Store regulations

Terms and Conditions of the online store dated 23.03.2022, last updated 16.10.2024

defining, among other things, the conditions for concluding contracts via the Store, containing the most important information about the Seller, the Store, and the rights of the Consumer.

TABLE OF CONTENTS
Section 1 Definitions
Section 2 Seller's contact details
Section 3 Technical requirements
Section 4 Shopping in the Store
Section 5 Payments
Section 6 Order fulfillment
Section 7 Right of withdrawal from the contract
Section 8 Exceptions to the right of withdrawal from the contract
Section 9 Complaints
Section 10 Personal data
Section 11 Restrictions
Section 12 Provisions applicable to Buyers who are not Consumers
1 Appendix: Sample withdrawal form

SECTION 1 DEFINITIONS

Account – a free feature of the Store (internet service), regulated by a separate regulation, allowing the Buyer to register their own individual account in the Store.
Business Days – from Monday to Friday excluding public holidays in Poland.
Buyer – any entity making purchases in the Store having a usual residence within the European Union.
consumer – any natural person making purchases in the Store for purposes unrelated to their commercial, business, craft, or professional activities.
Directive – Directive of the European Parliament and of the Council (EU) 2019/771 of 20 May 2019 on certain aspects of contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC and repealing Directive 1999/44/EC.
Seller – ALBIN KAMIL POPŁAWSKI, entrepreneur conducting business under the name BM ALBIN POPŁAWSKI, entered in the Central Registration and Information on Business Activity maintained by the minister responsible for the economy and conducting the Central Registration and Information on Business Activity, EU VAT Identification Number PL9261565906, REGON No. 080219259, ul. Sucha 172, 66-004 Zielona Góra, Poland.
Store – michaelserge.pl – online store run by the Seller at https://michaelserge.pl directed to Buyers.
Regulations – these Regulations.

SECTION 2 SELLER'S CONTACT DETAILS

The basic telecommunications operator tariff applied by the Buyer applies to telephone calls made by the Buyer. The Seller draws attention to the fact that the cost of international calls may be higher than the cost of domestic calls - depending on the tariff applied by the Buyer's operator.

SECTION 3 TECHNICAL REQUIREMENTS

1. A device with internet access and a web browser supporting:
   • cookies
   • JavaScript
   is necessary for the proper functioning of the Store.
2. To place an order in the Store, in addition to the requirements specified in section 1, an active email account is required.

SECTION 4 SHOPPING IN THE STORE

1. The prices of products published in the Store are total prices.
2. The total price displayed in the Store includes: the product price and the delivery cost – if applicable.
3. The Buyer first adds the selected product to the Store's cart.
4. Then the Buyer chooses the method of delivery and payment available in the Store, as well as provides all data necessary to complete the order.
5. The order is considered placed upon confirmation by the Buyer of its contents and acceptance of the Regulations.
6. The placement of an order is equivalent to the conclusion of a contract between the Buyer and the Seller.
7. The Buyer can register in the Store, i.e. create an Account in the Store or make purchases without registration, providing their data with each order.

SECTION 5 PAYMENTS

1. Subject to section 2, the following payment methods are available in the Store:
   1. standard transfer to the Seller's bank account;
   2. payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • Electronic MasterCard
      • Maestro
   3. payment platform:
      • PayPal
      • stripe.com
      • klarna.com
      • Blik
      • Przelewy24
   4. cash on delivery, i.e. by card or cash upon delivery of the goods to the Buyer.
2. Additional information about payment methods can be found in the relevant tab in the Store, including information about the availability of specific methods depending on the Buyer's country.
3. In the case of the Buyer choosing payment for the order in advance, payment must be made within 7 Business Days from the date of concluding the contract.
4. The Seller declares that for payment methods in which the field for entering the data necessary to process the payment appears immediately after placing the order, payment is only possible immediately after placing the order.
5. By making a purchase in the Store, the Buyer agrees to the Seller's use of electronic invoices. The Buyer has the right to withdraw consent.

SECTION 6 ORDER FULFILLMENT

1. The Seller is obliged to deliver a product free of defects.
2. The delivery time for the order is indicated in the Store.
3. If the Buyer selects payment for the order in advance, the Seller will proceed to fulfill the order upon receipt of payment.
4. If the Buyer orders multiple products in one order, the order will be fulfilled within the time corresponding to the product with the longest order fulfillment time.
5. Where we deliver:

Products purchased in the Store are delivered via a courier company.

