Terms and conditions online store

Valid from 01 July 2015 r.

 

 

TERMS and CONDITIONS

 

§1 Definicje

1. Mailing address-name and surname or name of the institution, the location of (in the case of a split on the streets: Street, number, apartment number, or the premises; in the case of non-on the streets: the name and number of the real estate), postal code, and city.

2. address of complaint:

ABS Service SP. z o.o.
UL. Kościelna 5/Lok 5
20-307 Lublin
 

3. Price list-located at /informacja/6/koszt-dostawy Overview of the available types of supplies and their costs.

4. Contact information:

ABS Service SP. z o.o.

UL. Kościelna 5/Lok 5

20-307 Lublin
e-mail: abs7@op.pl
phone: 601 444 149;  Fax: 81 74 33 688
(the standard fee according to the price list of the competent operator)

1. delivery-type of service transport together with the designation of the carrier and the cost listed in the price list of supplies in at:

/informacja/6/koszt-dostawy

2. Proof of purchase invoice, Bill or receipt issued in accordance with the law on tax on goods and services of 11 March 2004 year, as amended, and other applicable laws.

3. Product-a single subpage the store that contains information about a single product.

4. customer-adult natural person with full legal capacity, legal person or organizational unit without legal personality and having legal capacity, making the purchase from the seller associated directly from their business or professional activity.

5. The Civil Code-Act civil code of 23 April 1964 year as amended.

6. The code of good practice is a set of rules of conduct, and in particular the ethical standards and professional capacity referred to in article 2, paragraph 5 Act on combating unfair practices the market of 23 August 2007 year as amended.

7. Consumer-adult natural person with full legal capacity, making the purchase from the seller non-directly from its business or professional activity.

8. Shopping cart-product list drawn up of in-store products on the basis of elections.

9. Buyers-both Consumer and client.

10. Place of issue things-postal address or pick-up point specified in the order by the purchaser.

11. The Moment the release of things-the point at which the Buyer or indicated by him to receive a third party will cover the possession.

12. payment-method of payment for the subject matter of the contract and the delivery listed at /informacja/18/platnosc

13. Consumer Law-consumer rights act of 30 mAJA 2014.

14. Product-minimum and indivisible amount of things that can be the subject of the contract and which is given in the seller's shop as a unit of measurement for determining the price (price/unit).

15. Subject matter of the contract and delivery that are the subject of a contract.

16. The subject of the provision-subject of the agreement.

17. Collector-place issue things non-postal address, listed in the statement provided by the seller in the store.

18. Thing-thing moving that can be or which is the subject of the contract.

19. the shop-Internet service, through which the buyer may order.

20. the seller:

ABS Service SP. z o.o.
UL. Kościelna 5/Lok 5
20-307 Lublin
VAT number: 9462653161, REGON: 361638355,
registered under number KRS: 0000560813
by the District Court in Lublin-Lublin East based in Świdnik VI Youthe Economic Department of national court register
 
Bank account:
Environmental Protection Bank SA in Lublin
61 1540 1144 2114 9539 1735 0001

21. System-a team of cooperating with each other it equipment and software for processing and storage, as well as send and receive data through telecommunication networks by means of an appropriate for a given type of network end device, colloquially referred to Internet.

22. The deadline for delivery is available at /informacja/4/czas-realizacji.

23. the contract-off-premises contract trader or at a distance within the meaning of the consumer rights act of 30 may 2014 year for consumers and contract of sale within the meaning of article 3. 535 Civil Code Act of 23 April 1964 year for Buyers.

