REGULATIONS OF THE ALTAJ.COM.PL ONLINE STORE
CONTENTS:
- GENERAL PROVISIONS
- ELECTRONIC SERVICES IN THE ONLINE STORE
- TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
- COST, METHODS AND DATE OF PRODUCT DELIVERY
- PRODUCT COMPLAINT
- OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
- RIGHT TO WITHDRAW FROM THE CONTRACT
- PROVISIONS APPLICABLE TO ENTREPRENEURS
- ILLEGAL CONTENT AND OTHER CONTENT IN COMPLIANCE WITH THE REGULATIONS
- FINAL PROVISIONS
- SAMPLE WITHDRAWAL FORM
These Regulations of the Online Store were prepared by lawyers of Prokonsumencki.pl. The online store www.altaj.com.pl cares about consumer rights. The consumer cannot waive the rights granted to him in the Consumer Rights Act. Contract provisions that are less favorable to the consumer than the provisions of the Consumer Rights Act are invalid and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any rights of consumers under mandatory legal provisions, and any possible doubts should be resolved to the benefit of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, these provisions shall prevail and shall be applied.
- GENERAL PROVISIONS
1.1. The Online Store available at the Internet address www.altaj.com.pl is run by Maciej Wiliński, running a business under the name ALTAJ MACIEJ WILIŃSKI, entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place of business business activity and delivery address: ul. Wojciecha Kossaka 16, 22- 100 Chełm, NIP 5632402540, REGON 361969490, e-mail address: sklep@altaj.com.pl, telephone number: +48 532 211 061 or +48 886 994 797
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a given provision of the Regulations provides otherwise. 1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, for the period and based on the grounds and principles indicated in the privacy policy published on the Online Store website. The privacy policy primarily contains the rules regarding the processing of personal data by the Administrator in the Online Store, including the basis, purposes and period of personal data processing and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service User or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and the Seller's statutory obligations).
1.4. Definitions:
1.4.1. WORKING DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. ORDER FORM - Electronic Service, an interactive form available in the Online Store enabling placing an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.3. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law - which has concluded or intends to conclude a Sales Agreement with the Seller.
1.4.4. CIVIL CODE - Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
1.4.5. ACCOUNT - Electronic Service, marked with an individual e-mail address (login) and password provided by the Service Recipient, a set of resources in the Service Provider's IT system, which collects data provided by the Service Recipient and information about Orders placed by him in the Online Store.
1.4.6. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.7. REGULATIONS – these regulations of the Online Store.
1.4.8. ONLINE STORE – the Service Provider's online store available at the Internet address: www.altaj.com.pl .
1.4.9. SELLER, SERVICE PROVIDER - Maciej Wiliński running a business under the name ALTAJ MACIEJ WILIŃSKI entered into the Central Register and Information on Economic Activity of the Republic of Poland kept by the minister responsible for economy, having: address of the place of business and address for delivery: ul. Górna 1, 26-803 Promna, NIP 5632402540, REGON 361969490, e-mail address: sklep@altaj.com.pl, biuro@altaj.com.pl telephone number: +48 532 211 061 or +48 886 994 797.
1/4/10. SALES AGREEMENT - a Product sales agreement concluded or concluded between the Customer and the Seller via the Online Store.
1/4/11. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1/4/12. SERVICE RECIPIENT - (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) legal entity; or (3) an organizational unit without legal personality, which is granted legal capacity by law - using or intending to use the Electronic Service.
1/4/13. CONSUMER RIGHTS ACT - Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
1/4/14. ORDER - the Customer's declaration of will submitted using the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
1.5.1. DIGITAL SERVICES ACT, ACT - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27/10/2022, pp. 1-102).
1.5.2. ILLEGAL CONTENT - information that, by itself or by reference to the operation, including the sale of Products or the provision of Electronic Services, is not in accordance with the law of the European Union or with the law of any Member State that is consistent with the law of the European Union, regardless of the specific subject matter or the nature of that right.
- ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Account and Order Form.
2.1.1. Account – An account can be created by checking the appropriate checkbox and entering the password when placing the Order. Upon placing the Order, the Account is created in accordance with the data provided in the Order Form.
2.1.1.1. The Electronic Account Service is provided free of charge for an indefinite period of time. The Service User may, at any time and without giving a reason, delete the Account (resign from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: sklep@altaj.com.pl
2.1.2. Order Form - the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. An order is placed after the Customer completes a total of two subsequent steps - (1) completes the Order Form and (2) clicks on the "Buy and pay" field on the Online Store website after completing the Order Form - until then, it is possible to independently modify the entered data (in for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Customer must provide the following data regarding the Customer: name and surname, address (street, house/apartment number, postal code, city), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity Product/s, place and method of delivery of the Product/s, method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number. In the case of a Customer who is a natural person referred to in point 3.2 of the Regulations, it is also necessary to provide the PESEL number, ID card or other document confirming identity.
2.1.2.1. The Electronic Order Form Service is provided free of charge and is of a one-time nature and ends when the Order is placed via it or when the Service User stops placing the Order via it.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) current version of the web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling cookies and Javascript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The service recipient is obliged to enter data consistent with the actual situation. The Service Recipient is prohibited from providing illegal content.
2.4. Complaint procedure regarding Electronic Services:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations) The Service Recipient may submit, for example:
2.4.1.1. in writing to the following address: ul. Górna 1, Promna 26-803; 2.4.1.2. in electronic form via e-mail to the following address: sklep@altaj.com.pl .
2.4.2. It is recommended that the Service User provides in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) requests of the Service Recipient; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Service Provider. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
2.4.3. The Service Provider responds to the complaint immediately, no later than within 14 calendar days from the date of its submission.
- TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT
3.1. 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 Store in accordance with point. 2.1.2 of the Regulations.
3.2. Pursuant to Art. 31a section 1 point 3 of the Excise Duty Act, coal products for fuel purposes are exempt from paying excise duty if they are purchased by entities listed in this provision, including: household. The condition for exemption from the obligation to pay excise tax by natural persons making purchases for their households is to provide the PESEL number, ID card number or other document confirming the Customer's identity during the ordering process, which is then placed on the purchase document. If the above data is not provided, excise tax will be added to the total price of the Product. Entities listed in Art. 31a section 1 point 3 of the Excise Duty Act, in order to benefit from the exemption, confirm the fact of purchasing carbon products on the appropriate declaration attached by the Seller to the shipment of the Product. Otherwise, if the Customer refuses to issue the signed declaration, the Seller will be obliged to add the appropriate tax rate to the amount due from the Customer.
3.3. The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product that is the subject of the Order, as well as about delivery costs (including transport, delivery and postal service fees) and other costs, and if the amount of these fees cannot be determined - about the obligation to pay them. on the Online Store's website when placing an Order, including when the Customer expresses his will to be bound by the Sales Agreement.
3.4. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.4.1. The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer places an Order in the Online Store in accordance with point. 2.1.2 of the Regulations.
3.4.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution is made by the Seller sending the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's declarations about the receipt of the Order and its acceptance for execution as well as confirmation of the conclusion of the Sales Agreement. When the Customer receives the above e-mail, a Sales Agreement is concluded between the Customer and the Seller.
3.5. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by (1) making these Regulations available on the Online Store website and (2) sending the Customer the e-mail message referred to in point. 3.4.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
- METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods under the Sales Agreement: 4.1.1. Cash on delivery upon delivery.