SECTION 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The consumer has the right to withdraw from this agreement within 30 days without giving any reason, subject to section 8 of the Regulations.
2. The withdrawal period expires after 30 days from the day:
   1. on which the Consumer enters or on which a third party other than the carrier and indicated by the Consumer takes physical possession of the item – in the case of a sales contract;
   2. on which the Consumer took possession of the last of the goods or on which a third party other than the carrier and indicated by the Consumer took physical possession of the last item – in the case of a contract for multiple goods ordered by the Consumer in one order and delivered separately.
3. In order to exercise the right of withdrawal from the contract, the Consumer must inform the Seller using the data indicated in section 2 of the Regulations, of their decision to withdraw from this agreement by way of an unambiguous statement (e.g. a letter sent by post or e-mail).
4. The Consumer may use the attached withdrawal form sample, but this is not obligatory.
5. To keep the withdrawal period, it is sufficient for the Consumer to send the information concerning the exercise of their right of withdrawal before the expiry of the withdrawal period.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

6. In the event of the Consumer withdrawing from this agreement, the Seller will reimburse all payments received from them, including delivery costs (excluding additional costs resulting from the Consumer's choice of a type of delivery other than the cheapest standard delivery offered by the Seller), without undue delay, and in any case no later than 30 days from the day the Seller was informed of the Consumer's decision to withdraw from this agreement.
7. The Seller will make such a refund using the same method of payment that the Consumer used for the initial transaction, unless the Consumer has expressly decided otherwise; in any case, the Consumer will not incur any fees for such a refund.
8. The Seller may withhold the refund until the Seller has received the item or the Consumer has provided proof of sending the item back, whichever occurs first.
9. The Consumer should send the item back or deliver it to the Seller at: ul. Sucha 172, 66-004 Zielona Góra, Poland without undue delay and in any case no later than 14 days from the day the Consumer informed the Seller about the withdrawal from this agreement. The deadline is met if the Consumer returns the item before the expiry of the 14-day period.
10. The Seller will bear the direct costs of returning the item.
11. The Consumer is only liable for the diminished value of the item resulting from handling it in a manner other than necessary to ascertain the nature, characteristics, and functioning of the item.
12. If the item by its nature cannot be returned in the normal way by courier or by InPost Parcel Machine, the Consumer will also have to bear the direct costs of returning the item. Information on the estimated cost will be provided to the Consumer in the description of the item in the Store or during the ordering process.
13. In the case of the need to refund funds from a transaction made by payment card, the Seller will refund to the bank account assigned to that payment card.

SECTION 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The Consumer does not have the right of withdrawal from a distance contract in the case of contracts:
   1. for the delivery of goods that can spoil or quickly expire;
   2. for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons, and that have been opened after delivery;
   3. for the delivery of goods which, after delivery, due to their nature, are inseparably mixed with other items;
   4. for the delivery of sealed audio recordings or sealed video recordings or sealed computer programs that have been opened after delivery;
   5. for the delivery of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications;
   6. for the delivery of goods or services whose price depends on fluctuations in the financial market beyond the Seller's control, which may occur before the expiration of the withdrawal period.

SECTION 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller requests that complaints be directed to the postal address or email address indicated in section 2 of the Regulations.
2. If an additional warranty was granted for the product, information about it and its conditions is available in the Store.
3. Complaints concerning the operation of the Store should be made electronically to the email address indicated in section 2 of the Regulations.
4. Unless otherwise specified in this point (in relation to complaints), the Seller will consider the complaint within a maximum of 30 days – subject to section 11 paragraph 3 of the Regulations.

II CONSUMERS

1. GOODS

   1. The Seller is liable to the Consumer for non-conformity of the goods with the contract existing at the time of delivery and which becomes apparent within two years from that moment - subject to § 11 paragraph 3 of the Regulations and conditions.
   2. In the case of a non-conformity of the goods with the contract, the Consumer may – under the terms set out in the Directive:
      1. request a replacement;
      2. request a repair.
   3. Additionally, the Consumer may - under the terms set out in the Directive:
      1. submit a statement to the Seller expressing their decision to withdraw from the contract;
      2. request a price reduction
      in situations where:
      • The Seller has not repaired or replaced or, where appropriate, has not repaired or replaced in accordance with Article 14(2) and (3) of the Directive, or the Seller has refused to bring the goods into conformity in accordance with Article 13 paragraph 3 of the Directive;
      • the lack of conformity persists despite the Seller's attempt to bring the goods into conformity with the contract;
      • the lack of conformity is of such a serious nature that it justifies immediate price reduction or termination of the sales contract; or
      • The Seller has declared or it is clear from the circumstances that they will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the Consumer.
   4. The Consumer does not have the right to withdraw from the contract under this paragraph (regarding goods), if the non-conformity with the contract is minor.
   5. In the case of removing the non-conformity of the goods with the contract by repairing or replacing the goods, the Consumer should make the goods available to the Seller. The Seller will collect the exchanged goods at their own expense.
   6. In the case of the Consumer terminating the purchase of the goods, the Consumer is obliged to return the goods to the Seller without undue delay at the Seller's expense, to the address ul. Sucha 172, 66-004 Zielona Góra, Poland. The Seller will refund the Consumer the price paid for the goods without undue delay, but no later than 14 days from the receipt of the goods or the evidence provided by the Consumer of returning the goods – subject to § 11 paragraph 3 of the Regulations.
   7. The Seller will refund the Consumer the amounts in connection with exercising the right to reduce the price without undue delay, but no later than 14 days from the day the Consumer submitted a price reduction claim to the Seller – subject to item 11 paragraph 3 of the Regulations.

