Terms of use of the online store
www.eskateboarding.pl
§1 General
1.1. These regulations govern the rules of using the Online Store operated at www.eskateboarding.pl,
1.2. The online store, operating at www.eskateboarding.pl and (hereinafter referred to as the eskateboarding online store), is operated by Zielona 1 Tomasz Kapciuch, entered into the Central Register and Information on Business Activity (CEIDG) operated by the minister responsible for the economy, NIP: 7822217404, REGON: 380328186.
1.3. Contact details of the entrepreneur, enabling the Buyer to contact the Seller:
1) postal address: Glebowa 62a, 61-312 Poznań;
2) telephone and/or fax number: tel.: +48 883-005-083;
3) e-mail address: eskateboarding.pl@gmail.com or sklep@eskateboarding.pl
1.4. The regulations of the online store www.eskateboarding.pl are permanently placed on the website http://eskateboarding.pl/regulamin in a way that allows Customers to obtain, reproduce and record their content. The regulations are also made available to Customers before concluding an agreement.
§2 Definitions
The terms used in these regulations mean:
2.1. Consumer - a natural person within the meaning of art. 221 of the Civil Code,
2.2. Entrepreneur with consumer rights - a natural person concluding an agreement directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for this person, resulting in particular from the subject of the business activity performed by them, made available on the basis of the provisions on the Central Register and Information on Business Activity,
2.3. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, to whom the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity,
2.4. Service Provider/Seller - Zielona 1 Tomasz Kapciuch with its registered office in Poznań at ul. Glebowa 62a, NIP: 7822217404,
2.5. Online Store - online store operated at www.eskateboarding.pl by Zielona 1 Tomasz Kapciuch
2.6. Civil Code - Act of 23 April 1964 (Journal of Laws 2020.1740),
2.7. Goods and Services - all services provided and goods that are the subject of the sales agreement between the seller and the buyer,
2.8. Regulations - these regulations for the provision of services by electronic means within the meaning of Art. 8 of the Act on the provision of services by electronic means of 18 July 2002 (Journal of Laws 2020.344),
2.9. Customer/Buyer – a natural person, legal person or organizational unit that is not a legal person, to which special provisions grant legal capacity, who places or plans to place an Order within the Online Store using electronic means, including the Consumer, the Entrepreneur with consumer rights and the Entrepreneur,
2.10. Order – a declaration of will of the Customer, in which the Customer accepts the Seller's sales offer, which includes in particular the price, type, quantity of Goods or Services as part of the sale via the online store.
2.11. Consumer Rights Act - the Act of 30 May 2014 on consumer rights (Journal of Laws 2020.287).
§ 3 Rules of using the online store
3.1. Prices of all goods and services offered by the Store are gross prices and are expressed in Polish zloty. Any deviations from the Polish currency principle are clearly indicated.
3.2. Prices displayed on the website of the store www.eskateboarding.pl, as well as descriptions of goods and services, constitute only commercial information and not an offer within the meaning of the Civil Code. They become binding only upon confirmation of acceptance of the order for execution by the Seller.
3.3. The Seller uses discount codes in the online store www.eskateboarding.pl, which authorize the purchase of goods with the discount provided on the coupon. Discount codes cannot be exchanged for a monetary equivalent.
3.4. To place an order in the online store www.eskateboarding.pl, acceptance of these Regulations is required.
3.5. To successfully place an order in the online store www.eskateboarding.pl, it is necessary to have a device with Internet access that allows you to browse websites, as well as a keyboard or other device that allows you to correctly fill out electronic forms. It is recommended to use the latest versions of web browsers: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.
3.6. The Online Store website uses Responsive Web Design (RWD) technology, which adapts the content of the website to the device on which it is displayed. The Store website is prepared to be displayed on both desktop computers and mobile devices.
3.7. The Online Store website www.eskateboarding.pl has an SSL certificate - a secure communication encryption protocol.
§ 4 Terms of concluding a sales agreement
4.1. Orders in the online store www.eskateboarding.pl can be placed by filling in the appropriate forms available on the store's website.
4.2. When placing an order, the Customer is required to provide correct personal data: first and last name, address, e-mail address and mobile phone number.
4.3. After receiving the order, the Seller confirms its receipt and at the same time informs about the acceptance of the Order for execution. Confirmation of the order is made by the Seller sending the Customer an appropriate e-mail message to the address provided in the order form. At the moment of confirmation of the acceptance of the order for execution by the Seller, the agreement is considered concluded.
4.4. The content of the sales agreement is made available and recorded by making these Regulations available on the Online Store website, sending relevant information to the Customer's email address provided when placing the order, as referred to in §4 point 4.2.
4.5. Orders can be placed in the www.eskateboarding.pl Online Store 24 hours a day, every day of the year.
§ 5 Payment method and payment deadline
5.1. On the www.eskateboarding.pl store, it is possible to pay in one of the following ways:
- bank transfer to the Seller's bank account,
- via payment services of external suppliers.
