Please refer to the following Terms & Conditions prior to the purchase. TERMS & CONDITIONS OF THE ONLINE STORE< The Owner, the Seller and the Controller of the Store is: Robert Zapora operating under name: Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora with a registered office in Rzeszów, at the address: ul. Tadeusza Boya-Żeleńskiego 11, 35 – 305 Rzeszów,
NIP [Tax Identification Number]: 9222181461 REGON number: 950325689 entered into the CEIDG (Business Activity Register). The business is operated also at additional addresses,
Al. Kopisto 1, 35-315 Rzeszów
Al. Piłsudskiego 44, 35-001 Rzeszów.
and Al. Jerozolimskie 179, 02-222 Warszawa
The Client has the right to negotiate the provisions of the contract with the Seller prior to placing an order.
In the event the Client abandons contract conclusion possibility by negotiation, these Terms & Conditions and general provisions of law shall be applicable.
I GENERAL PROVISIONS
- The online Store available at: selectshop.eu is run by Robert Zapora, operating under Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora name - detailed information related to the business activity is located above.
- The Terms & Conditions are drawn up in Polish and constitute stipulated contract model being a distant contract, according to the general provisions of the Polish law.
- In order to conclude a Contract with the Seller, the Buyer can use the negotiating rights regarding Contract conditions or conclude a Contract with the Seller based on these Terms & Conditions.
- The content of the Terms & Conditions, in case of separate decision of the Buyer, shall constitute the content of the Contract concluded between the Parties. The content of Contract shall be established and made available to the Buyer on a durable medium according to binding provisions in order to invoke the Contract by the Buyer, if necessary.
- The selling is performed within the Republic of Poland and the European Union.
- The Client may become acquainted with the Code of Good Practice of traders. The Code of Good Practice is set out in the Act on Prevention of the Unfair Market Practices of August 23, 2007. The current wording of the Act is available at http://isap.sejm.gov.pl/
- The Store customers data set has been registered in GIODO. The information on the said data set is to be found at: https://egiodo.giodo.gov.pl/form_ver4.dhtml?form_id=88705303
- All items offered at the selectshop.eu Store are brand new, free from physical and legal defects, and were legally placed on the Polish market. This information shall be tantamount to the Buyer’s obligation to provide the Client with deliveries without defects.
- Prices given at selectshop.eu Store website are expressed in Polish Zloty and are VAT inclusive.
- The Buyer may place orders at the Store 24 hours per day and 7 days per week through www.selectshop.eu website.
- Any communication with the Seller performed by the Buyer will cause costs incurred by the Buyer resulting from the contracts concluded between the Buyer and the third parties. In the event of using given forms of distant communication the Seller shall not charge any additional fees or performance for the communication possibility with him.
- The business activity of the selectshop.eu online Store shall be retail and wholesale selling of clothes and other items through the Internet.
- For matters not covered by these Terms & Conditions the relevant law regulations binding in the Republic of Poland shall apply, and in particular provisions of the Act of April 23, 1964 - the Civil Code (Dz. U. [Polish Journey of Laws] No. 16, item 93, as amended), the Act on consumer rights of May 30, 2014 (Dz. U. 2014, item 827) and the Act on personal data protection of September 29, 1997 (consolidated text: Dz. U. of 2002 No. 101 item 926, as amended).
- The provisions of these Terms & Conditions shall not exclude or limit any rights of the Buyer who is at one time the Consumer within the meaning of Act of April 23, 1964 - the Civil Code (Dz. U. No. 16, item 93, as amended), to which the Buyer is entitled under the mandatory provisions of law. The aforementioned regulations shall take precedence over these Terms & Conditions in any event of non-compliance.
