I. General provisions.
1. The regulations mean the Regulations of the TOP-SERVIS online store.
2. The Seller is "Top-Servis" S.C. Trade and Service Company Małgorzata Pawelec Marcin Pawelec based at ul. Czereśniowa 60, 21-007 Krępiec, NIP number 7122561654, REGON number 431219986, correspondence address ul. Czereśniowa 60, 21-007 Krępiec.
3. The Customer is a natural person, legal person, or organizational unit without legal personality using the online store operated by the Seller.
4. The online store is a service operated and managed by the Seller for Customers to submit purchase offers for products specified in the service under the price conditions specified there.
5. The sale price is the price of the product including all fees and taxes excluding delivery costs. The sale price is given in Polish zlotys and also in a selected foreign currency at the Customer's request.
6. A Consumer is a Customer entering into a sales contract for purposes not directly related to their business or professional activity.
7. To use the online store, the Customer must use a device equipped with a web browser with access to the Internet and have an active email account.
8. A Customer who is a Consumer may withdraw from the concluded sales contract within fourteen days from the date of receipt of the purchased product without giving any reason. To exercise this right, it is sufficient to send a written statement of its execution before the expiry of the above-mentioned period to the address of the Seller indicated in point I.2 of the Regulations or in any other way. The Customer is obliged to return the purchased product in unchanged condition unless the change was necessary within the limits of ordinary management. The return may be made along with sending the statement or promptly at a later date, but no later than within fourteen days from the date of withdrawal from the contract. The Seller will refund the sale price along with the delivery cost - provided that the Seller is not obliged to refund the Consumer for any additional costs incurred if the Consumer chose a method of delivery other than the cheapest standard method offered by the Seller - by bank transfer to the account indicated by the Customer, no later than within fourteen days from the date of receipt of the Customer's statement. The Consumer bears only the direct costs of returning the goods unless the Seller agreed to bear them or did not inform the Consumer about the need to incur these costs. The above right to withdraw from the sales contract does not apply in cases referred to in Article 38 of the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827).
NOTE - if according to the Consumer Rights Act the Consumer does not have the right to withdraw from the contract, they must be informed of this (see Article 38 of the Act of May 30, 2014).
II. Customer registration.
1. To conclude a sales contract, it is necessary to register the Customer in the online store.
2. Customer registration involves filling out a form available on the website and activating the account in the online store's IT system by launching the webpage located at the URL provided in the message sent by the Seller to the Customer.
3. The Customer is obliged to keep confidential the data necessary for logging in. The Seller is not responsible for damages caused by third parties who have obtained the data necessary for logging in.
4. By registering, the Customer confirms that they have read the Regulations and accepts them without reservations.
5. The Seller reserves the right to verify the data provided by the Customer during registration via email or phone. The Seller is entitled to delete the account created in the online store's IT system if the provided data is obviously false.
III. Personal data.
1. Providing the following personal data by the Customer who is a natural person is voluntary but necessary for registration and conclusion of the sales contract:
a) first name and last name,
b) email address,
c) residential address,
d) shipping address if different from the residential address,
e) contact phone number,
f) NIP number in the case of Customers conducting business activity.
2. The Customer has the right to access their personal data and correct it using the functionalities provided by the online store's IT system and to request the deletion of their data if it was collected in violation of regulations or is no longer necessary for the purpose for which it was collected, as well as the right to object to the processing of data based on applicable legal provisions.
3. The Customer declares that they have been informed about the purpose, scope of collection, and processing of data by the Seller, the right to access their data and correct it, the rights to request the cessation of data processing, and to object to the processing of data by the Seller.
IV. Placing orders and concluding a sales contract.
1. Placing an order involves filling out the order form available in the online store's IT system.
2. The presented sale prices of products are binding in the case of a successfully placed order and apply only in the case of concluding sales contracts in the online store.
3. Information about delivery conditions, including the method of delivery, delivery costs, and delivery time of ordered products can be found on the online store's website, and the Customer has the opportunity to familiarize themselves with them before placing an order.
4. The sale price may be reduced if the Customer enters a promotional code before completing the order process. During the order placement, the Customer can use the promotional code only once. The use of the promotional code excludes the possibility of using other promotions unless otherwise stated in the terms of those promotions.
5. The sales contract is concluded at the moment the Seller confirms the submitted purchase offer.
6. The condition for the execution of the order, understood as sending the ordered products to the Customer, is the registration of the sale price along with the delivery costs in the Seller's bank account or receiving confirmation of payment from the entity handling electronic payments unless the products are sent cash on delivery.
7. The Customer is obliged to collect the ordered products sent cash on delivery.
V. Complaint procedure.
1. In the event of a Consumer finding a discrepancy between the purchased product and the contract, they have the right to file a complaint.
2. The complaint should be made in writing and include:
a) identification of the complained product,
b) identification of the identified defects,
c) the Customer's request regarding the submitted complaint.
3. The complaint should be sent to the Seller's address indicated in point I.2 of the Regulations. If the Customer requests to bring the product into compliance with the contract or withdraws from the concluded sales contract in whole or in part, they should attach the complained product to the complaint letter.
4. The Seller is obliged to provide a written response to the complaint within 14 days from the date of its receipt along with justification of their position.
VI. Final provisions.
1. The Seller reserves the right to change the Regulations for important reasons, such as changes in legal regulations, issuance by relevant authorities of administrative acts ordering the Seller to take specific actions, issuance by a court of a ruling ordering the Seller to take specific actions, changes in the technical conditions of the services provided, changes caused by technological progress, organizational changes on the part of the Seller that do not result in legal succession, changes in the scope of the Seller's business activity.
2. In the event of a change in the Regulations, the Seller will inform the Customer of this change via email if the Customer has registered in the online store. The amended Regulations will apply after fourteen days from the date of informing the Customer, unless the Customer submits a statement of non-acceptance of the change in the Regulations during this period. In the event of such a statement, the contract is terminated, and the Customer's account is deleted. The change in the Regulations does not affect the execution of orders placed before the expiration of the above period, which are carried out in accordance with the previously applicable Regulations.
3. If the Customer is not a Consumer, the warranty for physical defects of sold products is excluded.
4. The only court competent to hear disputes arising from the concluded sales contract is the court competent for the Seller's registered office. This provision does not apply to contracts concluded with a Customer who is a Consumer.
5. All descriptions and images of products in the online store may be subject to copyright and their further use is prohibited without the prior written consent of the Seller.
6. In matters not regulated by the Regulations, the provisions of Polish law apply, including in particular the Act of April 23, 1964, the Civil Code.
7. The Regulations do not limit any rights of the Consumer guaranteed to the Consumer by the provisions of law in force at the time of concluding the contract on the territory of the Republic of Poland, which provisions apply primarily to the exclusion of the provisions of the Regulations that could limit these rights.