There are two ways to enter into an agreement between the Buyer and the Seller:
- The Buyer has the right before placing an order to negotiate any provisions of the contract with the Seller, including amending the provisions of the following terms and conditions. These negotiations should be conducted in writing and addressed to the Seller's address.
- In the event that the Buyer opts out of the possibility of concluding the contract by means of individual negotiations, the following terms and conditions and the relevant legal provisions shall apply.
TERMS AND CONDITIONS OF THE STORE
- Address - the name or surname of the institution, postcode and city.
- Trader's address:
"INTERSELL FIBER TECHNOLOGIES POLAND" Limited Liability Company
ul. Sosnowa 2B
TAX ID: 781-193-42-43
Share capital: PLN 5000
- Delivery price list – located at www.intersell.pl of available delivery types and their costs.
"INTERSELL FIBER TECHNOLOGIES POLAND" Limited Liability Company
ul. Sosnowa 2B
HOTLINE +48 71 307 07 55
- Delivery – the type of transport service, together with the carrier and cost, listed in the delivery price list located at www.intersell.pl
- Proof of purchase – invoice, bill or receipt issued in accordance with the Goods and Services Tax Act of 11 March 2004, as amended and other applicable law.
- Product card – a single store subpage containing information about a single product.
- Client – an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality and having legal capacity, making a purchase from the Seller directly related to his business or professional activity.
- Civil Code – Civil Code Act of 23 April 1964, as amended.
- Code of Good Practice – a set of rules of conduct, in particular ethical and professional standards, as referred to in Article 2(5) of the Act on combating unfair market practices of 23 August 2007, as amended.
- Consumer – an adult natural person with full legal capacity, making a purchase from the Seller not directly related to his business or professional activity.
- Shopping Cart – a list of products based on the products offered in the store - the buyer's choices.
- Buyer – Consumer and Customer.
- Place of issue of the goods – the address or collection point indicated in the order by the Buyer.
- Moment of issue of the goods – the moment when the Buyer or the third party indicated by him for collection will take possession of the property.
- Payment – method of payment for the subject of the contract and delivery listed at www.intersell.pl
- Consumer Law– Consumer Rights Act of May 30, 2014.
- Product – the minimum and atomic quantity of goods that can be the subject of an order and which is listed in the www.intersell.pl store as a unit of measure when determining its price (price/unit).
- Subject matter of the contract – products and delivery subject to the contract.
- Subject matter of the service – subject matter of the contract.
- Pick-up point – the place of issue of the item, which is not a postal address, listed in the statement made available by the Seller in the store.
- Item – a movable item which may be or is the subject of a contract.
- Shop – an online service available at the www.intersell.pl through which the Buyer can place an order.
"INTERSELL FIBER TECHNOLOGIES POLAND" Limited Liability Company
Ul. Obornicka 330
60-689 Poznan, Poland
TAX ID: 7811934243, REGON: 365669950
- System – a team of interconnected IT devices and software, providing the processing and storage, as well as sending and receiving data through telecommunications networks using a type-specific terminal device network, referred to as the Internet.
- Due date – The number of hours or working days indicated on the product card.
- Contract – a contract concluded outside the trader's premises or at a distance within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales contract within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.
- Defect – both a physical defect and a legal defect.
- Physical defect – non-conformity of the goods sold with the contract, and in particular if the thing:
- it does not have the characteristics which such an item should have because of the purpose in the contract marked or resulting from circumstances or purpose;
- does not have the characteristics of which the Seller has assured the Consumer,
- is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller has not raised a reservation about such purpose;
- has been delivered to the Consumer in an unsealed state,
- in case of incorrect installation and commissioning, if these actions were carried out by the Seller or a third party for whom the Seller is responsible, or by the Consumer, who followed the instructions received from the Seller,
- it does not have the characteristics of which the manufacturer or his representative or a person who places the item on the market in the course of his business and a person who, by placing his name, trade mark or other distinguishing sign on the sold item, presents himself as a producer, unless the Seller did not know these assurances or, in reasonable terms, could not have known or could not have affected the Consumer's decision to conclude a contract , or where their content has been corrected before the conclusion of the contract.
- Legal defect – a situation where the sold thing is owned by a third party or is encumbered by the right of a third party, and if the restriction on the use or disposition of the property results from a decision or decision of the competent authority.
- Order – a statement of the Buyer's will made through the store specifying unequivocally: the type and quantity of products, the type of delivery, the type of payment, the place of delivery of the goods, the buyer's details and aimed directly at concluding the contract between the Buyer and the Seller.
§2 General conditions
- The contract is concluded in Polish, in accordance with Polish law and these regulations.
- The place of issue of the goods must be located on the territory of the Republic of Poland.
