ONLINE STORE REGULATION FOR BUSINESS ENTITIES
- This Regulation defines general terms, conditions, principles and manner of sales performed by Robert Jurecki, who runs a business activity under the name of Amin Power Energy with registered seat in Głogów (67-210) via online store powerenergy.com.pl (hereinafter referred to as “the Online Store”) and it determines principles and conditions of services rendered by electronic means free of charge by Robert Jurecki, who runs a business activity under the name of Amin Power Energy.
- Working Days – means week days from Monday through Friday except public holidays. .
- Delivery– means an actual activity of delivery of Goods specified in an order to a Customer from the Seller and by means of the Supplier.
- Supplier – means an entity, with which the Seller cooperates in Deliveries of Goods:
1. a courier company;
2. Poczta Polska S.A.
- Password – means a series of characters (letters, digits or others) selected by the Customer during Registration in the Online store, used for protection of access to the Customer Account in the Online Store.
- Customer – means an entity, for which services may be rendered by electronic means in compliance with the Regulation and legal provisions, or with whom a Sales Agreement may be concluded.
- Consumer – means an individual, who enters into a legal transaction with the entrepreneur, that is not related directly to the individual’s business or professional activity.
- Customer Account – mean an individual panel for each Customer, that is launched for the Customer by the Seller, after Registration of the Customer and conclusion of an agreement on Customer Account services.
- Login – means a Customer’s individual designation, defined by the Customer, consisting of a series of characters (letters, digits or others), which is required together with a Password for establishment of the Customer Account in the Online Store.
- Entrepreneur– means a natural person, legal entity or an organisational unit, which is not a legal entity but has a legal personality in compliance with the law, who in own name performs business or professional activity and executes a legal transaction related directly to their business or professional activity.
- Regulation– means this regulation.
- Registration– means the factual activity performed in the way defined in the Regulation, which is required for a Customer in order to use all functionalities of an Online Store.
- Seller– means Robert Jurecki who performs business activity under the name of Amin Power Energy with registered office in Głogów (67-210), Zielone Wzgórze 6, NIP (tax identification number): 6920007067, REGON (Polish business registry number): 390043292, entered into the Central Registry and Information about Business Activities kept by the Minister of Economy; e-mail: firstname.lastname@example.org, who is also the owner of Online Store.
- Store Website– means www pages, where the Seller operates its Online Store, within the domain: powerenergy.com.pl
- Goods – mean a product presented by the Seller via the Store Website, which may be subject of a Sales Agreement.
- Permanent data storage media– means a material or tool, which enable storage of information addressed to the Customer or the Seller, in a way facilitating access in the future for a period corresponding to purposes of such information and which enable recreation of the stored information in an unaltered form.
- Sales Agreement – means a distance sales agreement concluded between the Customer and the Seller in compliance with principles defined in the Regulation.
2 General provisions and use of the Online Store
- All rights to the Online Store, including copyrights, intellectual property right to its name, its domain, the Store Website and to patterns, forms, logos placed on the Store Website (except logos and pictures published on the Store Website for the purpose of presentation of the Goods, in case of which copyrights are held by third parties) are held by the Seller, and they may be used only in the way specified in and compliant with the Regulation and upon the Seller’s written consent.
- The Seller will endeavour to enable use of the Online Store by the Internet Users by means of all popular internet browsers, operational systems, types of devices and types of internet connections.
- The Seller uses cookie files that are recorded by the Seller’s server on the hard drive of the Customer’s terminal device when a Customer uses the Store Website. Cookie files are used to ensure efficient operation of the Store Website on terminal devices of Customers. This mechanism does not damage the Customer’s terminal device and does not introduce changes to the configuration in terminal devices of Customers or in the software installed on such devices. The Seller points out that deactivation of cookie files may entail difficulties or prevent a Customer from use of the Store Website.
- In order to place an order in the Online Store via the Store Website and in order to use the services available on the Store Websites, a Customer has to have an active e-mail account.