24. The defect-both physical defect, as well as legal defect.

25. Physical defect-incompatibility of the things sold with the contract, in particular if:

a. it has properties that forThis kind of should have due to the target in the contract marked or due to the circumstances or purpose;

b. has no properties, the existence of which the seller has provided the consumer,

c. is not suitable for the purpose for which the consumer has informed the seller at the conclusion of the contract, and the seller has not objected to such a destination;

(d) the consumer has been released in a State of incomplete position;

e. in the event of defective its install and run, if these steps are made by the seller or a third party, for which the seller is responsible, either by the consumer who has acted according to the instructions received from the

the seller;

f. it has no properties, which provide a manufacturer, or his agent or the person that introduces to the market in terms of its economic activity, and a person who, by putting on things sold his name, trade mark or Another distinctive mark as the producer, unless the seller representations of those not familiar with or, in assessing the reasonable, could not know or they could not influence the consumer's decision on conclusion of the contract, or when their content has been corrected before the conclusion of the contract.

26. the Wada-when a thing sold is the property of a third party or a third party law, and if the restriction on the use or disposition of thing arises from a decision or judgement of a competent authority.

27. the order-declaration of intent the purchaser submitted through specifying explicitly: the nature and quantity of the products; type of delivery; type of payment; place of issue of things, the buyer's data and tending directly to the conclusion of the agreement between the buyer and seller.

 

§2 Warunki ogólne

 

1. The agreement is concluded in the Polish language, in accordance with the Polish law and these terms and conditions.

2. Place of issue must be located on the territory of the Republic of Poland.

3. the seller is obliged and undertakes to provide the service, and to provide the things free.

4. All prices quoted by Seller are expressed in the Polish currency and are gross prices (including VAT). Product prices do not include shipping, which is specified in the price list of supply.

5. the seller does not give the buyer the warranty within the meaning of article 3. 577 of the code cywilnegabout, and tells you about known guarantees granted by third parties for the products in the store.

6. confirmation, fixation, cover all the relevant provisions of the agreement in order to gain access to this information in the future in the form of:

a. confirmation of the order by sending to the designated e-mail address: orders, pro forma invoice, information about the right to withdraw from the agreement, these terms and conditions in PDF version, model withdrawal form PDF version, links to Download the rules and design of withdrawal;

b. join the executed order, sent to the indicated place of issue things printed: proof of purchase, information about the right to withdraw from the agreement, this regulation, the model form to withdraw from the contract.

7. the seller does not charge any fees for the communication with it using the means of communication at a distance, and the buyer shall bear the costs arising from the contract entered into with a third party provider to a specific service that allows communication at a distance.

8. the seller provides the buyer with the correct operation of the system in the following browsers: IE version 7 or later, FireFox version 3 or nowsza, Opera version 9 or newer, Chrome version 10 or later, screen horizontal resolution above 1024 px. Using third-party software that affect the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, can have an impact on the proper display of the store, so in order to get the full functionality of the store, they should be all off.

9. The buyer may have the option to remember its data by the shop in order to facilitate the application process the next order. To this end, the buyer should specify the username and password needed to access your account. Login and password are a string of characters determined by the buyer, which has a duty to maintain secrecy and to protect against unauthorized access by third parties. The buyer has at any time the ability to access, correct, update and delete data store account.

10. the seller shall apply to the code of good practice.

 

§3 Zawarcie umowy i realizacja

 

1. orders can be placed 24 hours a day.

2. To place an order, the buyer should do at least the following, some of which may be repeated several times:

and.     Add to cart the product;

b. the choice of delivery;

c. Select the type of payment;

d. choice of place of issue;

e. submission of in-store order by using the button "order and pay".

3. The conclusion of the agreement with the consumer is at the moment of placing the order.

4. Order the consumer paid for downloading immediately, and orders paid by bank transfer or via electronic payment system after the payment the consumer on the seller's account.

5. Conclusion of the contract with the customer from the moment of acceptance of the order by the seller, he shall inform the customer in writing within 48 hours of placing the order.

6. implementation of the customer's order, paid cash on delivery follows immediately after the conclusion of the contract, and orders paid by bank transfer or via electronic payment system after the conclusion of the contract and the payment of the client on the seller's account .

7. implementation of the customer's order may be conditional on payment of all or part of the value of the contract or obtain a credit limit of at least the value of the orderor consent to the sending of the order cash on delivery (paid on delivery).