4.1.2. Payment by transfer to the Seller's bank account.
4.1.3. Electronic payments and payment card payments via the Tpay.com website - possible current payment methods are specified on the Online Store website in the information tab regarding payment methods and on the website https://panel.tpay.com/
4.1.3.1. Settlement of transactions with electronic payments and payment cards is carried out in accordance with the Customer's choice via the tpay.com website. Electronic and payment card payments are handled by:
4.1.3.1.1. Tpay Krajowy Integrator Płatności SA based in Poznań, plac Andersa 3, 17th floor, 61-894 Poznań, e-mail: info@tpay.com, tel.: +48 61 66 82 778.
(KRS: 0000412357, NIP: 7773061579, REGON: 300878437)
4.2. Date of payment:
4.2.1. If the Customer chooses to pay by transfer, electronic payment or card payment, the Customer is obliged to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
4.2.2. If the Customer chooses to pay cash on delivery upon receipt of the shipment, the Customer is obliged to make the payment upon receipt of the shipment.
- COST, METHODS AND DATE OF PRODUCT DELIVERY
5.1. Delivery of the Product is available within the territory of the Republic of Poland.
5.2. Delivery of the Product to the Customer is subject to payment, unless the Sales Agreement provides otherwise. Product delivery costs (including transport, delivery and postal services fees) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
5.3. The Seller provides the Customer with the following methods of Product delivery:
5.3.1. Courier delivery, cash on delivery courier delivery.
5.3.2. Pallet shipment.
5.4. The delivery time of the Product to the Customer is up to 14 Business Days, unless a shorter time is specified in the description of a given Product or when placing the Order. In the case of Products with different delivery dates, the delivery date is the longest given date, which, however, cannot exceed 14 Business Days. The beginning of the delivery period of the Product to the Customer is counted as follows:
5.4.1. If the Customer chooses the payment method by transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account. 5.4.2. If the Customer chooses the cash on delivery method of payment - from the date of conclusion of the Sales Agreement.
- PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are specified in generally applicable provisions of law, in particular in the Civil Code (including Articles 556-576 of the Civil Code).
6.2. The Seller is obliged to provide the Customer with a Product without defects. 6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to the following address: ul. Górna 1,26-803 Promna;
6.3.2. in electronic form via e-mail to the following address: sklep@altaj.com.pl .
6.4. It is recommended that the Customer provide in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect; (2) request how to bring the Product into compliance with the Sales Agreement or a declaration of price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person filing the complaint - this will facilitate and speed up the consideration of the complaint by the Seller. The requirements set out in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer who is a consumer, exercising the rights under the warranty, requested the replacement of the item or removal of the defect or submitted a declaration of price reduction, specifying the amount by which the price is to be reduced, and the Seller does not respond to this request within 14 calendar days, it is considered that he considered this request justified.
6.6. The Customer who exercises warranty rights is obliged to deliver the defective Product to the following address: ul. Górna 1,26-803 Promna. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller. If, due to the type of the Product or the method of its installation, the delivery of the Product by the Customer who is a consumer would be excessively difficult, the Customer is obliged to make the Product available to the Seller in the place where the Product is located.
6.7. Pursuant to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
The complaint form can be found here: https://altaj.com.pl/wp-content/uploads/2023/12/altaj-reklamacja.pdf
All tests on certified pellets are performed in an accredited EPC laboratory.
- OUT-OF-JUDICIAL METHODS OF HANDLING COMPLAINTS AND BRINGING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of dealing with complaints and pursuing claims, as well as the rules of access to these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php .
7.2. There is also a contact point at the President of the Office of Competition and Consumer Protection (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warszawa), whose task is, among other things, including providing assistance to consumers in matters relating to out-of-court resolution of consumer disputes.
7.3. The consumer has the following exemplary options for using out-of-court methods of dealing with complaints and pursuing claims: (1) an application for resolution of the dispute to a permanent consumer arbitration court (more information at: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court resolution of the dispute to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Seller); and (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among others, by e-mail at advice@dlakonsumentow.pl and by calling the consumer hotline number 801 440 220 (the hotline is open on Business Days, from 8:00 a.m. to 6:00 p.m., call fee according to the operator's tariff).
