Terms and conditions of the SÓWKA online store
These Terms and Conditions define the general terms and conditions and manner of sale conducted by Sówka Spółka Cywilna NIP 557-170-16-78 through the online store (hereinafter referred to as the "Online Store") and defines the terms and conditions of service by Sówka S.C. services free of charge by electronic means.
The mailing address of the Online Store is: Ingberry,Lubanie 58, 87-732 Lubanie
Other contact details: e-mail address: sklep@sowkasklep.pl, contact telephone number (+48) 576-300-997 (Mon-Fri 08:00 - 16:00)
Online Store Bank Account: Bank Pekao 32 1240 1981 1111 0010 9493 0929
§ 1 Definitions
1. Working days - means days of the week from Monday to Friday excluding public holidays.
2. Delivery - means the act of actual delivery to the Customer by the Seller, through the Supplier, of the Goods specified in the order.
(a) the courier company;
b) Polish Post.
3. Password - means a string of letters, digital or other characters chosen by the Customer during registration in the Online Store, used to secure access to the Customer's Account in the Online Store.
4. Customer - means an entity for which, in accordance with the Regulations and the law, services may be provided electronically or with which a Sales Agreement may be concluded.
5. Consumer - means a natural person performing a legal act with the entrepreneur not directly related to his business or professional activity.
6. Customer Account - means an individual panel for each Client, launched on his behalf by the Seller, after the Customer has registered and concluded a contract for the provision of the Service Conducting the Customer Account.
7. Entrepreneur - means a natural person, a legal person or an organizational unit which is not a legal person to which the law confers legal capacity, conducting in its own name an economic or professional activity and carrying out a legal act directly related to its economic or professional activity.
8. Terms and Conditions - means these terms and conditions.
9. Registration - means the actual act carried out in the manner specified in the Regulations, required for the customer to use all the functionalities of the Online Store.
10. Seller - means the company Sówka s.c, which is also the owner of the Online Store.
11. Website of the Store - means the websites under which the Seller operates the Online Store, operating in the domain.
12. Goods - means the product presented by the Seller through the Store Website, which may be the subject of the Sales Agreement.
13. Durable Medium - means a material or tool enabling the Customer or the Seller to store information addressed personally to him, in such a way as to allow access to the information in the future for a period appropriate to the purposes of the information and which allows the restoration of the stored information in an unchanged form.
14. Sales Agreement - means a sales contract concluded at a distance, on the terms set out in the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Online Store
1. All rights in the Online Store, including proprietary copyrights, intellectual property rights to its name, its internet domain, the Website of the Store, as well as to patterns, forms, logos posted on the Store's Website belong to the Seller, and their use can only be carried out in a manner specified and in accordance with the Regulations and with the seller's consent expressed in writing.
2. The Seller will endea suing the Online Store to enable internet users to use all popular web browsers, operating systems, device types and internet connection types.
3. The Seller uses the mechanism of "cookies", which, when using the Website of the Store, are stored by the Seller's server on the hard drive of the Customer's end device. The use of cookies is aimed at the correct operation of the Store Website on customers' end devices. This mechanism does not destroy the Customer's terminal equipment and does not cause configuration changes in customers' terminal equipment or in the software installed on those devices. Each Customer may disable the mechanism of "cookies" 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.
4. In order to place an order in the Online Store through the Store's Website or by e-mail and to use the services available on the Store's Websites, it is necessary for the Customer to have an active e-mail account.
5. It is prohibited for the Customer to provide content of an unlawful nature and the use by the Customer of the Online Store, the Store Website or free services provided by the Seller, in a manner contrary to the law, good manners or infringing the personal interests of third parties.
6. The Seller declares that the public nature of the Internet and the use of electronically supplied services may entail a risk of obtaining and modifying customer data by unauthorized persons, therefore Customers should take appropriate technical measures that will minimize the above-mentioned risks. In particular, they should use anti-virus programs to protect the identity of internet users. The Seller shall never ask the Customer to provide him with a Password in any form whatsoever.
7. It is not permissible to use the resources and functions of the Online Store in order for the Customer to conduct activities that would violate the seller's interest.
§ 3 Registration
1. In order to create a Customer Account, the Client is obliged to register free of charge.
2. Registration is not necessary to place an order in the Online Store.
3. In order to register, the Customer should complete the registration form made available by the Seller on the Store's Website and send the completed registration form electronically to the Seller by selecting the appropriate function located in the registration form. During registration, the Customer establishes an individual Password.
