GLOSSARY OF TERMS
Customer | an entity that uses electronic services offered by the Seller or places an Order in order to conclude a Sales Agreement with the Seller. |
Civil Code | The Law of 23 April 1964 Civil Code (Journal of Laws of 2023, item 1610, as amended). |
Terms and Conditions | this document regulating the principles of placing Orders in the Shop, also constituting the regulations of providing services electronically within the meaning of the Provision of services by electronic means. |
Pick-pocket shop | The Internet service available at https://pick-pocket.eu/, with the use of which the customer may purchase Goods |
Seller | Roman Wiszniewski, conducting business under the name Wiszniewski Roman Przedsiębiorstwo Handlowo Usługowe Matterhorn in Namysłów at ul. Wiejska 5 (46-100 Namysłów), holding NIP: 7521090831 and REGON: 531231850. |
Merchandise | an item offered by the Seller and described on the Shop Site. |
Sales contract | Umowa sprzedaży Towarów w rozumieniu Kodeksu cywilnego zawierana pomiędzy Sprzedawcą a Klientem drogą elektronicznąA contract for the sale of Goods, as defined by the Civil Code, concluded between the Seller and the Customer electronically |
Service | A service provided electronically within the meaning of the UŚUDE by the Seller as part of his business activity through the Shop. |
UŚUDE | Provision of services by electronic means -The Law of 18 July 2002 on electronic provision of services (Journal of Laws of 2020, item 344). |
order | oświadczenie woli Klienta, wyrażające zainteresowanie Towarem SprzedawcyA declaration of will of the Customer expressing interest in the Seller's Goods |
§ 1 GENERAL PROVISIONS
- The Terms and Conditions define the rules for the operation of the Pick-pocket Shop, the rules for the conclusion and performance of Sales Agreements by the Seller and the rules for the provision of electronic services by the Seller.
- The Pick-pocket Shop is operated by the Seller as part of the Seller's business activity. The Pick-pocket Shop conducts retail sales via the Internet. 3.
- The use of the Pick-pocket Shop is free of charge, voluntary and allowed to all entities with access to the Internet.
- It is a condition of placing an Order or using the Services that the Customer reads and accepts these Terms and Conditions. By placing an Order and starting to use the Services, the Customer declares that he or she has read, understands and fully accepts the content of the Terms and Conditions.
- The Seller makes every effort to ensure that the information presented on the Store's Website is up to date. In the event that the Goods in relation to which the Customer has placed an Order would be unavailable, the Seller undertakes to immediately inform the Customer of this fact.
- Customers using the Pick-pocket Shop are obliged to use the Shop's Site in accordance with the content of these Regulations, respecting the provisions of law and good manners.
- In particular, it is prohibited to:
- to provide false, inaccurate or outdated information or personal data;
- to disseminate untrue or illegal information about the content of the Shop's Site;
- to provide content of a nature to violate generally applicable laws;
- to gain illegal access to and control over network infrastructure or servers located on the Internet that do not belong to the User;
- to carry out illegal activities through or by means of the Shop Site;
- to publish or transmit content that is offensive, unlawful or violates the personal rights of third parties protected by law.
- the Store Page uses "cookies", of which the Customer is informed when entering the Store Page for the first time. If the Customer accepts their use, he/she clicks "I agree". The Customer has the possibility of adjusting his/her preferences by going to "preferences", he/she can also change his/her settings at any time by clicking on the button located at the bottom of the "Cookies" Page, after clicking on which a pop-up will open for the Customer to manage his/her cookie preferences. The User may also deactivate the use of cookies at any time from their web browser. Detailed information, including the purposes and functions of the Store's use of cookies, can be found in the Privacy Policy located on the Store's Website at the following address: pick-pocket.eu
§2 PROVISION OF SERVICES BY ELECTRONIC MEANS
- The Seller provides the following electronically provided services to the Customers within the framework of the Pick-pocket Shop:
- Making it possible to familiarise oneself with the content of the Store's Website and the content placed therein;
- a form which makes it possible to place an Order;
- newsletter, i.e. a bulletin sent to customers who have agreed to receive it, by the Seller.
