Table of Contents: § 1 Definitions § 2 General provisions § 3 Customer account § 4 Orders § 5 Payment and price § 6 Delivery § 7 Withdrawal from the contract § 8 Statutory warranty for defects § 9 Personal data protection § 10 Provision of services by electronic means § 11 Final provisions
§ 1 Definitions
The terms used in the Terms & Conditions shall be construed as follows:
- Store / Online Store- an online store of the Seller available at https://trawialnia.eu/sklep, https://trawialnia.eu/en/shop/,
- Seller - CHIMIMECA POLSKA Sp. z o.o., ul. Zagórska 167A, 42-600 Tarnowskie Góry, entered into the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under KRS number: 0000190208, tax identification number NIP: 6452322432, statistical number REGON: 015607845, BDO 000015502, e-mail address: sklep@chimimeca .pl, email@example.com,
- Customer – a natural person, legal person and an organisational unit without legal personality granted legal capacity by law, purchasing Products via the Online Store, as part of their business or professional activity, for which the Sales Contract is of a professional nature,
- Customer's Employee – a natural person empowered to represent the Customer and acting on behalf of and for the Customer, with access to the Customer Account.
- Registration – a one-time activity performed by the Customer within the Online Store, consisting in completing a registration form to set up a Customer Account.
- Password – a string of letters, digits or special characters, provided by the Customer during Registration in the Online Store, allowing access to the Customer Account and used for its protection.
- Customer Account - an individual Customer panel available after registration and logging in, with a login and password, used to purchase products through the Online Store, as well as obtaining information about the Customer's Order history.
- Working days – Monday to Friday, excluding public holidays pursuant to the Act of 18 January 1951 on public holidays.
- Terms & conditions - this document stipulating the rights and obligations of the Seller and the Customer, as well as the terms and conditions for placing orders and making purchases in the Online Store.
- Shopping cart – a function provided by the Seller in the Online Store, which shows the Products the Customer added to the Order, allowing the Order to be placed and changed, as well as displaying the Order's current value.
- Order – a declaration of will on the Customer's part constituting an offer to conclude a Sales Contract, made to the Seller by the Customer, submitted using the Online Store, containing information necessary to conclude and implement the Sales Contract.
- Product – a movable item available in the Online Store, intended for sale on the basis of the Sales Contract concluded by the Seller with the Customer through the Online Store.
- Sales Contract – a sales contract, as construed in the Civil Code, concerning the sale of the Products included in the Order by the Seller to the Customer on the terms given in the Terms & Conditions.
- GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
§ 2 General provisions
- The Online Store available at the address https://trawialnia.eu/en/shop/ is operated by CHIMIMECA POLSKA Sp. z o.o., ul. Zagórska 167A, 42-600 Tarnowskie Góry, entered into the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under KRS number: 0000190208, tax identification number NIP: 6452322432, statistical number REGON: 015607845, BDO 000015502, e-mail address: firstname.lastname@example.org.
- The Terms & Conditions define the rights and obligations of the Customers and the Seller.
- The Terms & Conditions are made in Polish and constitute a contract model within the meaning of the Act of 23 April 1964 - Civil Code.
- To conclude a contract with the Seller, the Customer may exercise the right to negotiate the contract terms before placing an order. In the event of the Customer foregoing negotiations, these Terms & Conditions shall constitute the wording of the contract concluded between the parties.
- The Customer can access the Terms & Conditions at any time at: https://trawialnia.eu/regulamin/, as well as by recording it in any format on a medium of their choice.
- These Terms & Conditions constitute an integral part of all sales contracts concluded by the Seller, including such made by way of an Order placed by e-mail or telephone.
- The Online Store is intended only for entities conducting economic activity and, due to its professional nature, an entity not conducting economic activity cannot be a Customer of the Online Store.
- The Online Store shall not to be used by the Customer to make transactions not related to the Customer's economic activity, nor to conclude contracts that are not of a professional nature for the Customer.
- With consideration for the preceding paragraphs, legal provisions on consumer sales are not applicable to the Customers of the Online Store, and for the purposes of each contract concluded via the Online Store the Customer is treated as an entrepreneur and is not entitled to the rights of consumers and entrepreneurs acting as consumers.
§ 3 Customer account
- To set up a Customer Account, the Customer registers using the form, supplying the data listed as mandatory in the registration form.
- The Customer shall provide true data, in particular the Customer shall provide data consistent with that contained in the relevant registers, in line with the form of the Customer's economic activity.
- The Password used for logging into the Store may consist of letters, numbers and/or special characters. The password is individual for each Customer. The password can be changed in the Customer Account by providing the e-mail address and a new password. The Customer shall bear full responsibility for the consequences of the password being obtained by an unauthorised person.
- The e-mail address provided during registration is the Customer login.
- Setting up a Customer Account is free.
- A Customer Account may be set up only by a person authorised to represent the Customer, or by a person appropriately empowered to set up a Customer Account and to place subsequent Orders in the Online Store. Such a person shall automatically be added to the Customer's Account as the Customer's Employee. It is possible to add more Customer's Employees at a later time, following prior contact with the Seller.
