Alebriche Online Store Terms and Conditions
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
1. The Regulations set out the terms and conditions for the provision of electronic services, including the use of the Store, as well as the rights, obligations and terms of liability of the Seller and the Customer. The Regulations also contain information that the Seller is obliged to provide to the Consumer in accordance with applicable laws, including the Act of May 30, 2014 on consumer rights (i.e. Journal of Laws of 2020, item 287, of 2021, item 2105).
2. Each customer should familiarize himself with the Regulations.
3. The Regulations are available on the Store’s website and are also made available free of charge before the conclusion of the contract. At the request of the Customer, the Regulations are also made available in such a way that allows the acquisition, reproduction and recording of their content by means of an information and communication system used by the Customer (e.g. by e-mail).
4. Basic definitions:
1)Regulations – Regulations of the Online Store;
2)Seller – NOPAL & KOPIŁE GROUP SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, Tadeusza Kościuszki Street 6/4, 40-049 Katowice, NIP 6343015843, REGON 523436126, KRS 0000994376.
3) Customer – a natural person over 18 years of age with full legal capacity, a legal person and an organizational unit without legal personality, but able to acquire rights and incur obligations on its own behalf, who enters into a legal relationship with the Seller within the scope of the Store’s activities. A customer is also a Consumer, if there are no separate provisions in relation to the Consumer on a particular issue;
4) Consumer – A Customer who is a natural person making a legal transaction (purchase) with the Seller, not directly related to his business or professional activity;
5) Electronic Service – a service within the meaning of the Act of July 18, 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2020, item 344.), provided electronically by the Seller to the Customer through the Website;
6) Store or Online Store, or Service – an Electronic Service, Online Store, operated by the Seller at the Internet address https://www.alebriche.com/, whereby the Customer concludes a contract of sale at a distance, the parties are informed of the sale by means of an automatically generated e-mail, and the performance of the contract (in particular, the delivery of the Goods) takes place outside the Internet;
7) Account – Electronic Service, marked with an individual name (login) and password provided by the Customer, a collection of resources in the Seller’s ICT system, in which data provided by the Customer and information about activities within the Store are collected;
8) Goods or Product – goods sold in the Store, included in the Seller’s offer;
9) Contract – a long-distance contract for the purchase of Goods, concluded as a result of placing an Order by the Customer in the Store and its acceptance by the Seller;
10) Form – a script, which is a means of electronic communication that allows placing an Order in the Store or performing other actions in the Store;
11) Order – an instruction to purchase Goods placed by the Customer by means of technical communication;
CHAPTER 2. BASIC AND TECHNICAL INFORMATION
1. Seller’s data for contact with the Customer:
– address: 40-049 Katowice, Tadeusza Kościuszki Street 6/4,
– e-mail address: [email protected],
2. The Seller offers the following types of Electronic Services:
1) Online Store,
2) Account.
3. The Seller provides Electronic Services in accordance with the Regulations.
4. The technical condition for the use of the Store is that the Client has a computer or other devices that allow browsing the Internet, appropriate software (including an Internet browser), Internet access and a current and active e-mail account.
5. It is prohibited for the Customer to provide unlawful content.
6. The use of the Store may involve risks typical of Internet use, such as spam, viruses, hacking attacks. The Seller takes measures to counteract these threats. The Seller points out that the public nature of the Internet and the use of services provided electronically may be associated with the risk of obtaining or modifying Customer data by unauthorized persons, so Customers should use appropriate technical measures to minimize the above-mentioned risks, including anti-virus and identity-protection programs for Internet users.
7. The conclusion of the contract for the provision of Electronic Services is made through the Store via the Internet. The Customer may terminate the use of Electronic Services at any time by leaving the Store or by deleting the Customer’s account. In this case, the contract for the provision of Electronic Services is automatically terminated without the need for additional statements from the parties.