- The Online Store may be used only by Entrepreneurs, who have registered Business Activity, Companies and Legal Entities.
- Consumers are not entitled to use the Online Store.
- Customers are forbidden to provide illegal contents and use the Online Store, the Store Website and free of charge services rendered by the Seller in breach of legal provisions, good practices or in violation of personal rights of third parties.
- The Seller declares that the public nature of the Internet and use of services rendered via electronic means may be entail risk of acquisition and modification of the Customer data by unauthorised persons, and therefore the Customers should apply all respective technical measures to mitigate the above mentioned threats. In particular they should use antivirus software and software protection the identity of Internet users. The Seller never asks the Customer for disclosure of a password on any form.
- It is not allowed to use the resources and functions of the Online Store by the Customer to perform business activity that would violate the Seller’s interest.
- In order to create the Customer Account, the Customer is obliged to make free of charge Registration.
- Registration is required in order to place an order in our Webshop, and Customers may not complete the registration process of make purchases without expressing consent for the processing of personal data.
- In order to register, the Customer should complete the registration form published by the Seller on the Store Website, and send the completed registration form by electronic means to the Seller, selecting respective function in the registration form. During Registration, the Customer defines an individual Password.
- When completing a registration form, the Customer may acknowledge the Regulation and approve its provisions through a click in a respective box in the form.
- During the Registration, the Customer may voluntarily agree on processing of its personal data for marketing purposes through a click in a respective box in the form. In such case, the Seller shall notify precisely on the purpose of collection of the Customer’s personal data and about recipients of such data, that are known to or foreseen by the Seller.
- The Customer’s consent for processing of its personal data for marketing purposes is not a condition necessary to enter into an agreement with the Seller on the service of Customer Account Maintenance by electronic means. Such consent may be withdrawn any time through the Customer’s respective statement provided to the Seller. Such statement may be, for examples, sent to the Seller’s address via e-mail.
- Having sent a completed registration form, the Customer receives immediately, to the e-mail address provided in the registration form, the Seller’s confirmation of Registration. At this moment an agreement on the service of Customer Account Maintenance by electronic means is concluded and the Customer receives a possibility to access the Customer Account and introduce changes of data provided during Registration except Login.
- The information published on the Store Website shall not form the Seller’s offer within the meaning of the Civil Code, but shall be treated as an invitation for Customer to submit offers of entering into a Sales Agreement.
- The Customer may place orders in the Online Store via the Store Website 24/7.
- When the Customer places an order via the Store Website, they shall select the Goods in which they are interested. Goods are added to an order when you select instruction “ADD TO CART” under respective Goods presented on the Store Website. Having completed the entire order and specified the manner of Delivery and a form of payment in the CART, the Customer places an order through its dispatch to the Seller, when they click button “Order and pay” on the Store Website. Before every dispatch to the Seller, the Customer is notified on the total prise for selected Goods and Dispatch, and on all additional costs they are obliged to pay in relation to the Sales Agreement.
- Placement of an order means an offer of entering into Sales Agreement, which is made by the Customer to the Seller in respect to the Goods, which are subject of such order.
- After an order is placed, the Seller shall send an order confirmation to the e-mail address provided by the Customer.
- Then, after confirmation of an order, the Seller sends information on acceptance of an order for fulfilment to the e-mail address provided by the Customer. The information on acceptance of an order for fulfilment is the Seller’s statement on acceptance of the offer referred to above and the Seles Agreement is concluded upon receipt of such statement by the Customer.
- If there are no ordered goods in the warehouse or in case of unexpected prolongation of time necessary to arrange the Goods, the Customer shall be notified immediately about it and about related prolongation of the period of delivery of an order, and the Customer shall have a possibility to cancel such order to change it fully or in part.
- Orders placed on incorrectly completed forms will not be fulfilled.
- The Store reserves the right to refuse to fulfil an order at every state of its execution if there are no ordered goods on stock, at suppliers’ or in doubtful cases and if this regulation is not followed.
- The cost of shipment shall be borne by the Buyer.
