Terms and Conditions of Service

TERMS AND CONDITIONS OF THE ONLINE STORE

https://plasmet.bochnia.pl

§ 1 GENERAL PROVISIONS

  1. The online store available at https://plasmet.bochnia.pl (hereinafter the “Store”) operates under the terms and conditions set forth in this document.
  2. These Terms and Conditions define:
    • the conditions for entering into and terminating Product Sales Agreements,
    • the complaint procedure,
    • the types and scope of services provided electronically by the Store,
    • the principles for providing such services,
    • the conditions for concluding and terminating agreements on electronic service provision.
  3. Each User (Service Recipient) who takes any action to use the Electronic Services provided by the Store thereby agrees to comply with these Terms and Conditions.

§ 2 DEFINITIONS

  • ORDER FORM – a form available on the website https://plasmet.bochnia.pl that enables the placement of an Order.
  • CLIENT – a Service Recipient who intends to conclude or has concluded a Product Sales Agreement with the Seller.
  • ENTREPRENEUR – a natural person, legal person, or organizational unit without legal personality (yet granted legal capacity under the law) that conducts business or professional activity on its own behalf.
  • PRODUCT – a movable item available in the Store that is the subject of the Product Sales Agreement between the Client and the Seller.
  • TERMS AND CONDITIONS – this document, which constitutes the Terms and Conditions of the Store.
  • STORE – the online store operated by the Service Provider at https://plasmet.bochnia.pl.
  • SELLER – Andrzej Styrna “PLASMET,” with its registered office at ul. Partyzantów 37a, 32-700 Bochnia, Poland.
  • SALES AGREEMENT – a Product Sales Agreement concluded between the Client and the Seller via the Store.
  • ORDER – a declaration of the Client’s intent, constituting an offer to conclude a Product Sales Agreement with the Seller.
  • PRICE – the monetary amount the Client is obliged to pay to the Seller for the Product. In the Store, net prices are presented; 23% VAT must be added to these net prices.

§ 3 INFORMATION ABOUT PRODUCTS AND ORDERING

  1. The Store at https://plasmet.bochnia.pl sells Products over the Internet.
  2. The Products offered in the Store are new and conform to the contract.
  3. Any information displayed on the Store’s webpages does not constitute an offer as defined by law. By placing an Order, the Client makes an offer to purchase a specified Product under the conditions stated in its description.
  4. The Product price displayed on the Store’s website is given in Polish zloty (PLN) net and in euro (€) net. The price does not include delivery costs.
  5. Orders can be placed:
  6. To place an Order, the Client must:
    • log in to their Store account,
    • become familiar with these Terms and Conditions and accept them during the ordering process,
    • place an Order meeting the minimum amount requirements:
      • for delivery within Poland: minimum PLN 1,000 net,
      • for Clients located outside of Poland: minimum €1,190 net,
      • unless otherwise agreed individually by email or telephone.

