TERMS AND CONDITIONS
Online store terms and conditions
These Regulations define the general terms, conditions and method of sale conducted by Glycan Poland Spółka z ograniczoną odpowiedzialnością sp.k. with its registered office in Podwiesk, via the online store www.krzemorganiczny.pl (hereinafter: the “Online Store“) and specifies the terms and conditions of the provision by Glycan Group Spółka z ograniczoną odpowiedzialnością sp.k. based in Podwiesk free services by electronic means.
- 1 Definitions
- Working days – means days of the week from Monday to Friday, excluding public holidays.
- Delivery – means the actual act of delivering to the Customer by the Seller, via the Supplier, the goods specified in the order.
- Supplier – means Poczta Polska S.A. Or another courier company through which the Seller delivers the goods.
- Password – means a string of letters, numbers or other characters selected by the Customer during registration in the online store, used to secure access to the customer’s account in the online store.
- Customer – means an entity for which services may be provided electronically or with which a sales contract may be concluded, in accordance with the Regulations and legal provisions.
- Consumer – means a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.
- Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service.
- Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal transaction directly related to its business or professional activity.
- Regulations – means these regulations.
- Registration – means the actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the online store.
- Seller – means Glycan Poland Limited Liability Company sp.k. based in Podwiesk 68, 86-200 Chełmno, NIP: 8952099116, REGON: 365670284, entered into the register of entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register under the number KRS 0000641352; e-mail: firstname.lastname@example.org who is also the owner of the online store, represented by the general partner: Glycan Poland Limited Liability Company based in Podwiesk 68, 86-200 Chełmno, entered into the register of entrepreneurs kept by the District Court for Wrocław-Fabryczna in Wrocław , IX Commercial Division of the National Court Register under KRS number 0000640135 with a share capital of PLN 5,000, NIP number: 8952097005, REGON number: 36557008.
- Store Website – means the website where the Seller runs an online store, operating in the domain www.krzemorganiczny.pl
- Goods – means a product presented by the Seller via the store’s website, which may be the subject of a sales contract
- Durable medium – means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a suitable time for the purposes of this information, and which allows the stored information to be restored unchanged.
- Sales contract – means a sales contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller.
- 2 General provisions and the use of the online store
- All rights to the online store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the store’s website, as well as to patterns, forms, logos posted on the store’s website (except for logos and photos presented on the website store for the purpose of presenting goods, the copyrights of which belong to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
- The Seller uses the mechanism of “cookies”, which are saved by the Seller’s server on the hard drive of the Customer’s end device when using the store’s website. The use of “cookies” is aimed at the correct operation of the store’s website on the customers’ end devices. This mechanism does not destroy the Customer’s end device and does not change the configuration of the Customer’s end devices or the software installed on these devices. Each customer may disable the “cookies” mechanism in the web browser of his end device. The seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the store’s website.
- In order to place an order in the online store via the store’s website and to use the services provided electronically via the store’s website, it is necessary for the Customer to have an active e-mail account.
- It is forbidden for the Customer to provide illegal content and to use the online store, the website of the store or the free services provided by the Seller by the Customer in a manner that is against the law, decency or infringes the personal rights of third parties.
- The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. The seller never asks the customer to provide him with a password in any form.
- It is not allowed to use the resources and functions of the online store for the purpose of conducting business by the Customer that would infringe the interests of the Seller.
- 3 Registration
- In order to create a customer account, the customer is obliged to register free of charge.
- Registration is not necessary to place an order in the online store.
- In order to register, the Customer should complete the registration form provided by the Seller on the store’s website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During registration, the Customer sets an individual password.
- When completing the registration form, the Customer has the opportunity to read the regulations, accepting its content by marking the appropriate field in the form.
- After submitting the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, confirmation of registration by the Seller. At this moment, an agreement is concluded for the electronic provision of the Customer’s account maintenance service, and the Customer gains the ability to access the Customer’s account and make changes to the data provided during registration.
- 4 Orders
- The information contained on the store’s website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a sales contract.
- The customer may place orders in the online store via the store’s website 7 days a week, 24 hours a day.
- A customer placing an order via the store’s website completes the order by selecting the goods he is interested in. The goods are added to the order by selecting the ADD TO CART command under the given goods presented on the store’s website. After completing the entire order and indicating the method of delivery and payment in the “CART”, the customer places the order by sending the order form to the Seller, selecting the “Order and pay” button on the store’s website. Each time before the shipment of the order to the Seller, the Customer is informed about the total price for the selected goods and delivery, as well as about all additional costs that he is obliged to incur in connection with the sales contract.
- By placing an order, the Customer submits an offer to conclude a contract for the sale of goods that are the subject of the order.
