Regulations of the online store kolagenum.com
1 General provisions
- The following regulations govern the rules of making Orders in the Store operating at: (www.kolagenum.com), which is run by the Seller.
- The terms used in the content of these Regulations shall mean respectively:
- Rules and Regulations - these regulations, normalizing the rules of using the Store,
- Seller - Franciszek Siegień conducting business activity under the name of Franciszek Siegień WPPH ELENA Import-Export at the address: Kokanin 86, 62-817 Żelazków, NIP: 6180061318, REGON: 003372848, phone no: (62 760 2222), e-mail: (biuro@elena.pl), fax no: (62 769 5810)
- Buyer - any entity purchasing from the Seller's store, both consumer and entrepreneur.
- Products - items available for sale in the Store,
- Store - an online store operated by the Seller via the website(www.sklep.kolagenum.com),
- Order - an order for a Product or Products placed at the Store by a Customer in accordance with these Terms and Conditions,
- Price - the price of a Product placed next to each Product. Prices are given in Polish zloty and include VAT (they are gross prices). The price does not include the cost of delivery of the Product to the place indicated by the Customer.
- Distance contract - a contract concluded with the Customer within an organized system of contract conclusion at a distance (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
- Information provided on the Store's website does not constitute an offer within the meaning of the Civil Code. Information about the goods, including the price, presented on the Store's pages constitute an invitation to submit offers by Customers.
- To use the Store it is necessary to meet the following technical requirements together:
- having an active e-mail account,
- access to a device that allows you to browse the Web,
- active connection of the device referred to in b) above with the Internet;
- a properly installed Windows, Linux or MAC OS operating system on the device referred to in item b) above,
- a properly installed Internet browser, such as Internet Explorer, Google Chrome, Opera, Mozilla Firefox or Safari, on the device referred to in item b) above, allowing hypertext (HTML) documents linked on the Internet to be displayed on the screen of that device via a networked Web service,
- enabled in the web browser used by the Customer, referred to in item e) above, acceptance of cookies.
2 Services provided electronically
Services provided electronically under these Regulations consist in enabling the use of the Store for the purpose of concluding a sales contract and its execution.
3. placing an Order and the conditions for its implementation
- In order to make a purchase in the Store, the Customer accepts the Regulations.
- Placing an order via the Store's website consists
of the following actions:
- selecting the Products from those presented on the Store's pages,
- adding them to the shopping cart,
- selecting the method of payment and delivery,
- logging in to the Customer's account in case the Order is placed by a registered Customer,
- providing data necessary for processing the Order in case the Order is placed by an unregistered Customer, i.e.: name, surname, shipping address, telephone number and e-mail address,
- clicking the "order with obligation to pay" button.
- Order processing time is calculated from the moment the payment is credited to the Seller's account in case of payment by bank transfer or card, or from the moment the Order is placed by the Customer, in case the payment on delivery is selected.
- Order processing time is no more than 10 working days from the date of conclusion of the contract.
- The Seller shall deliver the Product covered by the Order to the Customer together with a sales document in the form of a fiscal receipt or a VAT invoice issued upon the Customer's request. For issuing a VAT invoice, the Customer shall complete the data necessary for issuing a VAT invoice, i.e. the company of the entrepreneur, the address of the registered office and the Tax Identification Number (NIP).
- Orders are processed from Monday to Friday, excluding public holidays, from 9:00 am to 5:00 pm.
4 Forms of payment
- The amount due for the Product and the cost of delivery of the Product may be paid in one
of the following forms of payment:
- bank transfer,
- payment on delivery
- payment made by card through the online payment processing system Przelewy24.
- In the case of payment made by bank transfer of the Seller, the following should be included in the transfer order in the title of the transfer: the Customer's name and surname and the Order number. The amount due should be transferred to the following bank account:
PEKAO S.A. 29 1240 2946 1111 0010 7523 8644
- If a refund is required for a transaction made by the Customer with a payment card, the Seller will make the refund to the bank account assigned to that payment card of the Customer.
- In the case of payment by card, the delivery date is calculated from the moment of positive authorization of the transaction.
