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STORE TERMS OF USE
§
1
General provisions
1. These terms of use present the conditions for purchase in Store for Customers whose delivery address was specified as a place beyond the territory of the Republic of Poland.
2.
The following notions in these terms of use have the following
meaning:
a)
Working days – all days of the week from Monday to Friday,
excluding Polish bank holidays.
b) Customer – a person using
Store, a natural person, with full legal capacity (therefore, in
principle, at least of 18 years of age), a legal person or an
organizational unit, not a legal person that is given their legal
capacity by the law.
c) Consumer – a natural person that
undertakes the legal act not directly related to their business of
professional activity (Art. 22 of the Civil Code).
d) Customer
account– collection of Customer information, as well as actions
performed by Customer in Store (including customer data necessary for
execution of submitted orders, order record, execution status of
orders being processed).
e) Store or Internet store – Internet
store operating at www.carpatree.com, managed by Seller, through
which Seller offers goods to Customers.
f) Seller - Jakub
Chmielniak, conducting business activity under the company name of
"LETHE Jakub Chmielniak", with its main office at
Czajkowskiego Street No. 15, 43-300 Bielsko-Biała, NIP (Tax
Identification Number): 937-24-97-177, Regon (National Business
Registry Number): 241353364, Tel/fax +48 883392182, email address:
info@carpatree.com.
g) Goods – merchandise available in Store.
3.
Pricing in Store shall not constitute an offer as defined in the
provisions of the Civil Code, but solely invitation to enter into a
contract.
4.
Prices in Store are given in Euro (gross, after adding any duties,
VAT tax, and other taxes). Pricing does not contain shipping and
payment cost- these costs are every time decided upon by Customer at
the time of placing the order. The final price in relation to the
contract for selling Goods is specified during the process of offer
(order) placement, in accordance with §3 section 1 and 2.
§
2
Account registration
1.
Customers are offered the possibility of registration in Internet
Store, which results in creating user Account.
2.
Registration process means:
a)
Customer filling in the registration form available on the Store
website (the form presents itself when selecting appropriate Store
subsite or when placing the order). It is required that at least the
fields marked as obligatory be filled in. These are: name and surname
or company name, address, shipping address (if different from user’s
address), email address, and-in case of business activity- company
name and NIP (Tax Identification Number),
b) acceptance of the
terms of use and cookie policy.
3.
After filling in the registration form, Customer is sent a message
via e-mail to the address provided during registration. Customer is
requested to confirm the information by clicking on the attached
link. Customer Account is established as soon as the confirmation
process has taken place.
4.
Customer is entitled to remove the Store account at any time by
sending appropriate request at info@carpatree.com.
5.
Seller is entitled to terminate Account of a particular Customer also
in case of the rule violations, especially when Customer:
a)
Provided during registration in Internet Store inaccurate, outdated
or invalid information that might be misleading or might infringe
rights of third parties.
b) Through the Internet store
committed an act of infringement of personal interests of third
parties, especially personal interests of other Customers of the
Internet Store,
In such a case re-registration is not permitted.
6.
Terminating Account shall not impact validity of earlier legal
actions performed by Seller with Customer in Store.
§6
Product
liability
1. Seller bears responsibility
for faulty Goods in case of Customers who are Consumers in line with
the conditions specified in the Law of 27 July 2002 on special
conditions of consumer sales and on changes in the Civil Code, and in
case of other Customers – in line with the conditions specified in
the Law of 23.04.1964 r. – the Civil Code.
2. Faulty goods
(complaints) might be submitted via e-mail at info@carpatree.com or
in writing at the Seller’s address provided in §1.
Customer
shall, if possible, write the following in the content of the letter
of complaint:
a) fault description, including, especially: what
the fault is and when it was discovered.
b) the date of revealing
the fault.
c) what Customer request is in connection with
complaint submission.
- However, lack of any of the above elements
in the letter of complaint submitted by Customer who is
Consumer shall not preclude consideration of the complaint. Sending
complete documentation might however speed the proceedings.
§7
Goods exchange
1.
Customer who is Consumer might refer to Seller to exchange the
purchased Goods for another copy of the same Goods or other Goods
available in Store – for an additional charge or return of the
difference in value. Shall it be necessary to return Goods, Customer
decides on the form of return.
