TERMS AND CONDITIONS OF THE ONLINE STORE 

Pola N.

 

GENERAL PROVISIONS

  1. Pola N. online store, operating at: www.pola-n.com, is operated by Paulina Otterstein-de Nicolay, based at: Krzeczyn Mały 35, operating under NIP: 6922523092, REGON: 385555320.
  2. These Terms and Conditions of the online store define the rules for making purchases in the Pola N. online store, and in particular the rules and procedure for concluding distance sales contracts through the Store, as well as the procedure for complaints and the procedure for withdrawal from the contract by the Consumer.
  3. With respect to Services provided electronically, these Regulations are the regulations referred to in Article 9 of the Act on Providing Services by Electronic Means of July 18, 2002 (i.e., Journal of Laws of 2020, item 344, as amended).
  4. The Regulations are addressed to all Customers of the Store. All Customers are obliged to familiarize themselves with the provisions of the Regulations, before making a purchase.
  5. Each customer is obliged to comply with the provisions of the Regulations. Sales are made on the basis of the version of the Terms and Conditions in effect at the time the order is placed.
  6. Each customer has the opportunity to read the Terms and Conditions at any time by clicking on the hyperlink “Terms and Conditions of the Store” on the Store’s website www.pola-n.com. The Regulations can be downloaded and printed at any time.
  7. All information contained on the website of the Store www.pola-n.com relating to products (including prices), do not constitute an offer within the meaning of Article 66 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended), but an invitation to conclude a contract, in accordance with Article 71 of the Civil Code of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended). The Customer, by sending the Order Form, makes an offer to purchase the indicated Goods for the price and under the conditions specified in the description.

 

DEFINITIONS

  1. Regulations – this set of regulations organizing the principles of use of Store Services by Customers
  2. Consumer (contracts concluded before January 1, 2021) – a natural person, making a civil contract through the Store, not directly related to his/her business or professional activity.
  3. Consumer (Contracts entered into from January 1, 2021) – a Consumer is defined as the following:
    • a natural person making a civil contract through the Store, not directly related to his/her business or professional activity – the so-called “Consumer sensu stricto” and  
    • a natural person entering into a civil law contract through the Store, directly related to his/her business, when the content of the contract shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available under the provisions of the Central Register and Information on Business Activity – the so-called “Entrepreneur”. “Entrepreneur on the rights of the Consumer”..
  4. For the purposes of these Regulations, it is assumed that in the absence of a distinction between the two groups of entities indicated, the Regulations refer to both Consumers stricto sensu and Entrepreneurs on the rights of Consumers.
  5. Customer – a natural person (including a Consumer) who is at least 13 years old (provided that he/she has obtained the consent of his/her legal representative), a legal person and an organizational unit that is not a legal person, to which special regulations grant legal capacity, who uses the Services provided by the Store.
  6. Order Form – Service available on the Store’s website, through which the Customer can make a purchase, in particular by adding Goods to the Cart and specifying certain terms and conditions of the Sales Agreement, among others, the method of delivery and payment.
  7. Basket – an element of the Store, where the Goods selected by the Customer are visible and where the Customer has the possibility to establish and modify the Order data, including the quantity of the purchased Products.
  8. Store – Internet service, belonging to the Seller, available under the domain: www.pola-n.com, through which the Customer can purchase Goods from the Seller.
  9. Seller – Paulina Otterstein-de Nicolay with registered office at: Krzeczyn Mały 35, NIP: 6922523092, REGON: 385555320 who, in the course of her commercial or professional activity, offers sales via her website.
  10. Merchandise – a movable thing traded between the Store and the Customer, the terms of sale of which are specified in the Order Form. Contract of sale – a contract of sale of Goods at a distance concluded by the Customer through the Store, usually through the Order Form.