8. It is not possible to use the Store anonymously or using a pseudonym.
CHAPTER 3. PERSONAL DATA
1. Personal data provided by the Customers shall be processed by the Seller in accordance with applicable laws, including Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 of 4.5.2016, hereinafter: “Regulation”). In particular:
1) The Seller shall ensure that the data are:
(a) processed lawfully, fairly and transparently for Customers and other data subjects;
b) collected for specific, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes;
c) adequate, relevant and limited to what is necessary for the purposes for which they are processed;
(d) correct and updated as necessary;
(e) kept in a form that allows identification of the data subject for no longer than is necessary for the purposes for which the data are processed;
(f) processed in a manner that ensures adequate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction or damage, by means of appropriate technical or organizational measures,
2) The Seller shall apply appropriate technical and organizational measures to ensure the protection of the processed personal data appropriate to the nature, scope, context and purposes of the processing and the risk of violation of the rights or freedoms of natural persons;
3) The Vendor shall ensure access to personal data and the exercise of other rights to Customers and other data subjects in accordance with the applicable laws in this regard.
2. The basis for the processing of personal data is the consent of the Customers or the occurrence of another premise authorizing the processing of personal data according to the Regulation.
3. The Seller shall guarantee the exercise of the rights of persons whose personal data are processed in accordance with the principles of the relevant legislation, including that such persons have:
1) the right to withdraw consent on the processing of personal data;
2) the right to information regarding their personal data;
3) the right to control the processing of data, including supplementing, updating, rectifying, deleting;
4) The right to object to processing or to restrict processing;
5) the right to complain to the supervisory authority and to exercise other legal remedies to protect their rights.
4. The person having access to personal data shall process them only on the basis of the Vendor’s authorization or a contract of entrustment of personal data processing and only at the direction of the Vendor.
5. The Seller assures that it does not make personal data available to other entities than those authorized under applicable law, unless required by European Union law or Polish law.
CHAPTER 4. ADDITIONAL INFORMATION
1. Registration of an Account on the Store’s website is voluntary, free of charge and requires the following actions: The Customer should complete the registration form by providing certain data and making statements on acceptance of the Terms and Conditions, processing of personal data, transfer of commercial information [RS1] [LML2] [RS3] . A link will be sent to the Customer’s e-mail address provided by the Customer in the Account registration process, which will allow verification of the Account. Logging into the Account consists in providing the login and password established by the Customer. The password is confidential and should not be shared with anyone.
2. The Account shall allow the Customer to enter or modify data, make or check Orders and view Order history.
3. The Account Electronic Service is provided free of charge for an indefinite period of time.
4. The Customer may at any time resign from the Account in the Store by sending an appropriate request to the Seller by e-mail to the address: service.center@alebriche.com or in writing to the Seller’s address: 40-049 Katowice, Tadeusza Kościuszki Street 6/4.[RS4] [LML5] [RS6]
CHAPTER 5. SALES
§ 1 Goods
1. All Products offered in the Store are new and have no defects. A detailed description of the Goods can be found on the Store’s website.
§ 2 Orders and their processing
1. An order may be placed by completing the Form, available in the Store.
2. orders can be placed after registering an Account with the Store or without registering an Account with the Store (guest shopping). [RS7] [LML8] [RS9]
3. The Customer is obliged to carefully fill in the Form, providing all data in accordance with the facts and specifying the chosen method of payment and delivery.
4. The Customer provides data in the Form and makes statements on acceptance of the Regulations, processing of personal data, transfer of commercial information.
5. Orders in the Store can be placed 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays or holidays are processed on the next working day.
6. Confirmation of placing an Order is made by the Customer by selecting the button (box) marked “order with obligation to pay”. The Seller will send the Customer a confirmation of the Order to the e-mail address indicated by the Customer.
7. the Order processing time (i.e. until the day of shipment of the Goods) is up to 2 working days. [RS10] [LML11] [RS12]
§ 3 Payment
1.All prices of the Goods given in the Store are gross prices in Polish zloty (prices include VAT). The price of the Goods does not include costs referred to in paragraph 2 below. The price of the Goods given at the time of placing the Order by the Customer is binding for both parties.
