The Perlit24 online store is run by Paweł Jarzyński running a business under the name of Jawar Sp. Z o. O. With headquarters in Ciechanów (06-400 Ciechanów) at ul. Sońka 89; NIP 5661833509, REGON 130920790, entered into the Central Register and Information on Economic Activity (hereinafter referred to as the Store).
Store contact details: a) e-mail: perlit24@jawar.com.pl b) tel.: +48 509 972 669
§ 1 DEFINITIONS
The following terms used in The Regulations shall have the following meaning: a) Working days – days that are not Saturdays or public holidays in within the meaning of the Act of January 18, 1951 on public holidays (Journal of Laws of 2015, item 90), b) Product card – a dedicated tab on the Store’s website a specific product in the Store’s assortment and containing the exact specification of the product and the unit price (the price indicated in the Card The product does not include delivery costs, which will be defined after selecting by the Customer the method of delivery, method of payment and place of delivery), c) Client – a natural person with full or limited capacity to act legal entity, legal person, organizational unit without legal personality, but with legal capacity, making purchases in Shop, d) Consumer – a customer who is a natural person making a purchase in the Store not directly related to his business or professional activity (pursuant to art. 221 of the Act of 23 April 1964 Civil Code - Journal Of Laws of 2016, item 380 – hereinafter referred to as the Civil Code), e) Cart – functionality of the Store’s website with the help of which the Customer purchases products in the Store, enabling preview and modification placed order, in particular in terms of the quantity ordered products, f) My Account – created by the Customer using the registration form account in the Store.
§ 2 GENERAL PROVISIONS
1. The Regulations define the rules of use Store, placing orders by customers for products located in the Store’s assortment, delivery of ordered products, payment by Customers, the sale prices of products and delivery costs, withdrawal from the contract sale by Consumers and filing complaints by Clients and theirs consideration by the Store. 2. To use all functionalities of the Store, including browsing product range and placing orders for necessary products is: a) end device (in particular laptop, notebook, tablet, PC) with access to the Internet and an installed web browser such as Google Chrome, Mozilla Firefox, Opera Safari, Internet Explorer. b) an active e-mail account. 3. Before placing an order or setting up My Account, the customer is obligated is to read the content of the Regulations. 4. The Store is obliged to deliver the ordered products to the Customers free from defects.
§ 3 CREATING, COMPLETING AND DELETING MY ACCOUNT
1. In order to create My Account, the Client fills in the registration form, providing the name and surname, active e-mail address and the password for the created My Account, consisting of at least 5 characters, a also accepts the Regulations and agrees to the processing of the information provided in the form registration, at the stage of setting up and supplementing My Account, data personal data to the extent necessary to set up and further use Moje Accounts and execution of orders and to establish and shape the content, changes or termination of legal relations that may arise between the Store and The customer in connection with the execution of orders placed by the customer (pursuant to the content of Art. 18 sec. 1 of the Act of 18 July 2002 on the provision of road services electronic – Journal Of Laws of 2013, item 1422 – hereinafter referred to as AD). 2. Expressing consent to the processing of personal data in the scope indicated in § 3 paragraph 1 of the Regulations is voluntary, but the lack of consent makes it impossible to put on mine Accounts. 3. The creation of My Account by the Customer is free of charge. 4. After creating My Account, logging into My Account is done using data provided by the Customer in the registration form. 5. The customer is obliged to keep confidential the data used by him logging into My Account. 6. After creating My Account, the Customer may complete his personal data provided when creating an Account by completing the registration form with a telephone number landline and mobile, address, invoice data, if in connection with the execution of orders, the customer will demand invoices, date birth and gender. 7. In order to delete My Account, please send an e-mail from the address e-mail indicated in the registration form by the Customer to the address e-mail perlit24@jawar.com.pl z a request to delete My Account or use the appropriate functionality in My Account panel.