- the Seller informs of the existence of typical risks in connection with the use of the Services covered by these Terms and Conditions, which arise from the fact of using the Internet to provide the Service. Customers are advised to take appropriate measures to minimise the risk (e.g. by using appropriate anti-virus and Internet security measures). The Seller, for its part, applies safeguards to enable the use of the Services in a manner designed to prevent unauthorised access to the content of services provided via the Shop Site.
- The service that makes it possible to review the content of the Store Page and the content therein is provided for the duration of the Customer's stay on the Store Page. It is possible to withdraw from this service at any time by terminating the use of the Shop Site.
- The service relating to the form allowing the placement of an Order lasts from the moment of commencement of completion of the form on the Shop Site relating to the specific Goods chosen by the Customer and is provided until the moment the Customer clicks the "Send" button. Cancellation of this service is possible until the "Send" button is clicked, by abandoning the process of completing the Order form.
- The newsletter service is provided from the moment of consent to receive information from the Seller to the e-mail address provided, concerning new Goods, their announcements, promotions, as well as commercial information concerning the Store, until the moment of submission of a declaration of withdrawal from the provision of this service by sending to the e-mail address: ... message informing of the occurrence of such a wish.
- In connection with the provision of the Services, the Customer is entitled to initiate a complaint procedure in relation to the nature of their provision. These proceedings are initiated on the basis of the Customer's application submitted:
- in writing to the Seller's address;
- in electronic form to the e-mail address: sklep@picc-pocket.eu
- The aforementioned application should include, in particular:
- The Service to which it relates;
- the nature and duration of the irregularity in the provision of the Service;
- the Customer's e-mail address;
- the Seller shall be obliged to respond to the Customer's request immediately, but no later than within 14 calendar days of its receipt. The response to the request shall be provided in electronic form via e-mail sent to the Customer's address referred to in § 2.7(c).
- At the time of commencement of the Services, the Customer declares that he/she consents to the processing of his/her personal data to the extent necessary to provide the Services to the Customer. Detailed rules for the processing of the Customer's personal data are set out in the Privacy Policy of the Pick-pocket.eu Shop available at: pick-pocket.eu/en/privacy-policy
§3 RULES FOR PLACING ORDERS AND CONCLUDING CONTRACTS
- The Customer is entitled to place an Order for the chosen Goods using the form referred to in § 2 par. 4.
- In order to place an Order, the Customer should follow the messages displayed in the content of the form.
- The Customer should fill in the form with correct data, and before clicking the "Send" button, the Customer should verify the correctness of the provided data.
- Clicking on the "Send" button leads to the Order being placed.
- Placing of the Order by the Customer constitutes an expression of interest in the purchase of the Goods. The Seller shall promptly reply to the Order obtained, in which it shall specify the Goods, their price, the manner of their delivery to the Customer and the method of payment. The Seller's reply shall be made in the form of an e-mail message sent to the Customer's e-mail address or in the form of a text message sent to the Customer's telephone number, which were provided on the Order form, and shall constitute an offer within the meaning of the Civil Code. The Contract of Sale is concluded upon the Customer's acceptance of the Seller's offer after the terms of the Contract of Sale have been agreed upon. Upon receipt of the Seller's acceptance of the offer, the Seller shall immediately confirm its receipt and commencement of performance of the Contract of Sale and make the content of the Contract of Sale available to the Customer.
- The prices presented by the Seller are in Polish currency and are gross amounts.
- the Seller shall be entitled to set a deadline for the Customer to make payment for the Goods, which, however, cannot be shorter than 3 days from the conclusion of the Contract. If the payment is not credited to the bank account number indicated by the Seller, the Contract of Sale is considered not concluded.
- In the event of the need for reimbursement, the Seller shall make the reimbursement in the same manner in which the payment was made.