3.0. General rules for using the sales platform

  1. Registration
    • The condition for starting to use the sales platform is to register on it.
  2. Method of registration
    • Registration is done by correctly filling in and submitting the form containing the current data of the operated business.
  3. Acceptance of the Terms and Conditions
    • The condition of registration is to read and accept the Plasmet Terms and Conditions and to provide the personal data indicated as mandatory.
  4. Confirmation of registration
    • Registration is confirmed once the Ordering Party (Buyer) receives an email with an activation link for their account on the sales platform.
  5. Changes to data
    • The Ordering Party has the right to change the personal data provided during registration (or updated later), as well as change the password, at any time by editing the data in the Account or submitting a request via email at info@plasmet.bochnia.pl.
  6. Loss or limitation of account privileges
    • Andrzej Styrna “PLASMET” may deprive the Ordering Party of the right to use the sales platform or limit their access to some or all of the platform’s resources with immediate effect: a) at any time, without providing a reason,
      b) if the Ordering Party provided false, inaccurate, or outdated data during registration, data that misleads or infringes the rights of third parties,
      c) if the Ordering Party, through the sales platform, infringed any personal rights of third parties, in particular the personal rights of other Ordering Parties,
      d) if the Ordering Party behaved in a manner deemed by the Seller to be inconsistent with applicable law or the general rules of Internet use or if such behavior harms the reputation of the Supplier (Seller).
  7. Duration and deactivation of the Ordering Party’s account
    • The Ordering Party’s account is created for an indefinite period and is free of charge. At any time, any Ordering Party may request that their account on the sales platform https://plasmet.bochnia.pl be deactivated by sending an email to info@plasmet.bochnia.pl. A condition for the effective deactivation of the Ordering Party’s account is to settle all payments resulting from VAT invoices and other accounting documents issued by the Supplier before the request for account deactivation is submitted. Account deactivation will occur once the Ordering Party confirms the request, which will be sent to the email address provided during registration. Deactivation means termination of the electronic service agreement relating to the maintenance of the Ordering Party’s account by the Administrator.
  8. Re-registration after loss of privileges
    • A person who has been deprived of the right to use the sales platform may not re-register without prior consent from Andrzej Styrna “PLASMET.” A request for such consent should be sent via email to info@plasmet.bochnia.pl. The Supplier shall, within 30 calendar days, either grant or deny consent for re-registration by email.
  9. Security measures
    • To ensure the security of data communication in connection with the services provided through the platform, the sales platform implements technical and organizational measures appropriate to the level of threat to prevent unauthorized persons from obtaining and modifying personal data transmitted via the Internet.
  10. Obligations of the Ordering Party
    • The Ordering Party undertakes in particular: a) not to provide or transfer content prohibited by law, such as content promoting violence, defamatory content, or content that infringes the personal rights and other rights of third parties;
      b) not to use the sales platform in a way that disrupts its functionality, especially through the use of specific software or devices;
      c) not to undertake actions such as sending or placing unsolicited commercial information (spam) within the sales platform;
      d) to use the sales platform without inconveniencing other Ordering Parties or the Seller;
      e) to use the sales platform in compliance with applicable laws of the Republic of Poland, these Terms and Conditions, and the general rules of Internet usage;
      f) not to share login details or otherwise provide third parties with access to the sales platform, which constitutes a gross violation of these Terms and Conditions.

§ 4 CONCLUSION OF THE SALES AGREEMENT

  1. To conclude a Product Sales Agreement, the Client must first be logged in to their Store account and place an Order in the manner provided by the Seller on https://plasmet.bochnia.pl.
  2. Upon receiving the Order, the Seller promptly confirms receipt.
  3. The confirmation of receipt of the Order mentioned in point 2 of this paragraph binds the Client to their Order. The confirmation of receipt of the Order is sent via email.
  4. The confirmation of receipt of the Order contains:
    • confirmation of all essential elements of the Order.
  5. At the moment the Client receives the email referred to in point 4 of this paragraph, a Sales Agreement between the Client and the Seller is concluded.
  6. Each Sales Agreement will be confirmed with a proof of purchase (invoice) sent electronically to the Client’s email address.

§ 5 PAYMENT METHODS

  1. The Seller provides the following payment methods:
    • Bank transfer (traditional) to the Seller’s bank account.
  2. In the case of a traditional bank transfer, the payment should be made to the following bank account number:
    PLN: 69 1020 4984 0000 4702 0060 8117 (iPKO, ul. Puławska 15, 02-515 Warsaw, Poland)
    Title of the transfer: please include the invoice number that was sent to the email address.
  3. The Client is obliged to make payment for the Sales Agreement promptly, within a period ranging from 7 to 60 business days from the date the contract was concluded (depending on individual arrangements and the payment date indicated on the issued invoice), unless the Sales Agreement provides otherwise.