- Should any dispute between the Seller and the Consumer arise, the latter shall be able to resolve the matter amicably through:
- applying to the permanent consumer arbitration court
- applying to the provincial trade inspector
- obtaining cost-free aid on settlement of the dispute from the Consumer Federation, using the advice consumer helpline 800 007 707
- TERMS & CONDITIONS – these Terms & Conditions together with the attachments, informing about obligations and powers of both Parties of the Contract
- PARTY – the Party to the Contract is the Buyer or the Seller; the Buyer and the Seller are jointly referred to as Parties
- DISTANT CONTRACT – a Contract concluded between the Parties at a distance when both Parties to the Contract are not present together; the Contract is entered into by means of distant Communication Channels, available at the Store;
- COMMUNICATION CHANNELS – stipulated in 10 I of the GENERAL PROVISIONS forms of placing orders at a distance;
- STORE – the online Store available at: www.selectshop.eu
- SELLER – Robert Zapora, operating under Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora name with a registered office in Rzeszów, at the address: ul. Tadeusza Boya-Żeleńskiego 11, 35 – 305 Rzeszów, NIP [Tax Identification Number]: 9222181461 REGON number: 950325689 entered into the CEIDG (Business Activity Register). The business is operated also at additional addresses, i.e. respectively: Al. Kopisto 1, 35-315 Rzeszów, Al. Piłsudskiego 44, 35-001 Rzeszów and Al. Jerozolimskie 179, 02-222 Warszawa.
- SERVICE PROVIDER – Robert Zapora, operating under name Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora with a registered office in Rzeszów, ul. Tadeusza Boya-Żeleńskiego 11, 35 – 305 Rzeszów, NIP 9222181461, REGON 950325689 entered into the CEIDG (Business Activity Register). The business is operated also at additional addresses, i.e. respectively: ul. Boya-Żeleńskiego 11, 35-105 Rzeszów, Al. Kopisto 1, 35-315 Rzeszów, Al. Piłsudskiego 44, 35-001 Rzeszów and Al. Jerozolimskie 179 02-222 Warszawa.
- CLIENT – a natural or legal person or an organizational unit without legal personality that purchases items through the online Store available at www.selectshop.eu and by means of telephone or email and has the capacity to acquire rights according to the Act;
- COSNUMER – a natural person that purchases the items through the selectshop.eu online Store, by means of telephone or email for any purposes not directly related with his/her business or professional activity
- BUYER – the Client and the Consumer jointly;
- SERVICE RECIPIENT – a natural or legal person or an organizational unit without legal personality that purchases items through the online Store available at www.selectshop.eu and uses the Newsletter subscription; has the capacity to acquire rights according to the Act;
- ORDER – an offer of sales contract conclusion placed by the Buyer through the selectshop.eu online Store;
- USER – each entity that uses the online Store;
- ACCOUNT – an individual administration panel of an User, available after the registration and logging into the selectshop.eu online Store, specified by a login and a password, used in order to conclude the sales contracts;
- REGISTRATION – a process consisting in the creation of an Account by an User at the selectshop.eu online Store;
- SALES CONTRACT – a contract of sale of the goods entered into between the Seller and the Buyer through the online Store;
- ITEM – each item sold through the selectshop.eu online Store;
- NEWSLETTER – electronically supplied service consisting in forwarding the commercial information to the Service Recipients relating to the Store’s own items;
- PAYMENT METHOD – a method of payment for ordered items, selected from the Store’s offered methods by the Buyer while placing an Order or as a result of individual arrangement with the Store by means of other payment method than those presented on the website;
- DELIVERY METHOD – a method of the ordered item delivery, selected from the Store’s offered methods by the Buyer or as a result of individual arrangement with the Store by means of other delivery method than those presented at the website;
- SALES DOCUMENT – VAT invoice or Receipt, depending on Buyer’s indication;
- ATTACHMENTS – information on the right of backing out of a contract and the model withdrawal;
- CODE OF GOOD PRACTICE – a set of principles of conduct applied by the Seller, adopted to the generally applicable law as ethical and professional standards aiming at the prevention of unfair market practices;
- INFORMATION – item information located by the item description, constituting a description of the most important terms and characteristics of the given item, allowing the Buyer to become acquainted with its features;
- BASKET – a method of storage of the Customer’s selected items for the later purchase;
- ITEM RELEASE PLACE – a place pointed by the Buyer in the placed order, to which the item purchased by the Buyer is to be delivered;
- TEM RELEASE TIME – a time in which the Buyer or other authorized person for the item reception takes possession of the contractual item;
- COMPLAINT AND BACKING OUT OF THE CONTRACT SUBMISSION ADDRESS – the address or addresses indicated by the Seller as addresses for submission of certain declarations, acting as the mailing address;
- ITEM OF THE CONTRACT OR SUBJECT OF THE PROVISION – the Buyer’s selected items or services that are the subject of the Contract or subject of the Provision; the provision of shipment by the Seller in case the Buyer chooses one of the Seller’s offered delivery method is also included in the subject of the Contract;
- ELECTRONICALLY SUPPLIED SERVICES – functionalities of the ICT and information system enabling the Service Provider to offer certain technical solutions, such as: possibility to register and run an Account at the online Store, provision of the Newsletter service and enabling one time Order placement through the Order Form available at the online Store; without the simultaneous physical presence of the parties (at a distance), through the data transmission on an individual request of the Service Recipient, sent and received with the use of equipment for electronic processing, including digital compression, and data that is fully broadcast, received or transmitted storing with the aid of an ICT network within the meaning of the Act of July 16, 2004 - telecommunications law
- ORDER FORM – a technical system enabling the Buyer to place an Order by the Buyer through the available form fields without a need of prior Registration at the online Store
- INFORMATION SYSTEM – technical and informatics structures and transmission enabling software;
- DEFECT – a legal or physical defect of the purchased item;
