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REGULATIONS OF THE ONLINE SHOP

www.agtom.eu

§ 1. GENERAL CONDITIONS

 

  1. These regulations shall apply to all agreements concluded via www.agtom.euwebpage.

  2. Definitions:

  1. Online Shop – online shop run by the Vendor and available under the following address www.agtom.eu,

  2. Regulations – the hereby regulations of online store referred to in Article 8 of the Act of 18 July 2002 on provision of services by electronic means (Journal of Laws of 2002, no. 144, item 1204 with further amendments),

  3. Vendor –Agtom Sp. z o.o., Jagielly 6 street, 31-711 Krakow, Tax ID (NIP): 6783154951, National Business Registry Number (REGON): 36170647600000, registered in the Register of Entrepreneurs of the National Court Register by the District Court for Krakow-Srodmiescie in Krakow, under KRS number: 0000561845, share capital 10 000.00 PLN (fully paid), e-mail address: agtom@agtom.eu, phone: 12-356-56-78

  4. Buyer – natural person with full capacity for legal actions as well as natural person with limited capacity for legal actions as stated in generally applicable laws, natural person conducting a business activity, legal person or entity with no legal personality who makes use of electronically supplied services provided by the Vendor,

  5. Registration form – form available in the online store which enables the opening of the account,

  6. Account – marked with individual name (login) and password given by the Buyer, collection of resources in the Vendor’s ICT system where the Buyer’s data are gathered including data on the orders already placed,

  7. Order form – form available in the online store which enables the Buyer to place the order and its execution without opening the account,

  8. Order – the Buyer’s statement which is an offer of product sales agreement with the Vendor,

  9. Sales agreement – the Product sales agreement within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459) concluded via online store in Polish,

  10. Product — a moveable good available in the Vendor's Online Shop, constituting the subject of the Sale Contract concluded between the Buyer and the Vendor,

  11. Cart – a virtual tool which enables the Buyer to aggregate the chosen Products before purchase and calculate their values. While choosing the Products the Buyer may manage the content of the cart by adding and removing the Products,

  12. Promotion – a discount valid for given Products, which are the subject to the sales agreement between the Buyer and the Vendor, during a specific period of time,

  13. Proof of purchase – VAT invoice or any other document confirming the purchase of the Product,

  14. Newsletter – electronically supplied service provided by Vendor thanks to which all the Buyers may receive the most important information on the Online Shop automatically on the emails provided to the Vendor,

  15. Attachment no. 1 – document, attached to these regulations, which enables withdraw from a remote agreement referred to in § 7,

  16. Attachment no. 2 – document, attached to these regulations, which enables submitting the claim referred to in § 5.

  1. Services supplied electronically provided by the Vendor include:

  1. keeping the Account in the Online Shop,

  2. concluding the Sales agreement by completing the Order form,

  3. distribution of the Newsletter.

  1. Prior to completing the order form or registration form along with creation of the Account, the Buyer is asked to familiarize himself/herself with the content of the Regulations and their acceptance.

  2. The Buyer shall obtain the access to the account via login and password. Agreement concerning the keeping the Account in the online store is made for the unspecified period of time and shall not entail any financial obligations for the Buyer. The agreement may be terminated in any moment by termination of the account in the online store or by sending the information on resignation by the Buyer to the following Vendor’s email address: agtom@agtom.eu.

  3. The Online Shop may feature Promotions for selected Products. The rules governing individual Promotions are determined by the Vendor and made available to the public on the Online Shops website.

  4. All notices, Vendor’s advertisements, pricing lists and other information on Products contained on the Online Shops website, especially the descriptions, technical parameters, and prices of the Products, all constitute an invitation into a contract, as per art. 71 of the Civil Code dated April 23rd 1964 (Journal of Laws of 2017, item 459).

  5. In order to use the Online Shop www.agtom.eu, it is necessary to have a computer with min. 200MHz processor, 64MB RAM, graphics card delivering resolutions of 800x600 and 256 colors as well as internet browser (Internet Explorer (version >= 6.0), Mozilla Firefox, Opera, Google Chrome, Safari), as well as keyboard or other pointing device which enables filling in the electronic forms.

  6. The conditions of the hereby Regulations do not aim to exclude or limit any rights of the Buyer who is a consumer in accordance with the Civil Code regulations of 23 April 1964 (Journal of Laws of 2017, item 459), granted by mandatory provisions of law. If case of any discrepancies, the mandatory regulations take the precedence to the hereby regulations.

 

§ 2. PLACING AN ORDER

 

  1. The Buyer is obliged to utilise the Online Shop in a manner consistent with the applicable provisions of the law, as well as the principles of social co-existence and morality, ensuring respect for individual and intellectual property rights of any third parties.

