Postanowienia ogólne General provisions
- These Regulations are an integral part of the contract for the sale of products offered by Comparme Sp. z o.o. which is located in Warsaw ul. F.Klimczaka 5 / 95 and is included in the register of entrepreneurs kept by the District Court for the city of Warsaw, XIII Commercial Division of the National Court Register under the reference number KRS 0000494490, NIP 5213664910, REGON 147067912 (further on “Comparme” or “Seller”) through the online store www.apakowanie.pl specifies th,e terms and conditions of sales conducted by Comparme.
- The sale takes place via the Internet between the person placing the order in the apakowanie.pl online store, hereinafter referred to as the Customer, and the Seller
- The buyer may be any natural or legal person or an organizational unit without legal personality, registered in the apakowanie.pl online store or making purchases without registration. The terms Buyer and Customer used in these Regulations are synonyms
- Each customer purchasing products offered by Comparme Sp. z o.o. is obliged to read the terms & conditions in the Regulations.
point of sales
- The point of sales are items offered on the online store apakowanie.pl
- The prices shown on the online store www.apakowanie.pl are displayed in Polish złoty and include VAT tax. The gross price of a product does not include shipping fees.
- The seller updates the product offer on an ongoing basis in the online store apakowanie.pl
- Payment for the order is made in one of the following methods: a) online bank transfer, before the shipment to the seller’s bank account (prepaid) b) cash, credit card or debit card when picking up the items in person from the warehouse. c) via the e-payment system
- By accepting the Regulations, the Customer purchasing the offered products agrees to the issuing and sending of invoices in an electronic form by the Seller in accordance with the Regulation of the Minister of Finance from 14 July 2005 on issuing and sending invoices in electronic form, as well as storing and sharing these invoices with the tax authority or the tax inspection authority (Dz. U. 2005, nr 133, poz. 1119) and the rules for issuing, sending and storing an electronic invoice. The consent to receive an invoice in an electronic form is tantamount to a resignation from receiving a paper invoice.
- the clients confirmation does not exclude Comparme Sp. z o.o. from the right of issuing and sending invoices in the paper form.
- The seller issues and sends invoices in electronic form, guaranteeing the authenticity of their origin and the integrity of their content.
- The Seller is not responsible for incorrect Buyer’s data indicated by him during registration as appropriate for issuing a VAT invoice.
- Each invoice in electronic form will be delivered to customer via e-mail to the addresses provided by the customer in the registration form. Changing the Customer’s e-mail address requires notification to the Seller in writing or electronically. If the Customer does not notify the Seller about the change of the e-mail address, the correspondence addressed to the current e-mail address is deemed to be properly delivered.
- The customer has the right to withdraw the acceptance in accordance with § 3 paragraph 4 of the regulation by submitting a written declaration of will to the following address: Comparme Sp. z o.o. ul. F.Klimczaka 5/95 Warsaw or in the form of an email to [email protected] In the event of withdrawal of the acceptance from the day following the delivery of the Customer’s statement on the withdrawal of acceptance, Comparme sp.z o.o. loses the right to issue and send invoices to the Customer in electronic form.
Orders & sales
- Orders in the online store can be placed via the website (online store). For this purpose, you must register your user account on the website www.apakowanie.pl and accept the provisions of these Regulations. The customer can also make purchases without registration.
- A registered user had the ability to:
- a) make purchases in the online store apakowanie.pl
- b) obtain individual discounts
- c) take part in promotions and contests
- d) rate products
- After registration the client will receive a link on the specified email to activate their account. Activating the account allows logging in to the system.
- To register correctly, the client must fill in all the fields of the registration form containing the data required to set up a user account.
- By registering an account the client:
- agrees to place his contact details in the apakowanie.pl database and to process them in accordance with the Act from 29.09.1997 on the protection of personal data (Journal of Laws No. 133, item 883)
- should accept the terms & conditions of sales of the apakowanie.pl website
- may accept to receive information about promotions and new products
- Providing personal data in the registration form is voluntary. The customer has the right to access their data and correct them.
- The user will be notified about changes to the Regulations at the first login after the changes to the Regulations enter into force. Acceptance of changes to the regulations is done by confirming / clicking the message on the login page of the apakowanie.pl website. Refusal to accept changes to the Regulations is tantamount to deregistering from the apakowanie.pl website, with the subject that the User participates in transactions initiated before the termination of the contract, on the terms of the Regulations applicable on the date of their commencement. The amendment to the Regulations does not violate the acquired rights of people using the apakowanie.pl website. Refusal to accept the Regulations is tantamount to the inability to use the online store also in a situation where the customer makes a purchase without registration.
- Amendments to the Regulations shall be applied no shorter than 7 days from the moment the amended Regulations are made available on the website www.apakowanie.pl, with the condition that transactions started before the start of these amendments are carried out on the basis of the existing rules. The user accepts the changes to the regulations by clicking / confirming the message on the login page of the apakowanie.pl website.
- In order to purchase products in the online store apakowanie.pl, the user click’s on a selected product and places an order.
- Each order is valid for 10 days after it is placed. If there is no contact with the customer after this date, the order is automatically canceled.
- Confirmation of the conclusion of the contract will be sent to the Customer to the e-mail address provided by the Customer in accordance with point 15 of these Regulations.
- The requirement to register and use the Account does not apply to Buyers using the Online Store in the “guest” form – purchases without registration. In this case, before placing the Order, the Customer is obliged to complete an electronic form (available in the Online Store) by entering the required data necessary for his identification as well as the conclusion and fulfilling of the Sales Agreement. The data necessary to identify the User are personal data including the User’s first and last name, User’s e-mail address (e-mail) as well as his telephone number and address for the delivery of the Goods. The Buyer should accept the content of the Regulations (by selecting the appropriate checkboxes [checkboxes] in the electronic form to be filled in).