7.4. A platform for the online system for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service provision contract (more information on the website of the platform itself or at the website of the Office of Competition and Consumer Protection : https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php ).
- RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving a reason and without incurring costs, except for the costs specified in point. 8.8 of the Regulations. To meet the deadline, it is enough to send the declaration before its expiry. A declaration of withdrawal from the contract may be submitted, for example: 8.1.1. in writing to the following address: ul. Górna 1, 26-803 Promna
8.1.2. in electronic form via e-mail to the following address: sklep@altaj.com.pl. 8.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is additionally available in point. 11 of the Regulations. The consumer may use the template form, but this is not obligatory.
8.3. The deadline for withdrawal from the contract begins:
8.3.1. for a contract under which the Seller releases the Product, being obliged to transfer its ownership (e.g. Sales Agreement) - from taking possession of the Product by the consumer or a third party indicated by him other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part, or (2) consist in regular delivery of Products for a specified period of time - from taking possession of the first Product; 8.3.2. for other contracts - from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.5. The Seller is obliged to immediately, no later than 14 calendar days from the date of receipt of the consumer's declaration of withdrawal from the contract, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest regular delivery method available in the Online Store). The seller refunds the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of return that does not involve any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back or until the consumer provides proof of sending it back, depending on which event occurs first.
8.6. The Consumer is obliged to immediately, no later than within 14 calendar days from the date on which he withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is enough to return the Product before its expiry. The consumer may return the product to the following address: ul. Górna 1,26-803 Promna.
8.7. The Consumer is liable for any reduction in the value of the Product resulting from using it in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
8.8. Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer has chosen a method of delivery of the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.8.2. The consumer bears the direct costs of returning the Product. In the case of Products that cannot be returned by regular mail (e.g. large shipments), the consumer may incur higher costs of returning them, in accordance with the following sample price list of one of the carriers: https://www.sendit.pl/cennik/cenniki -domestic/fedex .
8.8.3. In the case of a Product that is a service, the performance of which - at the express request of the consumer - began before the deadline for withdrawal from the contract, the consumer who exercises the right to withdraw from the contract after submitting such a request is obliged to pay for the services provided until the withdrawal from the contract. The payment amount is calculated in proportion to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The right to withdraw from a distance contract is not available to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the provision of services that after the Seller has provided the service, he will lose the right to withdraw from the contract; (2) 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 deadline for withdrawal from the contract; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to meet his individual needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed packaging, which cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, are inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Agreement, and whose delivery may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the consumer, or provides Products other than spare parts necessary for repair or maintenance, the consumer has the right to withdraw from the contract in relation to additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded by public auction; (12) for the provision of accommodation services other than for residential purposes, transportation of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the supply of digital content that is not recorded on a tangible medium, if the performance of the service began with the consumer's express consent before the deadline for withdrawal from the contract expires and after the Seller informs him about the loss of the right to withdraw from the contract.
8/10. The consumer provisions contained in this point 8 of the Regulations apply from January 1, 2021 and for contracts concluded from that date also to the Service Recipient or the Customer who is a natural person concluding a contract directly related to his/her business activity, when the content of this contract stipulates: that it does not have a professional character for this person, resulting in particular from the subject of the business activity carried out by him, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
- PROVISIONS APPLICABLE TO ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are addressed to and therefore bind only the Customer or Service Recipient who is not a consumer, and from January 1, 2021 and for contracts concluded from that date also on a natural person concluding a contract directly related to its business. economic, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.4. The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service User an appropriate statement.
9.5. The Service Provider/Seller's liability towards the Service Recipient/Customer, regardless of its legal basis, is limited - both as part of a single claim and for all claims in total - to the amount of the price paid and delivery costs under the Sales Agreement, but no more than up to the amount of one thousand zlotys. The amount limitation referred to in the previous sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in the event of failure to conclude a Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and is not liable for lost profits. The seller is also not responsible for delays in shipment.