- The seller is obliged and undertakes to provide services and deliver things free from defects.
- All prices quoted by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
- The Seller does not provide the Buyer with a warranty within the meaning of Article 577 of the Civil Code, but informs about the guarantees given to him by third parties for products located in the store.
- Confirmation, provision, fixation, safeguarding of all relevant provisions of the agreement in order to gain access to this information in the future shall take the form of:
- confirmation of the order by sending to the indicated e-mail address: orders, pro forma invoices, information about the right of withdrawal, these terms and conditions in pdf version, model withdrawal form in pdf version, links to self-download of the regulations and the pattern of withdrawal from the contract;
- to attach to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information about the right of withdrawal, these regulations, a model withdrawal form.
- The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer shall bear its costs in the amount resulting from the contract he has concluded with a third party providing him with a specific service enabling distance communication.
- The Seller shall ensure that the Buyer using the system is correct in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest JAVA and FLASH versions installed, on screens with a horizontal resolution above 1024 px. The use of third-party software affecting the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, so in order to get the full functionality of the www.intersell.pl store, you should disable them all.
- The buyer can use the option to remember his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his/her account. Login and password are a string of characters determined by the Buyer, who is obliged to keep them secret and protect against unauthorized access of third parties. The Buyer has the opportunity at any time to view, correct, update the data and delete the account in the www.intersell.pl
- The seller adheres to the Code of Good Practice.
§3 Conclusion of the contract and performance
- Orders can be placed 24 hours a day.
- In order to place an order, the Buyer should perform at least the following actions, some of which may be repeated repeatedly:
- Add a product to your shopping cart
- choosing the type of delivery,
- choosing the type of payment,
- choosing where to release the items,
- placing an order in the store by using the "Buy" button.
- The conclusion of the contract with the Consumer takes place upon placing the order.
- The execution of the Consumer's order payable on delivery takes place immediately, and the order payable by bank transfer or through the electronic payment system after the Consumer's payment has been credited to the Seller's account.
- The conclusion of the contract with the Customer takes place upon acceptance of the order by the Seller, which he informs the Customer within 48 hours of placing the order.
- The execution of the Customer's order payable on delivery takes place immediately after the conclusion of the contract, and the order payable by bank transfer or through the electronic payment system after the conclusion of the contract and the customer's payment is credited to the Seller's account.
- The execution of the Customer's order may be subject to payment of all or part of the value of the order or obtaining a limit of the merchant credit of at least the value of the order or the Seller's consent to send the order on delivery (payable on delivery).
- The subject of the contract is shipped within the period specified on the product card, and for orders placed with multiple products within the longest period of time specified on the product cards. The period starts to run when the order is processed.
- The purchased subject of the contract is sent together with the sales document selected by the Buyer to the type of delivery indicated by the Buyer in the order of the place of delivery of the goods, together with the attached annexes referred to in §2.
§4 Right of withdrawal
- The consumer shall have the right under Article 27 of consumer law to withdraw from a distance contract without giving any reason and without incurring costs, with the exception of the costs referred to in Article 33, Article 34 of consumer law.
- The deadline for withdrawal from the distance contract is 14 days from the moment of delivery of the goods, and to comply with the deadline it is enough to send a statement before its expiry.
- Declaration of withdrawal From the Contract The Consumer may submit on the form, a specimen of which is an annex - a form available at www.intersell.pl or in other written form in accordance with the Consumer Law.
- The seller excludes the possibility to make a declaration of withdrawal from the contract in a form other than written form.
- The Seller shall promptly confirm to the Consumer by e-mail (provided at the conclusion of the contract and other if stated in the declaration) receipt of the declaration of withdrawal from the contract.
- In the event of withdrawal from the contract, the contract is considered not to have been concluded.
- The Consumer is obliged to return the goods to the Seller immediately, but no later than 14 days from the date on which he withdrew from the contract. In order to meet the deadline, it is sufficient to return the goods before its expiry.
- The consumer shall return the goods which are the subject of the contract from which he has departed at his own expense and risk.
- The consumer shall not bear the costs of supplying digital content which is not recorded on a tangible medium if he has not agreed to the performance before the expiry of the withdrawal period or has not been informed of the loss of his right of withdrawal at the time of such consent or the trader has not provided confirmation in accordance with Article 15(1) and Article 21(1) of the Basic Regulation. Consumer law.
- The consumer is responsible for reducing the value of the contract item and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The Seller shall immediately, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, reimburse the Consumer all payments made by him, including the costs of delivery of the goods, and if the Consumer has chosen a delivery method other than the cheapest usual method of delivery offered by the Seller, the Seller shall not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
- The Seller shall refund the payment using the same method of payment as the Consumer, unless the Consumer has expressly agreed to another method of payment, which does not entail any costs for him.