4. When completing the registration form, the Customer has the opportunity to familiarize himself with the Regulations, accepting its content by marking the corresponding field in the form.
5. During registration, the Customer may voluntarily consent to the processing of his/her personal data for marketing purposes by ticking the appropriate box of the registration form. In this case, the Seller clearly informs about the purpose of the collection of personal data of the Customer, as well as about known sellers or expected recipients of such data.
6. The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the Customer Account Management service. Consent may be revoked at any time by making a corresponding statement to the Seller of the Customer. For example, the statement may be sent to the Seller's address by e-mail.
7. After sending the completed registration form, the Customer receives immediately, electronically to the e-mail address provided in the registration form, confirmation of registration by the Seller. At this time, the contract for the electronic provision of the Customer Account Management service is concluded, and the Client is given the opportunity to access the Client's Account and make changes to the data provided during the Registration.
§ 4 Orders
1. 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 of Customers to submit offers for the conclusion of the Sales Agreement.
2. The Customer may place orders in the Online Store via the Store Website or by e-mail 7 days a week, 24 hours a day.
3. The Customer placing an order through the Store Website, completes the order by selecting the Goods to which he is interested. The addition of the Goods to the order is made by selecting the command "ADD TO CART" under the given Goods presented on the Website of the Store. The Customer, after completing the entire order and indicating in the "SHOPPING CART" the method of Delivery and the method of payment, places the order by sending the order form to the Seller by selecting on the Store's Website the button "Order with payment obligation". Each time before sending 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 bear in connection with the Sales Agreement.
4. The Customer placing the order by e-mail, sends it to the e-mail address provided by the Seller on the Store Website. The Customer, in a message sent to the Seller, gives in particular: the name of the Goods, color and its quantity, among the Goods presented on the Store's Website and his contact details.
5. Upon receipt from the Customer by electronic means of the message referred to in §4 para. 4, the Seller sends the Customer a return message by e-mail, stating his registration data, the price of the selected Goods and possible forms of payment and the method of delivery at its expense, as well as information about all additional payments that the Customer would incur under the Sales Agreement. The message also contains information to the Customer that the conclusion of the Sales Agreement by e-mail entails an obligation to pay for the ordered Goods. On the basis of the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller indicating the chosen payment method and delivery method.
6. Placing an order constitutes an offer by the Customer to the Seller to conclude an Agreement for the sale of the Goods subject to the order.
7. After placing the order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
8. Then, after confirming the order, the Seller sends to the e-mail address provided by the Customer information about the acceptance of the order for execution. The information about the acceptance of the order for execution is a statement of acceptance of the offer referred to in §4 paragraph 6 above and upon its receipt by the Customer, a Sales Agreement is concluded.
9. After concluding the Sales Agreement, the Seller confirms to the Customer its terms and conditions by sending them on a Durable Medium to the Customer's e-mail address or in writing to the address indicated by the Customer during registration or ordering.
§ 5 Payments
1. The prices on the Store Website placed on the Goods are gross prices and do not contain information regarding delivery costs and any other costs that the Customer will be obliged to bear in connection with the Sales Agreement, of which the Customer will be informed when choosing the method of Delivery and placing the order.
2. The Customer may choose the following payment methods for the ordered Goods:
a) bank transfer to the Seller's bank account (in this case, the execution of the order will be started after the funds have been credited to the Seller's bank account);
b) a bank transfer to the Seller's bank account with the option of personal collection at the Seller's office (in this case, the execution of the order will be made immediately after the Seller has sent the Seller a confirmation of acceptance of the order, and the Goods will be delivered at the Seller's office, after the funds have been credited to the Seller's bank account);
(c) Payment cards:
* Visa
* Visa Electron
* MasterCard
* MasterCard Electronic
d) bank transfer through an external payment system operated by Przelewy24.pl (in this case, the execution of the order will start after the Seller receives information from the payment system by the Customer).
3. The Customer is always informed by the Seller on the Store's Website about the period within which he is obliged to make payment for the order in the amount resulting from the concluded Sales Agreement.
4. In the event of non-payment by the Customer within the period referred to in §5 paragraph 3 of the Regulations, the Seller shall set an additional deadline for the Customer to make the payment and inform the Customer about it on a Durable Medium. The information about the additional time limit for payment also contains information that after the ineffective expiry of this period, the Seller will withdrawal from the Sales Agreement. In the event of an ineffective expiry of the second payment deadline, the Seller will send the Customer on a Durable Medium a declaration of withdrawal from the contract pursuant to Art. 491 of the Civil Code.
