1. GENERAL PROVISIONS
- Pularys online store, operating at pularys.com, is run by Jaguar Tomasz Chwiłowicz, with its office registered at Dworcowa 62, 62-400 Słupca, Poland, operating under the fiscal code NIP: 667-104-48-32, REGON: 311085346.
- These Online Store Regulations define the rules for making purchases in the Pularys online store, in particular the rules and procedure for concluding distance sales contracts via the Store, as well as the complaint procedure and the procedure for withdrawing from the contract by the Consumer.
- In terms of Services provided electronically, these Regulations are the regulations referred to in Art. 9 of the Act on the provision of electronic services of July 18, 2002 (i.e. Journal of Laws of 2020, item 344, as amended).
- The Regulations are addressed to all the Customers of the Store. All customers are required to read the provisions of the Regulations before making a purchase.
- Each Customer is obliged to comply with the provisions of the Regulations. The sale is based on the version of the Regulations in force at the time of placing the order.
- Each Customer has the opportunity to read the Regulations at any time by clicking the "Store Regulations" hyperlink on the Store's website pularys.com. The Regulations can be downloaded and printed at any time.
- All information contained on the pularys.com website, relating to the products (including prices), do not constitute an offer within the meaning of art. 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended), but an invitation to conclude a contract, according to Art. 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). By sending the Order Form, the Customer submits an offer to buy the indicated Goods for the price and under the conditions specified in the description.
Regulations - present set of regulations that organize the rules of using the Store's Services by the Customers.
Consumer (contracts concluded before January 1, 2021) - a natural person who performs a civil law contract via the Store, that’s not directly related to his/her business or professional activity.
Consumer (contracts concluded from January 1, 2021) - the following persons are considered the Consumers:
- a natural person making a civil law contract through the Store, not related directly to its business or professional activity - the so-called "Consumer sensu stricto"
- a natural person concluding a civil law contract through the Store, directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available based on the provisions on the Central Business Activity Records and Information - the so-called "Entrepreneur with Consumer Rights".
For these Regulations, it is assumed that if the two groups of entities are not distinguished, the Regulations apply to both Consumers sensu stricto, as well as Entrepreneurs with Consumer rights.
Client - a natural person (including a Consumer) who is at least 13 years of age (provided that he/she has obtained the consent of a legal representative), a legal person and an organizational unit that is not a legal person, whose special provisions grant legal capacity, which uses the Services provided by the Store.
Order Form - a service available on the Store's website, through which the Customer can make a purchase, in particular by adding Goods to the Cart and defining certain conditions of the Sales Agreement, including method of delivery and payment.
Cart - an element of the Store in which the Goods selected by the Customer are visible and in which the Customer has the option of determining and modifying the Order data, including the number of Products purchased.
Store - a website belonging to the Seller, available under the domain: pularys.com, through which the Customer can purchase Goods from the Seller.
Seller - Jaguar Tomasz Chwiłowicz company, with its office registered at Dworcowa 62, 62-400 Słupca, Poland, entered into the Central Register and Information on Economic Activity CEIDG under the number: 2653/1/2001, NIP: 667-104-48-32, REGON: 311085346 which, when carrying out a gainful or professional activity, proposes to sell via his website.
Goods - a movable item traded between the Store and the Customer, the terms of sale of which are specified in the Order Form.
Sales contract - a distance sales contract concluded by the Customer via the Store, usually through the Order Form.
3. ACCEPTANCE AND FULFILLMENT OF ORDERS
- The condition for using the Store is to read and accept these Regulations. By placing an order the Customer accepts the content of the Regulations.
- Orders from customers are accepted via the Order Form sent through the website: pularys.com or by e-mail to firstname.lastname@example.org, 5 days a week (Monday to Friday from 8.00 to 16.00).
- The Order of Goods is carried out by selecting the Goods which the Customer is interested in, clicking the "ADD TO CART" button next to the description of the Goods, and then, from the "CART" level in the Store tab, filling in the Order Form, including choosing the form of delivery and payment or choosing the option of payment on delivery, if one is available for the selected Good, and then clicking the purchase confirmation.
- Entrepreneurs recognized as the so-called Entrepreneurs with consumer rights (see the definition of "Consumer" in these Regulations), concluding contracts after January 1, 2021, will have to indicate, at the time of ordering the Goods, that the purchase is not of a professional nature for them.
- After placing the order, the Customer receives an order confirmation to his/her e-mail address provided in the Order Form.
- After the Customer receives confirmation of the offer acceptance, the process of order fulfillment by the Seller begins, whereby:
- in case of placing an order payable on delivery - the process begins on the next business day, after the confirmation by the Seller.
- in case of placing an order paid by traditional transfer - the process begins after the payment for the order has been credited to the Store's bank account.