§ 6 PRODUCT DELIVERY COSTS, TIMES, AND METHODS

  1. Delivery costs for Products within Poland are covered by the SELLER, while the delivery costs for Products outside Poland are determined individually by email.
  2. The delivery time comprises the time it takes to prepare the Product for shipment and the delivery time by the courier.
  3. The shipment is dispatched within 24 hours of the STORE confirming the Order.
  4. Delivery of Products by the carrier takes place on business days only (excluding Saturdays, Sundays, and public holidays), within the timeframe declared by the carrier.
  5. The Products purchased from the Store are shipped via a courier company or the Seller’s own transport. It is also possible to pick up the Products personally from the warehouse in Bochnia, ul. Partyzantów 37a, after prior arrangement.

§ 7 PRODUCT COMPLAINTS

  1. Complaint for non-conformity of the Product with the contract.
  2. The basis and scope of the Seller’s liability to a Client who is an Entrepreneur under the statutory warranty (rękojmia) are set out in the Polish Civil Code of April 23, 1964.
  3. The basis and scope of the Seller’s liability to a Client who is a Consumer for non-conformity of the Product with the contract are set out in the Polish Consumer Rights Act of May 30, 2014.
  4. The Seller is liable to a Consumer for non-conformity of the Product with the contract existing at the time of delivery and revealed within 2 years of that time, unless the expiry (use-by) date of the Product specified by the Seller or by persons acting on its behalf is longer. Any notice of non-conformity of the Product with the contract and any related claim may be submitted via email to info@plasmet.bochnia.pl or in writing to:
    Andrzej Styrna “PLASMET,” ul. Partyzantów 37a, 32-700 Bochnia, Poland.
    In such notice (in written or electronic form), please include as much information as possible regarding the subject of the complaint, in particular the type and date of the non-conformity and contact details. The information provided will facilitate and speed up the complaint handling process.
  5. The Seller will address the Client’s complaint promptly, no later than 14 days from the date of submission.
  6. If the Client is a Consumer, failure to address the complaint within 14 days from its submission is tantamount to its acceptance.
  7. In the case of a justified complaint by a Consumer, the Seller will, as appropriate:
    • cover the costs of repair or replacement and the cost of re-delivering the Product to the Client,
    • reduce the price of the Product (the reduced price must be proportionate to the difference between the value of the Product conforming to the contract and the non-conforming Product) and refund the Consumer the appropriate amount within 14 days of receiving the Consumer’s statement on the price reduction,
    • if the Consumer withdraws from the contract – refund the price of the Product within 14 days of receiving the returned goods or proof of their dispatch. In the event of withdrawal, the Consumer must promptly return the Product to the Seller at the Seller’s expense,
    • provide the response to the complaint on paper or another durable medium (e.g., email or SMS).

§ 8 RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1. Subject to point 10 of this paragraph, a Client who is also a Consumer and who has entered into a distance contract may withdraw from it without giving any reason by submitting a relevant statement within 14 days.
  2. In the event of withdrawal from the contract, the Sales Agreement is deemed void, and the Consumer must return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which the Consumer withdrew from the contract, unless the Seller has offered to collect the Product themselves. Sending the Product back before the deadline suffices to meet the return deadline.
  3. If withdrawing from the Sales Agreement, the Product should be returned to the following address:
    Andrzej Styrna “PLASMET”
    ul. Partyzantów 37a, 32-700 Bochnia, Poland
  4. The Consumer is liable for any reduction in the value of the Product resulting from its use beyond what is necessary to determine its nature, features, and functioning, unless the Seller failed to inform the Consumer (or an entity referred to in § 10) about how and when to exercise the right of withdrawal or failed to provide them with a withdrawal form. To check the nature, features, and functioning of the Products, the Consumer should handle them and inspect them only as they would in a physical store.
  5. Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product along with the cost of its delivery using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different form of refund that does not incur any costs for the Consumer. Subject to point 7 of this paragraph, the refund will be made promptly, no later than 14 days from the date the Seller receives the statement of withdrawal from the Sales Agreement.
  6. If the Consumer chose a delivery method for the Product that is more expensive than the cheapest standard delivery option offered by the Store, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  7. If the Seller has not offered to collect the Product from the Consumer themselves, the Seller may withhold reimbursement until the Product is received back or until the Consumer provides evidence that the Product has been returned, whichever event occurs first.
  8. A Consumer withdrawing from a Sales Agreement pursuant to point 1 of this paragraph bears only the cost of returning the Product to the Seller.
  9. The 14-day withdrawal period for the Consumer begins:
    • for a contract in which the Seller releases the Product, being obliged to transfer ownership thereof: from the day the Consumer (or a third party indicated by the Consumer other than the carrier) takes possession of the Product.
  10. The right to withdraw from a distance contract does not apply to a Consumer in the case of a Sales Agreement concerning, among other things, a non-prefabricated Product made to the Consumer’s specifications or designed to meet the Consumer’s individualized needs.
  11. The right to withdraw from the Sales Agreement is available to both the Seller and the Client if the other party fails to fulfill its obligations under the contract within a strictly defined deadline.