§ 4 PRODUCT INFORMATION
1. Information about products found in the Store’s assortment placed on the Store’s website constitute invitation to conclude a sales contract within the meaning of art. 71 of the Code civil. 2. The products in the Store’s assortment are new. 3. Product prices indicated on the Store’s website: a) include VAT b) are expressed in Polish zlotys c) do not include product delivery costs (delivery costs depend on the method of delivery of the product, the method of payment of the selling price and costs delivery by the Customer and whether the place of delivery is on the territory Polish Republic). 4. The store reserves the right to change the prices of products and delivery costs indicated on the Store’s website. The right indicated in the sentence the previous one does not affect the total cost of processing orders placed before the effective date of the change in price or delivery costs. 5. The store is entitled to determine the maximum number of pieces of a given product, which may be covered by one order.
§ 5 PLACING ORDERS
1. The customer can place orders in Shop all week 24 (twenty four) hours a day in charge via the website https://perlit24.pl/. Placing an order by the Customer is tantamount to placing an order with the Store an offer to conclude a sales contract for the ordered product. 2. In order to place an order, the Customer should: a) select a product from the Store’s assortment by clicking on it, b) after opening the Card of a given product, select the size of the ordered product and add the product to the Cart, c) log in to My Account or use the option of placing an order without creating My Account, d) indicate the details of the recipient of the order and the address to which it is to be delivered product, as well as an active e-mail address and a contact phone number in the case receiving the order, e) indicate the data for the VAT invoice if they are different from the data to be collected orders listed in accordance with § 5 para. 2 lit. d) of the Regulations and if the Customer has be issued a VAT invoice, f) choose the method of delivery and payment method (after selecting the method of delivery and payment methods in the Cart, information about the delivery costs and the total price will be displayed the ordered product and the cost of delivery), g) click the “I am ordering with an obligation to pay” button. 3. After placing the order, to the e-mail address provided by the Customer at creating My Account or placing an order without creating My Account Accounts will be sent an email confirming receipt by the Store orders. If the order can be processed, to the address e-mail indicated by the Customer when creating My Account or when submitting orders without creating My Account, a message will be sent electronic with confirmation of order acceptance. Sending by the Store of an electronic message with confirmation of order acceptance to implementation is tantamount to acceptance by the Store of the offer indicated in § 5 paragraph 1 of the Regulations and concluding a sales contract with the Customer. 4. If the product ordered by the Customer is unavailable or the Store will not be may have fulfilled the order for another reason to the e-mail address provided by Customer when creating My Account or when placing an order without setting up My Account, an e-mail will be sent with information about the inability to complete the order.
§ 6 CHANGE OF ORDER
1. After concluding a sales contract with the customer, The customer may change the order placed until the ordered ones are prepared products for personal collection by the customer or for shipment. 2. Changing the order requires contacting the Store by e-mail or by telephone. 3. Changing the order may concern the quantity or size of the ordered products and the data specified in § 5 sec. 2 lit. d) and e).
§ 7 DELIVERY AND PAYMENT
1. By placing an order and choosing a method delivery according to the content of § 5 sec. 2 lit. f) of the Regulations, the Customer may choose in Shopping cart one of the following options: a) Courier (costs specified at https://perlit24.pl/wysylka-dostawa/) b) pickup in person at Zakład Produkcji Perlitu, ul. Zygmuntowo 1c, 06-450 Glinojeck (delivery cost PLN 0). 2. By placing an order and selecting the method of payment according to the content of § 5 sec. 2 lit. f) of the Regulations, the Customer may choose one of the following in the Cart the following options: a) transfer to the Store’s bank account, b) transfer to the Store’s bank account via the payment system via Przelewy24, payments made via Przelewy24 are provided by Polski Integrator Płatności S.A. in accordance with the regulations available at https://www.przelewy24.pl/, c) payment on delivery. 3. Delivery costs indicated in § 7 sec. 1 and 3 of the Regulations apply to deliveries from place of delivery on the territory of the Republic of Poland.