2. The costs associated with the delivery of the Goods (e.g. transport, delivery, postal services) and any other costs shall be borne by the Customer. The amount of these costs may depend on the Customer’s choice as to the method of delivery of the Goods. Information about the amount of these costs is provided at the stage of placing the Order.
3. The Customer may choose the form of payment:
1) traditional transfer – payment before shipment of the Goods (prepayment). After placing the Order, the Customer should pay/pay the amount due to the Store’s bank account. The Order is processed after the Customer’s payment is credited to the Store’s bank account;
2) payment via the payment system Przelewy24.pl – payment before shipment of the Goods (prepayment). After placing an Order, the Customer should make payment via the Przelewy24.pl system. Realization of the Order takes place after the Customer’s payment is credited to the payment system Przelewy24.pl;
3) payment upon personal collection of the Goods (prepayment) – the Customer pays the amount due directly upon personal collection of the Goods at the Seller’s stationary store. The execution of the order takes place after acceptance of the Order.
4) payment upon receipt of the Goods (cash on delivery) – the Customer pays the amount due directly upon receipt of the Goods at the carrier. Fulfillment of the order takes place after acceptance of the Order. [RS13] [LML14] [RS15]
4. For each Product sold, the Store shall issue a proof of purchase and deliver it to the Customer, if the provisions of common law require delivery.
5. The Customer shall pay within 2 days from the date of conclusion of the contract of sale, unless the chosen method of payment requires a different deadline. If the Customer fails to make payment within this period, then – in accordance with Article 491 § 1 of the Civil Code (Journal of Laws 2017.459 t.j., as amended) – the Seller shall set an additional time limit for payment to the Customer, after the ineffective expiration of which he will be entitled to withdraw from the contract. If the Customer declares that the performance will not be fulfilled, the Seller may withdraw from the contract without setting an additional deadline, also before the arrival of the specified deadline for performance.
§ 4 Delivery
1. The Product is shipped to the address indicated by the Customer in the Form, unless otherwise agreed by the Parties.
2. the Product is delivered by courier service or by postal operator at the choice of the Customer. The parcel sent through the postal operator shall be delivered within 5 working days from the date of shipment of the Goods, while the parcel sent through the courier company shall be delivered within 5 working days from the date of shipment of the Goods.
3. Personal collection is possible at Rzepichy 43, 30-240, Krakow by prior appointment confirmation.
4. The Seller indicates that:
1) upon delivery of the Goods to the Customer or the carrier, the benefits and burdens associated with the Goods and the danger of accidental loss or damage to the Goods shall pass to the Customer. When selling to a Consumer, the danger of accidental loss of or damage to the Goods shall pass to the Consumer at the time of delivery of the Goods to the Consumer. Issuance of the Goods is considered to be its entrustment by the Seller to the carrier, if the Seller had no influence on the choice of the carrier by the Consumer,
2) acceptance of the shipment with the Goods by the Consumer without reservations shall extinguish claims for loss or damage in transit, unless:
(a) the damage was ascertained by protocol before acceptance of the shipment;
b) such determination was omitted through the fault of the carrier;
c) the loss or damage resulted from the intentional fault or gross negligence of the carrier;
d) the damage that is not outwardly observable was discovered by the authorized person after acceptance of the consignment and within 7 days requested to determine its condition and proved that the damage occurred between acceptance of the consignment for transport and its release.
§ 5 Additional information for the Consumer
1. The contract is not concluded for an indefinite period and will not be subject to automatic renewal.
2. The minimum duration of the Consumer’s obligations under the Contract shall be the time of execution of the Contract, i.e. payment and receipt of the Goods.
3. The use of the Store by the Consumer shall not be associated with the obligation to make a deposit or provide other financial guarantees.
4. Article 2 point 5 of the Act of August 23, 2007 on counteracting unfair market practices (i.e. Journal of Laws of 2023, item 845.).
