§ 1 GENERAL PROVISIONS
- The website is available at www.adicam.pl and is managed by Adrian Wyszyński Adi Trade with the address of the place of business and the address for delivery: ul. Antoniego Orszagha 8a, 05-230 Kobyłka, NIP 1251653355, REGON 366763214, e-mail: , phone: +48508448319. The service office is open on business days from 9-17 Central European Time, hereinafter referred to as the Seller.
- The Customer is obliged to use the Website in a manner consistent with the law and decency, with due regard for the personal rights, copyrights and intellectual property of the Seller and third parties and enter data in line with the facts. The Website is forbidden to provide illegal content.
- Complaints related to the provision of electronic services (i.e. electronic forms provided on the Website) by the Seller and other complaints related to the operation of the Website may be submitted, for example, in writing to the following address: ul. Antoniego Orszagha 8a, 05-230 Kobyłka; in electronic form to the e-mail address: . It is recommended that the Customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of irregularities; (2) Customer requests; and (3) contact details of the person submitting the complaint. The Seller shall respond to the complaint immediately, not later than within 14 days from the date of its submission.
- By placing an order, the customer declares that it is related to the professional nature of his business, and this is due to the use of the ordered product as part of his business. In the event that the Customer places an order for purposes unrelated to the professional nature of the business or acts as a consumer, he will inform the Seller thereof when placing the order (the order remarks window may be used).
- General conditions of sale are delivered to the Customer when placing the order and the Customer is obliged to accept them, under pain of refusal to conclude the contract. In the event of any contradictions and/or discrepancies between the general conditions of sale and any individual arrangements of the parties confirmed in documentary form, such individual arrangements shall prevail.
- The General conditions of sale do not apply to sales by the Seller’s distributors listed on the Website, and in this respect the Customer enters into a contract each time under the conditions specified by the distributor and with the distributor.
- The site allows placing orders without logging in and account registration.
§ 2 CONCLUSION AND IMPLEMENTATION OF THE CONTRACT
- The Product price shown on the Website is given in euros and does not include taxes. The price amount including taxes will be given after placing the order, because due to offering products in the EU zone and outside of it, the type of tax and its calculation on the purchase depends on the country of the buyer/delivery, e.g. EU customer who is not active 23% VAT on the purchase price will be charged to the VAT payer or the consumer, and in some cases the price shown on the Website may be the final price of the product (no VAT, e.g. within a Community delivery).
- The customer, when selecting the product shipping option, will be informed about the cost of delivery in the manner specified in paragraph 3. The cost of transport will be estimated in terms of the selected product/products, weight/size and place of delivery.
- The Seller shall inform the Customer of the total price resulting from paragraph 1 and 2 by e-mail within 3 working days of placing the order. If the customer does not agree to such a price, i.e. by adding the tax amount or the cost of transport, he may withdraw from the contract without incurring any costs within 7 days of receiving the information about the total price. If the Customer does not exercise his right to withdraw from the contract within the time limit, he shall be deemed to have accepted the total price and is obliged to pay it. A statement of withdrawal may be submitted to the Seller by e-mail to: .
- After placing the Order, the Seller immediately confirms its receipt by sending the Customer an appropriate e-mail by the Seller, which is also a confirmation and moment of concluding the sales contract.
- After placing the order and providing the total price as in paragraph 3 The Seller provides the Customer with the method/methods of payment available for this particular order, including payment by bank transfer to the Seller’s bank account – in currency or PLN, electronic payments and payments by payment card via a service supporting the so-called „quick payments”. If the method of payment does not suit the customer, he may within 7 days of receiving information about the payment method / methods for his order, resign from it (withdraw from the contract) without incurring any costs. Information on resignation may be submitted to the Seller by e-mail to:
- In the event of payment by the Customer in a currency other than acceptable (the currency being the one specified in the payment methods depending on the account to which it is to be directed and the contracting entity – PLN or EUR), any costs of currency conversion to PLN shall be borne by the Customer.
- In the case of payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 14 days from the date of receipt of the e-mail from the Seller as in paragraph 3. If no payment is made within this period, the order will be canceled.
- The deadline for delivery of the product to the Customer is up to 30 days, unless a different period is given in the description of the product or when placing the order. In the case of products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 30 days. The beginning of the period of delivery of the product to the Customer is counted from the date of crediting the Seller’s bank account or settlement account.
- Until receipt of the product by the customer, but no sooner than the total payment for the subject of the contract takes place, it remains the property of the Seller.
- Regardless of the method of delivery of the order, the sales contract shall be deemed completed upon receipt by the Customer’s own transport or when the Seller sends the product for transport to a professional transport company.
§ 3 PRODUCT COMPLAINT
- The seller is obliged to provide the customer with a product without defects.
- The complaint may be submitted by the Customer, for example in writing to the Seller’s address, in electronic form to the email: . It is recommended that the customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) demanding how to bring the product into compliance with the sales contract or a statement on price reduction or withdrawal from the contract; and (3) contact details of the complainant.
