• Terms and Conditions

Regulations

1. GENERAL PROVISIONS


1.1 These Regulations define the general conditions for making Orders in PolyPells.com online shop, hereinafter referred to as "the shop".

1.2 PolyPells.com online shop operating at the electronic address www.PolyPells.com is run by: TRESNO Marcin Orzechowski with its seat in Warsaw, address: Witolińska 2/18, 04-185 Warsaw, acting on the basis of the entry in the Central Register of Business Activity and Information, NIP: 5242515058, REGON 361493744.

1.3 Store contact details

info@PolyPells.com

tel. 514 157 888

1.4 The terms used in the Regulations shall mean:

Price - means the gross price of the Goods, placed next to the information about the Goods. Prices are expressed in Polish zloty and include VAT. Prices do not include delivery costs.


Personal data - a set of User's data, including the Ordering Party's, of a personal nature, processed in order for the Seller to carry out the Order or provide other Seller's services at the request of the User.


Password - individual string of characters chosen by the User, used to log into the Account.


Consumer - a natural person making purchase in PolyPells.com Internet shop not directly connected with his/her economic or professional activity.


Account - User's individual account, created after the Registration, by means of which he/she makes Orders or uses other services of the Seller.


Basket - electronic form made available by the Seller on the website of the Store, by means of which the Purchaser places Orders for Goods offered by the Store.


Delivery costs - fees charged for delivery of Goods to the Purchaser.


Payment - action consisting in paying, in a manner specified in these Regulations, the indicated Price of Goods and Delivery Costs.


Order processing - activities undertaken by the Seller in order to deliver the ordered Goods to the address indicated by the Purchaser. Execution of the Order comprises: preparation of the Order for shipment and delivery of the Order to the Purchaser.


Registration - action consisting in providing appropriate data, including Personal Data, which are necessary to create an Account for the User.


Shop - PolyPells.com Internet shop available at the electronic address www.PolyPells.com.


Seller - TRESNO Marcin Orzechowski located in Warsaw, address: Witolińska 2/18 street, 04-185 Warsaw, acting on the basis of the entry to the Central Register of Records and Information on Economic Activity, NIP: 5242515058 REGON 361493744 , the owner of the PolyPells.com Internet shop, performing through it the sale of Goods without the simultaneous presence of the Parties, with the use of telecommunication network.


Parties - Seller and Purchaser.


Goods - movables offered by the Seller for sale in the internet shop PolyPells.com


Agreement - sales agreement of Goods offered by the Seller, concluded without the simultaneous presence of the Parties, with the use of telecommunication network.


User - anyone who uses the Store's website, including the Orderer.


Purchaser - a natural person (including Consumers) or a legal person or organizational unit with legal capacity, who purchases Goods in the Store.


Order - legal action performed with the use of a shopping cart, during which the Orderer expresses his will to purchase selected Goods according to their description, Price and Delivery Costs.

1.5 You acknowledge that the sale of Goods in the PolyPells.com online shop takes place using a computer system that ensures the processing and storage, as well as sending and receiving data via telecommunication networks, in accordance with the Act of 18 July 2002 on electronic services.


1.6 The content of the Shop pages is the property of the Seller and is legally protected.


1.7 The use of the Shop pages can be made only under the terms of these Regulations.


1.8 Before using the pages of the Shop, especially before placing an Order, you should read the content of these Terms of Use.


1.9 In order to use the pages of the Store, you should have a computer or a device with installed software that allows you to view websites and access to the Internet. In order to avoid errors while using the services of our Store and placing orders, it is recommended to use one of the following web browsers: Google Chrome, Internet Explorer, Opera - Mozilla, Firefox, etc.
In order for the proper functioning of the pages of the Store, your computer or device should have cookies enabled.


1.10. In order to make an Order, the User should have an active electronic address and an active phone number.


1.11. Photos of the Goods and descriptions placed under individual Goods come from the Seller.

1.12. Trade names, names, descriptions or trademarks published at the Shop are legally protected. Any use may be made only with the prior written consent of the Seller.


1.13. The User is obliged to refrain from any actions infringing the intellectual property rights of the Seller.


1.14. You should refrain from any actions that could hinder or disrupt the operation of the Shop. User acknowledges that any action involving an attempt to destabilize the Shop may be considered a crime under the provisions of the Criminal Code.


1.15. User is obliged to refrain from delivering, in any form, unlawful content.


2. REGISTRATION.


2.1 Registration of a User in the Shop is free of charge.


2.2 Registration is not necessary to browse the pages of the Shop, as well as to place an Order. Registration allows the User to browse the history of Orders and receive additional services of the Seller at the request of the User.