§ 8 DEADLINE FOR PAYMENT AND ORDER FULFILLMENT
1. The customer is obliged to pay the sale price ordered products and delivery costs: a) in the case of payment on delivery – upon receipt of the order after it has been delivered by the PEKAES courier company, the DHL courier company or upon receipt at the stationary store, Perlitu Production Plant, ul. Zygmuntowo 1c, 06-450 Glinojeck. b) in the case of choosing any of the payment methods specified in § 7 paragraph 2 lit. a) – c) of the Regulations – immediately upon receipt from the Store an e-mail confirming the acceptance of the order by implementation. 2. The order fulfillment time is 2-3 Business Days for shipment DHL and PEKAES courier services. 3. The terms of the order fulfillment specified in § 8 sec. 2 of the Regulations begin run upon sending the confirmation e-mail by the Store acceptance of the order for execution (in the case of payment on delivery) or from the moment the Customer pays the sale price of the ordered products and delivery costs (in the case of any of the payments specified in § 7 section 2 lit. a) – c) of the Regulations or delivery with a place of delivery outside the territory Polish Republic). 4. Together with the product, the Customer will be provided with a written proof of the conclusion of the contract sale with the Store. 5. If, after 5 calendar days, the Customer fails to pay for the ordered products The Store will send an e-mail to the e-mail address indicated by the Customer when creating My Account or when submitting orders without creating My Account and asking if the customer is still there interested in your order. If, within 3 days of sending the message, the Customer will not make the payment for the order, the Store will consider it canceled.
§ 9 COMPLAINTS
1. The store is liable for defects physical and legal products sold to the Customer on the terms set out in Civil Code. 2. In order to submit a complaint, the Customer should deliver the advertised product to the address of the Store (Perlite Production Plant, ul. Zygmuntowo 1c, 06-450 Glinojeck) along with the proof of purchase of the product and the complaint form containing a description of the defect. The customer receives a template of the form by e-mail at the time of placing the order on the Store’s website. 3. The store considers the complaint immediately, no later than within 14 days, from the date of filing the complaint. 4. If the complaint is accepted, the Store will replace it immediately the product free from defects or the defect will be removed and delivered to the customer on his own cost. This does not limit the Customer’s ability to exercise his rights indicated in art. 560 of the Civil Code. 5. In the event of the Customer withdrawing from the sales contract due to a defect the product, the Store will return the customer immediately, no later than within 14 days from the date of receipt of the Customer’s declaration of withdrawal from the contract, all payments made by him, including delivery costs. The store makes a return using the same method of payment as used by the Customer.
§ 10 WITHDRAWAL FROM THE PURCHASE AGREEMENT
1. A consumer who has concluded a sales contract with the Store is entitled to withdraw from the contract without providing any reasons, within 14 days from the date on which the Consumer came into possession the ordered product or in which a third party indicated by the Consumer, other than the carrier came into possession of the ordered product. 2. When ordered by the Customer after prior arrangements the products will be delivered separately or in batches, the 14-day period described in § 10 paragraph 1 of the Regulations runs from the date on which the Consumer came into possession the last product ordered or the last batch ordered, or in which a third party indicated by the Consumer, other than the carrier, entered into having the last product ordered or the last batch ordered products. 3. To meet the deadline specified in § 10 sec. 1 and 2 of the Regulations, it is enough that before its expiry, the Consumer will send information about the execution to the Store the right to withdraw from the contract. 4. Withdrawal from the contract takes place by means of an unequivocal statement submitted to the Store by the Consumer, in particular by post. When submitting a declaration of withdrawal from the contract, the consumer may use a model withdrawal form, but it is not obligatory. Standard form withdrawal can be found on the Store’s website. 5. In the event of withdrawal from the contract, the Store will return all of them to the Consumer payments received from the consumer, including delivery costs of the ordered product (ex excluding additional costs resulting from the chosen by the Consumer a method of delivering the product other than the cheapest, regular delivery method offered by the Store), immediately, and in any case no later than 14 days from the date on which the Store was informed about the Consumer’s decision about exercising the right to withdraw from the contract. The store returns with the use of the same method of payment as used by the Customer when making the payment. The consumer does not bear any fees related to the return. 6. The Store may withhold the return to the Consumer received from the Consumer payment until the product ordered by the Consumer is returned or until providing a proof of returning the ordered product, depending on which the event will come first. 7. In the event of withdrawal from the contract, the Consumer is obliged to send back or hand over the ordered product to the Store, immediately, or in any case not later than 14 days from the date on which the Store was informed about the decision Consumer on exercising the right to withdraw from the contract. The term indicated in the sentence the previous one is retained if the Consumer sends back the ordered one before its expiry product (Store address: Perlit24, ul. Zygmuntowo 1c, 06-450 Glinojeck). 8. In the event of withdrawal from the contract, the Consumer bears direct return costs the ordered product. 9. The consumer is only liable in the event of withdrawal from the contract for a decrease in the value of the ordered product resulting from its use other than necessary to establish the nature, characteristics and product functioning.