9.6. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.
10. ILLEGAL CONTENT AND OTHER CONTENT IN COMPLIANCE WITH THE REGULATIONS
10.1 This section of the Regulations contains provisions arising from the Digital Services Act regarding the Online Store and the Service Provider. The Service Recipient is generally not obliged to provide content when using the Online Store, unless the Regulations require providing specific data (e.g. data for placing an Order). The Service User may be able to add an opinion or comment in the Online Store using the tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, he is obliged to comply with the rules contained in the Regulations.
10.2 CONTACT POINT – The Service Provider designates the e-mail address sklep@alta.com.pl as a single contact point. The contact point enables direct communication of the Service Provider with the authorities of the Member States, the European Commission and the Digital Services Council and at the same time enables service recipients (including Service Recipients) direct, fast and friendly communication with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English for the purposes of communication with its contact point
10.3 Procedure for reporting Illegal Content and activities in accordance with Art. 16 Digital Services Act:
10.3.1. Any person or entity may report to the Service Provider the presence of specific information that a given person or entity considers to be Illegal Content to the e-mail address sklep@nazwasklepu.pl.
10.3.2. The notification should be sufficiently precise and properly justified. For this purpose, the Service Provider enables and facilitates submission of reports containing all of the following elements to the e-mail address provided above: (1) a sufficiently substantiated explanation of the reasons why a given person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the precise electronic location of the information, such as the exact URL(s), and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service; (3) name and surname or name and e-mail address of the person or entity making the report, with the exception of reports regarding information considered to be related to one of the crimes referred to in Art. 3-7 of Directive 2011/93/EU; and (4) a statement that the reporting person or entity has a good faith belief that the information and allegations contained herein are accurate and complete.
10.3.3. The notification referred to above is deemed to constitute the basis for obtaining actual knowledge or information for the purposes of Art. 6 of the Digital Services Act in relation to the information it concerns, if it enables the Service Provider acting with due diligence to determine - without a detailed legal analysis - the illegal nature of a given activity or information.
10.3.4. If the report contains electronic contact details of the person or entity that submitted the report, the Service Provider shall, without undue delay, send such person or entity confirmation of receipt of the report. The service provider shall also notify such person or entity without undue delay of its decision with respect to the information covered by the report, providing information on the possibility of appealing against the decision.
10.3.5. The Service Provider considers all reports it receives under the mechanism referred to above and makes decisions with respect to the information referred to in the reports in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purposes of such consideration or decision-making, it includes information on this subject in the notification referred to in the previous point.
10.4. Information on the restrictions that the Service Provider imposes in connection with the use of the Online Store, in relation to information provided by Service Users:
10.4.1. The Service Recipient is bound by the following rules when providing any content as part of the Online Store:
10.4.1.1. obligation to use the Online Store, including posting content (e.g. as part of opinions or comments), in accordance with its intended purpose, these Regulations and in a manner consistent with the law and good practices, taking into account the respect for personal rights and copyrights and intellectual property Service providers and third parties;
10.4.1.2. the obligation to enter content consistent with the facts and in a non-misleading manner;
10.4.1.3. prohibition on providing illegal content, including the prohibition on providing Illegal Content;
10.4.1.4. prohibition on sending unsolicited commercial information (spam) via the Online Store;
10.4.1.5. prohibition on providing content that violates generally accepted rules of netiquette, including content containing vulgar or offensive content;
10.4.1.6. the obligation to have - if necessary - all required rights and permissions to provide such content on the Online Store's websites, in particular copyrights or required licenses, permissions and consents for their use, dissemination, sharing or publication, especially the right to publish and dissemination in the Online Store and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties.
10.4.1.7. the obligation to use the Online Store in a manner that does not pose a threat to the security of the IT system of the Service Provider, the Online Store or third parties.