- We reserve a right of partial cancellation of an order if the goods are not in stock temporarily or due other reasons that are beyond our control. In case of problems with fulfilment of an order, we will notify the buyer about it immediately.
- Prices published on the Store Website next to each Good are net prices and they do not include information on Delivery costs and all other costs that the Customer is obliged to bear in relation to the Sales Agreement, which will be notified to the Customer upon selection of the manner of Delivery and placement of an order.
- The Customer may select the following forms of payment for ordered Goods:
1. a bank transfer to the Seller’s bank account (in such case fulfilment of an order shall start after the Customer receives a confirmation of an order from the Seller and after respective funds have been credited on the Seller’s bank account);
2. cash in case of personal collection – payment in the Seller’s office (in such case fulfilment of an order shall start after the Customer receives a confirmation of an order from the Seller, while the Goods will be issued in the Seller’s office);
3. online payment via DOTPAY, PayPal or the Seller’s credit card (in such case fulfilment of an order shall start after the Customer receives a confirmation of an order from the Seller and after respective funds have been credited on the Seller’s bank account).
- The Customer is obliged to pay an amount for an order according o the concluded Sales Agreement no later than within 3 days, and after such period an order may be cancelled.
- The Seller delivers Goods in the territory of the Republic of Poland and a few selected EU countries listed under bookmark “Delivery”.
- If Goods are orders to another country, individual delivery costs will be charged. The Store reserves a right to reject an order, if delivery of such order to a given country is not possible.
- The Seller is obliged to deliver the Goods under the Agreement without defects.
- On the Store Website, the Seller shall publish information on the number of Working Days necessary for a Delivery and fulfilment of an order.
- The period of Delivery and fulfilment of an order defined on the Store Website shall be expressed in Working Days in compliance with §5 sec. 2 of the Regulation.
- The period of Delivery and fulfilment of an order defined on the Store Website shall be expressed in Working Days starting from the date of the Sales Agreement.
- Ordered Goods are delivered to the Customer via the Suppler to an address defined in an order form.
- On a day of shipment of Goods to the Customer (unless an option of personal collection was selected), a message is sent to the Customer’s e-mail address to confirm that the Goods have been shipped by the Seller.
- The Customer shall examine delivered parcel in time and in a manner adopted for such type of shipments, in the presence of the Supplier’s staff. If a parcel is found to be incomplete or damaged, the Customer has a right to demand from the Supplier’s staff to prepare a respective report.
- The Customer may collect order Goods in person. Goods may be collected from the Seller’s office on Working Days, during the opening hours specified on the Store Website, having earlier agreed with the Seller via e-mail or by phone on a date of collection of Goods.
- At the Customer’s discretion, the Seller attaches a VAT invoice for delivered Goods to the shipment or sends it to the e-mail address provided during the Registration.
- If the Customer is not present at the address provided by it as the delivery address upon placement of an order, the Supplier’s staff shall leave a notice or try to contact the Customer by phone in order to arrange a date, when the Customer is available. If the Supplier returns ordered Goods to the Online Store, the Seller shall contact the Customer via electronic means or by phone to arrange the date and cost of Delivery with the Customer again.
7 Statutory guarantee
- The Seller guarantees Delivery of Goods free of physical and legal effects.
The Seller shall be held liable in relation to the Customer, if Goods have physical or legal defect (statutory guarantee).
- If the Goods are defective, the Customer may:
- make a declaration on reduction of the price or withdrawal from the Sales Agreement, unless the Seller replaces the defective Goods with Goods free of defects or rectifies a defect promptly and without too excessive inconvenience to the Customer. Such restriction shall not apply, if the Goods have been already replaced or rectified by the Seller or the Seller did not fulfil the obligation replace the Goods with Goods free of defects or to rectify the Goods. Instead of the rectification of a defect proposed by the Seller, the Customer may demand replacement of Goods, unless the manner of making the items compliant with the agreement in the way selected by the Customer is impossible or requires too excessive costs as compared to the manner offered by the Seller. To assess if costs are to excessive, one should take account of the cost of Goods free of defects, type and importance of a detected defect and inconvenience suffered by the Customer in case of different manner of fulfilment of a requirement.