§ 11 EXCHANGE
1. A consumer who has concluded a sales contract with the Store is entitled to exchange the goods within 14 days from the date on which the consumer came into possession of the ordered product or in which the person the third, indicated by the Consumer, other than the carrier, came into possession the ordered product. Exchange eligibility is separate from eligibility to withdraw from § 10 of the Regulations. 2. When ordered by the Customer after prior arrangements the products will be delivered separately or in batches, the 14-day period described in § 11 paragraph 1 of the Regulations runs from the date on which the Consumer came into possession the last product ordered or the last batch ordered, or in which a third party indicated by the Consumer, other than the carrier, entered into having the last product ordered or the last batch ordered products. 3. To meet the deadline specified in § 11 sec. 1 and 2 of the Regulations, it is enough that before its expiry, the Consumer will send information about the execution to the Store your right to exchange. 4. In order to make an exchange, the Consumer is obliged to submit a new one orders in accordance with § 5 para. 2 lit. a) – e). When ordering as method of delivery and method of payment, select the option “Exchange” and then click the “I am ordering with an obligation to pay” button. Then click the button: “Confirm”. 5. After placing the order, to the e-mail address provided by the Customer at creating My Account or placing an order without creating My Account Accounts will be sent an email confirming receipt order by the Store and accept it for execution. Dispatch by the Store an e-mail confirming the acceptance of the order for execution is tantamount to acceptance by the Store of the offer indicated in § 5 sec. 1 Of the Regulations and the conclusion of a sales contract with the customer. Additionally, the customer will receive replacement information message. 6. In the event of an exchange, the Consumer is obliged to send back or hand over it previously ordered product to the Store, immediately, and in any case not later than 14 days from the date on which the Store was informed about the decision Consumer exchange. The deadline specified in the preceding sentence is kept, if the Consumer sends back the ordered product before its expiry (address Store: Perlite Production Plant ul. Zygmuntowo 1c, 06-450 Glinojeck). 7. After completing the step from § 11 subpara. 5, the previous contract expires and is replaced by a new contract. The paid-in funds for the returned products from the previous contract are credited to a new purchase contract. Where the price of a new order is less than the total amount of the returned products, then the difference will be different reimbursed immediately, and in any case not later than 14 days from the date, in which the Store has been informed about the Consumer’s decision to replace. In if the price of a new order is greater than the total amount returned products, then the customer is obliged to pay the difference on the basis of specified in § 11 sec. 10 item 2). 8. A completed form should be attached to the shipment with the products exchanged exchange. 9. In the event of an exchange, the Consumer bears direct costs of returning the ordered goods the product. 10. Shipment of a new order and possible settlement will take place upon receipt return shipments. 1) If the value of the new order is less than the amount returned products, please provide the account number to which on the exchange form the difference will be refunded. 2) If the value of the new order is greater than the total amount returned of products, the difference must be settled. The difference must be paid to account: Account owner: Zakład Produkcji Perlitu JAWAR sp.z o.o. Address: ul. Zygmuntowo 1c, 06-450 Glinojeck Account number: 88 2030 0045 1110 0000 0164 0440 In the title of the transfer, please provide the reference number of the new order with a note “EXCHANGE” (eg IVXNWHDIN – EXCHANGE). 11. Shipment with the above-mentioned products will be sent at the expense of the Store.