1. The Registration at the selectshop.eu online Store is voluntary and cost-free.
2. The User should fill in the registration form located on the Store website, giving his/her factual data in it in order to register at the Store.
3. The User shall be obliged to provide the following data in order to complete the registration process:
a. User Name
b. Email Address
d. Confirm Password
4. Consent to receive Newsletter about the promotions and new releases at the store to the email address provided during registration can be optionally expressed at time of registration.
5. The User Account will be created the time the registration form fields are filled with the required data.
6. In the event of a change of the User’s data required for registration after the registration, the User is asked to update the data so it reflects the reality.
7. In the event of a change of the User’s data required for registration after the implementation of a contract, the User is asked to update it and inform the Store about such event.
8. In order to make a successful purchase in the store, the User shall be obliged to provide the following data:
c. Email Address
Shipment details: natural person/company
a. Name /Company Name
b. Surname/NIP Number
e. Street Name
f. House/Flat Number
h. Postal Code
9. Optionally, there is a possibility to provide payer data, according to the above-mentioned indications in subparagraph 3.
10. The shipment method shall be determined after the User fills the order form fields.
11. The Client may optionally enter his notes to the order he/she places.
1. The Client may place orders at the Store 24 hours per day and 7 days per week through www.selectshop.eu website www.selectshop.eu
2. The information about items presented on the Store websites shall not constitute an offer under provisions of the Civil Code; they shall mean an invitation to enter into the Contract.
3. Placing of an Order shall constitute an offer placed by the Client to the Seller under the Civil Code.
4. The Registration and setting-up of an Account shall not constitute a requirement for placing an order in the selectshop.eu Store. The Buyer shall have the possibility to place an order through the online Store without prior registration using the order form.
5. The Buyer should add the item he/she wants to purchase to the “Basket” to place an order. Adding the item to the “Basket” shall not be equivalent of placing an order. The items can be freely added and removed from the “Basket”.
6. The “Basket” shall enable the Buyer to manage the ordered items and calculate the value of the order.
7. Chosen items should be added to the “Basket” to finalize the order. The next step shall be the selection of the options determining respectively: payment and delivery method. The buyer can place an order after logging into his/her Account or should they be unregistered, by providing the necessary data for the Seller to complete the contract into the form.
8. They Buyer while placing an order can optionally enter the notes to the order by allocating them in the given space. Other ship-to address than the billing data can be selected at this space.
9. Determination of the bill of sale form shall be the final stage (receipt or VAT invoice). After the necessary fields of the form are filled, the “acceptance” button shall be selected.
10. The Buyer shall be shown the purchaser and address data, as well as the order value and its realization method after placing the proper order. In the event of the acceptance of all the chosen elements, “Order and Pay” button should be selected in order to place an Order successfully. It shall be deemed that the time of contract conclusion is the time of confirmation by the online Store sent by e-mail.
11. The Buyer can make changes in the order or withdraw the order entirely by means of e-mail or telephone.
12. Ordered goods shall be shipped to the address indicated by the Buyer.
It shall be deemed that the time of contract full performance is the day of reception of the shipment by the Buyer.
V PAYMENT METHOD
1. All the prices in the Store are gross prices, inclusive Goods and Services Tax (VAT).
2. The Store envisages the following payment methods:
a. prepayment - payment by bank transfer - payment of the full order value calculated in the calculation on company's bank account prior to the ordered goods shipment,
b. online transfer - payment of the full order value calculated in the calculation on company's bank account prior to the ordered goods shipment,
3. The Buyer shall do the shopping and order a service according to the prices and shipment costs valid at the time of the order placement.
