Regulations of the fineinstruments.eu online shop
In connection with the new regulations on the protection of personal data (PDA) coming into force on 25 May this year, we would like to inform you that your personal data are in our database and we have made every effort to ensure their safety.
As administrator of SPRZEDAŻ AKCESORIÓW I NARZĘDZI LUTNICZYCH R. N. HENGLEWSCY CIVIL PARTNERSHIP processes and stores your data for order processing purposes.
Below is some detailed information - we encourage you to read it:
We are available for any questions you may have.
Sales of R.N. soldering accessories and soldering tools. Henglewscy
11 Kopernika Street
62-030 Luboń
tel. +48.61 868 48 48, 604 084 097
fax 61/813 00 84
e-mail: henglewscy@henglewscy.com.pl
CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN AN ONLINE SHOP
3. THE CONDITIONS FOR CONCLUDING THE SALES CONTRACT
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
5. THE COST, METHODS AND TIME OF DELIVERY AND RECEIPT OF THE PRODUCT
6. PRODUCT COMPLAINT
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL (APPLIES TO SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
9. PROVISIONS CONCERNING ENTREPRENEURS
10. FINAL PROVISIONS
11. MODEL WITHDRAWAL FORM
The www.fineinstruments.eu online shop takes care of consumer rights. A consumer cannot waive the rights granted to him in the Act on Consumer Rights. Provisions of agreements less favourable to the consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of the Act on Consumer Rights shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any of the consumer's rights under the mandatory provisions of the law, and any doubts that may arise must be translated in favour of the consumer. In the event of any conflict between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail and shall apply.
1. GENERAL PROVISIONS
1.1 The Internet shop available at the Internet address www.henglewscy.com.pl is run by partners conducting joint business activity on the basis of a civil partnership agreement under the name SPRZEDAŻ AKCESORIÓW I NARZĘDZI LUTNICZYCH ROMUALD, NELL HENGLEWSCY SPÓŁKA CYWILNA, (address of the place of business and address for delivery: 17 Grotkowska Street, 60-176 Poznań), NIP of the civil partnership: 7791022029, REGON of the civil law partnership: 632101453, e-mail address: henglewscy@henglewscy.com.pl, i.e. NELL NOWICKĄ- HENGLEWSKĄ conducting business activity under the business name "SPRZEDAŻ AKCESORIÓW I NARZĘDZI LUTNICZYCH ROMUALD, NELL HENGLEWSCY" ; "BRASS POINT NELL NOWICKA-HENGLEWSKA". (address of place of business: ul. Grotkowska 17, 60-176 Poznań) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister in charge of economy, NIP 7791163818, REGON 630483456 and ROMUALD HENGLEWSKI conducting business activity under the name ROMUALD HENGLEWSKI "PRACOWNIA LUTNICZA"; "SALE OF ACCESSORIES AND SOLDERING TOOLS ROMUALD, NELL HENGLEWSKI". (address of the place of business: 17 Grotkowska Street, 60-176 Poznań) entered in the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister in charge of economy, NIP 7791163758, REGON 630483410.
1.2 These Regulations are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Regulations states otherwise and is addressed solely to consumers or entrepreneurs.
1.3 The Seller is the administrator of personal data processed in the On-line store in connection with the implementation of the provisions of these Terms. Personal data shall be processed for the purposes, to the extent and on the basis of the grounds and principles indicated in the privacy policy published on the website of the On-line store. The Privacy Policy contains, first of all, the rules concerning the processing of personal data by the Administrator in the On-line store, including the grounds, purposes and scope of personal data processing and the rights of the data subjects, as well as information concerning the use of cookies and analytical tools in the On-line store. The use of the On-line store, including making purchases, is voluntary. Similarly, the provision of personal data by the user of the On-line store to the Customer or the Client is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. Workday - one day from Monday to Friday, excluding public holidays.