8. dispatch of the subject-matter of the contract is within the time period specified on the product tab, and for orders of multiple products for the longest time specified on the product cards. The period starts at the moment of the execution of the contract.

9. You purchased the subject matter of the contract with the selected by the buyer, sales document sent by the buyer to the selected type of delivery to the named by the buyer in the order place of issue stuff, along with the attached annexes, referred to in § 2 paragraph 6b.

 

§4 Prawo do odstąpienia od umowy

 

1. The consumer shall be entitled pursuant to art. 27 consumer law the right to withdraw from the contract concluded at a distance, without giving a reason and without the cost, with the exception of the costs referred to in article 1. 33, art. 34 consumer law.

2. the period of withdrawal from the contract concluded at a distance is 14 days from the date of issue, and to maintain the deadline it is sufficient to send the declaration before its expiry.

3. a statement of withdrawal from the contract, the consumer may submit a form, a specimen of which is given in annex No.2-consumer law, on a form available at /upload/files/Formularz-zwrotu.pdf or in other written form complying with consumer law.

4. the seller disables the ability to make a statement of withdrawal from the contract in other than written form.

5. the seller shall immediately confirm the consumer to email (provided at the conclusion of the contract and the other if it was given in a complex statement) to obtain a declaration of withdrawal from the contract.

6. in case of withdrawal from the contract, the contract is deemed null and void.

7. the consumer is obliged to pay to the seller without delay, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline it is sufficient to refer things prior to its expiration.

8. the consumer sends the things that are the subject of a contract, from which he withdrew at his own risk and expense.

9. the consumer shall be liable for any diminished value of the thing which is the subject of the contract and as a result of the use of it in ways that go beyond the necessary to establish the nature, characteristics and functioning of things.

10. the seller shall, not later than within 14 days from the date of receipt of the Declaration of withdrawal of the(d) the agreement made by the Consumer will return all payment made by the Consumer, including the cost of delivery of the thing, and if the consumer chose a shipping method other than the cheapest regular delivery method offered by the seller, The seller will not refund the consumer the additional costs in accordance with article 5. 33 consumer law.

11. the seller shall refund using the same method of payment, which used the consumer, unless the Consumer has expressly agreed to another payment method that does not involve any costs for him.

12. the seller may withhold the reimbursement payment received from a consumer to a receipt of the stuff back or delivery by the consumer proof of mailing, whichever event occurs first.

13. in accordance with article 18 of the consumer. 38 consumer law does not have the right to withdraw from the contract:

a. for the provision of services, if the entrepreneur fully performed the service with the express consent of the consumer, who was informed before the commencement of that after completion of the service by the trader loses the right to withdraw from the agreement;

b. where the price or remuneration depends on fluctuations in the financial market over which the seller has no control, and which may occur before the expiry ofem the deadline to withdraw from the contract;

c. where the object of the service is prefabricated, manufactured according to the specifications of a consumer or for satisfaction of his individualized needs;

d. where the object of the service is to dose deteriorate or having a short shelf life;

e. where the object of the service is the thing supplied in sealed packaging, which after opening the package cannot be returned due to health or hygiene reasons, if the packaging has been opened after delivery;

f. where <pages(g)>the object of the service There are things that after delivery, due to their nature, are inseparably combined with other things;

g. where the object of the service are alcoholic beverages, of which the price was agreed upon at the conclusion of the contract of sale and the delivery can take place only after 30 days and the value of which depends on fluctuations in the market, over which the trader has no control;

(h) in which the consumer expressly requested that the entrepreneur to it comes to urgent repair or maintenance; If the entrepreneur provides additionally inn(e) services than those requested by the consumer, or provides things other than spare parts necessary to repair or maintenance, the right of withdrawal the consumer is entitled to in relation to additional services or items;

and in which <pages(g)>the object of the service are the sound or visual recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;

j. for the supply of newspapers, periodicals or magazines, with the exception of subscription agreement;

k. concluded in a public auction;

l.      for the provision of services in the field of accommodation, other than for residential purposes, the carriage of goods, rental cars, catering, services related to leisure, entertainment events, sports or cultural events, if the agreement marked a day or term of service;

m. for the supply of digital content, which are not stored on durable media, if performance has begun with the express consent of the consumer before the expiry of the deadline to withdraw from the contract and after having informed the trader it about loss of rights withdraw from the contract. 