4. The Seller shall reserve the right to change prices and shipment costs, in particular in the event of the amendments to the price lists of the entities making the deliveries. This provision shall not apply to the orders already under way.
5. Actual prices and shipment costs shall be present on the subpage of the online Store and visible at the Basket level.
VI IMPLEMENTATION OF A DELIVERY
1. The delivery shall be made to the address set out by the Buyer in the order.
2. Deliveries are made through DPD courier company. Dispatch of goods shall be made immediately after reception and confirmation of an order by the selectshop.eu online Store and realized within 48 hours, within working days in Poland.
3. In certain cases (shipment beyond the Polish borders) a delivery may last up to 7 days. The buyer shall be informed about this at time of confirmation of an order by the Store in such cases
4. The orders shall be realized within the working days from 9.00 – 17:00.
5. The Buyer shall have the possibility to select other delivery method (carrier) than offered on the online Store Website. Whereas in such a case, the risk of losing, damage and the responsibility for the shipment at the time of its consignment by the Seller shall lie with the Buyer.
6. In the event of the above described situation in subparagraph 5, the information on the responsibility for the shipment shall be transferred to the Buyer by the Seller via email to the provided contact address after the order placement.
7. In case the Seller is not capable of making a performance due to the goods unavailability, immediately, and in 30 days from the Contract conclusion at the latest, he/she shall inform the Buyer who then will decide on the further proceedings about the placed order.
8. In case the Seller is not capable of making a performance with the Buyer’s individually ordered features due to the temporary incapability, the Seller can make a supplementary performance that corresponds the same quality and destination and at the same price or remuneration or in other manner agreed upon by the Parties prior to the consent of the Buyer.
9. It is recommended that the Consumer under the art. 22¹ of the Civil Code, to the extent possible, verifies the goods condition after the shipment is delivered and in the presence of the representative of the entity realizing the delivery (courier, postal services operator, etc.) draws up the relevant protocol. The shipment verification will simplify and accelerate the pursuance of any potential recovery claims from the responsible entity in case of a mechanical damage of the shipment incurred during the transportation. In such cases it is recommended that the Customer immediately contacts, to the extent possible, the Seller by phone: 530 597 955 or by email:[email protected]
10. The Buyer who is not a Consumer under the art. 22¹ of the Civil Code shall be obliged to verify the condition of the goods after the shipment is delivered and in the presence of the representative of the entity realizing the delivery (courier, postal services operator, etc.)
In case any mechanical damages to the shipment incurred during the transportation are discovered the Client shall draw up the damages protocol and immediately contact the Seller by phone: 530 597 955 or by email [email protected]
VII COMPLAINT - WARRANTY
1. In case of the contracts concluded with the Consumers under the art. 22¹ of the Civil Code, the Seller shall be liable towards the Consumer on principles set out in art. 556 and further of the Civil Code for the physical or legal defects (warranty).
2. The Seller shall remain liable under warranty in case the physical defect is discovered before two years have elapsed from the moment of the item release to the Consumer, and in case the item of a sale performance was a used item - before one year has elapsed from the moment of the item release to the Consumer.
3. Consumer’s claim for the defect removal or the replacement of an item into the free of defects one, shall terminate once one year has elapsed, starting from the day of the defect discovery, however not before two years have elapsed from the moment of the item release to the Consumer, and in case the item of a sale was a used item - before one year has elapsed from the moment of the item release to the Consumer.
4. In case the date of shelf-life set out by the Seller or producer elapses after two years have elapsed from the moment of the item release to the Consumer, the Seller shall remain liable under warranty for physical defects of the said item discovered before this term termination.
5. Physical defect shall mean discrepancy between the item sold and the Contract. In particular, sold item is discrepant with the Contract in case:
a) some features of the given item are missing, regarding the features pointed out in the aim of the Contract that is stipulated or arises from the conditions or destination;
b) some features of the given item are missing, regarding the features of which the Seller assured the Buyer, including giving a sample or a model;
c) the item is not suitable for the purpose of which the Seller was informed by the Buyer at time of the Contract conclusion, and the Seller has not raised any objections regarding such purpose;
d) the item was released in the incomplete state to the Buyer
6. The public assurance of a producer or its representative or that of a person who places the item on the market within his/her business activity, and of a person who by putting his/her business name, trademark or other distinguishing feature on the item presents himself as its producer shall be equally treated with the Seller’s assurance.
