Safari 5 or a later version;
Google Chrome 7 or a later version;
with Adobe Flash plug-in in the browser;
- in case of mobile devices:
Apple Safari with iOs, version 7 at least – in case of iPhone or iPad;
Google Chrome with Android, version 4.0 at least.
7. The Client shall not provide any illegal content via the Webshop.
8. Complaints concerning the Webshop operations may be submitted by e-mail to the Service Provider: [email protected]
9. The Service Provider shall recognize the submitted complaint and inform the Client about the recognition procedure within 14 days from the date of its receipt. The information about the recognition of the complaint shall be sent by the Service Provider to the e-mail address from which the complaint has been sent. In justified cases, the Service Provider may provide the Client with an information about the manner of recognition of the complaint in other form.
Section 3
REGISTRATION OF CUSTOMER
1. The Customer Account is created by filling in and sending the Registration Form which is available in the Webshop.
2. The following data shall be provided to fill in the Registration Form correctly:
a) name and surname of the person who creates the Customer Account,
b) Tax Identification Number (NIP) of the Customer, that is the entity/entrepreneur who creates the Customer Account or on behalf of who the Customer Account is created,
c) address of the Customer,
d) telephone number and e-mail address for the direct contact with the Customer.
3. The person who creates the Customer Account on behalf of any entity declares that he/she is authorized to create the Customer Account on behalf of this entity/entrepreneur, inclusive of giving the consent on the content of these Terms and Conditions as well as the General Terms and Conditions of Sale (GTCS) referred to in Section 4(5) hereof as well as concluding the agreements with the Seller via the Webshop. It is presumed that the person who places the Order using the Customer Account is a person authorized to conclude agreements on behalf of the Customer.
4. The Customer shall be obliged not to disclose data which enables to place the Order using the Customer Account, i.e. name (login) and password to a person who is not authorized to conclude agreements on behalf of the Customer. The Customer shall be liable for damages arising out of use of the Customer Account by any person who is not authorized to conclude agreements on behalf of the Customer.
5. A prerequisite for the creation of the Customer Account is that the Customer shall submit declarations that he/she has familiarized with the content of the Terms and Conditions and entirely accepts their provisions and that the current General Terms and Conditions of Sale (GTCS) referred to in Section 4(5) hereof shall apply to each agreement to be concluded by the Customer with the Seller via the Webshop.
6. The declaration on reviewing the content hereof and the acceptance of its provisions shall be submitted by the Customer directly before sending the Registration Form by checking a relevant box including the content of such a declaration. If the abovementioned box is not checked and thus, if the declaration is not made, the Customer Account cannot be successfully created.
7. The declarations on the acceptance of the current General Terms and Conditions of Sale (GTCS) referred to in Section 4(5) hereof shall be submitted by the Customer directly before sending each Order by checking a relevant box including the content of such a declaration. If the abovementioned box is not checked and thus, if the declaration is not made, the Order cannot be successfully sent.
8. The Seller reserves its right to remove the Customer Account in justified cases, and particularly if:
a) the Customer’s requests to remove it,
b) the Client makes data which enables to place the Order using the Customer Account available, i.e. name (login) and password to a person who is not authorized to conclude an agreement with the Seller on behalf of the Customer,
c) false data are provided in the Registration Form,
d) a fictitious Customer Account is created, i.e. if the account is assigned to a non-existing entity,
e) the Customer withdraws the consent on the content of the Terms and Conditions or GTCS,
f) the Customer does not give his/her consent on the amended content of the Terms and Conditions or GTCS,
g) the Customer does not use the Customer Account, i.e. in case of not logging in for the period of at least 2 years,
h) the Customer violates the provisions hereof.
9. The Client shall be entitled to resign from E-Services provided by the Service Provider by removing the Customer Account and in case of newsletter, by sending an e-mail including the declaration on the resignation from the newsletter.
Section 4
CONCLUSION OF SALES AGREEMENT VIA WEBSHOP
1. To purchase the Products, the Customer shall log in to his/her Customer Account, select the parameters and the quantity of the Product to be purchased and goes to the Cart to place the Order via the Webshop. The Order sent by the Customer constitutes an offer of the Customer submitted to the Seller.
2. The Seller shall, upon receiving the Order (offer) from the Customer, send the Customer a declaration on the acceptance or refusal of the received offer. The Seller shall also be entitled to send back the offer to the Customer, stipulating any changes or additions to its content, in particular in order to provide the Customer with necessary assistance, if (according to the Seller) the Customer chose incorrect parameters of the Ordered Products.
3. The Product sales agreement shall be deemed as concluded upon receipt of the Seller’s declaration by the Customer on the acceptance of the offer or upon receipt of the Customer’s declaration by the Seller on the acceptance of the offer sent back by the Seller with the stipulation of changes or additions thereto.
4. In case of each sales agreement concluded via the Webshop, the place of conclusion of the agreement shall be the seat of the Seller.
5. To all Product sales agreements concluded via the Webshop, the current General Terms and Conditions of Sale of the Seller shall apply, the current content of which is available on the Seller’s website at: www.e-Alinox.pl/en/ows, unless the Customer and the Seller agree that certain provisions of the General Terms and Conditions of Sale shall not apply to a particular agreement or agreements. The abovementioned arrangements between the Customer and Seller shall be made in writing or sent by e-mail, otherwise shall be null and void.
Section 5
PERSONAL DATA PROTECTION.
1. Personal data provided by the Customer in relation to the creation of the Customer Account are collected in order to conclude and implement Product sales agreements via the Webshop, according to the provisions of the Personal Data Protection Act of August 29, 1997.
2. Personal data of the Customer may be transferred in order to implement the sales agreement to the entities through which the Products are delivered to the Customer.
3. The Seller shall be the administrator of personal data.
4. The Customer provides personal data at its own accord, however it shall constitute a prerequisite for a successful creation of the Customer Account and conclusion of the Product sales agreement via the Webshop.
5. The Customer shall have the right to access the content of its data and to correct it.
Section 6
FINAL PROVISIONS.
1. The Terms and Conditions is available on the website of the Webshop, i.e. at: www.e-Alinox.pl/en/regulamin, in the form allowing for saving it and storing as well as displaying on the device of the Client.
2. To all matters not settled herein, the provisions of applicable law shall apply.
3. All disputes arising out of the use of the Webshop or in connection with such use shall be submitted for the settlement before the Common Court of proper jurisdiction for the seat of the Service Provider.
4. The Terms and Conditions shall be effective on the date of making them available in the Webshop.
5. The Seller reserves its right to change the content hereof. In case of any change to the content hereof, the Service Provider shall send the amended Terms and Conditions to the Client by e-mail. Moreover, next time the Customer logs in to the Customer Account, the Client will be asked to revise and accept the amended content of the Terms and Conditions. The acceptance of the amended content of the Terms and Conditions is required for further use of E-Services provided by the Service Provider. If the Client receives newsletter, lack of an immediate response (including the declaration of the Client on the resignation from newsletter) to the abovementioned e-mail including the amended content of the Terms and Conditions shall be deemed as the acceptance of the provisions of the amended Terms and Conditions concerning newsletter.