§ 4 WITHDRAWAL FROM THE CONTRACT
- A consumer who has concluded the Contract as described in these Terms and Conditions shall be entitled to withdraw from it without giving any reason within 14 days from the delivery of the Goods pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights (i.e. Journal of Laws of 2020, item 287, as amended).
- The right referred to in § 4(1) may be exercised by the Consumer by submitting a declaration of withdrawal from the Agreement to the Seller. The declaration in question may be submitted:
- in writing to the Seller's address;
- in electronic form to the e-mail address: sklep@pick-pocket.eu
- The declaration should contain information that will allow the Seller to identify the Agreement from which the Consumer withdraws, together with indication of the bank account number to which the Seller is to refund the amount paid by the Consumer. The Consumer may use the template declaration of withdrawal from the Agreement, which is attached to these Terms and Conditions, but its use is not mandatory.
- In order to meet the deadline referred to in § 4.1, it is sufficient to send the statement before its expiry.
- In the event of receipt of the Consumer's declaration of withdrawal from the Agreement, referred to above, the Seller shall immediately send to the Consumer on a durable medium confirmation of receipt of the declaration of withdrawal from the Agreement.
- After submission of the aforementioned declaration, the Consumer shall be obliged to return the Goods at his own expense.
- The Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods.
- Within ... working days from the date of receipt of the returned Goods by the Seller, the Seller shall refund the payment to the bank account number indicated by the Consumer.
- The Consumer is not entitled to the right referred to in § 4.1 in relation to contracts referred to in Article 38 of the Consumer Rights Act.
§ 5 CONFORMITY OF GOODS WITH THE CONTRACT
- The Seller shall be liable to the Consumer for non-compliance of the Goods with the Sales Agreement on the terms specified in generally applicable provisions of law. The liability specified above is hereby excluded in relation to Customers who are not Consumers.
- The Seller shall be liable for noncompliance of the Goods with the Sales Agreement existing at the time of delivery and disclosed within two years from that time, unless the term of the Goods' suitability for use, as specified by the Seller, its legal predecessors or persons acting on their behalf, is longer.
- In the event that the Goods do not comply with the Sales Agreement, the Consumer shall be entitled to request their repair or replacement.
- The Consumer may exercise the right referred to in § 5.2 by making a complaint notification to the Seller, which will include a description of the complaint and a document confirming the purchase of the Goods from the Seller by the Consumer, as well as the contact information of the notifier. The notification may be submitted:
- in writing to the Seller's address;
- in electronic form to the e-mail address: sklep@pick-pocket.eu
- The Seller may make a replacement when the Consumer requests repair, or the Seller may make a repair when the Consumer requests replacement, if bringing the Goods into conformity with the Agreement in a manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Contract. When assessing whether the costs are excessive, the Seller shall take into account all circumstances of the case, including in particular the lack of conformity of the Goods with the Contract, the value of the Goods, excessive inconvenience for the Consumer resulting from the change of the manner of bringing the Goods into conformity with the Contract.
- The Seller shall repair or replace the Goods within a reasonable period of time from the moment the Seller is informed by the Consumer of the Goods' non-conformity with the Contract. Actions taken by the Seller shall not lead to undue inconvenience on the part of the Consumer and shall be borne in full by the Seller, including in particular the costs of collecting the Goods from the Consumer, sending them back to the Consumer, labour and material costs. The Consumer shall be obliged to make the Goods available to the Seller for repair or replacement.
- In the event of non-conformity of the Goods with the Sales Contract, the Consumer shall be entitled to submit a statement on reduction of the price of the Goods or withdrawal from the Sales Contract, if:
- The Seller has refused to bring the Goods into conformity with the Sales Contract in accordance with § 5.4;
- The Seller has failed to bring the Goods into conformity with the Contract of Sale in accordance with § 5.5;
- The Goods are in a condition inconsistent with the Contract of Sale, despite measures taken by the Seller which were to bring them into such condition;
- The Goods are in a condition inconsistent with the Sales Agreement which is so significant that the circumstances justify submitting a declaration on reduction of the price of the Goods or withdrawal from the Sales Agreement without prior actions aimed at bringing the Goods into conformity with the Sales Agreement.
