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Shop terms and conditions

These terms and conditions apply from 16 April 2024. The Cenowyraj online shop is run by Z.P.H.U MAKPOL Łukasz Kierat.

I. General provisions, contact with the Seller

These terms and conditions (the „Terms and Conditions") set out the rules and conditions for using the Cenowyraj online shop, operating at https://cenowyraj.pl.

The owner of the Shop is Łukasz Kierat, an entrepreneur running a business under the name Z.P.H.U MAKPOL Łukasz Kierat, with its registered office at ul. Kościelna 23, 42-142 Ługi-Radły, entered in CEIDG (Central Register and Information on Economic Activity), NIP (tax ID): 5741980454 (hereinafter the „Seller").

Seller's contact details: contact address 42-142 Ługi-Radły, ul. Kościelna 23; e-mail [email protected]; telephone 509 422 917, 660 565 821 (telephone service hours are given on the Contact page).

II. Technical requirements

To use the Shop, you need a computer or other device with a web browser, Internet access and an active e-mail address.

III. Personal data

The controller of the personal data of the Shop's customers is the Seller.

All information on the processing of the personal data of customers and other persons using the Shop's website can be found in the Privacy Policy.

IV. Conclusion of the sales contract, customer account

The Shop enables the purchase of goods (the „Goods") displayed on the Shop's website in two ways: without registration and by creating an account in the Shop.

In both cases, to place an order, you must select the Goods, add them to the „Basket" and continue the ordering procedure by choosing the delivery and payment method.

Product information in the Shop, i.e. descriptions and prices, constitutes an invitation to conclude a sales contract within the meaning of Article 71 of the Kodeks cywilny (Polish Civil Code), in accordance with the Terms and Conditions.

A condition for placing an order is completing all the required data in the form necessary to perform the contract and, optionally (at the customer's request), the data needed to generate a VAT invoice.

Account registration is a one-off process — the e-mail address and chosen password are the basis for subsequent logging in. The Shop also allows logging in via social media and/or a Google account. After logging in, the customer has access to their order history and does not need to fill in the form with personal data again for subsequent orders.

The customer may close their account at any time free of charge by sending a cancellation request to [email protected].

Confirming the order with the „Buy and pay" button constitutes submitting to the Seller an offer to purchase the Goods in accordance with the options selected in the order and acceptance of the obligation to pay the price of the Goods and the delivery costs.

The sales contract (the „Contract") is concluded when the order is accepted for fulfilment, of which the Seller informs the customer by an e-mail confirming acceptance of the order.

If the order cannot be fulfilled (in whole or in part), the Seller will inform the customer — in that case the Contract is not concluded. At the same time, the Seller will inform the customer of alternative ways of fulfilment, e.g. partial fulfilment or waiting for stock to be replenished. If the order was paid in advance, the Seller will refund the payments made without delay.

The Seller provides the customer with confirmation of the conclusion of the Contract on a durable medium no later than at the time the Goods are delivered.

The Shop is not liable for non-delivery of the order or delays in delivery resulting from the customer providing an incomplete or incorrect delivery address or failing to provide other data necessary to fulfil the order.

The Seller reserves the right to suspend fulfilment of an order if the customer has provided false data or the data raises reasonable doubts as to its correctness. In such a case, the Seller will attempt to contact the customer for verification.

V. Prices and payment methods

Prices of the Goods are given in Polish zloty (PLN) as gross amounts, i.e. including VAT.

The cost of delivering the Goods is shown separately in the basket, depending on the delivery method selected.

The available payment methods are described on the „Payment methods" page and presented to the customer at the checkout stage.

The Shop offers: instant bank transfer / BLIK / virtual wallet payment, card payment (Visa, Visa Electron, MasterCard, MasterCard Electronic), Google Pay and Apple Pay, and cash on delivery.

Online payments by fast transfer and payment card are handled by Autopay S.A.

VI. Delivery of goods

The Goods are delivered according to the customer's choice: Poczta Polska Kurier, InPost Paczkomaty 24/7 (parcel lockers), InPost Kurier, DPD Kurier, DHL Kurier, Orlen Paczka or personal collection at the company's registered office.

With the exception of Goods collected in person, the order is deemed fulfilled when the shipment is dispatched to the customer (handed over to the carrier). The exact delivery date is determined by the carrier.

Goods are dispatched within 7 working days, unless a different time is expressly stated in the product description. Detailed fulfilment times are given on the Shop's website or in an individual message to the customer.

The Seller normally handles orders within the Republic of Poland at the costs specified on the „Delivery times and costs" page. Shipping abroad is possible at the costs specified on the Shop's website or agreed individually.

VII. Withdrawal from the contract

A customer who is a consumer or an entrepreneur referred to in Article 7aa of the ustawa o prawach konsumenta (Polish Consumer Rights Act) (a „Privileged Entrepreneur") has the statutory right to withdraw from the contract for the sale of Goods within 14 days of receiving them, without giving any reason, subject to the exceptions set out below.

To meet the deadline, it is sufficient to send a statement electronically to [email protected] or in writing to 42-142 Ługi-Radły, ul. Kościelna 23.

The statement may be submitted using the template provided, although use of the template is not mandatory. The Seller will promptly send confirmation of receipt of the statement by e-mail.

Then, within a further 14 days, the customer should send the returned Goods at their own expense to 42-142 Ługi-Radły, ul. Kościelna 23.

The Seller will refund the price of the Goods and the cost of the original shipment, based on the cheapest standard delivery method offered in the Shop, without delay and no later than 14 days after receiving the statement.

The Seller may withhold the refund until the Goods have been received back or proof of their return has been provided.