- Available forms of payment:
- Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro
- Online payment through electronic banking;
- BLIK
- Google Pay
- Collection
5 Delivery
- Delivery of the order is made via InPost or Fedex courier service. The Customer can order the Products in several ways:
- Delivery directly to the indicated address;
- Delivery to a selected InPost parcel machine;
- Personal collection at the Seller's office (Kokanin 86, 62-817 Zelazkow);
- Shipping cost is added to the cost of the Order below 50 PLN according to the price list below:
- Fedex or InPost courier company: 15zł
- Delivery time depends on the choice of delivery method and is:
- in the case of delivery via courier company InPost courier from 24 to 48 hours,
- in case of delivery via Fedex courier company courier up to 48 hours,
- in case of delivery to a parcel machine via InPost from 48 to 72 hours,
- It is recommended that the Customer check the condition of the parcel upon receipt, and in the case of visible damage to the packaging, report this fact to the person delivering the parcel and, if possible, with his/her participation, draw up a damage report. Failure to inspect the shipment does not result in the loss of the rights of the Customer who is a Consumer to make a complaint.
6 Withdrawal from the contract
- The Consumer may withdraw from the Sales Agreement within 14 days without giving any reason.
- The beginning of the period specified in paragraph 1 shall begin on the day following the day of delivery of the Product to the Consumer.
- In the case of an order that includes multiple products, delivered separately, in batches or in parts, the term indicated in paragraph 1 shall run from the delivery of the last item, batch or part.
- The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller, observing the time limit indicated in paragraph 1.
- The statement may be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address. The statement can also be made on the form, the model of which is attached as Appendix No. 1 to these Regulations.
- If the Consumer sends the statement electronically, the Seller will immediately send to the Consumer at the e-mail address provided by the Consumer a confirmation of receipt of the statement of withdrawal from the Agreement.
- In the case of effective withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
- In the case of withdrawal from the Agreement, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivering the item, except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest ordinary method of delivery offered by the Seller.
- The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
- The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
- The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
- The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by mail in the usual manner.
- The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
- A model withdrawal form is attached to these Regulations.
7.Product Complaint
- In the complaint form you should provide the following data: name, surname, address of residence, e-mail address, telephone number, subject of the complaint, reason for the complaint, date of noticing a defect in the Product, expiration date or date of minimum durability of the Product, proof of purchase of the Product, type of request and method of notification of complaint processing.
- A sample complaint form is included as an appendix to these Regulations.
- Complaint should be submitted immediately after noticing a defect in the Product by sending the completed form to the email address technolog@elena.pl or to the company's headquarters.
- The Customer should prove that the defect appeared within the shelf life of the Product.
- Finding a defect in the Product, the Customer who is a Consumer may:
- Make a statement to reduce the price or withdraw from the contract, unless the Seller immediately and without excessive inconvenience for the Customer replaces the defective Product with a defect-free one or removes the defect. Withdrawal from the contract is possible only in the case of material defects.
- Demand replacement of the item with a defect-free one or removal of the defect. The Seller may refuse to satisfy the Customer's request if bringing the Defective Product into conformity with the contract in the manner chosen by the Customer is impossible or in comparison with the other possible way of bringing it into conformity with the contract would require excessive costs.
- The defective Product, as well as the proof of its purchase, should be sent to the address of WPPH ELENA, Kokanin 86, 62-817 Żelazków.
- The Seller will consider the complaint and notify the Customer of the method of resolving the complaint within 14 days.
- Notification of the method of resolving the declaration will be made in the manner selected by the Customer in the complaint form, i.e. by e-mail, text message, telephone or in any other manner indicated by the Buyer, if it is a method commonly used in complaint proceedings and is not an undue hardship for the Seller.
- Out-of-court ways of dealing with complaints and claims.
- Detailed information on the possibility for the Consumer to use out-of-court ways of handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawyindywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
- The consumer has the following examples of out-of-court means of dealing with complaints and claims:
- The Consumer is entitled to apply to a permanent amicable consumer court, as referred to in Article 37 of the Act of December 15, 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), to resolve a dispute arising from the Agreement concluded with the Seller.
- The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
- The Consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).
9. personal data protection
- The Seller is the administrator of personal data obtained from the Customer in the Product order procedure.