CHAPTER 6. LIABILITY
1. The Seller shall be liable to the Consumer if the Goods have a physical or legal defect (warranty) under the rules set forth in the provisions of the Civil Code (Journal of Laws 2017.459 t.j. as amended) and the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2017.683 t.j. as amended).
CHAPTER 7. PROCEDURE FOR HANDLING COMPLAINTS
1. Complaints should be addressed by the Customer to the Seller in writing to the address: 40-049 Katowice, Tadeusza Kościuszki Street 6/4 or by email to [email protected] [RS16] [LML17] [RS18]
2. In the event that the shipment with the Goods is found to have been tampered with, suffered a loss or damage, the Customer should immediately (no later than within 7 days of receipt of the shipment) file a complaint with the Seller. Such action will enable the claim to be asserted against the carrier. This is not a condition for consideration of the Consumer’s complaint.
3. The complaint should include a detailed description of the problem and the Customer’s request, possibly also photographic documentation.
4. The Seller undertakes to consider the Customer’s complaint within 30 days, and the Consumer’s complaint within 14 days. If the Seller does not respond to the Consumer’s complaint within 14 days, it is considered that the Seller recognized it as justified.
5. If the complaint is accepted, the Seller will take appropriate action.
6. The Seller does not provide for the possibility of using out-of-court methods of processing complaints and claims in legal relations with Consumers.
CHAPTER 8. WITHDRAWAL FROM THE CONTRACT
1. Withdrawal from the Contract by the Seller or the Customer may take place under the terms of the Civil Code.
2. The Consumer shall have the right to withdraw from the Contract within 14 days from the date of receipt of the Goods.
3. A model statement of withdrawal is attached as Appendix No. 1 to the Regulations.
4. The right of withdrawal from the Agreement does not apply to the Consumer in respect of certain contracts, in particular:
1) in which the Goods is a non-refabricated thing, produced to the Consumer’s specifications or serving to meet his individualized needs;
2) in which the Goods is a thing subject to rapid deterioration or having a short shelf life;
3) in which the Goods is a thing delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery;
5. The Seller shall immediately, no 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 delivering the Goods. The Seller shall reimburse the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement that does not involve any costs for him.
6. If the Consumer has chosen a method of delivery other than the cheapest ordinary method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Consumer for the additional costs incurred by the Consumer.
7. The Consumer shall be obliged to return the Goods together with all items of equipment, including packaging, insofar as it is an essential part of the Goods. The Seller may refrain from refunding the payment until the Goods are received or until the Seller is provided with proof of their return, whichever event occurs first.
8. The Consumer shall bear only the direct costs of returning the Goods, unless the Seller has agreed to bear them or has not informed the Consumer of the need to bear these costs.
9. The Consumer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
10. In the event of effective withdrawal from the Agreement, the Agreement shall be considered not concluded.
CHAPTER 9. INTELLECTUAL PROPERTY
1. The rights to the Website and the content contained therein belong to the Seller.
2. The website address under which the Store is available, as well as the content of the www.alebriche.com website are the subject of copyright and are protected by copyright and intellectual property law.
3. All logos, proprietary names, graphic designs, videos, texts, forms, scripts, source codes, passwords, trademarks, service marks, etc. are proprietary marks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, transmitting or distributing any content from www.alebriche.com without the owner’s permission is prohibited.
CHAPTER 10. FINAL PROVISIONS
1. In matters not regulated by the Regulations in legal relations with the Customers or Consumers, the relevant provisions of commonly applicable law shall apply.
2. Any deviation from the Regulations shall be in writing under pain of invalidity.
3. The competent court to resolve a dispute between the Seller and the Customer shall be the court having jurisdiction according to the registered office of the Seller. The competent court to resolve a dispute between the Seller and the Consumer will be the court with jurisdiction according to the general rules (the court of the defendant’s place of residence) or another court more convenient for the Consumer (according to Article 31-37 of the Code of Civil Procedure).