§ 1. Definitions
- Contact form – a form available on the Selliecss.com website enabling the sending of messages to the Service Provider.
- Order form – a form available on the Selliecss.com website enabling the placement of an Order.
- Customer – a person who uses the functionality of the Online Store, intends to conclude or has concluded a Sales Agreement with the Service Provider.
- Consumer – a natural person who enters into a legal transaction with an entrepreneur not directly related to their business or professional activity.
- Product – a physical product, goods with digital elements, digital content, or a digital service available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Service Provider.
- Regulations – these regulations of the Online Store.
- Entrepreneur acting as a consumer – a natural person concluding an agreement with the Company for the provision of services within the Portal directly related to their business activity, when it results from the content of this agreement that it does not have a professional character for them, in particular arising from the subject of the business activity carried out by them, made available on the basis of the Central Register and Information on Economic Activity Act.
- Online Store – the online store of the Service Provider operating at https://selliecss.com.
- Service Provider – Redseo Paweł Rabinek, ul. Świecka 8, 85-040 Bydgoszcz, Poland, VAT Number: PL9671194875.
- Sales Agreement – a Product sales agreement concluded between the Customer and the Service Provider through the Online Store.
- Electronic Service – a service provided electronically by the Service Provider to the Service Recipient through the Online Store.
- Service Recipient – a natural person, legal person, or organizational unit without legal personality, to whom legal capacity is granted by law, using the Electronic Service.
- Order – a declaration of will by the Customer constituting an offer to conclude a Sales Agreement for a Product with the Service Provider.
§ 2. General provisions
- This Regulation defines the terms and conditions for concluding Sales Agreements for Products, the procedure for handling complaints, conditions for withdrawal from Sales Agreements, as well as the types and scope of services provided electronically by the online store operating at selliecss.com, the rules for providing these services, and the conditions for concluding and terminating agreements for the provision of electronic services.
- Every Service Recipient, upon taking actions aimed at using the services of the online store selliecss.com, is obliged to comply with the provisions of this Regulation.
- In matters not regulated by this Regulation, the provisions of the generally applicable law shall apply, in particular:
- the Act on the provision of electronic services of July 18, 2002,
- the Consumer Rights Act of May 30, 2014,
- the Act on out-of-court resolution of consumer disputes of September 23, 2016,
- the Act on combating unfair commercial practices of August 23, 2007,
- the Civil Code of April 23, 1964.
§ 3. Conclusion of the sales agreement
- The online store selliecss.com conducts the sale of Products through the Internet.
- The Products are free from physical and legal defects. Information regarding the functionality or material compatibility and interoperability of Products consisting of goods with digital elements, digital content, or digital services is included in the offer of each Product in the online store.
- Information on the website of the online store does not constitute an offer within the meaning of the applicable law. By placing an Order, the Customer submits an offer to the Service Provider to purchase a specific Product on the terms specified in the description of the Product on the online store.
- The prices of the Product displayed in the online store include all components of the price, including VAT, excluding delivery costs.
- The price of the Product displayed on the online store’s website is binding at the time of placing the Order by the Customer. Any changes in the prices of the Product in the online store, including promotions and discounts, that occurred after the date of placing the Order do not affect the price set in the Order submitted by the Customer.
- Orders can be placed online by completing the order form.
- The condition for placing an Order in the online store by the Customer is to familiarize themselves with the Regulations and accept its provisions when placing the Order.
- In the event that the Service Provider is compelled, due to reasons beyond their control, to change the essential terms of the Sales Agreement with the Customer before starting its implementation, they shall immediately notify the Customer of this.
- In the situation referred to in paragraph 8 above, the Customer has the right to:
- accept the proposed change to the Sales Agreement by the Service Provider, or
- withdraw from the Sales Agreement, with an immediate return of all benefits provided by the Customer, and without the obligation to pay any contractual penalty.
The Customer is obliged to inform the Service Provider of their decision without delay. The fulfillment of the Order will be suspended until the Service Provider receives information from the Customer.
- In the case of withdrawal from the Sales Agreement based on paragraph 9 above or when the Service Provider cancels the performance of the Sales Agreement for reasons beyond the Customer’s control, the Customer is entitled to an immediate refund of the entire amount paid to the Service Provider.
- The sales agreement is concluded at the moment when the Customer places an order through easycart (by clicking the “Order and Pay” button or a similar one), unless otherwise indicated in the product description on the online store. If, at the explicit request of the Customer, the provision of the service is to commence before the expiration of the withdrawal period from the Sales Agreement, the Service Provider requires the Customer to submit a statement:
- containing such an explicit request
- acknowledging receipt of information about the loss of the right to withdraw from the Sales Agreement upon its full performance by the Service Provider
- Upon placing the Order, the Service Provider immediately confirms its receipt and acceptance of the offer by sending an email to the address provided by the Customer in the Order Form.