10.4.2. The Service Provider reserves the right to moderate the content provided by Service Users to the Online Store website. Moderation is carried out in good faith and with due care and on the Service Provider's own initiative or upon a received report in order to detect, identify and remove Illegal Content or other content inconsistent with the Regulations or to prevent access to them or to take the necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements set out in the Digital Services Act or the requirements contained in the Regulations.
10.4.3. The moderation process may be performed manually by a human or based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content inconsistent with the Regulations. After identifying such content, the Service Provider decides whether to remove or prevent access to the content or otherwise limits its visibility or takes other actions it considers necessary (e.g. contacting the Service User to clarify reservations and change the content). The Service Provider will, in a clear and easily understandable way, inform the Service User who provided the content (if we have his contact details) about his decision, the reasons for making it and the available options for appealing against this decision.
10.4.4. When implementing its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard to the rights and legally justified interests of all parties involved, including service recipients, in particular taking into account the rights set out in the Charter of Rights. fundamental rights of the European Union, such as freedom of expression, media freedom and pluralism and other fundamental rights and freedoms.
10.5. Any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of actions taken by the Service Provider based on the notification received or the Service Provider's decision made in accordance with the provisions of these Regulations may be reported in a manner analogous to the complaint procedure indicated in point 6 of the Regulations. Using this procedure is free of charge and allows you to submit complaints electronically to the provided e-mail address. The use of the complaint procedure is without prejudice to the right of the person or entity concerned to bring proceedings before a court or other rights.
10.6. The Service Provider will consider any comments, complaints, claims, appeals or reservations regarding decisions or other actions or lack of actions taken by the Service Provider on the basis of the notification received or the decision made in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information referred to in the complaint is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant's action was not justifies the measure taken, the Service Provider shall without undue delay repeal or change its decision to remove or prevent access to the content or otherwise limit its visibility or take other actions it deems necessary.
10.7. Service Recipients, persons or entities who have reported Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Regulations are addressed, have the right to choose any extrajudicial dispute resolution body certified by the digital services coordinator of a Member State in order to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Service Provider's internal complaint handling system.
11. FINAL PROVISIONS
11.1. Contracts concluded via the Online Store are concluded in Polish. 10.2. Changes to the Regulations:
11.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, i.e.: changes in legal provisions; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
11.2.2. In the event of concluding continuous contracts on the basis of these Regulations (e.g. provision of Electronic Services - Account), the amended Regulations are binding on the Service Recipient if the requirements specified in Art. 384 and 384[1] of the Civil Code, i.e. the Service Recipient was properly notified about the changes and did not terminate the contract within 15 calendar days from the date of notification. If a change to the Regulations results in the introduction of any new fees or an increase in current fees, the Service User has the right to withdraw from the contract.
11.2.3. In the event of concluding contracts of a different nature than continuous contracts on the basis of these Regulations (e.g. Sales Agreement), the amendments to the Regulations will not in any way violate the rights acquired by the Service Recipients/Customers before the date of entry into force of the amendments to the Regulations, in particular the amendments to the Regulations will not affect Orders already placed or submitted and Sales Agreements concluded, implemented or completed.
11.3. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; Act on the provision of electronic services of July 18, 2002 (Journal of Laws 2002, No. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.
11. 4. SAMPLE WITHDRAWAL FORM (ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)
Sample withdrawal form (this form should be completed and returned only if you wish to withdraw from the contract)
Addressee:
ALTAI MACIEJ WILIŃSKI
- Wojciecha Kossak 16,
22-100 Chełm
altaj.com.pl sklep@altaj.com.pl
– I/We(*) hereby inform(*) about my/our withdrawal from the contract for the sale of the following items(*) contract for the delivery of the following items(*) contract for specific work consisting in the performance of the following items(*)/for the provision of the following service (*)
– Date of conclusion of the contract(*)/acceptance(*)
– Name and surname of the consumer(s).
– Address of the consumer(s)
– Signature of the consumer(s) (only if the form is sent on paper)
Date (*) Delete as appropriate.