I. INTRODUCTORY PROVISIONS
(1) These Regulations (“Regulations”) have been drawn up pursuant to Article 8(1)(1) of the Act of 18 July 2002 on provision of electronic services (Journal of Laws of 2002, No. 144, item 1204 with as amended).
(2) The terms used in the Regulations shall mean:
(a) Business Days – days from Monday to Friday, except for public holidays;
(b) Shop – “broKat” online shop operating at www.pracowniabrokat.pl, is run by Brokat limited liability company with headquarters in Katowice (postal code: 40-860). Gliwicka 188/3, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court of Katowice Gliwicka 188/3, entered in the register of entrepreneurs of the National Court Register kept by the District Court of Katowice-Wschód in Katowice, 8th Commercial Division of the National Court Register. Economic Department of the National Court Register under the number KRS: 0000565588, holding NIP: 6342842136, REGON: 361933918 and share capital of PLN 150,000.00 (in words: one hundred fifty thousand zlotys 00/100). Whenever the Terms and Conditions refer to the Company, this shall be understood as it shall also mean the Store.
c) Buyer – a person placing an order through the Store.
d) Consumer – a natural person placing an order with the Store which is not directly connected with his or her
business or professional activity.
e) Entrepreneur – a natural person, legal person and organisational unit not being a legal person, with legal capacity, conducting business or professional activity in its own name. professional activity on its own behalf.
f) Goods – the Company’s own products and products of other manufacturers offered for sale by the Shop.
Third Regulations are made available free of charge through the Store, and each Buyer has each Buyer has the opportunity to become familiar with the provisions of the Regulations prior to conclusion of a contract between the Shop and the Buyer. The Rules have also been made available on the Store’s website The Regulations are also available on the Store’s website in PDF format in a way that makes it possible to obtain, reproduce and preserve them. 4th Other Company details: a) Bank account number: 61 1050 1214 1000 0092 1348 9496 (ING
Bank Śląski S.A.).IBAN: PL61 1050 1214 1000 0092 1348 9496 SWIFT – BIC: INGBPLPW b) Contact: tel.
mobile: +48 883 866 008 (from 08:00 to 17:00), e-mail: firstname.lastname@example.org,
II. ACCOUNT CREATION AND ORDERING PROCEDURE.
(1) First Via the Store it is possible to create and maintain an account, place orders and use the newsletter. using the newsletter.
(2) In order to create an account in the Store you must complete a registration form. Setting up an account is free of charge. In order to use the account you must log into it by entering the login and password indicated in the registration form, unless the login or password has been changed by the Buyer after the creation of the account.
Placing an order is possible through an established account in the Store or by providing personal and address data necessary to complete the order.
(3) Shop sells Goods via the Internet.
(4) Information about the Goods. Information about the Goods can be found on the website of the Store in the tab concerning the given Goods.
(5) Orders are accepted via the website of the Store. In order to place an order. Order should be filled in the order form. After the order has been placed, the Buyer. After placing the order a message is sent to the Buyer by e-mail, stating that the order has reached the Store.
(6) Confirmation of the accession to the implementation of the contract is when the buyer receives an e-mail from the Store with a confirmation of the order placed. At this moment, the contract of sale between the Store and the Buyer is considered to have been concluded. The Store is obliged to deliver the ordered Goods, and the obligation of the Buyer to pay for the ordered Goods.
(7) Placing orders via the Internet is possible on condition that the system used by the Buyer to meet the following minimum technical requirements: Current web browser with Java Script support: Internet Explorer, Mozilla Firefox, Opera, Safari or Google Chrome.
(8) In order to make purchases in the Store, it is necessary to have an active e-mail account
(9) It is prohibited to provide content of an unlawful nature by the Buyer.
(10) If it is not possible to implement the order, the shop will notify the Buyer of this fact within 14 days of receipt by the Buyer of a confirmation of order placement
order. If the buyer pays for the order, the shop will return the money paid.