  2. The Online Shop provides its services within and outside of the Republic of Poland.

  3. The Buyer may select one of the following methods of placing an Order:

  1. via a previously created Account,

  2. via filling an Order Form available on the Online Shop’s website,

  3. via e-mail,

  4. via phone.

  1. All Products available in the Online Shop are original, brand new (free of defects), and consistent with the applicable standards and requirements.

  2. The Orders as per point 3 a), b) and c) of this article may be placed 7 days a week, 24 hours a day.

  3. The Orders as per point 3 d) of this article may be placed Monday to Friday between 10:00 a.m. and 6:00 p.m.

  4. The Buyer is obliged to fill in the Registration form and thereby open the Account to place the order referred to in 3 a) of this paragraph in a proper way.

  5. The Buyer is obliged to add the Product to the Cart, fill in the Order form available on the website of the Online Shop and send it to the online store to place the Order referred to in 3 b) of this paragraph and execute it in a proper way.

  6. The Buyer is obliged to send the information about wishing to place an Order to the email address agtom@agtom.eu, to place the Order referred to in 3 c) of this paragraph and execute it in a proper way.

  7. In order to successfully place and process the Order as per point 3 d) of this article, the Buyer is requested to contract the Vendor at the following telephone number: 12-356-56-78.

  8. The Orders placed during weekdays after 12 pm, on Saturdays and Sundays, and during public holidays, will be processed during the following Business Day.

  9. The Vendor shall send the confirmation of Order placement and the acceptance of the Order for completion to the Buyer by email.

  10. The Sales agreement will be concluded at the moment of receipt the email message referred to in point 12 of this paragraph.

  11. The placed Orders may be subsequently cancelled by Buyers also being consumers as per the Civil Code of 23 April 1964 (Dz. U. 2017, item 459), up to the moment the Product is sent to the Buyer.

  12. The Order processing time (i.e. preparation of ordered goods for shipping) takes between 2 to 3 business days.

  13. The Buyer shall be informed about non-availability of the Products. Hence, the Buyer may agree on an extended time of order realization, resign from the Product ordered or resign from the whole order. In case of non-availability of the Products, the estimated time of order realization is agreed individually with the Buyer.

  14. The Vendor reserves the right to cancel the order if the Buyer has not provided the Vendor with missing items necessary for the proper fulfillment of order, despite the Vendor’s notification, within 7 days from the notification.

 

§ 3. PAYMENTS

 

  1. Prices given in the store are gross prices expressed in PLN and they include all components including VAT and customs duties. Prices do not include the costs of delivery which are calculated during the order placement.

  2. Buyer shall be notified on each occasion about the whole value of the Order before the Order is placed.

  3. Proof of purchase (VAT invoice) is attached to each Order.

  4. In the event that the Buyer not being a consumer within the meaning of the provisions of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459) for the purpose of order realization, the Vendor is hereby authorized to issue VAT invoice without the receiver’s signature.

  5. The Buyer may choose one of the following payment methods for the Products ordered:

  1. payment at the personal pick-up,

  2. payment via ordinary bank transfer or online transfer to the Vendor’s bank account,

  3. electronic (Internet) payment - PayU, PayPal, Dotpay etc.

  4. cash on delivery.

  1. The Buyer shall choose the payment method while placing the Order.

  2. If the Buyer chooses to pay as stated in 5 b) of this paragraph, the Products are dispatched after booking 100 % of the order value into the Vendor’s account.

  3. If the Buyer chooses to pay as stated in 5 c) of this paragraph, the Products are dispatched after the positive authorization of 100 % of order value.

  4. If the Buyer chooses to pay as stated in 5 d) of this paragraph, the Products are dispatched immediately, however not later than 24 hours after the order placement by the Buyer (refers to situations when the Products are in stock and doesn’t apply to Orders placed on Saturdays and Sundays, and during public holidays).

  5. If the Buyer chooses to pay as stated in 5 b), c) of this paragraph and does not pay within 7 days from the date of order confirmation, the Vendor shall request the Buyer to make the payment. If a request proves fruitless, the Vendor has a right to cancel the order and inform the Buyer about it by email or by phone.

  6. Internet online payments processed via the Online Shop are serviced by the PayU payment platform available at www.payu.pl, owned by the company PayU SA with registered office at the following address: Grunwaldzka 182, 60-166 Poznan, Poland, Tax ID (NIP): 779-23-08-495, National Business Registry Number (REGON): 300523444, registered in the Register of Entrepreneurs of the National Court Register by the District Court for Poznan - Nowe Miasto i Wilda in Poznan, Business Department VIII of the National Court Register, under KRS number: 0000274399, as well as the PayPal payment platform, available at www.paypal.com.pl, administered by the company PayPal Polska Sp. z o.o., with registered office at the following address: Emilii Plater 53, 00-113 Warsaw, Poland, Tax ID (NIP): 5252406419, National Business Registry Number (REGON): 141108225, National Court Register Number (KRS): 0000289372.