5.2. After placing the order, the Customer receives a bank account number via email to which the appropriate amount should be transferred. Once the payment is credited to the eskateboarding store's bank account, the order is transferred for execution.
5.3. The Customer is obliged to make the payment using one of the above methods within 7 calendar days from the date of conclusion of the sale agreement.
§ 6 Delivery
6.1. The ordered goods are delivered within the territory of the Republic of Poland and Continental Europe and are delivered to the address indicated by the Customer in the order form.
6.2. The shipping time of the goods is indicated on the eskateboarding online store pages. The Seller will make every effort to ensure that the goods are delivered within the time specified in the product card in the online store. In the event that the goods cannot be delivered within the time specified on the product page, the Buyer will be informed immediately. Usually the goods are dispatched within 2 to 5 business days.
6.3. The ordered Goods are delivered via:
- InPost courier
- DPD courier
6.4. At the time of handing over the goods to the courier company, the Buyer is notified of this fact by sending an e-mail to the address provided in the order.
6.5. The costs of delivering the Goods, which, in addition to the price of the Goods, are borne by the Customer, are provided on the Store's website when placing the Order.
6.6. At the time of accepting the goods, the Customer is obliged to confirm their receipt. From that moment on, the goods become the property of the Customer.
§ 7 Withdrawal from the contract
7.1. The Buyer who is a Consumer or an Entrepreneur with consumer rights, who has concluded a distance contract or an off-premises contract, has the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the goods to him without giving a reason.
7.2. In the event of exercising the right referred to in the preceding point, the Buyer should inform the Seller about this by submitting a declaration of withdrawal on the form provided to him by the Seller, which can be sent by post to the following address: Zielona 1 Tomasz Kapciuch, ul. Glebowa 62a, 61-312 Poznań; he can also do it electronically using the electronic withdrawal form sent to the seller's e-mail address: eskateboarding.pl@gmail.com. To meet the deadline, it is sufficient to send the declaration before its expiry. A declaration of withdrawal submitted after the deadline referred to in §7 item 7.1 shall not produce any legal effects.
7.3. The declaration of withdrawal from the agreement form (Annex No. 1 to these Regulations) shall be provided to the Buyer in paper form (in the documentation attached to the shipment) and in electronic form (in the attachment to electronic correspondence confirming acceptance of the order for execution).
7.4. In the event that the Consumer or Entrepreneur with consumer rights submits a declaration of withdrawal electronically via an electronic withdrawal form, the Seller shall immediately send confirmation of receipt of the declaration of withdrawal from the contract (on a durable data carrier within the meaning of Art. 2 item 4 of the Act of 30 May 2014 - on consumer rights).
7.5. The Consumer or Entrepreneur with consumer rights shall bear the direct costs of returning the goods.
7.6. The Buyer is obliged to properly secure the returned goods so as to prevent their damage in transit (direct cost of returning the goods - in accordance with art. 34 sec. 2 of the Act of 30 May 2014 - on consumer rights (consolidated text: Journal of Laws of 2017, item 683).
7.7. The Consumer or Entrepreneur with consumer rights is obliged to return the goods immediately, but no later than within 14 days from the date on which he withdrew from the contract. The Seller may stipulate that in the event of withdrawal from the contract, the item subject to return will be collected by him or a person authorized by him.
7.8. If the delivered goods are incomplete or bear any traces of use, the Seller reserves the right to refuse to accept the shipment or to reduce the amount returned by the equivalent of the damaged goods.
7.9. In the event of withdrawal from the contract, all payments made by the Buyer, including delivery costs, will be transferred to the Buyer's bank account immediately, but no later than within 14 days from the date of receipt by the Seller of the Buyer's declaration of withdrawal from the contract.
7.10. The Seller declares that the refund of the payment referred to in § 7 point 7.9 of the Regulations will be made using the same method of payment as used by the Buyer. The Seller, in agreement with the Buyer, may establish a different method of refund, which will not involve the Buyer incurring additional costs.
7.11. The Seller declares that the right to withdraw does not apply to contracts included in art. 38 of the Act of 30 May 2014 - on consumer rights,
7.12. By concluding the contract, the Consumer or Entrepreneur with consumer rights confirms that they have become familiar with the content of these regulations, including confirming that they have been notified of the right to withdraw from the concluded sales contract within 14 days from the date of delivery of the goods to them.
§ 8 Complaints
8.1. Basis and scope of liability The Seller's obligations towards the Customer, due to the non-conformity of the Product with the Agreement are specified in generally applicable provisions of law and the following provisions of the Regulations.