- The Seller shall respond to the Customer’s complaint immediately, no later than within 14 days from the date of its submission. If the Customer who is a consumer demanded replacement of the item or removal of the defect or made a statement on the price reduction, specifying the amount by which the price is to be reduced, and the Seller did not respond to this request within 14 days, it is considered that the request was justified.
- The customer who exercises the rights under the warranty is obliged to deliver the defective product to the following address: ul. Gdyńska 61A, 05-200 Wołomin. In the case of a Customer who is a consumer, the cost of delivery 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 the product is sent to a Customer who is not a consumer via the carrier, the Customer is obliged to examine the parcel in time and in the manner adopted for such parcels, under pain of losing the warranty. If it finds that during transport there was a loss or damage to the product, it is obliged to perform all actions necessary to determine the liability of the carrier.
- The Seller’s liability towards the Customer who is not a consumer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – to the amount of the total price of the sale contract paid. The Seller is liable to the Customer who is not a consumer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits.
- The Seller, if it is a producer of a sold item, guarantees it to the Customer for a period of 24 months from delivery to the Customer on the terms:
a) the warranty covers only defects in workmanship and material defects of the Product (so-called defects inherent in the moment of delivery),
b) if the Customer submits claims under the warranty during its term, the Seller will consider the complaint within 14 days, and if deemed justified, will repair or replace the Product with a new one,
c) the warranty does not cover the use of products resulting from normal operation, mechanical damage caused by improper installation of the Customer or intentional unauthorized modifications, defects due to improper use, defects of which the Customer knew at the time of purchase and accepted them,
d) in order to exercise the rights from the warranty, the Customer sends the Product at his expense to the Seller; the manner of exercising the rights is determined by the Seller (i.e. replacement or repair); in the event of inability to exchange the Product or inability or significant repair costs, the Seller, when accepting the complaint, may decide to return the product for a refund.
- The customer may use the warranty or guarantee, these rights are independent of each other.
§ 4 THE CONSUMER’S RIGHT TO WITHDRAW FROM THE CONTRACT
- A consumer who has concluded a distance contract (via Internet, e-mail) may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs referred to in paragraph 7. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract may be submitted, for example: in writing to the Seller’s address, in electronic form to the e-mail address: . In the event of withdrawal from a distance contract, the contract is considered void.
- A sample model withdrawal form available at the end of the General Terms and Conditions of Sale. The consumer may use the template form, but it is not mandatory.
- The time limit for withdrawing from the contract begins with taking possession of the product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract which includes many products that are delivered separately, in batches or in parts – from taking possession last product, batch or part.
- The seller is obliged to immediately, not later than within 14 days from the date of receipt of the consumer’s statement of withdrawal from the contract, return to the consumer all payments made by him, including the cost of delivery of the product (except for additional costs arising from the method of delivery chosen by the consumer other than the cheapest delivery method proposed). The seller refunds using the same payment method that the consumer used. The seller may withhold the reimbursement of payments received from the consumer until he has received the product back or the consumer has provided proof of his return.
- The consumer is obliged to immediately, not later than within 14 days from the day on which he withdrawn from the contract, return the product to the Seller or hand it over to a person authorized by the Seller to collect. The consumer may return the product to the following address: ul. Gdyńska 61A, 05-200 Wołomin.
- The consumer is liable for a 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.
- The consumer bears the direct cost of returning the product.
- The right to withdraw from a distance contract is not entitled to the consumer in relation to contracts: in which the subject of the service is a non-prefabricated product, manufactured according to the consumer’s specifications or serving to satisfy his individual needs; in which the subject of the service is a product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; in which the subject of the service are products that after delivery, due to their nature, are inseparably connected with other items.
- This paragraph does not apply to the possibility of contractual withdrawal from the contract referred to in § 2 paragraf 3 and 6.
§ 5 FINAL PROVISIONS
- Polish law applies to concluded contracts and their implementation.
- The Seller reserves the right to amend the General Terms and Conditions of Sale. The changes will not in any way affect the acquired rights of Customers before their entry into force, in particular such changes will not affect orders already placed or submitted, and concluded, implemented or executed sales contracts.
- The customer who is a consumer has the following examples of the possibility of using out-of-court complaint consideration and redress: (1) a request to resolve the dispute to a permanent consumer arbitration court (for more information please visit: http://www.spsk.wiih.org.pl), (2) a request for out-of-court resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business of the Seller), and (3) assistance from the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). At http://ec.europa.eu/consumers/odr there is a platform available for online dispute resolution between consumers and entrepreneurs at EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or contract for the provision of services (more information on the platform’s website or at the Office of Competition and Consumer Protection’s website : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
- Any disputes arising between the Seller and a Customer shall be subject to the court having jurisdiction over the seat of the Seller.
Model withdrawal form
(this form should be completed and returned only if you wish to withdraw from the contract)
Adrian Wyszyński Adi Trade
st. Antoniego Orszagha 8a, 05-230 Kobyłka
I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract of delivery of the following items (*) contract for a specific work involving the performance of the following items (*) / for the provision of the following service (*)
Date of conclusion of the contract (*) / receipt (*)
Name of consumer (s)
Address of consumer (s)
Signature of consumer (s) (only if the form is sent on paper)
(*) Delete as applicable.