2.3 User Registration is done by completing the Form. Before completing the Form, please read the Terms of Use and the Privacy Policy.


2.4 After filling in the Form, the registration process is completed. The User is automatically logged in to his/her Account - from that moment on, the User has an active Account in the Shop and can make Orders using his/her Account without the necessity of another Registration.


3 ACCOUNT


3.1 Having an Account enables the User in particular:
a) to make Orders,
b) access to the status and history of Orders,
c) insert, edit or delete data, including delivery addresses.


3.2 Logging to the Account consists in providing the e-mail address and the Password established by the User during the Registration process. The User's email address is the name (login) of the User.


3.3 The User acknowledges that the Password to the Account is confidential. In order to ensure proper protection of the Password, it is recommended to change it. In order to ensure greater security, the Password shall consist of upper and lower case letters, and shall contain digits or special characters.


3.4 The User should report any breach of confidentiality of the Password to the Seller immediately after discovering the breach.


3.5 If the Password is lost, the User may apply to the Seller to set a new password which is of a temporary nature, allowing to log into the Account. In order to do so, the User shall use the icon "Forgotten your password?" made available on the page of logging into the Account. After the User enters his/her e-mail address, an e-mail with a link which enables logging into the Account and changing the Password shall be sent to that address.


3.6 It is forbidden to make your Account available to third parties.


4. CONCLUSION OF THE CONTRACT

4.1 The Orderer makes an Order using the Basket.

4.2 The Ordering Party acknowledges and accepts that placing an Order entails the obligation to pay the Price and the Delivery Costs.

4.3 The Order is placed by clicking on the "Order and Pay" icon.

4.4 Before placing the Order, the Customer shall select the Goods and their quantity, make a choice of the form and method of Payment. In the next step, if the Orderer has an Account, he/she shall log in to his/her Account, he/she can make an order without registration or make a registration. Then the User is asked to provide the delivery address.

4.5 Before placing an Order, the Ordering Party, by means of the Basket, shall be informed about the selected Goods and the total amount due to the Seller for its purchase and shipment, i.e. Price and delivery costs of the Goods to the Ordering Party, which the Ordering Party is obliged to cover; the selected method of payment, method and time of execution of the Order by the Seller.

4.6 Placing an Order is possible only after previous familiarisation with and acceptance of the content of these Regulations.

4.7 By clicking on the icon "Order and pay" the Buyer confirms that he accepts the selected Goods in accordance with their description, Price and Delivery Costs, and expresses his will to purchase them in accordance with these Regulations, committing himself to pay for them. At the same time the Purchaser confirms that he/she has read and accepts the terms of delivery and payment applicable at the Seller, as specified in these Terms and Conditions.

4.8 The moment the Buyer clicks on the button "Order and pay", a Contract is concluded between the Buyer and the Seller, according to which the Buyer is obliged to pay the Price and cover the delivery costs of the Goods, while the Seller is obliged to implement the Order and deliver the ordered Goods to the Buyer without any defects and in a way and place indicated by the Buyer.

4.9 The Seller will immediately confirm (i.e. on the same day when the Order was placed) to the Purchaser the fact of making the Order. The Seller shall send the confirmation to the e-mail address provided by the Purchaser in the Form. The confirmation includes information on selected Goods, quantity, total amount due to the Seller for purchase and delivery costs of the Goods, method of payment, form of shipment and deadline for completion of the Order.

4.10. In the case when it is impossible to execute the Order due to lack of the ordered Goods, the Seller shall immediately inform the Purchaser that the Order cannot be executed.

4.11. The Seller reserves the right to verify the Orders. In cases of reasonable concerns that the Purchaser does not comply with these Regulations, the Seller may withdraw from the implementation of the Order, of which the Seller shall inform the Purchaser.

4.12. The Ordering Party, together with receiving the Order Confirmation from the Seller, should make the Payment for the ordered Goods and cover the delivery costs within 7 days from the date of submitting the Order. All the necessary information concerning Payment is included in the Confirmation sent by the Seller.

4.13. All Goods offered on the website of PolyPells.com are brand new, free from legal defects, and have been legally introduced to the market.

5. PAYMENTS

5.1 The Customer shall make the Payment immediately, but no later than within 7 days from the date of placing the Order.

5.2 The Customer may make Payment by one of the following methods:
a) cash on delivery - the Ordering Party shall make payment for the Price and Delivery Costs of the Goods on collection of the consignment,
b) by bank transfer to the account of the Seller:
Bank: Santander Bank Polska
Account no: 37 1910 1048 2214 4067 1802 0001
Title: Order no.
c) by online electronic transfer
d) payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro

5.3 Payment is considered to be made when the amount due is credited to the Seller's account.

5.4 In the case of making an incomplete Payment, the execution of the order will be suspended until the full payment is made.