- The Order confirmation includes:
- confirmation of all essential elements of the Order,
- the text of these Regulations in pdf format,
- information about the right to withdraw from the contract or information about the Customer’s consent to the provision of digital content in circumstances leading to the loss of the right to withdraw from the Sales Agreement.
- Each Sales Agreement will be confirmed by an appropriate proof of purchase, which will be attached to the Product and/or sent by email to the Customer’s email address provided in the Order Form.
- The Service Provider delivers the Product to the Customer immediately after the conclusion of the Sales Agreement and the receipt or confirmation of the payment of the Product price by the Customer.
§ 5. Payment methods
- The management of the Product ordering process, including payment processing for Products and the fulfillment of obligations mentioned in §3 and §4 above, has been entrusted by the Service Provider to the entity operating the easycart service available at www.easycart.pl. The entity operating easycart acts in this regard on behalf and for the account of the service provider.
- The Service Provider enables the payment of the Order through payment methods available in easycart.
- After completing the Order in the Online Store, for its fulfillment, including payment, upon clicking the appropriate button, the Customer will be redirected to the relevant easycart subpage.
- To use all easycart features, including purchasing Products from the Service Provider through easycart, the User must register with easycart, i.e., create an account and follow the easycart regulations available at https://www.easycart.pl/regulamin-dla-kupujacych.
- In the case of payments through an electronic payment system, the Customer makes the payment before the commencement of Order fulfillment. The electronic payment system allows payment by credit card or fast transfer from selected Polish and foreign banks.
- The Customer is obliged to make the payment for the Sales Agreement within 3 working days from its conclusion, unless the Sales Agreement provides otherwise.
- The service will be performed only after payment is made.
§ 6. Product Complaint
- The basis and scope of the Service Provider’s liability towards the Customer are determined by Article 43a and subsequent provisions of the Consumer Rights Act.
- Complaints regarding the Product should be directed to the Service Provider via email at: firstname.lastname@example.org or in writing to the address of the Service Provider specified in § 1 para. 9 of the Regulations.
- The complaint notification should provide as much information and details regarding the subject of the complaint as possible, including the type and date of the occurrence of irregularities, as well as contact details.
- The Service Provider will respond to the Customer’s request promptly, no later than within 14 days from the moment of filing the complaint.
- In the case of a complaint from a Customer who is a Consumer or an entity mentioned in § 7 para. 9 of the Regulations, the failure to resolve the complaint within 14 days from its submission is synonymous with its acceptance.
- The response to the complaint is provided according to the communication channel indicated by the Customer in the complaint notification.
§ 7. Right of Withdrawal from the Agreement
- Subject to paragraph 7 below, the Customer has the right to withdraw from the Sales Agreement without stating any reason within 14 days from the date of concluding the Sales Agreement in accordance with Article 27 and subsequent provisions of the Consumer Rights Act.
- To exercise the right of withdrawal from the Sales Agreement, the Customer must inform the Service Provider of their decision.
- To withdraw from the Sales Agreement, the Customer can use the withdrawal form template, which is an attachment to the Regulations.
- To meet the withdrawal deadline, it is sufficient for the Customer to send information regarding the withdrawal from the Sales Agreement to the email address email@example.com or to the address of the Service Provider specified in § 1 para. 9 of the Regulations before the withdrawal period expires.
- The Service Provider will refund all payments received from the Customer promptly, but no later than 14 days from the day on which the Service Provider was informed of the withdrawal from the Sales Agreement, unless the Customer exercises the right to withdraw from the Sales Agreement after submitting the request as mentioned in §4.1. above – in which case the Customer is obliged to pay for the services provided until the withdrawal from the Sales Agreement.
- The Service Provider will make the refund using the same payment methods that were used by the Customer to pay for the Order unless the Customer has agreed to a different solution.
- The right of withdrawal from a distance contract does not apply to the Customer in relation to contracts:
- for the provision of services, if the Customer is obliged to pay the price, and the Service Provider has fully performed the service with the explicit consent of the Buyer, who was informed before the start of the service that after the performance of the service by the Service Provider, they will lose the right to withdraw from the contract and has acknowledged it;
- where the price or remuneration depends on fluctuations in the financial market over which the Service Provider has no control, and which may occur before the expiry of the withdrawal period;
- for the supply of goods made to the Customer’s specifications or clearly personalized;
- for the supply of goods that are liable to deteriorate rapidly or have a short shelf life;
- for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- for the supply of goods that, after delivery, due to their nature, are inseparably mixed with other items;
- for the supply of audio or video recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
- for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
- for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events if the agreement specifies the day or period of service provision;
- for the supply of digital content not supplied on a tangible medium, for which the Customer is required to pay, if the performance has begun with the express prior consent of the Customer, who has been informed before the commencement of the performance that, after the fulfillment of the service by the Service Provider, they will lose the right to withdraw from the contract, and has acknowledged it, and the Service Provider has provided the Customer with confirmation as mentioned in §4.3. above.
- The right of withdrawal from the Sales Agreement is granted to both the Service Provider and the Customer.