 

RECEIVING AND PROCESSING ORDERS

  1. The condition for using the Store is reading and accepting these Regulations. By placing an order, the Customer accepts the content of the Regulations.
  2. Orders from Customers are accepted by means of a sent Order Form, made through the website: www.pola-n.com or by e-mail to contact@pola-n.com, 7 days a week, 24 hours a day.
  3. The ordering of Goods is carried out by selecting the Goods in which the Customer is interested, clicking on the “ADD TO CART” button, located next to the description of the Goods, and then, from the “CART” level, located in the Shop tab, filling out the Order Form, including selection of the form of delivery and payment or selection of the payment on delivery option, if available for the selected Goods, and then clicking on the purchase confirmation.
  4. Entrepreneurs, considered to be so-called Entrepreneurs on the rights of consumers (see the definition of “Consumer” in these Regulations), entering into contracts after January 1, 2021, will have to indicate, already at the time of ordering the Goods, that the purchase is not of a professional nature for them.
  5. After placing an order, the customer receives a confirmation of the placed order to his e-mail address, provided in the Order Form.
  6. After the customer receives confirmation of acceptance of the offer, the process of order processing by the Seller begins, whereby:
    1. in the case of an order paid on delivery – begins at most on the next business day, after its confirmation by the Seller.
    2. in the case of an order paid by traditional transfer – begins after the payment for the order is credited to the Store’s bank account.
  7. Orders placed in the Store are processed 24 hours a day, regardless of the day of the week.
  8. The Customer will receive a message about acceptance of the order for processing, which is understood as the Seller’s statement of acceptance of the offer. As soon as it is received, by the Customer, the Contract of Sale is concluded.
  9. A VAT receipt is issued for each order. A VAT invoice will also be sent to the customer upon request.
  10. The available means of communication of the Customer with the Store are:
    1. E-mail – contact@pola-n.com
    2. Phone – 505057425
    3. Mailing address – 5/76 Konstytucji Square, 00-553 Warsaw, Poland
  11. The price specified in the order is the total value that the customer is obliged to pay (gross price). It includes the tax due.
  12. The Seller reserves the right to change prices found in the Store, introduce new Goods for sale, carry out and cancel promotional actions, or make changes to them, in accordance with applicable laws.
  13. If the Consumer will be required to pay more than the agreed price described in the preceding paragraph, the Shop will immediately inform the Consumer about this fact, explaining the reason for the price difference. The Consumer will be charged with additional costs only after obtaining the express consent of the Consumer.

 

PAYMENT EXECUTION

  1. As part of the operation of the Store, the following payment methods are possible:
    1. cash on delivery – upon receipt of the shipment;
    2. by bank transfer, to the bank account – 15105017481000009276071298;
    3. Payment dotpay
  2. A customer who has chosen the option of payment by bank transfer is obliged to pay for the order placed, within five (5) working days, from the date of placing the order. Otherwise, the Seller’s offer is not binding and the order is removed from the system. In the title of payment, it is sufficient to specify only the number of the order being placed. It is possible to extend the payment deadline, with prior notification to the Store staff.

 