5.5 The entity providing online payment service is Blue Media S.A.

6. PROCESSING OF THE ORDER

6.1 The Customer may place an Order on any day of the week. 2.

Order fulfilment takes place within seven days from the date of making the full payment by the Ordering Party or selecting the "cash on delivery" payment option.

6.3 In the case of Order fulfilment within a period other than specified in points 6.1 and 6.2 above. 6.3. In the case of Order completion within a time period other than specified in points 6.1 and 6.2 above, the Seller will send to the Purchaser's e-mail address a confirmation of different terms of Order completion agreed by the Parties.

6.4 In any case, the execution of the Order shall not exceed 30 days counted from the date of making the Payment by the Purchaser, or - in the case of "cash on delivery" payment, 30 days counted from the date of placing the Order by the Purchaser.

6.5 In the absence of full Payment within 14 days from the date of placing an Order, the Seller is entitled to withdraw from the Contract.

7.7 Delivery Conditions and Costs

7.1 The Seller performs the delivery on the territory of Poland and other indicated countries.

7.2 The Goods are delivered via courier company Inpost , Paczkomaty Inpost and ORLEN.

7.3 The cost of delivery:

via ORLEN company is:
a) 10 PLN - payment to the bank account of the Seller

to Paczkomaty Inpost on the territory of Poland is
a) 12 PLN - payment by bank transfer to the bank account of the Seller.

via Inpost courier on the territory of Poland is:
a) 15 zł when choosing a form of Payment by payment into the bank account of the Seller;
b) 18 PLN when choosing a form of payment on delivery.

This cost is added to the value of the Order displayed in the Confirmation.


7.4 At the moment of delivery of the Goods by a representative of the courier company or collecting the Goods from a parcel machine Inpost, the Buyer should check if the Goods have no mechanical damages resulting from transport and if the delivered Goods are compliant with the Order. In the absence of damage or other reservations, the Ordering Party shall confirm the handing over of the Goods with their signature. In the event of observing mechanical damage to the Goods or their non-conformity with the Order, the Ordering Party shall be entitled to lodge a complaint in the manner specified in chapter 9 of the Regulations.

8 Right of withdrawal from the Contract


8.1 The Ordering Party being a Consumer acknowledges that it has the right to withdraw from the Contract, without stating reasons and without bearing any costs, by submitting a written statement addressed to the Seller within 14 days from the date of delivery of the Goods to the Ordering Party.

8.2 To meet the deadline referred to in point. 8.1 it shall be sufficient to send the declaration before its expiry to the Seller's address given in item 1.3 hereof or to the e-mail address of the Seller: . 1.3 of these Terms or to the e-mail address of the Seller: sklep@PolyPells.com.

8.3 Model statement of withdrawal from the Agreement can be downloaded here.

8.4 In the case of withdrawal from the Contract, the Contract shall be considered as not concluded, and the Consumer shall be released from any obligations. What the Parties have provided shall be returned unchanged, unless the change was necessary within the limits of ordinary management.

8.5 In the case of withdrawal from the Agreement, the Seller is obliged to return to the Customer the agreed amount immediately, but no later than within 14 days of receipt of the notice of withdrawal from the Agreement. Reimbursement shall be made by the same method of payment used by the Purchaser, unless he agreed to a different method of reimbursement, which does not entail any costs for him.

8.6 The Customer - a consumer, shall be obliged to return the Goods to the Seller immediately, however, no later than within 14 days from the date of withdrawal from the Contract. To meet the deadline referred to in the preceding sentence, it shall be sufficient to return the Goods before its expiry.

8.7 The Seller may withhold the reimbursement of the Payment referred to in point 8.5 until receipt of the Goods back or until the Orderer - consumer provides evidence of its return to the address of the Seller, whichever occurs first.

8.8 Direct costs of sending the Goods back shall be borne by the Ordering Party.

8.9 In the case when the Ordering Party chose a different way of delivery of the Goods (from the Seller to the Ordering Party) than the cheapest ordinary way of delivery offered by the Seller, in the case when the Ordering Party - consumer exercises the right to withdraw from the concluded Contract, the Seller shall not be obliged to reimburse to the consumer the additional costs of delivery of the returned Goods.

8.10. The Customer shall be liable only for diminution in the value of the item resulting from the use of the item in a manner other than necessary to determine the nature, characteristics and functioning of the item.