(11) If part of the contract can not be fulfilled, the Buyer is informed of this fact. The buyer decides whether the order is to be partially fulfilled or completely cancelled.
(12) A limited number of Goods is available for promotion and sale. Orders are fulfilled in the order they are received, until the stocks covered by this form of sale are exhausted of stocks covered by this form of sale.
III. PAYMENT AND ORDER PROCESSING TIME
(1) All prices of Goods displayed on the website of the Store are given in Polish zloty, they include VAT and do not contain information about delivery costs.
(2) The order processing time is respectively: a) in the case of payment “cash on delivery” – 3 Business Days from the date of receipt of order confirmation. Working Days from the date of receipt of order confirmation; b) in the case of payment by transfer (prepayment) – 3 Business Days from the date of registration of the amount due on account of the Store. If we do not have the selected variant in stock, the lead time may extend time may be extended to 10 working days.
(3) After completing the order the goods are sent to the Buyer. Expected delivery time is 2 working days.
(4) Delivery time = lead time + estimated delivery time.
(5) The Buyer can pay for the ordered Goods in the territory of Poland by choosing one of the following forms of payment:
a) payment on delivery (the amount due is then collected by the courier);
b) bank transfer to the Store’s bank account (prepayment).
c) via the iMoje platform and PayPal.
(6) For orders with delivery outside Polish territory, the only form of payment is prepayment (transfer)
(7) Ordered goods are shipped on Polish territory through a professional carrier Inpost, DPD. The cost of delivery is:
– Inpost: 12,00 zł – in case of payment by bank transfer (prepayment); b) 16,00 zł – in the case of payment “on delivery”.
– DPD: 16.00 zł – in the case of payment by bank transfer (prepayment); b) 20.00 zł – in the case of payment on delivery. in the case of payment “cash on delivery”
(8) The cost of delivery outside Polish borders is determined individually, depending on the address and country to which the Goods are to be delivered.
IV.SHOP’S LIABILITY FOR DEFECTS IN GOODS
(1) Shop is responsible to the Buyer if the Goods sold have a physical defect.
(2) Physical defect consists in non-compliance of the Goods with the contract. In particular, the sold Goods are inconsistent with the contract if:
a) it does not have properties, which the thing of this type should have due to the purpose specified in the contract or resulting from the circumstances or purpose;
b) does not have the properties, of the existence of which the Seller assured the Buyer;
c) is not suitable for the purpose for which the Buyer informed the Store at the conclusion of the contract, and the Store has not
c) is not fit for the purpose for which the Buyer informed the Store at the conclusion of the contract and the Store has not raised an objection to such purpose;
d) has been delivered to the Buyer in an incomplete state.
(3) Shop is responsible under the warranty for defects in physical goods that existed at the time passing of risk to the Buyer or arose from the cause residing in the Goods sold at the same time.
(4) Danger of loss of or damage to the Goods passes onto the Buyer being an Entrepreneur
Entrepreneur – at the moment of handing over the Goods to the carrier referred to in Art. III.7, and to The Buyer being a Consumer – at the moment of delivery of the Goods by the carrier.
(5) If the sold Goods have a defect, the Consumer may make a statement on reducing the price or withdraw from the contract, unless the Shop immediately and without excessive inconvenience for the Consumer will replace the defective Goods with Goods free from defects or will remove the defect. This limitation shall not apply if the Goods have already been replaced or repaired by the Shop or the Shop has failed
(6) The Consumer may instead of the proposed replacement for the defect or removal of the defect. may instead of the removal of defects proposed by the Shop demand replacement of the Goods
free from defects or instead of replacing the Goods demand removal of the defect, unless bringing the Goods to conformity with the contract in a manner selected by the Consumer is impossible or
would require excessive costs in comparison with the method proposed by the Shop. When assessing the excessive costs, the value of the Goods free from defects, type and importance of the defect found, as well as the type and significance of the defect found, and also takes into account the inconvenience to which the Consumer would be exposed in another way.
manner of satisfaction.
(7) The reduced price shall be in such proportion to the price under the contract in which value of the Goods with the defect remains to the value of the Goods without the defect.