 

§ 4. DELIVERY

 

  1. The Buyer may select one of the following delivery methods:

  1. personal pick-up following prior consultation with the Vendor,

  2. delivery of Products to the Buyer’s address provided when placing an Order, performed by shipping companies UPS or POCZTEX,

  3. delivery of Products to the Buyer’s address provided when placing an Order, performed by the Polish Post (Poczta Polska),

  4. collection of ordered Products in InPost parcel machines (Paczkomaty).

  1. The shipping method is selected by the Buyer when placing an Order.

  2. The delivery charges are covered by the Buyer.

  3. The Vendor is obliged to cover the delivery charges within the territory of Poland, if the Order’s full value is over:

  1. 149 PLN – applicable to the following shipping methods:

  1. Parcel Post (Paczka Pocztowa) - the so-called “Pocztex48 Parcel”,

  2. Parcel Post (Paczka Pocztowa), collected in a selected post office - the so-called “Courier Parcel 48”,

  1. InPost parcel machines (Paczkomaty).

  1. 249 PLN – applicable to the following shipping methods:

  1. POCZTEX courier,

  2. UPS courier.

  1. The delivery charges correspond to the Vendor’s current delivery pricing list, available at: www.agtom.eu/content/1-delivery, and depend on the weight and the size of the parcel. The Buyer is informed of the delivery charges when placing an Order. In instances where the parcel is to be shipped abroad, the delivery charges shall be determined on an individual basis, based on the weight of the parcel and the country of destination.

  2. The Vendor is obliged to deliver the Products free of defects.

  3. The Buyer is obliged to collect the shipped Product.

 

§ 5. CLAIMS

 

  1. The Vendor recommends to check the content of the parcel in a presence of courier or Poczta Polska employee. Not checking does not exclude the possibility of a claim. However, the act of checking the parcel accelerates the claim process. The above shall not apply to an entrepreneur within the meaning of Article 43 (1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459 with further amendments) who is obliged to check the parcel in the presence of courier or Poczta Polska employee.

  2. If it is stated that the Product is defective, the Buyer shall inform the Vendor about that.

  3. The claim shall include the Buyer’s data, description of the fault of the Product, information when the fault occurred and the Buyer’s demand.In order to smooth the claim process, the Vendor makes the Attachment no. 2 available on the website.

  4. The Proof of purchase or its copy shall be attached to the claimed Product.

  5. The Buyer shall send the claimed Product back.

  6. Claims shall be address to:

Agtom Sp. z o.o., ul. Jagiełły 6, 31-711 Kraków

or by sending an mail to: agtom@agtom.eu.

  1. If any information or data is missing in the claim, prior to considering the claim the Vendor shall request the person who lodged the claim to complete the missing data in a given scope.

  2. The Vendor undertakes to reply to the claim submitted by the Buyer within 14 days. Lack of response on the Vendor’s side after this time, results in a complaint found justified.

  3. The Vendor shall have the liability for any warranty claims if the defect is detected within 2 years after the Product is handed over to the Buyer.

  4. The Vendor is not liable for warranty complaints against the Buyers also being entrepreneurs, as per art. 43 (1) of the Civil Code of 23 April 1964 (Dz. U. 2017, item 459).

  5. Slight differences in the appearance of the Product resulting from individual settings of the Buyer’s computer – especially their monitor – shall not constitute sufficient basis for warranty claims.

 

§ 6. WARRANTY

 

  1. The Products offered in the Online Shop are covered by a Manufacturer’s warranty.

  2. Any details concerning warranty procedures and timeframes can be found in the description sections of individual Products.

  3. The warranty does not exclude, limit, nor suspend any of the Buyer’s rights to assert their legal claims against the Vendor for liability due to physical and legal defects of the Product within the scope of the Civil Code of 23 April 1964 (Dz. U. 2017, item 459).

 

§ 7. WITHDRAWAL FROM THE AGREEMENT

 

  1. The Buyer, who is a consumer in accordance with the Article 22(1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459) has a right to withdraw from a remote agreement within 14 days from the moment of goods receipt without giving any reason.

  2. The above right shall not apply in the following cases:

  1. service contracts after the service has been fully performed if the performance has begun with the Buyer’s prior express consent, and with the acknowledgement that he (the Buyer) will lose his right of withdrawal once the contract has been fully performed by the Vendor,

  2. the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the Vendor and which may occur within the withdrawal period,

  3. the supply of non-prefabricated goods made to the Buyer’s specifications or clearly personalized,

  4. the supply of goods which are liable to deteriorate or expire rapidly,

  5. the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed by Buyer after delivery,

  6. the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items,

  7. the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales agreement, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the Vendor,

  8. agreements where the Buyer has specifically requested a visit from the Vendor for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the Vendor provides services in addition to those specifically requested by the Buyer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods,

  9. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery,

  10. the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications,

  11. contracts concluded at a public auctions,

  12. the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance,

  13. the supply of digital content which is not supplied on a tangible medium if the performance has begun with Buyer’s prior express consent and his acknowledgement that he hereby loses his right of withdrawal.