2. OUT-OF-COURT COMPLAINT AND CLAIMS HANDLING MECHANISM

   1. If the complaint procedure does not yield the expected results, the Consumer may use, among others:
      1. the help of competent European Consumer Centre ECC-Net. Centers provide Consumers with information about their rights and assist in resolving individual problems related to cross-border transactions. The assistance of Consumer Centers is normally free of charge. A list of Consumer Centers appropriate for each country can be found at: https://konsument.gov.pl/eck-w-Europie/;
      2. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
   2. Furthermore, the following support options are available in Poland:
      1. mediation conducted by the relevant voivodeship trade inspector, to whom a request for mediation should be directed. The proceedings are generally free of charge. A list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
      2. the assistance of the relevant permanent consumer arbitration court operating at the Voivodeship Trade Inspectorate, where a request for reconsideration of the case in the arbitration court should be submitted. The proceedings are generally free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
      3. free assistance from the municipal or district consumer ombudsman.

III BUYERS WHO ARE NOT CONSUMERS

1. To avoid any doubts, the Seller indicates that in the event of a complaint, the Seller's liability towards the Buyer who is not a Consumer is governed by section 12 of the Regulations.

SECTION 10 PERSONAL DATA

1. The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and legal bases for processing data, as well as data recipients – can be found in the Privacy Policy available in the Store – due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and the Council regarding data protection – “GDPR”.
2. The purpose of processing the Buyer's data provided by the Buyer in connection with purchases in the Store is to fulfill orders. The basis for processing personal data in this case is:
   • a contract or actions taken at the request of the Buyer with a view to concluding a contract (art. 6 par. 1 letter b GDPR),
   • a legal obligation on the Seller related to accounting (art. 6 par. 1 letter c GDPR), and
   • the Seller's legitimate interest in processing data in order to establish, pursue, or defend potential claims (art. 6 par. 1 letter f GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide this data will prevent the conclusion of a contract in the Store.
4. The Buyer's data provided in connection with purchases in the Store will be processed until:
   1. a contract concluded between the Buyer and the Seller expires;
   2. a legal obligation that requires the Seller to process the Buyer's data ceases;
   3. either the Buyer or the Seller ceases to pursue claims related to the contract concluded by the Store;
   4. a complaint regarding the processing of their personal data has been made by the Buyer – in the case where the basis for processing was the legitimate interest of the Seller
   – depending on what is applicable in a given case and what occurs latest.
5. The Buyer has the right to request:
   1. access to their personal data,
   2. rectification of their data,
   3. erasure of their data,
   4. restriction of processing,
   5. transfer of data to another administrator
      and the right to:
   6. at any time object to the processing of data on grounds relating to their particular situation – against the processing of personal data concerning them, based on art. 6 par. 1 letter f GDPR (i.e., on the legitimate interests pursued by the administrator).
6. To exercise their rights, the Buyer should contact the Seller using the data indicated in section 2 of the Regulations.
7. If the Buyer believes that their data is being processed unlawfully, they may lodge a complaint with the President of the Personal Data Protection Office.

SECTION 11 RESTRICTIONS

1. The delivery of content of an unlawful nature by the Buyer is prohibited.
2. Each order placed in the Store requires the conclusion of a separate contract and separate acceptance of the Regulations. The contract is concluded for the duration and for the purpose of executing the order.
3. To each contract concluded based on the Regulations, the provisions of Polish law shall apply, unless the waiver or limitation of the right to protection granted to the Consumer under the mandatory provisions of law that would apply but for the choice of law. In such cases, the provisions most favorable to the Consumer shall take precedence.
4. Contracts concluded through the Store are concluded in the English language.
5. None of the provisions of these Regulations shall exclude or limit in any way the rights of the Consumer imposed by law.