- A person performing activities in the Online Store for a legal person or an organisational unit without legal personality declares that they are empowered to act on behalf of the represented entity.
- Reading and accepting these Terms & Conditions is a condition for creating a Customer Account.
- The Seller shall verify the data provided during Registration through publicly available registers. In the case of foreign entities, the Seller reserves the right to request the Customer to send copies of certificates from the relevant registers, confirming the data provided by the Customer during Registration. In the event of refusal to send the documents referred to in the previous sentence or the Seller deeming the provided data to be untrue, the Seller shall refuse to activate the User Account.
- Following the completion of the Registration form, fulfilment of the conditions for registering a Customer's Account by the Customer, and the verification referred to in section 9 by the Seller, a message confirming the activation of the Customer's Account is sent to the Customer's e-mail address provided during Registration.
§ 4 Orders
- Information pertaining to products presented in the Online Store does not constitute an offer within the meaning of the Civil Code. It is an invitation to conclude a sales contract.
- The placement of an order constitutes an offer within the meaning of the Civil Code, submitted to the Seller by the Customer.
- The Customer can place an order after prior registration, via the Customer Account. The condition for placing an order for some Products is the prior completion of the Customer's Declaration available at: https://trawialnia.eu/deklaracja-klienta/. Information on the need to complete the Customer's Declaration in advance can be found on the Product page.
- konieczno?ci uprzedniego wype?nienia deklaracji Klienta znajduje si? na stronie Produktu. W celu z?o?enia zamówienia Klient powinien doda? do ?Koszyka? produkt, który zamierza kupi?. Dodanie produktu do ?Koszyka? nie jest równoznaczne ze z?o?eniem zamówienia. Produkty mog? by? dowolnie dodawane lub usuwane z ?Koszyka?.
- After the final addition of products to the "Shopping cart", the Customer is redirected to the order placement form. Following that, the customer is redirected to the order summary. The order is placed by selecting the "I confirm the order and pay" (Potwierdzam zamówienie i płacę) button.
- Pressing the "I confirm the order and pay" button is tantamount to the Customer placing an order with an obligation to pay.
- Information on the order's total value, which includes the price of the Product excluding delivery costs, is each time provided on the Online Store's website when placing the order, also before direct approval and placement of the order by the Customer.
- Upon placing the Order, the Customer will receive a message entitled "Order placement confirmation" to the e-mail address linked with the Customer Account. This message will confirm receipt of the Order by the Seller. This e-mail does not yet constitute acceptance of the Customer's offer, i.e. the conclusion of the Sales Contract.
- The Seller will then send a message to the Customer with information on Order acceptance, delivery costs, shipping date and commencement of Order implementation, entitled "Order acceptance confirmation". This e-mail constitutes acceptance of the Customer's offer. If the Seller informs the Customer of the acceptance of their offer, the Contract between the Seller and the Customer is concluded. In the event of the Seller being unable to accept the Customer's offer in whole or in part, the Seller shall send a message to the Customer informing of the refusal to accept the Customer's offer and cancellation of the Order in whole or in part. Within the extent, in which the Order has been cancelled, the Contract is not concluded.
§ 5 Payment and price
- The Customer may pay for the goods ordered under the placed Order in the following manner:
- in cash or by card at the time of delivery of the goods by the supplier (cash on delivery),
- by bank transfer to the Seller's bank account,
- in the case of Digital Products: online payment, BLIK or card via a Payment Operator
- Electronic payments are handled by the Payment Operator. Payment via the Payment Operator requires a separate legal relationship to be established with the Payment Operator and acceptance of its terms & conditions
- The prices given on the Online Store website are net prices and are exclusive of value added tax (VAT).
§ 6 Delivery and fulfilment of the Order
- The implementation time of a Digital Product Order is counted from the moment payment is authorised.
- In the case of Digital Products, the Seller shall, no later than within 2 Business Days from the date of conclusion of the Contract for the supply of digital content, send the Digital Product that is the subject of the Order to the Customer's e-mail address indicated in the Order or provide the Customer with a download link.
- Once the Customer receives an e-mail with the Digital Product or a link, it is recommended to the Customer to save the Digital Product on a storage medium. The Store does not provide a storage service for Digital Products purchased from the Store, so the Customer bears the risk of not saving the Digital Product on a storage medium. The Customer is entitled to use the Digital Product only for their own use, as per generally applicable laws. In particular, the Customer is not entitled to distribute or reproduce the Digital Product for purposes other than for their own use or lawful use of the Digital Product, unless expressly allowed by law. Making the Digital Product available to third parties is prohibited.
- In the case of Physical Products, delivery shall be made to the address indicated by the Customer in the order or by way of personal collection at the Seller's registered office.
- The delivery costs of a Physical Product, which shall be borne by the Customer in addition to the price for the Physical Product, are indicated together with the information on Order acceptance.