- demand replacement of defective Goods with Goods free of defects or rectification of a defect. The Seller is obliged to replace defective Goods with Goods free of defects or rectify a defect in reasonable period of time and without too excessive inconvenience for the Customer.
- The Seller may refuse to fulfil the Customer’s demand if achievement of compliance with the Sales Agreement by defective Goods in the way selected by the Customer is impossible or requires too excessive costs as compared to another way of achievement of compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
- If the Customer exercises its rights under statutory guarantee, it is obliged to deliver a defective item to the Seller’s address.
- The Seller shall be held liable under statutory guarantee, if a physical defect is detected within two years from delivery of the Goods to the Customer. A claim concerning rectification of a defect or replacement of the Goods for Goods free of defects is time-barred after one year, but this period may not end before the end of the period defined in the first sentence. In this period of time the Customer may withdraw from the Sales Agreement or make a declaration on reduction of the price due to a defect of the Goods. If the Customer demanded replacement of Goods with Goods free from defects or rectification of goods, the period for withdrawal from the Sales Agreement or submission of a statement on reduction of the price start upon ineffective lapse of the period for replacement of the Goods or rectification of a defect.
- All claims related to the Goods or execution of the Sales Agreement may be filed by the Customer in writing to the Seller’s address.
- Within 14 days of the date of demand specified in a claim, the Seller shall reply to the claim concerning the Goods or a claim related to execution of the Sales Agreement, which has been lodged by the Customer.
- The Customer can order a service of a courier company via the Seller, which at the Seller’s cost will take the Goods subject to the complaint on a date convenient for the Customer, to deliver it to the Seller.
- The Customer may send photographs of the Goods subject to a complaint to the Seller’s e-mail address and on the basis of them the Seller will examine a complaint within 14 (fourteen) day from receipt of an e-mail.
- The Customer pay ledge a complaint to the Seller in relation to use of free of charge services rendered by the Seller via electronic means. A complaint may be lodged in an electronic form and sent to e-mail address: email@example.com. A notice of complaint should contain a description of a problem. The Seller shall examine a complaint promptly but no later than within 14 days and reply to the Customer.
- The Goods sold by the Customer may be covered with a guarantee granted by the manufacturer of the Goods or distributor.
- In case of Goods covered with a guarantee, the information on such guarantee and its provisions is presented every time on the Store Website.
9 Withdrawal from the Sales Agreement
- The Customer, who is an Entrepreneur has no right to withdraw from the Sales Agreement.
- In justified cases, the return of Goods will be examined on case by case basis after prior notification sent to e-mail address firstname.lastname@example.org.
- The Customer shall have no right to withdraw from the Sales Agreement, in case of agreements related to Goods in form of an item delivered in sealed packing, which cannot be returned after opening of the packing due to protection of health or due to hygienic respects, if a packing was opened after delivery.
10 Free of charge services
- The Seller rendered the following free of charge services to Customers via electronic means:
2. Maintenance of the Customer Account;
3. Publication of opinions.
- The services specified in §10 sec. 1 above are rendered 24/7.
- The Seller will have a possibility to select and change type, forms, time and manner of provision of access to the above mentioned services, about which the Customers will be notified as in case of amendments to this Regulation.
- Every Customer, that have an own e-mail address may use the Newsletter service through the registration form published by the Seller on the Store Website. After a completed registration form is sent, the Customer shall receive promptly the Seller’s confirmation via electronic means to the e-mail address provided in the registration form. At this moment, an agreement on the Newsletter service rendered by electronic means is concluded. The Customer may also mark the right box in the registration form during Registration to subscribe the Newsletter.
- The Newsletter service consists of electronic messages sent by the Seller to an e-mail address with information on new products and services in the Seller’s offer. The Newsletter is sent by the Seller to all Customers that have subscribed it.