- After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
- Then, after confirming the order, the Seller sends information about the acceptance of the order to the e-mail address provided by the Customer. Information about the acceptance of the order for execution is the Seller’s declaration of acceptance of the offer referred to in §4 sec. 4 above and upon its receipt by the Customer, a sales contract is concluded.
- After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms by sending them on a durable medium to the Customer’s e-mail address or in writing to the address provided by the Customer during registration or ordering.
- 5 Payments
- The prices on the website of the store placed next to the given goods are gross prices and do not include information on delivery costs and any other costs that the customer will be obliged to incur in connection with the sales contract, about which the customer will be informed when choosing the delivery method and placing the order.
- The customer may choose the following forms of payment for the ordered goods:
a) bank transfer to the Seller’s bank account (in this case, the order will be processed after the Seller sends the confirmation of the order acceptance to the Customer and after the funds are credited to the Seller’s bank account);
b) bank transfer via the external DotPay payment system, operated by DotPay S.A. based in Krakow (in this case, the implementation of the order will start after the Seller sends the confirmation of the order acceptance to the Customer and after the Seller receives information from the DotPay system about the payment by the Customer);
c) bank transfer via an external imoje payment system, operated by ING Bank Śląski SA based in Katowice (in this case, the order will be processed after the Seller sends the confirmation of the order acceptance to the Customer and after the Seller receives information from the imoje system about the payment by the Customer );
d) bank transfer via an external PayPal payment system, operated by PayPal Europe based in Luxembourg (in this case, the order will be processed after the Seller sends the confirmation of the order acceptance to the Customer and after the Seller receives information from the PayPal system that the payment has been made by the Customer);
e) cash on delivery, payment by the Supplier when making the delivery (in this case, the order will be processed after the Seller sends the confirmation of the order acceptance). For purchases over 700 PLN gross, a prepayment to the Seller’s account is required and the order will be processed as in point .2 a) § 5.
3. The customer should make the payment for the order in the amount resulting from the concluded sales contract within 7 working days, if he chose the form of prepayment. If the Customer fails to make the payment within this period, the transaction will be automatically cancelled.
- 6 Delivery
- The seller carries out the delivery on the territory of the Republic of Poland. Delivery outside the territory of the Republic of Poland is possible after prior determination of the possibility of such delivery and its costs.
- The seller is obliged to deliver the goods that are the subject of the sales contract without defects.
- The seller publishes information on the number of working days needed for delivery and execution of the order on the website of the store.
- The date of delivery and execution of the order indicated on the store’s website is counted in working days in accordance with §5 para. 2 of the Regulations.
- The ordered goods are delivered to the Customer via the Supplier to the address indicated in the order form.
- On the day of sending the goods to the Customer, the information confirming the shipment by the Seller is sent to the Customer’s e-mail address.
- The customer is obliged to inspect the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to demand that the Supplier’s employee draws up the appropriate protocol.
- The Seller, in accordance with the Customer’s will, attaches a receipt or a VAT invoice for the delivered goods to the shipment being the subject of delivery.
- In the absence of the Customer at the address indicated by him, provided when placing the order as the delivery address, the Supplier’s employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered goods to the online store by the Supplier, the Seller will contact the Customer by e-mail or by phone, agreeing again with the Customer the date and cost of delivery.
- 7 Warranty
- The seller ensures the delivery of goods free from physical and legal defects. The seller is liable to the customer if the goods have a physical or legal defect (warranty).
- If the goods have a defect, the Customer may:
a) submit a declaration of price reduction or withdrawal from the sales contract, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective product with a product free from defects or removes the defect.
This limitation does not apply if the goods have already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the goods with goods free from defects or to remove defects. The Customer may, instead of the removal of the defect proposed by the Seller, request the replacement of the product with a product free from defects, or instead of the replacement of the product, demand that the defect be removed, unless it is impossible to bring the product into compliance with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the goods free from defects, the type and significance of the defect found are taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
b) demand replacement of the defective product with one free from defects or removal of the defect The seller is obliged to replace the defective product with a product free from defects or remove the defect within a reasonable time without undue inconvenience to the customer.
03. The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective goods into compliance with the contract of sale in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the contract of sale. The costs of repair or replacement are borne by the Seller.
04. The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of a Customer who is a Consumer, the cost of delivery is covered by the Seller.
05. The Seller is liable under the warranty if a physical defect is found within two years from the delivery of the goods to the Customer. A claim for the removal of a defect or replacement of the product with a product free from defects expires after one year, but this period may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the sales contract or submit a declaration of price reduction due to a defect in the goods. If the Customer requested replacement of the product with a product free from defects or removal of the defect, the deadline for withdrawing from the sales contract or submitting a price reduction statement begins with the ineffective expiry of the deadline for replacing the goods or removing the defect.