 

§5 Rękojmia

 

1.     The seller on the basis of article. 558 § 1 of the civil code completely disables the responsibility towards customers in respect of physical and legal defects (warranty).

2. the seller is liable to the consumer on the principles referred to in article 1. 556 of the civil code and subsequent defects (warranty).

3. In the case of a contract with a consumer if a physical defect has been detected before the end of the year, since the release of things, it is assumed that it existed in the time of transition hazard to the consumer.

4. the consumer if the thing sold has a defect, you may:

a. make a statement about the request price reduction;

b. make a statement of withdrawal from the agreement;

unless the seller immediately and without undue inconvenience to the consumer will replace the defective thing for free from defects or defect will remove. However, if the thing was already been replaced or repaired by the seller or the seller did not satisfy the obligation to exchange things for free from defects or to remedy a defect shall not be entitled to the right to exchange goods or removal of the defect.

5. the consumer may, instead of the proposed remedy of defects by seller require the exchange of things for free from defects or instead of exchanging things require removal of the defect, unless you bring things to conformity with the contract in the manner chosen by the consumer is impossible or would involve excessive costs compared with the way proposed by the seller, by evaluating the costs of the account shall be taken of the value of the things free from defects, the nature and importance of the defect, and also takes into account the the inconvenience to which the Consumer would be exposed otherwise satisfy.

6. The consumer may not withdraw from the contract, if the defect is irrelevant.

7. the consumer if the thing sold has a defect, you may also:

a. require the exchange of things for free from defects;

b. request a

removal of the defect.

8. the seller is obliged to replace the defective thing for free from defects or remove the defect within a reasonable period of time without undue inconvenience to the consumer.

9. the seller may refuse the consumer, if you bring to conformity with the contract stuff the flawed in the manner chosen by the buyer is impossible or in comparison with the other possible way to bring to conformity with the contract would require excessive costs.

10. If the thing bad has been mounted, the consumer may require the Seller dismantling and re-installation after the exchange for free from defects or remove disadvantages, however, is obliged to pay part of the costs involved above the price of the things sold or he may require the Seller to pay part of the costs of dismantling and re-installation, up to the amount of the price of the thing sold. In the event of non-fulfilment of the obligation by the seller, the consumer is entitled to make those steps at the expense and risk of the seller.

11.  Konsument, który wykonuje uprawnienia z tytułu rękojmi, jest obowiązany na koszt Sprzedającego dostarczyć rzecz wadliwą na adres reklamacyjny, a jeżeli ze względu na rodzaj rzeczy lub sposób jej zamontowania dostarczenie rzeczy przez Konsumenta byłoby nadmiernie utrudnione, Konsument obowiązany jest udostępnić rzecz Sprzedającemu w miejscu, w którym rzecz się znajduje. W razie niewykonania obowiązku przez Sprzedającego Konsument jest upoważniony do odesłania rzeczy na koszt i niebezpieczeństwo Sprzedającego.

12. the cost of replacement or repair shall be borne by the seller, except for the situation described in § 4, paragraph 10.

13. the seller is obliged to accept from the consumer for defective in case of replacing things for free from defects or withdraw from the contract.

14. the seller within 14 days of making the:

a. statements on request price reduction;

b. a statement of withdrawal from the agreement;

c. requests to exchange things for free from defects;

d. requests to remove disadvantages.

Otherwise, it is believed, that considered it a reasoned statement or request the consumer.