1.4.2. REGISTRATION FORM - a form available in the Online Shop enabling the creation of an Account.
1.4.3. ORDER FORM - Electronic Service, an interactive form available in the Online Shop enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.4. CUSTOMER - (1) a natural person having full legal capacity, and in cases provided for by generally applicable regulations also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which legal capacity is granted by law; - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.5. CIVIL CODE - Civil Code Act of 23 April 1964. (Journal of Laws 1964 No 16, item 93 as amended).
1.4.6. ACCOUNT - Electronic Service, a collection of resources in the Service Provider's ICT system marked with an individual name (login) and password provided by the Service Recipient, in which the data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.
1.4.7. NEWSLETTER - Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news and promotions in the Online Store.
1.4.8. PRODUCT - a movable item available at the Online Store and subject of the Sales Agreement between the Customer and the Seller.
1.4.9. REGULATIONS - these Regulations of the On-line store.
1.4.10. Internet Shop - the Service Provider's Internet shop available at the following Internet address: www.fineinstruments.eu
1.4.11. SELLER; SERVICE PROVIDER - partners conducting joint business activity on the basis of a civil partnership agreement under the name SPRZEDAŻ AKCESORIÓW I NARZĘDZI LUTNICZYCH ROMUALD, NELL HENGLEWSCY SPÓŁKA CYWILNA, (address of place of business and address for delivery: ul. Grotkowska 17, 60-176 Poznań), NIP of the civil partnership: 7791022029, REGON of the civil law partnership: 632101453, e-mail address: henglewscy@henglewscy.com.pl, i.e. NELL NOWICKĄ- HENGLEWSKĄ conducting business activity under the business name "SPRZEDAŻ AKCESORIÓW I NARZĘDZI LUTNICZYCH ROMUALD, NELL HENGLEWSCY" ; "BRASS POINT NELL NOWICKA-HENGLEWSKA". (address of place of business: ul. Grotkowska 17, 60-176 Poznań) entered in the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister in charge of economy, NIP 7791163818, REGON 630483456 and ROMUALD HENGLEWSKI conducting business activity under the company ROMUALD HENGLEWSKI "PRACOWNIA LUTNICZA"; "SALE OF ACCESSORIES AND SOLDERING TOOLS ROMUALD, NELL HENGLEWSKI". (address of the place of business: 17 Grotkowska Street, 60-176 Poznań) entered in the Central Register and Information on Economic Activity of the Republic of Poland conducted by the minister in charge of economy, NIP 7791163758, REGON 630483410.
1.4.12. SALE AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Shop.
1.4.13. ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Customer via the Online Shop.
1.4.14. SELLER - (1) a natural person having full capacity to perform legal acts, and in cases provided for by generally applicable regulations also a natural person having limited capacity to perform legal acts; (2) a legal person; or (3) an organizational unit without legal personality, to which legal capacity is granted by law; - using or intending to use an Electronic Service.
1.4.15. CONSUMER RIGHTS ACT, ACT - Consumer Rights Act of 30 May 2014 (Journal of Laws 2014, item 827 as amended)
1.4.16. ORDER - a declaration of will of the Customer made by means of the Order Form and aimed directly at concluding the Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE INTERNET SHOP
2.1. The following Electronic Services are available in the Online Shop: The Order Form.
2.1.1. Account - using the Account is possible after completing two consecutive steps by the Service Recipient - (1) completing the Registration Form, (2) clicking the "Log in" field. In the Registration Form, it is necessary for the Service User to provide the following data: name and surname / company name, address (street, house / flat number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Customers who are not consumers, it is also necessary to provide the company name and tax identification number.
2.1.2. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: henglewscy@henglewscy.com.pl or in writing to the following address: ul. Grotkowska 17, 60-176 Poznań.