- The Seller may withhold the refund of the payment received from the Consumer until the goods are received back or the Consumer has provided proof of its return, which is which occurs first.
- The consumer in accordance with Article 38 of consumer law shall not have the right to withdraw from the contract:
- in which 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,
- in which the object of the supply is a non-prefabricated item, manufactured to the consumer's specifications or to meet his individualised needs,
- in which the subject matter of the service is an item which is rapidly deteriorating or has a short shelf life,
- in which the object of the service is an item delivered in a sealed package which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,
- in which the subject matter of the service is goods which, after delivery, by their nature, are inseparably linked to other things,
- in which the subject matter of the service is sound or visual recordings or computer programs delivered in a sealed package, if the packaging has been opened after delivery,
- o the supply of digital content that is not recorded on a tangible medium, if the performance began with the express consent of the Consumer before the expiry of the withdrawal period and after the trader has informed him of the loss of the right of withdrawal,
- for the provision of newspapers, periodicals or periodicals, with the exception of a subscription agreement.
- The Seller pursuant to Art. 558 § 1 of the Civil Code completely excludes liability to Customers for physical and legal defects (warranty).
- The Seller is liable to the Consumer in accordance with the principles set out in Article 556 of the Civil Code and subsequent ada (warranty).
- In the case of a contract with the Consumer, if a physical defect has been established before the end of one year from the date of issue of the goods, it is assumed that it existed at the time of the passing of the danger to the Consumer.
- If the consumer has a defect if the sold thing has a defect, he may:
- make a statement requesting a price reduction,
- make a declaration of withdrawal from the contract, unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective thing with a defect-free or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free or defect-free item, he shall not be entitled to replace the item or remove the defect.
- The Consumer may, instead of the removal of the defect proposed by the Seller, demand that the item be replaced with a defect-free one or, instead of replacing the goods, demand the removal of the defect, unless it is impossible or excessive costs to bring the item into conformity with the contract in the manner chosen by the Consumer compared with the method proposed by the Seller, taking into account the value of the item free from defects when assessing excessive costs. , the nature and significance of the defect found, and the inconvenience to which the Consumer would otherwise be exposed shall be taken into account.
- The consumer may not withdraw from the contract if the defect is insignificant.
- If the consumer has a defect, he may also:
- require the replacement of the goods with a defect-free one;
- request the removal of the defect.
- The Seller is obliged to replace the defective thing with a defect-free one or to remove the defect within a reasonable time without undue inconvenience to the Consumer.
- The Seller may refuse to comply with the Consumer's request if it is impossible to bring the defective item into conformity with the contract in the manner chosen by the buyer or in comparison with the second possible way of bringing about conformity with the contract would require excessive costs.
- In the event that the defective thing has been installed, the Consumer may require the Seller to dismantle and reassemble after replacing it with a defect-free replacement or removing the defect, but is obliged to bear some of the associated costs in excess of the price of the sold goods or may require the Seller to pay part of the costs of dismantling and reassembling, up to the price of the sold goods. In case of non-performance of the obligation by the Seller, the Consumer is entitled to perform these actions at the expense and danger of the Seller.
- The Consumer, who exercises the rights under the warranty, is obliged at the seller's expense to deliver the defective item to the complaint address, and if due to the type of item or the way it is installed it would be excessively difficult for the Consumer to deliver the item, the Consumer is obliged to make the item available to the Seller in the place where the item is located. In case of non-compliance by the Seller, the Consumer is entitled to return the goods at the seller's expense and danger.
- The costs of replacement or repair shall be borne by the Seller, except as described in §4.
- The Seller is obliged to accept from the Consumer a defective thing in the event of replacement of the goods with a defect-free or withdrawal from the contract.
- The seller shall, within fourteen days, respond to:
- a statement requesting a price reduction,
- declaration of withdrawal from the contract,
- request the replacement of the goods with a defect-free one,
- request the removal of the defect.
Otherwise, it shall be deemed to have considered as justified a statement or demand of the Consumer.
- The Seller shall be liable under the warranty if the physical defect is found within two years from the date of the item to the Consumer, and if the object of sale is the item used before the end of one year from the moment of the issue of the goods to the Consumer.
- The Consumer's claim for removal of the defect or replacement of the item sold to the defect-free shall expire at the end of the year from the date of the defect, but not earlier than two years after the date of issue of the goods to the Consumer, and if the object of sale is the item used within one year from the date of the shipment of the goods to the Consumer.
- In the event that the expiry date specified by the Seller or the manufacturer ends two years after the delivery of the goods to the Consumer, the Seller shall be liable under the warranty for physical defects of the goods found before the expiry of this period.