- Orders placed in the Store are processed during the Store's working hours (on business days, from Monday to Friday, from 8:00 am to 4:00 pm). Orders placed on business days after 4:00 pm, on Saturdays, Sundays, or holidays, will be processed the next business day.
- The customer will receive a message about the acceptance of the order, which is understood as the Seller's declaration of acceptance of the offer. Upon its receipt by the Customer, a Sales Agreement is concluded.
- A VAT receipt is issued for each order. At the customer's request, a VAT invoice will also be sent.
- The available means of communication between the Customer and the Store are:
a. E-mail: email@example.com
b. Telephone: +48 (63) 274 61 98
c. Correspondence address: Dworcowa 62, 62-400 Słupca
- The price given in the order is the total value that the customer is obliged to pay (gross price). It includes the tax due.
- The Seller reserves the right to change the prices in the Store, introduce new Goods for sale, carry out and cancel promotional campaigns, or make changes to them, following applicable law.
- If the Consumer is obliged to pay over the agreed price, described in the previous paragraph, the Store will immediately inform the Consumer about this fact, explaining the reason for the price difference. The consumer will be charged with additional costs only after obtaining his/her consent.
- The customer is obliged to pay custom duties (if applicable).
4. EXECUTION OF PAYMENT
- As part of the functioning of the Store, the following payment methods are possible:
- upon delivery;
- by bank transfer to the bank account - 98 1090 1216 0000 0001 3381 3829;
- Online payment via the Dotpay payment platform
- The customer who has chosen the bank transfer option of payment is obliged to pay the order fee within five (5) working days from the date of placing the order. Otherwise, the Seller's offer is not binding and the order is removed from the system. It is enough to enter the number of the order being placed as the title of payment. It is possible to extend the payment deadline, provided that the Store staff is informed in advance.
- The Seller is liable under the warranty for physical and legal defects of the Goods, to the extent specified in Art. 556 and following of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2019, item 1145, as amended).
- A physical defect of the Goods consists in the non-compliance of the Goods sold with the contract, which takes place when:
- The Goods do not have the properties that they should have due to the purpose of the contract, resulting from the circumstances or destination;
- The Goods do not have the properties that the Seller offered to the Customer
- The Goods are not suitable for the purpose of which the Customer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such an intended use;
- The Goods were delivered to the customer in an incomplete state.
- A legal defect of the Goods occurs when the Goods are owned by a third party or are encumbered with the right of a third party when the restriction in use or regulation results from a decision or judgment of a competent authority.
- In the case of the Consumer, the public assurances of the producer or the entity that places the Goods on the market, within the scope of its business activity, or which presents itself as the producer, are treated equally to the Seller's assurances. However, the Seller shall not be liable if he did not know these assurances or could not know them, or when these assurances could not have influenced the Consumer's decision to conclude the sales contract, and when the content of these assurances was corrected before the conclusion of the sales contract.
- The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the item to the Customer.
- In the case of the Consumer, when a physical defect has been found within one year from the date of the release of the Goods, it is presumed that the defect or its cause existed at the time of the release of the Goods.
- If the buyer is a Consumer and the physical defect has been found within one year from the date of delivery of the sold item, it is presumed that the defect or its cause existed at the time the risk passed on to the buyer.
- If the Product has a defect, the Customer may submit a declaration of a price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Product with a non-defective one, or removes the defect. This limitation does not apply if the Product has already been replaced or repaired by the Seller, or the Seller has not satisfied the obligation to replace the Product with a non-defective one or removed the defect.
- If the product has a defect, the Customer may also request that the item is replaced with a non-defective one or that the defect is removed.
- The Consumer may, instead of the removal of the defect proposed by the Seller, demand the replacement of the Product with a product free from defects, or instead of the replacement of the Product, demand the removal of the defect, unless it is impossible to bring the Product to compliance with the contract in the manner chosen by the Consumer or would require excessive costs compared to the method of proposed by the Seller.
- The customer may not withdraw from the contract if the defect is irrelevant.
- Complaints about the Goods may be submitted:
- in writing, to the address of the Seller's location;
- by an e-mail, to the e-mail address indicated in the confirmation of placing the Order.
- The complaint should include:
- data of the person submitting the complaint (name and surname, correspondence address, optionally - e-mail address and contact telephone number);
- indication of the reason for the complaint and the content of the request;
- Order number appearing in the Order acceptance confirmation;
- the original or a copy of the proof of purchase (e.g. a receipt or invoice) may facilitate the submission of a complaint, but it is not necessary for its submission.
- The customer who executes the rights under the warranty shall deliver the defective Goods at the Seller's expense to the following address: Dworcowa 62, 62-400 Słupca, Poland.
- The Seller undertakes to respond to the complaint within fourteen (14) days from the date of its receipt.
- If the complaint is justified, the Seller undertakes to replace the defective Product with a Product free from defects or to remove the defect within fourteen (14) days from the date of reporting the complaint by the Customer.