2.1.3 Order Form - the use of the Order Form begins at the moment the Customer adds the first Product to the electronic basket in the Online Store. The Order is placed after the Customer completes two successive steps altogether - (1) after completing the Order Form and (2) clicking on the Online Store's website after completing the Order Form, the field "Confirm purchase". - Until then, it is possible to modify the entered data by yourself (for this purpose, please refer to the displayed messages and information available on the Online Shop website). In the Order Form it is necessary for the Customer to provide the following data concerning the Customer: first and last name/company name, address (street, house/apartment number, postcode, town, country), e-mail address, contact telephone number and data concerning the Sales Agreement: Product(s), quantity of the Product(s), place and method of delivery of the Product(s), payment method. In case of Customers who are not consumers, it is also necessary to provide the company name and NIP number.
2.1.4. The Electronic Service of the Order Form is provided free of charge and is of a one-time nature and ends when the Order is placed through it or when the Customer stops placing an Order through it earlier.
2.2. Technical requirements necessary to cooperate with the information and communication system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) e-mail access; (3) web browser: Mozilla Firefox version 17.0 and above or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0 and above, Safari version 5.0 and above, Microsoft Edge version 25.10586.0.0 and above; (4) recommended minimum screen resolution: 1024x768; (5) enabling cookies and Javascript support in your web browser.
2.3. The Customer is obliged to use the Online Shop in a manner consistent with the law and good morals with respect to personal rights and copyrights and intellectual property of the Service Provider and third parties. The Customer is obliged to enter data in accordance with the facts. The recipient is prohibited from providing illegal content.
2.4. The procedure of complaint proceedings:
2.4.1 Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 1.1. 6 of the Terms and Conditions) The Service Recipient may, for example, submit
2.4.2 in writing to the address: Kopernika 11, 62-030 Luboń;
2.4.3. in electronic form by e-mail to the address: henglewscyreklamacje@wp.pl;
2.4.4 It is recommended that the Customer provides in the description of the complaint: (1) information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity; (2) the Client's request; and (3) contact details of the complainant - this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements in the previous sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.5 The Service Provider shall respond to the complaint immediately, not later than within 14 calendar days from the date of its submission.
3. THE CONDITIONS FOR CONCLUDING THE SALES CONTRACT
3.1 The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Store in accordance with item 3.1. 2.1.2 of the Regulations.
3.2 The Product price shown on the Online Store website is given in Polish zloty and includes taxes. The total price together with taxes of the Product which is the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and if the amount of these charges cannot be determined - the obligation to pay them, the Customer shall be informed on the Online Store's website in the course of placing an Order, including the moment the Customer expresses his or her will to be bound by the Sales Agreement.
3.3 The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.4 The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with item 1.22. 2.1.2 of the Regulations.
3.5. After placing an Order, the Seller shall immediately confirm receipt of the Order and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution takes place by sending an appropriate e-mail message by the Seller to the Customer's e-mail address given during the submission of the Order, which contains at least the Seller's statement of receipt of the Order and its acceptance for execution and confirmation of conclusion of the Sales Agreement. Upon receipt by the Customer of the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.6 The retention, security and making available to the Client the content of the concluded Sales Agreement is effected by (1) making these Regulations available on the website of the Online Store and (2) sending the Client the e-mail message referred to in pt. 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's IT system of the On-line store.
4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
4.1. The Seller shall make available to the Customer the following payment methods under the Sales Agreement:
4.1.1. Cash on delivery on delivery.
4.1.2. Payment in cash on personal delivery.
4.1.3. Payment by transfer to the Seller's bank account.
4.1.4. Electronic payments and card payments via Przelewy24.pl - possible current payment methods are specified on the Online Store website in the information tab on payment methods and on the website https://www.przelewy24.pl/.
4.1.4.1. Przelewy24.pl - PayPro S.A. company with its seat in Poznań (seat address: ul. Kanclerska 15, 60-327 Poznań), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań - Nowe Miasto and Wilda in Poznań, 8th Commercial Division of the National Court Register under the number KRS 0000347935, NIP 7792369887, REGON 301345068.
4.2. Payment term:
4.2.1. If the Customer chooses to pay by bank transfer, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay cash on delivery on delivery or cash on personal delivery, the Customer shall be obliged to make payment on delivery.
5. COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
5.1. The delivery of the Product is available on the territory of the Republic of Poland.
5.2. The delivery of the Product to the Customer is chargeable, unless the Sales Agreement states otherwise. Costs of delivery of the Product (including fees for transport, delivery and postal services) are indicated to the Customer on the pages of the Online Store in the information tab concerning the costs of delivery and during placing the Order, including the moment of expressing the Customer's will to be bound by the Sales Agreement.
5.3. Personal collection of the Product by the Customer is free of charge.
5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:
5.4.1. Postal delivery, postal delivery, COD delivery.
5.4.2 Courier delivery, COD delivery.
5.4.3. Personal collection available at the address: Kopernika 11, 62-030 Luboń Street - on Working Days, after prior arrangement of the day and time.
5.5. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter deadline is specified in the description of the Product or in the course of placing an Order. In the case of Products with different delivery dates, the delivery date is the longest specified, but it cannot exceed 7 Business Days. The beginning of the period for delivery of the Product to the Customer is calculated as follows:
5.5.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.5.2 In the case of the Customer's choice of cash on delivery payment method - from the date of concluding the Sales Agreement.
5.6. Deadline for Product readiness for collection by the Customer - in the case of the Customer's choice of personal collection of the Product, the Product will be ready for collection by the Customer within 7 Business Days, unless a shorter deadline is specified in the description of a given Product or during the Order placement. In the case of Products with different readiness for collection, the readiness for collection shall be the longest term given, which however may not exceed 7 Business Days. The Customer shall be additionally informed by the Seller about readiness for collection. The beginning of the period of Product readiness for collection by the Customer is counted in the following manner:
5.6.1. If the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account.
5.6.2. In the case of the Customer's choice of the method of cash on personal collection - from the date of conclusion of the Sales Agreement.
6. PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability to the Customer if the sold Product has a physical or legal defect (warranty) are defined by generally applicable laws, in particular the Civil Code (in particular Articles 556-576 of the Civil Code).
6.2. The Seller shall deliver the Product without defects to the Customer. Detailed information on the Seller's liability for a defect in the Product and the Customer's rights are specified on the Online Store's website in the information section on complaints.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to the address: Kopernika 11, 62-030 Luboń;
6.3.2. in electronic form by e-mail to the following address: henglewscyreklamacje@wp.pl;
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the defect occurrence; (2) request the manner of bringing the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and (3) contact details of the complainant - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements given in the previous sentence are in the form of a recommendation only and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller shall respond to the Customer's complaint immediately, not later than within 14 calendar days from the date of its submission. If a Customer who is a consumer has requested the replacement of the item or removal of the defect or has made a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 calendar days, the request shall be deemed justified.
6.6. The Customer, who exercises the rights under the warranty, is obliged to deliver the defective Product to the address at the expense of the Seller: Kopernika 11, 62-030 Luboń Street. In the case of a Customer who is a consumer the cost of delivery of the Product is borne by the Seller, in the case of a Customer who is not a consumer the cost of delivery is borne by the Customer. If, due to the type of the Product or method of its installation, delivery of the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information concerning the possibility for a Customer who is a consumer to take advantage of out-of-court methods of complaint handling and claiming and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at the address: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. The President of the Office of Competition and Consumer Protection also has a contact point (telephone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warszawa.), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court resolution of consumer disputes.
7.3. The consumer has the following examples of out-of-court ways of handling complaints and pursuing claims: (1) application for resolution of a dispute to a permanent amicable consumer court (for more information see: http://www.spsk.wiih.org.pl/); (2) application for out-of-court resolution of a dispute to a provincial inspector of the Commercial Inspectorate (for more information see the website of the inspector competent for the place of business activity of the Seller); and (3) assistance from a district (municipal) consumer advocate or social organisation whose statutory tasks include consumer protection (e.g. the Federation of Consumers, the Association of Polish Consumers). Advice is provided, inter alia, by e-mail at porady@dlakonsumentow.pl and at the consumer helpline 801 440 220 (the helpline is open on Working Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).