7. The Seller shall be discharged from his liability stipulated in 7c only when:
a) he will prove that he has not been or could not reasonably have been au fait with these assurances;
b) he will show that the assurance could not have an effect on the Consumer's decision;
c) the assurance content was corrected prior to the conclusion of the Contract with the Seller
8. The sold item shall have defect also in case of its inappropriate installation and commissioning if those activities were performed by the Seller or a third party for which the Seller is liable or by the Buyer who complied with the manual given by the Seller.
9. In the event of a Contract with the Consumer, when the physical defect was discovered before one year from the moment of the item release, it shall be deemed that it existed by the time of the risk transfer to the Consumer. The Consumer shall be liable for indication that the defect existed at the time of the purchase in case the defect was discovered after the year from the moment of the item release.
10. If the sold item has a defect, the Consumer can:
a) make a statement on price reductions request;
b) make a statement on backing out of the Contract;
c) request the item replacement for the one that is free from defects;
d) request defect removal
11. The Consumer shall not be liable to back out of a Contract in case the defect is insignificant.
12. The Consumer that exercises his/her powers under statutory warranty shall be obliged to provide the defective item to the Complaint Address at the Seller’s expense, and in case that due to the item kind or the method of its installation the delivery by the Consumer would be excessively difficult, Consumer shall be obliged to make the item available for the Seller at the place where the said item is located. In case of non-performance of the obligation by the Seller, the Consumer shall be entitled to return the item at the expense and risk of the Seller.
13. The Seller kindly asks to attach the description of the discrepancy between the item and the Contract aiming at the complaint process facilitation.
14. The Seller in 14 (fourteen) days shall take a position to the Client’s notification.
Otherwise, it shall be considered that the Seller acknowledged the Client’s statement or request reasoned.
15. The Seller in the event of the Consumer’s request defined in subparagraph 10 a or b can replace the defective item into the free of defects one or remove a defect, provided it is done immediately and without significant inconvenience for the Consumer.
16. However, when the item has been already replaced or fixed by the Seller or the Seller has not complied with his obligation to replace an item into the free of defects or remove the defect, he shall not have the right to replace or fix the item.
17. The Consumer can, instead of the Seller’s proposed defect removal, request the replacement of the item into the free of defects one or instead of replacement, request the defect removal, unless bringing the item into line with the Contract in the way selected by the Consumer is impossible or this would require excessive costs compared to the way proposed by the Seller, whereas by the evaluation of the excessive costs the value of the free of defects item, its kind and meaning of the discovered defect, as well as inconvenience on which the Client could be exposed to by other way of adjustment of claims shall be included.
18. The Seller can refuse the Consumer’s request reimbursement when bringing the defective item into line with the Contract in the way chosen by the Consumer is impossible or compared to the other possible way requires excessive costs.
19. In the event of the price reduction, the reduced price should remain in such proportion to the price, resulting from the Contract, in which the defective item value remains to the defect free item.
20. The Seller shall be obliged to replace the defective item into the free of defects one or remove the defect at any reasonable time without excessive inconvenience to the Consumer.
21. In the situation when the defective item was installed, the Consumer may request dismantlement from the Seller and re-installation after the replacement into the free of defects item or defect removal. In case of non-performance of the obligation by the Seller, the Consumer shall be entitled to do these actions at the expense and risk of the Seller.
22. The Seller can refuse the dismantlement or re-installation provided that the cost of such actions overpasses the value of the item sold.
23. The Consumer, in the case referred to in above, may request dismantlement and re-installation from the Seller, however he/she shall be obliged to bear part of the costs related to it at the value overpassing the sold item price or may request payment of the part of the costs of the dismantlement or re-installation from the Seller up to the sold item price.
24. In case of the contracts concluded between the Client, not being the consumer under the art. 22¹ of the Civil Code, pursuant to art. 558 section 1 of the Civil Code, the Seller’s liability under warranty shall be excluded.
25. In compliance with the terms set out in subparagraph 2,3 and 4 of this section of the Terms & Conditions the Consumer may make a statement concerning his/her backing out of the contract or price reduction due to the physical defect of the sold item, and when the Consumer requested the replacement of the item into the free of defects one or the defect removal, the time limits to the submission of the statement on backing out of the contract or price reduction run with the moment of the ineffective expiry of a term to the item replacement or defect removal.
