TERMS AND CONDITIONS OF THE ONLINE STORE www.okiday.pl
- General provisions
III. Type and scope of electronic services
IV. Conditions for the provision and conclusion of contracts for the provision of electronic services
V. Terms of concluding sales contracts
VI. Discount codes
VII. Brokerage agreement
VIII. Payment methods
IX. Cost, date and methods of delivery
X. Terms of termination of contracts for the provision of electronic services
XI. Product Warranty
XII. Complaint procedure
XIII. Right of withdrawal
XIV. Intellectual property
XV. Business-to-Business Provisions (B2B)
XVI. Final Provisions
- GENERAL PROVISIONS
1. The online store operating at www.okiday.pl is run by OKIDAY Spółka z ograniczoną odpowiedzialnością, registered in the National Court Register under KRS number: 0000879892, NIP: 8641960850, REGON: 387982753, address of the place of business Koćmierzów 30, 27-650 Samborzec, and the address for service: ul. Sadowa 16/23, 05-110 Jabłonna, e-mail address: email@example.com,
2. The www.okiday.pl store operates on the terms set out in these Regulations.
3. The Regulations specify the types and scope of services provided electronically by the www.okiday.pl Store, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services and Product Sales Agreements, as well as the complaint procedure.
4. Each Service Recipient, upon taking steps to use the Electronic Services of the www.okiday.pl Store, is obliged to comply with the provisions of these Regulations.
5. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
6. The www.kiday.pl store conducts retail and wholesale sales of Products via the Internet in Poland and other European Union countries.
7. The products offered in the Store are new, free from physical and legal defects and have been legally introduced to the Polish market.
8. All trade names, Product names, company names and their logos used on the Store’s website at www.okiday.pl belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store’s website at www.okiday.pl are used for information purposes.
9. In matters not covered by these Regulations, the provisions apply
a) the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
b) the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827),
c) the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law.
1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
2. REGISTRATION FORM – a form available on the website www.majum.pl enabling the creation of an Account.
3. ORDER FORM – a form available on the website www.majum.pl enabling the submission of an Order.
4. CONSUMER – a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.
5. CUSTOMER (ORDERER) – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
6. ACCOUNT – marked with an individual name (login) and password, a collection of resources in the Service Provider’s ICT system, in which the Service Recipient’s data is collected, including information about placed Orders.
7. REGULATIONS – these Regulations of the Store.
8. STORE – The Service Provider’s online store operating at www.okiday.pl
9. SELLER (CONTRACTOR), SERVICE PROVIDER – OKIDAY Spółka z ograniczoną odpowiedzialnością, registered in the National Court Register under KRS number: 0000879892, NIP: 8641960850, REGON: 387982753, address of the place of business ul. Modlińka 41a, 05-110 Jabłonna, and the address for service: ul. Sadowa 16/23, 05-110 Jabłonna, e-mail address: firstname.lastname@example.org
10. PRODUCT – a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
11. SALES AGREEMENT – Product Sales Agreement concluded between the Customer and the Seller via the Store.
12. SERVICE RECIPIENT – a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.
13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store.
14. ORDER – Customer’s declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.
15. NEWSLETTER – An Electronic Service that allows the Service Recipient to subscribe to and receive free information from the Service Provider regarding the Products available in the Store to the e-mail address provided by the Service Recipient.
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of Electronic Services through the Store, such as:
a) concluding Product Sales Agreements,
b) keeping an Account in the Store,
c) using the Newsletter.
2. The provision of Electronic Services to Service Recipients in the Store takes place under the conditions set out in the Regulations.
3. The Service Provider has the right to place advertising content on the Store’s website. This content is an integral part of the Store and the materials presented in it.
- CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Provision of Electronic Services specified in Chapter III point 1 of the Regulations by the Service Provider is free of charge.
2. The period for which the contract is concluded:
a) the contract for the provision of Electronic Services consisting in maintaining an Account in the Store is concluded for an indefinite period.
b) the contract for the provision of Electronic Services consisting in enabling the submission of Orders in the Store is concluded for a definite period of time and terminates when the Order is placed or ceases to be placed by the Service Recipient.
c) the contract for the provision of Electronic Services consisting in the use of the Newsletter is concluded for an indefinite period.
3. Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
a) a computer with Internet access,
b) access to e-mail,
c) web browser,
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and morality, bearing in mind respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the facts.
6. The Service Recipient is prohibited from providing unlawful content.
- TERMS OF CONCLUDING SALES AGREEMENTS
1. The information on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions specified in its description.
2. The price of the Product shown on the Store’s website is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
3. The price of the Product shown on the Store’s website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store that may occur in relation to individual Products after the Customer has placed the Order.
4. Products on promotion (sale) have a limited number of items and Orders for them will be processed in the order in which they are received until the stocks of a given Product run out.