5. In case of non-receipt of the delivery by the Purchaser, the Seller has the right to demand reimbursement of shipping costs for two parties, in such cases the Purchaser will receive written information with a request for payment, in case of failure to do so, the matter will be referred to the Court.
6. Forms of refund: when the payment was made using a payment card (refund to the account of the card used for payment) [e.g. In case of need to refund the funds for the transaction made by the customer with a payment card, the seller made a refund to the bank account assigned to the payment card of the Ordering Party.
§ 6 Delivery
1. The Seller carries out the Delivery in the territory of the Republic of Poland.
2. The Seller is obliged to deliver the Goods subject to the Sales Agreement without defects.
3. The Seller publishes on the Website of the Store information about the number of Working Days needed for delivery and execution of the order.
4. The deadline for delivery and execution of the order indicated on the Website of the Store is calculated on Working Days in accordance with §5 para. 2 of the Regulations.
5. Ordered Goods are delivered to the Customer through the Supplier to the address indicated on the order form.
6. On the day of sending the Goods to the Customer (if no possibility of personal collection of the Goods is selected) information confirming the shipment by the Seller is transmitted to the Customer's e-mail address.
7. The Customer should examine the delivered shipment in the time and manner adopted for shipments of a given type, in the presence of the Supplier's employee. In the event of loss or damage to the shipment, the Customer has the right to require the Supplier's employee to write down the relevant protocol.
8. The Customer has the possibility to collect the ordered Goods in person. The collection can be made at the Seller's office on Working Days, during the opening hours indicated on the Store's Website, after prior agreement with the Seller of the deadline for receipt by e-mail or telephone.
9. The Seller, in accordance with the Customer's will, attaches to the shipment subject to delivery an account covering the delivered Goods.
10. In the event of the Customer's absence at the address indicated by him, given at the time of placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact us by telephone in order to determine the date on which the Customer will be present. In case of return of the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by electronic means or by telephone, re-establishing with the Customer the date and cost of delivery.
§ 7 Complaints
1. The Seller shall ensure the Delivery of goods free of physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
2. If the Goods have a defect, the Customer may:
a) make a declaration of withdrawal from the Sales Agreement,
b) request the replacement of defective goods with defect-free goods.
3. The Customer who exercises the warranty rights is obliged to deliver the defective thing to the Seller's address. The cost of delivery in case of defective goods is covered by the Seller.
4. Any complaints related to the Goods or the implementation of the Sales Agreement, the Customer may address in writing to the Seller's address.
5. The Seller, within 14 days from the date of the request containing the complaint, will respond to a complaint of the Goods or a complaint related to the implementation of the Sales Agreement submitted by the Customer.
6. The Customer may make 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 reklamacje@. In the complaint, the Customer must include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider complaints and provide the Customer with a response.
§ 8 Withdrawal from the Sales Agreement
1. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it within 30 days without giving any reason.
2. The period for withdrawal from the Sales Agreement begins from the moment the Goods are taken into possession by the Consumer.
The Consumer may withdraw from the Sales Agreement by making a declaration of withdrawal to the Seller. This statement may be submitted in writing to the Seller's address, by e-mail to the Seller's address. The declaration can be made on the form, the model of which was posted by the Seller on the Website on the Complaints and Returns subpage. In order to meet the deadline, it is sufficient to send the original declaration of withdrawal together with the purchased goods before the expiry of 30 days
3. In the event of withdrawal from a distance contract, it shall be deemed not to have been concluded.
4. If the Consumer has made a declaration of withdrawal from the distance contract before the Seller accepted his offer, the offer ceases to bind.
5. The Consumer is obliged to return the Goods to the Seller immediately, but no later than within 30 days from the date on which he withdrew from the distance contract and informed by e-mail to the address reklamacje@.pl or by letter of his wish to return the goods. In order to meet the deadline, it is sufficient to send the Goods to the Seller's address before the expiry of this period.
7. In the event of withdrawal, the Customer who is a Consumer shall bear the costs associated with the shipment of the returned goods
8. The Seller reserves the right not to receive shipments sent by the Customer on delivery or given with the option of receiving in the package. The Seller may not bear any costs associated with the replacement or return of the product by the Customer.
9. At the time of return or replacement of the goods up to 30 days of the goods not subject to complaint, the Seller does not bear the costs associated with the shipment, and the return is only the value of the returned goods.
10. The Consumer is responsible for the reduction in the value of the Goods resulting from the use of the Goods in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
9. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to another method of return, which does not entail any costs for him, however, the changes must be written on the form of withdrawal from the distance contract.