26. In the event of judicial proceedings before the arbitration court of one of the warranty rights, due date of other rights, provided for by law, to which the Consumer is entitled pursuant to this shall be suspended until final termination of proceedings thereupon. These regulations are respectively applied for the mediation proceedings, whereas due date of other warranty rights, to which the Consumer is entitled, begins from the day of settlement agreed before a mediator acceptance refusal by court or ineffective mediation termination.
27. Time limits to the execution of warranty rights for the legal defects of item sold run from the day on which the Consumer discovered the defect and in case the Consumer discovered the defect only as a result of a third party complaint - from the day on which the predicate or other decision of the authority issued within a dispute with the third party became legally binding.
28. When due to of the sold item defect the Consumer submitted a statement on backing out of the contract or price reduction, he/she can request redressing of a damage incurred as a result of the Contract conclusion without being aware of the defect, even if the damage results from the circumstances of which the Seller is not liable for, and in particular he/she can request reimbursement of the costs of conclusion of Contract, collection, proceedings, items insurance storage, return of expenditures made to the extent to which he/she benefited and not received the aforementioned from a third party.
29. The foregoing shall not prejudice the generally applicable laws on duty to redress the damage under relevant laws and regulations.
30. Should the Seller conceal a defect, end of the term shall not exclude warranty rights.
31. The complaint address shall be: Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora
ul. Boya-Żeleńskiego 11, 35-105 Rzeszów
33. The Store shall not accept cash on delivery shipments. All the costs of justified complaint shall be returned to the client to the bank account specified by the client.
1. Goods sold through the online Store selecthop.pl shall be covered by the Seller’s and Producer’s guarantee. Both the Producer and the Seller shall provide a one year guarantee for the purchased item. The Seller shall be liable for the item inconformity with the contract under warranty stipulated in section VII Complaint - Warranty.
2. Detailed conditions of the guarantee shall be determined in a guarantee card issued by the guarantor.
1. The Buyer shall be entitled to replace the given item for a different size or model within 30 days upon item reception.
2. Forwarding costs both directions shall be borne by the Buyer.
3. Returned item cannot show traces of use, it should have factory packaging and labels, in other case the item will be sent back on Buyer’s expense.
4. Replacement shall be done immediately upon the shipment reception by the Store not later than within 14 days from the reception.
5. We kindly ask you to arrange the replacements with the online Store selecthop.pl service.
X BACKING OUT OF THE CONTRACT– ITEM RETURNS
1. Under the art. 27 of the Act on consumer rights the Consumer who concluded a distant contract shall be entitled to back out of it without providing reasons and bearing costs, excluding the costs set out in art. 33, 34 and 35 of the Act on consumer rights by submission of relevant statement in writing within fourteen days upon the item of the contract reception date. In order to meet this due date, sending of a statement before its expiry shall be sufficient. Statement can be sent by electronic means to the address: [email protected] or by letter to the address:
Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora
ul. Boya-Żeleńskiego 11,
2. Statement can be submitted on the form constituting Attachment to these Terms & Conditions and which was forwarded to the Consumer together with the item, also available at www.selectshop.eu or in a different form, in accordance with the act on consumer rights.
3. Alongside the statement referred to in subparagraph 1. Client shall be also asked to provide information on the current bank account for reimbursement.
4. The Seller shall confirm reception of the statement on backing out of the contract
to the Consumer immediately upon reception. Such confirmation shall be forwarded to the e-mail address, given alongside the Order or indicated as contact on the submitted statement on backing out of the contract.
5. The Contract shall be considered not concluded in case of backing out of the contract.
6. The Consumer shall be obliged to return the item or items immediately, not later than within 14 days of his/her backing out of the contract
7. The Consumer shall return the item or items of the Contract of which he/she has backed out on their own risk and expense.
8. The Consumer shall be liable for the contractual item or items value reduction, resulting from the use of the item or items in the way extending beyond the ordinary item management in order to determine features, functionalities and the nature of the item.