- Each time an electronic “guest” form is filled in it allows to place an Order without registration but is tantamount to concluding a new Sales Agreement between the given Buyer and the Seller. Such an agreement expires and ceases to be binding between the parties when:
- an order is canceled
- Deliveries of products ordered in the apakowanie.pl Online Store is carried out only on the territory of the Republic of Poland.
- The purchased products are delivered according to the will of the Buyer via the selected courier company.
- The Buyer may pick up the ordered products in the apakowanie.pl warehouse
- The term of the sale agreement is from 1 to 10 business days.
- In the event that the Seller cannot perform the obligation due to even a temporary inability to perform the performance with the properties ordered by the Buyer, the Seller may release himself from the obligation by performing a substitute service corresponding to the same quality and purpose and for the same price or remuneration, informing the Buyer at the same time on writing about his right not to accept this service and withdraw from the contract, with the return of the items at the expense of the Seller. In this case, the Buyer has the right to withdraw from the contract in the manner and on the terms specified in Art. 27 of the Act of May 30, 2014 on consumer rights (Journal of Laws of 2014, item 827). The items are then returned at the Seller’s expense.
- In the case of delivery by a courier company, its collection requires a signed receipt. Upon delivery of the goods to the Buyer, ownership of the goods, rights and all risks related to the possession and use of the goods, in particular the risk of loss or damage, passes to the Buyer.
- In the event of any damage to the product that may be related to the delivery, in order to improve the complaint procedure, it is recommended to report them within 24 hours from the date of receipt of the shipment by e-mail to [email protected] (reporting a complaint for goods purchased online) and also within 7 days directly at the courier company.
- Any damage to the product that may be related to the delivery, despite the lack of damage to the outer packaging (mechanical damage to the contents of the shipment, quantitative deficiencies, incomplete shipment, etc.), the customer should report within 24 hours from the date of receipt of the shipment by e-mail to [email protected] (notification complaints about goods purchased via the Internet) and prepared a damage report with the shipping company in this regard.
- In the case of one order consisting of many products, for which there are differences in the method of their packaging, in particular due to their dimensions or differences in the time of order fulfillment, Comparme may divide the order into smaller shipments. In the described situation, the cost of delivery provided to the customer in the summary of the order does not change, but is divided into individual shipments. If a part of the order is canceled – regardless of the reasons, only the delivery costs that have been assigned to the canceled part of the order are corrected and refunded.
Withdrawal from the contract
- A customer who has concluded a distance contract may withdraw from it in writing without giving any reason within 14 days from the date of delivery of the item. The declaration of withdrawal from the contract should be sent to the address of apakowanie.pl (indicated in title I point 1 of these terms & conditions). Apakowanie.pl allows you to submit a declaration also by e-mail to the following e-mail address: [email protected].
- The 14-day period is counted from the date of delivery of the item, understood as taking possession of the item by the consumer or a third party indicated by the consumer other than the carrier.
- The goods should be returned immediately after submitting the declaration of withdrawal from the contract, no later than within 15 days.
- In the event of withdrawal from the contract for the sale of goods purchased in a set with another product, the entire set will be returned.
- The costs of direct return (return) of the goods to the Seller in connection with the withdrawal from the contract without giving a reason within 15 days from the date of delivery of the goods are borne by the Customer.
- If the Customer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to reimburse the consumer for any additional costs incurred by him.
- The rights and obligations set out in points 1, 2 and 3 of the Regulations are available only to Customers-Consumers purchasing products under a distance contract within the meaning of art. 2 clause 1 of the Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827). apakowanie.pl informs that it does not sell products under contracts concluded outside the company’s premises (acquisition, etc.).
- Each customer who has concluded a sales contract has the right to make a complaint.
- In order to identify and improve the complaint procedure, the Customer who complains about the product purchased and delivered via the Internet is recommended to send such a complaint electronically to the address [email protected] with the title “Complaint”.
- The goods under complaint must be delivered to the Seller’s warehouse, which is the place of purchase of the goods, at Park Logistyczny Hillwood, ul. Okólna 45, Hall B, ramp 31-32 05-270 Marki
- In order to improve the complaint procedure, it is recommended that a customer who complains about a product purchased and delivered via the Internet, sends the product directly to the address of the Seller’s warehouse
- Receipt of the advertised goods takes place only in the place and form in which the goods were delivered to the Seller.
- The goods under complaint must be collected within 30 days of notifying the customer about the positive completion of the complaint procedure. If the goods are not picked up in the above-mentioned within 15 days from the date of delivery of the request, the Seller will request the Customer in writing to collect the goods. After the expiry of the additional period, the Seller is entitled to charge storage fees for non-contractual storage of the goods. This fee is 10% of the currently applicable rate for 1 m2 of warehouse space for the Seller’s warehouse, charged for each month of storage.
- In the case of sale of goods in trade between entrepreneurs pursuant to art. 558 § 1 of the Civil Code the parties exclude the seller’s liability under the warranty for physical and legal defects of things, in particular, agree that he is not responsible for hidden defects of the object of sale.
- The customer has the option of using out-of-court complaint and pursuing claims, pursuant to the Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws 2016.1823). The customer who is a consumer is entitled to submit his complaint, among others via the EU ODR internet platform available at: ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL. The customer who is a consumer is entitled to submit his application for out-of-court resolution of consumer disputes also through an authorized entity, which in the case of Comparme Sp. z o.o. is the Trade Inspection (www.uokik.gov.pl/wazne_adresy.php#faq595).
- These Regulations enter into force on: May 7, 2019.