- The Customer's personal data, i.e. name, surname, address, telephone number, e-mail address are processed for the purpose of fulfilling the placed Order, including issuing an invoice and conducting financial reporting. This data is confidential and will not be disclosed to third parties, except when such disclosure is necessary due to generally applicable laws.
- The Customer whose data is processed in the dataset has the right to access the contents of his/her data and to correct them or demand their deletion.
- Customers' personal data shall be protected in accordance with the Personal Data Protection Act.
10 Cookie Policy
- By "cookies" we mean IT data, in particular text files, stored in the Customers' terminal devices intended for use on the websites. These files allow to recognize the Customer's device and appropriately display the website adapted to his individual preferences. "Cookies" usually contain the name of the website from which they come, the time they are stored on the end device and a unique number.
- "Cookies" are used for:
- Client authentication - they allow storing information when the Client is logged in, so that the website can show the information and functions appropriate for the Client,
- adapting the content of the websites to the Client's preferences and optimizing the use of the websites,
- create anonymous, aggregated statistics that help to understand how the Customer uses the websites which allows to improve their structure and content, excluding personal identification of the Customer.
- The websites use two types of "cookies" so-called "session" and "permanent":
- Permanent cookies - remain on the Customer's device for the time specified in the parameters of "cookies" or until they are manually deleted by the Customer;
- Session cookies - remain on the Customer's device until logging off from the website or switching off the software (web browser).
- The Store's software does not record personal data in "cookies" files.
- The Customer may independently and at any time change the settings for "cookies", specifying the conditions for their storage and access by "cookies" to the Customer's device. Changes to the settings referred to in the preceding sentence can be made by the Customer through the settings of the Internet browser or through the configuration of the service. These settings can be changed, in particular, in such a way as to block the automatic handling of "cookies" in the settings of the web browser, or to inform on their placement of "cookies" on the Client's device each time. Detailed information about the possibility and methods of handling "cookies" is available in the settings of your software (web browser).
- The Customer can delete "cookies" at any time using the available functions in the web browser he uses.
- Restricting the use of "cookies" files, may affect some of the functionality available on the Store's website.
11. final provisions
- The Regulations shall come into force as of the date of publication.
- The Seller reserves the right to make changes to the Terms and Conditions for important reasons, i.e.: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Client about each change at least 7 days in advance.
- Matters not regulated by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Provision of Electronic Services; Act on Consumer Rights, Act on Personal Data Protection.
Attachment No. 1 to the Regulations
City..............................., date.............................
....................................................
....................................................
....................................................
Name and surname of the consumer(s)
Address of the consumer(s)
W.P.P.H. ELENA Import-Export
Franciszek Siegień
Kokanin 86
62-817 Żelazków
Declaration
of withdrawal from an agreement concluded at a distance
or off-premises agreement
I/We (*)..................................... hereby inform(*) about my/our(*) withdrawal from the sales contract of the following items:
.........................................................................................................................
......................................................................................................................................................................................................................................................
Please make a refund:
- to the specified bank account ........................................................................
- by postal order,
- another way ................................................................................................
Order number: ................................................................................................
Amount to be returned: ...................................................................................................
Date of receipt of shipment: .............................................................................................
..........................................
Signature of consumer(s)
Appendix No. 2 to the Regulations
City............................, date...................................
....................................................
....................................................
....................................................
Name and surname of the consumer(s)
Address of the consumer(s)
W.P.P.H. ELENA Import-Export
Franciszek Siegień
Kokanin 86
62-817 Żelazków
Complaint of goods
I hereby notify that the goods purchased by me on ...................................... are defective. The defect is ........................................................................ The defect was found on .............................
Product expiration date ............................................
In view of the above, on the basis of the Act of April 23, 1964 of the Civil Code, I demand:
replacement of the goods with a new one (Article 561 § 1)
free of charge repair of the goods (art. 561 § 1)
reduction of the price of the goods by the amount of ........... (in words: .........) zloty, Please return the specified amount to the account .............. / by postal order to my address (art. 560 § 1)
I withdraw from the contract and ask for a refund of the price of the goods on account ............. (art. 560 § 1)
..........................................
Signature of consumer(s)