- In the case of submission of a statement by the Consumer to reduce the price of the Goods, the new price must be in a real proportion to the loss of value of the Goods as a result of their non-compliance with the Contract of Sale. If such a declaration is made, the Seller is obliged to immediately refund to the Consumer the difference between the price paid for the Goods and the price resulting from the reduction. However, this period may not be longer than 14 days.
- The Consumer may not exercise the right to withdraw from the Sales Agreement referred to in § 5.6, if the lack of conformity of the Goods with the Sales Agreement is insignificant.
- If the lack of conformity of the Goods with the Sales Contract relates only to certain Goods, the Consumer may withdraw from the Sales Contract only with respect to these Goods and also with respect to other Goods purchased together with Goods not in conformity with the Contract, if the Consumer cannot reasonably be expected to agree to keep only Goods in conformity with the Sales Contract.
- In the event of withdrawal from the Sales Contract, the Consumer shall immediately return the Goods to the Seller at the Seller's expense. The Seller shall refund the price to the Consumer immediately, but no later than within 14 days of receipt of the Goods or proof of their return. The Seller shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for the Consumer.
§ 6 OUT-OF-COURT METHODS OF RESOLVING CONSUMER DISPUTES
- Detailed information on the possibility of out-of-court procedures for handling complaints and pursuing claims by the Consumer and the rules of access to these procedures are available at the offices and websites of district (city) consumer ombudsmen, social organisations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and at the website addresses of the Office of Competition and Consumer Protection.
- At https://ec.europa.eu/consumers/odr, the consumer has access to the settlement of consumer disputes electronically via the EU online platform (ODR platform). The ODR platform is a multilingual̨ interactive website for consumers and businesses seeking out-of-court resolution of disputes arising from the conclusion of a distancé sales or service contract.
- Disputes between the Seller and the Consumer concerning the provision of Services by the Service Provider may be settled amicably, e.g. by proceedings:
- on out-of-court settlement of consumer disputes, which is initiated at the request of the provincial inspector of the Commercial Inspection competent for the place of business of the Service Provider, pursuant to Article 36 of the Act of 15 December 2000. on Trade Inspection (i.e. Journal of Laws of 2020, item 1706, as amended) under the rules set out in the Regulation of the Prime Minister of 17 May 2017 on the Rules of Organisation and Operation of the Trade Inspection in the field of out-of-court settlement of consumer disputes (Journal of Laws of 2017, item 1014);
- before permanent arbitration courts at provincial inspectors of the Trade Inspection under the rules set out in the regulation of the Minister of Justice of 6 July 2017 on defining the rules of organisation and operation of permanent arbitration courts at provincial inspectors of the Trade Inspection (Journal of Laws of 2017, item 1356); a case may be considered by an arbitration court only if both parties to the dispute agree to it.
§ 7 FINAL PROVISIONS
- These Regulations shall enter into force as of 01/01/2024
- These Terms and Conditions are available in electronic form on the Site of the Store.
- In matters not covered by these Terms and Conditions of Use shall be governed by generally applicable law.
- These Terms and Conditions do not limit or exclude the rights of Customers who are Consumers, which they are entitled to under mandatory provisions of law. In the event of any conflict between the provisions of these Terms and Conditions and the aforementioned legal regulations, the aforementioned regulations shall prevail.
- The Seller shall be entitled to make amendments to these Terms and Conditions. If such a change is made, he/she will post information to this effect on the Shop website. The change to the Terms and Conditions will become effective upon publication on the Store's Website.
- By accepting these Terms and Conditions of Use the Customer declares that he or she has read and accepts its content.
- Any disputes concerning contracts concluded on the basis of these Terms and Conditions between the Seller and the Customer shall be resolved by the courts with jurisdiction over the place of conducting business by the Seller, unless the mandatory provisions provide otherwise.