2.
In case of Seller giving consent to exchange Goods /merchandise, the
shipping cost shall be covered by Customer.
§8
Personal data
1.
Seller processes personal data of Customers exclusively in the range
provided for by the provisions of law, including the Law of 29 August
1997 on personal data protection (i.e. – Journal of Laws
02.101.926, as amended) or these terms of use.
2.
Seller shall undertake the necessary technical and organizational
means to protect the processed personal data.
3.
Through Account registration or order placement in accordance with §2
and 3, Customer gives consent to process personal data given in the
registration form or order form so that Seller can perform their
duties resulting from the contract with Customer, and also these
terms of use (especially – for goods shipment, invoice issue,
and handle ongoing correspondence).
4.
In case of and in line with the conditions specified in the Law on
personal data protection, especially in art. 24 and art. 32-35,
Customer is entitled to access their data, correct it or delete it.
5.
Customer might give consent to have their personal data processed by
Seller for marketing purposes, as well as consent to be sent trade
information by Seller via e-mail.
6.
In each case disclosure of personal data by Customer is voluntary-
subject to that fact that some data is essential for Seller to
execute the sale contract concluded through Store.
7.
Customer personal data might be disclosed to a third party if such
right or duties result from the rule of law.
§9
Technical requirements, prohibition of posting illegal content, complaints regarding Store operation
1.
Through Store Seller provides Customers with the possibility of free
use of the following e-services (within the meaning of the law of 18
July 2002 on providing e-services, Journal of Laws .2002.144.1204
as amended):
a) making Store content available.
b) concluding
sale contracts for Good with Seller through Store in line with the
conditions specified in these terms of use.
2.
In order to use the above services Customer shall have at their
disposal: a device that might be connected to the Internet and has an
operating system, Internet connection, as well as an e-mail account.
3.
The conditions of storing cookies by Seller on Customer’s devices,
as well as Seller’s access to those cookies are specified by Cookie
Policy which is attached to these terms of use.
4.
Customer shall not use this Store to post content (e.g. comments) of
illegal character– including content promoting violence or
pornography or content infringing rights of a third party. Shall
Seller receive any official notification or reliable information
regarding illegal character of stored content provided by Customer,
Seller might prevent access to this content.
5.
Customer shall:
a) not make use of Store in a way that interferes
with its functioning, especially by use of specific software or
devices.
b) not take actions such as: circulating or
posting spam in the Internet store,
c) use Internet store without
causing inconvenience to other customers and Seller,
6.
In case of dissatisfaction with Store operation, Customer is entitled
to submit a complaint via e-mail at: info@carpatree.com. Customer
shall be informed about the way of handling their complaint at the
e-mail address it was sent from within 14 days from its receipt by
Seller.
§10
Changes to terms of use
1.
Seller is entitled to change the provisions of these terms of use. In
such a case:
a) registered Customers shall be informed about the
changes via e-mail at the address provided at registration – at
least 14 days before the changes are in place.
b) registered
Customers shall be asked for acceptance of changes of the terms of
use next time they log in.
2.
Lack of acceptance of the changes in the terms of use is equal to
termination of the e-services contract, specified in §9 of these
terms of use effective immediately and resulting in terminating
Customer’s Account – subject to §10 section 3 below.
3.
Changes of the terms of use shall not infringe the rights accrued by
Customers; and they shall not impact the placed orders that shall be
processed based on the existing terms of use.
§11
Final
provisions
1
The governing law applicable for these terms of use, as well as for
all contracts concluded under this law (especially for sale contracts
for Goods) is the law of the Republic of Poland.
2
In case of Customers who are Consumers whose permanent residence is
European Union (except for Denmark) but outside of the Republic of
Poland– section 1 is applied to the extent that it shall not
exclude application of regulations applicable in the country of
permanent residence of Consumer, the ones that shall not be excluded
on the grounds of the contract (see Art. 6 of the Directive of
the European Parliament and European Council of 17 June 2008 on the
governing law applicable for contractual obligations [Rome I, Journal
of Laws of .UE.L.2008.177.6]).
3
In the event a dispute arises based on these terms of use or
contracts included in its execution shall be settled by Polish common
court having jurisdiction in accordance with the applicable
regulations.
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