- In the event of an effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days from the date of receipt of the withdrawal, provided that the payment will not be reimbursed until the Goods are returned, or the Customer has provided proof of their return.
- If the Consumer has requested replacement of the item or removal of the defect, or submitted a price reduction statement, specifying the amount by which the price is to be reduced, and the seller has not responded to this request within fourteen (14) days, it is considered that the request was accepted justified.
- A claim for the removal of a defect or replacement of the Product with a Product free from defects expires after one year (1) from the date of finding the defect. In the case of a Consumer, the limitation period may not end before the expiry of two (2) years.
- The above provisions do not preclude the Seller from granting a guarantee for the purchased Goods, which is provided for in separate guarantee regulations.
6. RIGHT OF WITHDRAWAL
- In accordance with the Consumer Rights Act of May 30, 2014 (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract for the sale of Goods purchased in the Store, without giving any reason, by submitting an appropriate statement in writing, within fourteen (14) days from the date of release of the Goods (i.e. from the date of receipt of the Goods by the Consumer). In order for the Consumer to meet this deadline, it is enough to send a statement before its expiry.
- The consumer may withdraw from the contract by submitting a declaration of withdrawal from the contract to the Seller. The template of the declaration is attached as Annex 1 to these Regulations.
- The declaration of withdrawal from the contract should be sent to the following address: Dworcowa 62, 62-400 Słupca, Poland.
- The consumer will return the Goods to the Seller within fourteen (14) days from the date on which he/she withdrew from the contract. To meet the deadline, it is enough to return the Goods before its expiry.
- The Goods should be returned to the Seller's address: ul. Dworcowa 62, 62-400 Słupca, Poland.
- The Seller, within fourteen (14) days from the date of receipt of the declaration of withdrawal from the contract, will return all the payments made by the Consumer, excluding the cost of its delivery. The refund will be made via Przelewy24, Paypal or transferred to the bank account, depending on the form of payment by the customer.
- The Seller will refund the payment using the same payment method as used by the Consumer.
- The consumer bears the costs of returning the Goods to the Seller.
- The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to the contract:
- in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification to satisfy his individual needs;
- in which the subject of the service is a perishable item or has a short shelf-life;
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening, due to health protection or hygiene reasons;
- in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items;
- in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery;
- for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
- in which 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;
- for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the Consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract;
- The right to withdraw from a distance contract is not available to an entity other than the Consumer, within the meaning adopted for the purposes of these Regulations (see the definition of "Consumer").
7. OUT-OF-COURT DISPUTE RESOLUTION
- In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, inter alia, the ODR internet platform available at http://ec.europa.eu/consumers/odr/.
- This chapter entitled "Out-of-court dispute resolution" does not apply to one category of persons described in these Regulations as Consumers, the so-called "Entrepreneurs with consumer rights", which entered into force for contracts concluded from January 1, 2021. for all contracts. This chapter applies only to entities belonging to the so-called Consumer category in the strict sense.
8. PERSONAL DATA PROTECTION
- By placing an order, the Customer agrees to the processing of personal data provided by him/her, for the purpose of processing and handling the order by the Seller, who is also the administrator of personal data, within the meaning of art. 7 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection ), OJ L 119, 4.5.2016, pp. 1-88.
- The Seller is the administrator of personal data provided by the Customer when using the Store.
- Personal data in the Seller's database is not transferred to entities that do not participate in the implementation of the Sales Agreement.
- The customer, in accordance with Art. 15 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection ), OJ L 119, 4.5.2016, p. 1-88, has the right to access their personal data, may request their correction or deletion. The Seller provides each Customer with the right to control the processed personal data.
- Providing personal data is voluntary, however, the lack of consent to the processing of personal data makes it impossible to complete the Customer's order.
9. FINAL PROVISIONS
- The Regulations define the rules for the conclusion and execution of the Contract for the sale of Goods on the Store's website.
- The Sales Contract is concluded between the Customer and the Seller.
- The Regulations are available to all Customers in an electronic version on the Store's website pularys.com.
- In order to be able to use the Store's Services, it is necessary to have devices that allow access to the Internet and a web browser that allows displaying websites. It is also necessary to provide an e-mail address that allows sending information regarding the execution of the order.
- It is forbidden for all persons, including the Customers, to post illegal content on the Store's website.
- In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
- The Regulations do not exclude or limit any rights of the Customer who is a Consumer, which he/she is entitled to under the mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, these provisions shall prevail.
- Should any of the provisions of these Regulations be or should become invalid or ineffective, the validity of the remainder of the Regulations shall remain unaffected. In such a case, the Parties will replace the invalid or ineffective provision with another one that reflects the intended economic purpose as closely as possible. This also applies accordingly to any gaps in the Regulations.