- Every Newsletter sent to the Customers concerned contains in particular: information about the sender, completed field “subject” that defines the contents of a message and information on a possibility and manner to resign from free of charge Newsletter.
- The Customer may resign from the Newsletter any time through resignation from subscription by means of a link attached to every electronic message sent under the Newsletter service or through an activation of a respective field in the Customer Account.
- The Account Maintenance Service is available after the Registration in compliance with the principles define in the Regulation and means that the Customer is provided with a dedicated panel within the Store Website, which enables modification of data provided by the Customer during Registration, tracing status of orders and history of fulfilled orders.
- After Registration a Customer may submit a request for deletion of the Customer Account to the Seller, and in case of a request for deletion of the Customer Account to the Seller, it may be deleted within 14 days from when such request is filed.
- The service of Publication of Opinions means that the Seller offers a possibility for Customers, which have Customer Accounts, to publish their individual and subjective opinions on the Store Website, in particular about the Goods.
- The Customer may resign from the service of Publication of Opinions any time, when they stop publishing Customer contents on the Store Website.
- The Seller is entitled to block access to the Customer Account and free of charge services if the Customer acts to the determent of the Seller or other Customers, the Customer violates legal provisions or provisions of the Regulation, and if a blockade of access to the Customer Account and free of charge services is justified with security reasons, in particular if the Customer breaches the security devices of the Store Website or undertakes other hacking activities. A blockade of access to the Customer Account and free of charge services shall take place for a period necessary to solve the issue underlying a blockade of access to the Customer Account and free of charge services. The Seller shall notify the Customer on a blockade of access to the Customer Account and free of charge services via electronic means to the address provided by the Customer in the registration form.
11 The Customer’s liability for contents published by them
- When publishing contents and disclosing it, the Customer disseminates the contents on voluntary basis. Published contents do not expressed the Seller’s opinions and should not be identified with the Seller’s activities. The Seller is not the provider of the contents, but only the entity, that ensures appropriate IT resources.
- The Customer declares that:
1. it is entitled to use the copyrights, industrial property rights and/or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights, which constitute the contents;
2. publication and disclosure of personal data, image and other information on third parties within the scope of services referred to in §10 was legal, voluntary and upon consent of the subjects of those data;
3. agrees on the review of published contents by other Customers and the Seller and authorises the Seller to use it free of charge in compliance with the provisions of this Regulation;
- The Customer is not entitled to:
1. publish personal data of third parties and disseminate image of third parties within the scope of services referred to in §10 of the Regulation without an authorisation required by law or consent of a third party,
2. publish advertising and/or promotional contents within the scope of services referred to in §10 of the Regulation.
- The Seller shall be held liable for contents published by Customers provided that it receives a notification in compliance with §12 of the Regulation.
- within the scope of services referred to in §10 of the Regulation, it is forbidden for Customers to publish contents that could in particular:
1.be published in bad faith, e.g. in an intention to infringe personal rights of third parties,
2. violate any rights of third parties, including related to copyrights and related rights, protection of industrial property rights, trade secret or related to obligations of confidentiality,
3. be abusive or threatening to other person, include vocabulary that violates good practices (e.g. use of vulgar words or expressions that are considered to be insulting),
4. is contradictory to the Seller’s interests;
5. violate otherwise the provisions of the Regulations, good practices, legal provisions, social and moral norms.
- In case of receipt of a notification in compliance with §12 of the Regulation, the Seller reserves the right to modify or delete contents published by the Customer in scope of the services referred to in §10 of the Regulation, in particular in relation to the contents, that according to notification from third parties or respective authorities may violate the provisions of this Regulation or applicable legal provisions. The Seller do not control published contents on regular basis.
- The Customer agrees for free of charge use by the Seller of the contents provided by the Customer on the Store Website.
12 Reporting threats and violations of law
- If the Customer or another person or entity believes that contents published on the Store Website violate their rights, personal rights, good practices, feelings, morality, beliefs, fair competition principles, know-how, secrets protected by law or under an obligation, they may notify the Seller on a potential breach.