5. In order to place an Order, the Customer is obliged to register an Account in the Store.
6. Orders can be placed via the website – 24 hours a day throughout the year.
7. The Store executes Orders placed from Monday to Friday during the Store’s working hours, i.e. from 9.00 to 17.00. Orders placed on Working Days after 17.00, on Saturdays, Sundays and holidays, will be considered on the next Business Day.8. Conclusion of the Sales Agreement.
a) To conclude a Sales Agreement, it is necessary for the Customer to submit an Order in advance using the methods provided by the Seller.
b) After placing the Order, the Seller immediately confirms its receipt while accepting the Order, which binds the Customer with his Order. Confirmation of receipt and acceptance of the Order for execution takes place by sending an e-mail containing:
¬ confirmation of all essential elements of the Order,
¬ statement on the right to withdraw from the contract,
¬ information on the right to withdraw from the contract,
¬ these Regulations.
c) Upon receipt by the Customer of the e-mail referred to in point 8 lit. b) a Sales Agreement is concluded between the Customer and the Seller.9. Each Sales Agreement will be confirmed with a proof of purchase.
10. The customer may make changes to the placed Order or withdraw the placed Order via e-mail to the following address: email@example.com, only until the payment of the amount specified in the Order.
- DISCOUNT CODES
1. The Seller may generate discount codes, which will then be made available to Customers for promotional purposes.
2. Discount codes generated by the Seller may be used for all or some Products.
3. The seller is obliged to generate discount codes only for promotional purposes.
4. The Seller undertakes not to collect any remuneration for generating a discount code.
5. Discount codes are single-use and can be used within the period indicated in the message containing the discount code received by the Customer.
6. The use of the discount code by the Customer results in a reduction of the price by the appropriate part (percentage, amount), in accordance with the message referred to in point 5 of this chapter.
7. Discount codes are not exchangeable for cash and do not constitute a means of payment.
VII. INTERMEDIATION AGREEMENT
1. Upon conclusion of the Sales Agreement, an Intermediation Agreement is concluded between the parties.
2. The subject of the Brokerage Agreement is the service of ordering the item described by the Contractor on the Store’s website.
3. All activities performed by the Contractor under the agency agreement are performed for and on behalf of the Principal.
VIII. PAYMENT METHODS
1. The Seller provides the following payment methods:
a) payment by traditional transfer to the Seller’s bank account,
b) payment via electronic payment services (PayPal, PayU.pl, Przelewy24.pl)
2. In the case of payment by bank transfer, the payment should be made to the bank account number
55 1140 2004 0000 3802 7652 4932 (mBank S.A.) Name of the recipient: Konstrukcje Publiczne Airgen – Dariusz Pełka, ul. Sadowa 16/23, 05-110 Jabłonna, NIP: 7162375478. In the title of the transfer, enter “Order No……….”
3. In the case of payments via electronic payment services, the Customer makes the payment before starting the execution of the Order. Electronic payment services allow you to make payments by credit card or a quick transfer from selected Polish banks. The product will be sent only after it has been paid for.
4. The Customer is obliged to pay the price under the Sales Agreement within 3 Business Days from the date of its conclusion, unless the Sales Agreement provides otherwise.
- COST, DATE AND METHODS OF DELIVERY
- Product delivery costs are determined during the Order placement process and depend on the choice of payment method and the method of delivery of the purchased Product, foreign shipments are determined individually – please always contact us by e-mail.
2. Products purchased in the Store are sent via courier companies: DHL, FedEx, Siódemka, DPD, UPS, GLS, InPost, OCS, ETLogistik.
3. The Product delivery date consists of the time of completing the Product and the time of delivery of the Product by the carrier:
a) The time of completing the Product is from 2 to 21 Business Days.
b) Delivery of the Product by the carrier takes place on the date declared by him, i.e. from 1 to 3 Business Days (delivery takes place only on Business Days, excluding Saturdays, Sundays and holidays).
4. For orders over PLN 5,000 – delivery costs will be determined individually depending on the dimensions and number of packages.
- CONDITIONS FOR TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of the contract for the provision of Electronic Services:
a) A contract for the provision of Electronic Services of a continuous and indefinite nature (e.g. maintaining an Account) may be terminated.
b) The Customer may terminate the contract with immediate effect and without giving reasons by sending a relevant statement via e-mail to the following address: firstname.lastname@example.org
c) The Service Provider may terminate a contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Customer violates the Regulations, in particular when he provides illegal content after an ineffective prior request to cease violations with an appropriate deadline. In this case, the contract expires after 7 days from the date of submitting the declaration of will to terminate it (notice period).
d) Termination terminates the legal relationship with effect for the future.
2. The Service Provider and the Service Recipient may terminate the contract for the provision of Electronic Services at any time by agreement of the parties.
- PRODUCT WARRANTY
1. All Products offered in the Store have a manufacturer’s warranty valid in the territory of the Republic of Poland.
2. The warranty period depends on the Product category and its manufacturer and is counted from the date of delivery of the Product to the Customer.