  1. In order to successfully withdraw from the Contract specified in the point 1 of this article, the Buyer needs to send a written notification via e-mail or traditional mail, within the statutory period of 14 days from the moment they collect the package. A template for such a notification can be found in the Appendix no. 1.

  2. The Buyer, withdrawing the contract, is obliged to return the Product along with the Proof of Purchase or its copy, within 14 days of the withdrawal.

  3. The delivery charges for returning the Product are covered by the Buyer.

  4. The Buyer shall be responsible for any reductions in the Product’s value resulting from handling of the Product other than what is necessary to establish its nature, characteristics, and functioning.

  5. The Vendor guarantees a full refund of the Product’s price and its delivery charges to the Buyer, immediately, not later than within 14 days.

  6. The Vendor shall issue the refund via the same payment method as the one chosen by the Buyer during the original purchase, unless the Buyer expressly consents to a different refund method that would not result in any additional costs.

  7. If the Buyer chose a delivery method different than the cheapest one offered by the Vendor, the Vendor is not obliged to refund the additional costs incurred by the Buyer.

  8. Any Product returns resulting from the withdrawal from the contract, sent on the Vendor’s expense or with cash on delivery, shall not be accepted.

  9. The provisions of this paragraph shall not be applied to the Buyers who are not consumers within the meaning of the Article 22(1) of the Act of 23 April 1964 – Civil Code (Journal of Laws of 2017, item 459) i.e. persons making the legal actions related to their profession or business activity – in this event the right to withdraw from the sales agreement is excluded.

 

§ 8. PROTECTION OF PERSONAL DATA

 

  1. The Buyer, while filling the order form or registration form and starting the account, is requested to agree on processing his/her personal data by the Vendor pursuant to the Act on Protection of Personal Data of 29 August 1997 (Journal of Law, no. 133, item 883).

  2. The Vendor shall process the personal data only in order to provide the services referred to in point 4 in § 1 of hereby regulations.

  3. The personal data of the Buyer shall not be revealed to the third parties or institution for marketing purposes without the Buyer’s prior express consent.

  4. The Buyer has a right to access his/her personal data for the purpose of verification, modification or removal from the Vendor’s data base.

  5. Detailed information about data protection can be found in document Privacy Policy at www.agtom.eu.

 

§ 9. PROTECTION OF COPYRIGHT

 

  1. All the pictures of sample Special Products and other materials (including texts, graphics, logotypes) published at www.agtom.euare owned by the Vendor or have been used with consent of third parties who are holders of copyrights.

  2. Prohibited is the copying of the pictures, other graphic materials and reprinting of texts published at www.agtom.euincluding making them available online without the Vendor’s written consent or the third party who is holder of copyrights.

  3. Prohibited is also downloading pictures from the www.agtom.eu website for marketing and commercial purposes.

  4. Use of the above mentioned materials without the Vendor’s written consent or other third parties who are holders of copyrights is unlawful and may give rise to civil or criminal proceedings against those who violate the law.

 

§ 10. FINAL PROVISIONS

 

  1. The Vendor reserves the right to impose limitations in online store services due to technical service, repair works or improvement works. At the same time, the Vendor undertakes all the reasonable endeavors to make sure that all the above mentioned works are done at night and last as short as possible.

  2. The Vendor reserves the right to change the regulations. The changes enter into force at a time specified by the Vendor, however not earlier than 7 days from their announcement. Orders placed before the aforementioned changes will be fulfilled in accordance with the arrangements valid in the moment of order placement.

  3. Any conflicts between the Parties shall be resolved in an amicable manner or by means of mediation proceedings assisted by an independent, neutral mediator. The consumer may also utilise out-of-court complaint and redress mechanisms. In order to undertake an amicable resolution regarding any disputes relating to online shopping, the Consumer may file their complaint via the European Union’s ODR platform (online dispute resolution), available at: http://ec.europa.eu/consumers/odr/.

  4. Should an amicable resolution, including mediation, not be possible, the conflict shall be resolved by the relevant court as per the provisions of the Polish law.

  5. Any matters not regulated by these Terms and Conditions shall be regulated by the applicable provisions of the Polish law, especially the Civil Code of 23 April 1964 (Dz. U. 2017, item 459), and the Consumer Rights Act of 30 May 2017 (Dz. U. 2014, item 683) and any other applicable acts.

  6. These Terms and Conditions are applicable starting with January 15th 2018.

 

Appendix no. 1 - Distance contract withdrawl form

Appendix no. 2 - Complaint protocol

 

 

 

 


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