8.11. The right to withdraw from the Contract concluded remotely shall not exclude the rights of the Customer under the warranty for physical defects of the Goods.

8.12. The Seller shall inform that the right of withdrawal from the Agreement according to the Act on Consumer Rights shall not apply to agreements
a) 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 provision of services, that after the fulfillment of performance by the entrepreneur will lose the right to withdraw from the contract,
(b) where the object of the supply is a non-prefabricated item produced to the consumer's specifications or intended to meet his individual needs (e.g. made-to-measure or cut-to-measure products);
c) in which the subject matter of the performance is an item supplied in a sealed package which cannot be returned after opening the package for health protection or hygienic reasons, if the package has been opened after delivery;
d) in which the subject-matter of the supply are items which after delivery, by their nature, are inseparable from other items;
(e) in which the consumer has expressly requested the trader to come to him for the purpose of carrying out urgent repairs or maintenance; if the trader provides services in addition to those which the consumer has requested or supplies items other than replacement parts necessarily used in carrying out the repairs or maintenance, the right of withdrawal shall apply to those additional services or items;

8.13. Withdrawal from the contract by the Purchaser who is a Consumer is not possible in cases where the return of services and goods from the acquisition of which, according to applicable law, can not be withdrawn.

9. COMPLAINTS - NON-COMPLIANCE OF GOODS WITH THE CONTRACT

9.1 The Seller shall be liable to the Customer - Consumer if the Goods at the time of their release are inconsistent with the Contract. The Customer - Consumer acknowledges that in the case of non-compliance found before the expiry of a year from issuance of the Goods, it shall be presumed that it existed at the time of issuance.

9.2 In the case of observing inconsistency of the Goods with the Contract, the Ordering Party shall submit a complaint to the Seller.

9.3 In order to enable the Seller to respond to the Ordering Party's reservations, the complaint shall
- be submitted in writing or sent by post to the Seller's address as provided in section 1.3 of these Terms and Conditions or to the Seller's e-mail address: sklep@PolyPells.com
- specify the reason for filing a complaint and indicate the scope of the Purchaser's request;
- include a proof of purchase (e.g. receipt, bill or invoice) - which is not a condition for processing a complaint;
- be signed and contain valid data of the Purchaser,

9.4 The Seller shall examine the complaint within 14 days of its receipt. Within the time limit referred to in the previous sentence, the Seller shall respond to the complaint of the Purchaser by sending a written answer or an e-mail to the address provided by the Purchaser in the complaint.

9.5 In the case of accepting by the Seller a complaint concerning non-compliance of the Goods with the Contract, the Seller shall immediately, and without undue inconvenience for the Ordering Party, replace the Goods with defect-free ones or remove the defect. Otherwise, the Ordering Party shall have the right to make a statement on price reduction or withdraw from the agreement. The Ordering Party may not withdraw from the Contract if the defect is insignificant.

9.6 The Seller shall be liable for non-compliance of the Goods with the Contract only if such non-compliance has been noticed before the lapse of two years from the delivery of the Goods to the Customer.

9.7 In the case of the Buyer, who is not a Consumer, he shall lose his rights of noncompliance of the Goods with the Contract if he did not check the Goods at the time and in the way adopted for such goods and did not notify the Seller of a defect immediately, i.e. not later than within 3 days from the receipt of the Goods, and in the case when a defect became apparent only later - if he did not notify the Seller immediately after it was noticed.

9.8 If the Seller did not accept the complaint of the Purchaser, and the Purchaser does not agree with his decision, the Purchaser may apply for mediation or settlement to the Permanent Consumer Arbitration Court ("Arbitration Court") operating at the relevant Regional Inspectorate of Trade Inspection.

9.9 A case may be submitted to the Arbitration Court by a Consumer, as well as an Ordering Party who is not a Consumer, by submitting an application (depending on the manner of resolving the case, it may be an application for mediation or arbitration) to the relevant Provincial Inspectorate of Trade Inspection.

9.10. The application forms referred to in point 9.9 above are available on the websites of the Provincial Inspectorates of Trade Inspection, the list of which together with their contact details is available on the website www.uokik.gov.pl.

9.11. Resolution of a dispute as a result of a mediation procedure is voluntary in nature and is not subject to administrative or judicial enforcement; it cannot be appealed. Resolution of a dispute as a result of mediation does not affect the possibility of referring the matter to a common court of law or a Court of Arbitration.