3. The document entitling to warranty protection is the proof of purchase.
4. The warranty does not exclude the rights arising from the warranty for physical and legal defects of the Product, as specified in the Civil Code.
XII. COMPLAINT PROCEDURE
1. Warranty claims:
a) The basis and scope of the Seller’s liability towards the Customer who is a Consumer, under the warranty covering physical and legal defects, are specified in the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended)
b) Notifications of defects concerning the Product and the submission of a relevant request can be made via e-mail to the following address: email@example.com or in writing to the following address: Okiday Sp. z o. o. st. Sadowa 16/23, 05-110 Jabłonna.
c) The above e-mail should contain as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and speed up the consideration of the complaint by the Seller.d) When it is necessary to assess physical defects of the Product, it should be delivered to the following address: ul. Sadowa 16/23, 05-110 Jabłonna. Before sending the Product, the Customer is asked to contact the Seller.
e) The Seller will respond to the Customer’s request immediately, no later than within 14 days. The response to the complaint is sent to the e-mail address provided by the Customer or in another manner provided by the Customer.
f) In the case of a complaint from a Customer who is a Consumer – failure to consider the complaint within 14 days is tantamount to its consideration.
In connection with a justified complaint of a Customer who is a Consumer, the Seller covers the costs of collection, delivery and replacement of the Product with a defect-free one.2. Complaints related to the provision of Electronic Services by the Service Provider:
a) Complaints related to the provision of Electronic Services via the Store may be submitted by the Customer via e-mail to the following address: firstname.lastname@example.org
b) In the e-mail above, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and accelerate the consideration of the complaint by the Service Provider.
c) Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days.
d) The Service Provider’s response regarding the complaint is sent to the Customer’s e-mail address provided in the complaint or in another manner provided by the Customer.
XIII. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- A Customer who is also a Consumer who has concluded a distance contract may withdraw from it without giving reasons by submitting a relevant statement in writing within 14 days. To meet this deadline, it is enough to send a statement of withdrawal from the contract handed over by the Store. Generated statements is possible via the document generator – the generator is available HERE.
2. In the event of withdrawal from the contract, the Sales Agreement is considered void and the Consumer is released from any obligations. What the parties have provided is returned unchanged, unless a change was necessary within the limits of ordinary management. The return should take place immediately, not later than within 14 days.
3. The consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.4. The Seller will refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not involve any costs for him.
5. If the Consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery offered by the Store, the Seller is not obliged to reimburse the Consumer for the additional costs incurred by him.
6. The Consumer withdrawing from the Sales Agreement, in accordance with point 1 of this chapter, only bears the costs of returning the Product to the Seller.
7. The fourteen-day period in which the Consumer may withdraw from the contract is counted from the day on which the Consumer took possession of the Product.
8. Remember that the consumer is not entitled to withdraw from a distance contract, e.g. in relation to the contract:
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer’s specifications or serving to satisfy his individual needs,
- in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
XIV. INTELLECTUAL PROPERTY
1. All content posted on the website at www.majum.pl is protected by copyright and (subject to point 8 of Chapter I and elements used under a license) are the property of
OKIDAY Spółka z ograniczoną odpowiedzialnością, registered in the National Court Register under KRS number: 0000879892, NIP: 8641960850, REGON: 387982753, address of the place of business Koćmierzów 30, 27-650 Samborzec, and address for service: ul. Sadowa 16/23, 05-110 Jabłonna, e-mail address: email@example.com
The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content of the website www.okiday.pl without the consent of the Service Provider.
2. Any use by anyone, without the express written consent of the Service Provider, of any of the elements that make up the content and content of the www.majum.pl website constitutes a violation of the Service Provider’s copyright and results in civil and criminal liability.
PROVISIONS RELATING TO ENTREPRENEURS (B2B)
1. This chapter contains provisions relating only to Customers who are not Consumers.
2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 Business Days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.
3. The Seller has the right to limit the payment methods available to Customers who are not Consumers, including the requirement to prepay part or all of the sale price, regardless of the method of payment chosen by the Customer and the fact of concluding the Sales Agreement.4. The benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a Consumer when the Seller releases the Product to the carrier. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from the moment of accepting the Product for transport until its delivery to the Customer, as well as for delays in the transport of the shipment.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
6. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without giving reasons by sending a notice of termination to the Service Recipient who is not a Consumer.
XVI. FINAL PROVISIONS
1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
3. Any disputes arising from Sales Agreements between the Store and Consumers will be settled in the first place through negotiations, with the intention of amicable settlement of the dispute. However, if this would not be possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, in accordance with point 4 of this chapter.
4. Litigation of Disputes:
a) Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
b) Any disputes arising between the Service Provider and the Service Recipient (Client) who is not a Consumer at the same time, shall be submitted to the court competent for the seat of the Service Provider.5. The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application for mediation or an application for consideration of the case by an arbitration court after the complaint procedure is completed (the application can be downloaded from the website http://www.uokik. gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.
6. In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.