7.4. An online platform for dispute resolution between consumers and traders at EU level (ODR platform) is available at https://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop-shop for consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales or service contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
8. RIGHT OF WITHDRAWAL
(CONCERNS SALES CONTRACTS CONCLUDED FROM 25 DECEMBER 2014)
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs set out in point 8.1. 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: Kopernika 11, 62-030 Luboń Street;
8.1.2 in electronic form by e-mail to the following address: henglewscyreklamacje@wp.pl;
8.2. An exemplary model withdrawal form is included in Appendix 2 to the Act on Consumer Rights and is additionally available in point 1.1. 11 of the Regulations and on the website of the Online Store in the tab concerning withdrawal from the contract. The consumer may use the model form, but it is not obligatory.
8.3. The period to withdraw from the contract begins:
8.3.1. for the contract, under which the Seller issues the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party other than the carrier indicated by him, and in the case of a contract which: (1) includes multiple Products that are delivered separately, in batches or parts - from taking possession of the last Product, batch or part, or (2) involves regular delivery of Products for a fixed period of time - from taking possession of the first Product;
8.3.2. for other contracts - from the date of contract conclusion.
8.4. In the case of withdrawal from a distance contract, the contract shall be deemed not concluded.
8.5. The Seller is obliged to immediately, no later than 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, return to the consumer all payments made by the consumer, including the cost of delivery of the Product (except for additional costs arising from the method of delivery chosen by the Customer other than the cheapest ordinary delivery method available in the Online Store). The Seller shall refund payments using the same method of payment as the consumer, unless the consumer has expressly agreed to another method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the return of payments received from the consumer until he has received the Product back or the consumer has provided evidence of its return, whichever is the earlier.
8.6. The Consumer is obliged to return the Product to the Seller immediately, no later than within 14 calendar days from the day on which he withdrew from the contract, or to hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to return the Product before its expiry. The Consumer may return the Product to the address: Kopernika 11, 62-030 Luboń Street.
8.7. The Consumer is responsible for any reduction in the value of the Product resulting from its use in a manner exceeding that necessary to determine the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for additional costs incurred by him.
Return of oversized shipments, i.e. cello cases costs approx. PLN 50.00 gross. Return of double basses cost about PLN 50.00 gross. 180.00 PLN gross
8.8.2 The Consumer shall bear the direct costs of returning the Product.
8.8.3. In the case of a Product which is a service whose performance - at the express request of the consumer - has begun before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided until the moment of withdrawal. The amount of the payment shall be calculated in proportion to the extent of the performance, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the calculation of that amount shall be based on the market value of the performance provided.
8.9 The consumer has no right of withdrawal from a distance contract:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the performance began, that after the performance of the Seller will lose the right of withdrawal; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) where the subject of the performance is an unprocessed product manufactured to the consumer's specifications or to meet his or her individual needs; (4) where the subject of the performance is a product that is rapidly deteriorating or has a short shelf life; (5) in which the subject-matter of the service is a Product supplied in sealed packaging which, after opening the packaging, cannot be returned for health or hygiene reasons if the packaging has been opened after delivery; (6) in which the subject-matter of the service is a Product which, after delivery, by its nature, is inseparably combined with other things; (7) where the subject of the performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer has expressly requested the Seller to come to him for urgent repair or maintenance; if the Seller provides additional services other than those which the consumer has requested, or provides Products other than replacement parts necessary for repair or maintenance, the consumer shall have the right of withdrawal with regard to additional services or Products; (9) in which the subject matter of the performance is sound or visual recordings or computer programs supplied in sealed packaging if the packaging has been opened after delivery; (10) for the supply of newspapers, periodicals or magazines, with the exception of the subscription agreement; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sporting or cultural events if the contract specifies a day or period of performance; (13) for the supply of digital content which is not recorded on a tangible medium if performance has begun with the consumer's express consent before the end of the withdrawal period and after the seller has informed the consumer of the loss of the right of withdrawal.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This section of the Terms and Conditions and the provisions contained herein apply only to Customers and Non-Consumers.