§ 12 DISPUTE RESOLUTION
1. The store informs that in the event of a dispute arises regarding the product sale agreement concluded by the Consumer with the Store, the Consumer has the option of using out-of-court methods considering complaints and pursuing claims, in particular: a) The consumer may apply to the provincial inspector of the Trade Inspection z a request for mediation in order to settle the dispute amicably between the Consumer and the Store, b) The consumer may apply to a permanent amicable consumer court for the purpose settlement of a dispute arising between the Store and the Consumer, c) The consumer may use assistance of the competent poviat (municipal) consumer ombudsman, d) information useful for resolving disputes arising with the Consumer Store can be obtained on the website of the Office of Competition and Consumer Protection (UOKiK) and on the free Consumer Helpline at 801 440 220, e) The consumer is entitled to a dispute resolution option with the Store via the EU electronic platform (ODR).
§ 13 PERSONAL DATA
1. Customers when ordering in The store voluntarily consent to the processing of personal data specified in § 3 sec. 1 and 6 of the Regulations and in § 5 sec. 2 of the Regulations in the scope necessary to execute orders and to establish and shape the content, changes or termination of legal relations arising between the Store and the Customer in connection with the implementation of orders placed by the customer (according to the content art. 18 sec. 1 u.c.). Processing of Customers’ personal data by the Store is necessary to perform sales contracts concluded with customers (respectively to art. 6 sec. 1 lit. b of the Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons in relation to with the processing of personal data and on the free movement of such data data and repealing Directive 95/46 / EC – hereinafter referred to as GDPR). 2. The customer declares that the personal data specified in § 3 sec. 1 and 6 of the Regulations and in § 5 sec. 2 of the Regulations, provided to the Store, constitute his personal data. 3. Personal data provided by customers when setting up and completing My Account or placing an order without creating My Account will processed by the Store in order to provide services to customers by road electronic, concluding sales contracts with customers and their performance, and in in the case of consent (pursuant to Article 6 (1) (a) of the GDPR) specified in § 14 clause 1 of the Regulations also for marketing purposes. 4. Customers’ personal data provided to the Store are stored in a database Store and are protected. The store may entrust data processing personal data pursuant to art. 28 GDPR, in particular to entities providing for for the Store, hosting, courier services, and in the event of consent specified in § 14 section 1 of the Regulations also to service providers marketing. 5. Customers have the right to access their personal data, rectify it, deletion or restriction of processing. Customers have the right to bring object to further processing, and in the event of consent to data processing until its withdrawal. Exercising the right to withdraw consent no has an impact on the processing that took place until the consent was withdrawn. Customers have the right to data portability. Customers have the right lodge a complaint with the supervisory authority. 6. The store, at the request of the customer, is obliged to inform the customer about their rights his rights in the field of personal data processed by the Store The customer. 7. The administrator of the personal data referred to in this section is the Store.
§ 14 MARKETING AND COMMERCIAL INFORMATION
1. Customers placing an order without creating My Account or by creating My Account, they may consent to processing by the Store of personal data specified in § 3 para. 1 and 6 Of the Regulations and in § 5 sec. 2 of the Regulations for marketing purposes. 2. Clients placing an order without creating My Account or creating My Account The account may consent, in accordance with the content of art. 10 sec. 2 u.c., on receiving commercial information from the Store by text message or to the address e-mail (indicated when placing an order without creating My Account or with setting up My Account) and for use by the Telecommunications Store terminal equipment and automatic calling systems for marketing purposes direct (pursuant to Article 172 (1) of the Act of July 16, 2004 r.- Journal Of Laws of 2014, item 243). 3. Expressing the consents specified in § 14 sec. 1 and 2 is voluntary and is not necessary to place orders in the Store. 4. The customer may at any time withdraw the consent referred to in § 14 sec. 1 and 2 Of the Regulations informing the Store about it.
§ 15 FINAL PROVISIONS
1. In matters not regulated in The regulations will apply to the provisions of the Civil Code and the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827).
2. The store is authorized to enter changes to the Regulations with effect for the future. All orders accepted by the Store for implementation before the date of entry into force of the new Regulations are implemented on the basis of the Regulations in force on the date of submission orders by the customer.
3. The Regulations are valid from 02/06/2020 r.