Terms and conditions of the online shop

§ 1

Preliminary provisions

  1. Online shop AWICAM.PL, available at www.awicam.pl/sklep, is run by AWICAM Limited liability company with its registered office at ul. Kolejowa 15 in Przystajnia, entered in the National Court Register with the KRS number 0001011513, with the share capital of PLN 50,0000, NIP 5742077638, REGON 524079190.
  2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Shop and set out the rules for the use of the Online Shop and the principles and procedure for concluding distance sales agreements with the Customer through the Shop.

§ 2

Definitions

  1. Consumer - a natural person concluding a contract with the Seller as part of the Shop, the subject of which is not directly related to his/her economic or professional activity.
  2. Seller – AWICAM Limited liability company with its registered office at ul. Kolejowa 15 in Przystajnia, entered in the National Court Register with the KRS number 0001011513, with the share capital of PLN 50,0000, NIP 5742077638, REGON 524079190.
  3. Customer - any entity making purchases through the Shop.
  4. Entrepreneur - a natural person, a legal person and an organisational unit that is not a legal person but to which a separate act confers legal capacity, exercising a business on its own behalf, who uses the Shop.
  5. Shop - the online shop operated by the Seller at the Internet address www.awicam.pl/sklep
  6. Distance contract - a contract concluded with a Customer through an organised distance contracting system (within the Shop), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
  7. Regulations - these Shop Rules.
  8. Order - the Customer's declaration of will submitted via the Order Form and aimed directly at concluding a Sales Contract for a Product or Products with the Seller.
  9. Account - a customer account in the Shop, in which the data provided by the customer and information about orders placed by him/her in the Shop are stored.
  10. Registration form - a form available in the Store to create an Account.
  11. Order form - an interactive form available in the Shop which allows the Order to be placed, in particular by adding Products to the Basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  12. Basket - an element of the Shop's software in which the Products selected by the Customer for purchase are visible, and in which it is possible to determine and modify the Order data, in particular the quantity of the Products.
  13. Product - a movable item/service available in the Shop which is the subject of a Sales Contract between the Customer and the Seller.
  14. Sales Agreement - an agreement for the sale of a Product concluded or entered into between the Customer and the Seller via the Online Shop. The Sales Agreement is also understood - according to the characteristics of the Product - as a contract for the provision of services and a contract for specific work.

§ 3

Contact with the Shop

  1. Vendor address: AWICAM Spółka z o.o. ul. Kolejowa 15, 42-141 Przystajń
  2. Seller's e-mail address: awicam@awicam.pl
  3. Seller's telephone number: 605 328 486
  4. Seller's bank account number PL39 1240 1213 1111 0011 2366 8788
  5. The Customer may communicate with the Seller using the addresses and telephone numbers given in this paragraph.
  6. The customer can communicate with the Seller by telephone between 9:00 and 16:00.

§ 4

Technical requirements

  1. In order to use the Shop, including browsing the Shop's product range and placing orders for Products, the following are necessary:
    1. a terminal device with access to the Internet and a web browser such as Mozilla Firefox, Google Chrome, Microsoft Edge, Opera, Safari.
    2. an active electronic mail (e-mail) account,
    3. cookies enabled,

§ 5

General information

  1. To the fullest extent permissible by law, the Seller shall not be liable for any disruptions, including interruptions in the operation of the Shop caused by force majeure, unauthorised acts of third parties or incompatibility of the Shop with the Customer's technical infrastructure.
  2. Browsing through the Shop's assortment does not require creating an Account. Placing orders by the Customer for Products from the Shop's assortment is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and Conditions or by providing the necessary personal and address data which enables the fulfilment of the Order without creating an Account.
  1. The prices given in the Shop are given in Polish zloty and are gross prices (including VAT).

§ 6

Creating an Account in the Shop

  1. In order to set up an Account in the Shop, you must complete the Registration Form. It is necessary to provide the following data: e-mail address
  2. Creating an Account in the Shop is free of charge.
  3. Logging into the Account is done by entering the login and password established in the Registration Form.
  4. The customer has the possibility to delete the Account at any time, without stating any reason and without incurring any fees for doing so, by sending an appropriate request to the Seller, in particular by e-mail or in writing to the addresses stated in § 3.