9. The Seller shall immediately, not later than within 14 days from the statement on Consumer’s backing out of the contract reception reimburse all payments that the Consumer executed, including the cost of delivery of the item, provided that:
a. the Seller shall reimburse the payments by using the same payment method as used by the Consumer, unless the Consumer expressly agreed a different way of reimbursement that is not connected with extra expenses for him/her;
b. should the Consumer choose different item delivery method than the cheapest usual method offered by the Seller, the Seller shall not be obliged to reimburse to the Consumer the incurred extra expenses;
c. the Consumer shall be liable for the item value reduction, resulting from the use in the way beyond the necessary to determine its nature, features, functionalities as described in subparagraph 8 above;
10. In the event of backing out of the distant contract for the services commenced under the Consumer’s consent prior to the deadline of backing out of the Contract, the Consumer shall be obliged to pay the performance executed by the time of backing out of the Contract.
11. The payment amount shall be calculated proportionally to the extent of executed performance, including the price or remuneration included in the Contract. In case the price or remuneration is excessive, the basis for calculation of this amount shall be the market value of the performance executed.
12. The Consumer shall not bear expenses of the supply of digital content which is not saved on a tangible medium provided that he/she has not approved the performance execution prior to the deadline for backing out of the Contract expiry or has not been informed about the loss of the deadline of his/her right to back out of the Contract by the time of such approval or the entrepreneur has not provided confirmation under art. 15 para. 1 and art. 21 para 1 of the Act on consumer rights.
13. The Seller can withhold the reimbursement of the payment received from the Consumer until the item is returned or the evidence of shipping it back is provided, whichever is sooner.
14. The Consumer shall not be entitled to back out of the contract in cases indicated in art. 38 of the Act on consumer rights.
XI PROVISION OF ELECTRONICALLY SUPPLIED SERVICES
1. The Service Provider through the online Store available at www.selectshop.eu shall provide the following Electronic Services:
a. establishment and operation of an Account at the online Store
b. allowing to place an order through the relevant Form
2. Provision of electronic Services by the Service Provider shall be cost-free.
3. Electronic Service contract for Account operation at the online Store and provision of the Newsletter Service shall be concluded for an indefinite duration.
4. Electronic service contract for allowing to place an order through the relevant Form shall be concluded for a definite period of time and shall be terminated as soon as the order is placed or order placement is ceased by the Service Recipient.
6. The Service Recipient shall be obliged to use the online Store lawfully and in accordance with good practice having regard to respect of personal goods and intellectual property rights of third parties. The Service Recipient shall be bound not to supply content
of an unlawful nature. The use of electronic Services in the way that unlawfully disturbs the functioning of the online Store through the use of specified software or devices or distribution or location of unsolicited commercial communication at the online Store shall not be allowed.
7. The Service Provider can submit complaints regarding the provision of electronic service through the online Store www.selectshop.eu by mailing the Store to the following e-mail address: [email protected] or in writing to the address: Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora, ul. Boya-Żeleńskiego 11, 35-105 Rzeszów. The Service Provider shall review the complaint, not later than within 14 days from the date of the complaint submission. www.selectshop.eu
8. The Service Recipient can terminate the service not limited by time on provision of electronic Service of a continuous nature at any time and without indicating the reasons by sending appropriate statement by e-mail to the address: [email protected] or in writing to the address: Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora, ul. Boya-Żeleńskiego 11, 35-105 Rzeszów.
9. The Service Provider can terminate the contract on provision of electronic Service not limited by time in case the Service Recipient infringes the Terms & Conditions objectively and persistently, and in particular supplies content of an unlawful nature, after ineffective, one-time call to stop with the relevant date determination. In this case, the contract shall come to an end after 7 days upon the submission of a statement of will of termination.
10. The Service Provider and Service Recipient may terminate the Contract on provision of electronic Service at any time by common agreement between the parties.
11. Termination of the Contract on provision of electronic service concluded for an indefinite period by the Service Provider and Service Recipient shall not prejudice rights or performances obtained by the Parties during the course of the contract.
12. The Service Provider shall respond in case of a Complaint to the e-mail address given by the Service Recipient, or other agreed-upon manner.
XII FINAL PROVISIONS
1. Amendments to this Terms & Conditions can be made upon prior notification of the Users about the scope of the envisaged amendments not later than within 14 days before the date of their entry into force.
2. Orders placed during the term of the previous Terms & Conditions version shall be realized according to its provisions. The User can remove his/her Account in case of his disagreement with the amendments to the Terms & Conditions to be implemented.
3. Any disputes between the Seller and the Client who is a Consumer under the art. 22¹ of the Civil Code shall be settled before the common court competent in compliance with provisions of the Code of Civil Procedure.