9.12 In the event that the case is submitted for settlement to the Court of Arbitration, the settlement agreement and any judgments issued by that court shall have the force of a judgment of a common court. An appeal may be made to a common court against a judgment issued by the Court of Arbitration. Should the Parties conclude a settlement before the Court of Arbitration, the Parties may not appeal against it.

9.13. The Customer, being a Consumer, may also seek assistance from the Municipal or District Consumer Ombudsman or the competent local Consumer Federation. Information on the Consumer Federation is available at the following address: www.federacja-konsumentów.org.pl.


10. PARTIES TO THE CONTRACT AND CONTACT TO THE SELLER

10.1 The parties to the Agreement concluded via the PolyPells.com online shop available at the electronic address www.PolyPells.com are the Orderer and the Seller.

10.2 The Seller is TRESNO Marcin Orzechowski located in Warsaw, address: ul. Witolińska 2/18, 04-185 Warsaw, acting on the basis of the entry in the Central Business Register and Information, NIP: 5242515058 REGON 361493744

10.3 Correspondence addressed by the User to the Seller should be sent to the address given in item 10.2 or electronically to the e-mail address sklep@PolyPells.com


11. FINAL PROVISIONS

11.1 In matters not regulated herein, the applicable provisions of Polish law shall apply.

11.2 Any disputes arising from the execution of the Agreement and provisions of these Terms and Conditions shall be considered by a common court having jurisdiction in accordance with the provisions of the Civil Procedure Code Act of 17 November 1964 (Journal of Laws of 1964 No. 43, item 296 as amended).

11.3 Apart from the possibility of court dispute resolution, the Parties may also use alternative methods of dispute resolution by referring the matter to mediation or submitting the dispute to the Permanent Consumer Arbitration Court operating at the relevant Regional Trade Inspection Inspectorate. The rules of access to the procedures referred to in the previous sentence are described in Chapter 9, points. 9-13 of these Regulations.

11.4 Consumers may also seek assistance from Municipal or District Consumer Ombudsmen or the competent local Consumer Federation.

11.5 The list of Permanent Consumer Arbitration Courts operating at the Regional Trade Inspection Inspectorates is available on the website of the Office of Competition and Consumer Protection (www.uokik.gov.pl), in the tab: Consumers - Resolution of consumer disputes.

11.6 These Terms and Conditions are available in electronic form on the website www.PolyPells.com.

11.7 The Seller reserves the right to change prices of goods on offer, the introduction of new products to the offer of the Store, the conduct and cancellation of promotional campaigns on the Store's websites or to make changes in them. Any price changes and cancellations of promotional campaigns do not apply to goods already ordered at the Store.

11.8 The Seller reserves the right to amend these Terms and Conditions in the event of:
- changes to the scope of services provided,
- changes to the accepted methods of payment,
- changes to the modes of delivery,
- changes to the functionality of the Shop,
- changes to the generally applicable provisions of the law,
- changes in the structure and contact addresses on the part of the Seller.

11.9 The Seller will inform the User, who has an Account, about the change of the Regulations through the Account. The change of the Regulations shall come into force within 14 days from the date of informing the User about the change. The Seller shall inform the User about the content of the changes and the expected date of their entry into force.

11.10. Changes in the Regulations shall also be made available on the website of the Shop.

11.11. For the avoidance of doubt, the introduced changes do not affect the Orders made before their entry into force.

11.12. Users who have an Account, in the case of non-acceptance of the new wording of the Regulations, should send to the e-mail address of the Seller specified in Chapter 10. 3 of these Rules and Regulations, a statement of non-acceptance of the new wording of the Rules and Regulations. The Contractor shall delete the Account held by the User upon receiving the User's declaration, of which the User shall be informed. The declaration of lack of acceptance for the new version of the Regulations may also be sent in writing to the address of the Seller as indicated in chapter 10, item. 2 of these Regulations.

11.13. The Seller will delete the User's Account also on his every request, directed to the e-mail address of the Seller, i.e. sklep@PolyPells.com or by letter to the address: TRESNO Marcin Orzechowski, Witolińska Street 2/18, 04-185 Warsaw.

11.14. Except for cases specified in points. 11.12 and 11.13, the Seller shall also have the right to delete the User Account if:
- violation by the User of the provisions of these Regulations, in particular pts. 1.13 - 1.15

11.15. None of the provisions of these Regulations is intended to violate the rights of a Consumer. Nor can it be interpreted in this way, because in the case of any part of the regulations being inconsistent with the law in force, the Seller declares his absolute compliance and application of this law in place of the questioned provision of the regulations.

11.16. All product descriptions and images are our property and their use for any purpose without the consent of the owner is prohibited.