The refund will be made using the same payment methods as were used in the original transaction, unless the customer has expressly agreed to a different solution.

The customer is liable for any diminished value of the returned Goods if, before submitting the statement, they used them in a way other than necessary to establish the nature, characteristics and functioning of the item.

VIII. Exceptions to the right of withdrawal

The right of withdrawal does not apply to non-prefabricated Goods made to the consumer's specifications or serving to meet their individual needs, or to Goods that deteriorate quickly or have a short shelf life.

It also does not apply to Goods delivered in sealed packaging if the packaging has been opened and the goods cannot be returned after opening for health protection or hygiene reasons.

Further exceptions: audio or video recordings or computer software delivered on a physical medium in sealed packaging, if the packaging has been opened after delivery; Goods which, after delivery, become inseparably mixed with other goods; newspapers, periodicals and magazines (except subscriptions).

Exceptions also include Goods whose price depends on fluctuations in the financial market over which the Seller has no control, and alcoholic beverages whose price was agreed when the contract was concluded and which may be delivered after 30 days.

IX. Complaints

The Seller is obliged to deliver Goods to the customer that comply with the Contract.

With respect to consumers and Privileged Entrepreneurs, the Seller is liable for the conformity of the Goods in accordance with the provisions of the Consumer Rights Act. With respect to other customers, it is liable under the rules of the Civil Code.

Complaints may be submitted electronically to [email protected] or in writing to 42-142 Ługi-Radły, ul. Kościelna 23.

The Seller will deal with the complaint in the same form in which it was submitted, within 14 days of receiving it.

If dissatisfied with the way the complaint has been handled, a consumer and a Privileged Entrepreneur may use out-of-court complaint resolution methods: an application to the provincial inspector of the Inspekcja Handlowa (Trade Inspection) for mediation proceedings, assistance from a district (municipal) consumer ombudsman or a social organisation, the ODR platform, or a permanent consumer arbitration court.

Further information on out-of-court complaint resolution methods is available on the website of UOKiK (Office of Competition and Consumer Protection): polubowne.uokik.gov.pl.

X. Product types and guarantee

We sell only brand-new products.

If products come with a guarantee, it is solely the manufacturer's guarantee. The Shop does not provide its own guarantee for the products sold.

XI. Conformity of Goods with the contract and statutory warranty

The Seller is liable for any lack of conformity of the Product with the contract existing at the time of delivery and becoming apparent within two years of delivery, unless the Product's shelf life is longer.

In the case of a contract with a Consumer or an Entrepreneur with consumer rights, any lack of conformity that becomes apparent within two years of delivery is presumed to have existed at the time of delivery, unless proven otherwise or this is incompatible with the nature of the Product.

The complaint should include the Customer's details, a description of the non-conformity and the Customer's request. The Seller deals with it within 14 days of receipt and notifies the Customer of its decision electronically or in writing.

The Seller is liable under the statutory warranty for physical and legal defects of the item sold for a period of 2 years from the date of delivery of the goods.

If a physical defect is found, the Customer may request replacement of the item with one free from defects, removal of the defect, a price reduction or withdrawal from the contract if the defect is material. Defective goods are delivered to the Seller's address at the Seller's expense.

XII. Reviews in the online shop

The Customer may, voluntarily and free of charge, leave a review of their purchases. A review may also consist of a rating, photo or written review of the purchased product.

The sending of surveys and the review collection process are handled entirely by TrustMate SA, ul. Bartoszowicka 3, 51-641 Wrocław. TrustMate sends an e-mail asking for a review with a link to an online form; if no review is left, the invitation may be repeated.

A review may only be left by a Customer who has made purchases in the Shop, and only for products actually purchased. Reviews are published in the Shop and on the TrustMate.io business profile.

Leaving a review may not be used for unlawful activities, in particular acts of unfair competition or activities infringing personal rights or intellectual property rights. The Seller and its employees may not be the authors of reviews.

A review may be deleted by its author at any time.

XIII. Account Terms and Conditions

The Account Terms and Conditions set out the rules for using a customer account in the Shop and constitute the terms of an electronic service within the meaning of the ustawa o świadczeniu usług drogą elektroniczną (Polish Act on Providing Services by Electronic Means). The Account service is free of charge and supplements the Shop Terms and Conditions.

By using the Account, the customer can save and store their personal data (including the delivery address), view their order history and order fulfilment status.

Creating an Account is equivalent to concluding a contract for the provision of an electronic service for an indefinite period. The customer may cancel the Account at any time without giving a reason by contacting [email protected], and has the statutory right to withdraw from this contract within 14 days of its conclusion.

Complaints concerning the Account service are submitted in accordance with the complaints procedure set out in the Shop Terms and Conditions, with the option of using out-of-court complaint resolution methods.

The Seller may amend the Account Terms and Conditions on the terms set out in the final provisions. If the customer does not accept the new wording, they may terminate the Account service contract with a 14-day notice period.

XIV. Final provisions

Contracts concluded in the Shop are governed by Polish law. The contract is concluded in Polish.

None of the provisions of the Terms and Conditions excludes or limits the rights of the consumer (and of a Privileged Entrepreneur) under the law.

The Seller may amend the Terms and Conditions at any time, with the changes applying to orders placed after the new version is published. In the case of previously concluded contracts for the provision of a digital service and customers holding an Account, the customer will be notified of the change and of the option not to accept the new wording.

In matters not regulated herein, the provisions of the Kodeks cywilny (Polish Civil Code) and other applicable laws shall apply.

These terms and conditions apply from 16-04-2024.

Download the terms and conditions (PDF)