9.2. The Seller shall have the right to withdraw from the Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit the available methods of payment, including the requirement to make a prepayment in whole or in part, regardless of the method of payment chosen by the Customer and the fact of conclusion of the Sales Agreement.
9.4. At the moment of handing over the Product by the Seller to the carrier, the benefits and burdens associated with the Product and the danger of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case the Seller is not responsible for the loss, loss or damage of the Product resulting from the acceptance of the Product for transport until its delivery to the Customer and for the delay in transporting the consignment.
9.5. In the case of sending the Product to the Customer through 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 the Customer finds that the Product has been lost or damaged during transportation, he or she must take all steps necessary to establish the responsibility of the carrier.
9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards a Customer who is not a consumer is excluded.
9.7. In the case of Non-Consumer Customers, the Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without indicating the reasons by sending a statement to the Customer.
9.8. The liability of the Service Provider/Seller to the Customer/non-consumer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but not more than one thousand PLN. The Service Provider/Seller shall be liable to the Customer/non-consumer only for typical damage foreseeable at the time of conclusion of the contract and shall not be liable for lost profits to the Customer/non-consumer.
9.9. Any disputes arising between the Seller/Service Provider and the Client/Chainee not being a consumer shall be submitted to the court having jurisdiction over the seat of the Seller/Service Provider.
10. FINAL PROVISIONS
10.1. Amendment of the Regulations:
10.1.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal regulations; changes in the methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Regulations.
10.1.2. Where agreements of a continuous nature are concluded under these Terms and Conditions (e.g. provision of an Electronic Service - Account), the amended Terms and Conditions shall be binding on the Customer if the requirements set out in Articles 384 and 384[1] of the Civil Code are met, i.e. the Customer has been correctly notified of the amendments and has not terminated the agreement within 14 calendar days of the notification. If the amendment to the Regulations results in the introduction of any new fees or an increase in the current Consumer Customer has the right to withdraw from the contract.
10.2. In the event of the conclusion of contracts under these Terms and Conditions other than continuous contracts (e.g. Sales Agreement), amendments to the Terms and Conditions shall in no way affect the rights acquired by Customers/Customers who are consumers before the date of entry into force of the amendments to the Terms and Conditions, in particular, amendments to the Terms and Conditions shall not affect orders already placed or submitted and concluded, performed or completed Sales Agreements.
10.3. In matters not regulated by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: The Civil Code; the Act on Providing Electronic Services of 18 July 2002. (Journal of Laws 2002 No. 144, item 1204 as amended); for Sales Agreements concluded until 24 December 2014 with Customers who are consumers - provisions of the Act on the protection of certain consumer rights and liability for damage caused by a dangerous product of 2 March 2000. (Journal of Laws 2000 No. 22, item 271 as amended) and the Act on special conditions of consumer sales and on the amendment of the Civil Code of 27 July 2002. (Journal of Laws 2002 No. 141, item 1176 as amended); for Sales Agreements concluded from 25 December 2014 with Customers who are consumers - provisions of the Act on Consumer Rights of 30 May 2014. (Journal of Laws 2014, item 827 as amended); and other relevant provisions of generally applicable law.
11. MODEL WITHDRAWAL FORM
(ANNEX 2 TO THE CONSUMER RIGHTS ACT)
Model withdrawal form
(this form must be completed and returned only if you wish to withdraw from the contract)
- The adress:
SPRZEDAŻ AKCESORIÓW I NARZĘDZI LUTNICZYCH R. N. HENGLEWSCY CIVIL PARTNERSHIP
11 Kopernika Street, 62-030 Luboń
fineinstruments.eu
henglewscy@henglewscy.com.pl
- I hereby inform you of my withdrawal from the contract of sale of the following items(*) the contract of supply of the following items(*) the contract of work consisting in the performance of the following items(*)/for the provision of the following service(*)
- Date of contract conclusion(*)/collection(*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if the form is sent on paper)
- Date
(*) Delete where not applicable.