4. Any disputes between the Seller and the Client who is not a Consumer under the art. 22¹ of the Civil Code shall be settled before the common court competent over the seat of the Store.
5. Users can contact the Seller in the following ways:
a. by telephone: 530 597 955
b. by e-mail: [email protected]
c. using contact form
d. in writing at the address: Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora ul. Boya-Żeleńskiego 11, 35-105 Rzeszów
6. Clients can gain access to this Terms & Conditions at any time through the link placed on the main page of the selectshop.eu online Store.
7. The Terms & Conditions can be consolidated, obtained and reproduced by printing or saving on appropriate data carrier.
8. Name of the selectshop.eu online Store, address where it may be found: www.selectshop.eu and all other materials included there are object of copyrights and are subject to legal protection. The use and distribution of them without the Store owner’s consent is forbidden.
9. This Terms & Conditions shall apply from September 30, 2016.
1. The Controller of the data gathered through the online store shall be the store owner.
2. The online store shall operate according to the regulations of the generally applicable law, in particular to the regulations of the act of August 29, 1997 on personal data protection (i.e. consolidated text of Dz.U. of 2002, no. 101, item 926, as amended) and of the Act of July 18, 2002 on provision of electronic services (Dz. U. no. 144, item 1204, as amended).
3. The Controller shall be entitled to make the personal data available only to the entities authorized by law.
4. The store owner shall be obliged to protect personal data transferred by the Users against loss, damage, disclosure, access of unauthorized persons or their improper use.
5. The data Controller shall process them with a view to the contracts being concluded through the online store and for the purposes relating to the DM of own products.
7. The User shall voluntarily provide his/her personal data required for registration.
8. According to the applicable law, in case of a request of Client’s personal data removal, the Client’s data located on the sales document stored for the fiscal purposes shall not be removed.
9. The Controller shall give Client’s gathered data to the selected forwarder in the scope necessary to perform product delivery to the Client.
10. The personal data Controller shall gather personal data for the stipulated purposes, indicated below:
a) conclusion and execution of a product sale contract
b) delivery of products and complaint procedure support
c) User’s account registration process support, with the use of registration panel on the website
d) login to the account, which is a subpage of the store in order to control Client’s placed orders
11. The Controller shall process the following data: Name/Surname/Email Address/Telephone/Company Name/NIP/Country/Province/Street/House/Flat Number/City/Post code
12. The Controller shall process the following data of the Users who are not Clients of the store:
a) Email Address
14. The User shall have the right to inspect and modify their personal data at any time, as well as to request its removal from the database. For the purpose of this entitlements realization the User can contact the store Controller by sending an e-mail to the address: [email protected] or in writing to the Seller address:
Przedsiębiorstwo Wielobranżowe „RAPU” Robert Zapora
ul. Boya-Żeleńskiego 11,
2. Cookie files are text files saved on the User’s computer by his/her Internet browser allowing the User identification and consolidating his/her preferences on the basis of the history of visited sites.
3. Websites browsing software ( Internet browser ) usually allows storing cookies in the final User’s device by default. Users can change the settings in this regard. Internet browser allows cookie files deletion. Automatic cookie files blocking is possible. Detailed information concerning this matter are included in the help or documentation of the Internet browser.
4. Cookie type files allow maintenance of the User session without the need to re-entering the login and password on every subpage.
5. www.selectshop.eu online store uses the following cookie files:
6. The store gathers cookie files for the following purposes:
a) identification of Clients and showing them that they are logged in
b) storage of the products added to the basket for placing an order
c) storage of the data from the filled order forms or login data
d) maintenance of the client session after logging in thanks to which the client does not have to login on every subpage
e) adjustment of the content of the website to the user preferences
f) optimization of the store website use by the user creation of anonymous statistics which help to understand in what way the User uses the website in order to improve its structure and content
7. Browsed resources are identified through URL addresses. Moreover, the followings can be subject to record:
a) time of request
b) time of reply
c) client station name - identification realized through HTTP protocol
d) information about errors which occurred by HTTP transaction
e) URL address of User's previously visited website - in case the User was taken to the store website from the hyperlink
f) information on the User’s browser
g) information on the IP address
8. Above data shall not be associated with specified persons visiting websites.
9. All the employees of the Controller have been properly trained in the scope of personal data protection.
10. The access to personal data is given only to the persons who own relevant authorization for such access.