- An entrepreneur on consumer terms is protected by the relevant legal provisions, provided that the Sales Agreement or agreements for the provision of Electronic Services concluded with the Service Provider do not have a professional character.
- A person conducting business activity, as referred to in paragraph 9 above, is covered by protection only in the scope of:
- unfair contract terms – so-called abusive clauses,
- liability for physical and legal defects of the Product in accordance with §6 of the Regulations,
- the right to withdraw from a distance contract, in accordance with §7 of the Regulations.
- The entrepreneur mentioned in paragraph 9 above loses consumer protection rights in the event that the Sales Agreement concluded with the Service Provider has a professional character, particularly resulting from the subject of the business activity carried out by this entrepreneur, made available based on the provisions on the Central Register and Information on Economic Activity.
§ 8. Type and Scope of Electronic Services
- The Service Provider enables the use of Electronic Services through the Online Store, including:
- Entering into Sales Agreements for Products,
- Sending messages via the Contact Form.
- The provision of Electronic Services for Customers of the Online Store is carried out under the conditions specified in the Regulations.
- The Service Provider has the right to place advertising content on the Online Store’s website. These contents constitute an integral part of the Online Store and the materials presented in it.
§ 9. Conditions for the Provision and Conclusion of Agreements for Electronic Services
- The provision of Electronic Services by the Service Provider is free of charge.
- The period for which the agreement is concluded:
- An agreement for the provision of an Electronic Service enabling the placement of an Order in the Online Store is concluded for a specified period and terminates upon placing the Order or discontinuation of its submission by the Service Recipient.
- An agreement for the provision of an Electronic Service enabling the sending of messages to the Service Provider via the Contact Form is concluded for a specified period and terminates upon sending the message or discontinuation of its submission by the Service Recipient.
- Technical requirements necessary for cooperation with the teleinformatics system used by the Service Provider:
- Computer (or mobile device) with internet access.
- Access to email.
- Web browser.
- The Customer is obliged to:
- Use the Online Store in accordance with the law and good practices, respecting personal rights and intellectual property rights of third parties.
- Provide accurate information.
- Refrain from posting unlawful content in the Online Store, especially in the Contact Form or Order Form.
§ 10. Complaints related to the provision of electronic services
- Complaints related to the provision of Electronic Services through the Online Store can be submitted by the Customer via email to: firstname.lastname@example.org or to the address of the Service Provider specified in § 1 para. 9 of the Regulations.
- In the complaint report, please provide as much information and details regarding the subject of the complaint, especially the type and date of the irregularity, as well as contact details.
- The Service Provider will respond to the Customer’s request promptly, no later than 14 days from the moment of filing the complaint.
- In the case of a complaint from a Customer who is a Consumer or a subject as mentioned in § 7 para. 9 of the Regulations, the failure to address the complaint within 14 days of its submission is considered as its acceptance.
- The response to the complaint is provided in accordance with the communication channel indicated by the Customer in the complaint report.
§ 11. Intellectual Property
- All content posted on the Online Store is protected by copyright law and is the property of the Service Provider.
- Any use by anyone, without the explicit written consent of the Service Provider, of any elements constituting the content and the entirety of the Online Store’s content constitutes a violation of the copyright belonging to the Service Provider and results in civil and criminal liability.
§ 12. Product Reviews
- Within the Online Store, the Service Provider does not allow the publication of product reviews.
§ 13. Final Provisions
- Agreements concluded through the Online Store are governed by Polish law.
- In the event of any inconsistency between any part of the Regulations and applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
- Any disputes arising from Sales Agreements between the Service Provider and Consumers will be resolved, in the first instance, through negotiations with the intention of amicably settling the dispute, taking into account the Consumer Dispute Resolution Act. If, however, this proves impossible or unsatisfactory for either party, the disputes will be resolved by the competent common court, in accordance with paragraph 4 of this section.
- Judicial dispute resolution:
- Any disputes between the Service Provider and the Service Recipient (Customer) who is simultaneously a Consumer or an entrepreneur as referred to in § 7 para. 9 of the Regulations, are subject to the competent courts in accordance with the provisions of the Code of Civil Procedure.
- Any disputes between the Service Provider and the Service Recipient (Customer) who is not simultaneously a Consumer or an entrepreneur as referred to in § 7 para. 9 of the Regulations, are subject to the court having jurisdiction over the seat of the Service Provider.
- A Consumer, being the Customer, also has the right to use out-of-court dispute resolution methods, in particular by submitting, after completing the complaint procedure, a request for mediation or a request for the case to be considered by an out-of-court arbitrator (the form can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The Consumer can also seek free assistance from the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection. Out-of-court settlement of claims after completing the complaint procedure is free of charge.
- In order to amicably resolve a dispute, a Consumer may, in particular, submit a complaint through the Online Dispute Resolution (ODR) platform, available at: http://ec.europa.eu/consumers/odr/.