8.2. The Seller is obliged to deliver the product without defects.
8.3. In the event of finding mechanical damage, arising during delivery or in the event of submitting a complaint to the Seller, the Buyer should send information about this fact by mail to the address Zielona 1 Tomasz Kapciuch, ul. Glebowa 62a, 61-312 Poznań or by e-mail to eskateboarding.pl@gmail.com. In the notification, it is recommended to indicate the defect that the Customer believes the product has and, if possible, document the said defect, the date of occurrence of the defect, the request for a method of bringing the product into conformity with the agreement in accordance with art. 560 et seq. of the Civil Code and provide contact details. The above requirements are recommendations, their absence does not affect the effectiveness of the complaint.
8.4. The Seller will respond to the notification within 14 days of receiving the notification. No The Seller's response within the above deadline means that the Seller has deemed the complaint justified.
8.5. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following websites of the Office of Competition and Consumer Protection:
8.5.1. http://www.uokik.gov.pl/spory_konsumenckie.php;
8.5.2. http://www.uokik.gov.pl/sprawy_indywidualne.php;
8.5.3. http://www.uokik.gov.pl/wazne_adresy.php.
8.6. A Customer who is a Consumer has in particular (but not exclusively) the following exemplary possibilities of using out-of-court methods of handling complaints and pursuing claims methods of handling complaints and pursuing claims:
8.6.1. The Customer is entitled to refer to a permanent consumer arbitration court, referred to in art. 37 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request to resolve a dispute arising from the concluded Sales Agreement. The regulations for the organization and operation of permanent consumer arbitration courts are specified in the regulation of the Minister of Justice of 6 July 2017 on the determination of the regulations for the organization and operation of permanent arbitration courts at the provincial inspectors of the Trade Inspection. (Journal of Laws of 2017, item 1356).
8.6.2. The Customer is entitled to refer to the provincial inspector of the Trade Inspection, in accordance with art. 36 of the Act of 15 December 2000 on the Trade Inspection (consolidated text: Journal of Laws of 2019, item 1668, as amended), with a request for an out-of-court resolution of the dispute between the Customer and the Seller. Information on the rules and procedure of the mediation procedure conducted by the provincial inspector of the Trade Inspection is available at the offices and on the websites of the individual Provincial Inspectorates of the Trade Inspection.
8.6.3. The Customer may file a complaint via the ODR online platform: http://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court resolution of disputes that may arise between entrepreneurs and Consumers.
§ 9 Rules for publishing opinions
9.1. Each buyer/customer may publish opinions about the product/service in the appropriate place on the Store's website. The opinion should be written in Polish, in accordance with the rules of correct Polish.
9.2. Opinions are subjective statements of Customers. The Seller is not responsible for their content.
9.3. The Buyer/Client declares that their statement does not violate applicable legal regulations or the rights of third parties. They are fully responsible for the statements they have posted in the Online Store www.eskateboarding.pl.
9.4. The submitted opinion is subject to verification by the Seller in terms of checking whether the opinion does not contain content of a prohibited nature, i.e. in particular when the opinion violates applicable regulations, contains prohibited content, advertising content, personal data, violates copyrights, etc.
§ 10 Personal data
10.1. The Seller is the administrator of personal data.
10.2. The principles of personal data protection can be found in the Privacy Policy of the online store www.eskateboarding.pl.
§ 11 Final provisions
11.1. The Seller reserves the right to introduce changes to these Regulations for important reasons. Any changes to the Regulations shall enter into force on the appropriate date indicated by the Seller, but not shorter than 7 days.
11.2. The amended Regulations shall bind the Buyer/Customer if the requirements specified in art. 384 and 384[1] of the Civil Code have been met, i.e. they have been properly notified of the changes and have not terminated the agreement within 14 calendar days from the date of notification.
11.3. In accordance with art. 8 sec. 3 item 2 letter b of the Act of 18 July 2002 on the provision of services by electronic means, the entity using the ABC online store website is obliged not to place illegal content on this website.
11.4. In matters not regulated by these regulations, the relevant provisions of the Civil Code and the Act of 30 May 2014 on consumer rights shall apply.
11.5. These Regulations are available at the Internet address http://eskateboarding.pl/regulamin.
11.6. Agreements with the seller are concluded in Polish.
11.7. The Regulations enter into force on 01.09.2023
Appendix No. 1 to the Regulations.
SAMPLE FORM
WITHDRAWAL FROM THE AGREEMENT
[this form should be completed and returned only if you wish to withdraw from the agreement]
Addressee:
[ Seller's Address]
I/We (*) hereby inform about my/our (*) withdrawal from the agreement for the sale of the following items:
1………………………………………………………………………………..
2………………………………………………………………………………..
3………………………………………………………………………………..
4………………………………………………………………………………..
5………………………………………………………………………………..
Date of purchase:
Customer name:
Customer address:
Signature
[only if the form is sent on paper form]
Date
(*) delete where not applicable