§ 9 Free services
1. The Seller provides free services to Customers by electronic means:
a) Newsletter;
b) Recommend to a friend;
c) Keeping a Customer Account;
d) Posting feedback.
2. The services indicated in §9 para. 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected listed services, which will inform the Clients in a manner appropriate to change the Regulations.
4. The Newsletter service can be used by any Customer who enters his e-mail address using the registration form made available by the Seller on the Store's Website. After submitting the completed registration form, the Customer receives confirmation by the Seller immediately, by e-mail to the e-mail address provided in the registration form. At this time, a contract for the electronic provision of the Newsletter service is concluded.
In addition, during registration, the Customer may tick the appropriate box in the registration form in order to subscribe to the Newsletter service.
5. The Newsletter Service consists in sending an e-mail message to the Seller's e-mail address containing information about new products or services offered by the Seller. The newsletter is sent by the Seller to all Customers who have subscribed.
6. Each Newsletter addressed to customers' data contains, in particular: information about the sender, filled in the "subject" field, specifying the content of the shipment and information about the possibility and method of giving up the free newsletter service.
7. The Customer may at any time unsubscribe from the Newsletter by unsubscribing from the subscription via the link contained in each electronic message sent as part of the Newsletter service or by activating the corresponding field in the Customer Account.
8. The free service recommend to a friend consists in enabling the Seller to send customers by these Customers to a friend an electronic message regarding the Goods of their choice. The Customer, before sending the message, determines the Goods to be the subject of the order, and then through the function "Refer a friend" fills out the form by entering his e-mail address and the e-mail address of the person of the friend whom he wants to recommend the selected Goods. The Customer may not use the service in question for any purpose other than to order the selected Goods. The customer does not receive any remuneration or other benefits for the use of the service in question.
9. Cancellation of the free service Recommend to a friend, it is possible at any time and consists in stopping sending commands of selected products to friends of the Client.
10. The Customer Account Management Service is available after registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel within the Store Website, enabling the Customer to modify the data he provided during registration, as well as to track the status of orders and the history of orders already completed.
11. The Customer who has registered may request the deletion of the Seller's Customer Account, and in the event of a request for removal of the Customer Account by the Seller, it may be deleted up to 14 days after the request is made.
12. The Posting of Opinions service consists in enabling the Seller, customers with a Customer Account, to publish on the Store's Website individual and subjective statements of the Customer concerning, in particular, the Goods.
13. Resignation from the Service The posting of opinions is possible at any time and consists in the cessation of the posting of content by the Customer on the Website of the Store.
14. The Seller is entitled to block access to the Customer's Account and free services, in case of action by the Customer to the detriment of the Seller or other Customers, violation by the Customer of the law or the provisions of the Regulations, and when blocking access to the Customer Account and free services is justified for security reasons - in particular: the customer's breach of the security of the Store Website or other hacking activities. Blocking access to the Client Account and free services for the above reasons lasts for the period necessary to resolve the issue that constitutes the basis for blocking access to the Client Account and free services. The Seller shall notify the Customer of the blocking of access to the Customer's Account and services free of charge by electronic means to the address provided by the Customer in the registration form.
§ 10 Customer's liability in respect of the content he/she posts
1. By posting content and making it available, the Customer voluntarily distributes the content. The content posted does not express the Seller's views and should not be equated with its activities. The seller is not a content provider, but merely an entity that provides adequate IT resources for this purpose.
2. The Customer declares that:
(a) is entitled to exercise copyright, industrial property rights and/or related rights to works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content, as appropriate;
b) the placement and making available within the framework of the services referred to in §9 of the Regulations, personal data, image and information concerning third parties took place in a legal, voluntary manner and with the consent of the persons concerned;
c) agrees to view the published content by other Clients and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Terms and Conditions;
d) agrees to make works within the meaning of the Copyright and Related Rights Act.
3. The customer is not entitled to:
a) posting in the framework of the use of the services referred to in § 9 of the Regulations, personal data of third parties and the dissemination of the image of third parties without the required permission or consent of a third party;
b) the posting of advertising and/or promotional content as part of the use of the services referred to in §9 of the Regulations.
4. The Seller is responsible for the content posted by customers, provided that the notification is received in accordance with §11 of the Regulations.