15. the seller is responsible for warranty, if a physical defect is found before the end of the two years since the release of things to the consumer, and if the subject is to use before the end of the year, since the things consumer.

16. the claim of the consumer for the removal of defects or replacement of things sold on a free from defects are subject at the end of the year, counting from the day of the defect but no earlier than before the expiry of the two years since the release of things to the consumer, and if the subject the sale is for use before the end of the year, since the things consumer.

17. In the case of, when specified by the seller or the manufacturer's shelf life things to use ends after the expiry of two years since the release of things to the consumer, the seller is responsible for the warranty for material defects of the things established before the expiry of that period.

18. Within the time limits set out in § 4 paragraph 15-17 the consumer can make a statement of withdrawal from the contract or reduce the price because of defects of physical things sold, and if the consumer has requested the exchange of things for free from flaws or defects, the time limit for the submission of the Declaration of withdrawal from the contract or reduce the price starts with the ineffective expiry to exchange things or

removal of the defect.

19. In the event of an investigation before the Court or arbitration one of the powers of the warranty term for the implementation of other rights, remedies available to the Consumer, shall be suspended until the final conclusion of the proceedings. Respectively, shall also apply to the mediation procedure, the time limit for the implementation of the other rights of warranties, remedies available to the consumer, begins to run from the date of the refusal by the court approval of a settlement concluded before a mediator or ineffective mediation end.

20. for the exercise of the powers in respect of the warranty for defects in legal stuff sold shall apply to § 4 paragraph 15-16, except that the period starts from the date on which the consumer has learned of the existence of the defect and, if the consumer has learned of the existence of the defect at the result of the third-from the date on which a judgment given in a dispute with a third party became final.

21. If, by reason of defects in things the consumer made a statement of withdrawal from the contract or reduce the price, he may claim compensation for the damage, which has suffered through it, that has entered into an agreement, not knowing about the existence of a defect, even if damage was the result of circumstances for which the The seller shall not be liable, and in particular may request a refund of the conclusion of the contract, the costs of receiving, carriage, storage and insurance of the things, reimbursement expenses in so far as they did not address benefits, not has returned from a third party and reimbursement process. Without prejudice to the provisions on the obligation to compensate for damage to the General rules.

22. Has * passed *impact of any time-limit for defect does not exclude enforcement powers under warranty, if the seller a defect deceitfully withheld.

 

§6 Polityka prywatności oraz bezpieczeństwo danych osobowych

 

1. Database Administrator of the personal data transferred by consumers is the seller.

2. the seller undertakes to protect personal data in accordance with the personal data protection act of 29 August 1997, and the Act on electronic services of 18 July 2002. Buyers by providing your personal information when placing the order the seller agrees to the processing by the seller in order to carry out the order. The buyer has at any time the ability to access, correct, update or delete your personal data.

3. Detailed rules for the collection, processing and storage of personal data used for the performance of contracts by the shop are described in the privacy policy, which is located at: /informacja/16/bezpieczenstwo

 

§7 Postanowienia końcowe

 

1. Nothing in these terms is not intended to breach the rights of the buyer. There may also be thus interpreted, as in the case of non-compliance with any part of the terms of the applicable law the seller declares the absolute compliance with and application of that law in place of the contested provision

terms of use.

2. changes to terms and their terms of registered Buyers will be notified by e-mail (indicated by registration or e-mail). Notification will be sent at least 30 days before the entry into force of the new regulations. Changes will be introduced in order to adapt the rules to the existing State of the law.

3. The current version of the rules is always available to the buyer in the terms and conditions /informacja/15/regulamin. In the course of the execution of the contractand over the maintenance of the buyer accepted terms and conditions by you when placing an order. Except when the consumer finds it less favourable current and inform the Seller about the selection of the current as applicable.

4. in the case of matters not regulated by these terms and conditions will apply the appropriate applicable law. Disputes, if the consumer agrees the will, fixes on the road of mediation or arbitration. As a last resort, adjudicate sad jurisdiction and materially.