- Having been notifies bout a breach, the Seller undertakes promptly activities in order to delete the violating contents from the Store Website.
13 Personal data protection
- The Seller is the Controller of Customers’ personal data provided to the Seller on voluntary basis during Registration, placement of a single order or within the scope of services rendered by the Seller via electronic means or under other circumstances defined in the Regulation.
- All acquired personal data are protected and used only for the purpose of fulfilment of an order (article 6 sec.1 letter b of GDPR), maintenance of an account (article 6 sec.1 letter b of GDPR), replies to inquiries sent on a contact form (article 6 sec.1 letter a of GDPR). If the Customer grants consent, the data are also used for marketing purposes and for the purpose of newsletter distribution (article 6 sec.1 letter a of GDPR). Additionally, in result of an order placed, the controller processed the Customer’s data under article 6 sec.1 letter c of GDPR, which means a legal obligation –issuance of an invoice or another accounting document and their maintenance on accounting records and under article 6 sec.1 letter f of GDPR – legitimate interest of the controller, that is protection against possible claims.
- The Customer provides its personal data to the Seller on voluntary basis, provided that however a failure to provide the data specified in the Registration process prevents from Registration and establishment of the Customer Account and prevents from placement and fulfilment of the Customer’s order, if an order is placed without Registration of the Customer Account.
- Every person that provides their personal data to the Seller has a right to access and rectify them.
- The Seller ensures a possibility to delete personal data from possessed data set, in particular in case of deletion of the Customer Account. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or violated applicable legal provisions, and retention of personal data is necessary for explanation of the circumstance and determination of the Customer’s liability.
- The Seller protects the personal data provided to it and endeavours to secure them against unauthorised access or use.
- The Seller provides the Customer’s personal data to the Supplier in the scope necessary for execution of a Delivery.
- The Customer has a right to object to personal data processing and to file a complaint to the supervisory authority in relation to personal data processing by the controller.
14 Termination of an agreement (other than a Sales Agreement)
- Both, the Customer and the Seller may terminate an agreement on services rendered via electronic means any time and without a reasons, provided that the rights acquired by the other party before termination of the above mentioned agreement are retained and subject to the following provisions.
- If the Customer has registered, it shall terminate an agreement on services rendered via electronic means through a respective declaration of will sent to the Seller by means of any remote means of communication, which will make it possible for the Seller to acknowledge the Customer’s declaration of will.
- The Seller shall terminate an agreement on services rendered via electronic means through a respective declaration of will sent to the Customer’s e-mail address provided by the Customer during Registration.
15 Final provisions
- The Seller shall be held liable for default under this agreement, but in case of agreements concluded with Customers that are Entrepreneurs the Seller shall be held liable only in case of wilful damage and within the limits of losses actually suffered by a Customers who is an Entrepreneur.
- The provisions of this Regulation may be recorded in print, stored on a data storage device or downloaded from the Store Website.
- If any disputes arises in relation to concluded Sales Agreement, the parties will endeavour to solve it in negotiations. All disputes arisen under the Regulation shall be governed by the Polish law.
- Every Customer may use out-of-court ways to examine complaints and assert claims. In this respect, the Customer may use mediations. Lists of regular mediators and mediation centres are provided and disclosed by the Chairpersons of respective Regional Courts of Law.
- The Seller reserves a right to amend this Regulation. All orders accepted by the Seller for fulfilment before the effective date of the new Regulation, will be fulfilled in compliance with the Regulation in force on a date, when such order was placed by the Customer. Amendments of the Regulation enter into force after 7 days from their publication on the Store Website. The Seller shall notify the Customer on change of the Regulation 7 days before effective date of a new Regulation. If the Customer does not accept the new contents of the Regulation, it is obliged to notify the Seller about it, which results in termination of the agreement in compliance with provisions of §14 of the Regulation.
- The Regulation enters into force on 15.06.2018