ADVERTISEMENT

  1. The Seller shall be liable under warranty for physical and legal defects of the Goods, to the extent specified in Article 556 and following of the Civil Code Act of April 23, 1964 (i.e. Journal of Laws of 2020, item 1740, as amended).
  2. A physical defect of the Goods consists in the non-conformity of the sold Goods with the contract, which occurs when:
    1. The goods do not have the characteristics that they should have due to the purpose of the contract, resulting from the circumstances or purpose;
    2. The goods do not have the properties that the Seller assured the Customer about;
    3. The goods are not suitable for the purpose that the Customer informed the Seller at the conclusion of the contract, and the Seller did not object to such purpose;
    4. The goods were issued to the customer in an incomplete condition.
  3. A legal defect in the Goods occurs when the Goods are the property of a third party or are encumbered by a right of a third party, when a restriction on the use or disposition results from a decision or ruling of a competent authority.
  4. In the case of the Consumer, the public assurances of the manufacturer or the entity that markets the Goods, within the scope of its business, or that presents itself as the manufacturer, shall be treated equally with the assurances of the Seller. However, the Seller shall not be liable when such assurances were not known to him or could not have been known to him, or when such assurances could not have influenced the Consumer’s decision to conclude the contract of sale, as well as when the content of such assurances was corrected before the conclusion of the contract of sale.
  5. The seller is liable under the warranty if the physical defect is discovered before the expiration of two years from the date of delivery of the item to the customer.
  6. In the case of a Consumer, when a physical defect is discovered before one year from the date of delivery of the Goods, the defect or its cause is presumed to have existed at the time of delivery of the Goods.
  7. If the buyer is a Consumer, and the physical defect is discovered before the expiration of one year from the date of delivery of the sold thing, the defect or its cause is presumed to have existed at the time when the danger passed to the buyer.
  8. If the Goods have a defect, the Customer may submit a statement of price reduction or withdrawal from the contract, unless the Seller immediately replaces the defective Goods with defect-free Goods or removes the defect. This restriction does not apply if the Goods have already been replaced or repaired by the Seller, or the Seller has failed to comply with the obligation to replace the Goods with defect-free or remove the defect.
  9. If the Goods have a defect, the Customer may also demand the replacement of the item with a defect-free one or the removal of the defect.
  10. The Consumer may, instead of the removal of the defect proposed by the Seller, demand replacement of the Goods with defect-free Goods or, instead of replacement of the Goods, demand removal of the defect, unless bringing the Goods into conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller.
  11. The customer may not withdraw from the contract if the defect is insignificant.
  12. Complaints about the Goods, may be submitted:
    1. In writing, to the address of the Seller’s registered office;
    2. by e-mail, to the e-mail address indicated in the confirmation of the Order.
  13. The complaint should include:
    1. data of the person making the complaint (name, mailing address, optionally – e-mail address and contact telephone number);
    2. indicating the reason for the complaint and the content of the request;
    3. Order number, appearing in the confirmation of acceptance of the Order;
    4. The original or a copy of the proof of purchase (e.g., receipt or invoice) may facilitate the filing of a claim, but is not necessary to file a claim.
  14. The Customer, exercising his/her rights under the warranty, shall deliver the defective Goods, at the Seller’s expense, to the address: ul.Plac Konstytucji 5/76, 00-553, Warsaw.
  15. The Seller undertakes to respond to the complaint within fourteen (14) days from the date of receipt.
  16. If the complaint is justified, the Seller undertakes to replace the defective Goods with defect-free Goods or remove the defect within fourteen (14) days from the date of the Customer’s complaint.
  17. In the event of an effective withdrawal from the contract, the Seller undertakes to refund the payment within fourteen (14) days, from the date of receipt of the withdrawal from the contract, provided that the refund will not be made until the Goods are received back or the Customer provides proof of their return.
  18. If the Consumer demanded replacement of the item or removal of the defect or made a statement on price reduction, specifying the amount by which the price is to be reduced, and the seller did not respond to this demand within fourteen (14) days, it is considered that the seller recognized the demand as justified.
  19. A claim for removal of a defect or replacement of the Goods with defect-free Goods shall be time-barred one (1) year from the date of discovery of the defect. In the case of a Consumer, the statute of limitations shall not end before the expiration of two (2) years.
  20. The above provisions do not exclude the Seller’s ability to provide a warranty for the purchased Goods, which is provided for in separate warranty regulations.

 