- The benefits and burdens associated with the item, as well as the risk of its accidental loss or damage shall be transferred onto the Customer upon the handover of the physical Product. A handover of a Physical Product shall be considered to occur upon it being entrusted to a carrier or forwarder by the Seller.
- The Customer shall check the condition of the Physical Product after delivery, in the presence of a representative of the Seller or the transporting entity. In the event of any damage to the package, the Customer shall write an appropriate report.
- If the Seller cannot fulfil the order due to unavailability of the ordered Physical Product, the Seller may withdraw from the Sale Contract within thirty days from its conclusion.
§ 8 Statutory warranty for defects
- The Seller shall be liable to the Customers for physical or legal defects of the sold item, on the terms stipulated in Art. 556 and subsequent of the Civil Code.
- A complaint may be submitted by the Customer via e-mail or in writing to the Seller's address.
- The Customer may use the complaint form template available on the Online Store's website when submitting the complaint, but this is not mandatory.
- W przypadku sk?adania reklamacji bez wykorzystania wzoru formularza reklamacji nale?y w zg?oszeniu reklamacyjnym poda? co najmniej nast?puj?ce dane:
- imi?, nazwisko, adres do korespondencji i dane kontaktowe,
- informacje dotycz?ce daty zawarcia umowy wraz z potwierdzeniem jej zawarcia,
- informacje i okoliczno?ci dotycz?ce przedmiotu reklamacji, w szczególno?ci rodzaju i daty wyst?pienia wady,
- request regarding the method of complaint consideration.
- The Seller shall respond to the Customer's complaint without delay.
§ 9 Personal data protection
§ 10 Provision of services by electronic means
- The Seller provides the following Electronic Services via the Online Store:
- setting up and maintaining a Customer Account in the Online Store;
- enabling placement of an Order and conclusion of a Sales Contract;
- allowing the use of a Shopping Cart;
- providing data and materials in the Online Store, in particular information about the Products.
- The technical requirements for using the ICT system employed by the Seller to provide Electronic Services are as follows:
- a PC or Mac computer, or other device enabling the use of the Store;
- Internet access;
- access to e-mail;
- appropriate software in the form of a web browser.
- The Customer shall not provide unlawful content.
- The contract for the provision of services by electronic means shall be concluded upon the creation of a Customer Account by the Customer, as well as when they start taking advantage of a given function of the Online Store enabling the use of a particular electronic service.
- The contract for the provision of services by electronic means consisting in the creation and maintenance of a Customer Account in the Online Store is concluded for an indefinite period. Within the scope of other services provided by electronic means through the Online Store, the contract for the provision of such services shall be concluded for an indefinite period and terminated when the Customer ceases to use a particular electronic service, without submission of any additional statements.
- The Customer may terminate at any moment and without justification terminate the contract referred to in sec. 4 and 5 by sending a relevant statement via e-mail or in writing to the Seller's address.
- The Customer is not entitled to submit a complaint regarding services provided by electronic means within the Online Store.
- In the event of a breach of the provisions hereof by the Customer or the Customer's Employee, the Seller may, depending on the type, scale and circumstances of the breach:
- caution the Customer or the Customer's Employee via e-mail,
- temporarily limit the Customer's or Customer's Employee's access to the Customer Account by blocking it,
- terminate the contract for the provision of services by electronic means with immediate effect and delete the Customer Account.
§ 11 Final provisions
- Customers may access these Terms & Conditions at any time via the link on the Online Store website. The Terms & Conditions can be recorded, acquired and reproduced by printing or saving on an appropriate data storage medium.
- If any of the provisions included in these Terms & Conditions are deemed unlawful, invalid or otherwise unenforceable to the extent provided for by law, they shall be excluded within this scope. In the remaining scope, the Terms & Conditions shall remain in force.
- The Seller may amend the provisions of the Terms & Conditions after providing the Customers with appropriate notification by publishing a consolidated text of the Terms & Conditions on the Online Store website. Amendments to the Terms & Conditions or new Terms & Conditions shall enter into force 14 days from the date of the new Terms & Conditions being posted on the Online Store website.
- Orders placed during the period of validity of the previous version of the Terms & Conditions shall be implemented in accordance with those provisions.
- All graphic elements of the Online Store, technical solutions used therein, the content and the manner in which graphic elements and content are presented (layout), as well as software, databases and other materials forming part of the Online Store are the Seller's copyright and are protected in accordance with the provisions of the Act of 4 February 1994 on copyright and related rights.
- To allow use of the Online Store, the Seller grants the Customers a non-exclusive, non-transferable License to use the Online Store, granted for the duration of use of the Online Store. Under the granted License, the Customer is only entitled to temporarily reproduce the Online Store by displaying it in a web browser, as well as saving temporary files in order to use the available functions in a manner compliant with these Terms & Conditions.
- These Terms & Conditions are subject to Polish law and to the jurisdiction of Polish courts.
- Any disputes arising between the Seller and the Customer shall be settled by a common court competent for the registered office of the Seller.