(8) The consumer may not withdraw from the contract if the defect is insignificant.
(9) If the sold Goods have a defect, the Entrepreneur may request replacement of the Goods for a defect-free one or remove the defect. The Shop may refuse to replace the Goods with defect-free ones or to remove the defect, if the replacement of the Goods or removal of defects is impossible or if the costs of satisfying this obligation exceed the price of the Goods sold. In such a situation, the Shop – at the choice of Trader – shall refund the amount paid or provide the Trader with other Goods (for the appropriate amount or refund part of the price paid).
(10) The Shop is obliged to replace the defective Goods with Goods free from defects or remove the defect within a reasonable time without time without undue inconvenience to the Buyer.
(11) Shop is obliged to accept from the Buyer defective Goods in the case of replacement of the Goods for free from defects or withdrawal from the contract. from defects or withdraw from the contract.
(12) If the Consumer has requested replacement of the Goods or removal of defects, the cost of replacement of the Goods shall be borne by the Shop. The Shop considers applications within 5 (five) Business Days from the date of receipt of defective Goods.
V. WITHDRAWAL FROM THE CONTRACT
(1) In accordance with the Act of 30 May 2014 on consumer rights, the Consumer may withdraw in writing from the contract without giving any reason within 14 (fourteen) calendar days from the date of delivery of the Goods. The Consumer may give notice of withdrawal by email, writing to to the address email@example.com. 2.
(2) The Consumer is obliged to return the goods to the Shop immediately, but no later than within 14 (fourteen) calendar days from the date of withdrawal. To meet the deadline is sufficient to return the Goods before its expiry.
(3) The Consumer shall bear only direct costs of returning the Goods to the Shop.
(4) The right of the Consumer to withdraw from the contract shall not apply in the case:
a) in which the object of performance is a fast deteriorating item or one having a short shelf life;
b) in which the subject matter of the supply is an item supplied in sealed packaging, which, after opening the packaging, cannot be returned for health protection or hygienic reasons, if the package has been opened after delivery;
c) in which the subject of the service are things that after delivery, due to their nature, are inseparable from other things.
(5) Shop shall refund the amount due for the returned Goods with the costs of the cheapest usual way of delivery (the amount of 12.00 PLN). delivery method (the amount of PLN 12.00) immediately, but not later than within 7 (seven) calendar days from the date of returning the Goods. Reimbursement shall be made to the Consumer’s bank account from which payment was made, to other bank account provided by the Consumer or in cash.
VI. PERSONAL DATA
(1) Customer’s personal data is processed by the Seller as the administrator of personal data. Providing personal data by the Customer is voluntary, but necessary to set up an Account,
use of certain Electronic Services, conclude a Sales Agreement.
(2) Seller uses appropriate technical and organizational measures to ensure the protection processed personal data.
(3) Personal data of the Customer made available at the Online Store or obtained on the basis Customer’s activity on the Internet, will be processed by the Seller for specific, specified
(4) The Customer, as a rule, depending on the use of specific functionalities, has the right to lodge a complaint to the authority competent for the protection of personal data, the right to object,
right to access his/her personal data, to demand their rectification, erasure, restriction processing and data portability.
VIII. FINAL PROVISIONS
(1) Any disputes between the Consumer and the Shop shall be resolved by the competent court in accordance with the Code of Civil Procedure of 17 November 1964 (Journal of Laws. No. 43, item. 296 as amended).
(2) In matters not covered by the Rules and Regulations shall be governed by Polish law, and in particular the Civil Code, the Act of 30 May 2014 on consumer rights (Dz. U. of 2014, item 827) and the provisions of the Act of 18 July 2002 on the provision of services by electronic means electronic services (i.e. Journal of Laws of 2013, item 1422 as amended).
(3) The Regulations shall be effective as of 12.08.2016.
(4) In order to comply with the obligation set out in Article 21 (1) (1) of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827), printed Regulations will be delivered Consumer together with the ordered Goods.