RIGHT OF WITHDRAWAL

  1. In accordance with the Consumer Rights Act of May 30, 2014. (i.e. Journal of Laws of 2020, item 287, as amended), the Consumer may withdraw from the contract of sale of the Goods purchased from the Store, without giving any reason, by submitting an appropriate statement in writing, within fourteen (14) days, counting from the date of delivery of the Goods (i.e. from the date of receipt of the Goods by the Consumer). In order for the Consumer to meet this deadline, it is sufficient to send the statement, before its expiration.
  2. The consumer may withdraw from the contract by submitting a statement of withdrawal to the Seller. A model statement is attached as Appendix 1 to these Regulations.
  3. Declaration of withdrawal from the contract should be sent to the address: ul.Plac Konstytucji 5/76, 00-553 Warsaw.
  4. The consumer will return the Goods to the Seller within fourteen (14) days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to return the Goods before its expiration.
  5. Return of Goods should be made to the Seller’s address: __.
  6. The Seller, within fourteen (14) days, from the date of receipt of the declaration of withdrawal from the contract, will return to the Consumer all payments made by him, including the cost of delivery of the Goods, but the return of payments will not take place until the Goods are received back or the Consumer provides proof of their return.
  7. The Seller will refund the payment using the same method of payment used by the Consumer.
  8. The consumer shall bear the cost of returning the Goods to the Seller.
  9. The right of withdrawal from the Sales Contract does not apply to the Consumer with respect to the contract:
    • in which the object of performance is a non-refabricated item, manufactured to the Consumer’s specifications or serving to meet his individualized needs;
    • in which the object of performance is an item that is perishable or has a short shelf life;
    • in which the subject of performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygienic reasons, if the package has been opened after delivery; in which the subject of performance is an item that after delivery, due to its nature, is inseparably combined with other items;
    • in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
    • for the supply of daily newspapers, periodicals or magazines, except for a subscription contract;
    • in which the price or remuneration depends on fluctuations in the financial market, over which the trader does not control, and which may occur before the deadline for withdrawal;
    • for the supply of digital content that is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the trader has informed him of the loss of the right of withdrawal;
  10. The right of withdrawal from a contract concluded at a distance does not apply to an entity other than a Consumer, as defined for the purposes of these Regulations (see definition of “Consumer”).

 

OUT-OF-COURT DISPUTE RESOLUTION

  1. If the complaint procedure fails to produce the result expected by the Consumer, the Consumer may use, among other things:
    • Mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. The list of Inspectorates can be found at: https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    • Assistance of the locally competent permanent amicable consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the amicable court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    • Free assistance from the city or county consumer ombudsman.
    • ODR’s online platform available at: http://ec.europa.eu/consumers/odr/.
  2. This chapter entitled “Out-of-court dispute resolution” does not apply to one category of persons described in these Terms and Conditions as Consumers, the so-called “Entrepreneurs on consumer rights”, which came into force for contracts concluded from January 1, 2021. In view of this, for all contracts, the chapter applies only to entities belonging to the so-called category of Consumer sensu stricto.

 

PERSONAL DATA PROTECTION

  1. The customer, by placing an order, agrees to the processing, provided by him, of personal data, for the purpose of processing and servicing the order, by the Seller, who is also the administrator of the personal data, within the meaning of Article 7 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88.
  2. The administrator of personal data, provided by the Customer, while using the Store, is the Seller.
  3. Personal data, located in the Seller’s database, are not transferred to entities that do not participate in the implementation of the Sales Agreement.
  4. The Customer, in accordance with Article 15 of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016, p. 1-88, has the right to access his personal data, and may request their correction or deletion. The Seller shall provide each Customer with the right to control the processed personal data.
  5. Provision of personal data is voluntary, however, lack of consent to the processing of personal data prevents the execution of the Customer’s order.
  6. Detailed information on personal data and privacy protection is included in the “Privacy Policy” tab on the Store’s website.

 

FINAL PROVISIONS

  1. The Regulations set out the rules for the conclusion and performance of the Agreement for the sale of Goods located on the Store’s website.
  2. The sales contract is concluded between the Customer and the Seller.
  3. The Terms and Conditions are available to all customers electronically on the Store’s website www.pola-n.com.
  4. In order to use the Store’s Services, it is necessary to have devices that allow access to the Internet and a web browser that allows the display of web pages, as well as to provide an e-mail address to send information, concerning the execution of the order.
  5. It is forbidden for all persons, including customers, to post unlawful content on the Store’s website.
  6. In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply.
  7. The Regulations do not exclude or limit any of the rights of the Customer, who is a Consumer, to which he is entitled under mandatory provisions of law. In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting rights to consumers, the provisions shall prevail.
  8. In the event that any provision of these Terms and Conditions is or should become invalid or ineffective, the validity of the entire Terms and Conditions for the remainder shall not be affected. In such a case, the Parties shall replace the invalid or ineffective provision with another provision that reflects the intended economic purpose as closely as possible. Accordingly, this also applies to any gaps in the Terms and Conditions.
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