5. It is forbidden for Clients to post content as part of the use of the services referred to in §9 of the Regulations, which could in particular:
(a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
(b) infringe any rights of third parties, including rights related to the protection of copyright and related rights, the protection of industrial property rights, trade secrets or related to confidentiality obligations;
(c) be offensive or threatening to others, contain vocabulary that violates morality (e.g. by using profanity or terms generally considered offensive);
d) be contrary to the seller's interest;
e) otherwise violate the provisions of the Regulations, good manners, provisions of applicable law, social or moral norms.
6. In case of receiving notification in accordance with §11 of the Regulations, the Seller reserves the right to modify or remove the content posted by Customers as part of their use of the services referred to in §9 of the Regulations, in particular with respect to content for which, based on reports from third parties or the relevant authorities, it is concluded that they may constitute a violation of these Terms and Conditions or applicable law. The Seller does not carry out an ongoing inspection of the content posted.
7. The Customer agrees to the free use by the Seller of the content placed by him within the Website of the Store.
§ 11 Reporting a threat or violation of rights
1. In the event that the Customer or any other person or entity considers that the content published on the Store's Website violates their rights, personal property, good manners, feelings, morals, beliefs, principles of fair competition, know-how, secrecy protected by law or on the basis of an obligation, may notify the Seller of a potential violation.
2. The Seller, notified of a potential violation, takes immediate action to remove from the Store Website the content that causes the violation.
§ 12 Protection of personal data
1. The Administrator of personal data of Clients provided to the Seller voluntarily as part of registration, placing a one-time order and as part of the provision by the Seller of services electronically or under other circumstances specified in the Regulations, is the Seller.
2. The Seller processes customers' personal data for the purpose of fulfilling orders, providing electronic services by the Seller and other purposes specified in the Regulations. The data is processed solely on the basis of the law or consent given by the Customer in accordance with the applicable law.
3. The collection of personal data provided to the Seller is reported by the Seller to the Inspector General for Personal Data Protection.
4. The Customer shall provide his personal data to the Seller voluntarily, but with the proviso that failure to provide certain data during the Registration process prevents registration and establishment of the Customer Account and prevents the placing and execution of the Customer's order, in the case of placing an order without registering the Customer's Account.
5. Anyone who provide the Seller with their personal data has the right to access their content and to correct them.
6. The Seller provides the possibility to delete personal data from the maintained collection, in particular in the event of deletion of the Customer Account. The Seller may refuse to delete personal data if the Customer has not paid all dues to the Seller or has violated the applicable laws, and the preservation of personal data is necessary to clarify these circumstances and determine the customer's liability.
7. The Seller protects the personal data provided to him and makes every effort to protect them from unauthorized access or use.
8. The Seller shall provide personal data of the Supplier's Client to the extent necessary for the execution of the Delivery.
§ 13 Termination (does not apply to Sales Agreements)
1. 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 preservation of the rights acquired by the other party before the termination of the afore called agreement and the provisions below.
2. The Customer who has made the Registration terminates the contract for the provision of services by electronic means, by sending to the Seller an appropriate declaration of intent, using any means of communication at a distance, enabling the Seller to become acquainted with the declaration of the Customer's will.
3. The Seller terminates the contract for the provision of services by electronic means by sending to the Customer an appropriate declaration of intent to the e-mail address provided by the Customer during registration.
§ 14 Final provisions
1. 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 case of intentional damage and within the limits of the actual losses incurred by the Entrepreneur Client.
2. The content of these Terms and Conditions may be fixed by printing, saving on a medium or downloading at any time from the Store's Website.
3. In the event of a dispute under the sales agreement concluded, the parties shall endea suing the matter amicably. The law applicable to the settlement of any disputes arising under these Regulations is Polish law.
4. Each Customer may use out-of-court means of dealing with complaints and redress. In this regard, it is possible for the Client to use mediation. Lists of permanent mediators and existing mediation centres shall be transmitted and made available by the Presidents of the competent District Courts.
5. The Seller reserves the right to change these Terms and Conditions. All orders accepted by the Seller for execution before the effective date of the new Regulations are processed on the basis of the Regulations, which were in force on the date of placing the order by the Customer. The amendment to the Regulations shall enter into force within 7 days from the date of publication on the Website of the Store. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the amendment of the Regulations by means of an electronic message containing a link to the text of the amended Regulations. In the event that the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller, which results in termination of the contract in accordance with the provisions of §13 of the Regulations.
6. The Regulations enter into force on 01.04.2018.
Esówka Civil Company Kinga Sobczak, Tomasz Słupski
Tin. 557 170 16 78
e mail: sklep@sowkasklep.pl
contact tel: 576-300-997