§ 7

Rules for placing an Order

In order to place an Order it is necessary to:

  1. log into the Shop (optional);
  2. select the Product that is the subject of the Order and then click on the "Add to basket" button (or equivalent);
  3. log in or use the option to place an Order without registration;
  4. if the option of submitting the Order without registration has been selected - fill in the Order Form by entering the data of the Order recipient and the address to which the Product is to be delivered, select the type of shipment (method of Product delivery), enter the data for the invoice, if different from the data of the Order recipient,
  5. click the "Order and pay" button and confirm the order by clicking on the link sent in the e-mail,
  6. select one of the available payment methods and, depending on the payment method, pay for the order within the specified period, subject to § 8 point 3.

§ 8

Delivery and payment methods offered

  1. The Customer may use the following methods of delivery or collection of the ordered Product:
    1. Courier delivery, cash on delivery,
  1. The customer can use the following payment methods:
    1. Cash on delivery
    2. Payment by bank transfer to the seller's account
    3. Electronic payments
    4. Payment by credit card.
  1. Detailed information on delivery methods and acceptable payment methods can be found on the Shop pages.

§ 9

Performance of the sales contract

  1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order using the Order Form in the Online Shop in accordance with § 7 of the Terms and Conditions.
  2. After the Order is placed, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for processing is made by the Seller sending the Customer an appropriate e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements about receipt of the Order and its acceptance for processing as well as confirmation of concluding the Sales Agreement. Upon receipt by the Customer of the aforementioned e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
  3. If the customer chooses:
    1. payment by bank transfer, electronic payment or payment card, the Customer is obliged to make the payment within 2 calendar days from the conclusion of the Sales Agreement - otherwise the order will be cancelled.
    2. payment on delivery, the Customer is obliged to make payment on delivery.
    3. payment in cash upon personal collection of the consignment, the Customer is obliged to make payment upon collection of the consignment within 2 days from the date of receipt of information that the consignment is ready for collection.
    4. If the Customer has chosen a method of delivery other than personal collection, the Product shall be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
  4. If Products with different delivery times are ordered, the delivery date is the longest date given.
  5. The start of the period for delivery of the Product to the Customer is calculated as follows:
    1. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    2. If the Customer chooses cash on delivery payment method - from the date of conclusion of the Sales Agreement,
  6. If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller of the Product's readiness for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order.
  7. In the event of an order for Products with different readiness for collection dates, the readiness for collection date shall be the longest date given.
  8. The start of the period for the Product to be ready for collection by the Customer is calculated as follows:
    1. If the Customer chooses to pay by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account.
    2. If the Customer chooses the cash on delivery method - from the date of conclusion of the Sales Contract.
    3. Delivery of the Product takes place exclusively in Poland.
  1. The delivery of the Product to the Customer is chargeable, unless the Sales Contract states otherwise. The Product delivery costs (including transport, delivery and postal fees) are indicated to the Customer on the web pages of the Online Shop under "Delivery Costs" and during the placement of the Order, including at the moment of expressing the Customer's will to be bound by the Sales Agreement.
  2. Personal collection of the Product by the Customer is free of charge.