06. Any complaints related to the goods or the implementation of the sales contract, the Customer may send in writing to the address of the Seller.
07. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the goods or the complaint related to the implementation of the sales contract reported by the Customer.
08. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the following address: email@example.com. In the complaint, the customer should include a description of the problem.
09. The Seller does not use the out-of-court resolution of disputes referred to in the Act of 23 September 2016 on out-of-court resolution of consumer disputes.
- 8 Withdrawal from the Sales Agreement
- The buyer has the right to withdraw from the contract in writing without giving any reason within fourteen days from the date of the contract on the basis of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended). from the contract, the customer is obliged to return the goods within fourteen days.
- The period for withdrawal from the sales contract starts from the moment the Consumer takes possession of the goods. The consumer may withdraw from the sales contract by submitting a declaration of withdrawal to the Seller. This statement may be submitted, for example, in writing to the Seller’s address, via e-mail to the Seller’s address. The statement may be submitted on the form, the specimen of which was posted by the Seller on the store’s website. To meet the deadline, it is enough to send a statement before its expiry.
- In the event of withdrawal from the sales contract, it is considered void.
- If the Consumer submitted a declaration of withdrawal from the sales contract before the Seller accepted his offer, the offer ceases to be binding.
- The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the sales contract, return all payments made by him, including the cost of delivery of the goods to the Consumer. The Seller may withhold the reimbursement of payments received from the Consumer until the goods are returned or the Consumer has provided proof of returning the goods, depending on which event occurs first.
- If the Consumer exercising the right of withdrawal chose a method of delivery of the goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
- The consumer is obliged to return the goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the sales contract. To meet the deadline, it is enough to return the goods to the Seller’s address before the deadline.
- In the event of withdrawal, the Customer who is a Consumer bears only the direct costs of returning the goods.
- If, due to its nature, the goods cannot normally be returned by post, the Seller informs the Consumer about the costs of returning the goods on the website of the store.
- The consumer is liable for a decrease in the value of the goods as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.
- The Seller shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
- The right to withdraw from the Sales Agreement is not granted to the Customer who is a Consumer in relation to contracts in which the goods are an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging was opened after delivery.
- 9 Free services
- The Seller provides the Customers with free electronic services:
Recommend to a friend;
Maintaining a Customer Account;
Posting your opinion.
02. Services indicated in §9 para. 1 above are provided 7 days a week, 24 hours a day.
03. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services mentioned above, about which he will inform the Customers in a manner appropriate to the amendment of the Regulations.
04.The Contact Form service consists in sending a message to the Seller using the form available on the store’s website.
05. Resignation from the free contact form service is possible at any time and consists in ceasing to send inquiries to the Seller.
06. The Newsletter service can be used by any customer who enters his e-mail address, using the registration form provided by the Seller on the store’s website. After submitting the completed registration form, the Customer shall immediately receive a confirmation by the Seller by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the provision of the Newsletter service by electronic means is concluded.
07. The Newsletter service consists in sending by the Seller, to the e-mail address, electronic messages containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all customers who have subscribed.
08. Each Newsletter addressed to given Customers includes, in particular: information about the sender, the completed “subject” field, specifying the content of the shipment and information about the possibility and method of unsubscribing from the free Newsletter service.
09.The Customer may at any time opt out of receiving the Newsletter by unsubscribing via the link provided in each e-mail sent as part of the Newsletter service or by activating the appropriate field in the Customer’s account.
10. The free service Recommend to a friend consists in enabling the Seller’s Customers to send by these Customers to a friend an e-mail regarding the goods selected by them. Before sending the message, the customer specifies the goods to be recommended, and then, through the “Recommend to a friend” function, he fills in the form by providing his e-mail address and the e-mail address of the friend whom he wants to recommend the selected product. The customer may not use the service in question for any purpose other than recommending the selected goods. The customer does not receive remuneration or any other type of benefits for using the service in question.
11. Resignation from the free service Recommend to a friend is possible at any time and consists in ceasing to send orders for selected products to customer friends.
12.The customer account service is available after registration on the terms described in the regulations and consists in providing the customer with a dedicated panel as part of the store’s website, enabling the customer to modify the data he provided during registration, as well as tracking the status of orders and the history of orders already completed
13. The customer who has registered may submit a request to delete the Seller’s Customer account, but in the event of a request to delete the Customer’s account by the Seller, it may be deleted up to 14 days from the request.
14. The service of Posting opinions consists in enabling by the Seller, Customers who have a Customer account, to publish on the store’s website individual and subjective statements of the Customer regarding, in particular, goods.