- Within the time limits specified in §4, the Consumer may make a declaration of withdrawal from the contract or a reduction in the price due to a physical defect of the sold goods, and if the Consumer has requested the replacement of the goods with a defect-free or defect-free one, the period for making a declaration of withdrawal or price reduction shall begin upon the ineffective expiry of the time limit for replacing the goods or removing the defect.
- In the event of an investigation before a court or arbitration court of one of the rights under the warranty, the time limit for exercising other rights available to the Consumer in this respect shall be suspended until the proceedings have been finally terminated. Accordingly, it shall also apply to mediation proceedings, the time limit for exercising other warranty rights of the Consumer shall begin to run from the date of the court's refusal to approve the settlement concluded before the mediator or the ineffective termination of the mediation.
- §4 shall apply to the exercise of the rights under the warranty of the goods sold, since the period begins to run from the date on which the Consumer became aware of the existence of the defect, and if the Consumer became aware of the existence of the defect only as a result of an action by a third party , from the date on which the judgment given in the dispute with a third party became final.
- If, due to a defect of the goods, the Consumer has made a declaration of withdrawal from the contract or a reduction in the price, he may demand compensation for the damage he has suffered by concluding the contract without knowing the existence of a defect, even if the damage is due to circumstances for which the Seller is not responsible, and in particular may demand reimbursement of the costs of concluding the contract, the costs of picking up, transport, cheduling and insurance of things, reimbursement of expenses made in this regard , in so far as he did not benefit from them and did not receive reimbursement from a third party and reimbursement of the costs of the proceedings. This does not comply with the provisions on the obligation to make good the damage on a general basis.
- The expiry of any period for finding a defect does not exclude the exercise of warranty rights if the Seller has insidiously hidden the defect.
- The administrator of the personal databases provided by the Consumer store is the Seller.
- The Seller undertakes to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 and the Act on the provision of electronic services of 18 July 2002. The Buyer providing his personal data to the Seller when placing the order agrees to their processing by the Seller in order to fulfill the placed order. The Buyer has the opportunity to view, correct, update and delete his/her personal data at any time.
§7 Processing of personal data
- The CUSTOMER has the right to receive data on it in a structured, commonly used machine-readable format. It also has the right to transfer this data to another controller, without hindrance from the ADMINISTRATOR from whom the data will be extracted (Article 20(1)). In cases where technically possible, the CLIENT may require the ADMINISTRATOR to send his data directly to another controller (Article 20(2)).
§8 ODR Platform Information
- In exercising our obligation to indicate out-of-court complaint handling and redress procedures and the rules for access to these procedures, we hereby inform you that up-to-date information in this regard is made available on the website: http://prawaKONSUMENTA.uokik.gov.pl. Consumers and businesses can use the ODR online platform set up by the European Commission to settle disputes amicably. The platform is available at: http://ec.europa.eu/consumers/odr/. UOKIK maintains a register of entities entitled to out-of-court resolution of consumer disputes at https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php.
§9 Information on the disposal of Electrical Art.
- Waste electrical and electronic equipment should not be placed together with other waste. The waste equipment must be handed over to an entity authorised to collect used equipment.
- If the electrical equipment is intended for households, the SELLER shall be obliged to collect used household equipment free of charge at the place of delivery of that equipment, provided that the used equipment is of the same type and has performed the same functions as the equipment supplied.
- Collection points for waste equipment in the Republic of Poland: http://www.rzseie.gios.gov.pl/szukaj_rzseie.php?nazwa_podmiotu=&state_id%5B%5D=0&nr_rej=&nr_nip=&literal_id%5B%5D=Z&szukaj=Wyszukaj
§10 Final provisions
- Nothing in these terms and conditions is intended to violate buyer's rights. Nor can it be interpreted in this way, because in case of incompatibility of any part of the regulations with the applicable law, the Seller declares absolute compliance with and application of this right in place of the contested provision of the Regulations.
- The changes to the regulations and their scope registered Buyers will be notified electronically (on the indicated at the time of registration or e-mail order). The notification will be sent at least 30 days before the new regulations enter into force. Changes will be made in order to adapt the regulations to the current legal state.
- The current version of the terms and conditions is always available to the Buyer in the terms and conditions tab (www.intersell.pl). During the execution of the order and during the entire period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except when the Consumer considers it to be less favourable than the current one and informs the Seller about the choice of the current one as valid.
- In matters not covered by these Regulations, the relevant applicable legal provisions shall apply. Disputes, if the Consumer so desires, shall be resolved through mediation proceedings or arbitration. As a last resort, the case shall be decided by the court with jurisdiction locally and in a matter-by-case basis.