§ 9 TYPE AND SCOPE OF ELECTRONIC SERVICES

  1. Via the Store, the Service Provider makes available the Electronic Service consisting of the possibility to conclude Product Sales Agreements.
  2. The provision of the Electronic Service to Service Recipients in the Store takes place under the conditions specified in these Terms and Conditions.
  3. The Service Provider has the right to place advertising content on the Store’s webpage. Such content is an integral part of the Store and of the materials presented therein.

§ 10 CONDITIONS FOR PROVIDING AND CONCLUDING ELECTRONIC SERVICE AGREEMENTS

  1. The Electronic Service referred to in § 9(1) of these Terms and Conditions is provided free of charge.
  2. The agreement for the provision of the Electronic Service enabling the placement of an Order via the Store is concluded for a fixed period and is terminated upon the placement of the Order or when the User ceases to place the Order.
  3. The technical requirements necessary to collaborate with the information and communication system used by the Service Provider are:
    • a computer (or mobile device) with Internet access,
    • access to email,
    • an internet browser,
    • enabled Cookies and JavaScript in the browser.
  4. The User is obliged to use the Store in a manner consistent with the law and good practices, with due respect for the personal rights and intellectual property rights of third parties.
  5. The User is obliged to provide data consistent with the actual state of affairs.
  6. The User is prohibited from supplying unlawful content.

§ 11 COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

  1. Complaints regarding the provision of Electronic Services via the Store may be submitted by the User via email to info@plasmet.bochnia.pl.
  2. Please include as much information as possible about the subject of the complaint in the email, especially the type and date of the irregularity, as well as contact details. This information will significantly facilitate and expedite the complaint review process by the Service Provider.
  3. The Service Provider reviews complaints promptly, no later than within 14 days of receiving them.
  4. The Service Provider’s response regarding the complaint is sent to the email address provided in the complaint or otherwise specified by the User.

§ 12 FINAL PROVISIONS

  1. Contracts concluded through the Store are governed by Polish law.
  2. If any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply in place of the disputed provision.
  3. Any disputes arising from Sales Agreements between the Store and the Client will be settled primarily through negotiations, aiming for an amicable resolution, taking into account the Act on Out-of-Court Consumer Dispute Resolution. If an amicable resolution is not possible or is unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.
  4. Any disputes arising between the Service Provider and a User (Client) who is also a Consumer shall be referred to the competent courts according to the provisions of the Code of Civil Procedure of November 17, 1964.
  5. A Client who is a Consumer also has the right to use out-of-court dispute resolution methods, particularly by submitting—after the complaint procedure—an application for mediation or an application for the case to be heard by an arbitration court (application forms are available at http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available at http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also seek free assistance from a district (municipal) consumer advocate or a social organization dedicated to consumer protection. Out-of-court resolution of claims is free of charge once the complaint procedure is completed.