15. Resignation from the service Posting opinions is possible at any time and consists in the Customer ceasing to post content on the store’s website
16. The Seller is entitled to block access to the Customer’s account and free services, if the Customer acts to the detriment of the Seller or other Customers, the Customer breaches the law or the provisions of the regulations, and also when blocking access to the Customer’s account and free services is justified security reasons – in particular: breaking the security of the store’s website by the Customer or other hacking activities. Blocking access to the Customer’s account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer’s account and free services. The Seller shall notify the Customer about blocking access to the Customer’s account and free services by electronic means to the address provided by the Customer in the registration form.
- 10 Responsibility of the Customer in the scope of the content posted by him
- By posting content and making it available, the Customer disseminates content voluntarily. The posted content does not express the views of the Seller and should not be equated with its activities. The seller is not a content provider, but only an entity that provides adequate ICT resources for this purpose.
- The customer declares that:
a) is entitled to use proprietary copyrights, industrial property rights and / or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and / or objects of related rights that make up the content;
b) placing and sharing, as part of the services referred to in §9 of the Regulations, personal data, image and information about third parties took place legally, voluntarily and with the consent of the persons they concern;
c) agrees to access the published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
d) consent to the preparation of works within the meaning of the Act on Copyright and Related Rights.
03. The customer is not entitled to:
posting, as part of using the services referred to in §9 of the Regulations, personal data of third parties and disseminating the image of third parties without the consent or consent of a third party required by law;
posting, as part of using the services referred to in §9 of the Regulations, advertising and / or promotional content.
04. The Seller is responsible for the content posted by the Customers, provided that it receives notification in accordance with §11 of the Regulations.
05. It is forbidden for Customers to post, as part of using the services referred to in §9 of the Regulations, content that could, in particular:
a) be published in bad faith, e.g. with an intention to infringe personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyrights and related rights, protection of industrial property rights, trade secrets or related to confidentiality obligations;
c) be offensive or constitute a threat to other people, contain vocabulary that violates good manners (e.g. by using profanity or expressions commonly considered offensive);
d) be contrary to the interest of the Seller;
e) otherwise violate the provisions of the regulations, good manners, provisions of applicable law, social or moral norms.
06. If a notification is received in accordance with §11 of the regulations, the Seller reserves the right to modify or delete the content posted by customers as part of their use of the services referred to in §9 of the regulations, in particular with regard to the content for which based on reports of third parties or relevant authorities, it was found that they may constitute a violation of these regulations or applicable law. The Seller does not control the posted content on an ongoing basis.
07. The customer agrees to the free use by the Seller of the content posted by him as part of the store’s website.
07.Klient wyraża zgodę na nieodpłatne wykorzystywanie przez Sprzedawcę umieszczonych przez niego treści w ramach strony internetowej sklepu.
- 11 Reporting a threat or violation of rights
- If the Customer or another person or entity considers that the content published on the website of the store violates their rights, personal rights, good manners, feelings, morality, beliefs, the principles of fair competition, know-how, a secret protected by law or under an obligation , may notify the Seller of a potential breach.
- The seller, notified of a potential violation, takes immediate steps to remove the content causing the violation from the store’s website.
- 12 Personal Data Protection
- 13 Termination of the contract (not applicable to Contracts of sale)
- Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned. the agreement and the provisions below.
- The customer who has registered terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of distance communication that allows the Seller to read the Customer’s declaration of intent.
- The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during registration.
- 14 Final Provisions
- The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
- The content of these regulations may be recorded by printing, saving on a carrier or downloading at any time from the store’s website.
- In the event of a dispute arising under the concluded sales contract, the parties will endeavour to resolve the matter amicably. The law applicable to the settlement of any disputes arising from these regulations is Polish law.
- The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
- The Seller informs that at the address http://ec.europa.eu/consumers/odr/ there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform).
- The Seller reserves the right to amend these regulations. All orders accepted by the Seller for execution before the effective date of the new regulations are carried out on the basis of the regulations in force on the date of placing the order by the Customer. The amendment to the regulations comes into force within 7 days from the date of publication on the store’s website. The seller will inform the customer 7 days before the entry into force of the new regulations about the change in the regulations by means of an e-mail message containing a link to the text of the amended regulations. If the Customer does not accept the new content of the regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of §13 of the regulations.
- The Regulations enter into force on 25/05/2018.
Example of withdrawal form:
TEMPLATE FORM OF WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
Glycan Poland Sp.zo.o.sp.k.
– I / We (*) hereby inform / inform (*) about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following items (*) contract for specific work consisting in the performance of the following items (*) / for the provision of the following service (*)
– Date of conclusion of the contract / receipt (*)
-Name and surname of the Consumer / Consumers
-Consumer / Consumers address
-Consumer / Consumers signature – (only if the form is sent in a paper version)
(* delete as appropriate)