§ 10

Right of withdrawal

  1. The consumer may withdraw from the Sales Contract within 14 days without giving any reason.
  2. The period referred to in paragraph 1 shall start to run from the delivery of the Product to the Consumer or to a person designated by the Consumer other than the carrier.
  3. In the case of a Contract which involves multiple Products which are delivered separately, in batches or in parts, the period referred to in paragraph 1 shall run from the delivery of the last item, batch or part.
  4. In the case of a Contract which consists of the regular delivery of Products over a fixed period of time (subscription), the time limit indicated in paragraph 1 shall run from taking possession of the first item.
  5. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. It is sufficient for the Consumer to send the declaration before the deadline for withdrawal from the Contract to be observed.
  6. The statement may be sent by traditional mail, by fax or electronically by sending the statement to the Seller's e-mail address or by submitting the statement on the Seller's website - the Seller's contact details are specified in § 3. The statement may also be submitted on a form, the template of which is attached as Appendix No. 1 to these Regulations and Appendix to the Act of 30 May 2014 on Consumer Rights, but this is not obligatory.
  7. If the declaration is sent by the Consumer electronically, the Seller shall immediately send the Consumer an acknowledgement of receipt of the declaration of withdrawal to the e-mail address provided by the Consumer.
  8. Effects of withdrawal
    1. In the event of withdrawal from a Distance Contract, the Contract shall be deemed not to have been concluded.
    2. In the event of withdrawal from the Agreement, the Seller shall reimburse to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, all payments made by the Consumer, including the costs of delivery of the item, except for the additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
    3. The Seller shall refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for the Consumer.
    4. The Seller may withhold reimbursement until it has received the Product back or until it has been provided with proof of return, whichever event occurs first.
    5. The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline shall be met if the Consumer sends back the Product before the expiry of the 14-day period.
    6. The consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be returned by post in the usual manner.
    7. The consumer shall only be liable for any diminution in the value of the Product resulting from the use of the Product other than what was necessary to establish the nature, characteristics and functioning of the Product.
  9. Where, due to the nature of the Product, it cannot be sent back in the usual way by post, information about this, as well as about the costs of returning the Product, will be included in the description of the Product in the Shop.
  10. The right of withdrawal from a distance contract does not apply to the Consumer in respect of the Contract:
    1. where the object of the performance is a non-refabricated item manufactured to the Consumer's specifications or to meet the Consumer's personalised needs,
    2. where the object of the service is an item supplied in sealed packaging which cannot be returned after opening for health or hygiene reasons if the packaging has been opened after delivery,
    3. in which the object of the performance is a perishable object or an object with a short shelf life,
    4. for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who has been informed before the performance of the service by the Seller that after the Seller's performance he will lose his right of withdrawal,
    5. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the end of the withdrawal period,
    6. in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery,
    7. in which the object of performance is alcoholic beverages, the price of which has been agreed upon at the conclusion of the sales contract, the delivery of which may only take place after 30 days and the value of which depends on fluctuations in the market over which the Seller has no control,
    8. in which the subject matter of the service is sound or visual recordings or computer programs supplied in sealed packaging if the packaging is opened after delivery,
    9. for the supply of newspapers, periodicals or magazines, with the exception of a subscription contract,
    10. for the supply of digital content which is not recorded on a tangible medium if the performance has begun with the consumer's express consent before the end of the withdrawal period and after the Seller has informed the consumer of the loss of the right of withdrawal.

§ 11

Complaint and warranty

  1. The Sales Contract covers new and used Products. The condition of each used Product is described in detail on the Shop pages.
  2. The seller is obliged to supply the customer with an item free from defects.
  3. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
  4. Complaints must be made in writing or by e-mail to the Seller's addresses given in these Terms and Conditions.
  5. It is advisable to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) in which it occurred, the details of the customer making the complaint, and the customer's request in connection with the defect in the goods.
  6. The Seller shall respond to the complaint request immediately, and if the Customer is a Consumer - no later than within 14 days. If the Customer is a Consumer and the Seller does not respond to the complaint request within 14 days, it is deemed that the Customer's request is justified.
  7. Goods sent back under the complaints procedure should be sent to the address specified in § 3 of these Terms and Conditions.

§ 12

Out-of-court complaint and redress procedures

  1. Detailed information on the consumer's possibilities of using out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.
  2. The consumer has the following examples of out-of-court complaint and redress procedures:
    1. The consumer shall be entitled to apply to the permanent amicable consumer court referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended) to resolve a dispute arising from the Agreement concluded with the Seller.
    2. The Consumer shall be entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Article 36 of the Act of 15 December 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
    3. A consumer may obtain free assistance in resolving a dispute between him and the seller, also using the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).

§ 13

Personal data in the Online Shop

  1. The administrator of the Customers' personal data collected via the Online Shop is the Seller.
  2. Customers' personal data collected by the administrator via the Online Shop are collected for the purpose of fulfilling the Sales Agreement and, if the Customer agrees, also for marketing purposes.
  3. Recipients of the personal data of the Customers of the Online Shop may be:
    1. In the case of a Customer who uses postal or courier delivery in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing the delivery on behalf of the Administrator.
    2. In the case of a Customer who uses the electronic or credit card payment method in the Online Shop, the Administrator shall make the collected personal data of the Customer available to the selected entity handling the aforementioned payments in the Online Shop.
  4. The customer has the right to access and correct their data.
  5. Provision of personal data is voluntary, although failure to provide the personal data specified in the Terms and Conditions necessary to conclude the Sales Agreement results in the impossibility to conclude the Sales Agreement.

§ 14

Final provisions

  1. Contracts concluded through the Online Shop are concluded in the Polish language.
  2. The Seller reserves the right to make changes to these Terms and Conditions for important reasons, i.e.: changes to the law, changes to payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller shall inform the Customer about each change at least 7 days in advance.
  3. Matters not covered by these Terms and Conditions shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; Act on Providing Services by Electronic Means; Act on Consumer Rights, Act on Personal Data Protection.
  4. The customer has the right to make use of out-of-court complaint and redress procedures. For this purpose, he can submit a complaint via the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.
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